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Statutory Rules of Northern Ireland
Road Traffic And Vehicles
Made
30th September 2015
Coming into operation
16th November 2015
The Department of the Environment, makes the following Order in exercise of the powers conferred by Article 57(2) of the Road Traffic Offenders (Northern Ireland) Order 1996(1).
In accordance with Article 91(1) of that Order the Department has consulted with such representative organisations as it thinks fit.
1. This Order may be cited as the Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2015 and shall come in to operation on 16th November 2015.
2.—(1) Schedule 1 to the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997(2) (fixed penalty offences) is amended as follows—
(2) After item 51 insert—
51ZA | Article 5(c) | To wait in such a position as to obstruct access to any premises.” |
(3) In item 41 after “regulation order” insert “for which a penalty charge in accordance with Article 4 of, and Schedule 1 to, the Traffic Management (Northern Ireland) Order 2005 (4) or the Penalty Charge (Exempt from Criminal Proceedings) Regulations (Northern Ireland) 2006(5) cannot be issued”.
(4) In item 42 after “control scheme” insert “for which a penalty charge in accordance with Article 4 of, and Schedule 1 to, the Traffic Management (Northern Ireland) Order 2005 or the Penalty Charge (Exempt from Criminal Proceedings) Regulations (Northern Ireland) 2006 cannot be issued”.
(5) In item 43 after “or restriction” insert “for which a penalty charge in accordance with Article 4 of, and Schedule 1 to, the Traffic Management (Northern Ireland) Order 2005 or the Penalty Charge (Exempt from Criminal Proceedings) Regulations (Northern Ireland) 2006 cannot be issued”.
(6) Omit items 45 and 46.
(This note is not part of the Order)
This Order amends Schedule 1 to the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997 to—
specify an additional offence, relating to the waiting in such a position as to obstruct access to any premises, to be a fixed penalty offence for the purposes of the Road Traffic Offenders (Northern Ireland) Order 1996;
clarify that a fixed penalty under items 41 to 43 can only be issued in respect of those offences for which a penalty charge cannot be issued in accordance with Article 4 of, and Schedule 1 to, the Traffic Management (Northern Ireland) Order 2005 or the Penalty Charge (Exempt from Criminal Proceedings) Regulations (Northern Ireland) 2006; and
to omit items 45 and 46.
An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or viewed online at http://www.legislation.gov.uk/nisr
S.R. 1997 No. 369, relevant amending Order is S.R. 2007 No.318.
S.R. 2006 No.376 as amended by S.R. 2006 No. 432 and S.R. 2010 No. 183
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
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