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

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SCHEDULES

Article 8.

SCHEDULE 1N.I.NEWLY QUALIFIED DRIVERS HOLDING TEST CERTIFICATES

PART IN.I.GENERAL

InterpretationN.I.

1.—(1) In this Schedule “test certificate” means a certificate or other document which by virtue of regulations under Article 5 of the Order of 1981 is evidence that a person has not more than 2 years previously passed a test of competence to drive prescribed by virtue of such regulations.N.I.

(2) In this Schedule “prescribed conditions” means the prescribed conditions referred to in Article 13(3) of that Order (subject to which provisional licences are granted).

[F1(2A) In this Schedule “the appropriate person” has the same meaning as in Articles 4 and 5.]

[F2(3) In this Schedule “licence” includes a Great Britain licence, “full licence” includes a full Great Britain licence and “provisional licence” includes a Great Britain provisional licence.

(4) In relation to the holder of a Great Britain licence, the following sub-paragraphs have effect for the purposes of this Schedule.

(5) References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Great Britain test certificate”) which is evidence that he has not more than two years previously passed a Great Britain test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

(6) References to prescribed conditions are references to conditions subject to which the Great Britain provisional licence was granted.]

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Application of ScheduleN.I.

2.—(1) Part II applies to any person to whom Part III or IV applies.N.I.

(2) Part III applies to a person who holds—

(a)a licence issued as a provisional licence; and

(b)a test certificate.

(3) Part IV applies to a person who falls within sub-paragraph (4) or (5).

(4) A person falls within this sub-paragraph if—

(a)he holds a licence issued as a full licence in relation to a class or certain classes of vehicles;

(b)he is treated under Article 14(2) of the Order of 1981 as authorised by a provisional licence to drive another class or other classes of vehicles; and

(c)he holds a test certificate which relates to that other class of vehicles or any of those other classes of vehicles.

[F3(4A) In relation to the holder of a Great Britain licence, the reference in sub-paragraph (4)(b) to Article 14(2) of the Order of 1981 is a reference to section 98(2) of the Road Traffic Act 1988.]

(5) A person falls within this sub-paragraph if he holds—

(a)a licence issued as a full licence in relation to a class or certain classes of vehicles and as a provisional licence in relation to another class or other classes of vehicles; and

(b)a test certificate which relates to that other class of vehicles or any of those other classes of vehicles.

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PART IIN.I.DUTY TO PROVIDE TEST CERTIFICATE

3.—(1) Sub-paragraph (2) applies where—N.I.

(a)a person to whom this Part applies is prosecuted for an offence involving obligatory endorsement; and

(b)the time at which the offence for which he is prosecuted is alleged to have occurred is a time during his probationary period.

(2) Any obligations imposed on the person under Article 11 of the Offenders Order as respects his licence and its counterpart shall also apply as respects his test certificate.

(3) If, in a case where sub-paragraph (2) applies—

(a)the person is convicted in the proceedings in question of an offence involving obligatory endorsement; and

(b)he has not previously caused his test certificate to be delivered or posted it to the clerk of the court,

he shall produce his test certificate to the court.

(4) In a case where—

(a)the licence of a person to whom this Part applies has (with its counterpart) been sent to the [F4appropriate person] under Article 60(7) of the Offenders Order or delivered to the [F4appropriate person] in response to a conditional offer issued under Article 80 of that Order;

(b)the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement and occurring during his probationary period; and

(c)the person proposes to pay the fixed penalty to the [F5appropriate person],

the person shall ensure that when the fixed penalty is paid his test certificate is sent to the [F6appropriate person].

(5) A person who without reasonable excuse fails to comply with sub-paragraph (3) or (4) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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PART IIIN.I.NEWLY QUALIFIED DRIVER WITH PROVISIONAL LICENCE AND TEST CERTIFICATE

Surrender of test certificateN.I.

4.—(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).N.I.

(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); and

(b)on its production to the court, the person's test certificate.

(3) Where—

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

(b)the [F7appropriate person] has received the person's test certificate in accordance with paragraph 3(4); and

(c)the test certificate shows the date on which the person became a qualified driver,

[F8Article 4(4) does not apply but if the appropriate person is the fixed penalty clerk sub-paragraph (4) applies instead.]

(4) The fixed penalty clerk shall send to the Department—

(a)a notice containing the particulars endorsed on the counterpart of the person's licence; and

(b)the person's test certificate.

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Revocation of test certificateN.I.

5.—(1) Where the Department—N.I.

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

(b)has received the person's test certificate sent to it under paragraph 4(2)(b) 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 test certificate.

[F9(1ZA) Where Article 4(4) is disapplied by paragraph 4(3) and the appropriate person is the Department, the Department must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person's test certificate.]

[F10(1A) Where the Department serves on the holder of a Great Britain licence a notice under sub-paragraph (1) [F11or (1ZA)], the Department must send to the licensing authority in Great Britain particulars of the notice together with the Great Britain test certificate.

(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under paragraph 5(1) [F12or (1ZA)] of Schedule 1 to the Road Traffic (New Drivers) Act 1995, the Department must by notice served on that person revoke his test certificate.]

(2) A revocation under[F13 this paragraph] 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.

(3) The effect of the revocation of a person's test certificate is that any prescribed conditions to which his provisional licence ceased to be subject when he became a qualified driver shall again apply.

[F10(4) In this paragraph and paragraph 8 references to the revocation of a person's Great Britain test certificate are references to its revocation as respects Northern Ireland.

