Road Traffic (Northern Ireland) Order 1981

Power in certain cases to prohibit driving of foreign vehicles N.I.

84.—(1) The provisions of this Article shall have effect with respect to any foreign goods vehicle or foreign public service vehicle where an authorised officer exercises, in relation to the vehicle or its driver, any functions under a statutory provision specified in the first column of Schedule 1 [F1 or any functions of the authorised inspecting officer under a Community instrument specified in the first column of that Schedule.].

(2) If in any such case as is mentioned in paragraph (1)—

(a) the driver obstructs the authorised officer in the exercise of his functions under the statutory provision in question, or refuses, neglects or otherwise fails to comply with any requirement made by the authorised officer under that provision; or

(b) it appears to the authorised officer that, in relation to the vehicle or its driver, there has been a contravention of any of the statutory provisions [F2 or the provision of the EU instrument] specified in the first column of Schedule 2, or that there will be such a contravention if the vehicle is driven on a road,

the authorised officer may prohibit the driving of the vehicle on a road, either absolutely or for a specified purpose, and either for a specified period or without any limitation of time.

(3) Where an authorised officer prohibits the driving of a vehicle under this Article, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.

(4) Where a prohibition is imposed under paragraph (2) the authorised officer shall forthwith give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in sub-paragraph ( a) or ( b) of that paragraph) in consequence of which the prohibition is imposed, and stating—

(a) whether the prohibition is on all driving of the vehicle or only on driving it for a specified purpose (and, if the latter, specifying the purpose), and

(b) whether it is imposed only for a specified period (and, if so, specifying the period) or without limitation of time;

and any direction under paragraph (3) may be given either in that notice or in a separate notice in writing given to the driver of the vehicle.

F1 SR 2003/515

F2 Words in art. 84(2)(b) inserted (28.3.2019) by The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 (S.R. 2019/27), regs. 1, 14(2)