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PART XIIIN.I.GENERAL PROVISIONS AS TO OFFENCES, ENFORCEMENT, EVIDENCE AND PROCEEDINGS

N.I.

Articles 139-140 rep. by 1996 NI 10

Article 141 rep. by 1991 NI 3

Articles 142-149 rep. by 1995 NI 18

Articles 150-152 rep. by 1996 NI 10

Articles 152A, 153 rep. by 1995 NI 18

Other offences involving want of due care and attentionN.I.

Driving with uncorrected defective eyesightN.I.

154.—(1) If a person drives a motor vehicle on a road while his eyesight is such (whether through a defect which cannot be or one which is not for the time being sufficiently corrected) that he cannot comply with any requirement as to eyesight prescribed under Part II for the purposes of tests of competence to drive, he shall be guilty of an offence under this Order.

(2) A constable having reason to suspect that a person driving a motor vehicle may be guilty of an offence under paragraph (1) may require him to submit to a test for the purpose of ascertaining whether, using no means of correction other than he used at the time of driving, he can comply with the requirement as to eyesight prescribed under Part II for the purposes of tests of competence to drive; and if that person refuses to submit to the test he shall be guilty of an offence under this Order.

Articles 155-157 rep. by 1997 NI 2

Articles 158-162 rep. by 1995 NI 18

Article 163 rep. by 1983 NI 8

Articles 164, 165 rep. by 1995 NI 18

Other offencesN.I.

Applying for or obtaining driving licence or provisional licence while disqualifiedN.I.

166.—(1) Any person who applies for or obtains a driving licence or a provisional licence while disqualified for holding or obtaining such a licence either—

(a)by[F1 Article 17(1)], or

(b)by or under any other provision of this Order,[F2 or]

[F2(c)by or under the Offenders Order]

shall be guilty of an offence under this Order.

(2) A licence obtained in contravention of this Article shall be of no effect.

[F1(3) In the application of paragraphs (1) and (2) to a person whose disqualification is limited by virtue of Article 17, 18 or 74 to the driving of a motor vehicle of a particular class, the references to disqualification for holding or obtaining a licence are references to holding or obtaining a licence to drive motor vehicles of that class.]

Driving a motor vehicle, or causing or permitting a person to drive a motor vehicle, while disqualifiedN.I.

167.—(1) Any person who, while disqualified for holding or obtaining a driving licence or a provisional licence, either—

(a)by[F3 Article 17(1)], or

(b)by or under any other provision of this Order,[F4 or]

[F4(c)by or under the Offenders Order]

drives on a road—

(i)a motor vehicle, or

(ii)if the disqualification is limited to the driving of a motor vehicle of a particular class or description, a motor vehicle of that class or description,

shall be guilty of an offence under this Order.

(2) Paragraph (1)(a) does not apply to a person who drives a vehicle of any class in circumstances in which he is permitted by virtue of regulations under[F3 Article 17(2)] to hold or obtain a driving licence or a provisional licence to drive a vehicle of that class and who does so in accordance with any conditions or with the terms of any exemption which would be applicable in his case by virtue of the regulations.

(3) Where a person is disqualified by[F3 Article 17(1)] for holding or obtaining a driving licence or a provisional licence to drive on a road a motor vehicle of any class, or would be so disqualified were it not for the provisions of, or anything done under, regulations under[F3 Article 17(2)], any person who causes or permits him to drive on a road a motor vehicle of that class otherwise than in circumstances, and in accordance with conditions or within the terms of an exemption, specified in or under the regulations shall be guilty of an offence under this Order.

Articles 54 and 57 of the Magistrates' Courts (Northern Ireland) Order 1981 not to apply to Articles 166 and 167N.I.

168.  Articles 54 and 57 of the Magistrates' Courts (Northern Ireland) Order 1981 (which empower a magistrates' court to impose a fine or order detention within the court precincts or at a police station in lieu of imprisonment), shall not apply to offences under Article 166 or 167 of this Order.

Valid from 15/11/2007

[F5[F6Applying for or obtaining a driving licence, or driving, while disqualifiedN.I.

