SCHEDULES

SCHEDULE 1PROSECUTION AND PUNISHMENT OF OFFENCES

PART IOFFENCES UNDER THE ROAD TRAFFIC ORDERS

Annotations:
Amendments (Textual)
F1

Words in Sch. 1 Pt. I relating to entry for "Article 3(1) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(a); S.R. 2007/454, art. 2, Sch.

F2

Words in Sch. 1 Pt. I relating to entry for "Article 3(2) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(b); S.R. 2007/454, art. 2, Sch.

F4

SR 1997/241

F6

Sch. 1 Pt. I entries for "Articles 11(3B), 11A of the Order of 1981" inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(d); S.R. 2007/454, art. 2, Sch.

F11

SI 1999/2920

F14

Words in Sch. 1 Pt. I relating to entry for "Article 90 of the Order of 1981" inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 55 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F15

Sch. 1 Pt. I entries for "Articles 168A(1)(a) or (b), 168A(1)(c) of the Order of 1981" inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(e); S.R. 2007/454, art. 2, Sch.

F16

Sch. 1 Pt. I entry for "Article 168A(1)(c) of the Order of 1981" substituted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 56 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F17

Sch. 1 Pt. I entries for "Article 166 of the Order of 1981" repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F18

Sch. 1 Pt. I entries for "Article 167 of the Order of 1981" repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F20

Words in Sch. 1 Pt. I relating to entry for "Article 174(1) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(f); S.R. 2007/454, art. 2, Sch.

F21

Words in Sch. 1 Pt. I relating to entry for "Article 174(2) of the Order of 1981" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(g); S.R. 2007/454, art. 2, Sch.

F22

Word in Sch. 1 Pt. I relating to entry for "Article 177 of the Order of 1981" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 4; S.R. 2007/302, art. 2, Sch.

F23

Sch. 1 Pt. I entries for "Article 180(1) and Article 180(4) to (7) of the Order of 1981" substituted (16.7.2008) for the entry "Article 180 of the Order of 1981" by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 57 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F25

Sch. 1 Pt. I entry for "Article 11A of the Order of 1995" inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 52(3) (with art. 52(4)); S.R. 2008/293, art. 2, Sch.

F26

Words in Sch. 1 Pt. I relating to entry for "Article 12 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 7; S.R. 2007/302, art. 2, Sch.

F27

Sch. 1 Pt. I entry for "Article 12B of the Order of 1995" inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 53(2) (with art. 53(3)); S.R. 2008/293, art. 2, Sch.

F28

Words in Sch. 1 Pt. I relating to entry for "Article 17 of the Order of 1995" substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 21(h); S.R. 2007/454, art. 2, Sch.

F30

Words in Sch. 1 Pt. I relating to entry for "Article 23 of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007 for certain purposes, otherwise prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(a); S.R. 2007/302, art. 2, Sch.

F31

Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(a)

F32

Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(b); S.R. 2007/302, art. 2, Sch.

F33

Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 8; S.R. 2007/302, art. 2, Sch.

F34

Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(c); S.R. 2007/302, art. 2, Sch.

F35

Sch. 1 Pt. I entry for "Article 24A(4) of the Road Traffic (Northern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(b)

F36

Words in Sch. 1 Pt. I relating to entry for "Article 54 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 9(2); S.R. 2007/302, art. 2, Sch.

F37

Sch. 1 Pt. I entry for "Article 56A of the Order of 1995" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 6(3); S.R. 2007/302, art. 2, Sch.

F39

Sch. 1 Pt. I entry for "Article 11A of the Order of 1995" inserted (30.3.2011) by Road Vehicles (Powers to Stop) Regulations 2011 (S.I. 2011/996), reg. 8

F40

Sch. 1 Pt. I entry for "Article 91E(6) of the Road Traffic Offenders (Northern Ireland) Order 1996" inserted (23.4.2012) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 12(2); S.R. 2012/16, art. 2, Sch.

F41

Words in Sch. 1 Pt. I relating to entry for "Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 5(1); S.R. 2007/302, art. 2, Sch.

F42

Sch. 1 Pt. I entry for "Article 27A of the Order of 1997" inserted (23.11.2009) by Taxis Act (Northern Ireland) 2008 (c. 4), ss. 21(4), 59; S.R. 2009/352, art. 2, Sch.

F43

Sch. 1 Pt. I entries for "Articles 49(1)(2)-72 for Offences under Pt. V of the Road Traffic (Northern Ireland) Order 2007" inserted (2.8.2010 for the entries relating to arts. 49(1) and (2), 49(4), 70, 71 and 72 otherwise prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 78, Sch. 6 (with art. 77); S.R. 2010/226, art. 2, Sch.

