SCHEDULES

SCHEDULE 1PROHIBITION ON DRIVING: IMMOBILISATION, REMOVAL AND DISPOSAL OF VEHICLES

Offences connected with immobilisation, etc.

3

1

The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under paragraph 2(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

The regulations may provide that a person contravening provision made under paragraph 2(7) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

3

The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 2, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

The regulations may provide that where they would otherwise have applied in relation to a vehicle but for provision made under paragraph 2(6)(a) and the vehicle was not, at the time at which they would otherwise have applied, being used–

a

in accordance with regulations under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 44), and

b

in circumstances falling within section 14B(1)(b) of that Act (use where a disabled person’s concession would be available),

the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

The regulations may provide that where–

a

a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,

b

the declaration is that the prohibition has been removed, and

c

the declaration is to the person’s knowledge either false or in any material respect misleading,

he is guilty of an offence.

6

The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (5) is liable–

a

on summary conviction, to a fine not exceeding the statutory maximum, or

b

on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.