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Road Traffic (Northern Ireland) Order 1981

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Version Superseded: 21/02/2011

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Road Traffic (Northern Ireland) Order 1981, Section 13 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Grant of licencesN.I.

13.—(1) Subject to paragraph (2) and Article 9 and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, the special provisions of Articles 70 to 79, the Department must grant a licence to a person who—

(a)makes an application for it in such manner and containing such particulars as the Department may specify, and pays the fee (if any) which is prescribed,

(b)provides the Department with such evidence or further evidence in support of the application as the Department may require,

[F1(c)surrenders to the Department—

(i)any previous licence and its counterpart granted to him at some time during the period of 10 years ending on the date of receipt of the application by the Department,

[F2(ia)any Great Britain licence held by him together with its Great Britain counterpart and its counterpart (if any) issued to him under this Part,]

(ii)any Community licence and its counterpart (if any) issued to him, and

(iii)any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Department with an explanation for not surrendering them which the Department considers adequate, and]

(d)is not in accordance with Article 4(3) subject to a current disqualification which is relevant to the licence he applies for and is not prevented from obtaining it by the provisions of Article 5[F3 of this Order or[F4 Article 6 of, or paragraph 6 or 9] of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998].

[F5(1A) The Department may under paragraph (1)(a) and (b) in particular require an applicant to provide a photograph which is a current likeness of him.]

[F2(1AA) Where a licence under this Part is granted to a person who surrenders under paragraph (ia) of paragraph (1)(c) his Great Britain licence together with the counterparts mentioned in paragraph (ia) to the Department—

(a)that person ceases to be authorised by virtue of Article 19E to drive in Northern Ireland a motor vehicle of any class, and

(b)the Department must send the Great Britain licence and its Great Britain counterpart to the licensing authority in Great Britain together with particulars of the class of motor vehicles to which the licence granted under this Part relates.]

(2) If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in Article 5 shall apply to such a licence.

(3) A provisional licence—

(a)shall be granted subject to prescribed conditions;

(b)shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed;

(c)may, in the case of a person appearing to the Department to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence.

[F6(d)shall not authorise a person under the age of 21 years, before he has passed a test of competence to drive a motor bicycle,—

(i)to drive a motor bicycle without a sidecar unless it is a learner motor bicycle (as defined in paragraph (5)) or its first use (as defined in regulations) occurred before such date as may be prescribed and the cylinder of its engine does not exceed 125 cubic centimetres, or

(ii)to drive a motor bicycle with a sidecar unless its power to weigh ratio is less than or equal to 0.16 kilowatts per kilogram.]

(4) Regulations may authorise or require the Department to refuse a provisional licence authorising the driving of a motor[F1 bicycle][F5 or moped] of a prescribed class if the applicant had held such a provisional licence and the licence applied for would come into force within the prescribed period—

(a)beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor[F1 bicycle][F5 or moped], or

(b)beginning at such other time as may be prescribed.

[F7(5) A learner motor[F1 bicycle] is a motor[F1 bicycle] which either is propelled by electric power or has the following characteristics—

(a)the cylinder capacity of its engine does not exceed 125 cubic centimetres,

[F6(b)the maximum net power output of its engine does to exceed 11 kilowatts.]

[F6(5A) In this Article—

maximum net power output”, in relation to an engine, means the maximum net power output measured under full engine load, and

power to weight ratio”, in relation to a motor bicycle with a sidecar, means the ratio of the maximum net power output of the engine of the motor bicycle to the weight of the combination with—

(a)

a full supply of fuel in the tank,

(b)

an adequate supply of other liquids needed for its propulsion, and

(c)

no load other than its normal equipment, including loose tools.]]

(6) F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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