The Road Traffic (Northern Ireland) Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/916 |
| Year | 2007 |
2007 No. 916 (N.I. 10)
NORTHERN IRELAND
The Road Traffic (Northern Ireland) Order 2007
21stMarch 2007
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. Title and commencement
2. Interpretation
PART II
OFFENCES AND ENFORCEMENT
Increase in penalty points3. Offences concerning the wearing of seat belts
4. Failure to give information for purposes of identification to police
5. Contravention of temporary speed restriction
6. Breach of requirements as to control of vehicle, mobile telephones etc.
Increase in other penalties7. Increase in penalty for careless, and inconsiderate, driving
8. Increase in penalty where child not wearing seat belt in rear
9. Disqualification for using vehicle in dangerous condition
Attendance on courses10. Reduced penalty points for attendance on course
11. Reduced disqualification period for attendance on course
Deposits and prohibition on driving12. Financial penalty deposits
13. Prohibition on driving: immobilisation, removal and disposal of vehicles
Testing for drink and drugs14. Testing for drink and drugs
15. Period of endorsement for failure to allow specimen to be tested
Powers of enforcement16. Giving of fixed penalty notices by vehicle examiners
17. Extension of powers of vehicle examiners
18. Power of arrest in relation to failure to stop a vehicle
19. Production of certain documents
20. Seizure of licences
21. Power to seize etc. vehicles driven without insurance
Graduated fixed penalties22. Graduated fixed penalties
23. Graduated fixed penalty points
24. Graduated fixed penalty points for speeding offences
Miscellaneous25. Offence of keeping vehicle which does not meet insurance requirements
26. Seat belts: delivery drivers
27. Disqualification until test passed
28. Notice of prosecution for certain offences
29. False statements, forgery and power of seizure in connection with certain documents
PART III
DRIVER LICENSING
30. Driving otherwise than in accordance with a licence
31. Power to remove requirement to apply for licence after passing of test
32. Removal of two year period from passing of test in which to apply for licence
33. Physical fitness
34. Payment of fee for confirmation in writing of person's entitlement to drive
35. Exchangeable driving licences
36. Access to driver licensing information
37. Applying for or obtaining a driving licence, or driving, while disqualified
38. Driving record
39. Unlicensed and foreign drivers
40. All drivers
PART IV
DRIVER AND VEHICLE TESTING
41. Display of test certificates
42. Vehicles modified to run on fuel stored under pressure
43. Testing of vehicles
44. Tests of competence to drive
45. Approved test assistants
PART V
DRIVING INSTRUCTION
Introductory46. Interpretation of this Part
47. Expressions defined in this Part
48. Requirement of registration
49. Paid driving instruction: offences
50. Exemption from prohibitions imposed by Article 48
Registration51. Register
52. Conditions of registration
53. Registration of disabled persons
54. Provisions supplementary to Article 53
55. Duration of registration
56. Extension of duration of registration
57. Termination of registration by Registrar
58. Power to give direction as to further applications
Appeals59. Appeals to the Department
60. Appeals to court of summary jurisdiction
61. Regulations in respect of appeals
Examinations and training62. Examinations
63. Review of examinations etc.
64. Training
Disabled persons: emergency control certificates, etc.65. Assessment of disabled person's ability to control a motor vehicle in an emergency
66. Further assessments
67. Duty to disclose further disability
68. Offences relating to giving by disabled person of paid driving instruction
General and supplemental69. Power to alter registration period
70. Evidence of registration
71. Surrender of certificates etc.
72. Production of certificates etc. to constables and authorised persons
73. Offences by corporations
74. Service of notices
75. Fees
76. Regulations
77. Application to Crown
78. Offences
PART VI
MISCELLANEOUS
79. Removal of requirement for Department of Finance and Personnel to approve certain matters relating to charging of fees by Department
80. Funding for automatic number plate recognition
81. Disclosure of information about insurance status of vehicles
82. Departments' functions as to road safety
83. Regulations prohibiting the grant of excise licences unless evidence of insurance or security
84. Alteration of penalties
85. Power to make consequential provisions
86. Amendments and repeals
SCHEDULES:
Schedule 1
Prohibition on driving: immobilisation, removal and disposal of vehicles
Schedule 2
Giving of fixed penalty notices by vehicle examiners etc.
Schedule 3
New Schedule 2A to the Order of 1981
Schedule 4
Endorsement: unlicensed and foreign drivers: consequential amendments
Schedule 5
Endorsement: all drivers: consequential amendments
Schedule 6
Entries to be inserted in Part I of Schedule 1 to the Offenders Order in respect of driving instruction
Schedule 7
Minor and consequential amendments
Schedule 8
Repeals
At the Court at Buckingham Palace, the 21st 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: 208
PART I
INTRODUCTORY
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 II
OFFENCES 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-Discretionary. |
Obligatory. |
(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. |
Discretionary. |
Obligatory. |
3 |
Discretionary. |
Obligatory. |
3 |
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-
Discretionary if committed by contravening temporary speed restriction under Article 7(3)(b). |
Obligatory if committed as described in column (5). |
3-6 if as described in column (5) |
(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.
56A.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...To continue reading
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