The Road Traffic Offenders (Northern Ireland) Order 1996

SCHEDULES

Articles 3, 4, 9, 13, 30, 34, 60, 66, 80 and 81.

SCHEDULE 1 N.I. PROSECUTION AND PUNISHMENT OF OFFENCES

PART I N.I. OFFENCES UNDER THE ROAD TRAFFIC ORDERS

Offences under the Order of 1981

(1)	(2)	(3)	(4)	(5)	(6)	(7)
Provision creating offence	General nature of offence	Mode of prosecution	Punishment	Disqualification	Endorsement	Penalty points
Article 3(1)	[F1 Driving otherwise than in accordance with a licence.]	Summarily.	Level 3 on the standard scale.	Discretionary if committed by driving a motor vehicle in a case where either no licence authorising the driving of that vehicle could have been granted to the offender or, if a provisional (but no other) licence to drive it could have been granted to him, the driving would not have complied with the conditions of the licence.	Obligatory if committed as described in column 5.	3-6
Article 3(2)	Causing or permitting a person to drive [F2 otherwise than in accordance with] a licence.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 9(10)	Failure to deliver a licence and counterpart revoked by virtue of Article 9(8) to Department.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
[F3 Article 9(13)]	[F3 Driving after making false declaration as to physical fitness.]	[F3 Summarily.]	[F3 Level 4 on the standard scale.]	[F3 Discretionary.]	[F3 Obligatory.]	[F3 3–6]
Article 10(3)	Failure to deliver revoked licence and counterpart to Department.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 11(3)	Failure to notify Department of onset of, or deterioration in, relevant or prospective disability[F4 and that provision as applied by Article 15D[F5 or 19H].]	Summarily.	Level 3 on the standard scale.	␣	␣	␣
[F6 Article 11(3B)]	[F6 Driving after such a failure and that paragraph as applied by Article 15D(b) or 19H(c).]	[F6 Summarily.]	[F6 Level 3 on the standard scale.]	[F6 Discretionary.]	[F6 Obligatory.]	[F6 3–6]
[F6 Article 11A]	[F6 Driving after refusal of licence under Article 9(3), revocation under Article 10(1) or (2) or service of a notice under Article 15C or 19G]	[F6 Summarily.]	[F6 Level 5 on the standard scale or 6 months or both.]	[F6 Discretionary.]	[F6 Obligatory.]	[F6 3–6]
F7 . . .	F7 . . .	F7 . . .	F7 . . .	F7 . . .	F7 . . .	F7 . . .
F8 . . .	F8 . . .	F8 . . .	F8 . . .	F8 . . .	F8 . . .	F8 . . .
Article 15(7)	Driving licence holder failing, when his licence is revoked, to surrender it and its counterpart or, when particulars become incorrect, to surrender the licence and counterpart and give particulars.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
[F4 Article 15B(11)[F5 and that paragraph as applied by Article 19F(5)]]	[F4 Driving after failure to comply with a requirement under Article 15B(6), (7) or (10)[F5 or a requirement under Article 15B(6) or (7) as applied by Article 19F(5)].]	[F4 Summarily.]	[F4 Level 3 on the standard scale.]	␣	␣	␣
[F4 Article 15C(4)]	[F4 Failure to deliver Community licence and its counterpart to Department when required by notice under Article 15C.]	[F4 Summarily.]	[F4 Level 3 on the standard scale.]	␣	␣	␣
Article 19	Exceeding speed limit in vehicle required to display or displaying learner-driver's mark.	Summarily.	(i) Where the mark is required to be displayed, level 3 on the standard scale.	Discretionary if committed as described in column 4(i).	Obligatory if committed as described in column 4(i).	3-6 if committed as described in column 4(i).
␣	␣	␣	(ii) Where the mark is not required to be displayed, level 2 on the standard scale.	␣	␣	␣
Article 19A	Failure to comply with restriction on restricted drivers.	Summarily.	Level 3 on the standard scale.	Discretionary.	Obligatory	[F9 (a) 3-6 if committed by contravening the specified restriction under paragraph (5)(b) of Article 19A (driving at a speed exceeding 45 miles per hour.); (b) 2 if committed only by contravening the specified restriction under paragraph (5)(a) of Article 19A (failure to display restricted driver's mark.)]
Article 19B	Exceeding speed limit in vehicle displaying restricted driver's mark where mark is not required to be displayed.	Summarily.	Level 2 on the standard scale.	␣	␣	␣
F5 . . .	F5 . . .	F5 . . .	F5 . . .	␣	␣	␣
F10 . . .	F10 . . .	F10 . . .	F10 . . .	␣	␣	␣
[F5 Article 19G(4).]	[F5 Failure to deliver Great Britain licence to the Department when required by notice under Article 19G.]	[F5 Summarily.]	[F5 Level 3 on the standard scale.]	␣	␣	␣
