The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 349

Road Traffic And Vehicles

The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2015

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.

Citation and commencement

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.

Amendment of the Road Traffic (Fixed Penalty) (Offences) Order

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—

“Offences under the Road (Restriction of Waiting) Order (Northern Ireland) 1982(3)

51ZAArticle 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.

Sealed with the Official Seal of the Department of the Environment on 30th September 2015

Legal seal

Elizabeth Loughran

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(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

(2)

S.R. 1997 No. 369, relevant amending Order is S.R. 2007 No.318.