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The Road Traffic Offenders (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

SCHEDULES

Articles 3, 4, 9, 13, 30, 34, 60, 66, 80 and 81.

SCHEDULE 1PROSECUTION AND PUNISHMENT OF OFFENCES

PART IOFFENCES UNDER THE ROAD TRAFFIC ORDERS

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Provision creating offence

General nature of offence

Mode of prosecution

Punishment

Disqualification

Endorsement

Penalty points

Offences under the Order of 1981

Article 3(1)Driving without 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 without 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.
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 disability.Summarily.Level 3 on the standard scale.
Article 13Failure to comply with any conditions prescribed for driving under provisional licence.Summarily.Level 3 on the standard scale.DiscretionaryObligatory.3-6
Article 14Failure to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3-6
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.
Article 19Exceeding 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.

(ii)Where the mark is not required to be displayed, level 2 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).
Article 19AFailure to comply with restriction on restricted drivers.Summarily.Level 3 on the standard scale.Discretionary.Obligatory3-6
Article 19BExceeding speed limit in vehicle displaying restricted driver’s mark where mark is not required to be displayed.Summarily.Level 2 on the standard scale.
Article 19EFailing to produce Great Britain driving licence and counterpart.Summarily.Level 3 on the standard scale.
Article 20Contravention of rule of road or overtaking incorrectly.Summarily.Level 3 on the standard scale.
Article 21Contravention of an order controlling movement of, and waiting by, traffic.Summarily.Level 3 on the standard scale.
Article 22Using or causing or permitting a vehicle to be used on a road restricted by order under Article 22 in contravention of the order.Summarily.Level 3 on the standard scale.
Article 31E(1)Using, etc., motor vehicle or vehicle pa; 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 31 B.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 31FFailure to hold EC certificate of conformity for unregistered light passenger vehicle.Summarily.Level 3 on the standard scale.
Article 31GLight passenger vehicles not to be sold without EC certificate of conformity.Summarily.Level 5 on the standard scale.
Article 56Driving, or causing or permitting the driving of, goods vehicle in excess of prescribed hours.Summarily.Level 4 on the standard scale.
Article 59Public service vehicle plying for hire where driver not licensed.Summarily.Level 3 on the standard scale.
Article 60Public 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 64Owner of public service vehicle failing to provide alternative transport.Summarily.Level 3 on the standard scale.
Article 66Contravention of Community provision as to keeping or production of documents.Summarily.Level 4 on the standard scale.
Article 72Failing to comply with conditions of LGV or PCV licence, or causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.Summarily.Level 3 on the standard scale.
Article 75Failure 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' licences.Summarily.Level 3 on the standard scale.
Article 79ADriving 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.
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 82Failure to produce, etc., books, records or documents; obstructing inspector of vehicles.Summarily.Level 3 on the standard scale.
Article 86Driving, 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 90Driving, or causing or permitting a person to drive, motor vehicle while uninsured.Summarily.Level 5 on the standard scale.Discretionary.Obligatory.6-8
Article 95Failure to surrender certificate on cancellation of insurance policy or security.Summarily.Level 3 on the standard scale.
Article 96Failure of person against whom claim made to give information as to insurance or security.Summarily.Level 4 on the standard scale.
Article 97Failure 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.

Article 105(3A)Using parking places reserved for disabled persons' vehicles, contrary to bye-laws under Article 105.Summarily.Level 3 on the standard scale.
Article 115(1)Parking, etc., vehicles in parking places on roads where charges made, contrary to bye-laws under Article 107, and otherwise contravening those bye-laws.Summarily.

In the case of an offence committed through contravention of a bye-law relating to the use of street parking place reserved for disabled persons' vehicles which would not have been an offence if the vehicle in respect of which it was committed had been a disabled person’s vehicle, level 3 on the standard scale.

In any other case level 2 on the standard scale.

