A transport examiner investigating compliance with the drivers hours regulations was allowed to remove records from an office for examination, and a company refusing him to be allowed to do that committed an offence. Where removal was necessary, whether because of the number of documents or the absence of adequate copying facilities, an examiner must be allowed to remove papers. The provision allowing the inspector to give ten days notice did not exclude the possibility of allowing less notice.
Judges:
Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead, Lord Hutton and Lord Scott of Foscote
Citations:
Times 28-Nov-2001, Gazette 24-Jan-2002, [2001] UKHL 60, [2002] RTR 8, [2001] 1 WLR 2288, [2002] 1 All ER 595, (2002) 166 JPN 550, (2002) 166 JP 423
Links:
Statutes:
Transport Act 1968 99 (1)(bb), Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 (SI 1979 No 1746), Community Drivers’ Hours and Recording Equipment Regulations 1986 (SI 1986 No 1457)
Jurisdiction:
England and Wales
Citing:
Appeal from – Cantabrica Coach Holdings Ltd v Vehicle Inspectorate Admn 31-Mar-2000
Even though no underlying offence was suspected, the owner of tachograph records was required to hand them over to the inspector for inspection off the premises if necessary. An offer to allow inspection, but only at the record keeper’s offices was . .
Lists of cited by and citing cases may be incomplete.
Transport, Road Traffic, Criminal Practice
Updated: 04 June 2022; Ref: scu.166875