The Road Vehicles (Powers to Stop) Regulations 2011

• Citation: S.I. 2011/996
• Sections: 12

Section 1 Citation and commencement

These Regulations may be cited as the Road Vehicles (Powers to Stop) Regulations 2011 and come into force on the day after the day on which they are made.

Section 2 Amendment of the Road Traffic Act 1988

(1) The Road Traffic Act 1988 is amended as follows.

(2) After section 66A (appointment of examiners) insert—

Stopping officers

Appointment of stopping officers

(66B)

(1) The Secretary of State shall appoint such officers as the Secretary of State considers necessary for the purpose of exercising the powers conferred on them by—

(a) this Part of this Act;

(b) the Goods Vehicles (Licensing of Operators) Act 1995 ;

(c) the Public Passenger Vehicles Act 1981 ;

(d) the Transport Act 1968;

(e) any other enactment.

(2) An officer appointed under this section shall act under the general directions of the Secretary of State.

(3) The Secretary of State must not appoint a person under this section unless the Secretary of State is satisfied that—

(a) the person is a suitable person to exercise the powers of a stopping officer;

(b) the person is capable of effectively exercising those powers; and

(c) the person has received adequate training for the exercise of those powers.

(4) A power exercisable by virtue of an appointment under this section is exercisable only by a person wearing such uniform as may be determined or approved for the purposes of this section by the Secretary of State.

(5) In this Part “stopping officer” means an officer appointed under this section.

Stopping officers: offences

(66C)

(1) A person commits an offence if the person, with intent to deceive, impersonates a stopping officer or makes any statement or does any act calculated falsely to suggest that the person is a stopping officer.

(2) A person commits an offence if the person resists or wilfully obstructs a stopping officer who is exercising the powers of a stopping officer.

(3) In section 67 (testing of condition of vehicles on roads)—

(a) in subsection (3) at the beginning insert “Subject to subsection (3A)”;

(b) after that subsection insert—

(3A) A stopping officer may direct the driver of a vehicle to stop the vehicle for the purposes of a test if the vehicle appears to the officer to be one to which subsection (3B) could apply.

(3B) This subsection applies to motor vehicles and trailers defined in categories 1, 2 and 3 of Annex I to Directive 2009/40/ EC .

(c) in subsection (7)—

(i) for “a constable” substitute—

—

(a) a constable, or

(b) in the case of a vehicle to which subsection (3B) applies, a stopping officer,

(ii) for “he” in both places substitute “the constable or stopping officer”;

(d) in subsection (8)—

(i) for “a constable” substitute—

—

(a) a constable, or

(b) in the case of a vehicle to which subsection (3B) applies, a stopping officer,

(ii) for “he” substitute “the constable or stopping officer”;

(e) after subsection (9) insert—

(9A) In subsection (3B) “Directive 2009/40/EC ” means the Directive of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers.

(4) In section 79 (further provisions relating to weighing of motor vehicles)—

(a) before subsection (1) insert—

(A1) A stopping officer may direct the driver of a vehicle to stop the vehicle for the purpose of it being weighed under section 78 if the vehicle appears to the officer to be one to which subsection (A2) could apply.

(A2) This subsection applies to—

(a) motor vehicles in categories M 2 and M 3 and their trailers in category O;

(b) motor vehicles in categories N 2 and N 3 and their trailers in categories O 3 and O 4 ,

as defined in Annex II to Directive 2007/46/EC .

(b) at the end insert—

(6) In subsection (A2) “Directive 2007/46/EC ” means the Directive of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

(5) In section 86 (index to Part II), in the table, after the entry “Sold or supplied by retail” insert—

Stopping officer Section 66B

Section 3 Amendment of the Road Traffic Offenders Act 1988

(1) In the Road Traffic Offenders Act 1988 , Part 1 of Schedule 2 (offences under the Traffic Acts) is amended as follows.

(2) After the entry beginning “ RTA section 65A” insert—

RTA section 66C(1)

RTA section 66C(2)

Impersonating a stopping officer etc. with intent to deceive

Resisting or wilfully obstructing a stopping officer

Summarily

Summarily

Level 5 on the standard scale

One month or level 3 on the standard scale or both

Section 4 Amendment of the Transport Act 1968

(1) The Transport Act 1968 is amended as follows.

(2) After section 99ZF (power to seize documents) insert—

Power to stop

(99ZG)

(1) Subsection (2) applies if a vehicle appears to a stopping officer to be one to which this Part could apply.

