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The Road Traffic Offenders (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.General interpretation

    3. 3.Meaning of “offence involving obligatory endorsement”

    4. 4.Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”

  3. PART II TRIAL

    1. Introductory

      1. 5.Requirement of warning etc. of prosecutions for certain offences

      2. 6.Requirement of warning etc: supplementary

      3. 7.Restriction on institution of proceedings for certain offences

      4. 8.Jurisdiction in prosecutions under Articles 56 and 81(1) of the Order of 1981

      5. 9.Power to join in indictment counts for certain summary offences

      6. 10.Time within which summary proceedings for certain offences must be commenced

      7. 11.Duty of accused to provide licence

      8. 12.Duty to include date of birth and sex in written plea of guilty

    2. Trial

      1. 13.Mode of trial

      2. 14.Evidence by certificate as to driver, user or owner

      3. 15.Proof, in summary proceedings, of identity of driver of vehicle

      4. 16.Admissibility of records as evidence

      5. 17.Use of records kept by operators of goods vehicles

      6. 18.Use of specimens in proceedings for an offence under Articles 14 to 16 of the Order of 1995

      7. 19.Documentary evidence as to specimens in such proceedings

      8. 20.Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment

      9. 21.Evidence of declaration for obtaining licence

      10. 22.Evidence by certificate as to registration of driving instructors and licences to give instruction

      11. 23.Speeding offences etc: admissibility of certain evidence

      12. 24.Notification of disability

      13. 25.Saving as to offence provisions etc.

      14. 26.Alternative verdicts

      15. 27.Information as to date of birth and sex

      16. 28.Interim disqualification

  4. PART III SENTENCE

    1. Introductory

      1. 29.Production of licence

      2. 30.Penalty points to be attributed to an offence

      3. 31.Penalty points to be taken into account on conviction

      4. 32.Penalty points: modification where fixed penalty also in question

      5. 33.Court may take particulars endorsed on licence into consideration

    2. Fine and imprisonment

      1. 34.Fine and imprisonment

    3. Disqualification

      1. 35.Disqualification for certain offences

      2. 36.Reduced disqualification period for attendance on courses

      3. 37.Certificates of completion of courses

      4. 38.Provisions supplementary to Articles 36 and 37

      5. 39.Experimental period for Article 36

      6. 40.Disqualification for repeated offences

      7. 41.Disqualification until test is passed

      8. 42.Effect of order of disqualification

      9. 43.Appeal against disqualification

      10. 44.Suspension of disqualification pending appeal

      11. 45.Power of appellate courts to suspend disqualification

      12. 46.Suspension of disqualification pending determination of applications under Article 37

      13. 47.Removal of disqualification

      14. 48.Rule for determining end of period of disqualification

    4. Endorsement

      1. 49.Endorsement of licences

      2. 50.Effect of endorsement

    5. General

      1. 51.Combination of disqualification and endorsement with probation orders and orders for discharge

      2. 52.Supplementary provisions as to disqualifications endorsements and

      3. 53.Exemption from disqualification and endorsement for certain construction and use offences

      4. 54.Offender escaping consequences of endorsable offence by deception

  5. PART IV FIXED PENALTIES

    1. Introductory

      1. 55.Interpretation of this Part

      2. 56.Expressions defined in this Part

      3. 57.Fixed penalty offences

      4. 58.Fixed penalty notices

      5. 59.Amount of fixed penalty

    2. Giving notices to suspected offenders

      1. 60.Notices on-the-spot or at a police station

      2. 61.Effect of fixed penalty notice given under Article 60

      3. 62.Licence receipts

      4. 63.Endorsement of licences without hearings

      5. 64.Effect of endorsement without hearing

      6. 65.Notification of court and date of trial

      7. 66.Fixed penalty notice mistakenly given: exclusion of fixed penalty procedures

    3. Notices fixed to vehicles

      1. 67.Fixing notices to vehicles

      2. 68.Service of notice to owner if penalty not paid

      3. 69.Enforcement or proceedings against owner

      4. 70.Restrictions on proceedings against owner and others

      5. 71.Hired vehicles

      6. 72.False statements in response to notices to owner

      7. 73.“Owner”, “statutory statement” and “official form”

    4. The fixed penalty procedure

      1. 74.Payment of penalty

      2. 75.Registration certificates

      3. 76.Registration of sums payable in default

      4. 77.Notices on-the-spot or at a police station: when registration and endorsement invalid

