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 F13[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.

Annotations

Amendments:

F13

Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 24(f), S.I. No. 147 of 2014.

Editorial Notes:

E66

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.