Falls under Road Traffic Act 1988 and the Road Vehicles (Construction and Use) Regulations 1986.
Generally:
Only authorised constables may test or inspect on the road.
All uniformed constables may test and inspect on premises – subject to conditions.
On road testing (Road Traffic Act 1988 – Section 67)There are two types of authorised examiner – those authorised by a chief constable and those by the Secretary of State. This type of authorised examiner may test on road for:
Brakes
Silencers
Steering Gear
Tyres
Noise
Smoke
Fumes/vapour
Lights and Reflectors
– provided the use would involve danger of injury to any person.
The rider has the option to defer the test when Notice Provisions kick in. A non-authorised person has no power to detain a vehicle unless it is too defective to proceed or post accident.
Broadly speaking you may have a defence if an unauthorised examiner tries to examine your bike for a defect which really needs someone with more knowledge (and is authorised) to diagnose. But that doesn't mean that you are in the clear where the defect is obvious to anyone, for example:
Your exhaust is hanging off
Your tyre is split
Also the requirement in more complex cases for an authorised examiner can be waived by you – so never agree to the officer in question doing that.
Even if the officer is not authorised, he/she may still report it. If you are subsequently prosecuted then it is a question of whether the prosecution has a sufficient weight of evidence – clearly in borderline cases examination by authorised officers will carry much more weight than non-authorised ones.
The test under Section 67 is not just an observational one but is required by an authorised examiner. You may elect to defer the examination to a time and place to be arranged. If (as the rider) you are also the owner you may choose a period of 7 days – within the next 30 days – when the examination may be carried out on premises specified by you. If you are not the owner of the bike you are riding, you must give the owner's address and the examiner must make arrangements with the owner. Two days notice within the 7 day period must be given. If no period is specified then there should be 7 days notice.
Off road testing (Regulation 74)Any constable in uniform or vehicle examiner may inspect:
Brakes
Silencers
Steering gear
Tyres
– On premises – with the consent of the owner of the premises – but the constable has no power of entry.
To summarise:
No consent of owner of premises – no test
No consent of owner of vehicle – no test unless:
Within 48 hours of accident.
Notice served – 48 hours personal notice / 72 hours recorded notice.
Testing and inspectionCANNOT be carried out without the consent of the owner – unless 48 hours personal notice or 72 hours recorded delivery notice has been given – but NB the owner consent is not required if the vehicle has been involved in an accident within the last 48 hours.
If an owner/rider is seen driving a defective vehicle but an officer is not in a position to stop that vehicle, the officer cannot pursue the vehicle which is then garaged on home premises and where no consent to inspect is given. However if it is garaged on garage premises then the vehicle can be examined – either with the consent of the garage proprietor – or after giving the appropriate notice.
Can the police just call VOSA out like that? 'Cos they're a government agency independent to the police.Years ago I was given an on the spot fine for noisy exhausts, which I just paid because it was only about £25. This was after the police scrutinised the bike and my paperwork trying to find something wrong.Looking back now I wonder if I should have fought it, the pipes were legal and the police didn't have any kind of sound measuring equipment. I guess you have to weigh up the cost vs the hassle, and also whether you want to make a stand.
Most of the time the police are normal people doing a difficult job, but occasionally you get one that's just a b*st*rd, and will try and do you for the hell of it. I guess you have to just make a judgement call on whether to just pay your fine, or fight them on the letter of the law.
It's certainly not just down to Vosa as it'll be a Police Vehical Inspector that'll be looking over my mates car as the local DVLA do not at this time employ a vehical inspector, and as it's already passed at Vosa in Beverley it'd not be a Vosa guy checking it twice as rightly said they are an independant body to the police.
YET lol but as others have said the police have there own vehical inspectors who are there 24/7 so you won't win if it's illegal and he's a jobsworth you will get done
I got stopped a while ago by the man from the ministry, on my Blade with Yoshi race can fitted, and he said and I qoute " we heard you comming but it's not overly loud, so we don't have a problem, you can go"
Ummm Cheers I said...
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