168A.(1) Subject to paragraphs (3) and (4), a person is guilty of an offence if, while disqualified for holding or obtaining a driving licence, he–

(a)applies for a licence, or

(b)obtains a licence, or

(c)drives a motor vehicle on a road.

(2) A licence obtained by a person who is disqualified is of no effect (or, where the disqualification relates only to vehicles of a particular class, is of no effect in relation to vehicles of that class).

(3) Paragraph (1)(a) and (b) do not apply in relation to disqualification by virtue of Article 17.

(4) Paragraph (1)(c) does not apply in relation to disqualification by virtue of Article 18.

(5) In the application of paragraph (1) to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of–

(a)Article 18, 74 or 74A, or

(b)paragraph (9) of Article 41 of the Offenders Order (disqualification until test is passed),

the references to disqualification for holding or obtaining a licence, applying for a licence and driving motor vehicles are references to disqualification for holding or obtaining a licence to drive, applying for a licence for and driving motor vehicles of that class.]

Article 169 rep. by 1996 NI 10

Article 170 rep. by 1995 NI 18

Vehicle causing obstructionN.I.

Taking vehicle without owner's consent or other authorityN.I.

172.(1) Subject to paragraph (2), any person who, without having the consent of the owner or other lawful authority, takes or attempts to take, a motor vehicle, trailer orF7. . . cycle for his own or another's use or, knowing that any motor vehicle, trailer orF7. . . cycle has been taken without such authority, drives or attempts to drive it or allows himself to be carried in or on it shall be guilty of an offence under this Order.

(2) If on proceedings on indictment for an offence under this Article the jury is satisfied, or, on summary proceedings under this Article the court is satisfied, that the defendant acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked for it, the defendant shall not be liable to be convicted of the offence.

(3) On the trial of any indictment for the theft of a motor vehicle, trailer orF7. . . cycle, the jury may acquit the defendant of theft and find him guilty of an offence under this Article.

(4) A court of summary jurisdiction dealing summarily with the offence of theft of a motor vehicle, trailer orF7. . . cycle may acquit the defendant of that offence and find him guilty of an offence under this Article.

[F8Aggravated vehicle-takingN.I.

172A.(1) Subject to paragraph (3), a person is guilty of aggravated taking of a motor vehicle if—

(a)he commits an offence under Article 172(1) (in this Article referred to as a basic offence) in relation to a motor vehicle; and

(b)it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in sub-paragraphs (a) to (d) of paragraph (2).

(2) The circumstances referred to in paragraph (1)(b) are—

(a)that the vehicle was driven dangerously on a road or other public place;

(b)that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;

(c)that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;

(d)that damage was caused to the vehicle.

(3) A person is not guilty of an offence under this Article if he proves that, as regards any such proven driving, injury or damage as is referred to in paragraph (1)(b), either—

(a)the driving, accident or damage referred to in paragraph (2) occurred before he committed the basic offence; or

(b)he was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred.

(4) If a person who is charged with an offence under this Article is found not guilty of that offence but it is proved that he committed a basic offence, he may be convicted of the basic offence.

(5) For the purposes of this Article a vehicle is driven dangerously if—

(a)it is driven in a way which falls far below what would be expected of a competent and careful driver; and

(b)it would be obvious to a competent and careful driver that driving the vehicle in that way would be dangerous.

(6) For the purposes of this Article a vehicle is recovered when it is restored to its owner or to other lawful possession or custody.

Aggravated vehicle-taking causing death or grievous bodily injuryN.I.

172B.(1) A person is guilty of an offence under this Article if—

(a)he commits an offence under Article 172A(1) (in this Article referred to as a basic offence) in relation to a motor vehicle; and

(b)it is proved that, in circumstances falling within Article 172A(2)(b), the accident caused the death of, or grievous bodily injury to, the person concerned.

(2) If a person who is charged with an offence under this Article is found not guilty of that offence but it is proved that he committed a basic offence or an offence under Article 172A, he may be convicted of that offence.

Article 173 rep. by 1995 NI 18

False statements in connection with forgery of, and fraudulent use of, documents; issue of false insurance certificate and powers of seizureN.I.

