The Road Traffic (Northern Ireland) Order 1995

PART I INTRODUCTORY

Title and commencement

1.—(1) This Order may be cited as the Road Traffic (Northern Ireland) Order 1995.

(2) This Order, except Article 92, shall come into operation on the expiration of 2 months from the day on which it is made.

(3) Article 92 shall come into operation on such day as the Head of the Department may by order appoint.

(4) This Order shall be construed as one with the Road Traffic (Northern Ireland) Order 1981.

General interpretation

2—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “carriage of goods” includes the haulage of goods;

• “carriageway” means a way constituted or comprised in a road being a way over which the public have a right of way for the passage of vehicles;

• “constable” does not include a member of the Naval, Military or Royal Air Force Police;

• “cycle” means a bicycle, a tricycle, or a cycle having 4 or more wheels, not being in any case a motor vehicle;

• “the Department” means the Department of the Environment;

• “driver”, where a separate person acts as a steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle;

• “enactment” includes any order, regulation, rule, bye-law or other instrument made under a statutory provision;

• “footpath” means a way over which the public have a right of way on foot only, not being a footway or a part of a road;

• “footway” means a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only;

• “goods” includes goods or burden of any description;

• “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

• “international road haulage permit” means a licence, permit, authorisation or other document issued in pursuance of a Community instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road;

• “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981(2);

• “owner”, in relation to a vehicle which is the subject of a hiring or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

• “prescribed” means prescribed by regulations;

• “public path” and “public right of way” have the same meaning as in the Access to the Countryside (Northern Ireland) Order 1983(3);

• “public road” includes any part of a public road and any bridge or tunnel over or through which a public road passes;

• “road” includes a public road and any street, carriageway, highway or roadway to which the public has access;

• “the Road Traffic Orders” means this Order and the Order of 1981;

• “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954(4);

• “traffic” includes the passage of animals on a road;

• “traffic sign” means any sign, notice, roadway marking or object or device of any kind, whether mechanical or otherwise and whether fixed or portable, for conveying to traffic on roads, or any class or description of such traffic, warnings, directions, guidance, information, requirements, restrictions or prohibitions;

• “trolley vehicle” means a mechanically propelled vehicle adapted for use without rails under power transmitted to the vehicle from some external source (whether or not there is in addition a source of power on board the vehicle).

(3) References in this Order to a class of vehicles are to be interpreted as references to a class defined or described by reference to any characteristics of the vehicles or to any other circumstances whatsoever, and accordingly as authorising the use of “category” to indicate a class of vehicles, however defined or described.

Meaning of “motor vehicle” and other expressions relating to vehicles

3.—(1) In this Order—

“heavy locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the expected articles and the weight of which unladen exceeds 11690 kilograms;

“heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds 2540 kilograms;

“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person;

“light locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the expected articles and the weight of which unladen does not exceed 11690 kilograms but does exceed 7370 kilograms;

“motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—

(a)

if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver and is fitted with tyres of such type as may be specified in regulations made by the Department, does not exceed 3050 kilograms;

(b)

if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed 3050 kilograms or 3500 kilograms if the vehicle carries a container or containers for holding for the purposes of its propulsion any fuel which is wholly gaseous at 17.5 degrees Celsius under a pressure of 1.013 bar or plant and materials for producing such fuel;

(c)

does not exceed 2540 kilograms in a case not falling within sub-paragraph (a) or (b);

“motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than 4 wheels and the weight of which unladen does not exceed 410 kilograms;

“motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than the excepted articles, and the weight of which unladen does not exceed 7370 kilograms;

“motor vehicle” means, subject to Article 6, a mechanically propelled vehicle (not being a tramcar or other vehicle running on permanent rails, or a trolley vehicle) which is intended or adapted for use on roads;

“trailer” means a vehicle drawn by a motor vehicle;

“vehicle” includes a cycle and a trailer.

(2) In paragraph (1) “excepted articles” means any of the following: water, fuel, accumulators and other equipment used for the purpose of the supply of power for the propulsion of the vehicle, loose tools and loose equipment.

Supplementary provisions about those expressions

4.—(1) For the purposes of Article 3, a side car attached to a motor vehicle, if it complies with such conditions as may be specified in regulations made by the Department, is to be regarded as forming part of the vehicle to which it is attached and as not being a trailer.

(2) For the purposes of Article 3, in a case where a motor vehicle is so constructed that a trailer may by partial super-imposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle is to be deemed to be a vehicle itself constructed to carry a load.

(3) For the purposes of Article 3, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is permanent or essentially permanent fixture, the appliance or apparatus is not to be deemed to constitute a load or goods or burden of any description, but is to be deemed to form part of the vehicle.

(4) The Department may by regulations vary any of the maximum or minimum weights specified in Article 3.

(5) Regulations under paragraph (4) may have effect—

(a) either generally or in the case of vehicles of any class specified in the regulations; and

(b) either for the purposes of the provisions of the Road Traffic Orders and of all regulations made under those provisions or for such of those purposes as may be so specified.

Articulated vehicles

5.—(1) Unless it falls within paragraph (2), a vehicle so constructed that it can be divided into 2 parts both of which are vehicles and one of which is a motor vehicle shall (when not so divided) be treated for the purposes of the enactments mentioned in paragraph (3) as that motor vehicle with the other part attached as a trailer.

(2) A passenger vehicle so constructed that—

(a) it can be divided into 2 parts, both of which are vehicles and one of which is a motor vehicle, but cannot be so divided without the use of facilities normally available only at a workshop, and

(b) passengers carried by it when not so divided can at all times pass from either part to the other,

shall (when not so divided) be treated for the purposes of the enactments mentioned in paragraph (3) as a single motor vehicle.

(3) The enactments referred to in paragraph (1) and (2) are the Road Traffic Orders and Part II of the Transport Act (Northern Ireland) 1967(5).

(4) In this Article “passenger vehicle” means a vehicle constructed or adapted for use solely or principally for the carriage of passengers.

Certain vehicles not to be treated as motor vehicles

6.—(1) For the purposes of the Road Traffic Orders—

(a) a mechanically propelled vehicle being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for any other purpose;

(b) any other mechanically propelled vehicle controlled by a pedestrian which may be prescribed for the purposes of this Article; and

(c) an electrically assisted pedal cycle of such a class as may be so prescribed,

is to be treated as not being a motor vehicle.

(2) In paragraph (1) “controlled by a pedestrian” means that the vehicle either—

(a) is constructed or adapted for use only under such control; or

(b) is constructed or adapted for use either under such control or under the control of a person carried on it, but is not for the time being in use under, or proceeding under, the control of a person carried on it.

Method of calculating weight of motor vehicles and trailers

7.—(1) This Article applies for the purposes of the Road Traffic Orders and of any other enactments relating to the use of motor vehicles or trailers on roads.

(2) The weight unladen of a vehicle or trailer shall be taken to be the weight of the vehicle or trailer—

(a) inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but

(b) exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment.

Interpretation of statutory references to carriages

8.  A motor vehicle or trailer—

(a) is to be deemed to be a carriage within the meaning of any enactment, and

(b) if used as a carriage of any particular class shall for the purpose of any enactment relating to carriages of any particular class be deemed to be a carriage of that class.

PART II Principal Road Safety Provisions

Driving Offences

Causing death, or grievous bodily injury, by dangerous driving

9.  A person who causes the death of, or grievous bodily injury to, another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Dangerous driving

10.  A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Meaning of dangerous driving

11.—(1) For the purposes of Articles 9 and 10 a person is to be regarded as driving dangerously if (and, subject to paragraph (2), only if)—

(a) the way he drives falls far below what would be expected of a competent and careful driver; and

(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.

(2) A person is also to be regarded as driving dangerously for the purposes of Articles 9 and 10 if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3) In paragraphs (1) and (2) “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those paragraphs what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(4) In determining for the purposes of paragraph (2) the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

Careless, and inconsiderate, driving

12.  If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.

Motor vehicles: drink and drugs

Interpretation of Articles 14 to 21

13.—(1) The following provisions apply for the interpretation of Articles 14 to 21.

(2) In those Articles—

“preliminary breath test” means a test for the purpose of obtaining, by means of a device of a type approved by the Head of the Department, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;

“drug” includes any intoxicant other than alcohol;

“fail” includes refuse;

“hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients;

“the prescribed limit” means, as the case may require—

(a)

35 microgrammes of alcohol in 100 millilitres of breath,

(b)

80 milligrammes of alcohol in 100 millilitres of blood, or

(c)

107 milligrammes of alcohol in 100 millilitres of urine,

or such other proportion as may be prescribed by regulations made by the Department.

(3) A person does not provide a specimen of breath for a preliminary breath test or for analysis unless the specimen—

(a) is sufficient to enable the test or the analysis to be carried out, and

(b) is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

(4) A person provides a specimen of blood if and only if he consents to it being taken intravenously by a medical practitioner and is so taken.

(5) A device shall be treated as of a type approved by the Head of the Department for the purpose of obtaining a specimen of breath for a preliminary breath test where a statement that the Head of the Department has approved a device of that type for that purpose is published in the Belfast Gazette.

Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs

14.—(1) If a person causes the death of, or grievous bodily injury to, another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and—

(a) he is, at the time when he is driving, unfit to drive through drink or drugs; or

(b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit; or

(c) he is, within 18 hours after that time, required to provide a specimen in pursuance of Article 18, but without reasonable excuse fails to provide it,

he is guilty of an offence.

(2) For the purposes of this Article a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.

(3) Paragraph (1)(b) and (c) shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.

Driving, or being in charge, when under influence of drink or drugs

15.—(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(2) Without prejudice to paragraph (1), a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

(3) For the purposes of paragraph (2), a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

(4) The court may, in determining whether there was such a likelihood as is mentioned in paragraph (3), disregard any injury to him and any damage to the vehicle.

(5) For the purpose of this Article, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.

(6) A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this Article.

(7) For the purpose of arresting a person under the power conferred by paragraph (6), a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.

Driving, or being in charge of, a motor vehicle with alcohol concentration above prescribed limit

16.—(1) If a person—

(a) drives or attempts to drive a motor vehicle on a road or other public place, or

(b) is in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in his breath, blood or urine exceed the prescribed limit he is guilty of an offence.

(2) It is a defence for a person charged with an offence under paragraph (1)(b) to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

(3) The court may, in determining whether there was such a likelihood as is mentioned in paragraph (2), disregard any injury to him and any damage to the vehicle.

Breath tests

17.—(1) Where a constable in uniform has reasonable cause to suspect

(a) that a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his body or has committed a traffic offence whilst the vehicle was in motion; or

(b) that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that that person still has alcohol in his body; or

(c) that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion;

he may, subject to Article 20, require him to provide a specimen of breath for a preliminary breath test.

(2) If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a constable may, subject to Article 20, require any person who he has reasonable cause to believe was driving or attempting to drive or in charge of the vehicle at the time of the accident to provide a specimen of breath for a preliminary breath test.

(3) A person may be required under paragraph (1) or (2) to provide a specimen either at or in the vicinity of the place where the requirement is made or, if the requirement is made under paragraph (2) and the constable making the requirement thinks fit, at a police station specified by the constable.

(4) A person who, without reasonable excuse, fails to provide a specimen of breath when required to do so in pursuance of this Article is guilty of an offence.

(5) A constable may arrest a person without warrant if—

(a) as a result of a preliminary breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit, or

(b) that person has failed to provide a specimen of breath for a preliminary breath test when required to do so in pursuance of this Article and the constable has reasonable cause to suspect that he has alcohol in his body,

but a person shall not be arrested by virtue of this paragraph when he is at a hospital as a patient.

(6) A constable may, for the purpose of requiring a person to provide a specimen of breath under paragraph (2) in a case where he has reasonable cause to suspect that the accident involved injury to another person or of arresting him in such a case under paragraph (5), enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.

(7) In this Article “traffic offence” means an offence under—

(a) any provision of this Order, or

(b) any provision of the Order of 1981 other than an offence under Article 132, 133, 136, or 137 of that Order.

Provision of specimens for analysis

18.—(1) In the course of an investigation into whether a person has committed an offence under Article 14, 15 or 16 a constable may, subject to the following provisions of this Article and Article 20, require him—

(a) to provide 2 specimens of breath for analysis by means of a device of a type approved by the Head of the Department, or

(b) to provide a specimen of blood or urine for a laboratory test.

(2) A requirement under paragraph (1)(a) may be made to provide the specimens of breath—

(a) at or in the vicinity of the place where the requirement is made if facilities for the specimens to be taken are available and it is practicable to take them there, or

(b) at a police station.

(3) A requirement under paragraph (1)(a) may be made only by a constable who is especially authorised by the Chief Constable to make such requirements.

(4) A requirement under paragraph (1)(b) to provide a specimen of blood or urine can only be made at a police station or at a hospital; and it cannot be made at a police station unless—

(a) the constable making the requirement has reasonable cause to believe that a specimen of breath cannot be provided or should not be required, or

(b) at the time the requirement is made a device or a reliable device of the type mentioned in paragraph (1)(a) is not available at the police station or it is then for any other reason not practicable to use such a device there, or

(c) the suspected offence is one under Article 14 or 15 and the constable making the requirement has been advised by a medical practitioner that the condition of the person required to provide the specimen might be due to some drug,

but may then be made notwithstanding that the person required to provide the specimen has already provided or been required to provide 2 specimens of breath.

