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Road Traffic (Northern Ireland) Order 1981

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Changes over time for: Cross Heading: Restrictions affecting certain vehicles and drivers

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Road Traffic (Northern Ireland) Order 1981, Cross Heading: Restrictions affecting certain vehicles and drivers is up to date with all changes known to be in force on or before 28 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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Restrictions affecting certain vehicles and driversN.I.

Speed limit on vehicles required to display or displaying distinguishing mark required on vehicles driven by holders of provisional licencesN.I.

19.[F1(1)] [F2Subject to paragraphs (2) and (3),] any person who drives on a road, at a speed exceeding 45 miles per hour, or, as the case may be, such other speed as may be prescribed by regulations made by the Department subject to affirmative resolution—

(a)a motor vehicle on which a distinguishing mark is required to be displayed to indicate that it is being driven by the holder of a provisional licence, or

(b)a motor vehicle displaying such a distinguishing mark, whether or not that distinguishing mark is required to be displayed,

shall be guilty of an offence under this Order.

[F1(2) Paragraph (1) does not apply to a person who drives on a motorway a motor vehicle of such a class as may be prescribed by regulations.]

[F3(3) Paragraph (1) does not apply to a person who drives a category A2 motorcycle or a category A motorcycle while under the supervision of an approved motorcycle instructor or while taking a test of competence prescribed by virtue of Article 5(3).

(4) In paragraph (3) “approved motorcycle instructor”, “category A2 motorcycle” and “category A motorcycle” have the same meaning as in the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996.]

F2Words in art. 19(1) substituted (19.1.2013 immediately after the coming into operation of S.R. 2012/170) by The Motor Vehicles (Driving Licences) (Amendment No. 3) Regulations (Northern Ireland) 2012 (S.R. 2012/451), regs. 1(1), 2(2)(a)

[F4Restrictions on newly qualified driversN.I.

19A.(1) This Article applies to any person who becomes a qualified driver of a motor vehicle of such a class as may be prescribed by passing a test of competence prescribed by virtue of Article 5(3).

(2) After passing that test a person to whom this Article applies shall, for a period of 12 months or such lesser period as may be prescribed ( the period of restriction), be subject to the specified restrictions.

(3) The specified restrictions shall apply to such a person while he is driving on a road a motor vehicle of such a class as may be prescribed, in respect of which he was not, immediately before he passed that test, entitled to hold or obtain a full licence.

(4) In determining the expiration of the period of restriction, any time during which a person is disqualified for holding or obtaining a licence, or holds a provisional licence only, shall be disregarded.

(5) The specified restrictions are—

(a)a requirement that a distinguishing mark of such a nature as may be prescribed shall be displayed in such manner as may be prescribed on 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;

(b)[F5subject to paragraph (5A),] a prohibition on driving on any road at a speed exceeding 45 miles per hour, or such other speed as may be prescribed, any motor vehicle on which the distinguishing mark referred to in sub-paragraph (a) is required to be displayed.

[F6(5A) The restriction specified in paragraph (5)(b) does not apply to a person who after 18th January 2013 has passed a test of competence prescribed by virtue of Article 5(3) in the driving of a category A2 motorcycle or category A motorcycle.

(5B) In paragraph (5A) “category A2 motorcycle” and “category A motorcycle” have the same meaning as in the Motor Vehicle (Driving Licences) Regulations (Northern Ireland) 1996.]

(6) Any person who contravenes any of the specified restrictions shall be guilty of an offence under this Order.

(7) Where the Department grants or returns a licence to any person who, while driving a motor vehicle of any class specified in the licence, will for any period during the currency of the licence be subject to the specified restrictions, the Department shall enter on or affix to the counterpart of the licence a notice or other indication to show—

(a)the period of restriction;

(b)the class of vehicles affected by the specified restrictions; and

(c)that the holder is subject for that period to the specified restrictions while driving vehicles of that class.

(8) This Article does not apply—

(a)to a person who is required to pass a test of competence by virtue of—

(i)an order under Article 41 of the Offenders Order, or

(ii)Article 6 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998;

(b)to such extent and in such circumstances as may be prescribed, to a person holding a licence by reason of a test 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, entitled him to drive motor vehicles in Northern Ireland; or

(c)to the holder of a licence authorising him to drive, or to a person driving, motor vehicles of such classes or in such circumstances as may be prescribed.

(9) In this Article—

(a)period of restriction” has the meaning given in paragraph (2);

(b)the specified restrictions” means the restrictions specified in paragraph (5).

Speed limit on certain vehicles displaying distinguishing mark referred to in Article 19A(3)(a)N.I.

19B.  Any person who drives on a road at a speed exceeding 45 miles per hour, or, as the case may be, such other speed as may be prescribed under Article 19A, a motor vehicle displaying such a distinguishing mark as is referred to in[F7 paragraph (5)(a)] of that Article shall, where he is not subject to the[F7 specified] restrictions within the meaning of that Article while driving that vehicle, be guilty of an offence under this Order.]

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