The police have certain powers they can exercise when dealing with drivers of heavy motor vehicles. This month, Danielle Beston provides an overview of the powers you should know.

General powers

Section 113 of the Land Transport Act 1998 says that if a police officer believes on reasonable grounds that a vehicle on a road is causing an obstruction or that the removal of the vehicle is in the interests of road safety, they can order its removal. This can be done by entering it themselves or by directing someone else to do so. Enforcement officers can also inspect, test and examine the brakes or any other part of a vehicle.

Section 113A of the act gives enforcement officers the power to require a person to produce without delay for inspection all relevant log books or records, including documents relating to financial records, expenditure on fuel, invoices, vehicle maintenance records, depreciation records for vehicles, time and wage records and waybills. The police are permitted to make copies of the books or records produced.

Section 124 of the act states that vehicles must have current evidence of vehicle inspection and a certificate of loading, and drivers or owners must provide reasonable assistance in conducting any inspection or running test.

Stopping, inspecting and weighing

Section 125 says that if the police display a sign specifying that a particular vehicle or vehicles of that vehicle’s class must stop, or when directed by an officer to stop, a driver of a heavy motor vehicle or goods service vehicle must stop and wait until the enforcement officer has completed the exercise of their powers.

A police officer may at any time inspect the load of a heavy motor vehicle on any road. However, this does not mean the officer can enter the truck itself. To enter and search the truck, they must have either a warrant or good cause to suspect that drugs are being carried. A police officer can measure a vehicle’s weight or the weight on any of its axles. To exercise this power, an officer can direct the driver to drive to a site and onto a specific type of weighing device even though the driver may not otherwise be permitted to drive the vehicle to that site.

Normally, an officer cannot order a vehicle to a site for weighing if the vehicle would have to deviate from its course by more than 5km, but there are exceptions to this rule. Where a vehicle has failed to stop for a sign or ignored the direction of an officer to stop, a deviation greater than 5km is permitted. If the site where the vehicle has been brought to a stop is unsuitable for weighing because doing so may pose a safety risk or the site is not level enough for accurate weighing, then this is also an exception to the rule.

Remember that, unless permitted by an exception, if the distance of the deviation is greater than 5km for the purposes of being weighed, this is a defence. It is therefore very important for drivers who are stopped and directed to a weighbridge to keep an accurate record of exactly what point they were stopped, and the distance travelled to get to the weighbridge. The significance of a careful record is that it may need to be used in court to prove you weren’t going the way you were simply to avoid being weighed.

Overweight vehicles

Section 126 of the act states that if the gross weight of a vehicle or vehicle combination is exceeded by more than 10% of the overall or any individual axle weights permitted by the regulations, the police can demand that the driver stop the truck where it is or direct it to a safe place. The officer can then insist that the load be removed, reduced or rearranged so that it no longer exceeds the maximum permitted weights.

Unsecure loads

Under section 128 of the act, an officer can direct the driver of a heavy vehicle to stop if he suspects that the load on that vehicle is unsecured and may fall from it or that a breach of the rules relating to the carriage of dangerous goods has occurred. The officer is required to direct that the vehicle either remains stopped or is moved to a place of safety so that the load can be secured satisfactorily or the breach is rectified.

Dangerous goods

These powers are wide-ranging and are set out in sections 129 to 132 of the act. A police officer or a dangerous goods enforcement officer who has good cause to suspect a breach of the law relating to the carriage of dangerous goods can order the driver to stop or order the driver to remain stopped until the officer is sure that if a breach has been committed, it has been rectified.

A dangerous goods enforcement officer can legitimately go onto premises where goods are being loaded or unloaded if they suspect that any of the goods are dangerous. This entry must be for inspection to ensure that all persons involved in the transport of dangerous goods are complying with the rules to ensure safe transportation of the goods.

An officer is allowed to take samples, open containers and packages and inspect what is inside containers and packages. They can also take measurements and sketches, demand, inspect and copy documents relating to dangerous goods.