Article 115(3)Interfering, etc., with parking meter.Summarily.Level 3 on the standard scale.
Article 116Public service vehicle plying for hire, etc., in parking place.Summarily.Level 2 on the standard scale.
Article 123Failure to carry, cause to be carried or erect warning devices indicating temporary obstructions.Summarily.Level 3 on the standard scale.
Article 124Failure to provide warning of works.Summarily.Level 3 on the standard scale.
Article 126Interference with or damage to traffic signs.Summarily.Level 3 on the standard scale.
Article 127Placing, etc., unauthorised traffic signs, etc.Summarily.Level 3 on the standard scale.
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 133Giving of paid driving instruction by unregistered or unlicensed persons or their employers.Summarily.Level 4 on the standard scale.
Article 136Failure to surrender certificate or licence within 14 days of notice.Summarily.Level 3 on the standard scale.
Article 137Failure 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
Article 155Exceeding speed limit.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3-6
Article 156Exceeding temporary or experimental speed limit.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3-6
Article 166(1)(a)Applying for or obtaining driving licence or provisional licence while disqualified by reason of being under age.Summarily.Level 3 on the standard scale.
Article 166(1)(b)Applying for or obtaining driving licence or provisional licence while otherwise disqualified.Summarily.Level 3 on the standard scale.
Article 167(1)(a)Driving motor vehicle while disqualified by reason of being under age.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3-6
Article 167(1)(b)Driving motor vehicle while otherwise disqualified.

(a)Summarily.

(b)On indictment.

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

(b)A fine or 1 year or both.

Discretionary.Obligatory.6
Article 167(3)Causing or permitting a person to drive while under age.Summarily.Level 3 on the standard scale.
Article 171(4)Obstructing or impeding, etc., removal of vehicle under Article 171(2).Summarily.Level 3 on the standard scale.
Article 172

Taking vehicle without owner’s consent:—

Where vehicle is a cycle.

Where vehicle is a vehicle other than a cycle.

Summarily.

(a)

Summarily.

(b)

On indictment.

Level 3 on the standard scale.

(a)

The statutory maximum or 6 months or both.

(b)

A fine or 1 year or both.

Discretionary if committed in respect of a vehicle other than a cycle.
Article 174(1)Making false or misleading statements, furnishing false or misleading particulars or withholding material information in connection with applications for licences or certificates under the Order of 1981 or for obtaining certificate of insurance or security or issuing false certificate of insurance or security.SummarilyLevel 4 on the standard scale.
Article 174(2)Forgery or fraudulently altering, etc., identification marks, badges, licences, certificates or certificates of insurance, etc.

(a)Summarily.

(b)On indictment.

(a)The statutory maximum.

(b)A fine or 2 years or both.

Article 174AWrongful use of disabled person’s badge.Summarily.Level 3 on the standard scale.
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 176Failure to comply with duties on occurrence of other accidents.Summarily.Level 3 on the standard scale.
Article 177Failure 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).3
Article 178Failure of cyclist to give information for purposes of identification to police.Summarily.Level 3 on the standard scale.
Article 179Failure of pedestrian to give information for purposes of identification to police.Summarily.Level 1 on the standard scale.
Article 180Failing to stop when so required by constable in uniform, failing 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.Summarily.Level 3 on the standard scale.
Article 209Contravention of prohibition or restriction on use of bridge.Summarily.Level 3 on the standard scale.

Offences under the Order of 1995

Article 9Causing death, or grievous bodily injury, by dangerous driving.On indictment.10 years or a fine or both.Obligatory.Obligatory.3-11
Article 10Dangerous driving.

(a)Summarily.

(b)On indictment.

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

(b)2 years or a fine or both.

Obligatory.Obligatory.3-11
Article 12Careless, and inconsiderate, driving.Summarily.Level 4 on the standard scale.Discretionary.Obligatory.3-9
Article 14Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs.On indictment.10 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.Summarily6 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 17Failing to provide a specimen of breath for a preliminary breath test.SummarilyLevel 3 on the standard scale.Discretionary.Obligatory.4
Article 18Failing 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.

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

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

(b)Discretionary in any other case.

Obligatory

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

(b)10 in any other case.

Article 23Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.Summarily.Level 2 on the standard scale.
Article 24(2)Driving motor vehicle with child in front not wearing seat belt.Summarily.Level 2 on the standard scale.
Article 24(5)Driving motor vehicle with child in rear not wearing seat belt.Level 1 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 27Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.Summarily.Level 2 on the standard scale.
Article 28Selling, 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 30Prohibition of parking of heavy commercial vehicles on verges, etc.Summarily.Level 3 on the standard scale.
Article 32Leaving 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 33Causing danger to road-users.

(a)Summarily.

(b)On indictment.

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

(b)7 years or a fine or both.

