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Road Safety (Heavy Vehicle Safety) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Overview
The Bill implements the investigatory and evidence gathering aspects of the
National Road Transport Commission's Exposure Draft of the Road
Transport Reform (Compliance and Enforcement) Bill 2003, and addresses
some defects in the existing legislation relating to heavy vehicle inspections
generally.
Clause Notes
Clause 1 sets out the purposes of the amendments that the Bill makes to
the Road Safety Act 1986 and the Transport Act 1983.
Clause 2 provides for commencement arrangements. The various
provisions will come into operation on dates fixed by
proclamation, with any unproclaimed provisions to commence on
1 July 2003.
Clause 3 inserts a new Part 9 into the Road Safety Act 1986, which deals
with inspections and searches concerning heavy vehicles. Part 9
is divided into 7 Divisions, and inserts sections 106 to 149 into
the Road Safety Act 1986.
Division 1 of Part 9 (sections 106 to 112) contains a number of
preliminary matters.
Section 106 defines various terms that are used in Part 9.
This includes a definition of "heavy vehicle" that expands the
meaning that is given to those words in section 3(1) of the Road
Safety Act 1986. The effect of this expansion is that in Part 9 of
the Road Safety Act 1986, "heavy vehicle" includes not only a
motor vehicle or trailer that has a gross vehicle mass greater than
4·5 tonnes, but also--
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551005 BILL LA CIRCULATION 2/5/2003
· any other vehicle that is physically connected to it, even
if that other vehicle is not itself a motor vehicle or
trailer that has a gross vehicle mass greater than 4·5
tonnes; and
· a motor vehicle which (together with any trailer
attached to it) seats more than 12 adults (including the
driver) that is used, or intended to be used, to carry
passengers for reward or in the course of a business.
"inspector" is defined to mean an "authorised officer" (that is, a
person authorised to carry out inspections and searches by the
Roads Corporation or the Secretary to the Department of
Infrastructure under section 112) or a member of the police force.
This is a wider definition than applies to the term "authorised
inspector", which is defined in section 119 to mean an authorised
officer who has been authorised under section 112 to carry out
inspections and searches of premises or a member of the police
force. The inspection and search of premises is more intrusive
than the inspection and search of a heavy vehicle, and therefore
officers of the Roads Corporation or the Department of
Infrastructure are only able to perform such searches if they have
been authorised to do so. Members of the police force are
included in the definition of "inspector" and "authorised
inspector", and can therefore conduct inspections and searches of
both heavy vehicles and premises.
"relevant law or scheme" is defined to mean a road or transport
law of Victoria or another jurisdiction, or an approved road
transport compliance scheme. "Approved road transport
compliance scheme" is itself defined in section 106 to mean a
prescribed scheme, agreement or arrangement that makes
provision for compliance with a road transport law of Victoria or
another jurisdiction.
"responsible person" is defined to mean any person having, at a
relevant time, a role or responsibilities concerning road transport.
The definition lists a number of persons as coming within this
definition. However, this list is not intended to be exhaustive.
A number of provisions in the Act only apply to responsible
persons.
Section 107 provides that for the purposes of Part 9, a premises,
or a part of premises, that is used for business purposes is not to
be taken to be used for residential purposes merely because
sleeping or other accommodation is provided there for the drivers
of heavy vehicles. This is important because the power to inspect
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and search premises given by Division 3 of Part 9 does not apply
to premises that are used for predominantly residential purposes.
Section 108 defines the term "driver base" that is used in Part 9.
Section 109 explains what a person may do if he or she is given
the power in Part 9 to copy a document.
Section 110 defines the term "compliance purposes" that is used
in Part 9.
Section 111 explains what is meant by a reference to--
· the owner, operator or registered operator of a vehicle,
in the case of a group of vehicles that are physically
connected;
· a contravention of a relevant law or scheme; and
· a requirement imposed by a law or scheme.
Section 112(1) gives the Roads Corporation and the Secretary to
the Department of Infrastructure power to authorise officers of
the Roads Corporation or the Department of Infrastructure to
carry out the inspections and searches that are permitted by Part 9
of the Road Safety Act 1986. This authorisation may extend to
any inspections and searches of heavy vehicles and premises that
are permitted by Part 9 (section 112(1)(a)), or may be limited
to--
· any inspections and searches of heavy vehicles only
(section 112(1)(b));
· the inspection of a particular heavy vehicle or premises
or class of heavy vehicle or premises (section
112(1)(c)); or
· the inspection and search of a particular heavy vehicle
or premises, or class of heavy vehicle or premises
(section 112(1)(d)).
