The Road Traffic (Northern Ireland) Order 1995

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The Road Traffic (Northern Ireland) Order 1995

Statutory Instruments

NORTHERN IRELAND

Made

23 rd November 1995

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the 23 rd day of November 1995

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974(1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

PART IINTRODUCTORY

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(2) 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(3);

“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(4);

“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(5);

“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 ...

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