F44

Sch. 1 Pt. 1 entries for ss. 1(3)-45(3) for Offences under the Taxis Act (Northern Ireland) 2008 added (1.9.2012 for the entries relating to ss. 1(3), 3(5), 3(10), 3(11), 4(2), 31(5), 32(6), 37(3), 44(1), 44(2), 45(1), 45(2), 45(3) otherwise prosp.) by Taxis Act (Northern Ireland) 2008 (c. 4), ss. 48, 59, Sch. 1; S.R. 2012/313, art. 2(2), Sch. Pt. 2

Offences under the Order of 1981

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Provision creating offence

General nature of offence

Mode of prosecution

Punishment

Disqualification

Endorsement

Penalty points

Article 3(1)

F1Driving otherwise than in accordance with a licence.

Summarily.

Level 3 on the standard scale.

Discretionary if committed by driving a motor vehicle in a case where either no licence authorising the driving of that vehicle could have been granted to the offender or, if a provisional (but no other) licence to drive it could have been granted to him, the driving would not have complied with the conditions of the licence.

Obligatory if committed as described in column 5.

3-6

Article 3(2)

Causing or permitting a person to drive F2otherwise than in accordance with a licence.

Summarily.

Level 3 on the standard scale.

Article 9(10)

Failure to deliver a licence and counterpart revoked by virtue of Article 9(8) to Department.

Summarily.

Level 3 on the standard scale.

F3Article 9(13)

F3Driving after making false declaration as to physical fitness.

F3Summarily.

F3Level 4 on the standard scale.

F3Discretionary.

F3Obligatory.

F33–6

Article 10(3)

Failure to deliver revoked licence and counterpart to Department.

Summarily.

Level 3 on the standard scale.

Article 11(3)

Failure to notify Department of onset of, or deterioration in, relevant or prospective disabilityF4 and that provision as applied by Article 15DF5 or 19H.

Summarily.

Level 3 on the standard scale.

F6Article 11(3B)

F6Driving after such a failure and that paragraph as applied by Article 15D(b) or 19H(c).

F6Summarily.

F6Level 3 on the standard scale.

F6Discretionary.

F6Obligatory.

F63–6

F6Article 11A

F6Driving after refusal of licence under Article 9(3), revocation under Article 10(1) or (2) or service of a notice under Article 15C or 19G

F6Summarily.

F6Level 5 on the standard scale or 6 months or both.

F6Discretionary.

F6Obligatory.

F63–6

F7. . .

F7. . .

F7. . .

F7. . .

F7. . .

F7. . .

F7. . .

F8. . .

F8. . .

F8. . .

F8. . .

F8. . .

F8. . .

F8. . .

Article 15(7)

Driving licence holder failing, when his licence is revoked, to surrender it and its counterpart or, when particulars become incorrect, to surrender the licence and counterpart and give particulars.

Summarily.

Level 3 on the standard scale.

F4Article 15B(11)F5 and that paragraph as applied by Article 19F(5)

F4Driving after failure to comply with a requirement under Article 15B(6), (7) or (10)F5 or a requirement under Article 15B(6) or (7) as applied by Article 19F(5).

F4Summarily.

F4Level 3 on the standard scale.

F4Article 15C(4)

F4Failure to deliver Community licence and its counterpart to Department when required by notice under Article 15C.

F4Summarily.

F4Level 3 on the standard scale.

Article 19

Exceeding speed limit in vehicle required to display or displaying learner-driver's mark.

Summarily.

(i) Where the mark is required to be displayed, level 3 on the standard scale.

Discretionary if committed as described in column 4(i).

Obligatory if committed as described in column 4(i).

3-6 if committed as described in column 4(i).

(ii) Where the mark is not required to be displayed, level 2 on the standard scale.

Article 19A

Failure to comply with restriction on restricted drivers.

Summarily.

Level 3 on the standard scale.

Discretionary.

Obligatory

F9(a) 3-6 if committed by contravening the specified restriction under paragraph (5)(b) of Article 19A (driving at a speed exceeding 45 miles per hour.);

(b) 2 if committed only by contravening the specified restriction under paragraph (5)(a) of Article 19A (failure to display restricted driver's mark.)

Article 19B

Exceeding speed limit in vehicle displaying restricted driver's mark where mark is not required to be displayed.

Summarily.

Level 2 on the standard scale.

F5. . .

F5. . .

F5. . .

F5. . .

F10. . .

F10. . .

F10. . .

F10. . .

F5Article 19G(4).

F5Failure to deliver Great Britain licence to the Department when required by notice under Article 19G.

F5Summarily.

F5Level 3 on the standard scale.

Article 31E(1)

Using, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it.

Summarily.

Level 4 on the standard scale.

Article 31E(2)

Using, etc., motor vehicle with alteration required to be but not notified to Department under Article 31B.

Summarily.

Level 3 on the standard scale.

Article 31E(5)

Selling, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it.

Summarily.

Level 5 on the standard scale.

Article 31F

Failure to hold EC certificate of conformity for unregistered light passenger vehicleF11 or motor cycle.

Summarily.

Level 3 on the standard scale.

Article 31G

Light passenger vehiclesF11 and motor cycle not to be sold without EC certificate of conformity.

Summarily.

Level 5 on the standard scale.

Article 56

Driving, or causing or permitting the driving of, goods vehicle in excess of prescribed hours.

Summarily.

Level 4 on the standard scale.

Article 59

Public service vehicle plying for hire where driver not licensed.

