PART 2Amendments to primary legislation
Amendment of the Road Traffic Act 1988
2.—(1) The Road Traffic Act 1988(1) is amended as follows.
(2) After section 66A (appointment of examiners) insert—
“Stopping officers
66B Appointment of stopping officers
(1) The Secretary of State shall appoint such officers as the Secretary of State considers necessary for the purpose of exercising the powers conferred on them by—
(a)this Part of this Act;
(b)the Goods Vehicles (Licensing of Operators) Act 1995(2);
(c)the Public Passenger Vehicles Act 1981(3);
(d)the Transport Act 1968;
(e)any other enactment.
(2) An officer appointed under this section shall act under the general directions of the Secretary of State.
(3) The Secretary of State must not appoint a person under this section unless the Secretary of State is satisfied that—
(a)the person is a suitable person to exercise the powers of a stopping officer;
(b)the person is capable of effectively exercising those powers; and
(c)the person has received adequate training for the exercise of those powers.
(4) A power exercisable by virtue of an appointment under this section is exercisable only by a person wearing such uniform as may be determined or approved for the purposes of this section by the Secretary of State.
(5) In this Part “stopping officer” means an officer appointed under this section.
66C Stopping officers: offences
(1) A person commits an offence if the person, with intent to deceive, impersonates a stopping officer or makes any statement or does any act calculated falsely to suggest that the person is a stopping officer.
(2) A person commits an offence if the person resists or wilfully obstructs a stopping officer who is exercising the powers of a stopping officer.”.
(3) In section 67 (testing of condition of vehicles on roads)—
(a)in subsection (3) at the beginning insert “Subject to subsection (3A)”;
(b)after that subsection insert—
“(3A) A stopping officer may direct the driver of a vehicle to stop the vehicle for the purposes of a test if the vehicle appears to the officer to be one to which subsection (3B) could apply.
(3B) This subsection applies to motor vehicles and trailers defined in categories 1, 2 and 3 of Annex I to Directive 2009/40/EC(4).”;
(c)in subsection (7)—
(i)for “a constable” substitute—
“—
(a)a constable, or
(b)in the case of a vehicle to which subsection (3B) applies, a stopping officer,”;
(ii)for “he” in both places substitute “the constable or stopping officer”;
(d)in subsection (8)—
(i)for “a constable” substitute—
“—
(a)a constable, or
(b)in the case of a vehicle to which subsection (3B) applies, a stopping officer,”;
(ii)for “he” substitute “the constable or stopping officer”;
(e)after subsection (9) insert—
“(9A) In subsection (3B) “Directive 2009/40/EC” means the Directive of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers.”.
(4) In section 79 (further provisions relating to weighing of motor vehicles)—
(a)before subsection (1) insert—
“(A1) A stopping officer may direct the driver of a vehicle to stop the vehicle for the purpose of it being weighed under section 78 if the vehicle appears to the officer to be one to which subsection (A2) could apply.
(A2) This subsection applies to—
(a)motor vehicles in categories M2 and M3 and their trailers in category O;
(b)motor vehicles in categories N2 and N3 and their trailers in categories O3 and O4,
as defined in Annex II to Directive 2007/46/EC(5).”;
(b)at the end insert—
“(6) In subsection (A2) “Directive 2007/46/EC” means the Directive of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.”.
(5) In section 86 (index to Part II), in the table, after the entry “Sold or supplied by retail” insert—
“Stopping officer Section 66B”.
Amendment of the Road Traffic Offenders Act 1988
3.—(1) In the Road Traffic Offenders Act 1988(6), Part 1 of Schedule 2 (offences under the Traffic Acts) is amended as follows.
(2) After the entry beginning “RTA section 65A” insert—
“RTA section 66C(1) RTA section 66C(2) | Impersonating a stopping officer etc. with intent to deceive Resisting or wilfully obstructing a stopping officer | Summarily Summarily | Level 5 on the standard scale One month or level 3 on the standard scale or both” |
Amendment of the Transport Act 1968
4.—(1) The Transport Act 1968(7) is amended as follows.
(2) After section 99ZF (power to seize documents) insert—
“99ZG Power to stop
(1) Subsection (2) applies if a vehicle appears to a stopping officer to be one to which this Part could apply.
(2) The officer may direct the driver to stop the vehicle for the purpose of enabling a Part 6 officer to exercise powers under this Part.
(3) In this section—
“Part 6 officer” means an officer as defined in section 99(8);
“stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.”.
Amendment of the Public Passenger Vehicles Act 1981
5.—(1) The Public Passenger Vehicles Act 1981(8) is amended as follows.
(2) After section 12A (detention of certain PSVs used without PSV operators’ licences) insert—
“12B Power to stop
(1) Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a PSV operator’s licence could be required.
(2) The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 12(1) or 18(1).
(3) In this section a “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.”.
Amendment of the Goods Vehicles (Licensing of Operators) Act 1995
6.—(1) The Goods Vehicles (Licensing of Operators) Act 1995(9) is amended as follows.
(2) After section 2A (detention of vehicle used without operator’s licence) insert—
“Power to stop
2B—(1) Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that an operator’s licence could be required.
(2) The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 2(1).
(3) In this section “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.”.
Amendment of the Road Traffic (Northern Ireland) Order 1995
7.—(1) The Road Traffic (Northern Ireland) Order 1995(10) is amended as follows.
(2) In Article 74 (appointment of examiners) after paragraph (4) insert—
“(5) A person commits an offence if, for the purpose of directing the driver of a vehicle to stop the vehicle, the person, with intent to deceive, impersonates a vehicle examiner or makes any statement or does any act calculated falsely to suggest that the person is a vehicle examiner.”.
Amendment of the Road Traffic Offenders (Northern Ireland) Order 1996
8.—(1) In the Road Traffic Offenders (Northern Ireland) Order 1996(11), Part 1 of Schedule 1 (offences under the Road Traffic Orders) is amended as follows.
(2) In the section entitled “Offences under the Order of 1995” after the entry beginning “Article 71” insert—
| “Article 74(5) | Impersonating a vehicle examiner etc. with intent to deceive | Summarily | Level 5 on the standard scale” |
1988 c.52. Section 66A was inserted by the Road Traffic Act 1991, section 9(1).
OJ No. L141, 6.6.2009, p.12.
OJ No. L263, 9.10.2007, p.1.
1988 c.53. In Part 1 of Schedule 2, the entry relating to RTA section 65A was inserted by S.I. 1992/3107, regulation 16, Schedule 2, paragraph 7.
1968 c.73. Sections 99ZA to 99ZF were inserted by S.I. 2005/1904, regulation 6.
1981 c.14. Section 12A was inserted by the Local Transport Act 2008, section 47(1).
1995 c.23. Section 2A was inserted by the Transport Act 2000, section 262(1).