Article 31E(1)	Using, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 31E(2)	Using, etc., motor vehicle with alteration required to be but not notified to Department under Article 31B.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 31E(5)	Selling, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 31F	Failure to hold EC certificate of conformity for unregistered light passenger vehicle[F11 or motor cycle].	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 31G	Light passenger vehicles[F11 and motor cycle] not to be sold without EC certificate of conformity.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 56	Driving, or causing or permitting the driving of, goods vehicle in excess of prescribed hours.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 59	Public service vehicle plying for hire where driver not licensed.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 60	Public service vehicle plying for hire when not licensed under Article 61.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 62(2)	Permitting overcrowding on public service vehicle.	Summarily.	Level 2 on the standard scale.	␣	␣	␣
Article 62(4)	Failure to produce to court licence granted under Article 61.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 64	Owner of public service vehicle failing to provide alternative transport.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 66	Contravention of Community provision as to keeping or production of documents.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 72	Failing to comply with conditions of LGV[F4 PCV licence or LGV Community licence] causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
[F4 Article 73A(4)]	[F4 Failure to deliver LGV or PCV Community licence when required by notice under Article 73A.]	[F4 Summarily.]	[F4 Level 3 on the standard scale.]	␣	␣	␣
Article 75	Failure to deliver revoked or suspended LGV or PCV licence and its counterpart to Department.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 77(4)	Contravention of provision of regulations (which is declared by regulations to be an offence) about LGV or PCV drivers' licences[F4 or LGV or PCV Community licences.]	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 79A	Driving without a taxi driver's licence.	Summarily.	Level 3 on the standard scale.	Discretionary if committed by driving a taxi where no licence authorising the driving of that vehicle could have been granted.	Obligatory if committed as described in column 5.	3-6
Article 81(1)	Driving, or causing or permitting the driving of, motor vehicle in contravention of applicable Community rules as to periods of driving, etc.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
[F12 81(1B)]	[F12 Contravention of requirement imposed by Article 10(4) of Regulation (EC) No 561/2006 (undertakings etc. to ensure that contractually agreed transport time schedules respect that Regulation).]	[F12 Summarily.]	[F12 Level 4 on the standard scale.]	␣	␣	␣
Article 81(2)	Contravention of requirement of applicable Community rules as to books, records or documents.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 81(3)	Making, or causing to be made, false entry in book, record or document kept for purposes of applicable Community rules.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 82	Failure to produce, etc., books, records or documents; obstructing inspector of vehicles.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 86	Driving, or causing or permitting the driving of, vehicle in contravention of a prohibition under Article 84, or refusing, neglecting or otherwise failing to comply with a direction given under Article 84(3).	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 90	Driving, or causing or permitting a person to drive, motor vehicle while uninsured.	Summarily.	Level 5 on the standard scale [F13 or 6 months or both].	Discretionary.	Obligatory.	6-8
Article 95	Failure to surrender certificate on cancellation of insurance policy or security.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 96	Failure of person against whom claim made to give information as to insurance or security.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 97	Failure to give information or to produce certificate, or making false reply or false statement as to insurance.	Summarily.	Level 4 on the standard scale. NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180.	␣	␣	␣
F10 . . .	F10 . . .	F10 . . .	F10 . . .	␣	␣	␣
