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The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2011

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Citation and Commencement

1.  This Order may be cited as the Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2011 and shall come into operation on 12th September 2011.

Amendment of the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997

2.  Schedule 1 to the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997(1) (fixed penalty offences) is amended as follows—

(a)before item 1 (offences under the Road Traffic (Northern Ireland) Order 1981) insert

Offences under the Transport Act (Northern Ireland) 1967(2)
A1Article 4(4) (3)Using motor vehicle on road except under Road Service’ licence.
A2Article 17(3)Using goods vehicle on road for carriage of goods except under vehicle licence.;

(b)after item 4 (offences under the Road Traffic (Northern Ireland) Order 1981) insert—

4AArticle 56(3)Contravention of any requirement of domestic drivers’ hours code.;

(c)for items item 8 and 9 (offences under the Road Traffic (Northern Ireland) Order 1981) substitute—

8Article 81

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

Contravention of any requirement of applicable Community rules as to periods of driving, etc.

Any person who makes or causes to be made any entry in a book, record or document kept for the purposes of applicable Community rules which he knows to be false or, with intent to deceive, alters or causes to be altered any such entry.

9Article 86

Failure to comply with prohibition or direction in relation to driving vehicle.

Driving, etc., foreign goods vehicle or foreign public service vehicle in contravention of prohibition etc.;

(d)for item 16 (offences under the Vehicle Excise and Registration Act 1994) substitute—

16Section 34

Misuse of trade licences.

Using trade licence for unauthorised purposes or in unauthorised circumstances, etc.;

(e)after item 39 (offences under the Road Traffic (Northern Ireland) Order 1995) insert—

39AArticle 80(1)Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service or overloaded, or failing to comply with direction to remove a vehicle found overloaded.
Offences under the Road Traffic Offenders (Northern Ireland) Order 1996
39BArticle 91E (4)Driving, etc., vehicle in contravention of prohibition on driving, or failing to comply with direction to remove vehicle on failure to make a financial penalty deposit payment. ;

(f)after item 51 (offences against regulations made under the Road Traffic (Northern Ireland) Order 1981) insert—

Offences under the European Communities (International Passenger Services) Regulations (Northern Ireland) 1987(5)
52Regulation 19(1)Using vehicle for Community regulated carriage of passengers by road otherwise than in accordance with authorisation or certificate, etc.
53Regulation 19(2)Using vehicle for ASOR regulated or Community regulated carriage of passengers by road without having correctly completed passenger waybill or without carrying top copy of waybill on vehicle throughout journey.
Offences under the Goods Vehicles (Community Authorisations) Regulations 1992(6)
54Regulation 3Using goods vehicle without Community authorisation
55Regulation 7Using vehicle under Community authorisation in contravention of conditions governing authorisation.
Offences under the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996(7)
56Regulation 3Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with Community Recording Equipment Regulation
57Regulations 6A and 7(3)

Failing to comply with requirements relating to inspection of records or obstructing an constable or vehicle examiner , but only insofar as the offence relates to—

(i)

failing to comply with any requirement under regulation 6A; or

(ii)

obstructing an officer in exercise of powers under regulation 7.

58Regulations 7D and 7F

Failing to comply with requirements relating to inspection of recording equipment or records (whether electronic or hard copy) made by or stored on recording equipment except where that offence is committed

by—

(i)

failing to sign a hard copy of downloaded data when required to do so under regulation 7D); or

(ii)

obstructing an officer in exercise of powers under regulation 7F.

Offences under the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2002(8)
59Regulation 2Using vehicle on road without Community licence.
60Regulation 6Using vehicle under Community licence in contravention of conditions governing use of licence.
Offences under the Road Transport (Passenger Vehicles Cabotage) (Northern Ireland) Regulations 2005(9)
61Regulation 2Using vehicle on road for UK cabotage operations without Community licence.
62Regulation 3Using vehicle on road for UK cabotage operations without control document.
63Regulation 6(1)Driver failing to produce Community licence on request when vehicle required to have licence on board.
64Regulation 6(3)Driver failing to produce control document on request when vehicle required to have control document on board.
Offences under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(10)
65Regulation 11(7)Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5)..

Sealed with the Official Seal of the Department of the Environment on 28th July 2011

Legal seal

Deirdre Kenny

A senior officer of the

Department of the Environment

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