Section 119: Inspection by police officer, vehicle examiner and road
This section is inserted by Act No 19 of 2016, section 8.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
119. Inspection by police officer, vehicle examiner and road
transport inspector
(1) A police officer, vehicle examiner or road transport
inspector in uniform, or a police officer, vehicle examiner or road
transport inspector not in uniform who produces his identification
card may –
(a) stop and inspect a motor vehicle or trailer;
(b) request the person in charge of a motor vehicle
or trailer to produce the certificate of fitness or
other documents in respect of the motor vehicle
or trailer;
(c) detain a motor vehicle or trailer for such time
as is reasonably required for the inspection of
the certificate of fitness or other documents in
respect of that motor vehicle or trailer;
(d) to ascertain whether the requirements imposed by
law are complied with, test the brakes, silencers,
steering gear, tyres, lighting equipment, reflectors
or any other equipment of a motor vehicle
or trailer;
(e) where he holds the appropriate driving licence,
drive a motor vehicle or trailer on a road to
ascertain whether the motor vehicle or trailer is
fit to be used on a road;
366 Acts 2016
(f) for the inspection of a motor vehicle or trailer,
enter, at any reasonable time, any premises,
other than private premises, where he has reason
to believe the motor vehicle or trailer is kept; and
(g) for the inspection of a motor vehicle or trailer,
enter, pursuant to a warrant issued by a Magistrate,
any private premises where he has reason to
believe the motor vehicle or trailer is kept.
(2) (a) Where, pursuant to subsection (1), a police
officer, vehicle examiner or road transport inspector has reason to
believe that the motor vehicle or trailer is emitting smoke, visible
vapour, fuel, oil or lubricant which is avoidable, or is otherwise not
fit to be used on the road, he may prohibit its use until such time
as it is examined by an authorised examiner or a vehicle examiner,
as the case may be.
(b) The police officer, vehicle examiner or road
transport inspector, as the case may be, shall notify the Commissioner
of the prohibition made under paragraph (a).
(3) Where a prohibition made under subsection (2)(a) is
not complied with, the Commissioner shall cause seals to be affixed
to the motor vehicle or trailer until such time as its owner satisfies
the Commissioner that he has taken necessary steps to cause it to be
examined by an authorised examiner or a vehicle examiner.
Ask juris about this section Official source
Questions this section answers
- Can a police officer stop and inspect my vehicle on the road?
- Can a vehicle examiner test my brakes, tyres or lights without a warrant?
- Can an inspector enter my private premises to check a vehicle without a warrant?
- Can a police officer drive my vehicle to check if it is roadworthy?