Article 132(3)	Taking, etc., title implying registration as driving instructor.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 132(5)	Making of false statement, etc., to obtain registration, etc., as driving instructor.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 133	Giving of paid driving instruction by unregistered or unlicensed persons or their employers.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 136	Failure to surrender certificate or licence within 14 days of notice.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 137	Failure to produce certificate of registration or licence as driving instructor.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 154(1)	Driving with uncorrected defective eyesight.	Summarily.	Level 3 on the standard scale.	Discretionary.	Obligatory.	3
Article 154(2)	Refusal to submit to test to ascertain whether offence committed under Article 154(1).	Summarily.	Level 3 on the standard scale.	Discretionary.	Obligatory.	3
F10 . . .	F10 . . .	F10 . . .	F10 . . .	F10 . . .	F10 . . .	F10 . . .
[F14 Article 168A(1)(a) or (b)]	[F14 Applying for or obtaining driving licence while disqualified.]	[F14 Summarily.]	[F14 Level 3 on the standard scale.]	␣	␣	␣
[F15 Article 168A(1)(c)]	[F15 Driving while disqualified.]	[F15 (a) Summarily.]	[F15 (a) The statutory maximum or six months or both.]	[F15 Discretionary.]	[F15 Obligatory.]	[F15 6]
␣	␣	[F15 (b) On indictment]	[F15 (b) A fine or 2 years or both.]	␣	␣	␣
F16 . . .	F16 . . .	F16 . . .	F16 . . .	␣	␣	␣
F16 . . .	F16 . . .	F16 . . .	F16 . . .	␣	␣	␣
F17 . . .	F17 . . .	F17 . . .	F17 . . .	F17 . . .	F17 . . .	F17 . . .
F17 . . .	F17 . . .	F17 . . .	F17 . . .	F17 . . .	F17 . . .	F17 . . .
␣	␣	F17 . . .	F17 . . .	␣	␣	␣
F17 . . .	F17 . . .	F17 . . .	F17 . . .	␣	␣	␣
F10 . . .	F10 . . .	F10 . . .	F10 . . .	␣	␣	␣
Article 172	Taking vehicle without owner's consent:—	␣	␣	␣	␣	␣
␣	Where vehicle is a cycle.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
␣	Where vehicle is a vehicle other than a cycle.	(a) Summarily.	(a) The statutory maximum or 6 months or both.	Discretionary if committed in respect of a vehicle other than a cycle.	␣	␣
␣	␣	(b) On indictment.	(b) A fine or 1 year or both.	␣	␣	␣
[F18 Article 172A]	[F18 Aggravated vehicle‐taking.]	[F18 (a) Summarily]	[F18 The statutory maximum or six months or both]	[F18 Obligatory]	[F18 Obligatory]	[F18 3‐11]
␣	␣	[F18 (b) On indictment]	[F18 5 years or a fine or both.]	␣	␣	␣
[F18 Article 172B]	[F18 Aggravated vehicle‐taking causing death or grievous bodily injury.]	[F18 On indictment]	[F18 14 years or a fine or both]	[F18 Obligatory]	[F18 Obligatory]	[F18 3‐11]
Article 174(1)	[F19 Making certain false statements, furnishing certain false particulars or withholding certain material information etc.]	Summarily	Level 4 on the standard scale.	␣	␣	␣
Article 174(2)	[F20 Forgery, etc. of licences, test certificates, certificates of insurance and other documents and things]	(a) Summarily.	(a) The statutory maximum.	␣	␣	␣
␣	␣	(b) On indictment.	(b) A fine or 2 years or both.	␣	␣	␣
F10 . . .	F10 . . .	F10 . . .	F10 . . .	␣	␣	␣
Article 175(2)	Failure of driver of mechanically propelled vehicle to comply with duties on occurrence of accident caused by that vehicle.	Summarily.	Level 5 on the standard scale or 6 months or both. NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180.	Discretionary.	Obligatory.	5-10
Article 175(5)	Failure of owner of mechanically propelled vehicle to comply with duties on occurrence of accident where vehicle driven by person other than owner.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 176	Failure to comply with duties on occurrence of other accidents.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 177	Failure of driver or owner of vehicle or other person required to do so, to give information for purposes of identification to police.	Summarily.	Level 3 on the standard scale.	Discretionary if committed under Article 177(1)(b) or (c) and otherwise than by virtue of section 20(2) of the Interpretation Act (Northern Ireland) 1954.	Obligatory if committed as described in column (5).	[F21 6]
Article 178	Failure of cyclist to give information for purposes of identification to police.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 179	Failure of pedestrian to give information for purposes of identification to police.	Summarily.	Level 1 on the standard scale.	␣	␣	␣
[F22 Article 180(1)]	[F22 Failure to stop when so required by constable in uniform.]	[F22 Summarily.]	[F22 (a)Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.]	␣	␣	␣
␣	␣	␣	[F22 (b) Level 3 on the standard scale if committed by a person riding a cycle.]	␣	␣	␣
[F22 Article 180(4) to (7)]	[F22 Failure to produce licence, etc for examination or to state date of birth, failing to provide Department with evidence of date of birth etc, or obstructing, etc police.]	[F22 Summarily.]	[F22 Level 3 on the standard scale.]	␣	␣	␣
F10 . . .	F10 . . .	F10 . . .	F10 . . .	␣	␣	␣

