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The Road Traffic Offenders (Northern Ireland) Order 1996

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Point in time view as at 13/12/2010.

Changes to legislation:

The Road Traffic Offenders (Northern Ireland) Order 1996 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Articles 3, 4, 9, 13, 30, 34, 60, 66, 80 and 81.

SCHEDULE 1N.I.PROSECUTION AND PUNISHMENT OF OFFENCES

PART IN.I.OFFENCES UNDER THE ROAD TRAFFIC ORDERS

Offences under the Order of 1981

(1)(2)(3)(4)(5)(6)(7)
Provision creating offenceGeneral nature of offenceMode of prosecutionPunishmentDisqualificationEndorsementPenalty points
Article 3(1) [F1Driving otherwise than in accordance with a licence.]Summarily.Level 3 on the standard scale.Discretionary if committed by driving a motor vehicle in a case where either no licence authorising the driving of that vehicle could have been granted to the offender or, if a provisional (but no other) licence to drive it could have been granted to him, the driving would not have complied with the conditions of the licence.Obligatory if committed as described in column 5.3-6
Article 3(2)Causing or permitting a person to drive [F2otherwise than in accordance with] a licence.Summarily.Level 3 on the standard scale.
Article 9(10)Failure to deliver a licence and counterpart revoked by virtue of Article 9(8) to Department.Summarily.Level 3 on the standard scale.
[F3Article 9(13)] [F3Driving after making false declaration as to physical fitness.] [F3Summarily.] [F3Level 4 on the standard scale.] [F3Discretionary.] [F3Obligatory.] [F33–6]
Article 10(3)Failure to deliver revoked licence and counterpart to Department.Summarily.Level 3 on the standard scale.
Article 11(3)Failure to notify Department of onset of, or deterioration in, relevant or prospective disability[F4 and that provision as applied by Article 15D[F5 or 19H].]Summarily.Level 3 on the standard scale.
[F6Article 11(3B)] [F6Driving after such a failure and that paragraph as applied by Article 15D(b) or 19H(c).] [F6Summarily.] [F6Level 3 on the standard scale.] [F6Discretionary.] [F6Obligatory.] [F63–6]
[F6Article 11A] [F6Driving after refusal of licence under Article 9(3), revocation under Article 10(1) or (2) or service of a notice under Article 15C or 19G] [F6Summarily.] [F6Level 5 on the standard scale or 6 months or both.] [F6Discretionary.] [F6Obligatory.] [F63–6]
F7. . . F7. . . F7. . . F7. . . F7. . . F7. . . F7. . .
F8. . . F8. . . F8. . . F8. . . F8. . . F8. . . F8. . .
Article 15(7)Driving licence holder failing, when his licence is revoked, to surrender it and its counterpart or, when particulars become incorrect, to surrender the licence and counterpart and give particulars.Summarily.Level 3 on the standard scale.
[F4Article 15B(11)[F5 and that paragraph as applied by Article 19F(5)]][F4Driving after failure to comply with a requirement under Article 15B(6), (7) or (10)[F5 or a requirement under Article 15B(6) or (7) as applied by Article 19F(5)].][F4Summarily.][F4Level 3 on the standard scale.]
[F4Article 15C(4)][F4Failure to deliver Community licence and its counterpart to Department when required by notice under Article 15C.][F4Summarily.][F4Level 3 on the standard scale.]
Article 19Exceeding speed limit in vehicle required to display or displaying learner-driver's mark.Summarily.(i) Where the mark is required to be displayed, level 3 on the standard scale.Discretionary if committed as described in column 4(i).Obligatory if committed as described in column 4(i).3-6 if committed as described in column 4(i).
(ii) Where the mark is not required to be displayed, level 2 on the standard scale.
Article 19AFailure to comply with restriction on restricted drivers.Summarily.Level 3 on the standard scale.Discretionary.Obligatory

[F9(a) 3-6 if committed by contravening the specified restriction under paragraph (5)(b) of Article 19A (driving at a speed exceeding 45 miles per hour.);

(b) 2 if committed only by contravening the specified restriction under paragraph (5)(a) of Article 19A (failure to display restricted driver's mark.)]

