Carriage of Dangerous Goods by Road Act, 1998
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Inspectors. |
6.—(1) Each of the following shall be an appointing authority for the purposes of this section: | |
(a) the Minister, | ||
(b) the Minister for Justice, Equality and Law Reform, | ||
(c) the National Authority for Occupational Safety and Health, and | ||
(d) the Radiological Protection Institute of Ireland. | ||
(2) An appointing authority may appoint such and so many persons as the authority thinks fit to be inspectors for the purposes of this Act and may revoke any such appointment. | ||
(3) An appointing authority shall issue to every inspector appointed by it under subsection (2) a warrant of appointment and, when exercising a power conferred on an inspector by or under this Act, the inspector shall, on being so requested by a person affected, produce the warrant or a copy of it duly authenticated by the appointing authority, to that person. | ||
(4) An inspector may, for the purposes of ascertaining whether this Act or any regulation made under section 17 is being complied with, do any or all of the following: | ||
(a) carry out a check on any transport equipment for reasons of safety inherent in the carriage of dangerous goods by road, | ||
(b) at any time enter any premises or place if he or she has reasonable grounds for suspecting that it is used for a purpose connected with the carriage of dangerous goods by road, or that transport equipment used for that purpose is at the premises or place, and inspect the premises or place, the transport equipment and any documents or records kept or used on the premises or place or that transport equipment, | ||
(c) where he or she has reasonable grounds for suspecting that at any premises or place an offence under this Act has been or is being committed, use reasonable force where necessary in order to enter the premises or place, provided he or she is so authorised by a warrant of a judge of the District Court under section 7 or, if it appears to the inspector to be a case of emergency and that the delay in obtaining a warrant would be likely to endanger life, then without being so authorised, | ||
(d) when exercising a power under this section, be accompanied by a member of the Garda Síochána if the inspector has reasonable cause to apprehend a serious obstruction in the execution of the inspector's duty, | ||
(e) at any time check transport equipment which is stationary, together with its load, if any, and inspect any documents, goods, records or recording equipment being carried in or on the vehicle or by any member of the crew, which are kept or used for a purpose connected with the carriage of dangerous goods by road, | ||
(f) take samples of goods from any premises, place or transport equipment which the inspector has reasonable grounds for suspecting is being used, has been used or is intended to be used for the carriage of dangerous goods by road, | ||
(g) require any person at the premises, in the place or in the transport equipment to produce to the inspector any document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used for a purpose connected with the carriage of dangerous goods by road which is in the power or control of that person, | ||
(h) inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used in connection with the carriage of dangerous goods by road and require the person by whom such document or record is kept or who produced the document or record to certify a copy thereof as a true copy, | ||
(i) request the production of, examine and take copies of any training certificate, | ||
(j) investigate any accident involving carriage of dangerous goods by road, and | ||
(k) undertake, or arrange for the undertaking, of the examination, testing, processing or dismantling of transport equipment as may be necessary. | ||
(5) For the purpose of exercising his or her powers under subsection (4), an inspector may detain transport equipment, including any dangerous goods contained therein or thereon, during such time as is required for the exercise of those powers. | ||
(6) An inspector shall not, other than with the consent of the occupier, enter such part of a premises used as a private dwelling unless he or she has obtained a warrant from the District Court under section 7 authorising such entry. | ||
(7) Where an inspector in the exercise of his or her powers under this section is prevented from entering any premises an application may be made under section 7 for a warrant authorising such entry. | ||
(8) Where the appointing authority is satisfied that an inspector appointed by it has, in a bona fide manner, exercised a power conferred on the inspector by or under this Act, the appointing authority shall indemnify the inspector against all actions or claims however arising in respect of the exercise by the inspector of that power. | ||
(9) A person who obstructs or interferes with an inspector when the inspector is exercising a power under this section, or who fails or refuses to comply with a request or requirement of an inspector under this section, shall be guilty of an offence. | ||
(10) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to its truth or otherwise, shall be guilty of an offence. | ||
(11) A person guilty of an offence under subsection (9) or (10) shall be liable on summary conviction to a fine not exceeding £1,500. |