F1 Words in Sch. 1 Pt. I relating to entry for "Article 3(1) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(a); S.R. 2007/454, art. 2, Sch.

F2 Words in Sch. 1 Pt. I relating to entry for "Article 3(2) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(b); S.R. 2007/454, art. 2, Sch.

F3 Sch. 1 Pt. I entry for "Article 9(13) of the Order of 1981" inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(c); S.R. 2007/454, art. 2, Sch.

F4 SR 1997/241

F5 2003 NI 16

F6 Sch. 1 Pt. I entries for "Articles 11(3B), 11A of the Order of 1981" inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(d); S.R. 2007/454, art. 2, Sch.

F7 Sch. 1 Pt. I entry for "Article 13 of the Order of 1981" repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F8 Sch. 1 Pt. I entry for "Article 14 of the Order of 1981" repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F9 1997 NI 2

F10 1997 NI 2

F11 SI 1999/2920

F12 Sch. 1 Pt. I entry for "Article 81(1B) of the Order of 1981" inserted (23.4.2009) by Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/91), reg. 7

F13 Words in Sch. 1 Pt. I relating to entry for "Article 90 of the Order of 1981" inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 55 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F14 Sch. 1 Pt. I entries for "Articles 168A(1)(a) or (b), 168A(1)(c) of the Order of 1981" inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(e); S.R. 2007/454, art. 2, Sch.

F15 Sch. 1 Pt. I entry for "Article 168A(1)(c) of the Order of 1981" substituted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 56 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F16 Sch. 1 Pt. I entries for "Article 166 of the Order of 1981" repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F17 Sch. 1 Pt. I entries for "Article 167 of the Order of 1981" repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F18 2004 NI 15

F19 Words in Sch. 1 Pt. I relating to entry for "Article 174(1) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(f); S.R. 2007/454, art. 2, Sch.

F20 Words in Sch. 1 Pt. I relating to entry for "Article 174(2) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(g); S.R. 2007/454, art. 2, Sch.

F21 Word in Sch. 1 Pt. I relating to entry for "Article 177 of the Order of 1981" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 4; S.R. 2007/302, art. 2, Sch.

F22 Sch. 1 Pt. I entries for "Article 180(1) and Article 180(4) to (7) of the Order of 1981" substituted (16.7.2008) for the entry "Article 180 of the Order of 1981" by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 57 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

