The Road Traffic (Immobilisation, Removal and Disposal of Vehicles) Regulations (Northern Ireland) 2012

PART 1 Preliminary

Citation and commencement

1.  These Regulations may be cited as the Road Traffic (Immobilisation, Removal and Disposal of Vehicles) Regulations (Northern Ireland) 2012 and shall come into operation on 23^rd April      2012.

Interpretation

2.  In these Regulations—

“identified person” has the meaning given in regulation 10(2);

“immobilisation notice” means a notice given in accordance with regulation 4(2);

“MAM” means maximum authorised mass as defined in regulation 2(1) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (1);

“owner” means, in relation to a vehicle—

(a)

the person in whose name the vehicle is then registered under the Vehicle Excise and Registration Act 1994(2); or

(b)

if the vehicle is not so registered, the person appearing to the authorised person to own that vehicle;

“release fee” has the meaning given by regulation 4(7).

Application

3.—(1) These Regulations apply with respect to any case where the driving of a vehicle has been prohibited under—

(a) Article 84 of the Road Traffic (Northern Ireland) Order 1981(3) (power in certain cases to prohibit driving of foreign vehicles);

(b) Article 77 or 79 of the Road Traffic (Northern Ireland Order 1995(4) (powers to prohibit driving of unfit or overloaded vehicles); or

(c) Article 91E of the Road Traffic Offenders (Northern Ireland) Order 1996(5) (power to prohibit driving of vehicle on failure to make payment in compliance with financial penalty deposit requirement).

(2) These Regulations do not apply in relation to a vehicle if a current disabled person’s badge is displayed on that vehicle.

(3) In this regulation, a current disabled person’s badge includes a recognised badge within the meaning given by regulation 3A of the Disabled Persons (Badges for Motor Vehicles) Regulations (Northern Ireland) 1993(6).

(1)

S.R. 1996 No.542

(2)

1994 c.22

(3)

S.I. 1981/154 (N.I. 1)

(4)

S.I. 1995/2994 (N.I. 18)

(5)

S.I. 1996/ 1320 (N.I. 10); Article 91E is inserted by Article 12 of S.I. 2007/916 (N.I. 10)

(6)

S.R. 1993 No.202; Article 3A was inserted by regulation 2(2) of S.R. 2010 No.45