UK Offence Report

Inspection of recording equipment and record sheets

regulation 7(3) of The Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations (Northern Ireland) 2006

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 Any person who obstructs

a vehicle examiner in the exercise of his powers under paragraph (1) or (2), shall be guilty of an offence and shall be liable on summary conviction to

a fine not exceeding level

3 on the standard scale.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
obstructing an official exercising a power
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 7(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person obstructs a vehicle examiner in the exercise of his powers under paragraph (1) or (2).
  2. Refusing to let an inspector onto premises they are entitled to enter under the Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations (Northern Ireland) 2006.
  3. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  4. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

in Northern Ireland a reference to a level is construed as referring to the standard scale as it currently stands (Fines and Penalties (NI) Order 1984 art.5(3)), not as it stood when the instrument was made.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
21 June 2006
In force from
31 July 2006
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations modify the provisions of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 to take account of the new digital tachograph provided for by Council Regulation (EC) No. 2135/98, which amended Regulation (EEC) No. 3821/85 on recording equipment in road transport. A digital tachograph is one which complies with Annex IB to the amended Regulation. They add, in new regulations 7A to 7F, more detailed enforcement provisions which apply where tachographs, whether analogue or digital, are used or documents are required under Community Rules. The enforcement powers are conferred on vehicle examiners and police constables. Under new regulation 7A vehicle examiners and police constables may require the production of records and the driver cards used with digital tachographs. They may copy the electronic data. New regulation 7B confers powers of entry on vehicle examiners and police constables. They may enter vehicles required to be fitted with tachographs, inspect equipment and other things on and in the vehicle, copy data and retain evidence. They may also enter premises. A time limit of six months is imposed by the new regulation 7C on the retention powers, unless the retained items are required for proceedings. Under new regulation 7D it is an offence not to comply with a vehicle examiner’s requirements or to obstruct him. The maximum penalty is level 5 on the standard scale. New regulation 7E provides for offences in respect of false records and data, destruction of records and data and failure to make relevant records. The offences extend to those causing or permitting the actions as well as those actually doing them. The maximum penalty on summary conviction is the statutory maximum; on conviction on indictment it is two years' imprisonment or a fine, or both. It is also an offence to produce, or to facilitate the production of, any device that is designed to interfere with the proper operation of recording equipment or would enable the falsification etc. of data. The maximum penalty is level 5 on the standard scale. The Regulations also amend the definition of “the Community Recording Equipment Regulation” to include reference to Regulation (EC) 561/2006. A Regulatory Impact Assessment has been produced and may be obtained from the Department of the Environment’s website at www.doeni.gov.uk/roadsafety.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”; the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source