Offences under the Order of 1995

(1)	(2)	(3)	(4)	(5)	(6)	(7)
Provision creating offence	General nature of offence	Mode of prosecution	Punishment	Disqualification	Endorsement	Penalty points
Article 9	Causing death, or grievous bodily injury, by dangerous driving.	On indictment.	[F23 14 years] or a fine or both.	Obligatory.	Obligatory.	3-11
Article 10	Dangerous driving.	(a) Summarily.	(a) 6 months or the statutory maximum or both.	Obligatory.	Obligatory.	3-11
␣	␣	(b) On indictment.	(b)[F18 5 years] or a fine or both.	␣	␣	␣
[F24 Article 11A]	[F24 Causing death or grievous bodily injury by careless or inconsiderate driving.]	[F24 (a) Summarily.]	[F24 (a) 6 months or the statutory maximum or both.]	[F24 Obligatory.]	[F24 Obligatory.]	[F24 3-11]
␣	␣	[F24 (b) On indictment.]	[F24 (b) 5 years or a fine or both.]	␣	␣	␣
Article 12	Careless, and inconsiderate, driving.	Summarily.	[F25 Level 5] on the standard scale.	Discretionary.	Obligatory.	3-9
[F26 Article 12B]	[F26 Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers.]	[F26 (a) Summarily.]	[F26 (a) 6 months or the statutory maximum or both.]	[F26 Obligatory.]	[F26 Obligatory.]	[F26 3-11]
␣	␣	[F26 (b) On indictment.]	[F26 (b) 2 years or a fine or both.]	␣	␣	␣
Article 14	Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs.	On indictment.	[F23 14 years] or a fine or both.	Obligatory.	Obligatory.	3-11
Article 15(1)	Driving or attempting to drive when unfit to drive through drink or drugs.	Summarily.	6 months or level 5 on the standard scale or both.	Obligatory.	Obligatory.	3-11
Article 15(2)	Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs.	Summarily.	3 months or level 4 on the standard scale or both.	Discretionary.	Obligatory.	10
Article 16(1)(a)	Driving or attempting to drive with excess alcohol in breath, blood or urine.	Summarily	6 months or level 5 on the standard scale or both.	Obligatory.	Obligatory.	3-11
Article 16(1)(b)	Being in charge of a motor vehicle with excess alcohol in breath, blood or urine.	Summarily.	3 months or level 4 on the standard scale or both.	Discretionary.	Obligatory.	10
Article 17	[F27 Failing to co-operate with a preliminary test.]	Summarily	Level 3 on the standard scale.	Discretionary.	Obligatory.	4
Article 18	Failing to provide specimen for analysis or laboratory test.	Summarily.	(a) Where the specimen was required to ascertain ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.	(a) Obligatory in case mentioned in column 4(a).	Obligatory	(a) 3-11 in case mentioned in column 4(a).
␣	␣	␣	(b) In any other case, 3 months or level 4 on the standard scale or both.	(b) Discretionary in any other case.	␣	(b) 10 in any other case.
[F28 Article 18A(6)]	[F28 Failing to allow specimen to be subjected to laboratory test.]	[F28 Summarily.]	[F28 (a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.]	[F28 (a) Obligatory in the case mentioned in column 4(a).]	[F28 Obligatory]	[F28 (a) 3-11, in the case mentioned in column 4(a).]
␣	␣	␣	[F28 (b) In any other case, 3 months or level 4 on the standard scale or both.]	[F28 (b) Discretionary in any other case.]	␣	[F28 (b) 10, in any other case.]
Article 23	Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.	Summarily.	Level 2 on the standard scale.	[F29 Discretionary.]	[F29 Obligatory.]	[F29 (a)   3 if committed by driving a motor vehicle in contravention of regulations requiring wearing of seat belts. (b)   2 if committed by riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.]
Article 24(2)	Driving motor vehicle with child in front not wearing seat belt[F30 or with child in a rear-facing child restraint in front seat with an active air bag.]	Summarily.	Level 2 on the standard scale.	[F31 Discretionary.]	[F31 Obligatory.]	[F31 3]
Article 24(5)	Driving motor vehicle with child in rear not wearing seat belt.	Summarily.	[F32 Level 2] on the standard scale.	[F33 Discretionary.]	[F33 Obligatory.]	[F33 3]
[F34 Article 24A (4)]	[F34 Failure to notify bus passengers of the requirement to wear seat belts.]	[F34 Summarily.]	[F34 Level 4 on the standard scale.]	␣	␣	␣
Article 26(3) or (4)	Selling, etc., in certain circumstances equipment as conducive to the safety of children in motor vehicles.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 27	Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.	Summarily.	Level 2 on the standard scale.	␣	␣	␣
Article 28	Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 29(3)	Contravention of regulations with respect to use of head-worn appliances on motor cycles.	Summarily.	Level 2 on the standard scale.	␣	␣	␣
Article 29(4)	Selling, etc., appliance not of prescribed type as approved for use on motor cycles.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 30	Prohibition of parking of heavy commercial vehicles on verges, etc.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 32	Leaving vehicles in dangerous positions.	Summarily.	Level 3 on the standard scale.	Discretionary if committed in respect of a motor vehicle.	Obligatory if committed in respect of a motor vehicle.	3
Article 33	Causing danger to road-users.	(a) Summarily.	(a) 6 months or the statutory maximum or both.	␣	␣	␣
␣	␣	(b) On indictment.	(b) 7 years or a fine or both.	␣	␣	␣
Article 34	Carrying passenger on motor bicycle contrary to Article 34.	Summarily.	Level 3 on the standard scale.	Discretionary.	Obligatory.	3
Article 35	Carrying passenger on a bicycle contrary to Article 35.	Summarily.	Level 1 on the standard scale.	␣	␣	␣
Article 36	Tampering with motor vehicles.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 37	Holding or getting on to vehicle, etc., in order to be towed or carried.	Summarily.	Level 1 on the standard scale.	␣	␣	␣
Article 38	Pedestrian endangering own safety or other's safety.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 39	Passing incorrectly with led horse.	Summarily.	Level 2 on the standard scale.	␣	␣	␣
