1 Power in certain cases to prohibit driving of foreign vehicle.
(1) The provisions of this section shall have effect with respect to any foreign goods vehicle or foreign public service vehicle where—
(a) an examiner or an authorised inspector exercises, in relation to the vehicle or its driver, any functions of the examiner or authorised inspector under an enactment or instrument specified in the first column of Schedule 1 to this Act, or any functions of the authorised inspecting officer under a provision of assimilated direct legislation specified in that column, or
Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(4)(a), 76(2)
Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(4)(b), 76(2)
Words inserted by S.I. 1984/748, reg. 22(2)
Words in s. 1(1)(a) added (11.6.1999) by S.I. 1999/1322, reg. 13(1)
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
Words in s. 1(1)(a) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 47; 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 1(1)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 7
(b) an authorised person exercises, in relation to the vehicle, any functions of that person under sections 78 and 79 of the Road Traffic Act 1988 (weighing of motor vehicles).
Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 9(1)(a)
(2) If in any such a case as is mentioned in subsection (1)(a) of this section—
(a) the driver obstructs the examiner or authorised inspectorin the exercise of his functions under the enactment or instrument in question, or refuses, neglects or otherwise fails to comply with any requirement made by the examiner under that enactment or instrument, or
(b) it appears to the examiner or authorised inspector that, in relation to the vehicle or its driver, there has been a contravention of any of the enactments or instruments specified in the first column of Schedule 2 to this Act, or that there will be such a contravention if the vehicle is driven on a road,
the examiner or authorised inspector may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose, and either for a specified period or without any limitation of time.
(3) If in any such case as is mentioned in subsection (1)(b) of this section—
(a) the driver obstructs the authorised person in the exercise of his functions under the said sections 78 and 79, or refuses, neglects or otherwise fails to comply with any requirement made by the authorised person under those sections, or
Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 9(1)(b)(i)
(b) it appears to the authorised person that any limit of weight applicable to the vehicle by virtue of regulations made under section 41 of the Road Traffic Act 1988has been exceeded, or will be exceeded if the vehicle is driven on a road,
Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 9(1)(b)(ii)
the authorised person may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose.
(4) Where an examiner or an authorised inspector or an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.
(5) Where a prohibition is imposed under subsection (2) or subsection (3) of this section, the examiner or authorised inspector or authorised person shall forthwith give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a) or paragraph (b) of either of those subsections) in consequence of which the prohibition is imposed, and—
(a) stating whether the prohibition is on all driving of the vehicle or only on driving it for a specified purpose (and, if the latter, specifying the purpose), and
(b) where the prohibition is imposed under subsection (2) of this section, also stating whether it is imposed only for a specified period (and, if so, specifying the period) or without limitation of time;
and any direction under subsection (4) of this section may be given either in that notice or in a separate notice in writing given to the driver of the vehicle.
(6) In the case of a goods vehicle—
(a) a prohibition under subsection (2)( b ) above, by reference to a supposed contravention of section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc ) or regulations under section 41 of that Act (construction, weight, equipment etc. of motor vehicles and trailers), may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official testing station;
Words in S. 1(6)(a) substituted (1.7.1992) for s. 1(6)(a)(i)(ii)(iii) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 6; S.I. 1992/1286, art. 2, Sch.
(b) a prohibition imposed under subsection (3) above may be against driving the vehicle on a road until the weight has been reduced and official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.
S. 1(6)(7) added by Transport Act 1978 (c. 55, SIF 126), s. 9(1), Sch. 3 para. 8
(7) Official notification for the purposes of subsection (6)( b ) above must be in writing and be given by an authorised person and may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.