Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

36.

Detention of vehicles, etc., by authorised officers and CVR inspectors.

36.— (1) The Minister may make regulations authorising and providing for the detention, immobilisation, storage and subsequent release or disposal of a CVR vehicle where—

( a) in the opinion of an authorised officer or a CVR inspector the vehicle is not roadworthy,

( b) an authorised officer or a CVR inspector is prevented from inspecting the vehicle, or

( c) the vehicle is being used in breach of a direction, or of a requirement of a CVR inspector under section 34 .

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)

( a) authorise and provide for the recovery by such persons or classes of persons as may be specified in the regulations from the owners of vehicles detained, removed, stored, released or disposed of, of charges in accordance with a prescribed scale, in respect of such detention, removal, storage, release or disposal and for the disposal of moneys received in respect of such charges,

( b) provide for the release, by or on behalf of persons referred to in paragraph (a), of vehicles detained, immobilised, removed or stored to such persons and upon such conditions as may be specified in the regulations,

( c) authorise and provide for the sale, or the disposal otherwise than by sale, by or on behalf of persons referred to in paragraph (a) of vehicles detained, immobilised, removed or stored and provide for the disposal of moneys received in respect of such sale or other disposal.

(3) Notwithstanding any other provisions of this section, a vehicle shall not be disposed of before the expiration of a period of 3 weeks from the date of its detention or 2 weeks after notice of the intended disposal has been given in the prescribed manner, whichever is the longer.

(4) A person who obstructs or impedes, or assists another person to obstruct or impede, an authorised officer or a member of the Garda Síochána in the performance of his or her duties under this section commits an offence and is liable on summary conviction to a class A fine.

(5) 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.

(6) No action shall lie in respect of anything done in good faith and without negligence in the course of the detention, immobilisation, removal, storage, release or disposal of a vehicle under this section.

Annotations:

Editorial Notes:

E52

Power pursuant to section exercised (20.05.2018) by Commercial Vehicle Roadworthiness (Roadside Enforcement) Regulations 2018 (S.I. No. 161 of 2018), in effect as per reg. 1(2).