(5) The effect of the revocation of a person's Great Britain test certificate as respects Northern Ireland is that any prescribed conditions to which his Great Britain provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of Article 19E(1) of the Order of 1981.]

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Re-testingN.I.

6.—(1) Subject to Part V, the Department shall not under Part II of the Order of 1981 grant a person whose test certificate has been revoked under[F14 paragraph 5, or whose Great Britain test certificate has been revoked under paragraph 5(1) [F15or (1ZA)] of Schedule 1 to the Road Traffic (New Drivers) Act 1995] a full licence to drive any class of vehicles that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions, unless he satisfies the Department that within the relevant period he has passed a relevant driving test.N.I.

(2) In this paragraph “relevant driving test” means, in relation to a person whose test certificate has been revoked, 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 that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(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 that, immediately before his test certificate was revoked, he was permitted to drive without observing prescribed conditions.

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

(a)after the date of the revocation of 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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PART IVN.I.NEWLY QUALIFIED DRIVER WITH FULL AND PROVISIONAL ENTITLEMENTS AND TEST CERTIFICATE

Surrender of licence and test certificateN.I.

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).N.I.

(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 [F16appropriate person] has received the person's test certificate in accordance with paragraph 3(4),

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

(4) The [F17appropriate person]

(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)[F18unless the appropriate person is the Department,] shall send them and the person's test certificate to the Department

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Revocation of licence and test certificateN.I.

8.—(1) Where the Department—N.I.

(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.

[F19(1ZA) Where paragraph 7(4) applies and the appropriate person is the Department, the Department must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person's licence and test certificate.]

[F20(1A) Where the Department serves on the holder of a Great Britain licence a notice under sub-paragraph (1) [F21or (1ZA)], the Department must send to the licensing authority in Great Britain particulars of the notice together with the Great Britain licence and the Great Britain test certificate.

(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under paragraph 8(1) [F22or (1ZA)] of Schedule 1 to the Road Traffic (New Drivers) Act 1995, the Department must by notice served on that person revoke his licence and test certificate.]

(2) A revocation under [F23 this paragraph] 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.

[F20(3) In this paragraph references to the revocation of a person's Great Britain licence are references to its revocation as respects Northern Ireland; and, accordingly, the person ceases to be authorised by virtue of Article 19E(1) of the Order of 1981 to drive in Northern Ireland a motor vehicle of any class.]

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Re-testingN.I.

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[F24 paragraph 8, or whose Great Britain licence and Great Britain test certificate have been revoked under paragraph 8(1) [F25or (1ZA)] of Schedule 1 to the Road Traffic (New Drivers) Act 1995,] 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.N.I.

(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[F24, or under section 98(2) of the Road Traffic Act 1988,] 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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PART VN.I.SUPPLEMENTARY

Effect of disqualification until test is passed on re-testing ruleN.I.

10.  Where—N.I.

(a)a person's test certificate has been revoked under[F26 paragraph 5 (or a person's Great Britain test certificate has been revoked under paragraph 5(1) [F27or (1ZA)] of Schedule 1 to the Road Traffic (New Drivers) Act 1995)] or his licence and test certificate have been revoked under[F26 paragraph 8 (or a person's Great Britain licence and Great Britain test certificate have been revoked under paragraph 8(1) [F27or (1ZA)] of Schedule 1 to the Road Traffic (New Drivers) Act 1995)]; but

(b)before he passes a relevant driving test, an order is made in relation to him under Article 41 of the Offenders Order (disqualification until test is passed),

paragraph 6(1) or, as the case may be, paragraph 9(1) shall not apply to him.

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Regulations made by the DepartmentN.I.

11.—(1) The Department may by regulations make provision for cases where, after the Department has revoked a person's test certificate under[F28 paragraph 5], or a person's licence and test certificate under[F28 paragraph 8], it receives notice—N.I.

(a)that the person is appealing against a conviction or endorsement which was the basis or formed part of the basis for the revocation;

(b)that a court has quashed a conviction which was the basis or formed part of the basis for the revocation;

(c)that a court has quashed an endorsement which was the basis or formed part of the basis for the revocation and has not on doing so ordered that person to be disqualified;

(d)that a court has made an order which has the effect of reducing the penalty points taken into account for the purposes of Article 4[F28 or (as the case may be) section 2 of the Road Traffic (New Drivers) Act 1995.] to a number smaller than 6.

(2) Regulations under sub-paragraph (1) may in particular make provision for—

(a)issuing licences for such period as may be prescribed;

(b)licences issued under the regulations to be treated as revoked in such circumstances as may be prescribed;

(c)re-issuing a test certificate which has been revoked under[F28 paragraph 5] or[F28 paragraph 8];

(d)suspending or terminating any prescribed conditions applied by virtue of paragraph 5(3).

(3) The Department, after consultation with the Lord Chancellor, may by regulations make provision requiring such courts as may be prescribed to give notice to the Department of the matters mentioned in sub-paragraph (4).

(4) The matters referred to are—

(a)that a person whose certificate has been or is due to be revoked under paragraph 5(1) or whose licence and certificate have been or are due to be revoked under paragraph 8(1) is appealing against a conviction or endorsement which is the basis or forms part of the basis for the revocation;

(b)the final determination of such an appeal;

(c)that such an appeal has been abandoned.

(5) Any regulations under this paragraph may include such incidental or supplementary provision as appears to the Department to be expedient and shall be subject to negative resolution.

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N.I.

Schedules 2, 3—Amendments

N.I.

Schedule 4—Repeals

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