Article 34Carrying passenger on motor bicycle contrary to Article 34.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3
Article 35Carrying passenger on a bicycle contrary to Article 35.Summarily.Level 1 on the standard scale.
Article 36Tampering with motor vehicles.Summarily.Level 3 on the standard scale.
Article 37Holding or getting on to vehicle, etc., in order to be towed or carried.Summarily.Level 1 on the standard scale.
Article 38Pedestrian endangering own safety or other’s safety.Summarily.Level 3 on the standard scale.
Article 39Passing incorrectly with led horse.Summarily.Level 2 on the standard scale.
Article 40Drunkenness, etc., in charge of horse-drawn vehicle.Summarily.Level 3 on the standard scale.
Article 41Careless, and inconsiderate, driving of horse-drawn vehicle.Summarily.Level 3 on the standard scale.
Article 42Dangerous cycling.Summarily.Level 4 on the standard scale.
Article 43Careless, and inconsiderate, cycling.Summarily.Level 3 on the standard scale.
Article 44Cycling 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 46Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.Summarily.Level 2 on the standard scale.
Article 47Unauthorised motor vehicle trial on public paths, etc.Summarily.Level 3 on the standard scale.
Article 48Driving mechanically propelled vehicles elsewhere than on roads.Summarily.Level 3 on the standard scale.
Article 49Failing to comply with traffic directions or traffic signs.Summarily.Level 3 on the standard scale.

Discretionary if committed in respect of a motor vehicle by failure to comply with—

(a)

a direction of a constable, or

(b)

an indication given by a traffic sign specified for the purposes of this paragraph in regulations under Article 49(2) of the Order of 1995.

Obligatory if committed as described in column 5.3
Article 54Using 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.

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

Discretionary.Obligatory.3
Article 56Breach 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.

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

Discretionary.Obligatory.3
Article 57Breach of requirement as to weight: goods and passenger vehicles.Summarily.Level 5 on the standard scale.
Article 58Breach 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 63Using, 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.
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 70Using goods vehicle with unauthorised weights as well as authorised weights marked on it.Summarily.Level 3 on the standard scale.
Article 71Driver 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.
Article 75Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Article 75.Summarily.Level 3 on the standard scale.
Article 76Obstructing 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 80Driving, 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 82Contravention of regulations requiting goods vehicle operator to inspect, and keep records of inspection of, goods vehicles.Summarily.Level 3 on the standard scale.
Article 83Selling, 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 85Obstructing examiner testing condition of used vehicles at sale rooms, etc.Summarily.Level 3 on the standard scale.
Article 86Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.Summarily.Level 5 on the standard scale.
Article 88Selling, etc., cycle in contravention of regulations as to brakes, bells, etc.Summarily.Level 3 on the standard scale.
Article 90Selling, etc., wrongly made tail lamps or reflectors.Summarily.Level 5 on the standard scale.
Schedule 1 paragraph 4Applying 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

Article 27Failing 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 28Failing to produce licence and counterpart to court making order for interim disqualification.Summarily.Level 3 on the standard scale.
Article 29Failing 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 72False statement in response to notice to owner.Summarily.Level 5 on the standard scale.

PART IIOTHER OFFENCES

(1)

(2)

(3)

(4)

Offence

Disqualification

Endorsement

Penalty points

Manslaughter by the driver of a motor vehicle.Obligatory.Obligatory.3-11
Stealing or attempting to steal a motor vehicle.Discretionary.
An offence or attempt to commit an offence in respect of a motor vehicle under section 12 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (taking conveyance without consent of owner etc. or, knowing it has been so taken, driving it or allowing oneself to be carried in it).Discretionary.
An offence under section 24 of the Theft Act (Northern Ireland) 1969 (going equipped for stealing, etc.) committed with reference to the theft or taking of motor vehicles.Discretionary
Contravention by the driver of a motor vehicle of regulation 8, 9, 10 or 12(2) of the “Zebra” Pedestrian Crossings Regulations (Northern Ireland) 1974 (S.R. 1974 No. 15).Discretionary.Obligatory.3
Contravention by the driver of a motor vehicle of regulation 7 (school crossing patrol sign) of the Traffic Signs Regulations (Northern Ireland) 1979 (S.R. 1979 No. 386).DiscretionaryObligatory.3
Contravention by the driver of a motor vehicle of regulation 6(6), 8(2) or 12 of the (Pelican) Pedestrian Crossings Regulations (Northern Ireland) 1989 (S.R. 1989 No. 145).Discretionary.Obligatory.3
An offence under Article 20 of the Roads (Northern Ireland) Order 1993 of using a special road in contravention of paragraph (1) or (2) of that Article or of regulations made under paragraph (3) of that Article.Discretionary if committed in respect of a motor vehicle otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest.Obligatory if committed as mentioned in column 2.3-6 if committed in respect of a speed restriction or 3 in any other case.