Article 40	Drunkenness, etc., in charge of horse-drawn vehicle.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 41	Careless, and inconsiderate, driving of horse-drawn vehicle.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 42	Dangerous cycling.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 43	Careless, and inconsiderate, cycling.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 44	Cycling when unfit through drink or drugs.	Summarily.	Level 3 on the standard scale.	␣	␣
Article 45(1)	Unauthorised or irregular cycle racing or trials of speed on public roads.	Summarily.	Level 1 on the standard scale.	␣	␣	␣
Article 45(6)	Contravention of direction of Chief Constable.	Summarily.	Level 1 on the standard scale.	␣	␣	␣
Article 46	Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.	Summarily.	Level 2 on the standard scale.	␣	␣	␣
Article 47	Unauthorised motor vehicle trial on public paths, etc.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 48	Driving mechanically propelled vehicles elsewhere than on roads.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 49	[F9 Contravention of directions]	Summarily.	Level 3 on the standard scale.	Discretionary if committed in respect of a motor vehicleF9 . . .	Obligatory if committed as described in column 5.	3
[F9 Article 50]	[F9 Contravention of traffic signs.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	[F9 Discretionary if committed in respect of a motor vehicle by failure to comply with an indication given by a sign specified for the purposes of this entry in regulations under Article 50(5) of the Order of 1995.]	[F9 Obligatory if committed as described in column 5.]	[F9 3]
Article 54	Using vehicle in dangerous condition, etc.	Summarily.	(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.	[F35 (a) Obligatory if committed within 3 years of a previous conviction of the offender under Article 54.]	Obligatory.	3
␣	␣	␣	(b) Level 4 on the standard scale in any other case.	[F35 (b) Discretionary in any other case.]	␣	␣
Article 56	Breach of requirement as to brakes, steering-gear or tyres.	Summarily.	(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.	Discretionary.	Obligatory.	3
␣	␣	␣	(b) Level 4 on the standard scale in any other case.	␣	␣	␣
[F36 Article 56A]	[F36 Breach of requirements as to control of vehicle, mobile telephones etc.]	[F36 Summarily.]	[F36 (a)   Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers. (b)   Level 3 on the standard scale in any other case.]	[F36 Discretionary.]	[F36 Obligatory.]	[F36 3]
Article 57	Breach of requirement as to weight: goods and passenger vehicles.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 58	Breach of other construction and use requirements.	Summarily.	(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.	␣	␣	␣
␣	␣	␣	(b) Level 3 on the standard scale in any other case.	␣	␣	␣
Article 63	Using, etc., vehicle without required test certificate being in force.	Summarily.	(a) Level 4 on the standard scale in the case of a vehicle adapted to carry more than 8 passengers.	␣	␣	␣
␣	␣	␣	(b) Level 3 on the standard scale in any other case.	␣	␣	␣
Regulations under Article 65 made by virtue of Article 67(2)	Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
[F37 Article 63A]	[F37 Using etc., vehicle without displaying required test certificate.]	[F37 Summarily.]	[F37 Level 1 on the standard scale.]	␣	␣	␣
Article 69(1)	Using, etc., goods vehicle without required plating certificate being in force.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 69(2)	Using, etc., goods vehicle without required goods vehicle test certificate being in force.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 69(3)	Using, etc., goods vehicle where Department is required by regulations under Article 65 to be notified of an alteration to the vehicle or its equipment but has not been notified.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 70	Using goods vehicle with unauthorised weights as well as authorised weights marked on it.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 71	Driver of goods vehicle allowing unauthorised passengers to be carried in vehicle; unauthorised passengers being carried in goods vehicle.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 75	Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Article 75.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 76	Obstructing inspection, etc., of vehicle by examiner or failing to comply with requirement to take vehicle for inspection.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 80	Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or refusing, neglecting or otherwise failing to comply with direction to remove a vehicle found overloaded.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 82	Contravention of regulations requiting goods vehicle operator to inspect, and keep records of inspection of, goods vehicles.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 83	Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 84(1)	Fitting of defective or unsuitable vehicle parts.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 84(3)	Supplying defective or unsuitable vehicle parts.	Summarily.	Level 4 on the standard scale.	␣	␣	␣
Article 84(8)	Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 85	Obstructing examiner testing condition of used vehicles at sale rooms, etc.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 86	Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Article 88	Selling, etc., cycle in contravention of regulations as to brakes, bells, etc.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 90	Selling, etc., wrongly made tail lamps or reflectors.	Summarily.	Level 5 on the standard scale.	␣	␣	␣
Schedule 1 paragraph 4	Applying warranty to equipment, protective helmet, appliance or information in defending proceedings under Article 26, 28 or 29(4) where no warranty given, or applying false warranty.	Summarily.	Level 3 on the standard scale.	␣	␣	␣