Summarily.

Level 3 on the standard scale.

Article 60

Public service vehicle plying for hire when not licensed under Article 61.

Summarily.

Level 4 on the standard scale.

Article 62(2)

Permitting overcrowding on public service vehicle.

Summarily.

Level 2 on the standard scale.

Article 62(4)

Failure to produce to court licence granted under Article 61.

Summarily.

Level 3 on the standard scale.

Article 64

Owner of public service vehicle failing to provide alternative transport.

Summarily.

Level 3 on the standard scale.

Article 66

Contravention of Community provision as to keeping or production of documents.

Summarily.

Level 4 on the standard scale.

Article 72

Failing to comply with conditions of LGVF4 PCV licence or LGV Community licence causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.

Summarily.

Level 3 on the standard scale.

F4Article 73A(4)

F4Failure to deliver LGV or PCV Community licence when required by notice under Article 73A.

F4Summarily.

F4Level 3 on the standard scale.

Article 75

Failure to deliver revoked or suspended LGV or PCV licence and its counterpart to Department.

Summarily.

Level 3 on the standard scale.

Article 77(4)

Contravention of provision of regulations (which is declared by regulations to be an offence) about LGV or PCV drivers' licencesF4 or LGV or PCV Community licences.

Summarily.

Level 3 on the standard scale.

Article 79A

Driving without a taxi driver's licence.

Summarily.

Level 3 on the standard scale.

Discretionary if committed by driving a taxi where no licence authorising the driving of that vehicle could have been granted.

Obligatory if committed as described in column 5.

3-6

Article 81(1)

Driving, or causing or permitting the driving of, motor vehicle in contravention of applicable Community rules as to periods of driving, etc.

Summarily.

Level 4 on the standard scale.

F1281(1B)

F12Contravention of requirement imposed by Article 10(4) of Regulation (EC) No 561/2006 (undertakings etc. to ensure that contractually agreed transport time schedules respect that Regulation).

F12Summarily.

F12Level 4 on the standard scale.

F13Article 81(1C)

F13Contravention of requirement imposed by Chapter 2 of Regulation (EC) No 561/2006 (crews, driving times, breaks and rest periods).

F13Summarily.

F13Level 4 on the standard scale.

Article 81(2)

Contravention of requirement of applicable Community rules as to books, records or documents.

Summarily.

Level 4 on the standard scale.

Article 81(3)

Making, or causing to be made, false entry in book, record or document kept for purposes of applicable Community rules.

Summarily.

Level 4 on the standard scale.

Article 82

Failure to produce, etc., books, records or documents; obstructing inspector of vehicles.

Summarily.

Level 3 on the standard scale.

Article 86

Driving, or causing or permitting the driving of, vehicle in contravention of a prohibition under Article 84, or refusing, neglecting or otherwise failing to comply with a direction given under Article 84(3).

Summarily.

Level 5 on the standard scale.

Article 90

Driving, or causing or permitting a person to drive, motor vehicle while uninsured.

Summarily.

Level 5 on the standard scale F14or 6 months or both.

Discretionary.

Obligatory.

6-8

Article 95

Failure to surrender certificate on cancellation of insurance policy or security.

Summarily.

Level 3 on the standard scale.

Article 96

Failure of person against whom claim made to give information as to insurance or security.

Summarily.

Level 4 on the standard scale.

Article 97

Failure to give information or to produce certificate, or making false reply or false statement as to insurance.

Summarily.

Level 4 on the standard scale.

NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180.

F10. . .

F10. . .

F10. . .

F10. . .

Article 132(3)

Taking, etc., title implying registration as driving instructor.

Summarily.

Level 4 on the standard scale.

Article 132(5)

Making of false statement, etc., to obtain registration, etc., as driving instructor.

Summarily.

Level 4 on the standard scale.

Article 133

Giving of paid driving instruction by unregistered or unlicensed persons or their employers.

Summarily.

Level 4 on the standard scale.

Article 136

Failure to surrender certificate or licence within 14 days of notice.

Summarily.

Level 3 on the standard scale.

Article 137

Failure to produce certificate of registration or licence as driving instructor.

Summarily.

Level 3 on the standard scale.

Article 154(1)

Driving with uncorrected defective eyesight.

Summarily.

Level 3 on the standard scale.

Discretionary.

Obligatory.

3

Article 154(2)

Refusal to submit to test to ascertain whether offence committed under Article 154(1).

Summarily.

Level 3 on the standard scale.

Discretionary.

Obligatory.

3

F10. . .

F10. . .

F10. . .

F10. . .

F10. . .

F10. . .

F10. . .

F15Article 168A(1)(a) or (b)

F15Applying for or obtaining driving licence while disqualified.

F15Summarily.

F15Level 3 on the standard scale.

F16Article 168A(1)(c)

F16Driving while disqualified.

F16(a) Summarily.

F16(a) The statutory maximum or six months or both.

F16Discretionary.

F16Obligatory.

F166

F16(b) On indictment

F16(b) A fine or 2 years or both.

F17. . .

F17. . .