(5) If the provision of a specimen other than a specimen of breath may be required in pursuance of this Article the question whether it is to be a specimen of blood or a specimen of urine shall be decided by the constable making the requirement, but if a medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken the specimen shall be a specimen of urine.

(6) A specimen or urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine.

(7) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this Article is guilty of an offence.

(8) A constable must, on requiring any person to provide a specimen in pursuance of this Article, warn him that a failure to provide it may render him liable to prosecution.

(9) For the purposes of paragraph (1)(a) a device shall be treated as of a type approved by the Head of the Department where a statement that the Head of the Department has approved a device of that type is included in the Belfast Gazette.

Choice of specimens of breath

19.—(1) Subject to paragraph (2), of any 2 specimens of breath provided by any person in pursuance of Article 18, that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.

(2) If the specimen with the lower proportion of alcohol contains no more than 50 microgrammes of alcohol in 100 millilitres of breath, the person who provided it may claim that it should be replaced by such specimen as may be required under Article 18(5) and, if he then provides such a specimen, neither specimen of breath shall be used.

(3) The Department may by regulations substitute another proportion of alcohol in the breath for that specified in paragraph (2).

Protection for hospital patients

20.—(1) While a person is at a hospital as a patient he shall not be required to provide a specimen of breath for a preliminary breath test or for analysis, or to provide a specimen of blood or urine for a laboratory test, unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—

(a) if the requirement is then made, it shall be for the provision of a specimen at the hospital, but

(b) if the medical practitioner objects on the ground specified in paragraph (2), the requirement shall not be made.

(2) The ground on which the medical practitioner may object is that the requirement or the provision of a specimen or, in the case of a specimen of blood or urine, the warning required under Article 18(8), would be prejudicial to the proper care and treatment of the patient.

Detention of persons affected by alcohol or a drug

21.—(1) Subject to paragraphs (2) and (3), a person required to provide a specimen of breath, blood or urine may afterwards be detained at a police station until it appears to the constable that, were the person then driving or attempting to drive a mechanically propelled vehicle on a road, he would not be committing an offence under Article 15 or 16.

(2) A person shall not be detained in pursuance of this Article if it appears to a constable that there is no likelihood of his driving or attempting to drive a mechanically propelled vehicle whilst his ability to drive properly is impaired or whilst the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

(3) A constable must consult a medical practitioner on any question arising under this Article whether a person’s ability to drive properly is or might be impaired through drugs and must act on the medical practitioner’s advice.

Authorised motoring events

Disapplication of Articles 9, 10 and 12 for authorised motoring events

22.—(1) A person shall not be guilty of an offence under Article 9, 10 and 12 by virtue of driving a vehicle in a public place other than a road if he shows that he was driving in accordance with an authorisation for a motoring event given under regulations made by the Department.

(2) Regulations under this Article may in particular—

(a) prescribe the persons by whom, and limit the circumstances in which and the places in respect of which, authorisations may be given under the regulations;

(b) specify conditions which must be included among those incorporated in authorisations;

(c) provide for authorisations to cease to have effect in prescribed circumstances;

(d) provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations.

Protective measures: seat belts, helmets, etc.

Seat belts: adults

23.—(1) The Department may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.

(2) Regulations under this Article—

(a) may make different provision in relatoin to different classes of vehicles, different descriptions of persons and different circumstances;

(b) may, for the purpose of implementing the seat belt Directive, authorise the wearing of a seat belt approved under the law of a member State other than the United Kingdom;

(c) shall include exceptions for—

(i) the users of vehicles constructed or adapted for the delivery of goods or mail to consumers or addressees, as the case may be, while engaged in making local rounds of deliveries;

(ii) the drivers of vehicles while performing a manoeuvre which includes reversing;

(iii) any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt;

(d) shall, for the propose of implementing the seat belt Directive, include an exception for any person holding a certificate to the like effect as that mentioned in sub-paragraph (c)(iii) which was issued in a member State other than the United Kingdom and which, under the law of that State, is valid for purposes corresponding to those of this Article;

(e) may make any prescribed exceptions subject to such conditions as may be prescribed; and

(f) may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.

(3) A person who drives or rides in a motor vehicle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.

(4) If the holder of any such certificate as is referred to in paragraph (2)(c) or (d) is informed by a constable that he may be prosecuted for an offence under paragraph (3), he is not in proceedings for that offence entitled to rely on the exception afforded to him by the certificate unless—

(a) it is produced to the constable at the time he is so informed; or

(b) it is produced—

(i) within 7 days after the date on which he is so informed, or

(ii) as soon as is reasonably practicable,

at such police station as he may have specified to the constable; or

(c) where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the day on which the proceedings are commenced.

(5) For the purposes of paragraph (4), the service of a summons on the accused shall be treated as the commencement of the proceedings.

(6) Regulations under this Article requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of 14 years.

(7) In this Article, “the seat belt Directive” means the Directive of the Council of the European Communities, dated 16th December 1991 (No. 91/671/EEC), on the approximation of the laws of member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes.

Restriction on carrying children not wearing seat belts in motor vehicles

24.—(1) Except as provided by regulations, where a child under the age of 14 years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

(2) It is an offence for a person to drive a motor vehicle in contravention of paragraph (1).

(3) Except as provided by regulations, where a child under the age of 14 years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

(4) Except as provided by regulations, where—

(a) a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car;

(b) no seat belt is fitted in the rear of the passenger car; and

(c) a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,

a person must not without reasonable excuse drive the passenger car on a road.

(5) It is an offence for a person to drive a motor vehicle in contravention of paragraph (3) or (4).

(6) Provision may be made by regulations—

(a) excepting from the prohibition in paragraph (1), (3) or (4) children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed.

(b) defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of paragraph (1) or (4) or as the rear of the vehicle for the purposes of paragraph (3) or (4);

(c) prescribing for the purposes of paragraph (1) or (3) the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.

(7) Without prejudice to the generality of paragraph (6), regulations made by virtue of sub-paragraph (c) of that paragraph may, for the purpose of implementing the seat belt Directive,—

(a) make different provision in relation to different vehicles and different circumstances;

(b) authorise the wearing of a seat belt approved under the law of any member State other than the United Kingdom.

(8) Regulations made for the purposes of paragraph (3) or (4)—

(a) shall include an exemption for any child holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt; and

(b) shall, for the purpose of implementing the seat belt Directive, include an exemption for any child holding a certificate to the like effect which was issued in any member State other than the United Kingdom and which, under the law of that state, is valid for purposes corresponding to those of this Article,

but such regulations may, for the purpose of implementing that Directive, make either of those exemptions subject to such conditions as may be prescribed.

(9) If the driver of a motor vehicle is informed by a constable that he may be prosecuted for an offence under paragraph (5), he is not in proceedings for that offence entitled to rely on a exception afforded to a child by a certificate referred to in paragraph (8) unless—

(a) it is produced to the constable at the time he is so informed, or

(b) it is produced—

(i) within 7 days after the date on which he is so informed, or

(ii) as soon as is reasonably practicable,

at such police station as he may have specified to the constable, or

(c) where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

(10) For the purposes of paragraph (9), the service of a summons on the accused shall be treated as the commencement of the proceedings.

(11) In this Article—

• “maximum laden weight” in relation to a vehicle means—

  (a)

  in the case of a vehicle in respect of which a gross weight not to be exceeded is specified in construction and use requirements, that weight; or

  (b)

  in the case of a vehicle in respect of which no such weight is specified in construction and use requirements, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden,

  and in sub-paragraphs (a) and (b), the expression “construction and use requirements” has the meaning given in Article 53;

• “passenger car” means a motor vehicle which—

  (a)

  is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

  (b)

  has no more than 8 seats in addition to the driver’s seat,

  (c)

  has 4 or more wheels,

  (d)

  has a maximum design in speed exceeding 25 kilometres per hour, and

  (e)

  has a maximum laden weight not exceeding 3.5 tonnes;

• “regulations” means regulations made by the Department under this Article;

• “seat belt” includes any description of restraining device for a child and any reference to wearing a seat belt shall be construed accordingly; and

• “the seat belt Directive” has the same meaning as in Article 23.

Payments in respect of applicants for exemption from wearing seat belts

25.—(1) The Department may make payments in respect of the examination of applicants falling within any class mentioned in paragraph (2) being applicants for medical certificates required as a condition of any exception prescribed by regulations under Article 23 or 24 (wearing of seat belts).

(2) The classes referred to in paragraph (1) are—

(a) those in receipt of—

(i) attendance allowance under section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(6);

(ii) a disability living allowance under section 71 of that Act;

(iii) disablement pension under section 103 of that Act at a weekly rate increased by virtue of section 104(1) of that Act (constant attendance needed);

(iv) an allowance under Article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(7) (constant attendance allowance);

(v) a mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939(8) or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977(9) (war pensioners' mobility supplement); or

(vi) a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen’s Regulations for the Royal Air Force;

(b) those in receipt of income support, family credit or disability working allowance and their dependants; and

(c) those whose names are in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(10).

(3) The Department may by order amend paragraph (2) (whether as originally enacted or as previously amended under this paragraph) so as to omit any of the classes mentioned in that paragraph or add to or substitute for any of those classes other classes of any description.

Safety equipment for children in motor vehicles

26.—(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this Article applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles.

(2) Regulations under this Article may make provision for securing that when equipment of a type prescribed by the regulations is sold, or offered or exposed for sale, as equipment which is so conducive—

(a) appropriate information is provided in relation to it in such manner as may be prescribed; and

(b) inappropriate information is not provided in relation to it.

(3) Except in such circumstances as may be prescribed, if a person sells, or offers or exposes for sale, equipment of any description for which a type is prescribed under this Article as equipment which is so conducive and that equipment

(a) is not of a type so prescribed, or

(b) is sold, or offered or exposed for sale, in contravention of regulations under this Article,

he is, subject to paragraph (5), guilty of an offence.

(4) Except in such circumstances as may be prescribed, if a person sells, or offers or exposes for sale, equipment of any description for which a type is prescribed under this Article as equipment conducive to the safety in the event of accident

(a) of children not of a class prescribed in relation to equipment of that type, or

(b) of children in motor vehicles not of a class prescribed in relation to equipment of that type,

he is, subject to paragraph (5), guilty of an offence.

(5) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of equipment if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.

(6) The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.

(7) This Article applies to equipment of any description for use in a motor vehicle consisting of—

(a) a restraining device for a child or for a carry-cot, or

(b) equipment designed for use by a child in conjunction with any description of restraining device.

(8) References in this Article to selling or sale include references to letting on hire and offering or exposing for sale shall be construed accordingly.

Wearing of protective headgear

27.—(1) The Department may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in sidecars) on motor cycles of any class or description specified in the regulations to wear protective headgear of such description as may be so specified.

(2) A requirement imposed by regulations under this Article shall not apply to any follower of the Sikh religion while he is wearing a turban.

(3) A person who drives or rides on a motor cycle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of 16 years.

Protective helmets for motor cyclists

28.—(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of helmet recommended as affording protection to persons on or in motor cycles, or motor cycles of different classes, from injury in the event of accident.

(2) If a person sells, or offers or exposes for sale, a helmet as a helmet for affording such protection and the helmet is neither—

(a) of a type prescribed under this Article, nor

(b) of a type authorised under regulations made under this Article and sold, or offered or exposed for sale, subject to any conditions specified in the authorisation,

subject to paragraph (3), he is guilty of an offence.

(3) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of a helmet if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.

(4) The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.

(5) In this Article and Schedule 1 “helmet” includes any head-dress, and references to selling or sale shall include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.

Authorisation of head-worn appliances for use on motor cycles

29.—(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this Article applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations.

(2) Regulations under this Article may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used.

(3) If a person driving or riding on a motor cycle on a road uses an appliance of any description for which a type is prescribed under this Article and that appliance—

(a) is not of a type so prescribed, or

(b) is otherwise used in contravention of regulations under this Article,

he is guilty of an offence.

(4) If a person sells, or offers or exposes for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this Article as authorised for such use, he is, subject to paragraph (5), guilty of an offence.

(5) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of an appliance if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.

(6) The provisions of Schedule 1 shall have effect in relation to contravention of paragraph (4).

(7) This Article applies to appliances of any description designed or adapted for use—

(a) with any headgear, or

(b) by being attached to or placed upon the head,

(as, for example, eye protectors or earphones).

(8) References in this Article to selling or sale include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.

Stopping on verges, etc., or in dangerous positions, etc.

Prohibition of parking of heavy commercial vehicles on verges, central reservations and footways

30.—(1) Subject to paragraph (2), a person who parks a heavy commercial vehicle (as defined in Article 31) wholly or partly—

(a) on the verge of a road, or

(b) on any land situated between two carriageways and which is not a footway, or

(c) on a footway,

is guilty of an offence.

(2) A person shall not be convicted of an offence under this Article in respect of a vehicle if he proves to the satisfaction of the court—

(a) that it was parked in accordance with permission given by a constable in uniform or a traffic warden;

(b) that it was parked in contravention of this Article for the purpose of saving life, extinguishing fire or meeting any other like emergency, or because of circumstances beyond the control of the person in charge of the vehicle; or

(c) that it was parked in contravention of this Article but the conditions specified in paragraph (3) were satisfied.

(3) The conditions mentioned in paragraph (2)(c) are—

(a) that the vehicle was parked on the verge of a road or on a footway for the purpose of loading or unloading; and

(b) that the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been parked on the footway or verge; and

(c) that the vehicle was not left unattended at any time while it was so parked.

