The Road Traffic (Northern Ireland) Order 2007

Document Number:2007 No. 916 (N.I. 10)
 
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Statutory Instruments

NORTHERN IRELAND

Made

21 st March 2007

Coming into operation in accordance with Article 1(2) to (5)

At the Court at Buckingham Palace, the 21 st day of March 2007

Present,

The Queen’s Most Excellent Majesty in Council

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

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 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 2007.

    (2) This Part shall come into operation on the expiration of 7 days from the day on which this Order is made.

    (3) The other provisions of this Order shall come into operation on such day or days as the Department may by order appoint.

    (4) An order under paragraph (3) may contain–

    (a) such transitional provisions and savings;

    (b) such supplementary, incidental or consequential provisions (including any provision amending this Order) ,

    as the Department considers necessary or expedient in connection with the coming into operation of any of the provisions of this Order.

    (5) The day on which Articles 38 and 39 and Schedule 4 (and the repeals contained in Part IV of Schedule 8) come into operation must be–

    (a) later than the day on which Article 16 and Schedule 2 (and the repeals contained in Part III of Schedule 8) come into operation, but

    (b) earlier than the day on which Article 40 and Schedule 5 (and the repeals contained in Part V of Schedule 8) come into operation.

    Interpretation

  2. —(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order–

    “the Department” means the Department of the Environment;

    “the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10);

    “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981 (NI 1);

    “the Order of 1991” means the Road Traffic (Amendment) (Northern Ireland) Order 1991 (NI 3);

    “the Order of 1995” means the Road Traffic (Northern Ireland) Order 1995 (NI 18);

    “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

    PART IIOFFENCES AND ENFORCEMENT

    Increase in penalty points

    Offences concerning the wearing of seat belts

  3. In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences)–

    (a) for columns (5) to (7) of the entry relating to offences under Article 23 of the Order of 1995 (driving or riding in a motor vehicle in contravention of regulations requiring the wearing of seat belts) substitute–

    (a)3 if committed by driving a motor vehicle in contravention of regulations requiring wearing of seat belts.

    (b)2 if committed by riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.”;

    (b) for columns (5) to (7) of the entry relating to offences under Article 24(2) of the Order of 1995 (driving motor vehicle with child in front not wearing seat belt) substitute–

    (c) for columns (5) to (7) of the entry relating to offences under Article 24(5) of the Order of 1995 (driving motor vehicle with child in rear not wearing seat belt) substitute–

    Failure to give information for purposes of identification to police

  4. In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in column (7) of the entry relating to Article 177 of the Order of 1981 (failure of driver or owner to give information for purposes of identification to police) for “3” substitute “6”.

    Contravention of temporary speed restriction

  5. —(1) In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) for columns (5) to (7) of the entry relating to Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) (temporary traffic regulation) substitute–

    (2) In Article 23 of the Offenders Order (speeding offences etc: admissibility of certain evidence) before paragraph (2)(a) insert–

    “(az) an offence under Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997 consisting in the contravention of a temporary speed restriction under paragraph (3)(b) of that Article;”.

    Breach of requirements as to control of vehicle, mobile telephones etc.

  6. —(1) After Article 56 of the Order of 1995 insert–

    “Breach of requirements as to control of vehicle, mobile telephones etc.

    56 A. A person who contravenes a construction and use requirement–

    (a) as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

    (b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

    is guilty of an offence.”.

    (2) In Article 58(a) of that Order (breach of other construction and use requirements) after “56(a)” insert “, 56 A”.

    (3) In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) after the entry relating to offences under Article 56 of the Order of 1995 insert–

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

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

    Increase in other penalties

    Increase in penalty for careless, and inconsiderate, driving

  7. In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in the entry relating to offences under Article 12 of the Order of 1995 (careless, and inconsiderate, driving) in column (4) for “level 4” substitute “level 5”.

    Increase in penalty where child not wearing seat belt in rear

  8. In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in the entry relating to offences under Article 24(5) of the Order of 1995 (driving motor vehicle with child in rear not wearing seat belt) in column (4) for “level 1” substitute “level 2”.

    Disqualification for using vehicle in dangerous condition

  9. —(1) In Article 35 of the Offenders Order (disqualification for certain offences) after paragraph (4) insert–

    “(4 A) Where a person convicted of an offence under Article 54 of the Order of 1995 (using vehicle in dangerous condition etc.) has within the 3 years immediately preceding the commission of the offence been convicted of any such offence, paragraph (1) shall apply in relation to him as if the reference to 12 months were a reference to 6 months.”.

    (2) In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in the entry relating to Article 54 of the Order of 1995 (using vehicle in dangerous condition etc.) in column (5) for “Discretionary.” substitute–

    “(a) Obligatory if committed within 3 years of a previous conviction of the offender under Article 54.

    (b) Discretionary in any other case.”

    Attendance on courses

    Reduced penalty points for attendance on course

  10. —(1) The Offenders Order is amended as follows.

    (2) In Article 31 (penalty points to be taken into account on conviction) after paragraph (2) insert–

    “(3) Paragraph (1)(b) has effect subject to Article 32 A.”.

    (3) After Article 32 insert–

    “Reduced penalty points for attendance on course

    32 A.—(1) This Article applies where–

    (a) a person is convicted of a specified offence by or before a court,

    (b) penalty points are to be attributed to the offence and the court does not order him to be disqualified, and

    (c) at least 7 but no more than 11 penalty points are to be taken into account on the occasion of the conviction.

    (2) In this Article “specified offence” means–

    (a) an offence under Article 20(4) of the Roads (Northern Ireland) Order 1993 (use of special road contrary to regulations) ,

    (b) an offence under Article 12 of the Order of 1995 (careless, and inconsiderate, driving) ,

    (c) an offence under Article 50 of the Order of 1995 (contravention of traffic signs) ,

    (d) an offence under Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (contravening speed limit) , or

    (e) an offence under Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997 committed by contravening a temporary speed restriction under paragraph (3)(b) of that Article.

    (3) The Department may by order amend paragraph (2) by making additions to or deletions from the list of offences for the time being set out there.

    (4) Where this Article applies, the court may make an order that 3 of the penalty points attributed to the offence (or all of them if 3 or fewer are so attributed) shall not be taken into account under Article 31(1)(b) on the occasion of any conviction of an offence after the end of the period of 12 months beginning with the date of the order if, by the relevant date, the offender completes an approved course specified in the order.

    (5) In paragraph (4)–

    “an approved course” means a course approved by the Department for the purposes of this Article in relation to the description of offence of which the offender is convicted; and

    “the relevant date” means such date, no later than 10 months after the day on which the order is made, as is specified in the order.

    (6) A court shall not make an order under this Article in the case of an offender convicted of an offence if–

    (a) the offender has, during the period of 3 years ending with the date on which the offence was committed, committed a specified offence and successfully completed an approved course pursuant to an order made under this Article or Article 36 on conviction of that offence, or

    (b) the offence was...

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