F23 2003 c. 44

F24 Sch. 1 Pt. I entry for "Article 11A of the Order of 1995" inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 52(3) (with art. 52(4)); S.R. 2008/293, art. 2, Sch.

F25 Words in Sch. 1 Pt. I relating to entry for "Article 12 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 7; S.R. 2007/302, art. 2, Sch.

F26 Sch. 1 Pt. I entry for "Article 12B of the Order of 1995" inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 53(2) (with art. 53(3)); S.R. 2008/293, art. 2, Sch.

F27 Words in Sch. 1 Pt. I relating to entry for "Article 17 of the Order of 1995" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(h); S.R. 2007/454, art. 2, Sch.

F28 2005 NI 15

F29 Words in Sch. 1 Pt. I relating to entry for "Article 23 of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007 for certain purposes, otherwise prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(a); S.R. 2007/302, art. 2, Sch.

F30 Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(a)

F31 Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(b); S.R. 2007/302, art. 2, Sch.

F32 Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 8; S.R. 2007/302, art. 2, Sch.

F33 Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(c); S.R. 2007/302, art. 2, Sch.

F34 Sch. 1 Pt. I entry for "Article 24A(4) of the Road Traffic (Northern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(b)

F35 Words in Sch. 1 Pt. I relating to entry for "Article 54 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 9(2); S.R. 2007/302, art. 2, Sch.

F36 Sch. 1 Pt. I entry for "Article 56A of the Order of 1995" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 6(3); S.R. 2007/302, art. 2, Sch.

F37 Sch. 1 Pt. I entry for "Article 63A of the Order of 1995" inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(i); S.R. 2007/454, art. 2, Sch.

Offences under this Order

(1)	(2)	(3)	(4)	(5)	(6)	(7)
Provision creating offence	General nature of offence	Mode of prosecution	Punishment	Disqualification	Endorsement	Penalty points
Article 27	Failing to give information as to date of birth or sex to court or to provide Department with evidence of date of birth, etc.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 28	Failing to produce licence and counterpart to court making order for interim disqualification.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 29	Failing to produce licence and counterpart to court for endorsement on conviction of offence involving obligatory or discretionary disqualification.	Summarily.	Level 3 on the standard scale.	␣	␣	␣
Article 67(2)	Removing fixed penalty notice fixed to vehicle.	Summarily.	Level 2 on the standard scale.	␣	␣	␣
Article 72	False statement in response to notice to owner.	Summarily.	Level 5 on the standard scale.	␣	␣	␣

[F9 Offences under the Road Traffic Regulation (Northern Ireland) Order 1997]

[F9 (1)]	[F9 (2)]	[F9 (3)]	[F9 (4)]	[F9 (5)]	[F9 (6)]	[F9 (7)]
[F9 Provision creating offence]	[F9 General nature of offence]	[F9 Mode of prosecution]	[F9 Punishment]	[F9 Disqualification]	[F9 Endorsement]	[F9 Penalty points]
[F9 Article 3]	[F9 Contravention of rule of road or overtaking incorrectly.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 4]	[F9 Contravention of traffic regulation order.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 5]	[F9 Contravention of experimental traffic control scheme.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 7]	[F9 Contravention of temporary prohibition or restriction.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	[F38 Discretionary if committed by contravening temporary speed restriction under Article 7(3)(b).]	[F38 Obligatory if committed as described in column (5).]	[F38 3-6 if as described in column (5)]
[F9 Article 8]	[F9 Contravention of general traffic regulations.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 14(1)]	[F9 Contravention of order as to use of parking place.]	[F9 Summarily.]	[F9 (a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles or in an off-street parking place reserved for such vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.]	␣	␣	␣
␣	␣	␣	[F9 (b) Level 2 on the standard scale in any other case.]	␣	␣	␣
[F9 Article 14(2)]	[F9 Misuse of apparatus for collecting charges or of parking device or connected apparatus.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 14(9)]	[F9 Failure to give information as to identity of driver.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 19(1)]	[F9 Certain contraventions of order relating to designated parking place by driver.]	[F9 Summarily.]	[F9 (a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.]	␣	␣	␣
␣	␣	␣	[F9 (b) Level 2 on the standard scale in any other case.]	␣	␣	␣
[F9 Article 19(3)]	[F9 Other contraventions of order relating to designated parking place by driver or person.]	[F9 Summarily.]	[F9 Level 2 on the standard scale.]	␣	␣	␣
[F9 Article 19(4)]	[F9 Tampering with parking meter.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 22]	[F9 Interference with parking devices or apparatus.]	[F9 Summarily.]	[F9 Level 2 on the standard scale.]	␣	␣	␣
[F9 Article 23]	[F9 Mishandling or faking parking devices, etc.]	[F9 (a) Summarily.]	[F9 The statutory maximum.]	␣	␣	␣
␣	␣	[F9 (b) On indictment.]	[F9 2 years or a fine or both.]	␣	␣	␣
[F9 Article 24]	[F9 Public service vehicle plying for hire in parking place.]	[F9 Summarily.]	[F9 Level 2 on the standard scale.]	␣	␣	␣
[F39 Article 27A]	[F39 Contravention of taxi regulation order]	[F39 Summarily]	[F39 Level 3 on the standard scale]	␣	␣	␣
[F9 Article 30]	[F9 Contravention relating to prescribed warning devices.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 31]	[F9 Failure to provide signs or devices warning of road works.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 33]	[F9 Interference with, or damage to, traffic signs.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 34(1)]	[F9 Placing unauthorised traffic sign. etc.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 34(4)]	[F9 Obstructing removal of traffic sign, etc.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 43]	[F9 Contravening speed limit.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	[F9 Discretionary if committed by exceeding a speed limit.]	[F9 Obligatory if committed as described in column 5.]	[F9 3-6 if as described in column 5.]
[F9 Article 50]	[F9 Obstructing removal of vehicle.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 56]	[F9 Wrongful use of disabled person's badge.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 57]	[F9 Failure to produce disabled person's badge.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣
[F9 Article 59]	[F9 Contravention of regulations relating to pedestrian crossings.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	[F9 Discretionary if committed in respect of a motor vehicle.]	[F9 Obligatory if committed in respect of a motor vehicle.]	[F9 3]
[F9 Article 60]	[F9 Failure to stop at school crossing]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	[F9 Discretionary if committed in respect of a motor vehicle.]	[F9 Obligatory if committed in respect of a motor vehicle.]	[F9 3]
[F9 Article 61(3)]	[F9 Continuing contravention of order as to use of parking place.]	[F9 Summarily.]	[F9 One-tenth of the amount applicable for an offence under Article 14(1) for each day on which the contravention continues.]	␣	␣	␣
[F9 Article 66]	[F9 Contravention of notice relating to use of vehicle on bridge.]	[F9 Summarily.]	[F9 Level 3 on the standard scale.]	␣	␣	␣

