sec.131Procedure for entry without consent if person in control or occupier present

sec.131 Procedure for entry without consent if person in control or occupier present

This section applies if— an inspector is intending to enter a vehicle under section 130 (b) or (c) ; and a person who is a person in control, or an occupier of, the vehicle is present at the vehicle. Before entering the vehicle, the inspector must do, or make a reasonable attempt to do, the following things— comply with section 120 for the person; tell the person the purpose of the entry; seek the consent of the person to the entry; tell the person the inspector is permitted under this Act to enter the vehicle without the person’s consent. If the person in control of the vehicle is not present at the vehicle, the inspector must take reasonable steps to advise the person or any registered operator of the vehicle of the inspector’s intention to enter the vehicle. Subsection (3) does not require the inspector to take a step that the inspector reasonably believes may frustrate or otherwise hinder an investigation under this Act or the purpose of the intended entry. (sec.131-ssec.1) This section applies if— an inspector is intending to enter a vehicle under section 130 (b) or (c) ; and a person who is a person in control, or an occupier of, the vehicle is present at the vehicle. (sec.131-ssec.2) Before entering the vehicle, the inspector must do, or make a reasonable attempt to do, the following things— comply with section 120 for the person; tell the person the purpose of the entry; seek the consent of the person to the entry; tell the person the inspector is permitted under this Act to enter the vehicle without the person’s consent. (sec.131-ssec.3) If the person in control of the vehicle is not present at the vehicle, the inspector must take reasonable steps to advise the person or any registered operator of the vehicle of the inspector’s intention to enter the vehicle. (sec.131-ssec.4) Subsection (3) does not require the inspector to take a step that the inspector reasonably believes may frustrate or otherwise hinder an investigation under this Act or the purpose of the intended entry.

• (a) an inspector is intending to enter a vehicle under section 130 (b) or (c) ; and
• (b) a person who is a person in control, or an occupier of, the vehicle is present at the vehicle.
• (a) comply with section 120 for the person;
• (b) tell the person the purpose of the entry;
• (c) seek the consent of the person to the entry;
• (d) tell the person the inspector is permitted under this Act to enter the vehicle without the person’s consent.