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The Road Traffic Offenders (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Disqualification until test is passed

41.—(1) Where this paragraph applies to a person the court must order him to be disqualified until he passes the appropriate driving test.

(2) Paragraph (1) applies to a person who is disqualified under Article 35 on conviction of—

(a)manslaughter by the driver of a motor vehicle, or

(b)an offence under Article 9 of the Order of 1995 (causing death, or grievous bodily injury, by dangerous driving) or Article 10 of that Order (dangerous driving).

(3) Paragraph (1) also applies—

(a)to a person who is disqualified under Article 35 or 40 in such circumstances or for such period as the Department may by order prescribe, or

(b)to such other persons convicted of such offences involving obligatory endorsement as may be so prescribed.

(4) Where a person to whom paragraph (1) does not apply is convicted of an offence involving obligatory endorsement, the court may order him to be disqualified until he passes the appropriate driving test (whether or not he has previously passed any test).

(5) In this Article—

“appropriate driving test” means—

(a)

an extended driving test, where a person—

(i)

is convicted of such an offence as the Department may by order prescribe, or

(ii)

is disqualified under Article 40,

(b)

a test of competence to drive, other than an extended driving test, in any other case,

“extended driving test” means a test of competence to drive prescribed by the Department by order for the purposes of this Article, and

“test of competence to drive” means a test prescribed by virtue of Article 5(3) of the Order of 1981.

(6) In determining whether to make an order under paragraph (4), the court shall have regard to the safety of road users.

(7) Where a person is disqualified until he passes the extended driving test—

(a)any earlier order under this Article shall cease to have effect, and

(b)a court shall not make a further order under this Article while he is so disqualified.

(8) Subject to paragraph (9), a disqualification by virtue of an order under this Article shall be deemed to have expired on production to the Department of evidence, in such form as may be prescribed by regulations under Article 5(3) of the Order of 1981, that the person disqualified has passed the test in question since the order was made.

(9) A disqualification shall be deemed to have expired only in relation to vehicles of such classes as may be prescribed in relation to the test passed by regulations under that Article.

(10) Where there is issued to a person a licence on the counterpart of which are endorsed particulars of a disqualification under this Article, there shall also be endorsed the particulars of any test of competence to drive that he has passed since the order of disqualification was made.

(11) For the purposes of an order under this Article, a person shall be treated as having passed a test of competence to drive other than an extended driving test if he passes a corresponding test conducted—

(a)under the law of Great Britain, the Isle of Man, any of the Channel Islands, another member State, Gibraltar or a designated country or territory (as defined by Article 5(12) of the Order of 1981), or

(b)for the purposes of obtaining a British Forces licence (as defined by Article 4(10) of that Order),

and accordingly paragraphs (8) to (10) shall apply in relation to such a test as they apply in relation to a test prescribed by virtue of Article 5(3) of that Order.

(12) This Article is subject to Article 53.

(13) An order under!paragraph (3) or an order under paragraph (5) prescribing an offence for the purposes of paragraph (a)(i) of the definition of “appropriate driving test” shall be subject to affirmative resolution.

(14) The Department shall not make an order under paragraph (3) after the end of 2004 if it has not previously made such an order.

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