(1)The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer powers on persons specified in, or determined in accordance with, the regulations for or in connection with examining a motor vehicle for ascertaining—
(a)whether any document required to be displayed while the motor vehicle is on a road in respect of which charges are imposed is so displayed,
(b)whether any equipment required to be carried in or fitted to the motor vehicle while the motor vehicle is on such a road is carried or fitted, is in proper working order
[F1(bb)whether any such equipment, or the functioning of any such equipment, has been interfered with with intent to avoid payment of a charge, or to avoid any person being identified as having failed to pay a charge, or]
(c)whether any conditions relating to the use of any such equipment are satisfied.
(2)The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—
(a)any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with [F2, or the functioning of any such equipment has been interfered with,] with intent to avoid payment of, or [F3to avoid any person] being identified as having failed to pay, a charge imposed by the charging scheme, or
(b)there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or [F4to avoid any person] being identified as having failed to pay, such a charge.
(3)A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).
(4)A person guilty of an offence under subsection (3) is liable on summary conviction to—
(a)a fine not exceeding level 5 on the standard scale, or
(b)imprisonment for a term not exceeding six months,
or to both.
(5)The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 173(5) or (6).
(6)A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.
Textual Amendments
F1Words in s. 174(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(a), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
F2Words in s. 174(2)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(b), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
F3Words in s. 174(2)(a) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
F4Words in s. 174(2)(b) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), ss. 115(2)(c), 134(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(p)
Modifications etc. (not altering text)
C1S. 174 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 46(3) (with art. 51, Sch. 10 paras. 68, 85)
Commencement Information
I1S. 174 partly in force; s. 174 not in force at Royal Assent see s. 275(1)(2); s. 174 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); s. 174(1)(2)(5) wholly in force and s. 174(3)(4)(6) in force for specified purposes (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 paras. 13, 14