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The Road Traffic (Northern Ireland) Order 1995

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SCHEDULE 2PROSECUTION AND PUNISHMENT OF OFFENCES UNDER THIS ORDER

(1)(2)(3)(4)
Provision creating offenceGeneral nature of offenceMode of prosecutionPunishment
Article 9Causing death, or grievous bodily injury, by dangerous driving.On indictment.10 years or a fine or both.
Article 10Dangerous driving

(a)Summarily.

(b)On indictment.

(a)6 months or the statutory maximum or both.

(b)2 years or a fine or both.

Article 12Careless, and inconsiderate, driving.Summarily.Level 4 on the standard scale.
Article 14Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs.On indictment.10 years or a fine or both.
Article 15(1)Driving or attempting to drive when unfit to drive through drink or drugs.Summarily.6 months or level 5 on the standard scale or both.
Article 15(2)Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs.Summarily.3 months or level 4 on the standard scale or both.
Article 16(1)(a)Driving or attempting to drive with excess alcohol in breath, blood or urine.Summarily.6 months or level 5 on the standard scale or both.
Article 16(1)(b)Being in charge of a motor vehicle with excess alcohol in breath, blood or urine.Summarily.3 months or level 4 on the standard scale or both.
Article 17Failing to provide a specimen of breath for a preliminary breath test.Summarily.Level 3 on the standard scale.
Article 18Failing to provide specimen for analysis or laboratory test.Summarily.

(a)Where the specimen was required to ascertain ability to drive or proportion of alcohol at time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.

(b)In any other case, 3 months or level 4 on the standard scale or both.

Article 23Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.Summarily.Level 2 on the standard scale.
Article 24(2)Driving motor vehicle with child in front not wearing seat belt.Summarily.Level 2 on the standard scale.
Article 24(5)Driving motor vehicle with child in rear not wearing seat belt.Summarily.Level 1 on the standard scale.
Article 26(3) or (4)Selling, etc., in certain circumstances equipment as conductive to the safety of children in motor vehicles.Summarily.Level 3 on the standard scale.
Article 27Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.Summarily.Level 2 on the standard scale.
Article 28Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists.Summarily.Level 3 on the standard scale.
Article 29(3)Contravention of regulations with respect to use of head-worn appliances on motor cycles.Summarily.Level 2 on the standard scale.
Article 29(4)Selling, etc., appliance not of prescribed type as approved for use on motor cycles.Summarily.Level 3 on the standard scale.
Article 30Prohibition of parking of heavy commercial vehicles on verges, etc.Summarily.Level 3 on the standard scale.
Article 32Leaving vehicles in dangerous positions.Summarily.Level 3 on the standard scale.
Article 33Causing danger to road-users.

(a)Summarily.

(b)On indictment.

(a)6 months or the statutory maximum or both.

(b)7 years or a fine or both.

Article 34Carrying passenger on motor bicycle contrary to Article 34.Summarily.Level 3 on the standard scale.
Article 35Carrying passenger on a bicycle contrary to Article 35.Summarily.Level 1 on the standard scale.
Article 36Tampering with motor vehicles.Summarily.Level 3 on the standard scale.
Article 37Holding or getting on to vehicle etc., in order to be towed or carried.Summarily.Level 1 on the standard scale.
Article 38Pedestrian endangering own safety or other’s safety.Summarily.Level 3 on the standard scale.
Article 39Passing incorrectly with led horse.Summarily.Level 2 on the standard scale.
Article 40Drunkenness, etc., in charge of horse-drawn vehicle.Summarily.Level 3 on the standard scale.
Article 41Careless, and inconsiderate, driving of horse-drawn vehicle.Summarily.Level 3 on the standard scale.
Article 42Dangerous cycling.Summarily.Level 4 on the standard scale.
Article 43Careless, and inconsiderate, cycling.Summarily.Level 3 on the standard scale.
Article 44Cycling when unfit through drink or drugs.Summarily.Level 3 on the standard scale.
Article 45(1)Unauthorised or irregular cycle racing or trials of speed on public roads.Summarily.Level 1 on the standard scale.
Article 45(6)Contravention of direction of Chief Constable.Summarily.Level 1 on the standard scale.
Article 46Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.Summarily.Level 2 on the standard scale.
Article 47Unauthorised motor vehicle trial on public paths, etc.Summarily.Level 3 on the standard scale.
Article 48Driving mechanically propelled vehicles elsewhere than on roads.Summarily.Level 3 on the standard scale.
Article 49Failing to comply with traffic directions.Summarily.Level 3 on the standard scale.
Article 54.Using vehicle in dangerous condition, etc.Summarily.

