(1)The Secretary of State may by regulations made by statutory instrument provide that—
(a)a goods vehicle registered in the United Kingdom, or
(b)a trailer drawn by a vehicle registered in the United Kingdom, or
(c)an unattached trailer which is for the time being in the United Kingdom,
may not be used on a journey to which the regulations apply, being a journey—
(i)for or in connection with the carriage or haulage of goods either for hire or reward or for or in connection with any trade or business carried on by the user of the vehicle, and
(ii)either between a place in the United Kingdom and a place outside the United Kingdom or, if the journey passes through any part of the United Kingdom, between places both of which are outside the United Kingdom,
unless a document of a description specified in the regulations is carried on the vehicle or, in the case of a trailer, is carried either on the vehicle drawing it or by a person in charge of it.
(2)If it appears to an examiner that a goods vehicle registered in the United Kingdom or a trailer is being used in such circumstances that, by virtue of regulations under subsection (1) above, a document of a description specified in the regulations is required to be carried as mentioned in that subsection he may, on production if so required of his authority,—
(a)require the driver of the goods vehicle concerned or, in the case of a trailer, the driver of the vehicle drawing it or the person in charge of it to produce a document of the description in question and to permit the examiner to inspect and copy it,
(b)detain the goods vehicle or trailer concerned for such time as is requisite for the purpose of inspecting and copying the document,
(c)at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that there is kept a vehicle (whether a goods vehicle or a trailer) which is being used on a journey to which regulations under subsection (1) above apply, and
(d)at any time which is reasonable having regard to the circumstances of the case enter any premises in which he has reason to believe that any document of a description specified in regulations under subsection (1) above is to be found and inspect and copy any such document which he finds there.
(3)If, without reasonable excuse, any person uses a goods vehicle or trailer in contravention of regulations under subsection (1) above he shall be liable on summary conviction to a fine not exceeding [F1level 4 on the standard scale].
(4)If the driver of a goods vehicle which is being used in such circumstances as are specified in subsection (2) above or the person in charge of, or the driver of a vehicle drawing, a trailer which is being so used—
(a)without reasonable excuse refuses or fails to comply with a requirement under subsection (2) above, or
(b)wilfully obstructs an examiner in the exercise of his powers under that subsection,
he shall be liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale].
(5)If any person (other than a person specified in subsection (4) above) wilfully obstructs an examiner in the exercise of his powers under paragraph (d) of subsection (2) above, he shall be liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale].
(6)For the purposes of this section a motor vehicle which for the time being has exhibited on it a licence or trade plates [F3issued under the Vehicle Excise and Registration Act 1994 shall] be presumed, unless the contrary is proved, to be registered in the United Kingdom
(7)Before making any regulations under subsection (1) above the Secretary of State shall consult with such representative organisations as he thinks fit, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)Any reference in this section to a person using a vehicle (whether a goods vehicle or a trailer) shall be construed as if this section were included in [F4the Goods Vehicles (Licensing of Operators) Act 1995] or, as the case may require, [F5the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010].
(9)In this section—
“examiner” means an examiner appointed under F6. . . F6[F7. . . [F8section 66A] of the Road Traffic Act 1988], an inspector appointed under section 37 of the Transport Act (Northern Ireland) 1967 or an inspector of vehicles, as defined in [F9Article 2(2) of the Road Traffic (Northern Ireland) Order 1981];
“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description;
“trailer” means a trailer so constructed or adapted;
and for the purposes of this subsection “motor vehicle” and “trailer” have the same meaning as [F10in the Road Traffic Act 1988] or, in Northern Ireland, the [F11Road Traffic (Northern Ireland) Order 1981].
Textual Amendments
F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F3Words in s. 1(6) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 8 (with s. 57(4)).
F4Words in s. 1(8) substituted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 7 (with ss. 54, 55); S.I. 1995/2181, art. 2
F5Words in s. 1(8) substituted (N.I.) (1.7.2012) by virtue of Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 3 para. 9; S.R. 2012/262, art. 2 (with arts. 4-6)
F6In s. 1(9): words from "section 56(1)" to "or" repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 83, 84(1), Sch. 8; S.I. 1992/1286, art. 2, Sch.
F7Words inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 13(a)
F8Words in s. 1(9) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107: 1), s. 48, Sch. 4 para. 10; S.I. 1992/1286, art. 2, Sch.
F9Words substituted by S.I. 1981/160, art. 5(a)
F10Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 13(b)
F11Words substituted by S.I. 1981/160, art. 5(b)