Road Traffic (Administration) Act 2008

In this section —

a vehicle used or to be used in connection with road transport is or has been located; or

transport documentation or journey documentation is located.

A police officer may search premises for MDLR compliance purposes.

A police officer may enter premises for the purpose of conducting a search under this section.

A police officer may, for MDLR compliance purposes, search, or enter and search, any vehicle at premises being searched under this section.

A search of premises under this section may be conducted —

at any time if a warrant to enter the premises has been issued under section 65; or

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 a warrant and without the consent of the occupier of the premises or any other person.

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

The power to search premises under this section includes —

the power to search for and inspect any records, devices or other things that relate to a vehicle or any part of its equipment or load and that are located at the premises; and

the power to take copies of or extracts from any of the following —

any transport documentation or journey documentation located at the premises;

any other records, or any readout or other data obtained from any device or thing, located at the premises that the officer reasonably believes provide, or may on further inspection provide, evidence of an MDLR offence;

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

the power to exercise with respect to a vehicle located at the premises any powers that may be exercised during a search of a vehicle under section 53(5); and

any powers that may be exercised during an inspection of premises under section 54(8).

The power to search premises under this section does not include a power to search a person.

During a search of premises under this section a police officer may seize and remove any records, devices or other things from the premises that the officer reasonably believes provide, or may on further inspection provide, evidence of an MDLR offence.

A police officer may use reasonable force in the exercise of powers under this section.