Enforcement provisionsN.I.
86.—(1) Any person who—
(a)drives a vehicle on a road in contravention of a prohibition imposed under Article 84;
(b)causes or permits a vehicle to be driven on a road in contravention of such a prohibition; or
(c)refuses, neglects or otherwise fails to comply within a reasonable time with a direction given under paragraph (3) of that Article,
shall be guilty of an offence under this Order.
Para. (2) rep. by 1989 NI 12
(3) Where a constable in uniform has reasonable cause to suspect the driver of a vehicle of having committed an offence under paragraph (1), the constable may detain the vehicle, and for that purpose may give a direction, specifying an appropriate person and directing the vehicle to be removed by that person 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 under paragraph (3) a constable—
(a)detains a motor vehicle drawing a trailer; or
(b)detains a trailer drawn by a motor vehicle;
then, for the purpose of securing the removal of the trailer, he may also (in a case falling within sub-paragraph ( a)) detain the trailer or (in a case falling within sub-paragraph ( b)) detain the motor vehicle; and a direction under paragraph (3) may require both the motor vehicle and the trailer to be removed to the place specified in the direction.
(5) A vehicle which, in accordance with a direction given under paragraph (3), is removed to a place specified in the direction shall be detained in that place, or in any other place to which it is removed in accordance with a further direction given under that paragraph, until a constable (or, if that place is in the occupation of the Department, the Department) authorises the vehicle to be released on being satisfied—
(a)that the prohibition (if any) imposed in respect of the vehicle under Article 84 has been removed, or that no such prohibition was imposed;
(b)that appropriate arrangements have been made for removing or remedying the circumstances in consequence of which any such prohibition was imposed;
(c)that the vehicle will be taken forthwith to a place from which it will be taken out of Northern Ireland; or
(d)in the case of a vehicle detained under paragraph (4) that (in the case of a motor vehicle) the purpose for which it was detained has been fulfilled or (in the case of a trailer) it is no longer necessary to detain it for the purpose of safeguarding the trailer or its load.
(6) Any person who—
(a)drives a vehicle in accordance with a direction given under this Article; or
(b)is in charge of a place at which a vehicle is detained under paragraph (5),
shall not be liable for any damage to, or loss in respect of, the vehicle or its load unless it is shown that he did not take reasonable care of the vehicle while driving it or, as the case may be, did not, while the vehicle was detained in that place, take reasonable care of the vehicle or (if the vehicle was detained there with its load) did not take reasonable care of its load.
(7) In this Article “appropriate person”
(a)in relation to a direction to remove a motor vehicle, other than a motor vehicle drawing a trailer, means a person licensed to drive vehicles of the class to which the vehicle belongs, and
(b)in relation to a direction to remove a trailer, or to remove a motor vehicle drawing a trailer, means a person licensed to drive vehicles of a class which, when the direction is complied with, will include the motor vehicle drawing the trailer in accordance with that direction.