Part 9
Enforcement of responsibilities
Enforcement powers for offences involving certain vehicles
125Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles
An enforcement officer may at any time exercise all or any of the following powers in respect of a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle) on a road:
- inspect the load on the vehicle:
- measure, or require to be measured, the weight of the vehicle or the weight on any of its axles:
- direct the driver or person in charge of the vehicle to drive the vehicle to a site and on to a weighing device specified by the enforcement officer for the purpose of enforcing the provisions of this Act or the Road User Charges Act 2012 or any other enactment, even though the driver may not otherwise be permitted to drive the vehicle to that site.
The power conferred by subsection (1)(c) is also exercisable in respect of a vehicle an enforcement officer believes to be a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle).
Except where the driver has failed to stop when directed under subsection (4), nothing in subsection (1) authorises an enforcement officer to direct the driver or person in charge, in order to drive the vehicle to a site or weighing device, to travel a distance that would increase the total length of the journey by—
- more than 5 km; or
- more than 10 km, if the site where the vehicle has been brought to a stop is unsuitable for weighing the vehicle because—
- doing so may pose a safety risk to other road users or to the enforcement officer; or
- the site is not level enough for accurate weighing.
- doing so may pose a safety risk to other road users or to the enforcement officer; or
The driver of a heavy motor vehicle or goods service vehicle must, whenever directed by a sign specifying that that particular vehicle or vehicles of that vehicle’s class must stop or by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to take any action under subsection (1) or to complete the exercise of any other power conferred on an enforcement officer by this Act.
Notes
- Section 125(1)(c): amended, on , by section 94 of the Road User Charges Act 2012 (2012 No 1).
- Section 125(3)(b): replaced, on , by section 53(1) of the Land Transport Amendment Act 2017 (2017 No 34).
- Section 125(4): amended, on , by section 53(2) of the Land Transport Amendment Act 2017 (2017 No 34).