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This is the original version (as it was originally made).

PART VMISCELLANEOUS AND GENERAL

Penalty for breach of regulations

92.  If a person acts in contravention of—

(a)any regulations made by the Department under the Order of 1981 other than regulations made under Article 132 of that Order; or

(b)any regulations made by the Department under the Order of 1995 other than regulations made under Article 45 or 61 of that Order,

and the contravention is not made an offence under any other provision of the Road Traffic Orders, he shall for each offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Application to Crown

93.—(1) Articles 5 to 7, 18, 19, 23 and 54 and the provisions connected with the licensing of drivers apply to vehicles and persons in the public service of the Crown.

(2) To the extent provided by paragraph (1) and Article 94, this Order binds the Crown.

Proceedings in respect of offences committed in connection with Crown vehicles

94.—(1) Where an offence under the Road Traffic Orders is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown.

(2) Subject to paragraph (3), where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

(3) Where any person is convicted of an offence by virtue of this Article—

(a)no order is to be made on his conviction save an order imposing a fine,

(b)payment of any fine imposed on him in respect of that offence is not to be enforced against him, and

(c)apart from the imposition of any such fine, the conviction is to be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).

Application of certain provisions of Order to trolley vehicles

95.—(1) The Department may by regulations, made subject to negative resolution, provide that such of the provisions mentioned in paragraph (2) as are specified in the regulations shall not apply, or shall apply with modifications, to all trolley vehicles or to trolley vehicles of a specified class.

(2) The provisions referred to in paragraph (1) are Articles 3 to 6, 11, 12, 21, 24, 25, 27 to 31, 33, 35 to 38 and 40 to 53 of this Order.

(3) Regulations under this paragraph—

(a)may include such transitional provisions as appear to the Department to be necessary or expedient, and

(b)may make such amendments to any local Act, which regulates the use of trolley vehicles, as appear to the Department to be necessary or expedient in consequence of the regulations or in consequence of the application to any trolley vehicles of any of the provisions mentioned in paragraph (2).

(4) In this Article “trolley vehicle” has the meaning given in Article 2(2) of the Order of 1995.

Transitional provisions and savings

96.—(1) The repeal by this Order of any provision of the Road Traffic Orders does not affect the operation of the repealed provision in relation to offences committed before the coming into operation of this Order or to appeals against or suspension of disqualification by virtue of convictions for offences so committed or against orders made in consequence of such convictions.

(2) A conviction of an offence mentioned in paragraph (3) shall be treated as a conviction of an offence mentioned in sub-paragraphs (a) to (d) of Article 35(3).

(3) The offences are—

(a)an offence under any of the following provisions of the Order of 1981, namely—

(i)Article 143(1);

(ii)Article 144(1)(a); and

(iii)Article 146, being an offence arising from his failure to provide a specimen required to ascertain either his ability to drive or the proportion of alcohol in his breath, blood or urine (as the case may be) at the time he was driving or attempting to drive;

as those provisions had effect immediately before their repeal by the Order of 1995;

(b)an offence under any of the following provisions of the Order of 1981, namely Articles 141, 144, 145 and 147, as those Articles had effect before the coming into operation of Part III of the [1991 NI 3.] Road Traffic (Amendment) (Northern Ireland) Order 1991, being an offence committed by or arising out of driving, or attempting to drive, a motor vehicle on a road or other public place.

Minor and consequential amendments and repeals

97.—(1) The statutory provisions mentioned in Schedule 3 shall have effect subject to the minor and consequential amendments there specified.

(2) The statutory provisions mentioned in Schedule 4 are repealed to the extent specified in the third column of that Schedule.

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