F17. . .

F17. . .

F17. . .

F17. . .

F17. . .

F17. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F18. . .

F10. . .

F10. . .

F10. . .

F10. . .

Article 172

Taking vehicle without owner's consent:—

Where vehicle is a cycle.

Summarily.

Level 3 on the standard scale.

Where vehicle is a vehicle other than a cycle.

(a) Summarily.

(a) The statutory maximum or 6 months or both.

Discretionary if committed in respect of a vehicle other than a cycle.

(b) On indictment.

(b) A fine or 1 year or both.

F19Article 172A

F19Aggravated vehicle‐taking.

F19(a) Summarily

F19The statutory maximum or six months or both

F19Obligatory

F19Obligatory

F193‐11

F19(b) On indictment

F195 years or a fine or both.

F19Article 172B

F19Aggravated vehicle‐taking causing death or grievous bodily injury.

F19On indictment

F1914 years or a fine or both

F19Obligatory

F19Obligatory

F193‐11

Article 174(1)

F20Making certain false statements, furnishing certain false particulars or withholding certain material information etc.

Summarily

Level 4 on the standard scale.

Article 174(2)

F21Forgery, etc. of licences, test certificates, certificates of insurance and other documents and things

(a) Summarily.

(a) The statutory maximum.

(b) On indictment.

(b) A fine or 2 years or both.

F10. . .

F10. . .

F10. . .

F10. . .

Article 175(2)

Failure of driver of mechanically propelled vehicle to comply with duties on occurrence of accident caused by that vehicle.

Summarily.

Level 5 on the standard scale or 6 months or both.

NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180.

Discretionary.

Obligatory.

5-10

Article 175(5)

Failure of owner of mechanically propelled vehicle to comply with duties on occurrence of accident where vehicle driven by person other than owner.

Summarily.

Level 3 on the standard scale.

Article 176

Failure to comply with duties on occurrence of other accidents.

Summarily.

Level 3 on the standard scale.

Article 177

Failure of driver or owner of vehicle or other person required to do so, to give information for purposes of identification to police.

Summarily.

Level 3 on the standard scale.

Discretionary if committed under Article 177(1)(b) or (c) and otherwise than by virtue of section 20(2) of the Interpretation Act (Northern Ireland) 1954.

Obligatory if committed as described in column (5).

F226

Article 178

Failure of cyclist to give information for purposes of identification to police.

Summarily.

Level 3 on the standard scale.

Article 179

Failure of pedestrian to give information for purposes of identification to police.

Summarily.

Level 1 on the standard scale.

F23Article 180(1)

F23Failure to stop when so required by constable in uniform.

F23Summarily.

F23(a)Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.

F23(b) Level 3 on the standard scale if committed by a person riding a cycle.

F23Article 180(4) to (7)

F23Failure to produce licence, etc for examination or to state date of birth, failing to provide Department with evidence of date of birth etc, or obstructing, etc police.

F23Summarily.

F23Level 3 on the standard scale.

F10. . .

F10. . .

F10. . .

F10. . .

Offences under the Order of 1995

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Provision creating offence

General nature of offence

Mode of prosecution

Punishment

Disqualification

Endorsement

Penalty points

Article 9

Causing death, or grievous bodily injury, by dangerous driving.

On indictment.

F2414 years or a fine or both.

Obligatory.

Obligatory.

3-11

Article 10

Dangerous driving.

(a) Summarily.

(a) 6 months or the statutory maximum or both.

Obligatory.

Obligatory.

3-11

(b) On indictment.

(b)F19 5 years or a fine or both.

F25Article 11A

F25Causing death or grievous bodily injury by careless or inconsiderate driving.

F25(a) Summarily.

F25(a) 6 months or the statutory maximum or both.

F25Obligatory.

F25Obligatory.

F253-11

F25(b) On indictment.

F25(b) 5 years or a fine or both.

Article 12

Careless, and inconsiderate, driving.

Summarily.

F26Level 5 on the standard scale.

Discretionary.

Obligatory.

3-9

F27Article 12B

F27Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers.

F27(a) Summarily.

F27(a) 6 months or the statutory maximum or both.

F27Obligatory.

F27Obligatory.

F273-11

F27(b) On indictment.

F27(b) 2 years or a fine or both.

Article 14

Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs.

On indictment.

F2414 years or a fine or both.

Obligatory.

Obligatory.

3-11

Article 15(1)

Driving or attempting to drive when unfit to drive through drink or drugs.

Summarily.

6 months or level 5 on the standard scale or both.

Obligatory.

Obligatory.

3-11

Article 15(2)

Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs.

Summarily.

3 months or level 4 on the standard scale or both.

Discretionary.

Obligatory.

10

Article 16(1)(a)

Driving or attempting to drive with excess alcohol in breath, blood or urine.

Summarily

6 months or level 5 on the standard scale or both.

Obligatory.

Obligatory.

3-11

Article 16(1)(b)

Being in charge of a motor vehicle with excess alcohol in breath, blood or urine.

Summarily.

3 months or level 4 on the standard scale or both.

Discretionary.

