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The Road Traffic (Amendment) (Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Compulsory training courses for riders of motor cycles

7.—(1) As from the day appointed under Article 1(2) for the coming into operation of this Article, Part II of the principal Order (as substituted by Schedule 1) shall have effect as follows.

(2) In Article 5 (tests of competence to drive)—

(a)after paragraph (2) there shall be inserted the following paragraph—

(2A) Except as provided under paragraph (5A), no person submitting himself for a test of competence to drive a motor cycle shall be permitted to take the test unless he furnishes the prescribed certificate of completion by him of an approved training course for motor cyclists either with his application for an appointment for a test or to the person who is to conduct the test.; and

(b)after paragraph (5), there shall be inserted the following paragraph—

(5A) Regulations may prescribe cases in which persons are exempt from the requirement imposed by paragraph (2A); and the regulations may—

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

(b)limit the exemption to a prescribed period;

(c)attach conditions to the exemption; and

(d)regulate applications for, and the issue and form of, certificates evidencing a person’s exemption from that requirement..

(3) In paragraph (1) of Article 13 (licences to be granted on fulfilment of certain conditions) for the words “paragraph (2)” there shall be substituted the words “the following provisions of this Article”.

(4) In paragraph (3) of that Article (provisional licences), after sub-paragraph (c), there shall be inserted the following—

(d)shall not authorise a person, before he has passed a test of competence to drive, to drive a motor cycle without a sidecar, unless it is a learner motor cycle (as defined in paragraph (5)) or its first use (as defined in regulations) occurred before such date as may be prescribed and the cylinder capacity of its engine does not exceed 125 cubic centimetres; and

(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 cycle 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 cycle on the road as part of the training..

(5) After paragraph (3) of that Article, there shall be inserted the following paragraphs—

(3A) Regulations may make provision as respects the training in the driving of motor cycles of persons wishing to obtain licences authorising the driving of such motor cycles 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..

(6) For paragraph (5) of that Article there shall be substituted the following paragraphs—

(5) A learner motor cycle is a motor cycle which either is propelled by electric power or has the following characteristics—

(a)the cylinder capacity of its engine does not exceed 125 cubic centimetres,

(b)the maximum power output of its engine does not exceed nine kilowatts (as measured in accordance with International Standards Organisation standard 4106-1978.09.01), and

(c)its power to weight ratio does not exceed 100 kilowatts per metric tonne, the power being the maximum power output mentioned in sub-paragraph (b) and the weight that mentioned in paragraph (5A).

(5A) The weight referred to in paragraph (5) is the weight of the motor cycle with a full supply of fuel in its tank, an adequate supply of other liquids needed for its propulsion and no load other than its normal equipment, including loose tools..

(7) In Article 14 (form of issue)—

(a)in paragraph (3) immediately after the word “drive” there shall be inserted “(a)”; and

(b)at the end of that paragraph there shall be added the following—

(b)unless he has passed a test of competence to drive, a motor cycle without a sidecar which, by virtue of Article 13(3)(d), a provisional licence would not authorise him to drive before he had passed that test; or

(c)unless he has passed a test of competence to drive, a motor cycle on a road in circumstances in which, by virtue of Article 13(3)(e), a provisional licence would not authorise him to drive it before he had passed that test..

(8) In Article 19D (Interpretation) after paragraph (1) there shall be inserted the following paragraph—

(1A) In this Part “approved training course for motor cyclists” and, in relation to such a course, “prescribed certificate of completion” mean respectively any course of training approved under, and certificate of completion prescribed in, regulations under Article 13(3A)..

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