174.—(1) A person shall be guilty of an offence under this Order who—

(a)in connection with an application for any licence or a goods vehicle certificate under the provisions of[F9 the Road Traffic Orders], knowingly makes a declaration which is false or is misleading in any material respect;

(b)being required by any provision of[F9 the Road Traffic Orders] or of any regulations made under[F9 the Road Traffic Orders] to furnish particulars in connection with any such application as aforesaid or otherwise in connection with any vehicle, knowingly furnishes particulars which are false or are misleading in any material respect;

(c)for the purpose of obtaining the issue of a certificate of insurance or a certificate of security under Article 92 or 93, knowingly makes a statement which is false, or withholds any material information;

(d)issues a certificate of insurance or certificate of security under Article 92 or 93 which he knows to be false in any material particular.

(2 )F10 F11A person who forges, or fraudulently alters or uses, or fraudulently lends to, or allows to be used by, any other person, any mark for identifying a vehicle, any badge,[F12 any document which, in pursuance of Article 5(3), is issued as evidence of the result of a test of competence to drive,] any licence or goods vehicle certificate under[F9 the Road Traffic Orders], any certificate of insurance or certificate of security under Article 92 or 93,[F13 any certificate required as a condition of any exception prescribed under[F9 Article 23 of the Order of 1995][F14 or a certificate of a kind referred to in Article 37(1) of the Offenders Order]] or a certificate prescribed by regulations under Article 132 or produces any document as evidence of insurance in pursuance of Regulation 6 of the European Communities (Motor Vehicles: Compulsory Insurance) (Northern Ireland) Regulations 1973 [SRO 1973/448] shall be guilty of an offence under this Order.

(3) If a member of the Royal Ulster Constabulary has reason to believe that a certificate of insurance or a certificate of security or a driving licence or a provisional licence[F12 or a document issued in pursuance of Article 5(3) as evidence of the result of a test of competence to drive] produced to him under[F12 this Order] by the driver of a motor vehicle is a document in relation to which an offence has been committed under this Article, he may seize the document; when the document is seized under this Article the person from whom it was taken shall, unless the document has been previously returned to him or he has been previously charged with an offence under this Article, be summoned before a magistrates' court to account for his possession of the document, and the court shall make such order respecting the disposal of the document and award such costs as the justice of the case may require.

(4) Where in any proceedings under this Article any question arises as to the number of vehicles used, or as to the character, weight or horsepower of any vehicle, or as to the number of persons seated by a vehicle, or as to the purpose for which any vehicle has been used, the burden of proof in respect of the matter in question shall lie on the accused person.

(5) In this Article “certificate of insurance” and “certificate of security” include any document issued under regulations made by the Department under Article 103 which prescribe the evidence which may be produced in lieu of a certificate of insurance or a certificate of security.

[F15(6) In paragraph (3), “driving licence” means a licence to drive under Part II[F16, a Great Britain licence] or a Community licence or counterpart of any such licences and “counterpart” and “Community licence” have the same meanings as in Part II.]

F10mod. by SR 1989/238

F11mod. by SR 1994/365

F15SR 1996/426

Article 174A rep. by 1997 NI 2

Article 174B rep. by 1996 NI 10]]

Duties on occurrence of accidents and identification of personsN.I.

Duties on occurrence of an accident caused by presence of a[F17 mechanically propelled vehicle]N.I.

175.—(1) If in any case, owing to the presence on a road or other public place of a[F17 mechanically propelled vehicle], an accident occurs whereby—

(a)injury is caused to any person other than the driver of that vehicle; or

(b)injury is caused to any animal other than an animal in or on that vehicle or owned by the driver of that vehicle; or

(c)damage is caused to any property other than that vehicle or property in or on that vehicle or property of the driver or owner of that vehicle,

the following provisions of this paragraph shall have effect—

(i)the driver of the vehicle shall, if the vehicle is not stationary after the occurrence of the accident, stop the vehicle,

(ii)the driver of the vehicle shall keep the vehicle stationary at or near the place where the accident occurred for such period as is reasonable in all the circumstances having regard to the provisions of sub-paragraph (iii),

(iii)the driver of the vehicle shall give to any constable on demand and to any other person who on reasonable grounds requires him to do so, his name and address, the name and address of the owner of the vehicle and the identification mark or number of the vehicle,

