The Road Traffic (Amendment) (Northern Ireland) Order 1991

PART II TRANSITORY PROVISIONS

9.—(1) Notwithstanding Article 70 of the principal Order but subject to sub-paragraphs (2) and (3), a person may drive, or be employed to drive, a public service vehicle on a road without being the holder of a licence if—

(a) he has made an application for the grant of a licence, and

(b) he has passed the test of competence to drive.

(2) The authority conferred by sub-paragraph (1) shall extend only for the prescribed period.

(3) In the event of the applicant’s being refused the grant of a licence, the authority conferred by sub-paragraph (1) shall cease to have effect as from the date on which he is notified of the refusal.

(4) A person who, for the purposes of an application for the grant of a licence, takes the test of competence to drive—

(a) before the application is made, or

(b) within the prescribed period beginning with the date on which the application was made,

is guilty of an offence and the test shall be of no effect.

(5) A person who, after the refusal of his application for a licence, takes a test of competence to drive arranged for the purposes of his application, is guilty of an offence and the test shall be of no effect.

(6) A person shall be liable on summary conviction of an offence under sub-paragraph (4) or (5) to a fine not exceeding level 3 on the standard scale.

(7) The Department may make regulations, subject to negative resolution, for prescribing anything which may be prescribed under this paragraph.

(8) In this paragraph—

“licence” means a licence under Article 70 of the principal Order to drive public service vehicles;

“test of competence to drive” means the test of competence to drive prescribed for the purposes of paragraph (5)(d) of that Article;

and, in the case of a licence limited to any class of public service vehicle, any reference to a test of competence to drive is a reference to a test of competence to drive that class of public service vehicle.

10.  Notwithstanding Article 3 of the principal Order, a person who is the holder of a licence to drive motor vehicles granted under Part II of that Order and coming into force on or after the day appointed under Article 1(2) of this Order for the coming into operation of Articles 3 to 6 of this Order and is also the holder of—

(a) a licence under Article 70 of the principal Order to drive public service vehicles of any class, or

(b) a licence under Article 71 of the principal Order to drive heavy goods vehicles of any class,

may drive, or be caused or permitted to drive, a public service vehicle or (as the case may be) a heavy goods vehicle of that class notwithstanding that his licence under Part II of the principal Order does not authorise him to drive such a vehicle.

11.  The power to make regulations under paragraph 7 includes power to prescribe the classes of goods vehicles or passenger-carrying vehicles which, by virtue of Article 4(2) of this Order, the holder of an existing licence is authorised to drive during the currency of his existing licence.