The Road Traffic (Northern Ireland) Order 1995

Removal of prohibitions

81.—(1) Subject to the following provisions of this Article, a prohibition under Article 77 or 79 may be removed by any vehicle examiner or authorised constable if he is satisfied that the vehicle is fit for service.

(2) If the prohibition has been imposed with a direction under Article 78(1) or (2), the prohibition shall not be removed unless and until the vehicle has been inspected in accordance with the direction.

(3) If the prohibition has been imposed with a direction under Article 78(3), paragraph (1) shall not apply; but the prohibition shall be removed, by such person as may be prescribed, if (and only if) any prescribed requirements relating to the inspection of the vehicle and the issue and production of a test certificate have been complied with.

(4) If the prohibition has been imposed with a direction under Article 78(4), the prohibition shall not be removed unless and until any prescribed requirements relating to the inspection of the vehicle have been complied with.

(5) A person aggrieved by the refusal of a vehicle examiner or authorised constable to remove a prohibition may, within the prescribed time and in the prescribed manner, appeal to the Department.

(6) The Department may make such order on the appeal as it thinks fit.

(7) Where a vehicle examiner or authorised constable removes a prohibition, he must forthwith give notice of the removal to the owner of the vehicle.

(8) The Department may require the payment of fees, in accordance with prescribed scales and rates, for the inspection of a vehicle with a view to the removal of a prohibition; and—

(a) payment of fees may be required to be made in advance, and

(b) the Department must ensure that all the scales and rates prescribed for the purposes of this sub-paragraph are reasonably comparable with—

(i) in the case of goods vehicles, the fees charged by virtue of Article 67(1)(h) in respect of periodic examination, and

(ii) in the case of other vehicles, the fees charged by virtue of Article 62(c).

(9) The Department may make regulations for prescribing anything which may be prescribed under this Article and for regulating the procedure, and fees payable, on appeals to it under paragraph (5).

(10) In this Article “authorised constable” means a constable authorised to act for the purposes of this Article by or on behalf of the Chief Constable.

(11) Article 110(1) does not apply to an order made under paragraph (6).