Article 19BExceeding speed limit in vehicle displaying restricted driver's mark where mark is not required to be displayed.Summarily.Level 2 on the standard scale.
F5. . . F5. . . F5. . . F5. . .
F10. . . F10. . . F10. . . F10. . .
[F5Article 19G(4).][F5Failure to deliver Great Britain licence to the Department when required by notice under Article 19G.][F5Summarily.][F5Level 3 on the standard scale.]
Article 31E(1)Using, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it.Summarily.Level 4 on the standard scale.
Article 31E(2)Using, etc., motor vehicle with alteration required to be but not notified to Department under Article 31B.Summarily.Level 3 on the standard scale.
Article 31E(5)Selling, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it.Summarily.Level 5 on the standard scale.
Article 31FFailure to hold EC certificate of conformity for unregistered light passenger vehicle[F11 or motor cycle].Summarily.Level 3 on the standard scale.
Article 31GLight passenger vehicles[F11 and motor cycle] not to be sold without EC certificate of conformity.Summarily.Level 5 on the standard scale.
Article 56Driving, or causing or permitting the driving of, goods vehicle in excess of prescribed hours.Summarily.Level 4 on the standard scale.
Article 59Public service vehicle plying for hire where driver not licensed.Summarily.Level 3 on the standard scale.
Article 60Public service vehicle plying for hire when not licensed under Article 61.Summarily.Level 4 on the standard scale.
Article 62(2)Permitting overcrowding on public service vehicle.Summarily.Level 2 on the standard scale.
Article 62(4)Failure to produce to court licence granted under Article 61.Summarily.Level 3 on the standard scale.
Article 64Owner of public service vehicle failing to provide alternative transport.Summarily.Level 3 on the standard scale.
Article 66Contravention of Community provision as to keeping or production of documents.Summarily.Level 4 on the standard scale.
Article 72Failing to comply with conditions of LGV[F4 PCV licence or LGV Community licence] causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions.Summarily.Level 3 on the standard scale.
[F4Article 73A(4)][F4Failure to deliver LGV or PCV Community licence when required by notice under Article 73A.][F4Summarily.][F4Level 3 on the standard scale.]
Article 75Failure to deliver revoked or suspended LGV or PCV licence and its counterpart to Department.Summarily.Level 3 on the standard scale.
Article 77(4)Contravention of provision of regulations (which is declared by regulations to be an offence) about LGV or PCV drivers' licences[F4 or LGV or PCV Community licences.]Summarily.Level 3 on the standard scale.
Article 79ADriving without a taxi driver's licence.Summarily.Level 3 on the standard scale.Discretionary if committed by driving a taxi where no licence authorising the driving of that vehicle could have been granted.Obligatory if committed as described in column 5.3-6
Article 81(1)Driving, or causing or permitting the driving of, motor vehicle in contravention of applicable Community rules as to periods of driving, etc.Summarily.Level 4 on the standard scale.
[F1281(1B)][F12Contravention of requirement imposed by Article 10(4) of Regulation (EC) No 561/2006 (undertakings etc. to ensure that contractually agreed transport time schedules respect that Regulation).][F12Summarily.][F12Level 4 on the standard scale.]
[F13Article 81(1C)][F13Contravention of requirement imposed by Chapter 2 of Regulation (EC) No 561/2006 (crews, driving times, breaks and rest periods).][F13Summarily.][F13Level 4 on the standard scale.]
Article 81(2)Contravention of requirement of applicable Community rules as to books, records or documents.Summarily.Level 4 on the standard scale.
Article 81(3)Making, or causing to be made, false entry in book, record or document kept for purposes of applicable Community rules.Summarily.Level 4 on the standard scale.
Article 82Failure to produce, etc., books, records or documents; obstructing inspector of vehicles.Summarily.Level 3 on the standard scale.
Article 86Driving, or causing or permitting the driving of, vehicle in contravention of a prohibition under Article 84, or refusing, neglecting or otherwise failing to comply with a direction given under Article 84(3).Summarily.Level 5 on the standard scale.
Article 90Driving, or causing or permitting a person to drive, motor vehicle while uninsured.Summarily.Level 5 on the standard scale [F14or 6 months or both].Discretionary.Obligatory.6-8
Article 95Failure to surrender certificate on cancellation of insurance policy or security.Summarily.Level 3 on the standard scale.
Article 96Failure of person against whom claim made to give information as to insurance or security.Summarily.Level 4 on the standard scale.
Article 97Failure to give information or to produce certificate, or making false reply or false statement as to insurance.Summarily.

