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Power to prohibit driving of goods vehicles in contravention of Act.
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9.—(1) An inspector may prohibit for the purpose of the international carriage of perishable foodstuffs the driving in any public place of a goods vehicle if—
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(a) the vehicle is required to comply with regulations under this Act, and
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(i) there is not produced to him a certificate of compliance, and
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(ii) no valid certification plate is affixed to it in accordance with regulations under this Act, or
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(b) the vehicle or any container carried by it is required by regulations under this Act to be marked with a designated mark and the vehicle or container is not so marked, or
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(c) it appears to the inspector that the vehicle is being used otherwise than in accordance with any conditions specified in the certificate of compliance, or
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(d) the vehicle or any container being carried by it is being used otherwise than in accordance with regulations under this Act.
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(2) Where an inspector prohibits the driving of a vehicle under this section, he may direct the driver of the vehicle to remove the vehicle and any trailer being drawn by means of it to such place and subject to such conditions as are specified in this direction; and the prohibition shall not apply to that removal.
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(3) Where an inspector prohibits the driving of a vehicle under subsection (1), he shall forthwith give notice in writing to the driver, specifying the circumstances as mentioned in subsection (1) (a), (b), (c) or (d) in consequence of which the prohibition is imposed and any direction given under subsection (2) may be given either in that notice or in a separate notice in writing given to the driver.
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(4) An inspector may remove a prohibition if he is satisfied thatappropriate action has been taken to remove or remedy the circumstances in consequence of which the prohibition was imposed; and on doing so shall forthwith give notice in writing of the removal of the prohibition to the driver.
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(5) Any person who—
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(a) drives a vehicle in contravention of a prohibition imposed under subsection (1), or
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(b) causes or permits a vehicle to be driven in contravention of such a prohibition, or
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(c) refuses, neglects or otherwise fails to comply within a reasonable time with a direction given under subsection (2),
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shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
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(6) A member of the Garda Síochána may arrest without warrant any person whom he has reasonable cause to suspect of having committed an offence under subsection (5).
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(7) In the exercise of his functions under this section an inspector shall act in accordance with regulations or general directions of the Minister.
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(8) In this section—
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“goods vehicle” means a mechanically propelled vehicle constructed or adapted for the carriage of goods of any description whether it is or is not registered in the State;
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“public place” means any street, road or other place, including the confines of a harbour, to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge.
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