PART 2

VEHICLES

Nuisance parking offences

Repairing vehicles on a road
3
1
A person who carries out restricted works on a motor vehicle on a road is guilty of an offence.
2
For the purposes of this section “restricted works” means—
a
works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle;
b
works for the installation, replacement or renewal of any such part or accessory.
3
A person is not to be convicted of an offence under this section in relation to any works if that person proves to the satisfaction of the court that the works were not carried out—
a
in the course of, or for the purposes of, a business of carrying out restricted works; or
b
for gain or reward.
4
Subsection (3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.
5
A person shall also not be convicted of an offence under this section in relation to any works if that person proves to the satisfaction of the court that the works carried out were works of repair which—
a
arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary; and
b
were carried out within 72 hours of the accident or breakdown or were within that period authorised to be carried out at a later time by the district council for the district.
6
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7
In this section—
- “motor vehicle” has the same meaning as in Part 2 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19);
- “road” has the same meaning as in the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2).
S. 3 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2