Level 4 on the standard scale.

NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180.

F10. . . F10. . . F10. . . F10. . .
Article 132(3)Taking, etc., title implying registration as driving instructor.Summarily.Level 4 on the standard scale.
Article 132(5)Making of false statement, etc., to obtain registration, etc., as driving instructor.Summarily.Level 4 on the standard scale.
Article 133Giving of paid driving instruction by unregistered or unlicensed persons or their employers.Summarily.Level 4 on the standard scale.
Article 136Failure to surrender certificate or licence within 14 days of notice.Summarily.Level 3 on the standard scale.
Article 137Failure to produce certificate of registration or licence as driving instructor.Summarily.Level 3 on the standard scale.
Article 154(1)Driving with uncorrected defective eyesight.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3
Article 154(2)Refusal to submit to test to ascertain whether offence committed under Article 154(1).Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3
F10. . . F10. . . F10. . . F10. . . F10. . . F10. . . F10. . .
[F15Article 168A(1)(a) or (b)] [F15Applying for or obtaining driving licence while disqualified.] [F15Summarily.] [F15Level 3 on the standard scale.]
[F16Article 168A(1)(c)] [F16Driving while disqualified.] [F16(a) Summarily.] [F16(a) The statutory maximum or six months or both.] [F16Discretionary.] [F16Obligatory.] [F166]
[F16(b) On indictment] [F16(b) A fine or 2 years or both.]
F17. . . F17. . . F17. . . F17. . .
F17. . . F17. . . F17. . . F17. . .
F18. . . F18. . . F18. . . F18. . . F18. . . F18. . . F18. . .
F18. . . F18. . . F18. . . F18. . . F18. . . F18. . . F18. . .
F18. . . F18. . .
F18. . . F18. . . F18. . . F18. . .
F10. . . F10. . . F10. . . F10. . .
Article 172Taking vehicle without owner's consent:—
Where vehicle is a cycle.Summarily.Level 3 on the standard scale.
Where vehicle is a vehicle other than a cycle.(a) Summarily.(a) The statutory maximum or 6 months or both.Discretionary if committed in respect of a vehicle other than a cycle.
(b) On indictment.(b) A fine or 1 year or both.
[F19Article 172A][F19Aggravated vehicle‐taking.][F19(a) Summarily][F19The statutory maximum or six months or both][F19Obligatory][F19Obligatory][F193‐11]
[F19(b) On indictment][F195 years or a fine or both.]
[F19Article 172B][F19Aggravated vehicle‐taking causing death or grievous bodily injury.][F19On indictment][F1914 years or a fine or both][F19Obligatory][F19Obligatory][F193‐11]
Article 174(1) [F20Making certain false statements, furnishing certain false particulars or withholding certain material information etc.]SummarilyLevel 4 on the standard scale.
Article 174(2) [F21Forgery, etc. of licences, test certificates, certificates of insurance and other documents and things](a) Summarily.(a) The statutory maximum.
(b) On indictment.(b) A fine or 2 years or both.
F10. . . F10. . . F10. . . F10. . .
Article 175(2)Failure of driver of mechanically propelled vehicle to comply with duties on occurrence of accident caused by that vehicle.Summarily.

Level 5 on the standard scale or 6 months or both.

NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180.