(4) In this Article—

• “road”, without prejudice to any provision made under Article 20 of the Roads (Northern Ireland) Order 1993(11), does not include a “special road” within the meaning of that Order; and

• “verge” means the unpaved area flanking a carriageway and forming part of the road

Definition of “heavy commercial vehicle” for the purposes of Article 30

31.—(1) In Article 30 “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.

(2) The operating weight of a goods vehicle for the purposes of this Article is

(a) in the case of a motor vehicle not drawing a trailer or in the case of a trailer, its maximum laden weight;

(b) in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and

(c) in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.

(3) In this Article “articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it; and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Northern Ireland without contravening any regulations for the time being in force under Article 55.

(4) In this Article, and in the definition of “goods vehicle” in Article 2(2) as it applies for the purposes of this Article, “trailer” means any vehicle other than a motor vehicle.

(5) The Department may by regulations amend paragraphs (1) and (2) (whether as originally enacted or as previously amended under this paragraph)—

(a) by substituting weights of a different description for any of the weights there mentioned;

(b) in the case of paragraph (1), by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.

(6) Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954(12), different regulations may be made under paragraph (5) as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects different localities.

(7) Regulations under paragraph (5) shall not so amend paragraph (1) that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with paragraph (2) as originally enacted) does not exceed 7.5 tonnes is a heavy commercial vehicle for any of the purposes of Article 30.

Leaving vehicles in dangerous positions

32.  If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to cause or to be likely to cause any obstruction or danger, he is guilty of an offence.

Danger to road-users

Causing danger to road-users

33.—(1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—

(a) causes anything to be on or over a road; or

(b) interferes with a motor vehicle, trailer or cycle; or

(c) interferes (directly or indirectly) with traffic equipment,

in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.

(2) In paragraph (1) “dangerous” refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that paragraph that would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(3) In paragraph (1) “traffic equipment” means—

(a) anything lawfully placed on or near a road by, or on behalf of, the Department;

(b) a traffic sign lawfully placed on or near a road by a person other than the Department;

(c) any fence, barrier or light lawfully placed on or near a road—

(i) by a person other than the Department in connection with the execution of works of any description on or in a road; or

(ii) by a constable or a person acting under the instructions or directions (whether general or specific) of the Chief Constable.

(4) For the purposes of paragraph (3) anything placed on or near a road shall unless the contrary is proved be deemed to have been lawfully placed there.

(5) In this Article “road” does not include a footpath, public path or other public right of way.

Other restrictions in interests of safety

Restrictions of carriage of persons on motor bicycles

34.—(1) Not more than one person in addition to the driver may be carried on a motor bicycle.

(2) No person in addition to the driver may be carried on a motor bicycle otherwise than sitting astride the motor bicycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.

(3) If a person is carried on a motor bicycle in contravention of this Article, the driver of the motor cycle is guilty of an offence.

Restrictions of carriage of persons on bicycles

35.—(1) Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.

(2) In this Article references to a person carried on a bicycle include references to a person riding the bicycle.

(3) If a person is carried on a bicycle in contravention of paragraph (1), each of the persons carried is guilty of an offence.

Tampering with motor vehicles

36.  If, while a motor vehicle is on a road or other public place, a person—

(a) gets on to the vehicle; or

(b) tampers with any part of the vehicle or its equipment,

without lawful authority or reasonable cause, he is guilty of an offence.

Holding or getting on to vehicle in order to be towed or carried

37.—(1) If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence.

(2) If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence.

Pedestrian endangering own safety or that of others

38.  If a pedestrian through his own negligence on a road endangers his own safety, or that of any other person, he is guilty of an offence.

Passing with a led horse

39.—(1) A person who, while riding a horse on a road, leads another horse, shall keep that other horse on his left or near side while any person or vehicle is passing him.

(2) A person who contravenes paragraph (1) is guilty of an offence.

Drunkenness, etc., in charge of horse-drawn vehicle

40.—(1) A person who when driving, attempting to drive or in charge of, a vehicle drawn by a horse or other animal on a road or other public place, is unfit to drive through drink or drugs (that is to say, is under the influence of drink or a drug to such extent as to be incapable of having proper control of the vehicle), is guilty of an offence.

(2) Any person liable to be charged with an offence under this Article shall not be liable to be charged under Article 10(2) of the Criminal Justice (Northern Ireland) Order 1980(13) (being drunk while in charge in a road or other public place of an animal).

Careless, and inconsiderate, driving of horse-drawn vehicle

41.  If a person drives a vehicle drawn by a horse or other animal on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.

Cycling offences and cycle racing

Dangerous cycling

42.—(1) A person who rides a cycle dangerously on a road or other public place is guilty of an offence.

(2) For the purposes of paragraph (1), a person is to be regarded as riding dangerously if (and only if)—

(a) the way he rides falls far below what would be expected of a competent and careful cyclist; and

(b) it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

(3) In paragraph (2) “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that paragraph what would be obvious to a competent and careful cyclist in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

Careless, and inconsiderate, cycling

43.  If a person rides a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.

Cycling when under influence of drink or drugs

44.  A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.

Regulation of cycle racing on public roads

45.—(1) A person who promotes or takes part in a race or trial of speed on a public road between cycles is guilty of an offence, unless the race or trial

(a) is authorised; and

(b) is conducted in accordance with any conditions imposed, by or under regulations under this Article.

(2) The Department may by regulations authorise, or provide for authorising, for the purposes of paragraph (1), the holding on a public road

(a) of races or trials of speed of any class or description; or

(b) of a particular race or trial of speed,

in such cases as may be prescribed and subject to such conditions as may be imposed by or under the regulations.

(3) Regulations under this Article may prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations.

(4) Without prejudice to any other powers exercisable in that behalf, the Chief Constable may give directions with respect to the movement of, or the route to be followed by, vehicular and other traffic during any period, being directions which it is necessary or expedient to give in ration to that period to prevent or mitigate—

(a) congestion or obstruction of traffic; or

(b) danger to or from traffic,

in consequence of the holding of a race or trial of speed authorised by or under regulations under this Article.

(5) Directions under paragraph (4) may include a direction that any road or part of a road specified in the direction shall be closed during the period to such traffic or to such classes or descriptions of traffic as may be so specified.

(6) A person who wilfully contravenes any direction given under paragraph (4) is guilty of an offence.

Electrically assisted pedal cycles

46.—(1) An electrically assisted pedal cycle of a class specified in regulations made for the purposes of Article 6 shall not be driven on a road by a person under the age of 14.

(2) A person who—

(a) drives such a pedal cycle; or

(b) knowing or suspecting that another person is under the age of 14, causes or permits him to drive such a pedal cycle,

in contravention of paragraph (1), is guilty of an offence.

Use of motor vehicle etc., away from roads

Control of use of public paths, etc., for motor vehicle trials

47.—(1) A person must not promote or take part in a trial of any description between motor vehicles on a public path or other public right of way unless the holding of the trial has been authorised under this Article by the district council.

(2) A district council shall not give an authorisation under this Article unless satisfied that consent in writing to the use of any length of public path or other public right of way for the purposes of the trial has been given by the owner and by the occupier of the land over which that length of public path or other public right of way runs, and any such authorisation may be given subject to compliance with such conditions as the district council thinks fit.

(3) A person who—

(a) contravenes paragraph (1); or

(b) fails to comply with any conditions subject to which an authorisation under this Article has been granted,

is guilty of an offence.

(4) The holding of a trial authorised under this Article is not affected by any statutory provision prohibiting or restricting the use of public paths or other public rights of way or a specified public path or other public right of way; but this Article does not prejudice any right or remedy of a person as having any interest in land.

(5) In the case of a public path or other public right of way which runs over Crown land, the reference in paragraph (2) to the owner of the land shall be construed as a reference to the appropriate authority.

(6) In paragraph (5) “Crown land” and “appropriate authority” have the same meaning as in Article 53 of the Access to the Countryside (Northern Ireland) Order 1983(14).

Prohibition of driving mechanically propelled vehicles elsewhere than on roads

48.—(1) Subject to the provisions of this Article, if without lawful authority or reasonable excuse a person drives a mechanically propelled vehicle on to or upon any land in the open air, being land to which the public has or is permitted to have access (whether on payment of a fee or otherwise), he is guilty of an offence.

(2) For the purposes of paragraph (1) “land in the open air” includes a place partly open to the air.

(3) In this Article “land” does not include land forming part of—

(a) a road, or

(b) a public place,

on or over which motor vehicles may lawfully be driven.

(4) It is not an offence under this Article to drive a mechanically propelled vehicle on any land within 15 metres of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(5) It is hereby declared that nothing in this Article prejudices the operation of any byelaws applying to any land, or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

Traffic directions and traffic signs

Contravention of traffic directions or traffic signs

49.  If a person, without reasonable excuse, contravenes a direction given by a constable in uniform carrying out functions under the Road Traffic Orders or an indication given by a traffic sign, except where that indication is at variance with a direction given by a constable in uniform, he is guilty of an offence.

Traffic directions for purposes of traffic surveys

50.—(1) A constable in uniform giving a traffic direction for the purposes of a traffic survey of any description which is carried out on or in the vicinity of a road shall be deemed for the purposes of Article 49 to be carrying out functions under the Road Traffic Orders.

(2) Article 49 shall apply to a traffic sign by which an indication is given for the purposes of the survey.

(3) In this Article “traffic direction” and “indication” mean a direction or indication—

(a) to stop a vehicle,

(b) to make it proceed in, or keep to, a particular line of traffic, or

(c) to make it proceed to a particular point on or near the road on which the vehicle is being driven or propelled,

but does not include a direction or indication requiring any person to furnish any information for the purposes of a traffic survey.

(4) The power to give a traffic direction or indication for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to furnish any information for the purpose of the survey.

Promotion of road safety

Highway Code

51.—(1) The Highway Code shall continue to have effect, subject however to revision in accordance with the following provisions of this Article.

(2) Subject to the following provisions of this Article, the Department may revise the Highway Code by revoking, varying, amending or adding to the provisions of the Code in such manner as it thinks fit.

(3) Where the Department proposes to revise the Highway Code by making any alterations in the provisions of the Code (other than alterations merely consequential on the passing, amendment or repeal of any statutory provision) the proposed revision shall, as soon as it is prepared by the Department, be subject to negative resolution.

(4) Before revising the Highway Code by making any alterations in its provisions, which under paragraph (3) are subject to negative resolution, the Department must consult with such representative organisations as it thinks fit.

(5) The Department must cause the Highway Code to be printed and may cause copies of it to be sold to the public at such price as the Department may determine.

(6) A failure on the part of any person to observe any provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Road Traffic Orders) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

(7) In this Article “the Highway Code” means the code comprising directions for the guidance of persons using roads issued under Article 130 of the Order of 1981, as from time to time revised under this Article or under any previous enactment.

Powers of Department as to giving road safety information and training

52.—(1) The Department may, with the approval of the Department of Finance and Personnel, provide for promoting road safety by disseminating information or advice relating to the use of roads.

(2) The Department must prepare and carry out a programme of measures designed to promote road safety and may, with the approval of the Department of Finance and Personnel, make contributions towards the cost of measures for promoting road safety, being measures taken by any authority, body or person.

(3) Without prejudice to the generality of paragraph (2), in pursuance of its duty under that paragraph the Department—

(a) must carry out studies into accidents arising out of the use of vehicles on roads or parts of roads;

(b) must, in the light of those studies, take such measures as appear to the Department to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of roads, the giving, or making arrangements for the giving, of practical training to road users or any class or description of road users, the construction, improvement, maintenance or repair of roads which are maintainable by the Department, and other measures taken in the exercise of the Department’s powers for controlling, protecting or assisting the movement of traffic on roads; and

(c) in constructing new roads, must take such measures as appear to the Department to be appropriate to reduce the possibilities of such accidents when the roads come into use.

Part III Construction and Use of Vehicles and Equipment

Preliminary

Interpretation of Part III

53.  In this Part—

“the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transport, as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 1987(15) and the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations (Northern Ireland) 1988(16);

“construction and use requirements” means requirements, whether applicable generally or at specified times or in specified circumstances, imposed under Article 55;

“examination for plating” has the meaning given in Article 65(4);

“goods vehicle test” has the meaning given in Article 65(4);

“goods vehicle test certificate” has the meaning given in Article 65(2)(b);

• “plating certificate” has the meaning given in Article 65(2)(a);

“plated particulars” means such particulars as are required to be marked on a goods vehicle in pursuance of regulations under Article 55 by means of a plate;

“plated weights” means such weights as are required to be so marked.

“sold or supplied by retail” means sold or supplied otherwise than to a person acquiring solely for the purpose of release or of re-supply for a valuable consideration;

“tail lamp” means, in relation to a vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with regulations under Article 55;

“test certificate” has the meaning given in Article 61(2)(b);

“vehicle examiner” has the meaning given in Article 74;

“vehicle testing centre” has the meaning given in Article 73.

Using vehicle in dangerous condition

Using vehicle in dangerous condition etc.

54.  A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—

(a) the condition of the motor vehicle or trailer, or of its accessories or equipment; or

(b) the purpose for which it is used; or

(c) the number of passengers carried by it, or the manner in which they are carried; or

(d) the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person.

General regulation of construction, use, etc.

Regulation of construction, weight, equipment and use of vehicles

55.—(1) The Department may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used.

• Paragraphs (2) to (4) do not affect the generality of this paragraph.

