The Road Traffic (Northern Ireland) Order 1995

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. General interpretation

   3. 3. Meaning of “motor vehicle” and other expressions relating to vehicles

   4. 4. Supplementary provisions about those expressions

   5. 5. Articulated vehicles

   6. 6. Certain vehicles not to be treated as motor vehicles

   7. 7. Method of calculating weight of motor vehicles and trailers

   8. 8. Interpretation of statutory references to carriages

3. PART II Principal Road Safety Provisions

   1. Driving Offences

      1. 9. Causing death, or grievous bodily injury, by dangerous driving

      2. 10. Dangerous driving

      3. 11. Meaning of dangerous driving

      4. 12. Careless, and inconsiderate, driving

   2. Motor vehicles: drink and drugs

      1. 13. Interpretation of Articles 14 to 21

      2. 14. Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs

      3. 15. Driving, or being in charge, when under influence of drink or drugs

      4. 16. Driving, or being in charge of, a motor vehicle with alcohol concentration above prescribed limit

      5. 17. Breath tests

      6. 18. Provision of specimens for analysis

      7. 19. Choice of specimens of breath

      8. 20. Protection for hospital patients

      9. 21. Detention of persons affected by alcohol or a drug

   3. Authorised motoring events

      1. 22. Disapplication of Articles 9, 10 and 12 for authorised motoring events

   4. Protective measures: seat belts, helmets, etc.

      1. 23. Seat belts: adults

      2. 24. Restriction on carrying children not wearing seat belts in motor vehicles

      3. 25. Payments in respect of applicants for exemption from wearing seat belts

      4. 26. Safety equipment for children in motor vehicles

      5. 27. Wearing of protective headgear

      6. 28. Protective helmets for motor cyclists

      7. 29. Authorisation of head-worn appliances for use on motor cycles

   5. Stopping on verges, etc., or in dangerous positions, etc.

      1. 30. Prohibition of parking of heavy commercial vehicles on verges, central reservations and footways

      2. 31. Definition of “heavy commercial vehicle” for the purposes of Article 30

      3. 32. Leaving vehicles in dangerous positions

   6. Danger to road-users

      1. 33. Causing danger to road-users

   7. Other restrictions in interests of safety

      1. 34. Restrictions of carriage of persons on motor bicycles

      2. 35. Restrictions of carriage of persons on bicycles

      3. 36. Tampering with motor vehicles

      4. 37. Holding or getting on to vehicle in order to be towed or carried

      5. 38. Pedestrian endangering own safety or that of others

      6. 39. Passing with a led horse

      7. 40. Drunkenness, etc., in charge of horse-drawn vehicle

      8. 41. Careless, and inconsiderate, driving of horse-drawn vehicle

   8. Cycling offences and cycle racing

      1. 42. Dangerous cycling

      2. 43. Careless, and inconsiderate, cycling

      3. 44. Cycling when under influence of drink or drugs

      4. 45. Regulation of cycle racing on public roads

      5. 46. Electrically assisted pedal cycles

   9. Use of motor vehicle etc., away from roads

      1. 47. Control of use of public paths, etc., for motor vehicle trials

      2. 48. Prohibition of driving mechanically propelled vehicles elsewhere than on roads

   10. Traffic directions and traffic signs

       1. 49. Contravention of traffic directions or traffic signs

       2. 50. Traffic directions for purposes of traffic surveys

   11. Promotion of road safety

       1. 51. Highway Code

       2. 52. Powers of Department as to giving road safety information and training

4. Part III Construction and Use of Vehicles and Equipment

   1. Preliminary

      1. 53. Interpretation of Part III

   2. Using vehicle in dangerous condition

      1. 54. Using vehicle in dangerous condition etc.

