37Powers of authorised officers – inspection

37 Powers of authorised officers – inspection

(1)  An authorised officer may, for compliance purposes, inspect a unit of rolling stock to which this Division applies or a train that includes or that the authorised officer believes on reasonable grounds includes a unit of rolling stock to which this section applies.

(2)  The power to inspect a unit of rolling stock or a train includes the power –

(a) to enter the unit or train; and

(b) to weigh, test, measure or take photographs of the unit or train or any part of it or its equipment or load; and

(ba) to take, in accordance with section 52A , a sample of any part of the load of the unit or train; and

(c) to check the existence or details of, or take photographs of, placards or other information required by the regulations to be displayed in or on the unit or any load on it; and

(d) to inspect and take copies of or extracts from any records that are located in or on the train and that are required to be carried in or on the train by the regulations; and

(e) to access or download information that is required to be kept by the regulations and that is –

(i) stored electronically in equipment located in or on the train; or

(ii) accessible electronically from equipment located in or on the train.

(3)  Nothing in this section authorises the use of force, but an authorised officer may under this section do any or all of the following:

(a) open unlocked doors and other unlocked panels and objects;

(b) inspect anything that has been opened or otherwise accessed;

(c) move, but not take away, anything that is locked up or sealed.

(4)  The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the unit of rolling stock or train or any other person.