Obligatory.

10

Article 17

F28Failing to co-operate with a preliminary test.

Summarily

Level 3 on the standard scale.

Discretionary.

Obligatory.

4

Article 18

Failing to provide specimen for analysis or laboratory test.

Summarily.

(a) Where the specimen was required to ascertain ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.

(a) Obligatory in case mentioned in column 4(a).

Obligatory

(a) 3-11 in case mentioned in column 4(a).

(b) In any other case, 3 months or level 4 on the standard scale or both.

(b) Discretionary in any other case.

(b) 10 in any other case.

F29Article 18A(6)

F29Failing to allow specimen to be subjected to laboratory test.

F29Summarily.

F29(a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.

F29(a) Obligatory in the case mentioned in column 4(a).

F29Obligatory

F29(a) 3-11, in the case mentioned in column 4(a).

F29(b) In any other case, 3 months or level 4 on the standard scale or both.

F29(b) Discretionary in any other case.

F29(b) 10, in any other case.

Article 23

Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.

Summarily.

Level 2 on the standard scale.

F30Discretionary.

F30Obligatory.

F30a

3 if committed by driving a motor vehicle in contravention of regulations requiring wearing of seat belts.

b

2 if committed by riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.

Article 24(2)

Driving motor vehicle with child in front not wearing seat beltF31or with child in a rear-facing child restraint in front seat with an active air bag.

Summarily.

Level 2 on the standard scale.

F32Discretionary.

F32Obligatory.

F323

Article 24(5)

Driving motor vehicle with child in rear not wearing seat belt.

Summarily.

F33Level 2 on the standard scale.

F34Discretionary.

F34Obligatory.

F343

F35Article 24A (4)

F35Failure to notify bus passengers of the requirement to wear seat belts.

F35Summarily.

F35Level 4 on the standard scale.

Article 26(3) or (4)

Selling, etc., in certain circumstances equipment as conducive to the safety of children in motor vehicles.

Summarily.

Level 3 on the standard scale.

Article 27

Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.

Summarily.

Level 2 on the standard scale.

Article 28

Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists.

Summarily.

Level 3 on the standard scale.

Article 29(3)

Contravention of regulations with respect to use of head-worn appliances on motor cycles.

Summarily.

Level 2 on the standard scale.

Article 29(4)

Selling, etc., appliance not of prescribed type as approved for use on motor cycles.

Summarily.

Level 3 on the standard scale.

Article 30

Prohibition of parking of heavy commercial vehicles on verges, etc.

Summarily.

Level 3 on the standard scale.

Article 32

Leaving vehicles in dangerous positions.

Summarily.

Level 3 on the standard scale.

Discretionary if committed in respect of a motor vehicle.

Obligatory if committed in respect of a motor vehicle.

3

Article 33

Causing danger to road-users.

(a) Summarily.

(a) 6 months or the statutory maximum or both.

(b) On indictment.

(b) 7 years or a fine or both.

Article 34

Carrying passenger on motor bicycle contrary to Article 34.

Summarily.

Level 3 on the standard scale.

Discretionary.

Obligatory.

3

Article 35

Carrying passenger on a bicycle contrary to Article 35.

Summarily.

Level 1 on the standard scale.

Article 36

Tampering with motor vehicles.

Summarily.

Level 3 on the standard scale.

Article 37

Holding or getting on to vehicle, etc., in order to be towed or carried.

Summarily.

Level 1 on the standard scale.

Article 38

Pedestrian endangering own safety or other's safety.

Summarily.

Level 3 on the standard scale.

Article 39

Passing incorrectly with led horse.

Summarily.

Level 2 on the standard scale.

Article 40

Drunkenness, etc., in charge of horse-drawn vehicle.

Summarily.

Level 3 on the standard scale.

Article 41

Careless, and inconsiderate, driving of horse-drawn vehicle.

Summarily.

Level 3 on the standard scale.

Article 42

Dangerous cycling.

Summarily.

Level 4 on the standard scale.

Article 43

Careless, and inconsiderate, cycling.

Summarily.

Level 3 on the standard scale.

Article 44

Cycling when unfit through drink or drugs.

Summarily.

Level 3 on the standard scale.

Article 45(1)

Unauthorised or irregular cycle racing or trials of speed on public roads.

Summarily.

Level 1 on the standard scale.

Article 45(6)

Contravention of direction of Chief Constable.

Summarily.

Level 1 on the standard scale.

Article 46

Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.

Summarily.

Level 2 on the standard scale.

Article 47

Unauthorised motor vehicle trial on public paths, etc.

Summarily.

Level 3 on the standard scale.

Article 48

Driving mechanically propelled vehicles elsewhere than on roads.

Summarily.

Level 3 on the standard scale.

Article 49

F9Contravention of directions

Summarily.

Level 3 on the standard scale.

Discretionary if committed in respect of a motor vehicleF9. . .

Obligatory if committed as described in column 5.

3

F9Article 50

F9Contravention of traffic signs.

F9Summarily.

F9Level 3 on the standard scale.

