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Road Traffic (Northern Ireland) Order 1981

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Road Traffic (Northern Ireland) Order 1981, Section 89 is up to date with all changes known to be in force on or before 23 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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Interpretation and transitional provisionsN.I.

89.—(1) In this Part—

authorised officer” means—

(a)

[F1an examiner appointed under Article 74 of the Order of 1995,]

Sub-para. (b) rep. by 1995 NI 18

(c)

an officer of the Department who is authorised by the Department for the purposes of Article 64,

(d)

an authorised inspection officer for the purposes of any relevant Community provision,

(e)

a constable, and

(f)

[F1in relation to functions under Articles 86 and 87 of the Order of 1995, an authorised person within the meaning of Article 86 of that Order;]

driver

(a)

in relation to a motor vehicle, includes any person who is in charge of the vehicle, and, if a separate person acts as steersman, includes that person as well as any other person in charge of the vehicle or engaged in the driving of it, and

(b)

in relation to a trailer, means any person who (in accordance with paragraph ( a) of this definition) is the driver of the motor vehicle by which the trailer is drawn;

foreign goods vehicle” means a goods vehicle—

(a)

which has been brought temporarily into Northern Ireland and does not remain in Northern Ireland for more than 3 months,

(b)

which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom,

(c)

which is not used at any time during the said journey for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom;

foreign public service vehicle” means a public service vehicle which has been brought into Northern Ireland and is not registered in the United Kingdom.

(2) In this Part any reference to driving a vehicle shall, in relation to a trailer, be construed as a reference to driving the motor vehicle by which the trailer is drawn.

(3) In this Part any reference to a motor vehicle drawing a trailer, or to a motor vehicle by which a trailer is drawn, shall be construed as a reference to a motor vehicle to which a trailer is attached for the purpose of being drawn by it; and where, for the purpose of being drawn by a motor vehicle, two or more trailers (one of which is attached to the motor vehicle) are attached to each other, the motor vehicle shall for the purposes of this Part be treated as drawing each of those trailers.

(4) For the purposes of this Part a motor vehicle which does not for the time being have exhibited on it a licence or trade plates issued under[F2 the Vehicle Excise and Registration Act 1994] shall be presumed, unless the contrary is proved, not to be registered in the United Kingdom.

(5) Where, in accordance with paragraph (4), a motor vehicle is presumed not to be registered in the United Kingdom, but is subsequently proved to have been so registered, anything which—

(a)has been done in relation to the vehicle, or in relation to a trailer drawn by it, by a person relying in good faith on that presumption and purporting to act by virtue of any provision of[F1 the Road Traffic Orders], and

(b)would have been lawfully done by virtue of that provision if the vehicle had not been registered in the United Kingdom,

shall be treated as having been lawfully done by virtue of that provision.

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