Discretionary.Obligatory.5-10
Article 175(5)Failure of owner of mechanically propelled vehicle to comply with duties on occurrence of accident where vehicle driven by person other than owner.Summarily.Level 3 on the standard scale.
Article 176Failure to comply with duties on occurrence of other accidents.Summarily.Level 3 on the standard scale.
Article 177Failure of driver or owner of vehicle or other person required to do so, to give information for purposes of identification to police.Summarily.Level 3 on the standard scale.Discretionary if committed under Article 177(1)(b) or (c) and otherwise than by virtue of section 20(2) of the Interpretation Act (Northern Ireland) 1954.Obligatory if committed as described in column (5). [F226]
Article 178Failure of cyclist to give information for purposes of identification to police.Summarily.Level 3 on the standard scale.
Article 179Failure of pedestrian to give information for purposes of identification to police.Summarily.Level 1 on the standard scale.
[F23Article 180(1)] [F23Failure to stop when so required by constable in uniform.] [F23Summarily.] [F23(a)Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.]
[F23(b) Level 3 on the standard scale if committed by a person riding a cycle.]
[F23Article 180(4) to (7)] [F23Failure to produce licence, etc for examination or to state date of birth, failing to provide Department with evidence of date of birth etc, or obstructing, etc police.] [F23Summarily.] [F23Level 3 on the standard scale.]
F10. . . F10. . . F10. . . F10. . .

F1Words in Sch. 1 Pt. I relating to entry for "Article 3(1) of the Order of 1981" substituted (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. 21(a); S.R. 2007/454, art. 2, Sch.

F2Words in Sch. 1 Pt. I relating to entry for "Article 3(2) of the Order of 1981" substituted (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. 21(b); S.R. 2007/454, art. 2, Sch.

F4SR 1997/241

F6Sch. 1 Pt. I entries for "Articles 11(3B), 11A of the Order of 1981" 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. 21(d); S.R. 2007/454, art. 2, Sch.

F11SI 1999/2920

F14Words in Sch. 1 Pt. I relating to entry for "Article 90 of the Order of 1981" inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 55 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F15Sch. 1 Pt. I entries for "Articles 168A(1)(a) or (b), 168A(1)(c) of the Order of 1981" 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. 21(e); S.R. 2007/454, art. 2, Sch.

F16Sch. 1 Pt. I entry for "Article 168A(1)(c) of the Order of 1981" substituted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 56 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

F20Words in Sch. 1 Pt. I relating to entry for "Article 174(1) of the Order of 1981" substituted (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. 21(f); S.R. 2007/454, art. 2, Sch.

F21Words in Sch. 1 Pt. I relating to entry for "Article 174(2) of the Order of 1981" substituted (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. 21(g); S.R. 2007/454, art. 2, Sch.

F22Word in Sch. 1 Pt. I relating to entry for "Article 177 of the Order of 1981" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 4; S.R. 2007/302, art. 2, Sch.

F23Sch. 1 Pt. I entries for "Article 180(1) and Article 180(4) to (7) of the Order of 1981" substituted (16.7.2008) for the entry "Article 180 of the Order of 1981" by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 57 (with art. 1(5)); S.R. 2008/293, art. 2, Sch.