F9Discretionary if committed in respect of a motor vehicle by failure to comply with an indication given by a sign specified for the purposes of this entry in regulations under Article 50(5) of the Order of 1995.

F9Obligatory if committed as described in column 5.

F93

Article 54

Using vehicle in dangerous condition, etc.

Summarily.

(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.

F36(a) Obligatory if committed within 3 years of a previous conviction of the offender under Article 54.

Obligatory.

3

(b) Level 4 on the standard scale in any other case.

F36(b) Discretionary in any other case.

Article 56

Breach of requirement as to brakes, steering-gear or tyres.

Summarily.

(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.

Discretionary.

Obligatory.

3

(b) Level 4 on the standard scale in any other case.

F37Article 56A

F37Breach of requirements as to control of vehicle, mobile telephones etc.

F37Summarily.

F37a

Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.

b

Level 3 on the standard scale in any other case.

F37Discretionary.

F37Obligatory.

F373

Article 57

Breach of requirement as to weight: goods and passenger vehicles.

Summarily.

Level 5 on the standard scale.

Article 58

Breach of other construction and use requirements.

Summarily.

(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.

(b) Level 3 on the standard scale in any other case.

Article 63

Using, etc., vehicle without required test certificate being in force.

Summarily.

(a) Level 4 on the standard scale in the case of a vehicle adapted to carry more than 8 passengers.

(b) Level 3 on the standard scale in any other case.

Regulations under Article 65 made by virtue of Article 67(2)

Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed.

Summarily.

Level 3 on the standard scale.

F38Article 63A

F38Using etc., vehicle without displaying required test certificate.

F38Summarily.

F38Level 1 on the standard scale.

Article 69(1)

Using, etc., goods vehicle without required plating certificate being in force.

Summarily.

Level 3 on the standard scale.

Article 69(2)

Using, etc., goods vehicle without required goods vehicle test certificate being in force.

Summarily.

Level 4 on the standard scale.

Article 69(3)

Using, etc., goods vehicle where Department is required by regulations under Article 65 to be notified of an alteration to the vehicle or its equipment but has not been notified.

Summarily.

Level 3 on the standard scale.

Article 70

Using goods vehicle with unauthorised weights as well as authorised weights marked on it.

Summarily.

Level 3 on the standard scale.

Article 71

Driver of goods vehicle allowing unauthorised passengers to be carried in vehicle; unauthorised passengers being carried in goods vehicle.

Summarily.

Level 3 on the standard scale.

F39Article 74(5)

F39Impersonating a vehicle examiner etc. with intent to deceive

F39Summarily

F39Level 5 on the standard scale

Article 75

Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Article 75.

Summarily.

Level 3 on the standard scale.

Article 76

Obstructing inspection, etc., of vehicle by examiner or failing to comply with requirement to take vehicle for inspection.

Summarily.

Level 3 on the standard scale.

Article 80

Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or refusing, neglecting or otherwise failing to comply with direction to remove a vehicle found overloaded.

Summarily.

Level 5 on the standard scale.

Article 82

Contravention of regulations requiting goods vehicle operator to inspect, and keep records of inspection of, goods vehicles.

Summarily.

Level 3 on the standard scale.

Article 83

Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy.

Summarily.

Level 5 on the standard scale.

Article 84(1)

Fitting of defective or unsuitable vehicle parts.

Summarily.

Level 5 on the standard scale.

Article 84(3)

Supplying defective or unsuitable vehicle parts.

Summarily.

Level 4 on the standard scale.

Article 84(8)

Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc.

Summarily.

Level 3 on the standard scale.

Article 85

Obstructing examiner testing condition of used vehicles at sale rooms, etc.

Summarily.

Level 3 on the standard scale.

Article 86

Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.

Summarily.

Level 5 on the standard scale.

Article 88

Selling, etc., cycle in contravention of regulations as to brakes, bells, etc.

Summarily.

Level 3 on the standard scale.

Article 90

Selling, etc., wrongly made tail lamps or reflectors.

Summarily.

Level 5 on the standard scale.

Schedule 1 paragraph 4

Applying warranty to equipment, protective helmet, appliance or information in defending proceedings under Article 26, 28 or 29(4) where no warranty given, or applying false warranty.

Summarily.

Level 3 on the standard scale.

Offences under this Order

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Provision creating offence

General nature of offence

Mode of prosecution

Punishment

Disqualification

Endorsement

Penalty points

Article 27

Failing to give information as to date of birth or sex to court or to provide Department with evidence of date of birth, etc.

Summarily.

Level 3 on the standard scale.

Article 28

Failing to produce licence and counterpart to court making order for interim disqualification.

Summarily.

Level 3 on the standard scale.

Article 29

Failing to produce licence and counterpart to court for endorsement on conviction of offence involving obligatory or discretionary disqualification.

Summarily.

Level 3 on the standard scale.

Article 67(2)

Removing fixed penalty notice fixed to vehicle.

Summarily.

Level 2 on the standard scale.

Article 72

False statement in response to notice to owner.

Summarily.

Level 5 on the standard scale.

F40Article 91E(6)

F40Driving, etc. vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc.