These authorised officers are included in the definition of
"inspector" in section 106. Unlike members of the police force,
who are also included in the definition of "inspector", authorised
officers do not have the power to use force in the exercise of a
power under Part 9 (see sections 115(6), 122(6), 128(5) and
134(3)).
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Section 112(2) provides for authorised officers to be given an
identity card that includes their name and photograph. In cases
where the officer is authorised to conduct inspections and
searches of any heavy vehicles and premises under section
121(1)(a), or inspections and searches of any heavy vehicles
under section 121(1)(b), the identity card must also state which of
those two categories of inspection and search the officer is
authorised to conduct.
In cases where the officer is authorised to conduct inspections of
a particular heavy vehicle or premises or class of heavy vehicles
or premises under section 121(1)(c), or inspections and searches
of a particular heavy vehicle or premises or class of heavy
vehicles or premises under section 121(1)(d), section 112(3)
requires him or her to be given a paper document in addition to
the identity card required by section 112(2). This paper
document will specify the particular inspections, or inspections
and searches, that the officer has been authorised to conduct.
The reason why this information is to be provided on a paper
document rather than the identity card is that the identity card
will be too small to fit the description of the particular
inspections, or inspections and searches, that are authorised.
Section 112(4) requires an authorised officer to return his or her
identity card and (if applicable) paper document provided under
sections 112(2) and 112(3) when his or her authorisation under
section 112 ceases to have effect.
Division 2 of Part 9 (sections 113 to 118) provides for the
inspection and search of heavy vehicles on highways or public
places.
Section 113 states what heavy vehicles Division 2 applies to.
Only these vehicles may be inspected and searched under
Division 2.
Section 114(1) provides that an inspector may inspect a vehicle
to which Division 2 applies to ascertain whether a relevant law or
scheme is being complied with.
Section 114(2) provides examples of what this power of
inspection allows an inspector to do.
Section 114(3) provides that section 114 does not authorise the
use of force, but that the inspector may open unlocked doors,
panels, objects or other things, and/or move, but not take away,
anything that is not locked up or sealed.
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Section 114(4) provides that where a vehicle has been involved
in a collision on a highway, the inspector may, for the purpose of
inspecting the vehicle, enter the place that the vehicle is in or on
without the consent of the owner or occupier of that place.
Section 115(1) provides that an inspector may search a vehicle to
which Division 2 applies if the inspector believes on reasonable
grounds that specified circumstances exist.
Sections 114(1) and 115(1) provide for a staged approach to the
investigation of possible road transport offences. Whereas
section 114(1) authorises the inspection of the heavy vehicles to
which Division 2 applies for the purposes of determining whether
a relevant law or scheme is being complied with, section 115(1)
only allows for the search of those vehicles if the inspector has
formed a reasonably based belief that specified circumstances
exist. The reason for this distinction is that a search is more
intrusive than an inspection.
Section 115(2) provides that the inspector may form the
necessary belief during or after an inspection, or independently of
an inspection. The words "independently of an inspection"
recognise the fact that although a search will usually be preceded
by an inspection, this need not be the case. That is, provided the
requisite belief has been formed as to the existence of one of the
circumstances that are specified in section 115(1) as justifying a
search of a heavy vehicle, it is possible to conduct that search
without first exercising the more limited inspection power.
Section 115(3) provides examples of what the power to search a
heavy vehicle allows an inspector to do.
Section 115(4) provides when an inspector may seize and remove
documents, devices or other things from a heavy vehicle.
Section 115(5) provides that section 115 does not authorise an
inspector to search a person.
Section 115(6) provides that a member of the police force may
use reasonable force when exercising a power of search under
section 115. Authorised officers, that is, officers of the Roads
Corporation or the Department of Infrastructure who are
appointed under section 112, are not authorised to use force in
the exercise of a power under section 115.
Section 116 provides when an inspector is required to produce
identification before starting to inspect or search a heavy vehicle.
Section 117 provides when an inspector is required to produce
identification during the inspection or search of a heavy vehicle.
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Section 118 provides that an inspector may exercise a power to
inspect or search a heavy vehicle under Division 2 at any time,
and that the inspector does not need to obtain the consent of any
person before doing so.
Division 3 of Part 9 (sections 119 to 127) provides for the
inspection and search of premises.