Offences under the Order of 1995

(1)(2)(3)(4)(5)(6)(7)
Provision creating offenceGeneral nature of offenceMode of prosecutionPunishmentDisqualificationEndorsementPenalty points
Article 9Causing death, or grievous bodily injury, by dangerous driving.On indictment.[F2414 years] or a fine or both.Obligatory.Obligatory.3-11
Article 10Dangerous driving.(a) Summarily.(a) 6 months or the statutory maximum or both.Obligatory.Obligatory.3-11
(b) On indictment.(b)[F19 5 years] or a fine or both.
[F25Article 11A][F25Causing death or grievous bodily injury by careless or inconsiderate driving.][F25(a) Summarily.][F25(a) 6 months or the statutory maximum or both.][F25Obligatory.][F25Obligatory.][F253-11]
[F25(b) On indictment.][F25(b) 5 years or a fine or both.]
Article 12Careless, and inconsiderate, driving.Summarily. [F26Level 5] on the standard scale.Discretionary.Obligatory.3-9
[F27Article 12B][F27Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers.][F27(a) Summarily.][F27(a) 6 months or the statutory maximum or both.][F27Obligatory.][F27Obligatory.][F273-11]
[F27(b) On indictment.][F27(b) 2 years or a fine or both.]
Article 14Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs.On indictment.[F2414 years] or a fine or both.Obligatory.Obligatory.3-11
Article 15(1)Driving or attempting to drive when unfit to drive through drink or drugs.Summarily.6 months or level 5 on the standard scale or both.Obligatory.Obligatory.3-11
Article 15(2)Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs.Summarily.3 months or level 4 on the standard scale or both.Discretionary.Obligatory.10
Article 16(1)(a)Driving or attempting to drive with excess alcohol in breath, blood or urine.Summarily6 months or level 5 on the standard scale or both.Obligatory.Obligatory.3-11
Article 16(1)(b)Being in charge of a motor vehicle with excess alcohol in breath, blood or urine.Summarily.3 months or level 4 on the standard scale or both.Discretionary.Obligatory.10
Article 17 [F28Failing to co-operate with a preliminary test.]SummarilyLevel 3 on the standard scale.Discretionary.Obligatory.4
Article 18Failing to provide specimen for analysis or laboratory test.Summarily.(a) Where the specimen was required to ascertain ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.(a) Obligatory in case mentioned in column 4(a).Obligatory(a) 3-11 in case mentioned in column 4(a).
(b) In any other case, 3 months or level 4 on the standard scale or both.(b) Discretionary in any other case.(b) 10 in any other case.
[F29Article 18A(6)][F29Failing to allow specimen to be subjected to laboratory test.][F29Summarily.][F29(a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.][F29(a) Obligatory in the case mentioned in column 4(a).][F29Obligatory][F29(a) 3-11, in the case mentioned in column 4(a).]
[F29(b) In any other case, 3 months or level 4 on the standard scale or both.][F29(b) Discretionary in any other case.][F29(b) 10, in any other case.]
Article 23Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.Summarily.Level 2 on the standard scale. [F30Discretionary.] [F30Obligatory.]

[F30(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.]

Article 24(2)Driving motor vehicle with child in front not wearing seat belt[F31or with child in a rear-facing child restraint in front seat with an active air bag.]Summarily.Level 2 on the standard scale. [F32Discretionary.] [F32Obligatory.] [F323]
