Road Transport Act 1986
Powers of transport officers.
16.—(1) A transport officer shall for the purposes of—
(a) the Road Transport Act, 1932, the Road Transport Act, 1933, the Road Transport Act, 1935, the Transport Act, 1944, the Road Transport Act, 1971, this Act and any instrument made under any of the said enactments,
(b) any regulation made by the Minister under the European Communities Act, 1972, relating to the carriage of goods by road or the carriage of passengers by omnibus, and
(c) any enactment or any instrument made under any enactment relating to the carriage of goods by road or the carriage of passengers by omnibus or to any vehicle or class of vehicle engaged in such carriage as may be specified by order under section 18 (1) (a) of this Act,
have power to do any or all of the following things—
(i) at any time enter a premises or place if he has reasonable grounds for believing that it is used for a purpose connected with road transportF9[, including the engagement or use by a person in the premises or place of the services of an undertaking for the carriage by road for reward of merchandise in a vehicle] (in this section referred to as “road transport operations”) or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any documents, records, books or recording equipment kept or used in that vehicle, premises or place, as the case may be, for the purposes of road transport operations,
(ii) at any time inspect a vehicle which is stationary and inspect any documents, records, books, goods or recording equipment being carried in or on the vehicle or by the crew kept or used for the purposes of road transport operations,
(iii) require any person at the premises or in the place or in the vehicle to produce to him any document, book or record kept or used for the purposes of road transport operations which is in the power or control of that person,
(iv) inspect, examine and take copies of or extracts from or take away, if necessary for the purposes of inspection or examination, any document, book or record kept or used for the purposes of road transport operations and require the person by whom such document, book or record is kept or who produced the document, book or record to certify a copy thereof as a true copy.
(2) For the purpose of exercising his powers under subsection (1) of this section, a transport officer may detain a vehicle during such time as is required for the exercise of those powers.
(3) A person who obstructs or interferes with a transport officer when he is exercising a power conferred on him by this section or who fails to comply with a request or requirement of a transport officer under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.
F10[(4) A transport officer shall not, other than with the consent of the occupier, enter such part of a premises used as a private dwelling unless he has obtained a warrant from the District Court under section 16A of this Act authorising such entry.
(5) Where a transport officer in exercise of his powers under this section is prevented from entering any premises or place an application may be made under section 16A of this Act for a warrant authorising such entry.]
Substituted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 14(2), S.I. No. 264 of 1999.
Inserted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 14(3), S.I. No. 264 of 1999.
Modifications (not altering text):
Section applied with modifications (22.12.2020) by European Union (Interbus Agreement) Regulations 2020 (S.I. No. 694 of 2020), reg. 5(3)(a).
(3) (a) Sections 15(2), 16 and 16A of the Act of 1986 shall apply to a transport officer within the meaning of the Act of 1986 designated to be an authorised inspecting officer under Regulation 4(c) as they apply to a transport officer appointed under section 15 of the Act of 1986 subject to the following and any other necessary modifications:
(i) a reference to a transport officer in section 15(2), 16 and 16A of the Act of 1986 shall be construed as a reference to an authorised inspecting officer;
(ii) a reference to “road transport” or “road transport operations” in section 16 or 16A of the Act of 1986 shall be construed as a reference to international carriage of passengers within the scope of Article 1.