F40Summarily.

F40Level 5 on the standard scale.

F9Offences under the Road Traffic Regulation (Northern Ireland) Order 1997

F9(1)

F9(2)

F9(3)

F9(4)

F9(5)

F9(6)

F9(7)

F9Provision creating offence

F9General nature of offence

F9Mode of prosecution

F9Punishment

F9Disqualification

F9Endorsement

F9Penalty points

F9Article 3

F9Contravention of rule of road or overtaking incorrectly.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 4

F9Contravention of traffic regulation order.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 5

F9Contravention of experimental traffic control scheme.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 7

F9Contravention of temporary prohibition or restriction.

F9Summarily.

F9Level 3 on the standard scale.

F41Discretionary if committed by contravening temporary speed restriction under Article 7(3)(b).

F41Obligatory if committed as described in column (5).

F413-6 if as described in column (5)

F9Article 8

F9Contravention of general traffic regulations.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 14(1)

F9Contravention of order as to use of parking place.

F9Summarily.

F9(a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles or in an off-street parking place reserved for such vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.

F9(b) Level 2 on the standard scale in any other case.

F9Article 14(2)

F9Misuse of apparatus for collecting charges or of parking device or connected apparatus.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 14(9)

F9Failure to give information as to identity of driver.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 19(1)

F9Certain contraventions of order relating to designated parking place by driver.

F9Summarily.

F9(a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.

F9(b) Level 2 on the standard scale in any other case.

F9Article 19(3)

F9Other contraventions of order relating to designated parking place by driver or person.

F9Summarily.

F9Level 2 on the standard scale.

F9Article 19(4)

F9Tampering with parking meter.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 22

F9Interference with parking devices or apparatus.

F9Summarily.

F9Level 2 on the standard scale.

F9Article 23

F9Mishandling or faking parking devices, etc.

F9(a) Summarily.

F9The statutory maximum.

F9(b) On indictment.

F92 years or a fine or both.

F9Article 24

F9Public service vehicle plying for hire in parking place.

F9Summarily.

F9Level 2 on the standard scale.

F42Article 27A

F42Contravention of taxi regulation order

F42Summarily

F42Level 3 on the standard scale

F9Article 30

F9Contravention relating to prescribed warning devices.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 31

F9Failure to provide signs or devices warning of road works.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 33

F9Interference with, or damage to, traffic signs.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 34(1)

F9Placing unauthorised traffic sign. etc.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 34(4)

F9Obstructing removal of traffic sign, etc.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 43

F9Contravening speed limit.

F9Summarily.

F9Level 3 on the standard scale.

F9Discretionary if committed by exceeding a speed limit.

F9Obligatory if committed as described in column 5.

F93-6 if as described in column 5.

F9Article 50

F9Obstructing removal of vehicle.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 56

F9Wrongful use of disabled person's badge.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 57

F9Failure to produce disabled person's badge.

F9Summarily.

F9Level 3 on the standard scale.

F9Article 59

F9Contravention of regulations relating to pedestrian crossings.

F9Summarily.

F9Level 3 on the standard scale.

F9Discretionary if committed in respect of a motor vehicle.

F9Obligatory if committed in respect of a motor vehicle.

F93

F9Article 60

F9Failure to stop at school crossing

F9Summarily.

F9Level 3 on the standard scale.

F9Discretionary if committed in respect of a motor vehicle.

F9Obligatory if committed in respect of a motor vehicle.

F93

F9Article 61(3)

F9Continuing contravention of order as to use of parking place.

F9Summarily.

F9One-tenth of the amount applicable for an offence under Article 14(1) for each day on which the contravention continues.

F9Article 66

F9Contravention of notice relating to use of vehicle on bridge.

F9Summarily.

F9Level 3 on the standard scale.

F43Offences under Part V of the Road Traffic (Northern Ireland) Order 2007

F43 (1)

F43 (2)

F43 (3)

F43 (4)

F43 (5)

F43 (6)

F43 (7)

F43Provision creating offence

F43General nature of offence

F43Mode of prosecution

F43Punishment

F43Disqualification

F43Endorsement

F43Penalty points

F43Article 49(1) and (2)

F43Giving of paid driving instruction and carrying on of business in provision of driving instruction, by unregistered persons.

F43Summarily

F43Level 4 on the standard scale.

F43Article 49(4)

F43Giving of paid instruction, and carrying on of business in provision of driving instruction, without prescribed requirements relating to displaying of evidence of registration under Part V of Order of 2007.

F43Summarily

F43Level 3 on the standard scale.

F43Article 53(4)

F43Failure, on application for registration as disabled driving instructor, to notify Registrar of onset of, or deterioration in, relevant or prospective disability.

F43Summarily

F43Level 3 on the standard scale.

F43Article 67(3)

F43Failure by registered disabled driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability.

F43Summarily

F43Level 3 on the standard scale.

F43Article 68

F43Giving of paid driving instruction by disabled persons without emergency control certificate or in unauthorised motor vehicle.

F43Summarily

F43Level 3 on the standard scale.

F43Article 70

F43Misuse of evidence of registration etc.

