The Road Vehicles (Construction and Use) Regulations 1986

Testing and Inspection

74.—(1) Subject to the conditions specified in paragraph (2), the following persons are hereby empowered to test and inspect the brakes, silencers, steering gear and tyres of any vehicle, on any premises where that vehicle is located—

(a) a police constable in uniform;

(b) a person appointed by the Commissioner of Police of the Metropolis to inspect public carriages for the purpose of the Metropolitan Public Carriage Act 1869;

(c) a person appointed by the police authority for a police area to act for the purposes of section 53 of the 1972 Act;

(d) a goods vehicle examiner as defined in section 56 of the 1972 Act;

(e) a certifying officer as defined in section 7(1) of the 1981 Act; and

(f) a public service vehicle examiner appointed as mentioned in section 7(2) of the 1981 Act.

(2) Those conditions are—

(a) any person empowered as there mentioned shall produce his authorisation if required to do so;

(b) no such person shall enter any premises unless the consent of the owner of those premises has first been obtained;

(c) no such person shall test or inspect any vehicle on any premises unless—

(i) the owner of the vehicle consents thereto;

(ii) notice has been given to that owner personally or left at his address not less than 48 hours before the time of the proposed test or inspection, or has been sent to him at least 72 hours before that time by the recorded delivery service to his address last known to the person giving the notice; or

(iii) the test or inspection is made within 48 hours of an accident to which section 25 of the 1972 Act applies and in which the vehicle was involved.

(3) For the purposes of this regulation, the owner of the vehicle shall be deemed to be in the case of a vehicle—

(a) which is for the time being registered under the 1971 Act, and is not being used under a trade licence under that Act the person appearing as the owner of the vehicle in the register kept by the Secretary of State under that Act;

(b) used under a trade licence, the holder of the licence; or

(c) exempt from excise duty by virtue of the Motor Vehicles (International Circulation) Order 1975, the person resident outside the United Kingdom who has brought the vehicle into Great Britain;

and in cases (a) and (b) the address of the owner as shown on the said register or, as the case may be, on the licence may be treated as his address.