(iv)the driver of the vehicle shall if for any reason he does not give the particulars mentioned in sub-paragraph (iii) or (whether or not those particulars are given) the accident has directly or indirectly resulted in injury to any other person, forthwith report the accident and give those particulars[F17 and, where the vehicle is a motor vehicle, produce] his certificate (within the meaning of Article 97(4)) at a police station or to a member of the Royal Ulster Constabulary so, however, that it shall be a good defence to any person charged under paragraph (2) with a contravention of the provisions of this sub-paragraph to prove that he had good cause for such contravention and that he reported the accident and gave the particulars at a police station or to a member of the Royal Ulster Constabulary as soon as was reasonably practicable after the occurrence of the accident.

(2) Every person who knowingly contravenes any of the provisions of paragraph (1) shall be guilty of an offence under this Order.

Paras. (3)(4) rep. by 1996 NI 10

(5) Where an accident occurs owing to the presence on a road or other public place of a[F17 mechanically propelled vehicle] and that vehicle was being driven or, when last driven before the accident had been driven, by some person other than the owner of the vehicle, the owner shall give to any constable on demand all such information in his possession or procurement as may assist the constable in obtaining the name and address of the driver of the vehicle at the time of the accident or of the last driver of the vehicle prior to the accident and any person who acts in contravention of this paragraph shall be guilty of an offence under this Order.

(6) In this Article and Article 176—

animal” means any horse, cattle, ass, mule, hinny, sheep, pig, goat or dog;

injury” in relation to a person means personal injury and in relation to a person or animal includes injury resulting in death.

Duties on occurrence of other accidentsN.I.

176.—(1) If in any case, owing to the presence on a road or other public place of a vehicle, not being a[F18 mechanically propelled vehicle], or an animal, an accident occurs whereby—

(a)injury is caused to any person other than a person driving, riding or in charge of that vehicle or animal, as the case may be; or

(b)injury is caused to any animal other than the first-mentioned animal or an animal owned by, or at the time of the occurrence of the accident in the charge of, the person driving, riding or in charge of the vehicle or first-mentioned animal, as the case may be; or

(c)damage is caused to any property other than property owned by, or at the time of the occurrence of the accident in the charge of, the person driving, riding or in charge of the vehicle or first-mentioned animal, as the case may be,

the person driving, riding or in charge of the vehicle or first-mentioned animal shall stop and shall give to any constable on demand and to any other person who on reasonable grounds requires him to do so, his name and address and, where he is not the owner of the vehicle or first-mentioned animal, the name and address of the owner and, if for any reason he does not give those particulars or (whether or not those particulars are given) the accident has directly or indirectly resulted in injury to any other person, forthwith report the accident and give those particulars at a police station or to a member of the Royal Ulster Constabulary.

(2) Subject to paragraph (3), every person who knowingly contravenes any of the provisions of paragraph (1) shall be guilty of an offence under this Order.

(3) It shall be a good defence to any person charged under paragraph (2) with a contravention of the provisions of paragraph (1) requiring him forthwith to report the accident and give the said particulars to prove that he had good cause for the contravention and that he reported the accident and gave the particulars at a police station or to a member of the Royal Ulster Constabulary as soon as was reasonably practicable after the occurrence of the accident.

Identification of drivers or owners of, and passengers in, vehiclesN.I.

177.[F19(1)] Where the driver of a vehicle is alleged to be guilty of an offence[F19 to which this Article applies]

(a)the driver of the vehicle shall on demand give to a constable his correct name and address and where the driver is not the owner of the vehicle, that of the owner and any other information concerning the vehicle (including the names and addresses of any passengers carried in or on the vehicle at the time of the alleged offence) which it is in his power to give and, if he fails to do so, he shall be guilty of an offence under this Order;

(b)the owner of the vehicle shall give such information as he may be required by a constable to give as to the identity of the driver, and, if he fails to do so, he shall be guilty of an offence under this Order, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver was; and

(c)any other person shall, if required as aforesaid, give any information which it is in his power to give and which may lead to the identification of the driver or owner of the vehicle, and, if he fails to do so, he shall be guilty of an offence under this Order.

