Section 119: Inspection by police officer, vehicle examiner and road transport

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; (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. [Issue 9] R27 – 96 Revised Laws of Mauritius (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. [S. 119 repealed and replaced by s. 8 of Act 19 of 2016 w.e.f. 3 November 2016.]