Article 24(5)Driving motor vehicle with child in rear not wearing seat belt.Summarily. [F33Level 2] on the standard scale. [F34Discretionary.] [F34Obligatory.] [F343]
[F35Article 24A (4)] [F35Failure to notify bus passengers of the requirement to wear seat belts.] [F35Summarily.] [F35Level 4 on the standard scale.]
Article 26(3) or (4)Selling, etc., in certain circumstances equipment as conducive to the safety of children in motor vehicles.Summarily.Level 3 on the standard scale.
Article 27Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear.Summarily.Level 2 on the standard scale.
Article 28Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists.Summarily.Level 3 on the standard scale.
Article 29(3)Contravention of regulations with respect to use of head-worn appliances on motor cycles.Summarily.Level 2 on the standard scale.
Article 29(4)Selling, etc., appliance not of prescribed type as approved for use on motor cycles.Summarily.Level 3 on the standard scale.
Article 30Prohibition of parking of heavy commercial vehicles on verges, etc.Summarily.Level 3 on the standard scale.
Article 32Leaving vehicles in dangerous positions.Summarily.Level 3 on the standard scale.Discretionary if committed in respect of a motor vehicle.Obligatory if committed in respect of a motor vehicle.3
Article 33Causing danger to road-users.(a) Summarily.(a) 6 months or the statutory maximum or both.
(b) On indictment.(b) 7 years or a fine or both.
Article 34Carrying passenger on motor bicycle contrary to Article 34.Summarily.Level 3 on the standard scale.Discretionary.Obligatory.3
Article 35Carrying passenger on a bicycle contrary to Article 35.Summarily.Level 1 on the standard scale.
Article 36Tampering with motor vehicles.Summarily.Level 3 on the standard scale.
Article 37Holding or getting on to vehicle, etc., in order to be towed or carried.Summarily.Level 1 on the standard scale.
Article 38Pedestrian endangering own safety or other's safety.Summarily.Level 3 on the standard scale.
Article 39Passing incorrectly with led horse.Summarily.Level 2 on the standard scale.
Article 40Drunkenness, etc., in charge of horse-drawn vehicle.Summarily.Level 3 on the standard scale.
Article 41Careless, and inconsiderate, driving of horse-drawn vehicle.Summarily.Level 3 on the standard scale.
Article 42Dangerous cycling.Summarily.Level 4 on the standard scale.
Article 43Careless, and inconsiderate, cycling.Summarily.Level 3 on the standard scale.
Article 44Cycling when unfit through drink or drugs.Summarily.Level 3 on the standard scale.
Article 45(1)Unauthorised or irregular cycle racing or trials of speed on public roads.Summarily.Level 1 on the standard scale.
Article 45(6)Contravention of direction of Chief Constable.Summarily.Level 1 on the standard scale.
Article 46Contravening prohibition on persons under 14 driving electrically assisted pedal cycles.Summarily.Level 2 on the standard scale.
Article 47Unauthorised motor vehicle trial on public paths, etc.Summarily.Level 3 on the standard scale.
Article 48Driving mechanically propelled vehicles elsewhere than on roads.Summarily.Level 3 on the standard scale.
Article 49[F9Contravention of directions]Summarily.Level 3 on the standard scale.Discretionary if committed in respect of a motor vehicleF9. . . Obligatory if committed as described in column 5.3
[F9Article 50][F9Contravention of traffic signs.][F9Summarily.][F9Level 3 on the standard scale.]

