Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

34.

Powers of CVR inspector.

34.— (1) A CVR inspector may—

( a) where the CVR inspector is, or is accompanied by, a member of the Garda Síochána F6 [ or a member of Customs and Excise ], require the driver of a CVR vehicle to stop the vehicle and keep it stationary for such period as is reasonably necessary for an inspection under section 32 to take place,

( b) require the driver of the CVR vehicle to produce a certificate of roadworthiness which is in force in relation to the vehicle,

( c) require the driver of the CVR vehicle to provide him or her with such information as is reasonably necessary for an inspection under section 32 to take place,

( d) carry out, or cause to be carried out, on the CVR vehicle such tests as the CVR inspector considers reasonable,

( e) drive the CVR vehicle for a reasonable time and distance, and

( f) do all such things and make all such requirements in relation to the CVR vehicle as are reasonably necessary for the purpose of carrying out an inspection under section 32 .

(2) A person who obstructs or who fails or refuses to permit an inspection of a CVR vehicle under section 32 , or who fails or refuses to comply with a requirement under subsection (1), commits an offence and is liable on summary conviction to a class A fine.

(3) No action shall lie in respect of anything done in good faith and without negligence by a CVR inspector under this section for the purposes of carrying out an inspection under section 32.

(4) A member of the Garda Síochána may arrest without warrant a person who, in the member’s opinion, is committing or has committed an offence under this section.