116Production of identification by inspectors before vehicle inspections or searches

116 Production of identification by inspectors before vehicle inspections or searches (a) an inspector wishes to inspect or search a vehicle under this Division; and (b) the driver, or another person apparently in charge of the vehicle, is present in, on or near the vehicle. S. 116(2) amended by No. 37/2014 s. 10(Sch. item 147.50). (2) Before starting to inspect or search the vehicle, an inspector who is not a police officer— (a) must identify himself or herself to the driver or person by producing his or her identity card for inspection by the driver or person; and (b) if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), must also produce the document given to him or her under section 112(3) for inspection by the driver or person. S. 116(3) amended by No. 37/2014 s. 10(Sch. item 147.50). (3) In the case of an inspector who is a police officer, but who is not in uniform, before starting to inspect or search the vehicle he or she must identify himself or herself to the driver or person by producing his or her identification as a police officer. S. 116(4) substituted by No. 94/2003 s. 23(1), amended by No. 37/2014 s. 10(Sch. item 147.50). (4) In the case of an inspector who is a police officer and who is in uniform, before starting to inspect or search the vehicle he or she must, if requested to do so by the driver or person, state orally his or her name, rank and place of duty. (5) Despite subsection (2), it is not necessary for an inspector who is an authorised officer to identify himself or herself before starting to inspect or search the vehicle if— (a) he or she is in uniform; and (b) the inspection or search is to be conducted at a weighbridge or other place on or next to a highway as part of a program of inspections or searches of heavy vehicles. S. 116(6) amended by No. 94/2003 s. 23(2). (6) If an inspector decides to start a search while in the process of conducting an inspection, it is not necessary for the inspector to comply with subsection (2), (3) or (4) again if the inspector starts the search during, or immediately after, the inspection. S. 117 inserted by No. 44/2003 s. 3.