rules for roadside vehicle inspections
Discussion
What is the law regarding a policeman's right to inspect a vehicle?
My Mum is a non-stipendary magistrate (i.e. she has no legal expertise but relies on her clerks) and she recently told me that a copper has no right to perform an inspection for, say, legal tyre tread, unless you consent. They can require you to take the vehicle to an inspection centre, but they cannot force you to submit to an inspection of the vehicle there and then. Does anyone know if this is true?
A related question is what are the rules about searching the interior of a vehicle? This might be relevant for those pulled over with soon-to-be-illegal radar detectors.
cheers,
Duncan
My Mum is a non-stipendary magistrate (i.e. she has no legal expertise but relies on her clerks) and she recently told me that a copper has no right to perform an inspection for, say, legal tyre tread, unless you consent. They can require you to take the vehicle to an inspection centre, but they cannot force you to submit to an inspection of the vehicle there and then. Does anyone know if this is true?
A related question is what are the rules about searching the interior of a vehicle? This might be relevant for those pulled over with soon-to-be-illegal radar detectors.
cheers,
Duncan
I dont believe they do need a reason to stop you at the roadside, and even if they did, come on, we all know they will make one up...
As for inspecting the car, i guess they will ask you fierst and like anything, if you are suspected of using an illegal device, i reckon they can arrest you on suspision of using one then obtain the relavent paperwork, ie a warrent.
Just a guess though
Jon
As for inspecting the car, i guess they will ask you fierst and like anything, if you are suspected of using an illegal device, i reckon they can arrest you on suspision of using one then obtain the relavent paperwork, ie a warrent.
Just a guess though
Jon
Basically she is right Duncan.
In a nut shell only Officers authorised by their Chief Constable can test a mv on a road in relation to brakes, tyres, silencers etc. (there are others so authorised, eg VOSA)
If driver consents then test goes ahead. Remember that if it's a defect that is visible without inspection, ie rip in tyre wall, then any officer can report.
Driver, if owner can elect for a deferred test and specify date in seven day period within next 30 days and specify premises or area for test. If date specified then examiner has to give 2 days notice of actual test, if not then examiner gives 7 days notice of intended test. Likewise if no venue specified, examiner notifies venue..
All very involved and avenues for a bit of hokery pokery BUT if the examiner is of the opinion that it ought not to proceed without a test being carried out because the vehicle is so defective then he can test forthwith. OR if the vehicle has been involved in an RTA and requsite that test should be done straightaway, may hold and do test and if he cannot do the test, prevent the vehicle from being taken away until test done.
[Road Traffic Act 1988, S 67 and Schedule 2]
As to search, believe much has been discussed on here before in past posts. Sufficient to say that there are a number of Acts, PACE, CJ and Public Order Act, Terrorism Act etc. for a vehicle to be searched dependent on the circumstances appertaining at the time of the stop.
Interesting to note that in Rice v Connolly [1966] High Court held that there was no exhaustive list of police Powers and they are entitled to take action that is reasonable in the circumstances in preventing and detecting crime.
DVD
In a nut shell only Officers authorised by their Chief Constable can test a mv on a road in relation to brakes, tyres, silencers etc. (there are others so authorised, eg VOSA)
If driver consents then test goes ahead. Remember that if it's a defect that is visible without inspection, ie rip in tyre wall, then any officer can report.
Driver, if owner can elect for a deferred test and specify date in seven day period within next 30 days and specify premises or area for test. If date specified then examiner has to give 2 days notice of actual test, if not then examiner gives 7 days notice of intended test. Likewise if no venue specified, examiner notifies venue..
All very involved and avenues for a bit of hokery pokery BUT if the examiner is of the opinion that it ought not to proceed without a test being carried out because the vehicle is so defective then he can test forthwith. OR if the vehicle has been involved in an RTA and requsite that test should be done straightaway, may hold and do test and if he cannot do the test, prevent the vehicle from being taken away until test done.
[Road Traffic Act 1988, S 67 and Schedule 2]
As to search, believe much has been discussed on here before in past posts. Sufficient to say that there are a number of Acts, PACE, CJ and Public Order Act, Terrorism Act etc. for a vehicle to be searched dependent on the circumstances appertaining at the time of the stop.
Interesting to note that in Rice v Connolly [1966] High Court held that there was no exhaustive list of police Powers and they are entitled to take action that is reasonable in the circumstances in preventing and detecting crime.
DVD
Dwight VanDriver said:
Remember that if it's a defect that is visible without inspection, ie rip in tyre wall, then any officer can report.
That's an interesting one. How does that relate to, say, tread depth?
If an officer suspects a tyre is below the minimum tread depth (but it's not so bald as to be blatently obvious) is he allowed to use a tread depth guage? Or does that count as "inspection", and must be done by prior appointment?
Test/Inspect KD is not defined KD and is therefore open to various interpretations and eventually up to the Mags etc to decide.
What I was trying to show was that if a tyre has a cut in the side wall or that bald canvas showing through then the evidence is there to report without testing. If one has to go to Tread Depth Guage to check then there is in the realms of a test/inspection.
DVD
What I was trying to show was that if a tyre has a cut in the side wall or that bald canvas showing through then the evidence is there to report without testing. If one has to go to Tread Depth Guage to check then there is in the realms of a test/inspection.
DVD
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