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The Road Traffic (New Drivers) (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

PART IVNEWLY QUALIFIED DRIVER WITH FULL AND PROVISIONAL ENTITLEMENTS AND TEST CERTIFICATE

Surrender of licence and test certificate

7.—(1) Where the circumstances mentioned in Article 4(1) exist with respect to a person to whom this Part applies, sub-paragraph (2) applies instead of Article 4(2).

(2) The court shall send to the Department

(a)a notice containing the particulars required to be endorsed on the counterpart of the person’s licence in accordance with the order referred to in Article 4(1)(d);

(b)on their production to the court, the person’s licence and its counterpart; and

(c)on its production to the court, the person’s test certificate.

(3) Where—

(a)the circumstances mentioned in Article 4(3) exist with respect to a person to whom this Part applies; and

(b)the fixed penalty clerk has received the person’s test certificate in accordance with paragraph 3(4),

sub-paragraph (4) applies instead of Article 4(4).

(4) The fixed penalty clerk—

(a)shall not return the person’s licence and its counterpart under Article 63(3) or (4) or Article 82(1) of the Offenders Order; but

(b)shall send them and the person’s test certificate to the Department.

Revocation of licence and test certificate

8.—(1) Where the Department—

(a)has received a notice sent to it under paragraph 7(2)(a) of particulars required to be endorsed on the counterpart of a person’s licence or has received the licence and its counterpart under paragraph 7(2)(b) or (4)(b); and

(b)has received the person’s test certificate sent to it under paragraph 7(2)(c) or (4)(b) or is satisfied that the person has been issued with a test certificate,

the Department shall by notice served on that person revoke the licence and the test certificate.

(2) A revocation under sub-paragraph (1) shall have effect from a date specified in the notice of revocation which shall not be earlier than the date of service of that notice.

Re-testing

9.—(1) Subject to Part V, the Department shall not under Part II of the Order of 1981 grant a person whose licence and test certificate have been revoked under paragraph 8(1) a full licence to drive any class of vehicles mentioned in sub-paragraph (4), unless he satisfies the Department that within the relevant period he has passed a relevant driving test.

(2) In this paragraph “relevant driving test” means any test which—

(a)falls within sub-paragraph (a) or (b) of Article 3(2); and

(b)is a test of competence to drive any vehicle included in any class of vehicles mentioned in sub-paragraph (4).

(3) If the Department grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted shall (subject to Articles 9 and 70 to 79A of the Order of 1981) be one authorising that person to drive all the classes of vehicles mentioned in sub-paragraph (4).

(4) The classes of vehicles are—

(a)any class of vehicles in relation to which the revoked licence was issued as a full licence; and

(b)any class of vehicles—

(i)that he was treated under Article 14(2) of the Order of 1981 as authorised to drive under a provisional licence; or

(ii)in relation to which the revoked licence was issued as a provisional licence, and that, immediately before the test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(5) In sub-paragraph (1) “the relevant period” means the period beginning—

(a)after the date of the revocation of the licence and the test certificate; and

(b)not more than 2 years before the date on which the application for the full licence is made.

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