[F9Discretionary if committed in respect of a motor vehicle by failure to comply with an indication given by a sign specified for the purposes of this entry in regulations under Article 50(5) of the Order of 1995.]

[F9Obligatory if committed as described in column 5.][F93]
Article 54Using vehicle in dangerous condition, etc.Summarily.(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers. [F36(a) Obligatory if committed within 3 years of a previous conviction of the offender under Article 54.]Obligatory.3
(b) Level 4 on the standard scale in any other case. [F36(b) Discretionary in any other case.]
Article 56Breach of requirement as to brakes, steering-gear or tyres.Summarily.(a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers.Discretionary.Obligatory.3
(b) Level 4 on the standard scale in any other case.
[F37Article 56A] [F37Breach of requirements as to control of vehicle, mobile telephones etc.] [F37Summarily.]

[F37(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.]

[F37Discretionary.] [F37Obligatory.] [F373]
Article 57Breach of requirement as to weight: goods and passenger vehicles.Summarily.Level 5 on the standard scale.
Article 58Breach of other construction and use requirements.Summarily.(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.
Article 63Using, etc., vehicle without required test certificate being in force.Summarily.(a) Level 4 on the standard scale in the case of a vehicle adapted to carry more than 8 passengers.
(b) Level 3 on the standard scale in any other case.
Regulations under Article 65 made by virtue of Article 67(2)Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed.Summarily.Level 3 on the standard scale.
[F38Article 63A] [F38Using etc., vehicle without displaying required test certificate.] [F38Summarily.] [F38Level 1 on the standard scale.]
Article 69(1)Using, etc., goods vehicle without required plating certificate being in force.Summarily.Level 3 on the standard scale.
Article 69(2)Using, etc., goods vehicle without required goods vehicle test certificate being in force.Summarily.Level 4 on the standard scale.
Article 69(3)Using, etc., goods vehicle where Department is required by regulations under Article 65 to be notified of an alteration to the vehicle or its equipment but has not been notified.Summarily.Level 3 on the standard scale.
Article 70Using goods vehicle with unauthorised weights as well as authorised weights marked on it.Summarily.Level 3 on the standard scale.
Article 71Driver of goods vehicle allowing unauthorised passengers to be carried in vehicle; unauthorised passengers being carried in goods vehicle.Summarily.Level 3 on the standard scale.
Article 75Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Article 75.Summarily.Level 3 on the standard scale.
Article 76Obstructing inspection, etc., of vehicle by examiner or failing to comply with requirement to take vehicle for inspection.Summarily.Level 3 on the standard scale.
Article 80Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or refusing, neglecting or otherwise failing to comply with direction to remove a vehicle found overloaded.Summarily.Level 5 on the standard scale.
Article 82Contravention of regulations requiting goods vehicle operator to inspect, and keep records of inspection of, goods vehicles.Summarily.Level 3 on the standard scale.
Article 83Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy.Summarily.Level 5 on the standard scale.
Article 84(1)Fitting of defective or unsuitable vehicle parts.Summarily.Level 5 on the standard scale.
Article 84(3)Supplying defective or unsuitable vehicle parts.Summarily.Level 4 on the standard scale.
Article 84(8)Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc.Summarily.Level 3 on the standard scale.
Article 85Obstructing examiner testing condition of used vehicles at sale rooms, etc.Summarily.Level 3 on the standard scale.
Article 86Failing to comply with requirement about weighing motor vehicle or obstructing authorised person.Summarily.Level 5 on the standard scale.
Article 88Selling, etc., cycle in contravention of regulations as to brakes, bells, etc.Summarily.Level 3 on the standard scale.
Article 90Selling, etc., wrongly made tail lamps or reflectors.Summarily.Level 5 on the standard scale.
Schedule 1 paragraph 4Applying warranty to equipment, protective helmet, appliance or information in defending proceedings under Article 26, 28 or 29(4) where no warranty given, or applying false warranty.Summarily.Level 3 on the standard scale.

F26Words in Sch. 1 Pt. I relating to entry for "Article 12 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 7; S.R. 2007/302, art. 2, Sch.

F28Words in Sch. 1 Pt. I relating to entry for "Article 17 of the Order of 1995" substituted (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. 21(h); S.R. 2007/454, art. 2, Sch.

F30Words in Sch. 1 Pt. I relating to entry for "Article 23 of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007 for certain purposes, otherwise prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(a); S.R. 2007/302, art. 2, Sch.

F31Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(a)

F32Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(b); S.R. 2007/302, art. 2, Sch.

F33Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 8; S.R. 2007/302, art. 2, Sch.

F34Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(c); S.R. 2007/302, art. 2, Sch.

F35Sch. 1 Pt. I entry for "Article 24A(4) of the Road Traffic (Northern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(b)

F36Words in Sch. 1 Pt. I relating to entry for "Article 54 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 9(2); S.R. 2007/302, art. 2, Sch.

F37Sch. 1 Pt. I entry for "Article 56A of the Order of 1995" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 6(3); S.R. 2007/302, art. 2, Sch.

Offences under this Order

(1)(2)(3)(4)(5)(6)(7)
Provision creating offenceGeneral nature of offenceMode of prosecutionPunishmentDisqualificationEndorsementPenalty points
Article 27Failing to give information as to date of birth or sex to court or to provide Department with evidence of date of birth, etc.Summarily.Level 3 on the standard scale.
Article 28Failing to produce licence and counterpart to court making order for interim disqualification.Summarily.Level 3 on the standard scale.
Article 29Failing to produce licence and counterpart to court for endorsement on conviction of offence involving obligatory or discretionary disqualification.Summarily.Level 3 on the standard scale.
Article 67(2)Removing fixed penalty notice fixed to vehicle.Summarily.Level 2 on the standard scale.
Article 72False statement in response to notice to owner.Summarily.Level 5 on the standard scale.