Section 119 defines "authorised inspector", which is only used in
Division 3 of Part 9. This term means--
· an officer of the Roads Corporation or the Department
of Infrastructure who has been authorised under
section 112 to inspect and search premises; and
· a member of the police force who has been authorised
by the Chief Commissioner of Police to inspect and
search premises.
Section 120 states what premises Division 3 applies to.
Only these premises may be inspected under Division 3.
The premises that may be searched under Division 3 are these
premises, and also any premises where an authorised officer
believes on reasonable grounds that a heavy vehicle is located
(see section 122(1)).
Section 121(1) provides that an authorised inspector may inspect
a premises to which Division 3 applies to ascertain whether a
relevant law or scheme is being complied with.
Section 121(2) provides examples of what this power of
inspection allows an authorised inspector to do.
Section 121(3) provides that section 121 does not authorise the
use of force, but that the authorised inspector may open unlocked
doors, panels, objects or other things, and/or move, but not take
away, anything that is not locked up or sealed.
Section 122(1) specifies which type of premises may be searched
under Division 3. These are--
· any premises to which Division 3 applies (which are
specified in section 120); and
· any premises where an authorised inspector believes on
reasonable grounds that a heavy vehicle is located.
Section 122(2) provides that these premises may be searched if
the authorised inspector has reasonable grounds for believing that
specified circumstances exist.
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Sections 121(1) and 122(2) provide for a staged approach to the
investigation of possible road transport offences. Whereas
section 121(1) authorises the inspection of the premises to which
Division 3 applies for the purposes of determining whether a
relevant law or scheme is being complied with, section 122(2)
only allows for the search of those premises if the inspector has
formed a reasonably based belief that specified circumstances
exist. The reason for this distinction is that a search is more
intrusive than an inspection.
Section 122(3) provides that the inspector may form the
necessary belief during or after an inspection, or independently of
an inspection. The words "independently of an inspection"
recognise the fact that although a search will usually be preceded
by an inspection, this need not be the case. That is, provided the
requisite belief has been formed as to the existence of one of the
circumstances that are specified in section 122(2) as justifying a
search of a premises, it is possible to conduct that search without
first exercising the more limited inspection power.
Section 122(4) provides examples of what this power to search
premises allows an authorised inspector to do.
Section 122(5) provides when an authorised inspector may seize
and remove documents, devices or other things from a premises.
Section 122(6) provides that a member of the police force may
use reasonable force when exercising a power of search under
section 122. Authorised officers, that is, officers of the Roads
Corporation or the Department of Infrastructure who are
appointed under section 112, are not authorised to use force in
the exercise of a power under section 122.
Section 123 provides when a power to inspect or search a
premises under Division 3 may be exercised. In the case of
premises that are used for predominantly residential purposes,
these powers may be exercised at any time, provided that consent
is obtained to the inspection or search under section 125. In the
case of business premises, these powers may be exercised at any
time during the usual business operating hours applicable at the
premises, whether or not consent to the inspection or search has
been obtained.
Section 124(1) provides that an inspection or search of premises
under Division 3 may not be made of premises that are
unattended at the time of the proposed entry, or of premises that
are used for predominantly residential purposes, unless consent to
the inspection or search has been obtained under section 125.
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The combined effect of sections 123 and 124(1) is that an
authorised inspector is required to obtain consent under
section 125 before exercising a power to inspect or search
premises under Division 3 when--
· a business is carried on at the premises and the proposed
entry is to be made outside the usual business operating
hours applicable at the premises (section 123(b));
· the premises are unattended at the time of the proposed
entry (section 124(1)(a)); or
· the premises are used for predominantly residential
purposes (section 124(1)(b)).
Section 124(2) provides when a premises is unattended for the
purposes of section 124(1)(a).
Section 124(3) requires an authorised inspector who mistakenly
enters an unattended premises to leave a notice advising of the
entry and then immediately leave.
Section 125(1) states who can provide consent to an inspection or
search of premises under Division 3.
Sections 125(2) and 125(3) set out what an authorised inspector
needs to do to obtain a person's consent to the inspection or
search of premises under Division 3.
Section 125(4) provides that if in any legal proceeding an
acknowledgement signed by a person who is alleged to have
consented to the inspection or search of premises under
Division 3 is not produced to the court or tribunal, it must be
presumed, until the contrary is proved, that consent to the
inspection or search was not obtained.
Section 125(5) makes it clear that if a person exercises his or her
right to refuse to consent to an inspection or search of premises
(relying on section 124(1)), then he or she has not obstructed an
inspector.
