Road Traffic (Northern Ireland) Order 1981

Grant of licencesN.I.

13.—(1) Subject to[F1the following provisions of this Article] and Article 9 and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, the special provisions of Articles 70 to 79, the Department must grant a licence to a person who [F2meets the relevant residence requirement (see Article 13A) and] —

(a)makes an application for it in such manner and containing such particulars as the Department may specify, and pays the fee (if any) which is prescribed,

(b)provides the Department with such evidence or further evidence in support of the application as the Department may require,

[F3(c)surrenders to the Department—

(i)any previous licence and its counterpart granted to him at some time during the period of 10 years ending on the date of receipt of the application by the Department,

[F4(ia)any Great Britain licence held by him together with F5... its counterpart (if any) issued to him under this Part,]

(ii)any Community licence and its counterpart (if any) issued to him, and

(iii)any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Department with an explanation for not surrendering them which the Department considers adequate, and]

[F6(d)is not —

(i)in accordance with Article 4(3) subject to a current disqualification which is relevant to the licence he applies for; or

(ii)subject to a current disqualification under the law of an EEA State F7... which relates to vehicles of the class, or of a class corresponding to the class, to which the application relates and was imposed while the person was the holder of a licence granted under the law of that State; and

(e)is not prevented from obtaining the licence by the provisions of Article 5 of this Order or Article 6 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998.]

[F8(1A) The Department may under paragraph (1)(a) and (b) in particular require an applicant to provide a photograph which is a current likeness of him.]

[F4(1AA) Where a licence under this Part is granted to a person who surrenders under paragraph (ia) of paragraph (1)(c) his Great Britain licence together with the [F9counterpart] mentioned in paragraph (ia) to the Department—

(a)that person ceases to be authorised by virtue of Article 19E to drive in Northern Ireland a motor vehicle of any class, and

(b)the Department must send the Great Britain licence F10... to the licensing authority in Great Britain together with particulars of the class of motor vehicles to which the licence granted under this Part relates.]

(2) If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in Article 5 shall apply to such a licence.

(3) A provisional licence—

(a)shall be granted subject to prescribed conditions;

(b)shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed;

(c)may, in the case of a person appearing to the Department to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence.

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(e)except as provided under paragraph (3B), shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor[F13 bicycle] [F14 or moped] except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor[F15 bicycle] [F16 or moped] on the road as part of the training.]

[F17(3A) Regulations may make provision as respects the training in the driving of [F18 motor bicycles and mopeds] of persons wishing to obtain licences authorising the driving of such [F18 motor bicycles and mopeds] by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—

(a)the nature of the courses of training;

(b)the approval by the Department of the persons providing the courses and the withdrawal of its approval;

(c)the maximum amount of any charges payable by persons undergoing the training;

(d)certificates evidencing the successful completion by persons of a course of training and the supply by the Department of the forms which are to be used for such certificates; and

(e)the making, in connection with the supply of forms of certificates, of reasonable charges for the discharge of the functions of the Department under the regulations.

(3B) Regulations may prescribe cases in which persons holding a provisional licence are exempt from the restriction imposed by paragraph (3)(e) on their driving under the licence; and the regulations may—

(a)limit the exemption to persons in prescribed circumstances;

(b)limit the exemption to a prescribed period or in respect of driving in a prescribed area;

(c)attach conditions to the exemption; and

(d)regulate applications for, and the issue and form of, certificates evidencing the holder's exemption from the restriction.]

(4) Regulations may authorise or require the Department to refuse a provisional licence authorising the driving of a motor[F3bicycle] [F8or moped] of a prescribed class if the applicant had held such a provisional licence and the licence applied for would come into force within the prescribed period—

(a)beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor [F3bicycle] [F8or moped], or

(b)beginning at such other time as may be prescribed.

F19(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1Words in art. 13(1) substituted (21.2.2011) by Road Traffic (Amendment) (Northern Ireland) Order 1991 (S.I. 1991/197 (N.I. 3)), arts. 1(2), 7(3); S.R. 2011/19, art. 2

F2Words in art. 13(1) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 46(3), 75(3); S.I. 2014/1820, art. 2(d)

F3SR 1996/426

F42003 NI 16

F5Words in art. 13(1)(c)(ia) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 8(a)(i)

F6Art. 13(1)(d)(e) substituted for art. 13(1)(d) (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/170), regs. 1(1), 2(2)(a)

F7Words in art. 13(1)(d)(ii) omitted (31.12.2020) by virtue of The Driving Licences (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/194), regs. 1(1), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

F8SR 2002/374