The Road Traffic (Northern Ireland) Order 1995

Power to prohibit driving of unfit vehicles N.I.

77.—(1) If on any inspection of a vehicle under Article 55, 61, 65, 75, 76 or 85 of this Order or under Article 31D of the Order of 1981 it appears to a vehicle examiner that owing to any defects in the vehicle or the condition of any load carried by that vehicle, it is, or is likely to become, unfit for service, he may prohibit the driving of the vehicle on a road or other public place—

(a) absolutely, or

(b) for one or more specified purposes, or

(c) except for one or more specified purposes.

(2) If on any inspection of a vehicle under any of the enactments mentioned in paragraph (1) it appears to an authorised constable that owing to any defects in the vehicle driving it (or driving it for any particular purpose or purposes or for any except one or more particular purposes) would involve a danger of injury to any person, he may prohibit the driving of the vehicle on a road—

(a) absolutely, or

(b) for one or more specified purposes, or

(c) except for one or more specified purposes.

(3) A prohibition under this Article shall come into force as soon as the notice under paragraph (6) has been given if—

(a) it is imposed by an authorised constable, or

(b) in the opinion of the vehicle examiner imposing it the defects in the vehicle in question are such that driving it, or driving it for any purpose within the prohibition, would involve a danger of injury to any person.

(4) Except where paragraph (3) applies, a prohibition under this Article shall (unless previously removed under Article 81) come into force at such time not later than 10 days from the date of the inspection as seems appropriate to the vehicle examiner imposing the prohibition, having regard to all the circumstances.

(5) A prohibition under this Article shall continue in force until it is removed under Article 81.

(6) A person imposing a prohibition under this Article shall forthwith give notice in writing of the prohibition to the person in charge of the vehicle at the time of the inspection—

(a) specifying the defects which occasioned the prohibition;

(b) stating whether the prohibition is on all driving of the vehicle or driving it for one or more specified purposes or driving it except for one or more specified purposes (and, where applicable, specifying the purpose or purposes in question); and

(c) stating whether the prohibition is to come into force immediately or at the end of a specified period.

(7) Where a notice has been given under paragraph (6), any vehicle examiner or authorised constable may grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption.

(8) Where such a notice has been given, any vehicle examiner or authorised constable may by endorsement on the notice vary its terms and, in particular, alter the time at which the prohibition is to come into force or suspend it if it has come into force.

(9) In this Article “authorised constable” means a constable authorised to act for the purposes of this Article by or on behalf of the Chief Constable.