Section 126 provides when an inspector is required to produce
identification before starting to inspect or search a premises.
Section 127 provides when an inspector is required to produce
identification during the inspection or search of a premises.
Division 4 of Part 9 (sections 128 to 131) provides for the issue
of search warrants. The power to apply for, and act on, a search
warrant under Division 4 is additional to, and separate from, the
power to inspect and search premises under Division 3.
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Section 128(1) allows an inspector to apply to a magistrate for
the issue of a search warrant in relation to premises, if the
inspector believes on reasonable grounds that there is on the
premises evidence of a contravention of a road or transport law.
Section 128(2) allows a magistrate to issue a search warrant if
satisfied that there are reasonable grounds to believe that there is
on a premises a thing or things of a particular kind that may be
evidence of the contravention of a road or transport law.
Unlike the power to inspect and search premises under
Division 3, there is no limit as to the type of premises that can be
the subject of a search warrant.
Section 128(3) provides that a search warrant must be issued in
accordance with the Magistrates' Court Act 1989.
Section 128(4) provides what actions may be authorised by a
search warrant.
Section 128(5) provides that a member of the police force may be
authorised by a search warrant issued under section 128 to enter a
premises by force.
Section 128(6) specifies the matters that must be stated in a
search warrant issued under section 128.
Section 128(7) provides that a warrant issued to a named member
of the police force may be exercised by any member of the police
force.
Section 128(8) applies the rules to be observed with respect to
search warrants in the Magistrates' Court Act 1989 to search
warrants issued under section 128.
Section 129 requires an inspector to announce that he or she is
authorised by the warrant to enter the premises and to give any
person at the premises an opportunity to allow entry, unless
immediate entry is required to ensure the safety of any person, or
to ensure that the effective execution of the warrant is not
frustrated.
Section 130 requires an inspector to identify himself or herself to
the occupier or other person present at the premises where a
warrant is being executed, and to give that person a copy of the
warrant.
Section 131 allows an inspector executing a warrant issued under
section 128 to seize any thing not described in the warrant, if the
inspector believes on reasonable grounds that the thing could
have been included in the warrant or will afford evidence about
the contravention of a road or transport law, and that it is
necessary to seize the thing in order to prevent its concealment,
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loss or destruction or its use in contravention of a road or
transport law.
Division 5 of Part 9 (sections 132 to 138) allows inspectors to
give various directions.
Section 132(1) allows inspectors, for the purposes of ascertaining
whether or not a relevant law or scheme has been contravened or
complied with, to require responsible persons to provide
documents, devices or other things relating to heavy vehicles.
Section 132(2) specifies what this direction must state.
Section 132(3) allows an inspector to specify particular
documents, devices or other things in a direction.
Section 132(4) specifies what an inspector may do with
documents, devices and other things that are produced in
accordance with a direction under section 132(1).
Section 132(5) provides that it is an offence to, without
reasonable excuse, refuse or fail to comply with a direction under
section 132(1).
Section 133(1) allows inspectors to direct a responsible person to
provide assistance to the inspector to enable the inspector
effectively to exercise a power under Part 9.
Section 133(2) gives examples of the sort of direction that may
be given.
Section 133(3) provides that it is an offence to fail to comply
with such a direction.
Section 133(4) establishes a defence to a charge under
section 133(3) if the direction was unreasonable, or the direction
or its subject-matter was outside the scope of the business or
other activities of the person.
Section 134(1) provides that section 133 does not authorise an
inspector to direct a person to drive a vehicle.
Section 134(2) specifies the circumstances in which an inspector
may enter a vehicle and run its engine, or authorise another
person to do so.
Section 134(3) provides that a member of the police force or a
person authorised by a member of the police force may use
reasonable force when entering a vehicle and running its engine.
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Section 135(1) provides that an inspector may, for the purposes
of ascertaining whether or not a relevant law or scheme has been
contravened or complied with, direct an individual who is a
responsible person to state the person's name, home address and
business address.
Sections 135(2) and 135(3) provide that it is an offence to fail to
comply with this direction, or to knowingly provide a false name
or address.
Section 135(4) establishes a defence to a charge of failing to
provide a business address that the person did not have a business
address, or that the person's business address was not connected
with road transport involving heavy vehicles.
Section 135(5) provides that section 135 does not affect any other
law that requires a person to state the person's name and address.
