The Road Traffic (Driving Disqualifications) (Northern Ireland) Order 2003

SCHEDULES

Article 7(1)

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

1.  The Road Traffic (Northern Ireland) Order 1981 shall be amended as follows.

2.  In Article 4 (exceptions to offence under Article 3), in paragraph (2)(b)(ii), for “Article 6(1) of, or paragraph 6(1) or 9(1)” substitute “Article 6 of, or paragraph 6 or 9”.

3.  In Article 9 (requirements as to physical fitness of drivers), in paragraph (10A), after “Article 15D” insert “or 19H”.

4.  In Article 13 (grant of licences), in paragraph (1)(d), for “Article 6(1) of, or paragraph 6(1) or 9(1)” substitute “Article 6 of, or paragraph 6 or 9”.

5.  In Article 16 (appeals relating to licences), in paragraph (1)—

(a) in sub-paragraph (c) after “15(5)” insert “or (5A)”,

(b) for “or 15C” substitute “15C or 19G”.

6.  In Article 19C (regulations)—

(a) in paragraph (1A)—

(i) in sub-paragraph (a), after “this Part” insert “Great Britain licences,”,

(ii) in sub-paragraph (b)(iii), after “this Part” insert “, of Great Britain licences”,

(iii) in sub-paragraph (ea), after “counterparts” (in the first place) insert “of Great Britain licences or” and after “counterparts” (in the second place) insert “of Great Britain licences or (as the case may be)”,

(iv) in sub-paragraph (g), before “Community licences” insert “Great Britain licences or”,

(b) in paragraph (4) for “and 40 to 53” substitute “40 to 53 and 92ZA”.

7.  In Article 19D (interpretation), in paragraph (1)—

(a) in the definition of “counterpart”, omit the “and” at the end of sub-paragraph (a) and after that sub-paragraph insert—

“(aa) in relation to a Great Britain licence, has the meaning given in Article 19F (except in the definition of “Great Britain counterpart”), and”,

(b) in the definition of “Great Britain driving licence” and “Great Britain licence”, at the end insert “and “Great Britain counterpart” means the document issued with the Great Britain licence as a counterpart under the law of Great Britain”.

8.  In Article 19E (provisions as to Great Britain drivers' licences)—

(a) in paragraph (1), after “Northern Ireland” insert “in accordance with that licence,”,

(b) in paragraph (2), omit sub-paragraph (b) and the “and” preceding it,

(c) omit paragraphs (3) to (5).

9.  In Article 174 (false statements in connection with forgery of, and fraudulent use of documents, etc.), in paragraph (6) after “Part II (in the first place) insert “, a Great Britain licence”.

10.  In Article 180 (enforcement powers of constable), in paragraph (8)—

(a) after “Part II” (in the first place) insert “, a Great Britain licence”, and

(b) after “counterpart” (in the second place) insert “Great Britain licence”.

The Road Traffic Offenders (Northern Ireland) 1996 (NI 10)

11.  The Road Traffic Offenders (Northern Ireland) Order 1996 shall be amended as follows.

12.  In Article 2 (general interpretation), in paragraph (2)—

(a) in the definition of “the provisions connected with the licensing of drivers”, for “92A” substitute “92ZA to”,

(b) for “and EEA State” substitute “EEA State and Great Britain licence”.

13.  In Article 7 (restriction on institution of proceedings for certain offences), in paragraph (2), after “15D” insert “or 19H”.

14.  In Article 28 (interim disqualification), in paragraph (7), for the words from “and 92A(5)” to “licences)” substitute “92ZA(7) and 92(5) of this Order”.

15.  In Schedule 1 (prosecution and punishment of offences)—

(a) in the entry for Article 11(3) of the Order of 1981, in column 2, at the end insert “or 19H”,

(b) in the entry for Article 15B(11) of that Order—

(i) in column 1, at the end insert “and that paragraph as applied by Article 19F(5)”,

(ii) in column 2, at the end insert “or a requirement under Article 15B(6) or (7) as applied by Article 19F(5)”,

(c) omit the entry for Article 19E of that Order,

(d) before the entry for Article 31E(1) insert—

“Article 19G(4).

Failure to deliver Great Britain licence to the Department when required by notice under Article 19G.

Summarily

Level 3 on the standard scale.”

The Road Traffic (New Drivers) (Northern Ireland) Order 1998 (NI 7)

16.  The Road Traffic (New Drivers) (Northern Ireland) Order 1998 is amended as follows.

17.  In Article 2 (interpretation), in paragraph (2) at the appropriate place in alphabetical order insert—

““full Great Britain licence” means a Great Britain licence other than a Great Britain provisional licence,

“Great Britain provisional licence” means a Great Britain licence which corresponds to a provisional licence.”.

18.  In Article 4 (surrender of licences), at the end insert—

“(6) In this Article and Article 5 “licence” includes a Great Britain licence.”.

19.  In Article 5 (revocation of licences)—

(a) after paragraph (1) insert—

“(1A) Where the Department serves on the holder of a Great Britain licence a notice under paragraph (1), the Department must send to the licensing authority in Great Britain—

(a) particulars of the notice; and

(b) the Great Britain licence.

(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under section 3(1) of the Road Traffic (New Drivers) Act 1995 (c. 13), the Department must by notice served on the holder revoke the licence.”,

(b) in paragraph (2), after “paragraph (1)” insert “or (1B)”,

(c) at the end, insert—

“(3) In this Article references to the revocation of a person’s Great Britain licence are references to its revocation as respects Northern Ireland; and, accordingly, the person ceases to be authorised by virtue of Article 19E(1) of the Order of 1981 to drive in Northern Ireland a motor vehicle of any class.”.