(2) In particular, the regulations may make provision with respect to any of the following matters—

(a) the width, height and length of motor vehicles and trailers and the load carried by them, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers;

(b) the emission or consumption of smoke, fumes or vapour and the emission of sparks, ashes and grit;

(c) noise

(d) the maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum weight laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area of the road by a motor vehicle or trailer of any class or by any part of or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested;

(e) the particulars to be marked on motor vehicles and trailers (by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked;

(f) the towing of or drawing of vehicles by motor vehicles;

(g) the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order;

(h) lighting equipment and reflectors;

(i) the testing and inspection, by persons authorised by or under the regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers on any premises where they are (if the owner of the premises consents);

(j) speed limiters;

(k) the appliances to be fitted for—

(i) signalling the approach of a motor vehicle, or

(ii) enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, or

(iii) intimating any intended change of speed or direction of a motor vehicle,

and the use of any such appliance, and for securing that any such appliance is efficient and kept in proper working order;

(l) for prohibiting the use of appliances fitted to motor vehicles for signalling their approach, being appliances for signalling by sound, at any times, or on or in any roads or localities, specified in the regulations.

(3) The Department may, as respects goods vehicles, make regulations under this Article—

(a) prescribing other descriptions of weight which are not to be exceeded in the case of such vehicles;

(b) providing that weights of any description or other particulars which are to be marked on particular goods vehicles may be determined in accordance with regulations under Article 65.

(4) Regulations under this Article with respect to lighting equipment and reflectors

(a) may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations; and

(b) may extend, in like manner as to motor vehicles and trailers, to vehicles of any description used on roads, whether or not they are mechanically propelled.

(5) Regulations under this Article with respect to speed limiters may include provision—

(a) as to the checking and sealing of speed limiters by persons authorised in accordance with the regulations and the making of charges by them;

(b) imposing or providing for the imposition of conditions to be complied with by authorised persons;

(c) as to the withdrawal of authorisations.

(6) Different regulations may be made under this Article as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.

Breach of requirement as to brakes, steering-gear or tyres

56.  A person who—

(a) contravenes a construction and use requirement as to brakes, steering-gear or tyres; or

(b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

Breach of requirement as to weight: goods and passenger vehicles

57.—(1) A person who—

(a) contravenes a construction and use requirement as to any description of weight applicable to—

(i) a goods vehicle; or

(ii) a motor vehicle or trailer adapted to carry more than eight passengers; or

(b) uses on a road a vehicle which does not comply with such a requirement, or causes or permits a vehicle to be so used,

is guilty of an offence.

(2) In any proceedings for an offence under this Article in which there is alleged a contravention of a construction and use requirement as to any description of weight applicable to a goods vehicle, it shall be a defence to prove either—

(a) that at the time when the vehicle was being used on the road

(i) it was proceeding to a weighbridge which was the nearest available one to the place where the loading of the vehicle was completed for the purpose of being weighed, or

(ii) it was proceeding from a weighbridge after being weighed to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit, without causing an obstruction on any road, or

(b) in a case where the limit of that weight was not exceeded by more than 5 per cent.—

(i) that that limit was not exceeded at the time when the loading of the vehicle was originally completed, and

(ii) that since that time no person has made any addition to the load.

Breach of other construction and use requirements

58.  A person who—

(a) contravenes any construction or use requirement other than one within Article 56(a) or 57(1)(a); or

(b) uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

Temporary exemption from application of regulations under Article 55

59.—(1) Subject to paragraphs (2) to (4), where any regulations under Article 55 contain provisions varying the requirements as regards the construction or weight of any class of vehicles, provision shall be made by the regulations for exempting from those provisions for such period, not being less than 5 years, as may be specified in the regulations any vehicle of that class registered under the Vehicle Excise and Registration Act 1994(17) before the expiration of one year from the making of the regulations.

(2) No such provision contained in regulations under Article 55 as imposes or varies requirements with respect to the braking systems with which motor vehicles must be equipped shall be taken, for the purposes of paragraph (1) or of any other provision of the regulations, to be one relating to the construction of vehicles.

(3) Where regulations under Article 55 contain provisions varying the requirements as regards the construction or weight of any class of vehicle, and the Department is satisfied—

(a) that it is requisite that those provisions shall apply at a date specified in the regulations to vehicles registered before the expiration of one year from the making of the regulations, or to such of them as are specified in the regulations; and

(b) that no undue hardship or inconvenience will be caused by their application then to those vehicles,

then, if the regulations state that the Department is so satisfied, paragraph (1) shall not apply in relation to those provisions.

(4) Paragraph (1) shall not apply in relation to—

(a) regulations made with respect to any description of weight of goods vehicles, other than their maximum unladen weight; or

(b) regulations made by virtue of Article 55(3).

Authorisation of use on roads of special vehicles not complying with regulations under Article 55

60.—(1) The Department may by order authorise, subject to such restrictions and conditions as may be specified by or under the order, the use on roads

(a) of special motor vehicles or trailers, or special types of motor vehicles or trailers, which are constructed either for special purposes or for tests or trials;

(b) of vehicles or trailers, or types of vehicles or trailers, constructed for use outside the United Kingdom;

(c) of new or improved types of motor vehicles or trailers, whether wheeled or wheelless, or of motor vehicles or trailers equipped with new or improved equipment or types of equipment;

(d) of vehicles or trailers carrying loads of exceptional dimensions,

and Articles 54 to 58 shall not apply in relation to vehicles, trailers or types authorised in accordance with the order.

(2) The Department may by order make provision for securing that, subject to such restrictions and conditions as may be specified by or under the order, regulations under Article 55 shall have effect in their application to such vehicles, trailers and types of vehicles and trailers as are mentioned in paragraph (1) subject to such modifications or exceptions as may be specified in the order.

(3) The Statutory Rules (Northern Ireland) Order 1979(18) shall not apply to an order made by the Department under this Article where the order applies only

(a) to specified vehicles; or

(b) to vehicles of specified persons,

and any such order may be varied or revoked by subsequent order of the Department.

Tests of vehicles other than goods vehicles to which Article 65 applies

Tests of satisfactory condition of vehicles

61.—(1) This Article applies to motor vehicles other than goods vehicles which are required by regulations under Article 65 to be submitted for a vehicle test under that Article and has effect for the purpose of ascertaining whether the following requirements are complied with namely—

(a) the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment; and

(b) the requirement that the condition of motor vehicles should not be such that their use on a road would involve a danger of injury to any person.

(2) The Department may by regulations make provision—

(a) for the examination of vehicles submitted for examination under this Article; and

(b) for the issue, where it is found on such an examination that the requirements mentioned in paragraph (1) are complied with, of a certificate (in this Order referred to as a “test certificate”) that at the date of the examination the requirements were complied with in relation to the vehicle.

(3) Examinations for the purposes of this Article shall be carried out by—

(a) persons, not being officers of the Department, authorised for those purposes by the Department (in this Article and Article 62 referred to as “authorised examiners”); or

(b) vehicle examiners.

(4) Where a test certificate is refused, the examiner must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Department.

(5) On any such appeal the Department must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.

(6) The Department may make regulations under this Article for the purpose of giving effect to this Article and for prescribing anything authorised by this Article and Article 62 to be prescribed.

(7) In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this Article shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

Particular aspects of regulations under Article 61

62.  Regulations under Article 61 may, in particular, make provision as to—

(a) the authorisation of examiners in accordance within paragraph (3)(a) of that Article, the imposition of conditions to be complied with by authorised examiners and the withdrawal of authorisations;

(b) the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out;

(c) the manner in which applications may be made for the examination of vehicles under Article 61, the manner in which and time within which appeals may be brought under paragraph (4) of that Article, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application, examination or appeal, and the repayment of the whole or part of the fee paid on such an application, or on such an appeal where it appears to the Department that there were substantial grounds for contesting the whole or part of the decision appealed against or in such other circumstances as may be prescribed;

(d) the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates, and the supply by the Department of forms for such certificates and notifications and the charges to be made for the supply of such forms;

(e) the issue of duplicates of test certificates lost or defaced and the fee to be paid for the issue of such duplicates;

(f) the issue of copies of test certificates and the fee to be paid for the issue of such copies;

(g) the display of test certificates on prescribed vehicles;

(h) the suspension of revocation of test certificates in such circumstances as may be prescribed;

(i) the keeping by authorised examiners of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed;

(j) the keeping of records by authorised examiners and the providing by them of returns and information to the Department.

Obligatory test certificates

63.—(1) A person who uses on a road or other public place at any time, or causes or permits to be so used, a motor vehicle to which this Article applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.

• In this Article and Article 64, the “appropriate period” means a period of 12 months or such shorter period as may be prescribed.

(2) Subject to paragraphs (3) and (5), the motor vehicles to which this Article applies at any time are—

(a) those first registered under the Vehicle Excise and Registration Act 1994(19) or any earlier corresponding legislation, not less than 5 years before that time; and

(b) those which, having a date of manufacture not less than 5 years before that time, have been used on roads (whether in Northern Ireland or elsewhere) before being so registered,

being, in either case, motor vehicles other than goods vehicles which are required by regulations under Article 65 to be submitted for a goods vehicle test.

(3) As respects a vehicle being—

(a) a motor vehicle used for the carriage of passengers and with more than 8 seats, excluding the driver’s seat; or

(b) a taxi (within the meaning of Article 79A(8) of the Order of 1981) being a vehicle used to stand or ply for hire or carry passengers for hire; or

(c) an ambulance, that is to say, a motor vehicle which is constructed or adapted, and primarily used, for the carriage of persons to a place where they will receive, or from a place where they have received, medical or dental treatment, and which, by reason of design, marking or equipment is readily identifiable as a vehicle so constructed or adapted,

paragraph (2)(a) shall have effect as if for the period there mentioned there were substituted a period of one year.

(4) For the purposes of paragraph (2)(b), there shall be disregarded—

(a) the use of a vehicle before it is sold or supplied by retail, and

(b) the use of a vehicle to which a motor dealer has assigned a mark under section 24 of the Vehicle Excise and Registration Act 1994 before it is registered by the Secretary of State under section 21(2) of that Act.

(5) This Article does not apply to vehicles of such classes as may be prescribed.

(6) The Department may by regulations exempt from paragraph (1) the use of vehicles of such purposes as may be prescribed.

(7) The Department may by regulations exempt from paragraph (1) the use of vehicles in any such area as may be prescribed.

(8) For the purpose of this Article the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.

(9) The Department may by order, made subject to affirmative resolution, direct—

(a) that paragraph (2) shall have effect with the substitution, for 5 years (in both places), of such other period (not being more than 10 years) as may be specified in the order; and

(b) that Article 78(3) shall have effect with the substitution, for 5 years, of that other period.

Supplementary provisions about test certificates

64.—(1) For the purpose of spreading the work of issuing certificates in contemplation of a change in—

(a) the length of the appropriate period; or

(b) the length of the period specified in Article 63(2)(a) and (b),

(and whether for the purposes of that Article or Article 72), the order or, as the case may be, regulations changing the length of that period may be made so as to come into operation on different days as respects vehicles first registered under the Vehicle Excise and Registration Act 1994(20) or any earlier corresponding legislation at different times.

(2) Where—

(a) within the appropriate period after a test certificate is issued or treated for the purposes of Article 63 as issued; but

(b) not earlier than one month before the end of that period,

a further test certificate is issued as respects the same vehicle, the further certificate shall be treated for the purpose of that Article as if issued at the end of the appropriate period.

(3) Where the particulars contained in a test certificate in accordance with regulations made under Article 61 include a date of expiry falling later, but not more than one month later, than the end of the appropriate period after the date on which it is issued

(a) the certificate shall be deemed to have been issued in respect of the same vehicle as an earlier test certificate; and

(b) the date on which it was issued shall be deemed to have been a date falling within the last month of the appropriate period after the date on which that earlier certificate was issued or treated for the purposes of Article 63 as issued;

and any date of expiry contained in a test certificate shall be deemed to have been entered in accordance with regulations under Article 61 unless the contrary is proved.

(4) The Department may by regulations make provision for the issue, in such circumstances as may be prescribed, of a certificate of temporary exemption in respect of a public service vehicle adapted to carry more than 8 passengers, exempting that vehicle from the provisions of Article 63(1) for such period as may be specified in the certificate.

(5) In relation to any public service vehicle so adapted—

(a) paragraphs (2) and (3) shall have effect as if for “one month”(in both places) there were substituted “2 month”; and

(b) paragraph (3) shall have effect as if for “last month” there were substituted “last 2 months”.

Test of certain classes of goods vehicles

Tests of satisfactory condition of goods vehicles and determination of plated weights, etc.

65.—(1) The Department may by regulations make provision for the examination of goods vehicles of any prescribed class—

(a) for the purpose of selecting or otherwise determining plated weights or other plated particular for goods vehicles of that class;

(b) for the purpose of ascertaining whether any prescribed construction and use requirements (whether relating to plated particulars or not) are complied with in the case of goods vehicles of that class; or

(c) for the purpose of ascertaining whether the condition of the vehicle is such that its use on a road or other public place would involve a danger or injury to any person,

or for any of those purposes.

