Road Traffic (Administration) Act 2008

In this section —

premises at or from which an involved person carries on business relating to road transport; or

premises that are occupied by an involved person in connection with a business relating to road transport; or

premises that are a registered office of an involved person in connection with a business relating to road transport; or

a base, as defined in the Road Traffic (Vehicles) Act 2012 section 3(1), of the driver of a vehicle; or

premises where records required to be kept under the Road Traffic (Vehicles) Act 2012 Part 4 (including any regulation made, or requirement imposed, under or for the purposes of that Part) are located or where any such records are required to be located.

A police officer may inspect premises for MDLR compliance purposes.

A police officer may enter premises for the purpose of conducting an inspection under this section.

Without limiting the above, a police officer may inspect, or enter and inspect, any vehicle at premises being inspected under this section.

An inspection under this section may be made —

at any time with the consent of the occupier of the premises; or

if a business is carried on at the premises — at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without the consent of the occupier of the premises.

A police officer must not exercise the power to enter and inspect premises mentioned in subsection (5)(b) without the consent of the occupier unless the police officer reasonably believes that the premises are attended.

A police officer must not exercise the power to enter and inspect premises mentioned in subsection (5)(b) without the consent of the occupier if the premises are, or any part of premises is, used predominantly for residential purposes.

The power to inspect premises under this section includes —

the power to inspect and take copies of or extracts from any records located at the premises and required to be kept under the Road Traffic (Vehicles) Act 2012 Part 4 (including any regulation made, or requirement imposed, under or for the purposes of that Part); and

the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained under the Road Traffic (Vehicles) Act 2012 Part 4 (including any regulation made, or requirement imposed, under or for the purposes of that Part) and to inspect and take copies of or extracts from any readout or other data obtained from any such device; and

the power to exercise with respect to a vehicle located at the premises any powers that may be exercised during an inspection of a vehicle under section 52(5); and

the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material.

This section does not authorise the use of force, but a police officer may, in the exercise of powers under this section —

open unlocked doors and other unlocked panels and objects; and

inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Division 4; and

move but not take away anything that is not locked up or sealed.