F43Summarily

F43Level 4 on the standard scale.

F43Article 71

F43Failure of instructor to surrender to Registrar certificate etc.

F43Summarily

F43Level 3 on the standard scale.

F43Article 72

F43Failing to produce certificate of registration etc. as driving instructor.

F43Summarily

F43Level 3 on the standard scale.

F44Offences under the Taxis Act (Northern Ireland) 2008

F44(1)

F44(2)

F44(3)

F44(4)

F44(5)

F44(6)

F44(7)

F44Provision creating offence

F44General nature of offence

F44Mode of Prosecution

F44Punishment

F44Disqualification

F44Endorsement

F44Penalty Points

F44Section 1(3)

F44Operating a taxi service without an operator's licence

F44Summarily

F44Level 5 on the standard scale

F44Section 3(5)

F44Knowingly keeping or making false records etc.

F44Summarily

F44Level 3 on the standard scale

F44Section 3(10)

F44Operating a taxi service in respect of unlicensed taxi or in respect of taxi driven by unlicensed driver

F44Summarily

F44Level 5 on the standard scale

F44Section 3(11)

F44Contravention of other operator's duties

F44Summarily

F44Level 3 on the standard scale

F44Section 4(2)

F44Sub-contracting work to a non-licensed operator

F44Summarily

F44Level 3 on the standard scale

F44Section 5(2)

F44Contravention of provisions of or made under Chapter 2

F44Summarily

F44Level 3 on the standard scale

F44Section 12(2) and (3)

F44Using, or permitting a taxi to be used, without a taxi licence

F44Summarily

F44Level 5 on the standard scale

F44Section 14(6)

F44Contravention of taxi owner's duties

F44Summarily

F44Level 3 on the standard scale

F44Section 15(3) and (4)

F44Contravention of requirement to exhibit taxi plates etc.

F44Summarily

F44Level 3 on the standard scale

F44Section 16(4)

F44Contravention of regulations relating to regulation of fares

F44Summarily

F44Level 3 on the standard scale

F44Section 17(4)

F44Failure to display fares or contravention of regulations to secure publication of fares

F44Summarily

F44Level 3 on the standard scale

F44Section 18(6)

F44Contravention of provisions relating to taximeters

F44Summarily

F44Level 3 on the standard scale

F44Section 18(8)

F44Unlawful tampering with a taximeter

F44Summarily

F44Level 3 on the standard scale

F44Section 19(2)

F44Carrying more than the prescribed number of passengers

F44Summarily

F44Level 3 on the standard scale

F44Section 20(3)

F44Contravention of regulations concerning taxis or use of taxis

F44Summarily

F44Level 3 on the standard scale

F44Section 22(2)

F44Driving a taxi without a taxi driver's licence

F44Summarily

F44Level 5 on the standard scale

F44Discretionary if committed by driving a taxi where no licence authorising the driving of that vehicle could have been granted

F44Obligatory if committed as described in column 5

F443–6

F44Section 22(3)

F44Operating a taxi service driven by a taxi driver without a taxi driver's licence or owning a taxi being driven by a taxi driver without a taxi driver's licence

F44Summarily

F44Level 5 on the standard scale

F44Section 22(5)

F44Driving a taxi without a taxi driver's licence for that class of taxi

F44Summarily

F44Level 3 on the standard scale

F44Section 22(6)

F44Operating a taxi service driven by a taxi driver without a taxi driver's licence for that class of taxi or owning a taxi driven by a taxi driver without a taxi driver's licence for that class of taxi

F44Summarily

F44Level 3 on the standard scale

F44Section 24(5)

F44Failure to wear a taxi driver's badge or display other identification

F44Summarily

F44Level 3 on the standard scale

F44Section 31(5)

F44Failure to produce documents etc.

F44Summarily

F44Level 3 on the standard scale

F44Section 32(6)

F44Failure to comply with requirement or direction to return licence, plate, etc. or badge

F44Summarily

F44Level 3 on the standard scale

F44Section 37(3)

F44Failure to comply with an enforcement notice

F44Summarily

F44Level 3 on the standard scale

F44Section 39(3)

F44Failure to make alternative arrangements for conveyance of passengers

F44Summarily

F44Level 3 on the standard scale

F44Section 43(1)

F44Soliciting any person to be carried in a taxi

F44Summarily

F44Level 3 on the standard scale

F44Section 44(1)

F44Knowingly etc. to make false statement or furnish false information

F44Summarily

F44Level 5 on the standard scale

F44Section 44(2)

F44Forging, possessing, documents, etc. with intent to deceive

F44Summarily

F44Level 5 on the standard scale

F44Section 45(1)

F44Obstruction of constable or authorised officer

F44Summarily

F44Level 3 on the standard scale

F44Section 45(2)

F44Failure to comply with requirement of constable or authorised officer or failure to give a constable or authorised officer assistance or information

F44Summarily

F44Level 3 on the standard scale

F44Section 45(3)

F44Knowingly to make a false statement to authorised officer or constable

F44Summarily

F44Level 5 on the standard scale