20.  In Article 6 (re-testing)—

(a) in paragraph (1)—

(i) for “Article 5(1)” substitute “Article 5”,

(ii) after “full licence” (in the second place it occurs) insert “or (as the case may be) full Great Britain licence”,

(b) after paragraph (1) insert—

“(1A) Subject to paragraph (5), the Department may not under that Part grant a person whose Great Britain licence has been revoked under section 3(1) of the Road Traffic (New Drivers) Act 1995 a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Great Britain licence unless he satisfies the Department as mentioned in paragraph (1).”,

(c) in paragraphs (2) and (3), at the end insert “or (as the case may be) full Great Britain licence”,

(d) in paragraph (5)—

(i) for “Paragraph (1) does” substitute “Paragraphs (1) and (1A) do”, and

(ii) for “Article 5(1)” substitute “Article 5 or whose Great Britain licence has been revoked under section 3(1) of the Road Traffic (New Drivers) Act 1995”.

21.  In Article 7 (restoration of licence without re-testing in certain cases)—

(a) in paragraphs (1), (4) and (6), for “Article 5(1)” substitute “Article 5”,

(b) in paragraphs (3)(a) and (4)(c), after “Article 4” insert “or (as the case may be) section 2 of the Road Traffic (New Drivers) Act 1995”,

(c) at the end insert—

“(10) Nothing in this Article applies in relation to a person whose Great Britain licence has been revoked under Article 5(1).”.

22.  In Article 9 (early termination of probationary period)—

(a) in sub-paragraph (b), for “Article 5(1)” substitute “Article 5”,

(b) in sub-paragraph (c)—

(i) for “paragraph 5(1)” substitute “paragraph 5”,

(ii) for “paragraph 8(1)” substitute “paragraph 8”.

23.  Schedule 1 (newly qualified drivers holding test certificates) shall be amended as follows.

24.  In paragraph 1, at the end insert—

“(3) In this Schedule “licence” includes a Great Britain licence, “full licence” includes a full Great Britain licence and “provisional licence” includes a Great Britain provisional licence.

(4) In relation to the holder of a Great Britain licence, the following sub-paragraphs have effect for the purposes of this Schedule.

(5) References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Great Britain test certificate”) which is evidence that he has not more than two years previously passed a Great Britain test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

(6) References to prescribed conditions are references to conditions subject to which the Great Britain provisional licence was granted.”.

25.  In paragraph 2, after sub-paragraph (4) insert—

“(4A) In relation to the holder of a Great Britain licence, the reference in sub-paragraph (4)(b) to Article 14(2) of the Order of 1981 is a reference to section 98(2) of the Road Traffic Act 1988.”.

26.  In paragraph 5—

(a) after sub-paragraph (1) insert—

“(1A) Where the Department serves on the holder of a Great Britain licence a notice under sub-paragraph (1), the Department must send to the licensing authority in Great Britain particulars of the notice together with the Great Britain test certificate.

(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under paragraph 5(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995, the Department must by notice served on that person revoke his test certificate.”,

(b) in sub-paragraph (2), after “sub-paragraph (1)” insert “or (1B)”,

(c) at the end insert—

“(4) In this paragraph and paragraph 8 references to the revocation of a person’s Great Britain test certificate are references to its revocation as respects Northern Ireland.

(5) The effect of the revocation of a person’s Great Britain test certificate as respects Northern Ireland is that any prescribed conditions to which his Great Britain provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of Article 19E(1) of the Order of 1981.”.

27.  In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” substitute “paragraph 5, or whose Great Britain test certificate has been revoked under paragraph 5(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995”.

28.  In paragraph 8—

(a) after sub-paragraph (1) insert—

“(1A) Where the Department serves on the holder of a Great Britain licence a notice under sub-paragraph (1), the Department must send to the licensing authority in Great Britain particulars of the notice together with the Great Britain licence and the Great Britain test certificate.

(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under paragraph 8(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995, the Department must by notice served on that person revoke his licence and test certificate.”,

(b) in sub-paragraph (2), after “sub-paragraph (1)” insert “or (1B)”,

(c) at the end insert—

“(3) In this paragraph references to the revocation of a person’s Great Britain licence are references to its revocation as respects Northern Ireland; and, accordingly, the person ceases to be authorised by virtue of Article 19E(1) of the Order of 1981 to drive in Northern Ireland a motor vehicle of any class.”.

29.  In paragraph 9—

(a) in sub-paragraph (1), for “paragraph 8(1)” substitute “paragraph 8, or whose Great Britain licence and Great Britain test certificate have been revoked under paragraph 8(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995,”,

(b) in sub-paragraph (4)(b)(i), after “1981” insert “, or under section 98(2) of the Road Traffic Act 1988,”.

30.  In paragraph 10(a)—

(a) for “paragraph 5(1)” substitute “paragraph 5 (or a person’s Great Britain test certificate has been revoked under paragraph 5(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995)”,

(b) for “paragraph 8(1)” substitute “paragraph 8 (or a person’s Great Britain licence and Great Britain test certificate have been revoked under paragraph 8(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995)”.

31.  In paragraph 11—

(a) in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and “paragraph 8(1)” substitute “paragraph 5” and “paragraph 8” respectively,

(b) in sub-paragraph (1)(d), after “Article 4” insert “or (as the case may be) section 2 of the Road Traffic (New Drivers) Act 1995.”.

Article 7(2)

SCHEDULE 2 REPEALS

Short Title	Extent of repeal
The Road Traffic (Northern Ireland) Order 1981 (NI 1).	In Article 19D(1), in the definition of “counterpart”, the “and” at the end of sub-paragraph (a).
	In Article 19E, in paragraph (2), sub-paragraph (b) and the “and” preceding it, paragraphs (3) to (5).
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10).	In Schedule 1, the entry relating to Article 19E of the Road Traffic (Northern Ireland) Order 1981.