(2) The officer may direct the driver to stop the vehicle for the purpose of enabling a Part 6 officer to exercise powers under this Part.

(3) In this section—

“Part 6 officer” means an officer as defined in section 99(8);

“stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.

Section 5 Amendment of the Public Passenger Vehicles Act 1981

(1) The Public Passenger Vehicles Act 1981 is amended as follows.

(2) After section 12A (detention of certain PSVs used without PSV operators’ licences) insert—

Power to stop

(12B)

(1) Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a PSV operator’s licence could be required.

(2) The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 12(1) or 18(1).

(3) In this section a “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.

Section 6 Amendment of the Goods Vehicles (Licensing of Operators) Act 1995

(1) The Goods Vehicles (Licensing of Operators) Act 1995 is amended as follows.

(2) After section 2A (detention of vehicle used without operator’s licence) insert—

Power to stop

(2B)

(1) Subsection (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that an operator’s licence could be required.

(2) The officer may direct the driver to stop the vehicle for the purpose of enabling checks to be carried out to establish whether the use of the vehicle is in contravention of section 2(1).

(3) In this section “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.

Section 7 Amendment of the Road Traffic (Northern Ireland) Order 1995

(1) The Road Traffic (Northern Ireland) Order 1995 is amended as follows.

(2) In Article 74 (appointment of examiners) after paragraph (4) insert—

(5) A person commits an offence if, for the purpose of directing the driver of a vehicle to stop the vehicle, the person, with intent to deceive, impersonates a vehicle examiner or makes any statement or does any act calculated falsely to suggest that the person is a vehicle examiner.

Section 8 Amendment of the Road Traffic Offenders (Northern Ireland) Order 1996

(1) In the Road Traffic Offenders (Northern Ireland) Order 1996 , Part 1 of Schedule 1 (offences under the Road Traffic Orders) is amended as follows.

(2) In the section entitled “Offences under the Order of 1995” after the entry beginning “Article 71” insert—

Section 9 Amendment of the Goods Vehicles (Community Authorisations) Regulations 1992

(1) The Goods Vehicles (Community Authorisations) Regulations 1992 are amended as follows.

(2) After regulation 7 (effect of failure to comply with conditions governing use of Community authorisation) insert—

Power to stop

(7A)

(1) Paragraph (2) applies if it appears to—

(a) in Great Britain, a stopping officer, or

(b) in Northern Ireland, a vehicle examiner,

that a vehicle is being used in circumstances such that a Community authorisation could be required.

(2) The stopping officer or vehicle examiner may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under regulation 3 or 7.

(3) In this regulation—

“stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988; and

“vehicle examiner” means an examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995.

(3) In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.

Section 10 Amendment of the Public Service Vehicles (Community Licences) Regulations 1999

(1) The Public Service Vehicles (Community Licences) Regulations 1999 are amended as follows.

(2) After regulation 7 (effect of failure to comply with conditions governing use of Community licences) insert—

Power to stop

(7A)

(1) Paragraph (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that a Community licence could be required by Article 3a(1) of the Council Regulation.

(2) The officer may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under regulation 3 or 7.

(3) In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.

(3) In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.

Section 11 Amendment of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999

(1) The Road Transport (Passenger Vehicles Cabotage) Regulations 1999 are amended as follows.

(2) After regulation 6 (appeals) insert—

Power to stop

(6A)

(1) Paragraph (2) applies if it appears to a stopping officer that a vehicle could be being used for the purpose of UK cabotage operations.

(2) The officer may direct the driver to stop the vehicle for the purpose of enabling an authorised inspecting officer to inspect the documents referred to in regulation 7.

(3) In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.

(3) In regulation 8 (authorised inspecting officers) after “Council Regulation” insert “and these Regulations”.

Section 12 Amendment of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

(1) The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are amended as follows.

(2) In regulation 11 (requirement to carry and produce evidence of CPC or of training exemption in vehicle)—

(a) after paragraph (5B) insert—

(5C) Paragraph (5D) applies if it appears to—

(a) in Great Britain, a stopping officer, or

(b) in Northern Ireland, a vehicle examiner,

that the vehicle a person is driving could be a relevant vehicle.

(5D) The stopping officer or vehicle examiner may direct the driver to stop the vehicle for the purpose of enabling a vehicle examiner to exercise the powers under paragraph (6).

(b) after paragraph (8) insert—

(9) In this regulation “stopping officer” means an officer appointed under section 66B of the 1988 Act.