§ 75 — Powers in relation to motor vehicles

75.—(1) An authorised officer may without warrant, do all or any of the following in relation to any motor vehicle which an authorised officer has reasonable grounds to believe that is charging or was recently charged with an EV charger:(a)

to stop and detain the motor vehicle for as long as is reasonably necessary for the exercise of any other power under this section;

(b)

inspect the motor vehicle and any equipment in or on the motor vehicle;

(c)

make a still or moving image or recording of the motor vehicle and any document or article or other thing in or on the motor vehicle;

(d)

inspect any document or article found on the motor vehicle and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article found on the motor vehicle if, in the opinion of the authorised officer —(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate any electronic equipment in or on the motor vehicle;

(g)

seize and take it to a holding yard, any EV charger found in or on the motor vehicle that is or the officer reasonably believes to be —(i)

neither of a homologated model nor a specially authorised EV charger; or

(ii)

the subject matter or used in the commission of an offence under this Act,

or require the owner or person in charge of the EV charger to take the EV charger to and surrender it at a specified holding yard;

(h)

take into or onto the premises any equipment and materials that the authorised officer requires for the purpose of exercising powers in this section in relation to the motor vehicle.

(2) Section 74(3), (4) and (5) applies to the power of an authorised officer under this section with the necessary modifications.

(3) An authorised officer may be accompanied by a number of outsourced enforcement officers as is reasonably necessary for a purpose in subsection (1)(b), (c) or (d).

—(1) An authorised officer may without warrant, do all or any of the following in relation to any motor vehicle which an authorised officer has reasonable grounds to believe that is charging or was recently charged with an EV charger:(a)

to stop and detain the motor vehicle for as long as is reasonably necessary for the exercise of any other power under this section;

(b)

inspect the motor vehicle and any equipment in or on the motor vehicle;

(c)

make a still or moving image or recording of the motor vehicle and any document or article or other thing in or on the motor vehicle;

(d)

inspect any document or article found on the motor vehicle and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article found on the motor vehicle if, in the opinion of the authorised officer —(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate any electronic equipment in or on the motor vehicle;

(g)

seize and take it to a holding yard, any EV charger found in or on the motor vehicle that is or the officer reasonably believes to be —(i)

neither of a homologated model nor a specially authorised EV charger; or

(ii)

the subject matter or used in the commission of an offence under this Act,

or require the owner or person in charge of the EV charger to take the EV charger to and surrender it at a specified holding yard;

(h)

take into or onto the premises any equipment and materials that the authorised officer requires for the purpose of exercising powers in this section in relation to the motor vehicle.

(2) Section 74(3), (4) and (5) applies to the power of an authorised officer under this section with the necessary modifications.

(3) An authorised officer may be accompanied by a number of outsourced enforcement officers as is reasonably necessary for a purpose in subsection (1)(b), (c) or (d).