Examples of such a law include--
· Section 59(1)(a) of the Road Safety Act 1986, which
requires the driver or person in charge of a motor
vehicle on a highway to state his or her name and
address if requested to do so by a member of the police
force or an officer of the Roads Corporation or of the
Department of Infrastructure, or by an officer of a
municipal council who has reasonable grounds for
believing that the vehicle is overloaded or that the driver
has been driving excessive hours; and
· Section 216(1)(b) of the Transport Act 1983, which
allows a member of the police force, an officer of the
Roads Corporation, or a person authorised by the Roads
Corporation or the Secretary to the Department of
Infrastructure to request the driver of any motor vehicle
to state his or her name or address for the purpose of
ascertaining whether requirements imposed by or under
that Act or any other Act relating to transport are being
complied with.
Section 136(1) allows inspectors, for the purposes of ascertaining
whether or not a relevant law or scheme has been contravened or
complied with, to require responsible persons who are associated
with a particular heavy vehicle to provide certain information as
to the identity and address of other responsible persons associated
with the vehicle.
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Sections 136(2) and 136(3) provide that it is an offence to fail to
comply with this direction, or to knowingly provide information
that is false or misleading.
Section 136(4) establishes a defence to a charge of failing to
comply with a direction that the person charged establishes that
he or she did not know, and could not reasonably be expected to
know or ascertain, the required information.
Section 136(5) establishes a defence to a charge of failing to state
another person's business address that the other person did not
have a business address, or that the other person's business
address was not connected with road transport involving heavy
vehicles.
Section 137 sets out the manner of giving directions under
Division 5.
Section 138(1) provides that a person is not entitled to refuse to
supply information in accordance with a direction from an
inspector given under Division 5 on the basis of the privilege
against self-incrimination.
However, sections 138(2) to 135(5) provide that if information is
obtained from a natural person (that is, a human, as opposed to a
company) by means of a direction given under Division 5, then it
is only admissible in evidence against the person in criminal
proceedings if it is--
· relevant to a charge of providing false information
(section 138(2));
· information as to the person's name, home address or
business address obtained under section 135(1)
(section 138(3));
· contained in a document or item that the person is
required to keep by any law or approved road transport
compliance scheme (section 138(4)(a)); or
· contained in a document or item that the person was not
required to identify, reveal the location of, or explain
the contents of (sections 138(4)(b) and 138(5)).
The reason why sections 138(2) to 138(5) only apply to natural
persons is that it is already a principle of the common law that the
privilege against self-incrimination does not apply to bodies
corporate (Environment Protection Authority v Caltex
Refining Co. Pty Ltd (1993) 178 CLR 477).
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Division 6 of Part 9 (sections 139 to 144) makes provision for
what is to occur when an inspector exercises a power under
Part 9 to seize a document, thing or storage device, and allows
for the issuing of an embargo notice where a thing is too large to
be physically seized.
Section 139 specifies when an inspector who has seized a
document, thing which can be readily copied or storage device
must give a copy of the document, the thing or the information
contained in the storage advice to the owner of the document,
thing or device.
Section 140 specifies when an inspector who has seized a thing
must allow the person who would normally be entitled to
possession of it reasonable access to it.
Section 141 provides that if a thing that is seized is required by
law to be carried in or on a vehicle, the driver may complete his
or her journey despite no longer being in possession of it.
This would mean for example, that if a log book detailing a
person's driving record was seized by an inspector under
section 115(4), the driver would still be permitted to complete his
or her journey, despite the fact that it is an offence under
regulation 510(2) of the Road Safety (Drivers) Regulations 1999
not to carry a log-book while driving a commercial bus or heavy
truck.
Section 142 provides for the issue of an embargo notice in
respect of a thing that cannot, or cannot readily, be physically
seized and removed. An embargo notice is a notice forbidding
the movement, sale, leasing, transfer, deleting of information
from or other dealing with a thing, or any part of the thing,
without the permission of the inspector who issued it or the
Secretary to the Department of Infrastructure, the Roads
Corporation or the Chief Commissioner of Police. An embargo
notice can only be issued by an authorised officer who has been
authorised to do so under section 142(1)(c) or a member of the
police force who has been authorised to inspect and search
premises.
Section 142(10) applies sections 143 and 144 of the Act to an
embargo notice. This means that if an inspector issues an
embargo notice he or she must--
· withdraw the notice if the reason for the issuing of the
notice no longer exists (section 143(1)); and
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· withdraw the notice unless proceedings for the purpose
for which the notice was issued have commenced within
3 months or the Magistrates' Court makes an order
under section 144 extending the period during which the
notice may continue (section 143(2)).