Article 73.

SCHEDULE 2STATUTORY STATEMENTS

PART ISTATUTORY STATEMENT OF OWNERSHIP OR HIRING

1.  (1)  or the purposes of Part IV of this Order, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—

(a)he was never the owner, or

(b)he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b), stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

(2) An official form for a statutory statement of ownership shall—

(a)indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

2.  (1)  For the purposes of Part IV of this Order, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—

(a)whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

(b)if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

(2) An official form for a statutory statement of hiring shall—

(a)indicate that the person providing the statement in pursuance of a notice relating to an offence served under Article 68 by virtue of Article 71 may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

(3) In sub-paragraph (1) “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in Article 71.

PART IISTATUTORY STATEMENT OF FACTS

3.  (1)  For the purposes of Part IV of this Order, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—

(a)states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

(b)states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

(2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

(3) An official form for a statutory statement of facts shall indicate—

(a)that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

(b)that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

(c)that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c), the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) until 2 months have elapsed from the end of the period so stated without service of a summons in respect of the offence on the person identified in that statement as the driver of the vehicle.

Article 97(1).

SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS

PART IAMENDMENTS OF THE ORDERS OF 1981 AND 1995

Amendments of the Order of 1981

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

(a)insert the following definition at the appropriate place alphabetically—

“the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996;; and

(b)omit the definition of “reckonable year”.

2.  In Article 4 (exceptions to requirement that drivers of motor vehicles have driving licences), in paragraph (3)(a) after the word “Orders” insert “or of the Offenders Order”.

3.  In Article 5 (tests of competence to drive) at the end of paragraph (3)(a) insert “and Article 41 of the Offenders Order (disqualification)”.

4.  In Article 10 (revocation of licence because of disability or prospective disability), after paragraph (3) add the following paragraph—

(4) Where a person whose licence is revoked under paragraph (1) or (2)—

(a)is not in possession of his licence and its counterpart in consequence of the fact that he has surrendered them to a constable or an authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order, but

(b)delivers them to the Department immediately on their return,

he is not in breach of the duty under paragraph (3).

5.  In Article 11 (provision of information, etc., relating to disabilities), after paragraph (3) insert the following paragraph—

(3A) Proceedings for an offence under paragraph (3) are subject to Article 7 of the Offenders Order.

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

(7A) Where a person who has a duty under this Article to surrender his licence and its counterpart is not in possession of them in consequence of the fact that he has surrendered them to a constable or authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order he does not fail to comply with that duty if he surrenders the licence and its counterpart to the Department immediately on their return.

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

(a)in paragraph (1) for the words from “or 152” to “Article 196” substitute “or an order made under Article 41 of the Offenders Order”;

(b)in paragraph (5) for “Article 196” substitute “Article 41 of the Offenders Order”; and

(c)in paragraph (7) for “Article 197” substitute “Article 49 of the Offenders Order”.

8.  (1)  In Article 19C (regulations for the purposes of Part II), in paragraph (1) for the words from the beginning to “with respect to –” substitute—

(1) The Department may make regulations for any purpose for which regulations may be made under the provisions of this Part and the relevant provisions of the Offenders Order and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.

(1A) In particular, but without prejudice to the generality of paragraph (1), the regulations may make provision with respect to –.

(2) In paragraph (1) of that Article—

(a)in sub-paragraph (f) omit the words “for any purpose of this Part”; and

(b)in sub-paragraph (g) omit the words “for the purposes of this Part”.

(3) After paragraph (3) of that Article add the following paragraph—

(4) In this Article “the relevant provisions of the Offenders Order” means the following provisions of that Order: Articles 6, 11, 12, 26 to 28, 29, 33, 35 to 38 and 40 to 53.

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

(a)in paragraph (2) for the words from “and the provisions” to the end substitute—

  • and the provisions—

    (a)

    of this Order, and

    (b)

    of the Offenders Order, being the provisions connected with the licensing of drivers within the meaning of that Order,

    as to the production of licences and counterparts of licences granted under this Part shall apply accordingly.;

(b)in paragraph (5) for “Article 197” substitute “Article 49 of the Offenders Order”.

10.  In Article 73 (revocation or suspension of large goods vehicle or passenger-carrying vehicle driver’s licence) in paragraph (3) for the words “paragraph (1)(a)” substitute “this Article or Article 74”.

