PART 4Haulage between two points in the EU

Production of posting declaration and inspection of vehicles25

1

An examiner may exercise the powers under this regulation in relation to a goods vehicle if it appears to the examiner that—

a

the vehicle has been used on a journey to which regulation 20(1) applies and that the limit on journeys set out in regulation 21 has not been complied with,

b

the vehicle has been used on a journey to which regulation 20(2) applies and that the condition in regulation 22(1)(a) has not been satisfied, or

c

the vehicle is being used on a relevant journey.

2

The examiner may—

a

inspect the vehicle for the purpose of checking that the use of the vehicle on the relevant journey does not, or did not, breach regulation 20(1) or (2);

b

require the driver of a vehicle being used on a journey to which regulation 20(2) applies to produce a copy of the posting declaration that is carried on the vehicle and allow the examiner to inspect and copy it.

3

The examiner may detain the vehicle for the purpose of—

a

exercising powers under paragraph (2), or

b

taking other steps to check that the use of the vehicle on the relevant journey does not, or did not, breach regulation 20(1) or (2).

4

Before exercising a power under this regulation an examiner must, if requested to do so, produce evidence of the examiner’s authority.

5

In this regulation “relevant journey” means a journey to which regulation 20(1) applies.