(2) In particular the regulations may make provision—

(a) for the determination, according to criteria or by methods prescribed by or determined under the regulations, of the plated particulars for a goods vehicle (including its plated weights), on an examination of the vehicle for the purpose, and for the issue on such an examination, except as provided by regulations made by virtue of sub-paragraph (c), of a certificate (in this Order referred to as a “plating certificate”) specifying those particulars;

(b) for the use, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements and the requirement that the condition of the vehicle is not such that its use on a road or other public place would involve a danger of injury to any person, of a certificate (in this Order referred to as a “goods vehicle test certificate”) stating that the vehicle has been found so to comply; and

(c) for the refusal of a goods vehicle test certificate for a goods vehicle which is so found not to comply with those requirements and for requiring a written notification to be given—

(i) of any such refusal, and

(ii) of the grounds of the refusal,

and for the refusal of a plating certificate where a goods vehicle test certificate is refused.

(3) References in paragraphs (1) and (2) to construction and use requirements shall be construed—

(a) in relation to an examination of a vehicle solely for the purpose of ascertaining whether it complies with any such requirements, as references to such of those requirements as are applicable to the vehicle at the time of the test, and

(b) in relation to an examination of a vehicle both for that purpose and for the purpose of determining its plated particulars, as references to such of those requirements as will be applicable to the vehicle if a plating certificate is issued for it.

(4) In this Part—

“examination for plating” means an examination under regulations under this Article for the purpose of determining plated particulars for a goods vehicle, and

“goods vehicle test” means an examination under regulations under this Article for the purpose of ascertaining whether any prescribed construction and use requirements or the requirement that the condition of the vehicle is not such that its use on a road or other public place would involve a danger or injury to any person are complied with in the case of a goods vehicle.

(5) In this application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this Article shall have effect as if any reference to prescribed construction and use requirements included a reference to prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

Appeals against determinations

66.—(1) Any person aggrieved by a determination made on an examination under regulations under Article 65 by the person in charge of the examination may appeal to the Department.

(2) On the appeal the Department must cause the vehicle to be re-examined by an officer appointed by it for the purpose and must make such determination on the basis of the re-examination as it thinks fit.

(3) Regulations under Article 65 may make the like provision in relation to a determination on an appeal under this Article as they make in relation to a determination on an examination under the regulations.

Particular aspects of regulations under Article 65

67.—(1) Without prejudice to the generality of paragraph (1) of Article 65, regulations under that Article may—

(a) require or authorise goods vehicles to which the regulations apply to be submitted for examination under the regulations and, in particular—

(i) require any such vehicle to be submitted for a goods vehicle test at periodic intervals; and

(ii) require or authorise any such vehicle to be submitted for re-examination on the making of any prescribed alteration to it or its equipment and, for the purpose of determining whether any such re-examination is necessary, require any such alteration to be notified to the Department; and

(iii) require any such vehicle to be submitted for examination or re-examination for any purpose of plating or certification;

(b) authorise any examination under the regulations to be carried out by or under the direction of a vehicle examiner;

(c) prescribe the conditions subject to which vehicles will be accepted for such examination and, without prejudice to that—

(i) authorise any person by whom an examination of the vehicle under the regulations or Article 66 is carried out to drive the vehicle, whether on a road or elsewhere; and

(ii) require that a driver of a vehicle examined under those regulations or that Article is, except so far as permitted to be absent by the person carrying out the examination, present throughout the whole of the examination and drives the vehicle when directed to do so, and operates the controls in accordance with any directions given to him, by that person;

(d) require the plating certificate for any vehicle to which the regulations apply to specify any alteration to the vehicle or its equipment which is required by the regulations to be notified to the Department;

(e) authorise the amendment of a plating certificate or the issue of a different plating certificate on the re-examination of any vehicle;

(f) provide for the period of validity of goods vehicle test certificates;

(g) specify the manner in which, and the time before or within which, applications may be made for the examination of vehicles under the regulations or appeals may be brought under Article 66 and the information to be supplied and documents to be produced on any such application, examination or appeal;

(h) make provision as to the fees to be paid on any such application or appeal and as to the repayment of the whole or part of any fee paid on such an application or appeal where it appears to the Department that there were substantial grounds for contesting the whole or part of the determination appealed from or in such other circumstances as may be prescribed;

(i) make provision as to the form of, and particulars to be contained in, plating certificates and goods vehicle test certificates and notifications of the refusal of the latter certificates;

(j) make provision for the display of plating certificates or goods vehicle test certificates on prescribed goods vehicles;

(k) provide for the suspension or revocation of a plating certificate or a goods vehicle test certificate in such circumstances as may be prescribed;

(l) provide for the issue of replacements for plates marked with plated particulars, plating certificates and goods vehicle test certificates which have been lost or defaced and for the payment of a fee for their issue;

(m) exempt prescribed classes of vehicles from all or any of the provisions of the regulations either generally or in prescribed circumstances.

(2) Regulations under Article 65 may provide that a person who contravenes a requirement of regulations imposed by virtue of paragraph (1)(c)(ii) is guilty of an offence.

(3) In this Article any reference to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.

Supplementary provision about tests, etc., of goods vehicles

68.  Without prejudice to any regulations made under Article 65 by virtue of Article 67(1)(c), the Department may give directions with respect to the manner in which examinations under regulations under Article 65 or under Article 66 are to be carried out.

Obligatory goods vehicle test certificates

69.—(1) If any person at any time on or after the relevant date—

(a) uses on a road or other public place a goods vehicle of a class required by regulations under Article 65 to have been submitted for examination for plating; or

(b) causes or permits to be used on a road or other public place a goods vehicle of such a class,

and at that time there is no plating certificate in force for the vehicle, he is guilty of an offence.

• In this paragraph “relevant date”, in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for examination for plating.

(2) If any person at any time on or after the relevant date—

(a) uses on a road or other public place a goods vehicle of a class required by regulations under Article 65 to have been submitted for a goods vehicle test; or

(b) causes or permits to be used on a road or other public place a goods vehicle of such a class,

and at that time there is no goods vehicle test certificate in force for the vehicle, he is guilty of an offence.

• In this paragraph “relevant date”, in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for its first goods vehicle test.

(3) Any person who—

(a) uses a goods vehicle on a road or other public place; or

(b) causes or permits a goods vehicle to be so used,

when an alteration has been made to the vehicle or its equipment which is required by regulations under Article 65 to be, but has not been, notified to the Department is guilty of an offence.

(4) In any proceedings for an offence under paragraph (3), it shall be a defence to prove that the alteration was not specified in the relevant plating certificate in accordance with regulations under Article 65.

(5) The Department may by regulations—

(a) exempt from all or any of the preceding provisions of this Article the use of goods vehicles for such purposes or in such an area as may be prescribed; and

(b) make provision for the issue in respect of a vehicle in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle from the provisions of paragraph (1) or (2) for such period as may be specified in the certificate.

Using goods vehicle with unauthorised weights as well as authorised weights marked on it

70.—(1) If there is fixed to a goods vehicle a plate containing plated weights of any description—

(a) determined for that vehicle by virtue of Articles 65 to 68; or

(b) specified in a certificate for that vehicle under Article 31A(3) or (4) of the Order of 1981,

the vehicle shall not, while it is used on a road or other public place, be marked with any other weights, except other plated weights, other weights required or authorised to be marked on the vehicle by regulations under Article 55 or weights so authorised for the purposes of this Article by regulations made by the Department and marked in the prescribed manner.

(2) In the event of a contravention of this Article the owner of the vehicle is guilty of an offence.

Restriction on carrying passengers on goods vehicles

71.—(1) Subject to paragraph (2), no passenger shall be carried on a goods vehicle except on permanently attached seats placed beside the driver’s seat.

(2) Paragraph (1) does not apply to—

(a) any passenger on a goods vehicle which is a dual-purpose vehicle within the meaning of Article 2(2) of the Order of 1981; or

(b) any authorised passenger on a goods vehicle which is not a dual-purpose vehicle.

(3) A driver of a goods vehicle who allows or permits any passenger to be carried on the vehicle in contravention of paragraph (1), and any passenger so carried, is guilty of an offence.

(4) For the purposes of paragraph (2)(b) the following are authorised passengers—

(a) the owner of the vehicle;

(b) any person in the employment of the owner carried on the vehicle in connection with such employment and with the consent of the owner;

(c) any person (in this paragraph referred to as “the hirer”) who hires the vehicle for his exclusive use in connection with his trade or business;

(d) any person in the employment of the hirer carried on the vehicle in connection with such employment and with the consent of the hirer and the owner; and

(e) any other persons (not exceeding 2) carried on the vehicle, with the consent of the owner, for the purpose of work in connection with the load.

Conditions for grant of excise licence

Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions

72.—(1) The Department may by regulations provide that where—

(a) application is made in Northern Ireland for a licence under the Vehicle Excise and Registration Act 1994(21) for a vehicle to which Article 63 applies and

(b) in the case of an application relating to a vehicle to which that Article applies by virtue of paragraph (2)(b) of that Article, it appears from the application that the vehicle has been used on roads (whether in Northern Ireland or elsewhere) before the date of the application,

the licence shall not be granted unless one of the following conditions is satisfied.

(2) Those conditions are that—

(a) there is produced such evidence as may be prescribed of the granting of an effective test certificate or (if it is so prescribed) there is produced such a certificate or the Department is provided with a copy of it, or

(b) there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose prescribed under paragraph (6), or in an area prescribed under paragraph (7), of Article 63, or

(c) in the case of an application relating to a vehicle to which Article 63 applies by virtue of paragraph (2)(b) of that Article, the owner of the vehicle declares in writing the year in which the vehicle was manufactured, and the specified period from the date of manufacture has not expired.

(3) The Department may by regulations provide that where application is made in Northern Ireland for a licence under the Vehicle Excise and Registration Act 1994 for a goods vehicle to which Article 69(2) applies or for a vehicle of any class to which Article 31E(1) of the Order of 1981 applies, the licence shall not be granted unless the requirements of paragraph (4), paragraph (6) or paragraph (7) are satisfied.

(4) The requirements of this paragraph are that—

(a) on any application, after the relevant date within the meaning of Article 69(2), for a licence for a vehicle to which Article 69(2) applies, there is produced evidence that an effective goods vehicle test certificates is in force for the vehicle,

(b) on the first application, after the day appointed by regulations made by virtue of Article 31E(1) of the Order of 1981, for a licence for a vehicle of any class to which those regulations apply, there is produced evidence that there is or are one or more certificates in force for the vehicle under Article 31A of that Order from which it appears that the vehicle complies with all the relevant type approval requirements prescribed by those regulations.

(5) In relation to any application referred to in paragraph (3) the requirement set out in paragraph (4)(b) shall be taken to be satisfied if there is produced evidence that an EC certificate of conformity as effect with respect to the vehicle.

(6) The requirements of this paragraph are that there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose or in an area prescribed under sub-paragraph (a) of Article 69(5) of this Order or under Article 31E(4) of the Order of 1981.

(7) The requirements of this paragraph are that there is produced in respect of the vehicle a certificate of temporary exemption issued by virtue of sub-paragraph (b) of Article 69(5) of this Order or sub-paragraph (b) of Article 31E(4) of the Order of 1981 which exempts that vehicle from the provisions of Article 69(2) of this Order or Article 31E(1) of the Order of 1981, as the case may be, for a period which includes the date on which the licence is to come into force.

(8) Regulations under paragraph (3) may be made so as to apply to such classes only of vehicles as may be specified in the regulations.

(9) For the purposes of this Article the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.

(10) In this Article—

• “appropriate period” has the same meaning as in Article 63,

• “effective goods vehicle test certificate” means, in relation to an application for a licence for a vehicle, a goods vehicle test certificate relating to the vehicle which will be in force on the date on which the licence is to come into force,

• “effective test certificate” means, in relation to an application for a licence for a vehicle, a test certificate relating to the vehicle and issued within the appropriate period before the date on which the licence is to come into force,

• “specified period” means the period for the time being specified in Article 63(2)(a) and (b).

Vehicle testing centres and vehicle examiners

Vehicle testing centres

73.  The Department may provide and maintain centres (in this Part referred to as “vehicle testing centres”) where examinations of vehicles may be carried out for the purposes of the Road Traffic Orders and may provide and maintain apparatus for carrying out such examinations.

Appointment of examiners

74.—(1) The Department shall appoint such examiners as it considers necessary for the purpose of carrying out the functions conferred on them by this Order, the Order of 1981 or Parts II to IV of the Transport Act (Northern Ireland) 1967(22) or any other statutory provision.

(2) An examiner appointed under this Article shall act under the general directions of the Department.

(3) In this Part “vehicle examiner” means an examiner appointed under this Article.

(4) Any reference in any statutory provision to an inspector of vehicles within the meaning of Article 2(2) of the Order of 1981, to an officer or person authorised for the purposes of any Article of Part IV of that Order, or to an inspector appointed under section 37 of the Transport Act (Northern Ireland) 1967(23) shall, so far as may be appropriate in consequence of the preceding provisions of this Article, be construed as a reference to an examiner appointed under this Article.

Testing vehicles on roads

Testing of condition of vehicles on roads

75.—(1) An authorised examiner may test a motor vehicle on a road or other public place for the purpose of—

(a) ascertaining whether the following requirements, namely—

(i) the construction and use requirements, and

(ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person, are complies with as respects the vehicle;

(b) bringing to the notice of the driver any failure to comply with those requirements.

(2) For the purpose of testing a vehicle the examiner—

(a) may require the driver to comply with his reasonable instructions, and

(b) may drive the vehicle.

(3) The following persons may act as authorised examiners for the purposes of this Article—

(a) a constable authorised so to act by or on behalf of the Chief Constable;

(b) a person appointed as an examiner under Article 74.

(4) A vehicle examiner must produce his authority to act as an authorised examiner for the purposes of this Article is required to do so.