[F19(2) This Article applies to—

(a)an offence under any provision of the Road Traffic Orders,

(b)an offence under Article 27, 28 or 29 of the Offenders Order,

(c)an offence under any other enactment relating to the use of vehicles on roads,F20. . .

(d)an offence of manslaughter committed by the driver of a motor vehicle[F20 and]

[F20(e)an offence under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978.]]

Identification of pedal cyclistsN.I.

178.  A constable may require anyF21. . . cyclist who appears to him to have committed an offence under[F21 Article 42, 43 or 44 of the Order of 1995] to give his correct name and address, and if that person fails to do so he shall be guilty of an offence under this Order.

Identification of pedestriansN.I.

179.—(1)  If a constable has reasonable cause to believe that any pedestrian has committed any offence under[F22 the Road Traffic Orders] or any regulations made under[F22 the Road Traffic Orders], he may require him to give his name and address.

(2) Any person who fails to give his name and address as required by paragraph (1) shall be guilty of an offence under this Order.

Enforcement powers and powers of arrestN.I.

Enforcement powers of constableN.I.

180.—(1) A constable in uniform may require any person driving a[F23 mechanically propelled vehicle on a road or other public place or any person riding a cycle] on a road or other public place to stop, and any person who fails to stop when he is so required shall be guilty of an offence under this Order.

(2 )F24 F25A constable may require the production for examination of the driving licence, provisional licence, certificate of insurance,[F23 test certificate or goods vehicle test certificate]F26 of any person—

(a)who is driving a motor vehicle on a road; or

(b)whom he reasonably suspects to have been involved in an accident on a road[F27 or other public place]; or

(c)whom he reasonably suspects to have committed an offence under[F23 the Road Traffic Orders].

(3 )F24 F25If any condition of a provisional licence requires the holder of that provisional licence while driving or learning to drive a motor vehicle to be under the supervision of or to be accompanied by the holder of a driving licence a constable may at any time require the holder of the driving licence to produce his driving licence for examination.

[F28(3A) A person required by a constable under paragraph (2) or (3) to produce his licence must in prescribed circumstances, on being required to do so by the constable, state his date of birth.

(3B) Where a person has been required under[F29 Article 37A of the Child Support (Northern Ireland) Order 1991 or] Article 28 or 29 of the Offenders Order to produce a licence and its counterpart to the court and fails to do so, a constable may require him to produce them and, upon their being produced, may seize them and deliver them to the court.]

(4 )F24 F25If any person fails to produce his licence or certificate of insurance or[F23 test certificate or goods vehicle test certificate]F26 immediately when asked for it or, alternatively, to bring it in person within[F28 7 days] after the production of his licence or certificate of insurance or[F23 test certificate or goods vehicle test certificate]F26 was so required to such police station as the person so failing shall have specified at the time its production was required, he shall be guilty of an offence under this Order.

[F28F26(4AA) Paragraph (4) does not apply where a person required on any occasion under the preceding provisions of this Article to produce his licence and its counterpart—

(a)produces on that occasion a current receipt for the licence and its counterpart issued under Article 62 of the Offenders Order and, if required to do so, produces the licence and its counterpart in person immediately on their return at a police station that was specified on that occasion, or

(b)within 7 days after that occasion produces such a receipt in person at a police station that was specified by him on that occasion and, if required to do so, produces the licence and its counterpart in person immediately on their return at that police station.

(4AB) Where in accordance with this Article a person has stated his date of birth to a constable, the Department may serve on that person a notice in writing requiring him to provide the Department—

(a)with such evidence in that person's possession or obtainable by him as the Department may specify for the purpose of verifying that date; and

(b)if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,

and a person who knowingly fails to comply with a notice under this paragraph is guilty of an offence.]

(7) Any person who obstructs any constable in the exercise of any powers conferred under[F23 the Road Traffic Orders shall, without prejudice to any other provision of those Orders,][F28 or who fails to state his date of birth when required under paragraph (3A) to do so] be guilty of an offence under this Order.

[F30(8) In this Article “licence” means a licence to drive under Part II[F31, a Great Britain licence] or a Community licence or counterpart of any such licences, and “Community licence”, “counterpart[F31 Great Britain licence], and “provisional licence”, have the same meanings as in Part II.]