   3. General regulation of construction, use, etc.

      1. 55. Regulation of construction, weight, equipment and use of vehicles

      2. 56. Breach of requirement as to brakes, steering-gear or tyres

      3. 57. Breach of requirement as to weight: goods and passenger vehicles

      4. 58. Breach of other construction and use requirements

      5. 59. Temporary exemption from application of regulations under Article 55

      6. 60. Authorisation of use on roads of special vehicles not complying with regulations under Article 55

   4. Tests of vehicles other than goods vehicles to which Article 65 applies

      1. 61. Tests of satisfactory condition of vehicles

      2. 62. Particular aspects of regulations under Article 61

      3. 63. Obligatory test certificates

      4. 64. Supplementary provisions about test certificates

   5. Test of certain classes of goods vehicles

      1. 65. Tests of satisfactory condition of goods vehicles and determination of plated weights, etc.

      2. 66. Appeals against determinations

      3. 67. Particular aspects of regulations under Article 65

      4. 68. Supplementary provision about tests, etc., of goods vehicles

      5. 69. Obligatory goods vehicle test certificates

      6. 70. Using goods vehicle with unauthorised weights as well as authorised weights marked on it

      7. 71. Restriction on carrying passengers on goods vehicles

   6. Conditions for grant of excise licence

      1. 72. Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions

   7. Vehicle testing centres and vehicle examiners

      1. 73. Vehicle testing centres

      2. 74. Appointment of examiners

   8. Testing vehicles on roads

      1. 75. Testing of condition of vehicles on roads

   9. Inspection of public passenger vehicles and goods vehicles

      1. 76. Inspection of public passenger vehicles and goods vehicles

   10. Prohibition of unfit vehicles

       1. 77. Power to prohibit driving of unfit vehicles

       2. 78. Prohibitions conditional on inspection etc.

       3. 79. Power to prohibit driving of overloaded vehicles

       4. 80. Unfit and overloaded vehicles: offences

       5. 81. Removal of prohibitions

   11. Miscellaneous provisions about vehicles and vehicle parts

       1. 82. Operator’s duty to inspect, and keep records of inspection of, goods vehicles

       2. 83. Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy

       3. 84. Fitting and supply of defective or unsuitable vehicle parts

       4. 85. Testing condition of used vehicles at sale rooms, etc.

       5. 86. Weighing of motor vehicles

       6. 87. Further provisions relating to weighing of motor vehicles

   12. Cycles and horse-drawn vehicles

       1. 88. Regulation of brakes, bells etc., on cycles

       2. 89. Regulation of brakes on horse-drawn vehicles

   13. Miscellaneous

       1. 90. Offences to do with reflectors and tail lamps

       2. 91. Appointment of officials

5. PART IV Miscellaneous Amendments of the Order of 1981

   1. 92. Licensing of motor cyclists

   2. 93. Speed limits

   3. 94. Disqualification on conviction of dangerous driving, etc.

   4. 95. Alternative convictions on certain charges

   5. 96. Obligatory disqualification and endorsement on conviction of certain drinking and driving offences

   6. 97. Penalty for breach of regulations under Road Traffic Orders

   7. 98. Duties on occurrence of an accident

   8. 99. Powers of vehicle examiners

   9. 100. Proceedings for certain construction and use offences

   10. 101. Records kept by operators of goods vehicles

   11. 102. Power to join in indictment counts for certain summary offences

   12. 103. Exemption from disqualification and endorsement

6. PART V GENERAL AND SUPPLEMENTARY PROVISIONS

   1. Offences

      1. 104. Prosecution and punishment of offences

   2. Application of Order

      1. 105. Application of Order to hovercraft

      2. 106. Application of Order to trolley vehicles

      3. 107. Application of Order to invalid carriages

      4. 108. Application of Order to the Crown

      5. 109. Application of Order in relation to harbour commissioners

   3. Supplementary

      1. 110. General provisions as to orders and regulations

      2. 111. Savings and transitional provisions

      3. 112. Minor and consequential amendments and repeals

7. Signature

8. SCHEDULES

   1. SCHEDULE I

      Supplementary Provisions in connection with Proceedings for Offences under Articles 16, 28 and 29(4)

      1. 1. (1) A person against whom proceedings are brought for an...

      2. 2. (1) Where— (a) it appears that an offence under Article...

      3. 3. (1) Subject to the provisions of this paragraph, in any...

      4. 4. (1) An accused who in any proceedings for an offence...

      5. 5. In this Schedule, “equipment” means equipment to which Article 26...