(5) Where on testing a vehicle under paragraph (1), an authorised examiner is satisfied that one or more of the requirements mentioned in sub-paragraph (a) of that paragraph is not complied with, he may, whether or not proceedings are instituted for a breach of the requirements, serve on the owner of the vehicle a notice in writing requiring him to present the vehicle at a specified place within 14 days from service of the notice, or within such longer period as any authorised examiner may on the application of the owner of the vehicle specify in writing for further test.

(6) A notice under paragraph (5) shall specify—

(a) in the case of the requirements mentioned in paragraph (1)(a)(i), which of these requirements is not complied with;

(b) in the case of the requirement mentioned in paragraph (1)(a)(ii), the defects by reason of which that requirement is not complied with.

(7) On testing a vehicle under paragraph (5), an authorised examiner shall ascertain whether the requirements specified in the notice have been complied with, or as the case may be, the defects so specified have been remedied.

(8) The Department may prescribe a fee to be paid for a test under paragraph (5).

(9) Where it appears to any constable that, by reason of an accident having occurred owing to the presence of a vehicle on a road, it is requisite that a test should be carried out forthwith, he may require it to be so carried out and, if he is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.

(10) If a person obstructs an authorised examiner acting under this Article, or fails to comply with a requirement of this Article, he is guilty of an offence.

(11) In this Article—

(a) “test” includes “inspect”, as the case may require, and

(b) references to a vehicle include references to a trailer drawn by it.

Inspection of public passenger vehicles and goods vehicles

Inspection of public passenger vehicles and goods vehicles

76.—(1) A vehicle examiner—

(a) may at any time, on production if so required of his authority, inspect any vehicle to which this Article applies and for that purpose may stop and detain the vehicle during such time as its required for the inspection, and

(b) may at any time which is reasonable having regard to the circumstances of the case enter premises on which he has reason to believe that such a vehicle is kept.

(2) The power conferred by paragraph (1) to inspect vehicles includes power to test it and to drive it for the purpose of testing it.

(3) A person who intentionally obstructs an examiner in the exercise of his powers under paragraph (1) is guilty of an offence.

(4) A vehicle examiner or member of the Royal Ulster Constabulary may at any time require any person in charge of a vehicle to which this Article applies and which is stationary on a road to proceed with the vehicle for the purpose of having it inspected under this Article to any place where an inspection can be suitably carried out (not being more than 10 miles from the place where the requirement is made).

(5) A person in charge of a vehicle who refuses or neglects to comply with a requirement made under paragraph (4) is guilty of an offence.

(6) This Article applies to—

(a) goods vehicles,

(b) public service vehicles, and

(c) motor vehicles which are not public service vehicles but are adapted to carry more than 8 passengers;

but paragraph (1)(b) shall not apply in relation to vehicles within sub-paragraph (c) or in relation to vehicles used to carry passengers for hire or reward only under permits granted under section 10B of the Transport Act (Northern Ireland) 1967(24) (use of vehicles by educational and other bodies).

Prohibition of unfit vehicles

Power to prohibit driving of unfit vehicles

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.

Prohibitions conditional on inspection etc.

78.—(1) Where it appears to the person imposing a prohibition under Article 77 that the vehicle is adapted to carry more than 8 passengers, or is a public service vehicle not so adapted, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at a vehicle testing centre.

(2) Where it appears to that person that the vehicle is of a class to which regulations under Article 65 apply, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at a vehicle testing centre.

(3) Where is appears to that person that the vehicle is one to which Article 63 applies, or would apply if the vehicle had been registered under the Vehicle Excise and Registration Act 1994(25) more than 5 years earlier, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected, and a test certificate issued, under Article 61.

(4) In any other case, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected in accordance with regulations under Article 81 by a vehicle examiner or authorised constable (within the meaning of Article 77).

Power to prohibit driving of overloaded vehicles

79.—(1) Paragraphs (2) and (3) apply where a goods vehicle or a motor vehicle adapted to carry more than 8 passengers has been weighed in pursuance of a requirement imposed under Article 86 and it appears to—

(a) a vehicle examiner, or

(b) a constable authorised to act for the purposes of this paragraph by or on behalf of the Chief Constable,

that the limit imposed by construction and use requirements with respect to any description of weight which is applicable to that vehicle has been exceeded or would be exceeded if it were used on a road or other public place or that by reason of excessive overall weight or excessive axle weight on any axle driving the vehicle would involve a danger of injury to any person.

(2) The person to whom it so appears may, whether or not a notice is given under Article 77(6), give notice in writing to the person in charge of the vehicle prohibiting the driving of the vehicle on a road or other public place until—

(a) that weight is reduced to that limit or, as the case may be, so that it is no longer excessive, and

(b) official notification has been given to whoever is for the time being in charge of the vehicle that it is permitted to proceed.

(3) The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (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 or trailer in accordance with that direction.

(4) Official notification for the purposes of paragraph (2)—

(a) must be in writing and be given by a vehicle examiner or a constable authorised as mentioned in paragraph (1), and

(b) may be withheld until the vehicle has been weighed or reweighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.

(5) Nothing in this Article shall be construed as limiting the power of the Department to make regulations under Article 80(2).

Unfit and overloaded vehicles: offences

80.—(1) A person who—

(a) drives a vehicle in contravention of a prohibition under Article 77 or 79, or

(b) causes or permits a vehicle to be driven in contravention of such a prohibition, or

(c) fails to comply within a reasonable time with a direction under Article 79(3),

is guilty of an offence.

(2) The Department may by regulations provide for exceptions from paragraph (1).

Removal of prohibitions

81.—(1) Subject to the following provisions of this Article, a prohibition under Article 77 or 79 may be removed by any vehicle examiner or authorised constable if he is satisfied that the vehicle is fit for service.

(2) If the prohibition has been imposed with a direction under Article 78(1) or (2), the prohibition shall not be removed unless and until the vehicle has been inspected in accordance with the direction.

(3) If the prohibition has been imposed with a direction under Article 78(3), paragraph (1) shall not apply; but the prohibition shall be removed, by such person as may be prescribed, if (and only if) any prescribed requirements relating to the inspection of the vehicle and the issue and production of a test certificate have been complied with.

(4) If the prohibition has been imposed with a direction under Article 78(4), the prohibition shall not be removed unless and until any prescribed requirements relating to the inspection of the vehicle have been complied with.

(5) A person aggrieved by the refusal of a vehicle examiner or authorised constable to remove a prohibition may, within the prescribed time and in the prescribed manner, appeal to the Department.

(6) The Department may make such order on the appeal as it thinks fit.

(7) Where a vehicle examiner or authorised constable removes a prohibition, he must forthwith give notice of the removal to the owner of the vehicle.

(8) The Department may require the payment of fees, in accordance with prescribed scales and rates, for the inspection of a vehicle with a view to the removal of a prohibition; and—

(a) payment of fees may be required to be made in advance, and

(b) the Department must ensure that all the scales and rates prescribed for the purposes of this sub-paragraph are reasonably comparable with—

(i) in the case of goods vehicles, the fees charged by virtue of Article 67(1)(h) in respect of periodic examination, and

(ii) in the case of other vehicles, the fees charged by virtue of Article 62(c).

(9) The Department may make regulations for prescribing anything which may be prescribed under this Article and for regulating the procedure, and fees payable, on appeals to it under paragraph (5).

(10) 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.

(11) Article 110(1) does not apply to an order made under paragraph (6).

Miscellaneous provisions about vehicles and vehicle parts

Operator’s duty to inspect, and keep records of inspection of, goods vehicles

82.—(1) The Department may make regulations requiring the operator for the time being of a goods vehicle to which the regulations apply to secure—

(a) the carrying out by a suitably qualified person (including the operator if so qualified) of an inspection of the vehicle for the purpose of ascertaining whether the following requirements are complied with, namely—

(i) the construction and use requirements with respect to any prescribed matters, being requirements applicable to the vehicle,

(ii) the requirement that the condition of the vehicle is not such that its use on a road would involve a danger of injury to any person, and

(b) the making and authentication of records of such matters relating to any such inspection as may be prescribed, including records of the action taken to remedy any defects discovered on the inspection,

and providing for the preservation of such records for a prescribed period not exceeding 15 months and their custody and production during that period.

(2) Regulations under this Article may—

(a) apply to all goods vehicles or to goods vehicles of such classes as may be prescribed,

(b) require the inspection of goods vehicles under the regulations to be carried out at such times, or before the happening of such events, as may be prescribed.

(3) Any person who contravenes any provision of regulations under this Article is guilty of an offence.

(4) In this Article “the operator”, in relation to a goods vehicle, means the person to whom it belongs or the hirer of it under a hire purchase agreement; but, if he has let it on hire (otherwise than by way of hire-purchase) or lent it to any other person, it means a person of a class prescribed by regulations under this Article in relation to any particular class of goods vehicles or, subject to any such regulations, that other person.

Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy

83.—(1) Subject to the provisions of this Article no person shall supply a motor vehicle or trailer in an unroadworthy condition.

(2) In this Article references to supply include——

(a) sell,

(b) offer to sell or supply, and

(c) expose for sale.

(3) For the purpose of paragraph (1) a motor vehicle or trailer is in an unroadworthy condition if—

(a) it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under Article 55 as respects—

(i) brakes, steering gear or tyres, or

(ii) the construction, weight or equipment of vehicles, or

(b) it is in such a condition that its use on a road would involve a danger of injury to any person.

(4) Subject to the provisions of this Article no person shall alter a motor vehicle or trailer so as to render its condition such that the use of it on a road in that condition—

(a) would be unlawful by virtue of any provision made as respects the construction, weight or equipment of vehicles by regulations under Article 55; or

(b) would involve a danger of injury to any person.

(5) A person who supplies or alters a motor vehicle or trailer in contravention of this Article, or causes or permits it to be so supplied or altered, is guilty of an offence.

(6) A person shall not be convicted of an offence under this Article in respect of the supply or alteration of a motor vehicle or trailer if he proves—

(a) that it was supplied or altered, as the case may be, for export from Northern Ireland, or

(b) that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Northern Ireland, or would not be so used until it had been put into a condition in which it might lawfully be so used.

(7) Sub-paragraph (b) of paragraph (6) shall not apply in relation to a person who, in the course of a trade or business—

(a) exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Northern Ireland would be unlawful, or

(b) offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact.

(8) Nothing in the preceding provisions of this Article shall affect the validity of a contract or any rights arising under a contract.

Fitting and supply of defective or unsuitable vehicle parts

84.—(1) If any person—

(a) fits a vehicle part to a vehicle, or

(b) causes or permits a vehicle part to be fitted to a vehicle,

in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, involve a danger of injury to any person or constitute a contravention of any of the construction and use requirements, he is guilty of an offence.

(2) A person shall not be convicted to an offence under paragraph (1) if he proves—

(a) that the vehicle to which the part was fitted was to be exported from Northern Ireland, or

(b) that he had reasonable cause to believe that that vehicle—

(i) would not be used on a road in Northern Ireland, or

(ii) that it would not be so used until it had been put into a condition in which its use on a road would not constitute a contravention of any of the construction and use requirements and would not involve a danger of injury to any person.

(3) If a person—

(a) supplies a vehicle part or causes or permits a vehicle part to be supplied, and

(b) has reasonable cause to believe that the part is to be fitted to a motor vehicle, or to a vehicle of a particular class, or to a particular vehicle,

he is guilty of an offence if that part could not be fitted to a motor vehicle or, as the case may require, to a vehicle of that class or of a class to which the particular vehicle belongs, except in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of any of the construction and use requirements or involve a danger of injury to any person.

(4) In this Article references to supply include—

(a) sell, and

(b) offer to sell or supply.

(5) A person shall not be convicted of an offence under paragraph (3) in respect of the supply of a vehicle part if he proves—

(a) that the part was supplied for export from Northern Ireland, or

(b) that he had reasonable cause to believe that—

(i) it would not fitted to a vehicle used on a road in Northern Ireland, or

(ii) it would not be so fitted until it had been put into such a condition that it could be fitted otherwise than in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of any of the construction and use requirements or involve a danger of injury to any person.

(6) An authorised examiner may at any reasonable hour enter premises where, in the course of a business, vehicle parts are fitted to vehicles or are supplied and test and inspect any vehicle or vehicle part found on those premises for the purpose of ascertaining whether—

(a) a vehicle part has been fitted to the vehicle in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle, constitute a contravention of any of the construction and use requirements or involve a danger of injury to any person, or

(b) the vehicle part could not be supplied for fitting to a vehicle used on roads in Northern Ireland without the commission of an offence under paragraph (3).

(7) For the purpose of testing a motor vehicle and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehicle.

(8) Any person who obstructs an authorised examiner acting under paragraph (6) or (7) is guilty of an offence.

(9) In paragraphs (6) to (8) “authorised examiner” means a person who may act as an authorised examiner for the purposes of Article 75; and any such person, other than a constable in uniform, shall produce his authority to act for the purpose of paragraphs (6) and (7) if required to do so.

(10) Nothing in this Article shall affect the validity of a contract or of any rights arising under a contract.

Testing condition of used vehicles at sale rooms, etc.

85.—(1) An authorised examiner may at any reasonable hour enter premises where used motor vehicles or trailers are supplied in the course of a business and test and inspect any used motor vehicle or trailer found on the premises for the purpose of ascertaining whether it is in an unroadworthy condition for the purpose of Article 83(1).

(2) In this Article (except sub-paragraph (d)) references to supply include—

(a) sell,

(b) offer for sale or supply,

(c) expose for sale, and

(d) otherwise keep for sale or supply.

