International Road Haulage Permits Act 1975
| Year | 1975 |
International Road HaulagePermits Act 1975
1975 CHAPTER 46
An Act to make further provision with respect to the forgery, carriage and production of licences, permits, authorisations and other documents relating to the international carriage of goods by road; and for purposes connected therewith.
[1st August 1975]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Carriage on United Kingdom vehicle, and production, of international road haulage permits.
(1) The Secretary of State may by regulations made by statutory instrument provide that—
(a ) a goods vehicle registered in the United Kingdom, or
(b ) a trailer drawn by a vehicle registered in the United Kingdom, or
(c ) an unattached trailer which is for the time being in the United Kingdom,
may not be used on a journey to which the regulations apply, being a journey—
(i) for or in connection with the carriage or haulage of goods either for hire or reward or for or in connection with any trade or business carried on by the user of the vehicle, and
(ii) either between a place in the United Kingdom and a place outside the United Kingdom or, if the journey passes through any part of the United Kingdom, between places both of which are outside the United Kingdom,
unless a document of a description specified in the regulations is carried on the vehicle or, in the case of a trailer, is carried either on the vehicle drawing it or by a person in charge of it.
(2) If it appears to an examiner that a goods vehicle registered in the United Kingdom or a trailer is being used in such circumstances that, by virtue of regulations under subsection (1) above, a document of a description specified in the regulations is required to be carried as mentioned in that subsection he may, on production if so required of his authority,—
(a ) require the driver of the goods vehicle concerned or, in the case of a trailer, the driver of the vehicle drawing it or the person in charge of it to produce a document of the description in question and to permit the examiner to inspect and copy it,
(b ) detain the goods vehicle or trailer concerned for such time as is requisite for the purpose of inspecting and copying the document,
(c ) at any time which is reasonable having regard to the circumstances of the case enter any premises on which he has reason to believe that there is kept a vehicle (whether a goods vehicle or a trailer) which is being used on a journey to which regulations under subsection (1) above apply, and
(d ) at any time which is reasonable having regard to the circumstances of the case enter any premises in which he has reason to believe that any document of a description specified in regulations under subsection (1) above is to be found and inspect and copy any such document which he finds there.
(3) If, without reasonable excuse, any person uses a goods vehicle or trailer in contravention of regulations under subsection (1) above he shall be liable on summary conviction to a fine not exceeding 200.
(4) If the driver of a goods vehicle which is being used in such circumstances as are specified in subsection (2) above or the person in charge of, or the driver of a vehicle drawing, a trailer which is being so used—
(a ) without reasonable excuse refuses or fails to comply with a requirement under subsection (2) above, or
(b ) wilfully obstructs an examiner in the exercise of his powers under that subsection,
he shall be liable on summary conviction to a fine not exceeding 100.
(5) If any person (other than a person specified in subsection (4) above) wilfully obstructs an examiner in the exercise of his powers under paragraph (d ) of subsection (2) above, he shall be liable on summary conviction to a fine not exceeding 100.
(6) For the purposes of this section a motor vehicle which for the time being has exhibited on it a licence or trade plates issued—
(a ) under the Vehicles (Excise) Act 1971 or under an enactment repealed by that Act, or
(b ) under the Vehicles (Excise) Act (Northern Ireland) 1972 or under any enactment of the Parliament of Northern Ireland repealed by that Act,
shall be presumed, unless the contrary is proved, to be registered in the United Kingdom.
(7) Before making any regulations under subsection (1) above the Secretary of State shall consult with such representative organisations as he thinks fit, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) Any reference in this section to a person using a vehicle (whether a goods vehicle or a trailer) shall be construed as if this section were included in Part V of the Transport Act 1968 or, as the case may require, Part III of the Transport Act (Northern Ireland) 1967 (operators' licences etc.).
(9) In this section—
‘examiner’ means an examiner appointed under section 56(1) of the Road Traffic Act 1972 , an inspector appointed under section 37 of the Transport Act (Northern Ireland) 1967 or an inspector of vehicles, as defined in section 190(1) of the Road Traffic Act (Northern Ireland) 1970 ;
‘goods vehicle’ means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description;
‘trailer’ means a trailer so constructed or adapted;
and for the purposes of this subsection ‘motor vehicle’ and ‘trailer’ have the same meaning as in the Road Traffic Act 1972 or, in Northern Ireland, the Road Traffic Act (Northern Ireland) 1970.
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