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The Road Traffic (Northern Ireland) Order 1995

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Exemption from disqualification and endorsement

103.  After Article 197 of the Order of 1981 (provisions as to endorsement of licences) there shall be inserted the following Article—

Exemption from disqualification and endorsement for certain construction and use offences

197A.(1) Where a person is convicted of an offence under Article 54 of the Order of 1995 (using vehicle in dangerous condition etc.) the court must not—

(a)order him to be disqualified, or

(b)order any particulars to be endorsed on the counterpart of any licence held by him,

if he proves that he did not know, and had no reasonable cause to suspect, that the use of the vehicle involved a danger to injury to any person.

(2) Where a person is convicted of an offence under Article 56 of the Order of 1995 (breach of requirement as to brakes, steering-gear or tyres) the court must not—

(a)order him to be disqualified, or

(b)order any particulars to be endorsed on the counterpart of any licence held by him,

if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.

(3) In relation to licences which came into force before 1st January 1991, the references in paragraphs (1) and (2) to the counterpart of a licence shall be construed as references to the licence itself.

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