Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

31.

Powers of authorised officers — CVR maintenance.

31.— (1) Subject to section 26, for the purposes of this Part an authorised officer may, at any reasonable time, enter any premises in which he or she believes on reasonable grounds one or more CVR vehicles, or any records or documentation relating to CVR vehicles, are kept and may—

(a) search the premises in order to locate the CVR vehicle or vehicles,

(b) inspect the vehicle or vehicles and any facilities or equipment used for the repair or maintenance of vehicles,

(c) require the owner, or the person in charge, of the premises or the vehicle, to produce to him or her any books, documents or records relating to the testing, inspection, repair and maintenance of the vehicle or vehicles which are in the person’s power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records,

(d) inspect and take extracts from or make copies of any books, documents or records referred to in paragraph (c) (including in the case of information in a non-legible form a copy of or extract from such information in a legible form),

(e) remove and retain such books, documents or records for such period as may be reasonable for further examination, and

(f) require any person in charge of the premises to give him or her any information or data which he or she may reasonably require with regard to the CVR testing, inspection, repair or maintenance of the vehicle or vehicles.

(2) A person who—

(a) without reasonable excuse fails or refuses to comply with any request or requirement made by an authorised officer under subsection (1),

(b) obstructs, impedes, interferes with or assaults an authorised officer exercising a power under subsection (1),

(c) gives to an authorised officer information which he or she knows to be false or misleading in a material respect, or

(d) alters, suppresses, or destroys any statements, certificates, books, documents or records which the person concerned has been required to produce, or reasonably expected to be required to produce,

commits an offence.

(3) Where an authorised officer having exercised a power under this section, forms the opinion that a CVR vehicle is not being maintained in a roadworthy condition or is not being maintained in accordance with any regulations made under section 30 he or she may serve on the owner and the driver of the vehicle all or any of the following directions:

(a) that the vehicle not be driven in a public place until it has been tested in accordance with the regulations;

(b) that the vehicle be CVR tested—

(i) by a specified date, or

(ii) at such times or regular intervals as the authorised officer, acting reasonably, may direct;

(c) that the owner—

(i) carry out planned routine maintenance,

(ii) carry out routine vehicle safety checks (including daily and weekly walk-around checks on vehicles), or

(iii) put in place systems for recording and reporting maintenance activity, rectification of vehicle defects and training of staff.

(4) Any testing directed under this section shall be carried out at the expense of the owner of the vehicle.

(5) A person who fails to comply with a direction of an authorised officer under subsection (3) and, if he or she is not the owner of the vehicle the owner, commits an offence.

(6) A person guilty of an offence under this section is liable on summary conviction to a class A fine.

(7) Where a person who fails to comply with a direction of an authorised officer under subsection (3)(a) is not the owner of the vehicle and the owner is charged with an offence under subsection (5) it is a defence to the charge if the owner shows that at the time of the alleged offence the vehicle was used without his or her consent.

Annotations:

Editorial Notes:

E64

A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.