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The Road Traffic Offenders (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Endorsement

Endorsement of licences

49.—(1) Where a person is convicted of an offence involving obligatory endorsement, the court must order there to be endorsed on the counterpart of any licence held by him particulars of the conviction and also—

(a)if the court orders him to be disqualified, particulars of the disqualification, or

(b)if the court does not order him to be disqualified—

(i)particulars of the offence, including the date when it was committed, and

(ii)the penalty points to be attributed to the offence.

(2) Where the court does not order the person convicted to be disqualified, it need not make an order under paragraph (1) if for special reasons it thinks fit not to do so.

(3) This Article is subject to Article 53.

Effect of endorsement

50.—(1) An order that any particulars or penalty points are to be endorsed on the counterpart of any licence held by the person convicted shall, whether he is at the time the holder of a licence or not, operate as an order that the counterpart of any licence he may then hold or may subsequently obtain is to be so endorsed until he becomes entitled under paragraph (3) to have a licence issued to him with its counterpart free from the particulars or penalty points.

(2) On the issue of a new licence to a person, any particulars or penalty points ordered to be endorsed on the counterpart of any licence held by him shall be entered on the counterpart of the licence unless he has become entitled under paragraph (3) to have a licence issued to him with its counterpart free from those particulars or penalty points.

(3) A person the counterpart of whose licence has been ordered to be endorsed is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new licence with a counterpart free from the endorsement if he applies for a new licence in pursuance of Article 13(1) of the Order of 1981, surrenders any subsisting licence and its counterpart, pays the fee prescribed by regulations under Part II of that Order and satisfies the other requirements of Article 13(1) of that Order.

(4) An endorsement ordered on a person’s conviction of an offence remains effective (subject to paragraphs (5) and (6))—

(a)if an order is made for the disqualification of the offender, until 4 years have elapsed since the conviction, and

(b)if no such order is made, until either—

(i)4 years have elapsed since the commission of the offence, or

(ii)an order is made for the disqualification of the offender under Article 40.

(5) Where the offence was one under Article 9 or 10 of the Order of 1995 (causing death, or grievous bodily injury, by dangerous driving and dangerous driving), the endorsement remains in any case effective until 4 years have elapsed since the conviction.

(6) Where the offence was one—

(a)under Article 14, 15(1) or 16(1)(a) of that Order (driving offences connected with drink or drugs), or

(b)under Article 18(7) of that Order (failing to provide specimen) involving obligatory disqualification,

the endorsement remains effective until 11 years have elapsed since the conviction.

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