Regulation 4 Amendments relating to the meaning of goods vehicle being adequately secured against unauthorised access

After regulation 2 insert—

“Failure to secure a goods vehicle: meaning of goods vehicle being adequately secured against unauthorised access

2A.

For the purposes of section 31A(1)(a) of the Act, a goods vehicle is adequately secured against unauthorised access if—

(a)

where the vehicle has a load space that is enclosed (wholly or partly) by an outer shell or by a fabric cover—

(i)

there are no cuts, tears or other damage in the outer shell or fabric exceeding 25cm in length that are not repaired to a standard sufficient to prevent unauthorised access; and

(ii)

the outer shell or fabric shows no other signs of unauthorised access;

(b)

all means of entry to the load space—

(i)

that are able to be secured by an optimal method against unauthorised access are so secured; and

(ii)

that are not able to be secured by an optimal method against unauthorised access but are able to be secured against unauthorised access by another method, are so secured;

(c)

all cargo—

(i)

that is able to be secured by an optimal method against unauthorised access is so secured; and

(ii)

that is not able to be secured by an optimal method against unauthorised access but is able to be secured against unauthorised access by another method, is so secured;

(d)

no lock, seal or other security device shows signs of tampering, damage or unauthorised repair or replacement;

(e)

where the vehicle has them, no TIR cables, straps or related eyelets show signs of tampering, damage or unauthorised repair or replacement;

(f)

all locks and other security devices inherent to the goods vehicle are in good working order, and are being used appropriately and with reasonable care;

(g)

the documentation accompanying the vehicle under regulation 2E(8) has been completed in accordance with regulation 2E;

(h)

no external storage compartments or wind deflectors show signs of unauthorised access that have not been noted by a person responsible for the vehicle and recorded under regulation 2E;

(i)

there are no signs of unauthorised access underneath or inside the vehicle that have not been noted by a person responsible for the vehicle and recorded under regulation 2E;

(j)

there are no signs of unauthorised access to the vehicle’s roof when checked from an internal vantage point that have not been noted by a person responsible for the vehicle and recorded under regulation 2E; and

(k)

the vehicle is not carrying any persons who have gained unauthorised access to it.”.