[F32(9) In paragraphs (2) and (4)—

(a)a reference to a test certificate includes a reference to a certificate of temporary exemption issued by virtue of paragraph (7A) of Article 63 of the Order of 1995; and

(b)a reference to a goods vehicle test certificate includes a reference to a certificate of temporary exemption issued by virtue of paragraph (5) of Article 69 of that Order.]

F24mod. by SR 1989/238

F25mod. by SR 1994/365

F26prosp. insertion by 1995 NI 18

F27SR 2000/331

F30SR 1996/426

Powers of vehicle examiners as respects goods vehicles and passenger-carrying vehiclesN.I.

[F33180A.  An examiner appointed under Article 74 of the Order of 1995 may, on production if required of his authority, exercise in the case of goods vehicles or passenger-carrying vehicles of any prescribed class all such powers as are, under Article 180, exercisable by a constable.]

Valid from 09/06/2008

[F34Power to seize vehicles driven without insuranceN.I.

180B.(1) Paragraph (4) applies if any of the following conditions is satisfied.

(2) The first condition is that–

(a)a constable in uniform requires, under Article 180(2), a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Article 90;

(b)the person fails to produce such evidence; and

(c)the constable has reasonable grounds for believing that the vehicle is or was being so driven.

(3) The second condition is that–

(a)a constable in uniform requires, under Article 180(1), a person driving a motor vehicle to stop the vehicle;

(b)the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate; and

(c)the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of Article 90.

(4) Where this paragraph applies, the constable may–

(a)seize the vehicle in accordance with paragraphs (5) and (6) and remove it;

(b)enter, for the purpose of exercising a power falling with sub-paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;

(c)use reasonable force, if necessary, in the exercise of any power conferred by sub-paragraph (a) or (b).

(5) Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of Article 90 that he will seize it if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that Article.

But the constable is not required to give him such a warning if the circumstances make it impracticable for him to do so.

(6) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.

(7) The powers conferred on a constable by this Article are exercisable only at a time when regulations under Article 180C are in operation.

(8) In this Article–

(a)a reference to a motor vehicle does not include an invalid carriage;

(b)a reference to evidence that a motor vehicle is not or was not being driven in contravention of Article 90 is a reference to a document or other evidence within Article 103(1)(b);

(c)private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.]

Valid from 09/06/2008

Retention etc. of vehicles seized under Article 180BN.I.

[F34180C.(1) The Secretary of State may by regulations make provision as to–

(a)the removal and retention of motor vehicles seized under Article 180B; and

(b)the release or disposal of such motor vehicles.

(2) Regulations under paragraph (1) may, in particular, make provision–

(a)for the giving of notice of seizure of a motor vehicle under Article 180B to a person who is the registered keeper, the owner or the driver of that vehicle;

(b)for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under Article 180B may seek to have it released;

(c)for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;

(d)as to the circumstances in which a motor vehicle seized under Article 180B may be disposed of;

(e)as to the destination–

(i)of any fees, charges or costs payable in accordance with the regulations;

(ii)of the proceeds (if any) arising from the disposal of a motor vehicle seized under Article 180B.

(3) Regulations under paragraph (1) must provide that a person who would otherwise be liable to pay any fee, charge or cost under the regulations is not liable to pay it if–

(a)he was not driving the motor vehicle at the time in question, and

(b)he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.

(4) Regulations under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

(5) In this Article registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.]

Power to arrest persons resident outside United KingdomN.I.

181.—(1) A person who, being resident outside the United Kingdom, commits in Northern Ireland an offence to which this Article applies may be arrested without warrant by a constable and detained until he enters into a recognizance under the[F35 Magistrates' Courts (Northern Ireland) Order 1981] to appear before a magistrates' court to answer a complaint charging that offence.

(2) The offences to which this Article applies are—

(a)any offence under Article 90;

[F36(b)any offence under Article 9 of the Order of 1995;

(bb)any offence under Article 10 of the Order of 1995;]

Sub-para. (c) rep. by 1991 NI 3

Articles 182-186 rep. by 1996 NI 10

Article 187 rep. by 1997 NI 2

Articles 188-204 rep. by 1996 NI 10