11.  (1)  In Article 74 (disqualification on revocation of large goods vehicle or passenger-carrying vehicle driver’s licence), in paragraph (1) for the words “for the purposes of that sub-paragraph” substitute “in pursuance of Article 73(3)”.

(2) After paragraph (2) of that Article insert—

(2A) Regulations may make provision for the application of paragraphs (1) and (2), in such circumstances and with such modifications as may be prescribed, where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of Article 42(1) of the Offenders Order (effect of disqualification by order of a court).

12.  In Article 97 (requirements as to production of certificate of insurance or of security), in paragraph (3) for “5 days” substitute “7 days”.

13.  In Article 118 (employment of traffic wardens), in paragraph (1) after the word “Part” insert “and Article 90(1) of the Offenders Order”.

14.  In Article 132(1) (register of approved driving instructors) for “138” substitute “137”.

15.  In Article 133 (driving instruction for payment to be given only by registered or licensed persons), in paragraph (5) omit the words “and Article 138”.

16.  In Article 137 (production of certificates and licences to constables and authorised persons), in paragraph (3) for “5 days” substitute “7 days”.

17.  In Article 166(1) (applying, etc., for licence while disqualified), after sub-paragraph (b) add—

or

(c)by or under the Offenders Order.

18.  In Article 167(1) (driving, etc., a motor vehicle while disqualified), after sub-paragraph (b) add—

or

(c)by or under the Offenders Order.

19.  In Article 174(2) (false statements in connection with forgery of, and fraudulent use of, documents, etc.), after “1995” insert “or a certificate of a kind referred to in Article 37(1) of the Offenders Order”.

20.  (1)  In Article 177 (identification of drivers, etc. of vehicles), the existing provision shall become paragraph (1) and for the words from “under” (first time) to “road traffic”, there shall be substituted “to which this Article applies”.

(2) After paragraph (1) of that Article insert—

(2) This Article applies to—

(a)an offence under any provision of the Road Traffic Orders,

(b)an offence under Article 27,28 or 29 of the Offenders Order,

(c)an offence under any other enactment relating to the use of vehicles on roads, and

(d)an offence of manslaughter committed by the driver of a motor vehicle.

21.  (1)  In Article 180 (enforcement powers of constable), after paragraph (3) insert—

(3A) A person required by a constable under paragraph (2) or (3) to produce his licence must in prescribed circumstances, on being required to do so by the constable, state his date of birth.

(3B) Where a person has been required under Article 28 or 29 of the Offenders Order to produce a licence and its counterpart to the court and fails to do so, a constable may require him to produce them and, upon their being produced, may seize them and deliver them to the court.

(2) In paragraph (4) of that Article for “5 days” substitute “7 days”.

(3) After paragraph (4) of that Article insert—

(4AA) Paragraph (4) does not apply where a person required on any occasion under the preceding provisions of this Article to produce his licence and its counterpart—

(a)produces on that occasion a current receipt for the licence and its counterpart issued under Article 62 of the Offenders Order and, if required to do so, produces the licence and its counterpart in person immediately on their return at a police station that was specified on that occasion, or

(b)within 7 days after that occasion produces such a receipt in person at a police station that was specified by him on that occasion and, if required to do so, produces the licence and its counterpart in person immediately on their return at that police station.

(4AB) Where in accordance with this Article a person has stated his date of birth to a constable, the Department may serve on that person a notice in writing requiring him to provide the Department—

(a)with such evidence in that person’s possession or obtainable by him as the Department may specify for the purpose of verifying that date; and

(b)if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,

and a person who knowingly fails to comply with a notice under this paragraph is guilty of an offence.

(4) In paragraph (7) of that Article, after the word “Orders” insert “or who fails to state his date of birth when required under paragraph (3A) to do so”.

22.  (1)  In Article 212 (application of Order to hovercraft and trolley vehicles), in paragraph (1) after the words “this Order” insert “and the Offenders Order”.

(2) In paragraph (3) of that Article omit “16922)” and from “184” to “Schedule 4”.

23.  In Article 215 (application of Order to harbour commissioners), in paragraph (2) omit sub-paragraph (b).

Amendments of the Order of 1995

24.  In Article 2(2) (interpretation), insert the following definition at the appropriate place alphabetically—

“the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996;.

25.  In Article 4(5) (regulations varying maximum weights of motor vehicles), in sub-paragraph (b) after the word “Orders” insert “and of the Offenders Order”.