(3) An authorised examiner may at any reasonable hour enter premises where vehicles or vehicle parts of a class prescribed for the purposes of Article 31E of the Order of 1981 are supplied in the course of a business and test and inspect any such vehicle or vehicle part for the purpose of ascertaining whether the vehicle or vehicle part complies with the type approval requirements applicable to a vehicle or vehicle part of that class.

(4) For the purpose of testing a motor vehicle and any trailer drawn by it the authorised examiner may drive if and for the purpose of testing a trailer may draw it with a motor vehicle.

(5) A person who obstructs an authorised examiner acting under this Article is guilty of an offence.

(6) In this Article “authorised examiner” means a person who may act as an authorised examiner for the purposes of Article 75; and any such person, other than a constable in uniform, shall produce his authority to act for the purposes of that Article if required to do so.

(7) A motor vehicle or trailer shall be treated for the purposes of this Article as used if, but only if, it has previously been sold or supplied by retail.

Weighing of motor vehicles

86.—(1) Subject to any regulations made by the Department, an authorised person may, on production of his authority, require the person in charge of a motor vehicle—

(a) to allow the vehicle or any trailer drawn by it to be weighed, either laden or unladen, and the weight transmitted to the road by any parts of the vehicle or trailer in contact with the road to be tested, and

(b) for that purpose, to proceed to a weighbridge or other machine for weighing vehicles.

(2) For the purpose of enabling a vehicle or a trailer drawn by it to be weighed or a weight to be tested in accordance with regulations under paragraph (1), an authorised person may require the person in charge of the vehicle to drive the vehicle or to do any other thing in relation to the vehicle or its load or the trailer or its load which is reasonably required to be done for that purpose.

(3) If a person in charge of a motor vehicle—

(a) refuses or neglects to comply with any requirement under paragraph (1) or (2), or

(b) obstructs an authorised person in the exercise of his functions under this Article,

he is guilty of an offence.

(4) An authorised person may not require the person in charge of the motor vehicle to unload the vehicle or trailer, or to cause or allow it to be unloaded, for the purpose of its being weighed unladen.

(5) Regulations under paragraph (1) may make provision with respect to—

(a) the manner in which a vehicle or trailer is to be weighed or a weight is to be tested as mentioned in paragraph (1), and

(b) the limits within which, unless the contrary is proved, any weight determined by a weighbridge or other machine for weighing vehicles is to be presumed to be accurate for the purposes of any provision made by or under this Order or by or under any other enactment relating to motor vehicles or trailers.

(6) If—

(a) at the time when the requirement is made the vehicle is more than 5 miles from the weighbridge or other machine, and

(b) the weight is found to be within the limits authorised by law,

the Department must pay, in respect of loss occasioned, such amount as in default of agreement may be determined by a single arbitrator agreed upon by the parties or, in default of agreement, appointed by the Head of the Department.

(7) The Department may by regulations designate areas of Northern Ireland where paragraph (6) is to have effect, in such cases as may be specified in the regulations, with the substitution for 5 miles of a greater distance so specified.

(8) In this Article—

(a) “road” includes any land which forms part of a harbour or which is adjacent to a harbour and is occupied wholly or partly for the purposes of harbour operations,

(b) “authorised person” means a vehicle examiner authorised by the Department or a constable authorised by or on behalf of the Chief Constable,

and in this paragraph “harbour” and “harbour operations” have the meanings given to them by section 38(1) of the Harbours Act (Northern Ireland) 1970(26).

Further provisions relating to weighing of motor vehicles

87.—(1) Where a motor vehicle or trailer is weighed under Article 86, a certificate of weight must be given to the person in charge of the vehicle, and the certificate so given shall exempt the motor vehicle and the trailer, if any, from being weighed so long as it is during the continuance of the same journey carrying the same load.

(2) A certificate in the prescribed form which—

(a) purports to be signed by an authorised person (within the meaning of Article 86), and

(b) states in relation to a vehicle identified in the certificate, any weight determined in relation to that vehicle on the occasion of its being brought to a weighbridge or other machine in pursuance of a requirement under Article 86(1),

shall be evidence of the matter so stated.

(3) If, for the purposes of or in connection with the determination of any weight in relation to a vehicle which is brought to weighbridge or other machine as mentioned in Article 86(1), and authorised person (within the meaning of that Article)—

(a) drives a vehicle or does any other thing in relation to a vehicle or its load or a trailer or its load, or

(b) requires the driver of a vehicle to drive it in a particular manner or to a particular place or to do any other thing in relation to a vehicle or its load or a trailer or its load,

neither he nor any person complying with such a requirement shall be liable for any damage to or loss in respect of the vehicle or its load or the trailer or its load unless it is shown that he acted without reasonable care.

Cycles and horse-drawn vehicles

Regulation of brakes, bells etc., on cycles

88.—(1) The Department may make regulations as to the use on roads or other public places of cycles, their construction and equipment and the conditions under which they may be so used.

(2) In particular, but without prejudice to the generality of paragraph (1), the regulations may make provision as to—

(a) the number, nature and efficiency of brakes and their maintenance in proper working order,

(b) the appliances to be fitted for signalling approach and their maintenance in proper working order, and

(c) the testing and inspection, by persons authorised under the regulations, of any equipment prescribed under this Article and of lighting equipment and reflectors.

(3) Regulations under this Article as to the use on roads of cycles may prohibit the sale or supply, or the offer of a sale or supply, of a cycle for delivery in such a condition that the use of it on a road in that condition would be a contravention of the regulations, but no provision made by virtue of this paragraph shall affect the validity of any contract or any rights arising under a contract.

(4) If a person sells or supplies or offers to sell or supply a cycle in contravention of any prohibition imposed by regulations made by virtue of paragraph (3), he is guilty of an offence, unless he proves—

(a) that it was sold, supplied or offered for export from Northern Ireland, or

(b) that he had reasonable cause to believe that it would not be used on a road in Northern Ireland, or would not be so used until it had been put into a condition in which it might lawfully be so used.

Regulation of brakes on horse-drawn vehicles

89.—(1) The Department may make regulations for regulating the number, nature and use of brakes, including skid pans and locking-chains, in the case of vehicles drawn by horses or other animals, or any class of such vehicles, when used on roads.

(2) Regulations under this Article may be made for securing that such brakes are efficient and kept in proper working order, and for empowering persons authorised by or under the regulations to test and inspect any such brakes, whether on a road or elsewhere.

Miscellaneous

Offences to do with reflectors and tail lamps

90.  A person who sells, or offers or exposes for sale, any appliance adapted for use as a reflector or tail lamp to be carried on a vehicle in accordance with the provisions of this Order or of any regulations made under it, not being an appliance which complies with the construction and use requirements applicable to a class of vehicles for which the appliance is adapted, is guilty of an offence.

Appointment of officials

91.—(1) Subject to the consent of the Department of Finance and Personnel as to number, the Department may appoint such officers and servants as it considers necessary for the operation of the provisions of Articles 76 to 81.

(2) There shall be paid to examiners appointed under Article 74 such remuneration or salaries and such allowances (if any) as the Department may, with the consent of the Department of Finance and Personnel, determine.

PART IV Miscellaneous Amendments of the Order of 1981

Licensing of motor cyclists

92.—(1) In Article 13 of the Order of 1981 (grant of licences to drive vehicles), in paragraph (3), after sub-paragraph (c), there shall be inserted—

“(d) shall not authorise a person, before he has passed a test of competence to drive, to drive a motor cycle without a sidecar, unless it is a learner motor cycle (as defined in paragraph (5)) or its first use (as defined in regulations) occurred before such date as may be prescribed and the cylinder capacity of its engine does not exceed 125 cubic centimetres.”

(2) For paragraph (5) of that Article there shall be substituted the following paragraphs—

“(5) A learner motor cycle is a motor cycle which either is propelled by electric power or has the following characteristics—

(a) the cylinder capacity of its engine does not exceed 125 cubic centimetres,

(b) the maximum power output of its engine does not exceed 11 kilowatts (as measured in accordance with International Standards Organisation standard 4106-1978.09.01), and

(c) its power the weight ratio does not exceed 100 kilowatts per metric tonne, the power being the maximum power output mentioned in sub-paragraph (b) and the weight that mentioned in paragraph (5A).

(5A) The weight referred to in paragraph (5) is the weight of the motor cycle with a full supply of fuel in its tank, an adequate supply of other liquids needed for its propulsion and no load other than its normal equipment, including loose tools.”

(3) In Article 14 of the Order of 1981 (form of licence)—

(a) in paragraph (3) immediately after the word “drive” there shall be inserted “(a)”; and

(b) at the end of that paragraph there shall be added the following—

“or

(b) unless he has passed a test of competence to drive, a motor cycle without a sidecar which, by virtue of Article 13(3)(d), a provisional licence would not authorise him to drive before he had passed that test.”

Speed limits

93.  After Article 50 of the Order of 1981 (general speed limit on certain roads) there shall be inserted the following Article—

“Speed limits for particular classes of vehicles

50A.— (1) The Department may make regulations with respect to—

(a) the maximum speed of motor vehicles;

(b) the maximum speed of classes of vehicles while being driven on special roads within the meaning of the Roads (Northern Ireland) Order 1993.

(2) The powers conferred by this Article are in addition to and not in derogation of the powers conferred on the Department by Article 27 and the powers conferred by paragraph (1)(a) shall, without prejudice to section 17(5) of the Interpretation Act (Northern ireland) 1954(27), include power to make regulations with respect to the maximum speed of motor vehicles of different classes on any class, description, length or part of a road specified in the regulations.”

Disqualification on conviction of dangerous driving, etc.

94.  For Article 139 of the Order of 1981 and the words “Reckless, etc., driving” preceding that Article there shall be substituted the following Article—

“Disqualification on conviction of offence under Article 9 or 10 of the Order of 1995

139.— (1) Where a person is convicted of an offence under Article 9 of the Order of 1995 (causing death, or grievous bodily injury, by dangerous driving) the court must order him to be disqualified for holding or obtaining a licence for such period not less than 2 years as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

(2) Where a person is convicted of an offence under Article 10 of the Order of 1995 (dangerous driving) the court must order him to be disqualified for holding or obtaining a licence for such period not less than 12 months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.”

Alternative convictions on certain charges

95.  For Article 140 of the Order of 1981, there shall be substituted the following Article—

“Alternative verdicts

140.— (1) Where—

(a) a person charged with an offence under a provision of the Order of 1995 specified in the first column of the Table below (where the general nature of the offences is also indicated) is found not guilty of that offence, but

(b) the allegations in the indictment or complaint amount to or include an allegation of an offence under one or more of the provisions of that Order specified in the corresponding entry in the second column,

he may be convicted of that offence or of one or more of those offences.

(1)	(2)
Offence charged	Alternative
Article 9 (causing death, or grievous bodily injury, by dangerous driving)	Article 10 (dangerous driving) Article 12 (careless, and inconsiderate, driving)
Article 10 (dangerous driving)	Article 12 (careless, and inconsiderate, driving)
Article 14 (causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs)	Article 12 (careless, and inconsiderate, driving)
	Article 15(1) (driving when unfit to drive through drink or drugs)
	Article 16(1)(a) (driving with excess alcohol in breath, blood or urine)
	Article 18(7) (failing to provide specimen)
Article 15(1) (driving or attempting to drive when unfit to drive through drink or drugs)	Article 15(2) (being in charge of a vehicle when unfit to drive through drink or drugs)
Article 16(1)(a) (driving or attempting to drive with excess alcohol in breath, blood or urine)	Article 16(1)(b) (being in charge of a vehicle with excess alcohol in breath, blood or urine)
Article 42 (dangerous cycling)	Article 43 (careless, and inconsiderate, cycling)

(2) Where the offence with which a person is charged is an offence under Article 14 of the Order of 1995, paragraph (1) shall not authorise his conviction of any offence of attempting to drive.

(3) Where a person is charged with having committed an offence under Article 15(1) or 16(1)(a) of the Order of 1995 by driving a vehicle, he may be convicted of having committed an offence under the provision in question by attempting to drive.

(4) Where by virtue of this Article a person is convicted before the Crown Court of an offence triable only summarily, the court shall have the same powers and duties as a court of summary jurisdiction would have had on convicting him of that offence.

(5) This Article has effect without prejudice to section 6(2) of the Criminal Law Act (Northern Ireland) 1967(28) (alternative verdicts on trial on indictment).”

Obligatory disqualification and endorsement on conviction of certain drinking and driving offences

96.  For Article 152 of the Order of 1981 there shall be substituted the following Article—

“Obligatory disqualification and endorsement

152.— (1) where a person is convicted of an offence under any of the following provisions of the Order of 1995, namely—

(a) Article 15(1) (driving or attempting to drive while unfit);

(b) Article 16(1)(a) (driving or attempting to drive with excess alcohol); or

(c) Article 18(7) (failing to provide a specimen), being an offence arising from his failure to provide a specimen required to ascertain either his ability to drive or the proportion of alcohol in his breath, blood or urine (as the case may be) at the time he was driving or attempting to drive;

the court must order him to be disqualified for such period not less than 12 months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

(2) Where a person is convicted of an offence under Article 14 of the Order of 1995 (causing death, or grievous bodily injury, by careless driving when under the influence of drink or drugs) paragraph (1) shall apply in relation to him as if the reference to 12 months were a reference to 2 years.

