Traffic Weight Restriction (Killynamph Road, Lisnaskea) Order (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 555

ROAD TRAFFIC AND VEHICLES

Traffic Weight Restriction (Killynamph Road, Lisnaskea) Order (Northern Ireland) 1996

Made

27th November 1996

Coming into operation

13th January 1997

WHEREAS the Department of the Environment has published a notice in compliance with Article 23(1) and (2) of the Road Traffic (Northern Ireland) Order 1981(1);

AND WHEREAS no objection or representation has been received;

NOW THEREFORE the Department, in exercise of the powers conferred on it by Article 22(1) of the Road Traffic (Northern Ireland) Order 1981 and of every other power enabling it in that behalf and being satisfied that the road specified in Article 2 is unsuitable for use by certain classes of vehicles, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Traffic Weight Restriction (Killynamph Road, Lisnaskea) Order (Northern Ireland) 1996 and shall come into operation on 13th January 1997.

(2) In this Order—

• “maximum gross weight” has the meaning assigned to that term by regulation 2(1) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989(2);

• “statutory undertaker” means—

  (a)

  the post office;

  (b)

  the railway undertaking within the meaning of the Transport Act (Northern Ireland) 1967(3);

  (c)

  an undertaking within the meaning of the Gas (Northern Ireland) Order 1977(4);

  (d)

  any body or person authorised by any statutory provision to carry on any harbour or dock undertaking.

Prohibition

2.  Subject to Article 3, the use by vehicles exceeding 7.5 tonnes maximum gross weight is prohibited in Killynamph Road, Unclassified No. 9446, Lisnaskea.

Exceptions

3.  The prohibition in Article 2 shall not apply to a vehicle being used—

(a) by or on behalf of the owner or occupier of land abutting on or convenient to the road for the purpose of gaining access to such land; or

(b) in connection with the delivery to or collection from such land of any goods or livestock or postal packets; or

(c) for police or military purposes, or in an emergency for ambulance or fire brigade purposes; or

(d) in or adjacent to the road in pursuance of statutory powers and duties by or on behalf of a government department, district council or statutory undertaker; or

(e) in or adjacent to the road in connection with the laying, erection, alteration or repair of any telecommunication apparatus as defined in section 4(3) of the Telecommunications Act 1984(5).

Sealed with the Official Seal of the Department of the Environment on 27th November 1996.

L.S.

J. Carlisle

Assistant Secretary

Explanatory Note

(This note is not part of the Order.)

This Order prohibits vehicles exceeding 7.5 tonnes maximum gross weight from using Killynamph Road, Unclassified No. 9446, Lisnaskea.

Vehicles requiring access are excepted from the provisions of the Order.

Any person who acts in contravention of the Order shall be guilty of an offence under the Road Traffic (Northern Ireland) Order 1981 and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1,000).

Traffic signs indicating the effect of the Order will be erected on the road in due course.

(1)

S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department”

(2)

S.R. 1989 No. 299 to which there are amendments not relevant to this Order

(3)

1967 c. 37 (N.I.)

(4)

S.I. 1977/596 (N.I. 7)

(5)

1984 c. 12