F38 Words in Sch. 1 Pt. I relating to entry for "Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 5(1); S.R. 2007/302, art. 2, Sch.

F39 Sch. 1 Pt. I entry for "Article 27A of the Order of 1997" inserted (23.11.2009) by Taxis Act (Northern Ireland) 2008 (c. 4), ss. 21(4), 59; S.R. 2009/352, art. 2, Sch.

PART II N.I. OTHER OFFENCES

(1)	(2)	(3)	(4)
Offence	Disqualification	Endorsement	Penalty points
Manslaughter by the driver of a motor vehicle.	Obligatory.	Obligatory.	3-11
[F40 An offence under section 35 of the Offences against the Person Act 1861 (furious driving).]	[F40 Discretionary.]	[F40 Obligatory if committed in respect of a mechanically propelled vehicle.]	[F40 3–9]
Stealing or attempting to steal a motor vehicle.	Discretionary.	␣	␣
An offence or attempt to commit an offence in respect of a motor vehicle under section 12 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (taking conveyance without consent of owner etc. or, knowing it has been so taken, driving it or allowing oneself to be carried in it).	Discretionary.	␣	␣
An offence under section 24 of the Theft Act (Northern Ireland) 1969 (going equipped for stealing, etc.) committed with reference to the theft or taking of motor vehicles.	Discretionary	␣	␣
F41 . . .	F41 . . .	F41 . . .	F41 . . .
An offence under Article 20 of the Roads (Northern Ireland) Order 1993 of using a special road in contravention of paragraph (1) or (2) of that Article or of regulations made under paragraph (3) of that Article.	Discretionary if committed in respect of a motor vehicle otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest.	Obligatory if committed as mentioned in column 2.	3-6 if committed in respect of a speed restriction or 3 in any other case.

F40 Sch. 1 Pt. II entry inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 58 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F41 1997 NI 2

Article 73.

SCHEDULE 2 N.I. STATUTORY STATEMENTS

PART I N.I. STATUTORY STATEMENT OF OWNERSHIP OR HIRING

1.—(1) or the purposes of Part IV of this Order, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether— N.I.

(a) he was never the owner, or

(b) he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b), stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

(2) An official form for a statutory statement of ownership shall—

(a) indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

2.—(1) For the purposes of Part IV of this Order, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating— N.I.

(a) whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

(b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

(2) An official form for a statutory statement of hiring shall—

(a) indicate that the person providing the statement in pursuance of a notice relating to an offence served under Article 68 by virtue of Article 71 may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b) direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

(3) In sub-paragraph (1) “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in Article 71.

PART II N.I. STATUTORY STATEMENT OF FACTS

3.—(1) For the purposes of Part IV of this Order, a statutory statement of facts is a statement on an official form, signed by the person providing it, which— N.I.

(a) states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

(b) states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

(2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

(3) An official form for a statutory statement of facts shall indicate—

(a) that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

(b) that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

(c) that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c), the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) until 2 months have elapsed from the end of the period so stated without service of a summons in respect of the offence on the person identified in that statement as the driver of the vehicle.

N.I.

Schedule 3—Amendments

N.I.

Schedule 4—Repeals