      5. 78.Notices fixed to vehicles: when registration invalid

      6. 79.Provisions supplementary to Articles 77 and 78

    5. Conditional offer of fixed penalty

      1. 80.Issue of conditional offer

      2. 81.Effect of offer and payment of penalty

      3. 82.Endorsement where penalty paid

    6. Proceedings in fired penalty cases

      1. 83.General restriction on proceedings

      2. 84.Statements by constables

      3. 85.Certificates about payment

      4. 86.Documents signed by the accused

    7. Miscellaneous

      1. 87.Powers of court where clerk deceived

      2. 88.Regulations for the purposes of this Part

      3. 89.Service of documents

      4. 90.Functions of traffic wardens

      5. 91.Procedure for making regulations and orders under this Part

  6. PART V MISCELLANEOUS AND GENERAL

    1. 92.Penalty for breach of regulations

    2. 93.Application to Crown

    3. 94.Proceedings in respect of offences committed in connection with Crown vehicles

    4. 95.Application of certain provisions of Order to trolley vehicles

    5. 96.Transitional provisions and savings

    6. 97.Minor and consequential amendments and repeals

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      PROSECUTION AND PUNISHMENT OF OFFENCES

      1. PART I OFFENCES UNDER THE ROAD TRAFFIC ORDERS

      2. PART II OTHER OFFENCES

    2. SCHEDULE 2

      STATUTORY STATEMENTS

      1. PART I STATUTORY STATEMENT OF OWNERSHIP OR HIRING

        1. 1.(1) or the purposes of Part IV of this Order,...

        2. 2.(1) For the purposes of Part IV of this Order,...

      2. PART II STATUTORY STATEMENT OF FACTS

        1. 3.(1) For the purposes of Part IV of this Order,...

    3. SCHEDULE 3

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. PART I AMENDMENTS OF THE ORDERS OF 1981 AND 1995

        1. Amendments of the Order of 1981

          1. 1.In Article 2 (interpretation), in paragraph (2)—

          2. 2.In Article 4 (exceptions to requirement that drivers of motor...

          3. 3.In Article 5 (tests of competence to drive) at the...

          4. 4.In Article 10 (revocation of licence because of disability or...

          5. 5.In Article 11 (provision of information, etc., relating to disabilities),...

          6. 6.In Article 15 (duration of licences), after paragraph (7) insert...

          7. 7.In Article 19A (restrictions on newly qualified drivers, etc.)—

          8. 8.(1) In Article 19C (regulations for the purposes of Part...

          9. 9.In Article 19E (provisions as to Great Britain drivers' licences)—...

          10. 10.In Article 73 (revocation or suspension of large goods vehicle...

          11. 11.(1) In Article 74 (disqualification on revocation of large goods...

          12. 12.In Article 97 (requirements as to production of certificate of...

          13. 13.In Article 118 (employment of traffic wardens), in paragraph (1)...

          14. 14.In Article 132(1) (register of approved driving instructors) for “138”...

          15. 15.In Article 133 (driving instruction for payment to be given...

          16. 16.In Article 137 (production of certificates and licences to constables...

          17. 17.In Article 166(1) (applying, etc., for licence while disqualified), after...

          18. 18.In Article 167(1) (driving, etc., a motor vehicle while disqualified),...

          19. 19.In Article 174(2) (false statements in connection with forgery of,...

          20. 20.(1) In Article 177 (identification of drivers, etc. of vehicles),...

          21. 21.(1) In Article 180 (enforcement powers of constable), after paragraph...

          22. 22.(1) In Article 212 (application of Order to hovercraft and...

          23. 23.In Article 215 (application of Order to harbour commissioners), in...

        2. Amendments of the Order of 1995

          1. 24.In Article 2(2) (interpretation), insert the following definition at the...

          2. 25.In Article 4(5) (regulations varying maximum weights of motor vehicles),...

          3. 26.In Article 5(3) (articulated vehicles), after the word “Orders” insert...

          4. 27.In Article 6(1) (certain vehicles not to be treated as...

          5. 28.In Article 7(1) (method of calculating weight of motor vehicles...

          6. 29.In Article 17(7) (definition of “traffic offence”), after sub-paragraph (b)...

          7. 30.In Article 32 (leaving vehicles in dangerous positions), for the...

          8. 31.(1) In Article 49 (contravention of traffic directions or traffic...

          9. 32.In Article 105(1) (hovercraft), after the word “Order” insert “and...

          10. 33.In Schedule 3 (minor and consequential amendments), in paragraph 22...

      2. PART II AMENDMENTS OF OTHER ENACTMENTS

        1. The Criminal Justice (Northern Ireland) Order 1980 NI 6

          1. 34.(1) In Article 8 (driving disqualification where vehicle used for...

        2. The Police and Criminal Evidence (Northern Ireland) Order 1989 NI 12

          1. 35.In Article 62 (intimate samples), in paragraph (I 1) for...

          2. 36.In Part II of Schedule 5 (serious arrestable offences), the...

  9. Explanatory Note

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