The Road Traffic (Northern Ireland) Order 2007

Appeals to court of summary jurisdiction

60.—(1) A person who is aggrieved by a decision of the Department–

(a) under Article 59(2) to refuse an application for his registration or for the extension of his registration;

(b) under Article 59(2) to terminate his registration;

(c) under Article 59(2) to confirm a direction or alter the period specified in a direction under Article 58;

(d) under Article 59(6) to direct that an application by the appellant to be registered shall not be entertained before the expiration of the period specified in the direction,

may by notice in writing appeal to the court within the period of 28 days beginning with the day on which notice of the decision was given in accordance with Article 59(3).

(2) On an appeal under paragraph (1) the court may make such order–

(a) for the grant or refusal of the application;

(b) for the continuation or termination of the registration; or

(c) for the revocation or confirmation of the direction or the alteration of the period specified in the direction,

(as the case may be) as it thinks fit.

(3) An order for refusal or termination under paragraph (2)(a) or (b) may direct that an application by the appellant to be registered shall not be entertained before the expiration of such period, not exceeding 4 years beginning with the day on which the order is made, as may be specified in the order.

(4) If the court considers that any evidence adduced on an appeal had not been adduced to the Department before it gave the decision to which the appeal relates, it may (instead of making an order under paragraph (2)) remit the matter to the Department for it to reconsider the decision.

(5) A person who is aggrieved by a decision of the Department not to give a direction under Article 59(5) may by notice in writing appeal to the court within the period of 10 days beginning with the day on which notice of the decision is given.

(6) The court shall determine an appeal under paragraph (5) by either–

(a) giving the direction concerned; or

(b) dismissing the appeal.

(7) Where the Department has decided to refuse an application for the extension of a person’s registration or to terminate a person’s registration but either–

(a) it gave a direction under Article 59(5); or

(b) the court has given such a direction on appeal,

it may by notice in writing apply to the court for an order that the decision is to take effect immediately.

(8) The court shall determine the Department’s application under paragraph (7) by either granting or refusing the application.

(9) The court may only grant the application if it considers that a failure to do so might prejudicially affect–

(a) the well-being of any person to whom the person concerned may give instruction in the driving of a motor vehicle; or

(b) the safety of road users.

(10) On an appeal under paragraph (1) or (5) the respondent is the Department.

(11) Except in so far as the procedure for appeals or applications is provided for in this Article, Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) shall apply to appeals and applications made under this Article.

(12) In this Article, “the court” means a court of summary jurisdiction acting for the petty sessions district in which the person resides.