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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Introductory

Interpretation of this Part

55.—(1) In this Part—

“authorised person” has the meaning given by Article 60(8);

“driver” except in Article 67 means, in relation to an alleged fixed penalty offence, the person by whom, assuming the offence to have been committed, it was committed;

“proceedings”, except in relation to proceedings for enforcing payment of a sum registered under Article 76, means criminal proceedings.

(2) In this Part—

(a)references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence;

(b)references to an offence include an alleged offence; and

(c)references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under the [1994 c. 22.] Vehicle Excise and Registration Act 1994.

Expressions defined in this Part

56.  The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part listed in the right-hand column in relation to those expressions.

(1)(2)
ExpressionRelevant provision
Authorised personArticle 60(8)
Conditional offerArticle 80(2)
Fixed penaltyArticle 59
Fixed penalty clerkArticles 74(5) and 80(3)
Fixed penalty noticeArticle 58
Fixed penalty offenceArticle 57
Notice to ownerArticles 68(2) and 71(4)
Notice requesting a hearing in respect of an offenceArticle 55(2)
OffenceArticle 55(2)
Official formArticle 73(4)
OwnerArticle 73(1)
Period allowed for response to a notice to ownerArticle 68(5)
Registered keeperArticle 55(2)
Statutory statement of factsPart II of Schedule 2
Statutory statement of hiringPart I of Schedule 2
Statutory statement of ownershipPart I of Schedule 2
Suspended enforcement periodArticle 58(3)(a)
Time of the alleged offenceArticle 68(3)

Fixed penalty offences

57.—(1) Subject to paragraph (3), for the purposes of this Part a “fixed penalty offence” is an offence specified in an order made under paragraph (2).

(2) The Department may by order specify as a fixed penalty offence for the purposes of this Part, any offence committed in respect of a vehicle, being an offence created under a statutory provision and punishable on summary conviction.

(3) Notwithstanding that an offence is specified by order under paragraph (2), it shall not be a fixed penalty offence for the purposes of this Part if it is committed—

(a)by causing or permitting a vehicle to be used by another person in contravention of any provision made or restriction or prohibition imposed by or under any statutory provision, or

(b)by the holder of a temporarily restricted licence during a period of restriction and a court on convicting him of the offence would be obliged to order, by virtue of Article 19A(6) of the Order of 1981, that the period of restriction be extended for a further period.

Fixed penalty notices

58.—(1) In this Part “fixed penalty notice” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Part.

(2) A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.

(3) A fixed penalty notice must state—

(a)the period during which, by virtue of Article 83(1), proceedings cannot be brought against any person for the offence to which the notice relates, being the period of 21 days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to in this Part as the “suspended enforcement period”),

(b)the amount of the fixed penalty, and

(c)the clerk of petty sessions to whom and the address at which the fixed penalty may be paid.

Amount of fixed penalty

59.  The fixed penalty for an offence is—

(a)such amount as the Department may by order prescribe, or

(b)one-half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction,

whichever is the less.

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