The Road Traffic Offenders (Northern Ireland) Order 1996

Time within which summary proceedings for certain offences must be commenced N.I.

10.—(1) Notwithstanding anything in Article 19(1) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981, summary proceedings for an offence to which this Article applies may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the complainant to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this Article more than 3 years after the commission of the offence.

(2) For the purposes of this Article a certificate signed by or on behalf of the complainant and stating the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(3) This Article applies to—

(a) an offence under any of the following provisions of the Order of 198 l—

[F1 (iz) Article 9(13) (driving after making false declaration as to physical fitness),]

(i) Article 11(3) (failure to notify Department of onset of, or deterioration in, relevant or prospective disability)[F2 and that provision as applied by Article 15D of that Order],

[F3 (ia) Article 11(3B) (driving after such a failure),

(ib) Article 11A (driving after refusal of licence under Article 9(3) or revocation under Article 10(1) or (2)),]

(ii) Article 15(7) (driving licence holder failing when his licence is revoked, to surrender it or, when his particulars become incorrect, to surrender the licence and counterpart and give particulars),

[F2 (iia) Article 15B(11) (driving after failure to comply with a requirement under Article 15B(6), (7) or (10),]

(iii) Article 90 (using, etc. motor vehicle without insurance or security against third party risks),

[F4 (iiia) Article 168A(1) (applying for or obtaining a driving licence, or driving while disqualified),]

(iv) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) Article 174(1) (making false statements or withholding information in connection with applications for licences, etc.);

(b) an offence under Article 72 of this Order.

[F6 (c) an offence under paragraph 3(5) of Schedule 1 to the Road Traffic (New Drivers) (Northern Ireland) Order 1998.]

F1 Art. 10(3)(a)(iz) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 17(a); S.R. 2007/454, art. 2, Sch.

F2 SR 1997/241

F3 Art. 10(3)(ia)(ib) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 17(b); S.R. 2007/454, art. 2, Sch.

F4 Art. 10(3)(a)(iiia) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 17(c); S.R. 2007/454, art. 2, Sch.

F5 Art. 10(3)(a)(iv)(v)(vi) repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F6 1998 NI 7

Modifications etc. (not altering text)

C1 Art. 10 power to apply conferred (23.4.2012) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 13, Sch. 1 para. 8; S.R. 2012/16, art. 2, Sch.

C2 Art. 10 power to apply conferred by S.I. 1981/154 (N.I. 1), Sch. 2A para. 7 (as inserted (prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 25(3), Sch. 3)

C3 Art. 10 applied (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), ss. 45(2), 60(2); S.R. 2012/262, art. 2

C4 Art. 10 applied (prosp.) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 31(2), 48(2)

C5 Art. 10 applied (23.4.2012) by Road Traffic (Immobilisation, Removal and Disposal of Vehicles) Regulations (Northern Ireland) 2012 (S.R. 2012/ 19), {reg. 21(b)}