Motor Vehicles (Specified Restrictions) Regulations (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 380

ROAD TRAFFIC AND VEHICLES

Motor Vehicles (Specified Restrictions) Regulations (Northern Ireland) 1998

Made

2nd November 1998

Coming into operation

14th December 1998

The Department of the Environment, in exercise of the powers conferred on it by Articles 19A(1), (3), (5) and (8), 214(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Motor Vehicles (Specified Restrictions) Regulations (Northern Ireland) 1998 and shall come into operation on 14th December 1998.

(2) In these Regulations “the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981.

(3) Expressions relating to vehicle categories shall be construed in accordance with regulation 3(2)(a) and (b) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996(2).

Restrictions on drivers

2.  All classes of motor vehicle included in category A (including sub-category A1) and category B (including sub-categories B1 and B1 (invalid carriages)) are prescribed for the purposes of Article 19A(1) and (3) of the 1981 Order.

Distinguishing mark

3.  The following are prescribed for the purposes of Article 19A(5)(a) of the 1981 Order—

(a) the distinguishing mark shall be in the form set out in the Schedule; and

(b) the distinguishing mark shall be displayed in a conspicuous manner on the front and rear of any motor vehicle while it is being driven on a road by a person who is subject to the specified restrictions when driving that vehicle.

Non-application of Article 19A of the 1981 Order

4.  Article 19A of the 1981 Order does not apply to—

(a) any member of the Naval, Military or Air Forces of Her Majesty, while in uniform and driving a motor vehicle which is the property of the Crown;

(b) any member of the Royal Ulster Constabulary while driving a motor vehicle which is being used for police purposes;

(c) the holder of a driving licence granted under the 1981 Order by reason of a test of competence passed by him at a time when he held a licence or permit which, by virtue of an order made under the Motor Vehicles (International Circulation) Act 1952(3), entitled him to drive motor vehicles in Northern Ireland; or

(d) any person while driving a motor vehicle the maximum speed of which is restricted by the Motor Vehicles (Speed Limits) Regulations (Northern Ireland) 1989(4) to 45 miles per hour or less.

Sealed with the Official Seal of the Department of the Environment on

L.S.

J. Ritchie

Assistant Secretary

2nd November 1998.

Regulation 3

SCHEDULE Diagram of distinguishing mark to be displayed

Explanatory Note

(This note is not part of the Regulations.)

Under Article 19A of the Road Traffic (Northern Ireland) Order 1981 (“the 1981 Order”), a person who has passed a test of competence to drive in order to obtain a driving licence must, for a period of 12 months, display a distinguishing mark on his vehicle and must not exceed 45 miles per hour while driving on any road.

The Regulations prescribe the following classes of motor vehicle to which the restrictions apply while being driven by a newly qualified driver—

(a) a class included in category A (including sub-category A1); and

(b) a class included in category B (including sub-categories B1 and B1 (invalid carriages)) (regulation 2).

The Regulations prescribe the form of distinguishing mark to be displayed, namely an ‘R’ plate, and the manner in which it is to be displayed (regulation 3 and Schedule).

The Regulations also provide that Article 19A of the 1981 Order does not apply to certain persons (regulation 4).

(1)

S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department” and “prescribed”; Article 19A is in Part II of the 1981 Order as substituted by Schedule 1 to S.I. 1991/197 (N.I. 3) and was substituted by S.I. 1998/1074 (N.I. 7), Schedule 2, paragraph 3

(2)

S.R. 1996 No. 542 to which there are amendments not relevant to these Regulations

(3)

1952 c. 39

(4)

S.R. 1989 No. 203