(3) Where a person convicted of an offence under—

(a) any of the provisions mentioned in sub-paragraph (a) to (c) of paragraph (1), or

(b) Article 14 of the Order of 1995,

has within the 10 years immediately preceding the commission of the offence been convicted of any such offence, paragraph (1) shall apply in relation to him as if the reference to 12 months were a reference to 3 years.

(4) A conviction of an offence mentioned in paragraph (5) shall be treated as a conviction of an offence mentioned in paragraph (3).

(5) The offences are—

(a) an offence under any of the following provisions of this Order, namely—

(i) Article 143(1);

(ii) Article 144(1)(a); and

(iii) Article 146, being an offence arising from his failure to provide a specimen required to ascertain either his ability to drive or the proportion of alcohol in his breath, blood or urine (as the case may be) at the time he was driving or attempting to drive;

as those provisions had effect immediately before their repeal by the Order of 1995;

(b) an offence under any of the following provisions of this Order, namely Articles 141, 144, 145 and 147, as those Articles had effect before the coming into operation of Part III of the Road Traffic (Amendment) (Northern Ireland) Order 1991, being an offence committed by or arising out of driving, or attempting to drive, a motor vehicle on a road or other public place.

(6) Where a person is disqualified under this Article, he shall also be disqualified for holding or obtaining a full licence until he has, at some time after the expiry of the period for which he is disqualified, passed a test of competence to drive.

(7) Without prejudice to any requirement in Article 197(1), where a person is convicted of—

(a) an offence under Article 15(2), 16(1)(b) or 17 of the Order of 1995; or

(b) an offence under Article 18 of that Order, arising in circumstances other than those mentioned in sub-paragraph (c) of paragraph (1);

the court before which he is convicted shall order that particulars of the conviction be endorsed on the counterpart of any licence held by him.”

Penalty for breach of regulations under Road Traffic Orders

97.  After Article 174A of the Order of 1981 there shall be inserted the following Article—

“Penalty for breach of regulations

174B.   If a person acts in contravention of—

(a) any regulations made by the Department under this Order other than regulations made under Article 132; or

(b) any regulations made by the Department under the Order of 1995 other than regulations made under Article 45 or 61 of that Order.

and the contravention is not made an offence under any other provision of the Road Traffic Orders, he shall be guilty of an offence under this Order.”

Duties on occurrence of an accident

98.—(1) In Article 175 (duties on occurrence of an accident caused by presence of a motor vehicle), in paragraph (1) and in the heading immediately preceding it, for the words “motor vehicle” there shall be substituted “mechanically propelled vehicle”.

(2) In head (iv) of paragraph (1) of that Article for the words “and produce” there shall be substituted “and, where the vehicle is a motor vehicle, produce”.

(3) In paragraph (3) of that Article for the words “the vehicle” there shall be substituted “a motor vehicle”.

(4) In paragraph (4) of that Article for the words from the beginning to “that paragraph” there shall be substituted “Where a person is convicted of an offence under paragraph (1)”.

(5) In paragraph (5) of that Article for the words “motor vehicle” there shall be substituted “mechanically propelled vehicle”.

(6) In Article 176 (duties on occurrence of other accidents), in paragraph (1) for the words “motor vehicle” there shall be substituted “mechanically propelled vehicle”.

Powers of vehicle examiners

99.  After Article 180 of the Order of 1981 (enforcement powers of constable) there shall be inserted the following Article—

“Powers of vehicle examiners as respects goods vehicles and passenger-carrying vehicles

180A.   An examiner appointed under Article 74 of the Order of 1995 may, on production if required of his authority, exercise in the case of goods vehicles or passenger-carrying vehicles of any prescribed class all such powers as are, under Article 180, exercisable by a constable.”

Proceedings for certain construction and use offences

100.  For Article 186 of the Order of 1981 (evidence of unladen weight of motor vehicles) there shall be substituted the following Article—

“Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment

186.— (1) If in any proceedings for an offence under Article 54, 56, 57 or 58 of the Order of 1995 (using vehicle in dangerous condition or contravention of construction and use regulations)—

(a) any question arises as to a weight of any description specified in the plating certificate for a goods vehicle; and

(b) a weight of that description is marked on the vehicle,

it shall be assumed, unless the contrary is proved, that the weight marked on the vehicle is the weight so specified.

(2) If, in any proceedings for an offence—

(a) under Part III of the Order of 1995, except Article 63 and 83, or

(b) under Article 174 of this Order;

any question arises as to the date of manufacture of a vehicle, a date purporting to be such a date and marked on the vehicle in pursuance of regulations under Part III of the Order of 1995 shall be evidence that the vehicle was manufactured on the date so marked.

(3) If in any proceedings for the offence of driving a vehicle on a road, or causing or permitting a vehicle to be so driven, in contravention of a prohibition under Article 79(2) of the Order of 1995 any question arises whether a weight of any description has been reduced to a limit imposed by construction and use requirements, or so that it has ceased to be excessive, the burden of proof shall lie on the accused.”

Records kept by operators of goods vehicles

101.  After Article 190 of the Order of 1981 (admissibility of records as evidence) there shall be inserted the following Article—

“Use of records kept by operators of goods vehicles

190A.   In any proceedings for an offence under Article 54 of the Order of 1995 or for a contravention of construction and use requirements (within the meaning of Part III of that Order) or regulations under Article 82 of that Order, any record purporting to be made and authenticated in accordance with regulations under that Article shall be evidence of the matters stated in the record and of its due authentication.”

Power to join in indictment counts for certain summary offences

102.  After Article 193 of the Order of 1981 there shall be inserted the following Article—

“Power to join in indictment counts for certain summary offences

193A.— (1) A count charging a person with a summary offence to which this Article applies may be included in an indictment if the charge—

(a) is founded on the same facts or evidence as a count charging an indictable offence; or

(b) is part of a series of offences of the same or similar character as an indictable offence which is also charged,

but only if (in either case) the facts or evidence relating to the offence were disclosed in a preliminary investigation or inquiry under the Magistrates' Courts (Northern Ireland) Order 1981(29).

(2) Where a count charging an offence to which this Article applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a court of summary jurisdiction could have dealt with him.

(3) This Article applies to the following offences, namely—

(a) an offence under paragraph (1) or (2) of Article 15 of the Order of 1995 (driving or attempting to drive, or being in charge of, a mechanically propelled vehicle when under influence of drink or drugs);

(b) an offence under sub-paragraph (l)(a) or (b) of Article 16 of that Order (driving or attempting to drive, or being in charge of, a motor vehicle with alcohol concentration above prescribed limit);

(c) an offence under Article 18 of that Order (failing to provide specimen for analysis or laboratory test); and

(d) any summary offence specified under paragraph (4).

(4) The Secretary of State may by order specify for the purposes of this Article any summary offence—

(a) which is mentioned in Schedule 4 to this Order or Schedule 2 to the Order of 1995, and

(b) which is punishable with imprisonment.

(5) For the purposes of this Article statements in writing admitted in evidence under Article 33 of the Magistrates' Courts (Northern Ireland) Order 1981 shall be treated as depositions taken in the presence of the accused before the magistrates' court which committed him for trial.

(6) An order made under paragraph (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the Statutory Instruments Act 1946(30) shall apply accordingly.

(7) In this Article “summary offence” means an offence which, if committed by an adult, is punishable only on summary conviction.”

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.”

PART V GENERAL AND SUPPLEMENTARY PROVISIONS

Offences

Prosecution and punishment of offences

104.—(1) Schedule 2 sets out in tabular form the manner in which offences under this Order are punishable on conviction.

(2) In relation to an offence under a provision of this Order specified in column 1 of Schedule 2 (the general nature of that offence being described in column 2)—

(a) column 3 shows whether that offence is punishable on summary conviction or on indictment or in either one way or the other;

(b) column 4 shows the punishment which may be imposed on a person convicted of the offence in the way specified in relation thereto in column 3 (that is to say, summarily or on indictment), any reference in column 4 to a period of years or months being construed as a reference to a term of imprisonment for that duration.

(3) Unless a contrary intention appears, a reference in Schedule 2 to a period of imprisonment shall be construed as a reference to the maximum term of imprisonment which may be imposed for the offence, a reference to a fine without a qualifying reference to the amount thereof shall be construed as a reference to an unlimited fine and a reference to the amount of a fine shall be construed as the maximum fine which may be imposed for that offence.

(4) This Article and Schedule 2 shall be subject to any other provision of the Road Traffic Orders with respect to the prosecution and punishment of any offence specified in that Schedule.

Application of Order

Application of Order to hovercraft

105.—(1) For the purposes of this Order, a hovercraft (in this Article referred to as a hover vehicle) —

(a) is a motor vehicle, whether or not it is intended or adapted for use on roads, but

(b) apart from that is to be treated, subject to paragraph (2), as not being a vehicle of any of theclasses defined in Article 3.

(2) The Department may by regulations provide—

(a) that any provisions of this Order which would otherwise apply to hover vehicles shall not apply to them or shall apply to them subject to such modifications as may be specified in the regulations, or

(b) that any such provision which would not otherwise apply to hover vehicles shall apply to them subject to such modifications (if any) as may be specified in the regulations.

Application of Order to trolley vehicles

106.  The following provisions of this Order, that is to say—

(a) Articles 9, 10, 12, 14 and 15;

(b) Article 32;

(c) so much of Article 55 as authorises the Department to make regulations with respect to lighting equipment and reflectors;

(d) Article 104 and Schedule 2;

together with so much of the other provisions of the Road Traffic Orders as relate to those provisions shall, without prejudice to Article 8, apply in relation to trolley vehicles and the drivers of trolley vehicles as they apply in relation to heavy motor cars and the drivers of heavy motor cars.

Application of Order to invalid carriages

107.  The Department may by regulations provide that a mechanically propelled vehicle which is an invalid carriage—

(a) complying with the prescribed requirements, and

(b) being used in accordance with the prescribed conditions,

is to be treated for such purposes of this Order as may be prescribed as not being a motor vehicle.

Application of Order to the Crown

108.—(1) Subject to the following provisions of this Article—

(a) Part II; and

(b) Part III, except Articles 76 to 82 and 85;

apply to vehicles and persons in the public service of the Crown.

(2) Articles 65 to 69 apply—

(a) to vehicles in the public service of the Crown only if they are liable to be registered under the Vehicle Excise and Registration Act 1994(31);

(b) to trailers in the public service of the Crown only while drawn by vehicles (whether or not in the public service of the Crown) which are required to be so registered.

(3) Where those Articles so apply, examinations of such vehicles in pursuance of regulations under Article 65 may be made by or under the directions of examiners authorised by the Department for the purpose instead of under the directions of examiners appointed under Article 74.

Application of Order in relation to harbour commissioners

109.—(1) Except to the extent provided by this Article and by Article 216 of the Order of 1981 the provisions of this Order shall not have effect in relation to the Belfast Harbour Commissioners or other harbour commissioners having in relation to their harbour area powers similar to those of the Belfast Harbour Commissioners for restricting access to, and regulating motor traffic on, roads, and no road vested in, or under the control of, any such harbour commissioners shall be deemed for the purposes of this Order to be a road to which the public has access.

(2) A road vested in or under the control of the Belfast Harbour Commissioners or any such other harbour commissioners shall be deemed for the purposes of the following provisions of this Order to be a road to which this Order applies—

(a) Articles 9, 10, 12, 14 and 15;

(b) Articles 32 and 38;

(c) Articles 40 to 44; and

(d) so much of Article 55 as authorises the Department to make regulations with respect to lighting equipment and reflectors.

(3) For the purpose of those provisions as applied by this Article to a road in the Belfast Harbour Estate a member of the Belfast Harbour Police shall have the same powers as a member of the Royal Ulster Constabulary has in relation to other roads.

Supplementary

General provisions as to orders and regulations

110.—(1) Except as is otherwise expressly provided by this Order, orders made by the Department under this Order shall be subject to negative resolution.

(2) The Department may make regulations prescribing anything which is to be prescribed and providing for any matter in regard to which regulations may be made under the provisions of this Order.

(3) Except as is otherwise provided by paragraph (4), regulations made under this Order shall be subject to negative resolution.

(4) Regulations—

(a) made under Article 6, 13(2), 19(3) or 23; or

(b) made under Article 24 for the purposes of paragraph (3) or (4) of that Article,

shall be subject to affirmative resolution.

(5) Without prejudice to the provisions of section 17(3) of the Interpretation Act (Northern Ireland) 1954(32), any regulations made under this Order may be of a local, as opposed to public general, nature and may be limited in their application to a particular area.

Savings and transitional provisions

111.—(1) Nothing in this Order shall authorise any person to use on any road any vehicle so constructed or used as to cause a public or private nuisance, or shall affect any liability of the driver or owner of a vehicle whether under statute or common law.

(2) Nothing in regulations made under Article 69(5) or in Article 71 shall be taken to authorise the carriage for reward of any passengers or any luggage or goods contrary to Parts II and III of the Transport Act (Northern Ireland) 1967(33).

(3) The Department may by order make such transitional provision as appears to it necessary or expedient for the purpose of giving effect to this Order.

(4) Nothing in this Article, or in an order made under paragraph (3), shall prejudice the operation of the Interpretation Act (Northern Ireland) 1954.

Minor and consequential amendments and repeals

112.—(1) The statutory provisions mentioned in Schedule 3 shall have effect subject to the minor and consequential amendments there specified.

(2) The statutory provisions mentioned in Schedule 4 are repealed or revoked to the extent specified in the third column of that Schedule.

N.H. Nicholls

Clerk of the Privy Council