Statutory Instrument 1996 No. 1320 (N.I. 10)

      The Road Traffic Offenders (Northern Ireland) Order 1996

      © Crown Copyright 1996

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STATUTORY INSTRUMENTS

1996 No. 1320 (N.I. 10)

NORTHERN IRELAND

The Road Traffic Offenders (Northern Ireland) Order 1996

Made 15th May 1996
Coming into operation on days to be appointed under Article 1


ARRANGEMENT OF ORDER

PART I
INTRODUCTORY
1.  Title and commencement.
2.  General interpretation.
3.  Meaning of "offence involving obligatory endorsement".
4.  Meaning of "offence involving obligatory disqualification" and "offence involving discretionary disqualification".
PART II
TRIAL
Introductory
5.  Requirement of warning etc. of prosecutions for certain offences.
6.  Requirement of warning etc: supplementary.
7.  Restriction on institution of proceedings for certain offences.
8.  Jurisdiction in prosecutions under Articles 56 and 81(1) of the Order of 1981.
9.  Power to join in indictment counts for certain summary offences.
10.  Time within which summary proceedings for certain offences must be commenced.
11.  Duty of accused to provide licence.
12.  Duty to include date of birth and sex in written plea of guilty.
Trial
13.  Mode of trial.
14.  Evidence by certificate as to driver, user or owner.
15.  Proof, in summary proceedings, of identity of driver of vehicle.
16.  Admissibility of records as evidence.
17.  Use of records kept by operators of goods vehicles.
18.  Use of specimens in proceedings for an offence under Articles 14 to 16 of the Order of 1995.
19.  Documentary evidence as to specimens in such proceedings.
20.  Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.
21.  Evidence of declaration for obtaining licence.
22.  Evidence by certificate as to registration of driving instructors and licences to give instruction.
23.  Speeding offences etc: admissibility of certain evidence.
24.  Notification of disability.
25.  Saving as to offence provisions etc.
26.  Alternative verdicts.
27.  Information as to date of birth and sex.
28.  Interim disqualification.
PART III
SENTENCE
Introductory
29.  Production of licence.
30.  Penalty points to be attributed to an offence.
31.  Penalty points to be taken into account on conviction.
32.  Penalty points: modification where fixed penalty also in question.
33.  Court may take particulars endorsed on licence into consideration.
Fine and imprisonment.
34.  Fine and imprisonment
Disqualification
35.  Disqualification for certain offences.
36.  Reduced disqualification period for attendance on courses.
37.  Certificates of completion of courses.
38.  Provisions supplementary to Articles 36 and 37.
39.  Experimental period for Article 36.
40.  Disqualification for repeated offences.
41.  Disqualification until test is passed.
42.  Effect of order of disqualification.
43.  Appeal against disqualification.
44.  Suspension of disqualification pending appeal.
45.  Power of appellate courts to suspend disqualification.
46.  Suspension of disqualification pending determination of applications under Article 37.
47.  Removal of disqualification.
48.  Rule for determining end of period of disqualification,
Endorsement
49.  Endorsement of licences.
50.  Effect of endorsement.
General
51.  Combination of disqualification and endorsement with probation orders and orders for discharge.
52.  Supplementary provisions as to disqualifications and endorsements.
53.  Exemption from disqualification and endorsement for certain construction and use offences.
54.  Offender escaping consequences of endorsable offence by deception.
PART IV
FIXED PENALTIES
Introductory
55.  Interpretation of this Part.
56.  Expressions defined in this Part.
57.  Fixed penalty offences.
58.  Fixed penalty notices.
59.  Amount of fixed penalty.
Giving notices to suspected offenders
60.  Notices on-the-spot or at a police station.
61.  Effect of fixed penalty notice given under Article 60.
62.  Licence receipts.
63.  Endorsement of licences without hearings.
64.  Effect of endorsement without hearing.
65.  Notification of court and date of trial.
66.  Fixed penalty notice mistakenly given: exclusion of fixed penalty procedures.
Notices fixed to vehicles
67.  Fixing notices to vehicles.
68.  Service of notice to owner if penalty not paid.
69.  Enforcement or proceedings against owner.
70.  Restrictions on proceedings against owner and others.
71.  Hired vehicles.
72.  False statements in response to notices to owner.
73.  "Owner", "statutory statement" and "official form".
The fixed penalty procedure
74.  Payment of penalty.
75.  Registration certificates.
76.  Registration of sums payable in default.
77.  Notices on-the-spot or at a police station: when registration and endorsement invalid.
78.  Notices fixed to vehicles: when registration invalid.
79.  Provisions supplementary to Articles 77 and 78.
Conditional offer of fixed penalty
80.  Issue of conditional offer.
81.  Effect of offer and payment of penalty.
82.  Endorsement where penalty paid.
Proceedings in fixed penalty cases
83.  General restriction on proceedings.
84.  Statements by constables.
85.  Certificates about payment.
86.  Documents signed by the accused.
Miscellaneous
87.  Powers of court where clerk deceived.
88.  Regulations for the purposes of this Part.
89.  Service of documents.
90.  Functions of traffic wardens.
91.  Procedure for making regulations and orders under this Part.
PART V
MISCELLANEOUS AND GENERAL
92.  Penalty for breach of regulations.
93.  Application to Crown.
94.  Proceedings in respect of offences committed in connection with Crown vehicles.
95.  Application of certain provisions of Order to trolley vehicles.
96.  Transitional provisions and savings.
97.  Minor and consequential amendments and repeals.

SCHEDULES:

  Schedule 1—  Prosecution and Punishment of Offences.
 
Part I—
Offences under the Road Traffic Orders.
 
Part II—
Other offences.

  Schedule 2—  Statutory Statements.
 
Part I—
Statutory Statement of Ownership or Hiring.
 
Part II—
Statutory Statement of Facts.

  Schedule 3—  Minor and Consequential Amendments.
 
Part I—
Amendments of the Orders of 1981 and 1995.
 
Part II—
Amendments of other enactments.

  Schedule 4—  Repeals.

 

Explanatory Note


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