Road Traffic (Foreign Vehicles) Act 1972

1 Power in certain cases to prohibit driving of foreign vehicle

(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 exercises, in relation to the vehicle or its driver, any functions of the examiner under an enactment specified in the first column of Schedule 1 to this Act, or

(b) an authorised person exercises, in relation to the vehicle, any functions of that person under section 160 of the [1972 c. 20.] Road Traffic Act 1972 (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 in the exercise of his functions under the enactment in question, or refuses, neglects or otherwise fails to comply with any requirement made by the examiner under that enactment, or

(b) it appears to the examiner 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 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 the said section 160, or refuses, neglects or otherwise fails to comply with any requirement made by the authorised person under that section, or

(b) it appears to the authorised person that any limit of weight applicable to the vehicle by virtue of regulations made under section 40 of the [1972 c. 20.] Road Traffic Act 1972 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 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 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.