The Road Vehicles (Powers to Stop) Regulations 2011

PART 3 Amendments to subordinate legislation

Amendment of the Goods Vehicles (Community Authorisations) Regulations 1992

9.—(1) The Goods Vehicles (Community Authorisations) Regulations 1992(1) are amended as follows.

(2) After regulation 7 (effect of failure to comply with conditions governing use of Community authorisation) insert—

“7A    Power to stop

(1) Paragraph (2) applies if it appears to—

(a) in Great Britain, a stopping officer, or

(b) in Northern Ireland, a vehicle examiner,

that a vehicle is being used in circumstances such that a Community authorisation could be required.

(2) The stopping officer or vehicle examiner may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under regulation 3 or 7.

(3) In this regulation—

“stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988; and

“vehicle examiner” means an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995.”.

(3) In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.

Amendment of the Public Service Vehicles (Community Licences) Regulations 1999

10.—(1) The Public Service Vehicles (Community Licences) Regulations 1999(2) are amended as follows.

(2) After regulation 7 (effect of failure to comply with conditions governing use of Community licences) insert—

“7A    Power to stop

(1) Paragraph (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a Community licence could be required by Article 3a(1) of the Council Regulation.

(2) The officer may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under regulation 3 or 7.

(3) In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.”.

(3) In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.

Amendment of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999

11.—(1) The Road Transport (Passenger Vehicles Cabotage) Regulations 1999(3) are amended as follows.

(2) After regulation 6 (appeals) insert—

“6A    Power to stop

(1) Paragraph (2) applies if it appears to a stopping officer that a vehicle could be being used for the purpose of UK cabotage operations.

(2) The officer may direct the driver to stop the vehicle for the purpose of enabling an authorised inspecting officer to inspect the documents referred to in regulation 7.

(3) In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.”.

(3) In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.

Amendment of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

12.—(1) The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(4) are amended as follows.

(2) In regulation 11 (requirement to carry and produce evidence of CPC or of training exemption in vehicle)—

(a) after paragraph (5B) insert—

“(5C) Paragraph (5D) applies if it appears to—

(a) in Great Britain, a stopping officer, or

(b) in Northern Ireland, a vehicle examiner,

that the vehicle a person is driving could be a relevant vehicle.

(5D) The stopping officer or vehicle examiner may direct the driver to stop the vehicle for the purpose of enabling a vehicle examiner to exercise the powers under paragraph (6).”;

(b) after paragraph (8) insert—

“(9) In this regulation “stopping officer” means an officer appointed under section 66B of the 1988 Act.”.

(1)

S.I. 1992/3077, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1999/1322, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1999/3413, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2007/605, amended by S.I. 2008/1965; there are other amending instruments but none is relevant.