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1 Power in certain cases to prohibit driving of foreign vehicle.E+W+S

(1)The provisions of this section shall have effect with respect to any foreign goods vehicle or foreign public service vehicle where—

(a)an examiner [F1or an authorised inspector] exercises, in relation to the vehicle or its driver, any functions of the examiner [F2or authorised inspector] under an enactment [F3or instrument] specified in the first column of Schedule 1 to this Act, or [F4any functions of the authorised inspecting officer under [F5[F6a provision of [F7assimilated direct] legislation] specified in that column, or]

(b)an authorised person exercises, in relation to the vehicle, any functions of that person under [F8sections 78 and 79 of the Road Traffic Act 1988] (weighing of motor vehicles).

(2)If in any such a case as is mentioned in subsection (1)(a) of this section—

(a)the driver obstructs the examiner [F2or authorised inspector]in the exercise of his functions under the enactment [F3or instrument] in question, or refuses, neglects or otherwise fails to comply with any requirement made by the examiner under that enactment [F3or instrument], or

(b)it appears to the examiner [F2or authorised inspector] that, in relation to the vehicle or its driver, there has been a contravention of any of the enactments or instruments specified in the first column of Schedule 2 to this Act, or that there will be such a contravention if the vehicle is driven on a road,

the examiner [F2or authorised inspector] may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose, and either for a specified period or without any limitation of time.

(3)If in any such case as is mentioned in subsection (1)(b) of this section—

(a)the driver obstructs the authorised person in the exercise of his functions under [F9the said sections 78 and 79], or refuses, neglects or otherwise fails to comply with any requirement made by the authorised person under [F9those sections], or

(b)it appears to the authorised person that any limit of weight applicable to the vehicle by virtue of regulations made under [F10section 41 of the Road Traffic Act 1988]has been exceeded, or will be exceeded if the vehicle is driven on a road,

the authorised person may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose.

(4)Where an examiner [F1or an authorised inspector] or an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.

(5)Where a prohibition is imposed under subsection (2) or subsection (3) of this section, the examiner [F2or authorised inspector] or authorised person shall forthwith give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a) or paragraph (b) of either of those subsections) in consequence of which the prohibition is imposed, and—

(a)stating whether the prohibition is on all driving of the vehicle or only on driving it for a specified purpose (and, if the latter, specifying the purpose), and

(b)where the prohibition is imposed under subsection (2) of this section, also stating whether it is imposed only for a specified period (and, if so, specifying the period) or without limitation of time;

and any direction under subsection (4) of this section may be given either in that notice or in a separate notice in writing given to the driver of the vehicle.

[F11(6)In the case of a goods vehicle—

(a) a prohibition under subsection (2)( b ) above, by reference to a supposed contravention of [F12 section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc ) or regulations under section 41 of that Act (construction, weight, equipment etc. of motor vehicles and trailers), ] may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at an official testing station;

(b)a prohibition imposed under subsection (3) above may be against driving the vehicle on a road until the weight has been reduced and official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.

(7) Official notification for the purposes of subsection (6)( b ) above must be in writing and be given by an authorised person and may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced. ]]

Textual Amendments

F1Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(4)(a), 76(2)

F2Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(4)(b), 76(2)

F3Words inserted by S.I. 1984/748, reg. 22(2)

F4Words in s. 1(1)(a) added (11.6.1999) by S.I. 1999/1322, reg. 13(1)

F12Words in S. 1(6)(a) substituted (1.7.1992) for s. 1(6)(a)(i)(ii)(iii) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 6; S.I. 1992/1286, art. 2, Sch.