Section 143 provides that if an inspector seizes a document or
thing under Part 9, the inspector must--
· return the document or thing to the person from whom it
was seized if the reason for its seizure no longer exists
(section 143(1); and
· withdraw the notice unless proceedings for the purpose
for which the notice was issued have commenced within
3 months or the Magistrates' Court makes an order
under section 144 extending the period during which the
notice may continue (section 143(2)).
Section 144 allows an inspector to apply to the Magistrates' Court
for an extension of the 3 month period specified in section 143(2)
as the period for which the inspector may retain a document or
thing that has been seized under Part 9.
Division 7 of Part 9 (sections 145 to 149) provides for other
matters concerning inspections and searches conducted under
Part 9.
Section 145(1) allows an inspector to exercise a power under
Part 9 with the aid of any assistants and equipment that the
inspector considers necessary.
Section 145(2) provides that a power that may be exercised by an
inspector under Part 9 may be exercised by an assistant
authorised by the inspector.
Section 145(3) provides that the powers given by sections 145(1)
and 145(2) do not apply to a search under a search warrant.
Section 146 allows the use of equipment to examine or process
things to determine whether or not they are things that may be
seized.
Section 147(1) allows for the use of electronic equipment in, on
or at a vehicle or premises to access information contained on a
disk, tape or other storage device, if the inspector reasonably
believes that the information contained on the storage device is
relevant to determine whether a relevant law or scheme has been
contravened.
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Section 147(2) provides what an inspector may do if he or she
finds information contained on a disk, tape or other storage
device that is relevant to determine whether a relevant law or
scheme has been contravened.
Section 147(3) provides that equipment must not be operated or
seized under section 147 unless there are reasonable grounds for
believing that the operation or seizure can be carried out without
damage to the equipment.
Section 148 creates an offence of obstructing or hindering an
inspector who is exercising a power under Part 9.
Section 149 creates an offence of impersonating an authorised
officer.
Clause 4 substitutes a new definition of "garage address" into section 3(1)
of the Road Safety Act 1986, and inserts definitions of "home
address" and "Secretary" into that section.
Clause 5 provides that a certificate or document which purports to have
been issued under any Act of the Commonwealth or of another
State or Territory of the Commonwealth corresponding to the
Road Safety Act 1986 and which purports to relate in any way to
the fact that a person is, or is not, or was, or was not, a member
of, or a participant in, an approved road transport compliance
scheme (as defined in section 106), is, for the purposes of the
Road Safety Act 1986, admissible in evidence in any
proceedings and, in the absence of evidence to the contrary, is
proof of the matters stated in it.
Evidence of a person's membership of an approved road transport
compliance scheme is important because an approved road
transport compliance scheme comes within the definition of a
"relevant law or scheme" in section 106, and the powers granted
by Part 9 are directed towards determining whether or not a
relevant law or scheme has been complied with.
Clause 6 repeals section 16(1) of the Road Safety (Further Amendment)
Act 1991, which would have inserted a new section 89C(1A) into
the Road Safety Act 1986, but which has never been proclaimed.
Section 89C(1A) provides for the automatic 1 month suspension
of the driving licence of a person who receives a drink-driving
infringement notice as the result of driving a heavy vehicle with a
blood alcohol concentration of less than 005. Other changes to
the drink-driving laws since this provision was introduced in
1991 have meant that it is no longer necessary.
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Clause 7(1) makes it clear that the powers to inspect and weigh vehicles
contained in sections 216 and 217 of the Transport Act 1983
may be exercised for the purpose of determining not only
whether they comply with the requirements imposed by the
Transport Act 1983 or any other Act relating to transport, but
also for the purpose of determining whether they comply with the
requirements imposed by regulations made under the Transport
Act 1983 or any other Act relating to transport.
Clause 7(2) makes it clear that the power to inspect vehicles contained in
section 216 of the Transport Act 1983 includes the power to
carry out tests, make copies of documents and extract or copy
any data held in any equipment or device required to be fitted to,
or carried on, any vehicle being inspected.
Clause 8 provides that if an inspector or member of the police force
inspects or weighs a heavy vehicle under section 216 or 217 of
the Transport Act 1983, and discovers that it does not comply
with the requirements imposed by the Road Safety Act 1986, or
by regulations made under that Act, then he or she may issue a
defective vehicle notice under section 14 of the Road Safety Act
1986.
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