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Road Traffic (Northern Ireland) Order 1981

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Road Traffic (Northern Ireland) Order 1981, Section 15B is up to date with all changes known to be in force on or before 21 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Information about resident Community licence holdersN.I.

15B.—(1) A Community licence holder who—

(a)is normally resident in Northern Ireland, and

(b)is authorised by his Community licence to drive medium-sized or large goods vehicles or passenger-carrying vehicles of any class,

shall, on or before the expiry of the period of twelve months beginning with the relevant date, deliver his Community licence to the Department and provide it with the information specified in, or required under, paragraph (4).

(2) Paragraph (1) shall not apply to a Community licence holder from whom the Department has received a qualifying application (within the meaning of Article 4(2)) for the grant of a licence under this Part.

(3) The Department may issued to any Community licence holder who—

(a)is normally resident in Northern Ireland, and

(b)has delivered his Community licence to the Department, and provided it with the information specified in, or required under, paragraph (4), (whether or not in pursuance of this Article),

a document (referred to in this Part in relation to a Community licence as a “counterpart”) in such form and containing such information as the Department may determine but designed for the endorsement of particulars relating to the Community licence.

(4) The information referred to in paragraphs (1) and (3) is—

(a)the name and address in Northern Ireland of the Community licence holder;

(b)his date of birth;

(c)the classes of vehicle which he is authorised by his Community licence to drive;

(d)the period of validity of the Community licence in the EEA State in respect of which it was issued;

(e)whether the licence was granted in exchange for a licence issued by a state other than an EEA State; and

(f)such other information as the Department may require for the purposes of the proper exercise of any of its functions under this Part or Part V.

(5) The Department—

(a)may endorse a Community licence delivered to it (whether or not in pursuance of this Article) in such manner as it may determine with any part of the information specified in, or required under, paragraph (4) or with information providing a means of ascertaining that information or any part of it, and

(b)must return the Community licence to the holder.

(6) Where it appears to the Department that a counterpart of a Community licence—

(a)is required to be endorsed in pursuance of any enactment or was issued with an error or omission in the information contained in it or in the particulars required to be endorsed on it, or

(b)does not comply with any requirement imposed since it was issued by any provision made by, or having effect under, any enactment,

the Department may serve notice in writing on the Community licence holder requiring him to surrender the counterpart immediately to the Department and it shall be the duty of the Community licence holder to comply with any such requirement.

(7) Where the name or address of a Community licence holder as specified in the counterpart of his Community licence issued to him under this Article ceases to be correct, the Community licence holder must surrender the counterpart and, in the case of a change of name, deliver his Community licence, immediately to the Department and provide it with particulars of the alterations falling to be made in the name or address.

(8) On the surrender of a counterpart of a Community licence by any person in pursuance of paragraph (6) or (7), the Department must issue to that person a new counterpart of the Community licence.

(9) On the delivery of a Community licence by any person in pursuance of paragraph (7), the Department may endorse the Community licence with the correct name and must return the Community licence to that person.

(10) Where a Community licence holder has not complied with paragraph (1), the Department may serve notice in writing on the holder requiring him to deliver his Community licence to the Department and to provide it with the information specified in, or required under, paragraph (4) within such period (not being less than 28 days from the date of service of the notice) as is specified in the notice.

(11) A person who drives a motor vehicle on a road is guilty of an offence if he fails without reasonable excuse—

(a)to comply with a requirement contained in a notice served on him in pursuance of paragraph (10), or

(b)to compy with a requirement imposed under paragraph (6) or (7).

(12) Where a Community licence holder who is required under paragraph (6) or (7) to surrender the counterpart of his Community licence or to deliver his Community licence is not in possession of it in consequence of the fact that he has surrendered it to a constable on receiving a fixed penalty notice given to him under Article 199, he does not fail to comply with that requirement if he surrenders the counterpart or delivers the Community licence immediately on its return.

(13) Proceedings for an offence by virtue of paragraph (11)(a) shall not be instituted except by the Department or by a constable.

(14) In this Article “relevant date” has the meaning given by Article 15A(8).

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