Roads Policing Devolved Powers
Officer authorisation statement
This website acts as a digital version of a devolved powers card and reads as follows:
The officer is hereby authorised under the provisions of The Road Traffic Act 1988 for the purposes shown in connection with motor vehicles and trailers.
Testing mechanical condition
Section 67 Road Traffic Act 1988
Weighing
Section 78 Road Traffic Act 1988
Prohibition for weight
Section 70 Road Traffic Act 1988
Removal of weight prohibition
Section 72 (1) Road Traffic Act 1988
Roadside fixed penalty notice
Prohibition for non payment
Section 90D Road Offenders Act 1988
Prohibition for the carriage of dangerous goods
The Chief officer of Essex Police, as an enforcement authority under Regulation 32 of The Carriage of Dangerous Goods and use of Transportable pressure Equipment Regulations 2009, being satisfied that the above named Inspector has suitable qualifications, hereby appoints him/her to be an Inspector for the purposes of Section 19 of The heath & Safety at Work Act 1974, subject to the limitations specified in the scheduled.
As one of Her Majesty’s Inspectors of Health & Safety, he/she is entitled to exercise the powers of an inspector specified in Section 20(A) (in respect of vehicles only), (C), (D), (E), (F), (G), (J), (K), 22, 23 and 38 of the Act.
This appointment applies:
- To the enforcement of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009.
- In respect of vehicles which are on the road or in a public place.
- In respect of driver and carrier duties only said.
Adam Pipe - Head of Roads Policing
Prohibition for the Carriage of Dangerous Goods - Class 7
It is agreed that:
1. The Chief Officer is entitled to perform the function of enforcing, on behalf of ONR, the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (“the 2009 Regulations”) insofar as those regulations have effect in relation to the civil carriage of class 7 goods (see footnote 1).
2. The Chief Officer’s power to enforce the 2009 Regulations applies only in respect of vehicles which:
a. Are on a road or in a public place
and
b. The police wish to check to ensure comply with the 2009 Regulations.
3. The Chief Officer’s power to enforce the 2009 Regulations applies only within the police areas of Essex and excludes any of the following sites within those police areas:
- a nuclear site (see footnote 2)
- an authorised (see footnote 3)
- a new nuclear (see footnote 4)
Footnote 1
1. Under section 82 of the Energy Act 2013 the ONR has the function of making adequate arrangements for the enforcement of the relevant statutory provisions, which include the 2009 Regulations. The phrases “civil carriage of class 7 goods” and “class 7 goods” have the same meaning as given in paragraph 3(4) of Schedule 1 to the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (SI 2014/469).
Footnote 2
2. As defined in section 112 of the 2013 Act.
Footnote 3
3. As defined in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 (SI 1998/494) (“the 1998 Regulations”).
Footnote 4
4. As defined in regulation 2A of the 1998 Regulations.
-
- A nuclear warship site 5,
- Any other site for which there is in force a valid authorisation granted by, or on behalf of, the Secretary of State having responsibility for defence authorising its use for the carrying out of any nuclear related activity.
Footnote 5
5. As defined in regulation 2B of the 1998 Regulations.
4. For the purpose of carrying out the enforcement of the 2009 Regulations in accordance with this agreement, the Chief Officer may perform the functions of the ONR in appointing and authorising inspectors pursuant to paragraph 1 and 2 of Schedule 8 to the 2013 Act.
5. An inspector appointed by the Chief Officer may only be authorised to exercise some or all of the following powers:
(1) The power set out in paragraph 4 of Schedule 8 to the 2013 Act,
(2) The power set out in paragraph 5 to that schedule
(3) The power to enter premises set out in paragraph 8 to that schedule, but only in respect of vehicles,
(4) The power set out in paragraph 9 to that schedule, but not the power in paragraph 9(a)(ii)
(5) The power set out in paragraph 10 to that schedule,
(6) The powers set out in paragraphs 13 to 16 of that schedule.
6. This agreement does not affect in any way ONR’s power to enforce the 2009 Regulations.
7. This agreement shall come into effect on the date that it is signed by both parties and if it is signed on different dates, on the later of those dates. The agreement may be terminated by either party giving at least three months’ written notice to the other party of its intention to terminate it.
Signed: Nick Baldwin, ONR Chair For and on behalf of ONR Date: 8/11/18
Signed: BJ Harrington For and on behalf of the Chief Officer Date: 6/11/18
Adam Pipe - Head of Roads Policing