   2. SCHEDULE 2

      PROSECUTION AND PUNISHMENT OF OFFENCES UNDER THIS ORDER

   3. SCHEDULE 3

      Minor and Consequential Amendments

      1. Part I Amendments of the Order of 1981

         1. 1. (1) In Article 2 (interpretation), in paragraph (2)—

         2. 2. In Article 4 (exceptions to requirement that drivers of motor...

         3. 3. (1) In Article 19A (restrictions on newly qualified drivers and...

         4. 4. In Article l9D (interpretation of Part II)—

         5. 5. In Article 31A (approved of design, construction, etc. of motor...

         6. 6. In Article 58 (regulations), in paragraph (1),

         7. 7. In Article 80 (repayment of fees) for the words “Articles...

         8. 8. (1) In Article 88 (weighing of vehicles on harbour land),...

         9. 9. (1) In Article 89 (interpretation and transitional provisions relating to...

         10. 10. In Article 118 (employment of traffic wardens), in paragraph (2)...

         11. 11. (1) In Article 150 (use of specimens in proceedings)—

         12. 12. In Article 171 (vehicle causing obstruction)— (a) omit paragraph (1);...

         13. 13. In Article 172 (taking vehicle without owner’s consent or authority),...

         14. 14. (1) In Article 174 (false statements in connection with forgery...

         15. 15. In Article 177 (identification of drivers, or owners of, and...

         16. 16. In Article 178 (identification of cyclists)— (a) omit the word...

         17. 17. In Article 179 (identification of pedestrians), in paragraph (1) for...

         18. 18. (1) In Article 180 (enforcement powers of constable) in paragraph...

         19. 19. (1) As from the day appointed under Article 1(2) of...

         20. 20. In Article 181 (power to arrest persons resident outside the...

         21. 21. In Article 184 (notice of intention to prosecute for certain...

         22. 22. In Articles 187(1), 188(1), 190(1), 191 and 192(1) for the...

         23. 23. (1) In Article 194 (provisions as to disqualification for applying...

         24. 24. In Article 196 (order of disqualification until test passed), in...

         25. 25. In Article 197 (provisions as to endorsements of licences), in...

         26. 26. (1) In Article 198 (offences which are punishable without prosecution)—...

         27. 27. (1) In Article 212 (application of Order to hovercraft and...

         28. 28. In Article 214 (application of Order to the Crown), in...

         29. 29. In Article 215 (application of Order in relation to harbour...

         30. 30. In Schedule 1 (statutory provisions conferring functions on authorised officers)—...

         31. 31. In Schedule 2 (statutory provisions relating to vehicles and their...

         32. 32. In Schedule 4 (table of offences, etc.)—

      2. PART II 0ther Amendments

         1. Transport Act (Northern Ireland) 1967 (c. 37)

            1. 33. (1) In section 81 (interpretation of the Act) the existing...

         2. Clean Air (Northern Ireland) Order 1981 (NI 4)

            1. 34. In Article 34 (suspected offences in relation to motor vehicles)...

         3. Fines and Penalties (Northern Ireland) Order 1984 (NI 3)

            1. 35. In Schedule 2 (fines not increased by the Order) for...

         4. Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

            1. 35. In Article 35 (limitations on police detention), in paragraph (7)...

            2. 37. In Article 37 (custody officers at police stations), in paragraph...

            3. 38. In Article 62 (intimate samples), for paragraph (11) substitute—

            4. 39. In Schedule 5 (serious arrestable offences), in Part II, omit...

         5. Radioactive Materials (Road Transport) (Northern Ireland) Order 1992 (NI 2)

            1. 40. In Article 2(2) (definitions) in the definition of “inspector” for...

         6. Roads (Northern Ireland) Order 1993 (NI 15)

            1. 41. In Article 24 (exercise of road functions by concessionaire), in...

            2. 42. In Article 39 (restriction on access to toll roads), in...

         7. Criminal Justice (Northern Ireland) Order 1994 (NI 15)

            1. 43. (1) In Article 11 (power to deprive offenders of property...

   4. SCHEDULE 4

      Repeals

9. Explanatory Note