(a)Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.

(b)Level 4 on the standard scale in any other case.

Article 56Breach of requirement as to brakes, steering-gear or tyres.Summarily.

(a)Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.

(b)Level 4 on the standard scale in any other case.

Article 57Breach of requirement as to weight: goods and passenger vehicles.Summarily.Level 5 on the standard scale.
Article 58Breach of other construction and use requirements.Summarily.

(a)Level 4 on the standard scale if committed in respect of a good vehicle or a vehicle adapted to carry more than 8 passengers.

(b)Level 3 on the standard scale in any other case.

Article 63Using etc., vehicle without required test certificate being in force.Summarily.

(a)Level 4 on the standard scale in the case of a vehicle adapted to carry more than 8 passengers.

(b)Level 3 on the standard scale in any other case.

Regulations under Article 65 made by virtue of Article 67(2)Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed.Summarily.Level 3 on the standard scale.
Article 69(1)Using, etc., goods vehicle without required plating certificate being in force.Summarily.Level 3 on the standard scale.
Article 69(2)Using, etc., goods vehicle without required goods vehicle test certificate being in force.Summarily.Level 4 on the standard scale.
Article 69(3)Using, etc., goods vehicle where Department is required by regulations under Article 65 to be notified of an alteration to the vehicle or its equipment but has not been notified.Summarily.Level 3 on the standard scale.
Article 70Using goods vehicle with unauthorised weights as well as authorised weights marked on it.Summarily.Level 3 on the standard scale.
Article 71Driver of goods vehicle allowing unauthorised passengers to be carried in vehicle; unauthorised passengers being carried in goods vehicle.Summarily.Level 3 on the standard scale.
Article 75Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Article 75.Summarily.Level 3 on the standard scale.
Article 76Obstructing inspection etc., of vehicle by examiner or failing to comply with requirement to take vehicle for inspection.Summarily.Level 3 on the standard scale.
Article 80Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or refusing, neglecting or otherwise failing to comply with direction to remove a vehicle found overloaded.Summarily.Level 5 on the standard scale.
Article 82Contravention of regulations requiring goods vehicle operator to inspect, and keep records of inspection of, goods vehicles.Summarily.Level 3 on the standard scale.
Article 83Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy.Summarily.Level 5 on the standard scale.
Article 84(1)Fitting of defective or unsuitable vehicle parts.Summarily.Level 5 on the standard scale.
Article 84(3)Supplying defective or unsuitable vehicle parts.Summarily.Level 4 on the standard scale.
Article 84(8)Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc.Summarily.Level 3 on the standard scale.
Article 85Obstructing examiner testing condition of used vehicles at sale rooms, etc.Summarily.Level 3 on the standard scale.
Article 86Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.Summarily.Level 5 on the standard scale.
Article 88Selling, etc., cycle in contravention of regulations as to brakes, bells, etc.Summarily.Level 3 on the standard scale.
Article 90Selling, etc., wrongly made tail lamps or reflectors.Summarily.Level 5 on the standard scale.
Schedule 1 paragraph 4Applying warranty to equipment, protective helmet, appliance or information in defending proceedings under Article 26, 28 or 29(4) where no warranty given, or applying false warranty.Summarily.Level 3 on the standard scale.

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