References: Gazette 05-May-2000, Times 13-Apr-2000, [2000] EWHC Admin 315
Links: Bailii
Ratio: 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 not a sufficient compliance with a requirement to hand them over. The express power to take records arose when an offence was suspected. The obligation did not depend upon receipt of a notice requiring delivery of the records within ten days to the office of the Traffic Commissioner.
Statutes: Transport Act 196899
This case is cited by:
- Appeal from – Cantabrica Coach Holdings Limited v Vehicle Inspectorate (on Appeal From a Divisional Court of the Queen’s Bench Division) HL (House of Lords, Times 28-Nov-01, Bailii, Gazette 24-Jan-02, [2001] UKHL 60, [2002] RTR 8, [2001] 1 WLR 2288, [2002] 1 All ER 595, (2002) 166 JPN 550, (2002) 166 JP 423)
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, . .
(This list may be incomplete)
Last Update: 27 September 2018
Ref: 78870
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