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PART XIIIN.I.GENERAL PROVISIONS AS TO OFFENCES, ENFORCEMENT, EVIDENCE AND PROCEEDINGS

Enforcement powers and powers of arrestN.I.

Enforcement powers of constableN.I.

180.—(1) A constable in uniform may require any person driving a[F1 mechanically propelled vehicle on a road or other public place or any person riding a cycle] on a road or other public place to stop, and any person who fails to stop when he is so required shall be guilty of an offence under this Order.

[F2(1A) A constable in uniform may arrest a person without warrant if he has reasonable cause to believe that the person has committed an offence under paragraph (1).]

(2 )F3 F4A constable may require the production for examination of the driving licence, provisional licence, certificate of insurance [F5or certificate of security],[F1 test certificate or goods vehicle test certificate] of any person—

(a)who is driving a motor vehicle on a road; or

(b)whom he reasonably suspects to have been involved in an accident on a road F6. . . ; or

[F7(ba)in the case of a certificate of insurance or certificate of security, test certificate or goods vehicle test certificate, whom he reasonably suspects to have been involved in an accident in a public place; or]

(c)whom he reasonably suspects to have committed an offence under[F1 the Road Traffic Orders].

(3 )F3 F4If any condition of a provisional licence requires the holder of that provisional licence while driving or learning to drive a motor vehicle to be under the supervision of or to be accompanied by the holder of a driving licence a constable may at any time require the holder of the driving licence to produce his driving licence for examination.

[F8(3A) A person required by a constable under paragraph (2) or (3) to produce his licence must in prescribed circumstances, on being required to do so by the constable, state his date of birth.

(3B) Where a person has been required under[F9 Article 37A of the Child Support (Northern Ireland) Order 1991 or] Article 28 or 29 of the Offenders Order to produce a licence and its counterpart to the court and fails to do so, a constable may require him to produce them and, upon their being produced, may seize them and deliver them to the court.]

[F10(3C) If–

(a)a person is required to deliver his licence and its counterpart to the Department under section 64 of the Crime (International Co-operation) Act 2003 (c. 32) or the Department has–

(i)revoked a licence under Article 9, 10 or 15, or

(ii)revoked or suspended a large goods vehicle driver's licence or a passenger-carrying vehicle driver's licence under Article 73, or

(iii)served notice requiring the delivery of a licence to it in pursuance of Article 15C, 19G or 73A, and

(b)the holder of the licence fails to deliver it and its counterpart to the Department in pursuance of Article 9, 10, 15, 15C, 19G, 73A or 75 or section 64 of the Crime (International Co-operation) Act 2003 (as the case may be),

a constable may require him to produce the licence and its counterpart, and upon their being produced may seize them and deliver them to the Department.]

(4 )F3 F4If any person fails to produce his licence or certificate of insurance [F11or certificate of security] or[F1 test certificate or goods vehicle test certificate] immediately when asked for it or, alternatively, to bring it in person within[F8 7 days] after the production of his licence or certificate of insurance [F11or certificate of security] or[F1 test certificate or goods vehicle test certificate] was so required to such police station as the person so failing shall have specified at the time its production was required, he shall be guilty of an offence under this Order.

[F8(4AA) Paragraph (4) does not apply where a person required on any occasion under the preceding provisions of this Article to produce his licence and its counterpart—

(a)produces on that occasion a current receipt for the licence and its counterpart issued under Article 62 of the Offenders Order and, if required to do so, produces the licence and its counterpart in person immediately on their return at a police station that was specified on that occasion, or

(b)within 7 days after that occasion produces such a receipt in person at a police station that was specified by him on that occasion and, if required to do so, produces the licence and its counterpart in person immediately on their return at that police station.

(4AB) Where in accordance with this Article a person has stated his date of birth to a constable, the Department may serve on that person a notice in writing requiring him to provide the Department—

(a)with such evidence in that person's possession or obtainable by him as the Department may specify for the purpose of verifying that date; and

(b)if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,

and a person who knowingly fails to comply with a notice under this paragraph is guilty of an offence.]

(7) Any person who obstructs any constable in the exercise of any powers conferred under[F1 the Road Traffic Orders shall, without prejudice to any other provision of those Orders,][F8 or who fails to state his date of birth when required under paragraph (3A) to do so] be guilty of an offence under this Order.

[F12(8) In this Article “licence” means a licence to drive under Part II[F13, a Great Britain licence] or a Community licence or counterpart of any such licences, and “Community licence”, “counterpart”[F13 Great Britain licence], and “provisional licence”, have the same meanings as in Part II.]

[F14(9) In this Article “certificate of insurance” and “certificate of security” include any document issued under regulations made by the Department under Article 103 which prescribe the evidence which may be produced in lieu of a certificate of insurance or a certificate of security.]

[F15(9) In paragraphs (2) and (4)—

(a)a reference to a test certificate includes a reference to a certificate of temporary exemption issued by virtue of paragraph (7A) of Article 63 of the Order of 1995; and

(b)a reference to a goods vehicle test certificate includes a reference to a certificate of temporary exemption issued by virtue of paragraph (5) of Article 69 of that Order.]

F3mod. by SR 1989/238

F4mod. by SR 1994/365

F12SR 1996/426

Modifications etc. (not altering text)