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Road Traffic (Amendment) Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

PART 2LEARNER AND NEW DRIVERS

Minimum period for which provisional licence to be held in certain cases

12.  The amendments of the Order of 1981 made by section 16 do not apply, for a period of 6 months beginning with the day on which the amendments are commenced, in relation to a person whose provisional licence was granted before that dayTraining of provisional licence holders in certain cases etc.

Training of provisional licence holders in certain cases etc.

13.  The amendment of the Order of 1981 made by section 17(2) does not apply, for a period of 6 months beginning with the day on which the amendment is commenced, in relation to a person whose provisional licence, or relevant permit, was granted before the commencement of the amendment.

14.  In paragraph 13, “relevant permit” means a licence or permit which, by virtue of an Order made under the Motor Vehicles (International Circulation) Act 1952, entitles the person to drive a category B motor vehicle or motor bicycle in Northern Ireland.

15.  Until the commencement of the amendments (by Article 40(5) of, and Schedule 5 to, the Order of 2007) of the Order of 1981 (removal of references to counterpart to licence)—

(a)Article 15ZA of that Order (inserted by section 18(1)(c)) has effect as if—

(i)the reference in paragraph (2)(b) to “licence” were a reference to “licence and its counterpart”,

(ii)the reference in paragraph (3) to “licence”, where it second occurs, were a reference to “licence and its counterpart”,

(iii)the reference in paragraph (5)(a) to “licence” were a reference to “licence and its counterpart” and the reference to “it”, in both places where it occurs, were a reference to “them”,

(iv)the reference in paragraph (5)(b) to “licence” were a reference to “licence and its counterpart” and the reference to “its” were a reference to “their”,

(b)the entry in Part 1 of Schedule 1 to the Offenders Order (prosecution and punishment of offences under the Road Traffic Orders) for offences under Article 15ZA(4) of the Order of 1981 (inserted by section 18(2)) has effect as if the reference in column 2 to “licence”, where it third occurs, were a reference to “licence and its counterpart”.

Restrictions in Articles 19 and 19A of the Order of 1981: learner and new drivers

16.  Notwithstanding their repeal by this Act, the following provisions continue to apply (and accordingly also continue in operation), for a period of 6 months beginning with the day on which the repeals are commenced, in relation to a person whose provisional licence was granted before that day—

(a)Article 19 of the Order of 1981 (speed limit of 45 miles per hour for provisional licence holders),

(b)the entry, in Part 1 of Schedule 1 to the Offenders Order (prosecution and punishment of offences under the Road Traffic Orders) for offences under that Article.

17.  Where, immediately before the day on which section 19 is commenced, a person is subject to Article 19A of the Order of 1981 (specified restrictions on newly qualified drivers for a 12 month period of restriction), the following continue to apply (and accordingly also continue in operation) after that day in respect of the person—

(a)Article 19A (instead of Articles 19AB and 19AC, substituted by section 19 for Articles 19A and 19B),

(b)the entry in Part 1 of Schedule 1 to the Offenders Order for offences under that Article.

18.  Where immediately before the day on which section 19 is commenced, a person holds a provisional licence, the person on passing a test of competence to drive on or after that day but before the expiry of the period of 6 months after that day, becomes subject to Article 19A of the Order of 1981 (restrictions on newly qualified drivers for a 12 month period of restriction) (instead of Articles 19AB and 19AC, substituted by section 19 for Articles 19A and 19B); and Article 19A (and the entry in Part 1 of Schedule 1 to the Offenders Order for offences under Article 19A) continue in operation accordingly for that period of 12 months.

19.  Until the commencement of the amendment (by Article 86 of, and Schedule 8 to, the Order of 2007) of Article 4(3)(a) of the New Drivers Order (removal of reference to counterpart to licence), Article 5(1ZC)(b)(ii) of, and paragraph 8(1ZC)(b) of Schedule 1 to, the New Drivers Order (inserted by section 20(2)(c) and (4)(c)(iii)) have effect as if the reference there to “licence” were a reference to “licence and its counterpart”.

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