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

27.  In Article 6(1) (certain vehicles not to be treated as motor vehicles), in paragraph (1) after the word “Orders” insert “or the Offenders Order”.

28.  In Article 7(1) (method of calculating weight of motor vehicles and trailers), after the word “Orders” insert “and of the Offenders Order”.

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

or

(c)an offence under any provision of the Offenders Order except Part IV.

30.  In Article 32 (leaving vehicles in dangerous positions), for the words from “cause” (first time) to “danger” substitute “involve a danger of injury to other persons using the road”.

31.  (1)  In Article 49 (contravention of traffic directions or traffic signs), the existing provision shall become paragraph (1).

(2) After paragraph (1) of that Article insert—

(2) The Department may by regulations specify any traffic sign for the purposes of column (5) of the entry in Schedule 1 to the Offenders Order relating to offences under this Article (offences committed by failing to comply with certain signs involve discretionary disqualification)..

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

33.  In Schedule 3 (minor and consequential amendments), in paragraph 22 for the words from the beginning to “192(1)”, substitute “In Article 187(1)”.

PART IIAMENDMENTS OF OTHER ENACTMENTS

The Criminal Justice (Northern Ireland) Order 1980 NI 6

34.  (1)  In Article 8 (driving disqualification where vehicle used for purpose of crime), in paragraph (2) for the words “Article 197(1) of that Order” substitute “Article 49(1) of the Road Traffic Offenders (Northern Ireland) Order 1996”.

(2) In paragraph (3)(b) of that Article—

(a)for the words “Article 194 of that Order” substitute “Article 47 of the Road Traffic Offenders (Northern Ireland) Order 1996”; and

(b)for the words “paragraph (9)” substitute “paragraph (6)”.

(3) After paragraph (4) of that Article add—

(5) Paragraphs (3B), (4) and (4AA) of Article 180 of the Road Traffic (Northern Ireland) Order 1981 shall apply for the purposes of paragraph (3) in the same manner as they apply for the purposes of Article 29 of the Road Traffic Offenders (Northern Ireland) Order 1996.

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

35.  In Article 62 (intimate samples), in paragraph (I 1) for the words from “or Articles” to the end substitute “or Articles 18 and 19 of the Road Traffic Offenders (Northern Ireland) Order 1996”.

36.  In Part II of Schedule 5 (serious arrestable offences), the provision inserted by paragraph 39 of Schedule 3 to the Order of 1995 as paragraph 13 shall be renumbered as paragraph 13A; and any reference to that provision in any statutory provision shall have effect accordingly.

Number

Short title

Extent of repeal

1981 NI 1.The Road Traffic (Northern Ireland) Order 1981.Article 1(3).
In Article 2(2), the definition of “reckonable year”.
In Article 19C(1)(f), the words “for any purpose of this Part”.
In Article 19C(1)(g), the words “for the purposes of this Part”.
In Article 62(3), the words from “and upon” to the end.
In Article 62(4), the words “and the driver” and the words from “or the licence” to “may require”.
Article 120.
In Article 133(5), the words “and Article 138”.
Articles 138 to 140, 150 to 152, 157(1), 169, 174B, 175(3) and (4), 182 to 186 and 188 to 204.
In Article 212(3), “169(2)” and from “184” to “Schedule 4”.
Article 215(2)(b).
Schedule 4.
1981 NI 26.The Magistrates' Courts (Northern Ireland) Order 1981.In Schedule 6, paragraphs 169, 172 and 173.
1982 NI 18.The Disabled Persons (Northern Ireland) Order 1982.Article 4(1)(e).
1984 NI 3.The Fines and Penalties (Northern Ireland) Order 1984.In Schedule 2, paragraph 20.
1984 NI 15.The Road Traffic, Transport and Roads (Northern Ireland) Order 1984.In Schedule 1, paragraph 7.
1985 NI 6.The Road Traffic (Type Approval) (Northern Ireland) Order 1985.Article 5.
1991 NI 3.The Road Traffic (Amendment) (Northern Ireland) Order 1991.Article 8.
In Schedule 4, paragraphs 2,6(b) and (c) and 10.
1995 NI 18.The Road Traffic (Northern Ireland) Order 1995.Articles 94 to 97,98(3) and (4) 100 to 104 and 106(d).
Schedule 2.
In Schedule 3, paragraphs 11, 21, 23 to 26 and 32.

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