| (1) |
A road transport inspector may– |
| (a) |
cause a vehicle to stop in the manner prescribed; |
| (b) |
question the driver or a passenger of the vehicle which was stopped under subsection (1) in the prescribed manner; |
| (c) |
direct the driver or a passenger of the vehicle which was stopped under subsection (1) to produce any prescribed document in the prescribed manner; |
| (d) |
confiscate a permit which has been specified in a written order issued by the Regulatory Committee; |
| (e) |
confiscate a permit which authorises cross-border road transport or cabotage if the vehicle is so defective as to be a possible danger to persons or property and must hand over the permit to the Chief Executive Officer; |
[Subsection (1)(e) substituted by section 14(a) of Act No. 12 of 2008]
| (f) |
request the driver or a person in charge of a vehicle to open the vehicle to enable him or her to examine the contents of the vehicle; |
| (g) |
if the driver or person in charge of the vehicle fails or refuses to comply with a request made in terms of paragraph (f), open the vehicle and examine the contents of the vehicle and may for that purpose break any seal or locking device; |
| (h) |
impound a vehicle which is reasonably suspected of being or having been used for unauthorised transport; |
[Subsection (1)(h) substituted by section 14(b) of Act No. 12 of 2008]
| (i) |
impound goods which are reasonably suspected to have been conveyed contrary to the Act or an agreement; |
| (j) |
direct the driver of a vehicle referred to in paragraphs (h) and (i) to deliver the vehicle and the goods to the nearest police station; |
| (k) |
enter any premises to investigate any reasonably suspected contravention of the Act or an agreement, as contemplated in section 2(1), and whilst on the premises, he or she may– |
| (i) |
question any person who is reasonably believed to possess information which might lead to the conclusion of investigations; |
| (ii) |
request delivery of and examine any document which is reasonably believed to relate to the commission of an offence; |
| (iii) |
seize or make copies of any document referred to in paragraph (ii); or |
| (iv) |
question any person in relation to a document referred to in paragraph (ii). |
| (2) |
A road transport inspector must– |
| (a) |
issue a notice, as prescribed, if any documentation has been confiscated under subsection (1); |
| (b) |
after opening a vehicle and examining the contents as provided for in subsection (1)(g) indicate in a prescribed certificate that the vehicle has been opened and that the contents have been examined in terms of subsection (1)(g); and |
| (c) |
deliver the goods or the vehicle which has been impounded to a police officer. |
| (3) |
The powers conferred under subsection (1)(k) do not authorise a road transport inspector to enter private dwelling premises unless the owner of the premises consents to the entry or unless a court order authorising such entry has been obtained. |
| (4) |
A person questioned or required to furnish information under subsection (1)(k) is entitled to the privileges to which a person testifying in a court of law would be entitled to. |
| (5) |
A vehicle which is impounded in terms of subsection (1)(h) and goods which have been impounded in terms of subsection (1)(i) must be dealt with in accordance with the provisions of the Criminal Procedure Act, 1977, and the provisions of the Constitution. |
Foodstuffs, Cosmetics and Disinfectants Act, 1972