[F9Offences under the Road Traffic Regulation (Northern Ireland) Order 1997]

[F9(1)][F9(2)][F9(3)][F9(4)][F9(5)][F9(6)][F9(7)]
[F9Provision creating offence][F9General nature of offence][F9Mode of prosecution][F9Punishment][F9Disqualification][F9Endorsement][F9Penalty points]
[F9Article 3][F9Contravention of rule of road or overtaking incorrectly.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 4][F9Contravention of traffic regulation order.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 5][F9Contravention of experimental traffic control scheme.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 7][F9Contravention of temporary prohibition or restriction.][F9Summarily.][F9Level 3 on the standard scale.] [F39Discretionary if committed by contravening temporary speed restriction under Article 7(3)(b).] [F39Obligatory if committed as described in column (5).] [F393-6 if as described in column (5)]
[F9Article 8][F9Contravention of general traffic regulations.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 14(1)][F9Contravention of order as to use of parking place.][F9Summarily.][F9(a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles or in an off-street parking place reserved for such vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.]
[F9(b) Level 2 on the standard scale in any other case.]
[F9Article 14(2)][F9Misuse of apparatus for collecting charges or of parking device or connected apparatus.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 14(9)][F9Failure to give information as to identity of driver.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 19(1)][F9Certain contraventions of order relating to designated parking place by driver.][F9Summarily.][F9(a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.]
[F9(b) Level 2 on the standard scale in any other case.]
[F9Article 19(3)][F9Other contraventions of order relating to designated parking place by driver or person.][F9Summarily.][F9Level 2 on the standard scale.]
[F9Article 19(4)][F9Tampering with parking meter.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 22][F9Interference with parking devices or apparatus.][F9Summarily.][F9Level 2 on the standard scale.]
[F9Article 23][F9Mishandling or faking parking devices, etc.][F9(a) Summarily.][F9The statutory maximum.]
[F9(b) On indictment.][F92 years or a fine or both.]
[F9Article 24][F9Public service vehicle plying for hire in parking place.][F9Summarily.][F9Level 2 on the standard scale.]
[F40Article 27A][F40Contravention of taxi regulation order][F40Summarily][F40Level 3 on the standard scale]
[F9Article 30][F9Contravention relating to prescribed warning devices.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 31][F9Failure to provide signs or devices warning of road works.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 33][F9Interference with, or damage to, traffic signs.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 34(1)][F9Placing unauthorised traffic sign. etc.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 34(4)][F9Obstructing removal of traffic sign, etc.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 43][F9Contravening speed limit.][F9Summarily.][F9Level 3 on the standard scale.][F9Discretionary if committed by exceeding a speed limit.][F9Obligatory if committed as described in column 5.][F93-6 if as described in column 5.]
[F9Article 50][F9Obstructing removal of vehicle.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 56][F9Wrongful use of disabled person's badge.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 57][F9Failure to produce disabled person's badge.][F9Summarily.][F9Level 3 on the standard scale.]
[F9Article 59][F9Contravention of regulations relating to pedestrian crossings.][F9Summarily.][F9Level 3 on the standard scale.][F9Discretionary if committed in respect of a motor vehicle.][F9Obligatory if committed in respect of a motor vehicle.][F93]
[F9Article 60][F9Failure to stop at school crossing][F9Summarily.][F9Level 3 on the standard scale.][F9Discretionary if committed in respect of a motor vehicle.][F9Obligatory if committed in respect of a motor vehicle.][F93]
[F9Article 61(3)][F9Continuing contravention of order as to use of parking place.][F9Summarily.][F9One-tenth of the amount applicable for an offence under Article 14(1) for each day on which the contravention continues.]
[F9Article 66][F9Contravention of notice relating to use of vehicle on bridge.][F9Summarily.][F9Level 3 on the standard scale.]

F39Words in Sch. 1 Pt. I relating to entry for "Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 5(1); S.R. 2007/302, art. 2, Sch.

F40Sch. 1 Pt. I entry for "Article 27A of the Order of 1997" inserted (23.11.2009) by Taxis Act (Northern Ireland) 2008 (c. 4), ss. 21(4), 59; S.R. 2009/352, art. 2, Sch.

[F41Offences under Part V of the Road Traffic (Northern Ireland) Order 2007]

[F41 (1)] [F41 (2)] [F41 (3)] [F41 (4)] [F41 (5)] [F41 (6)] [F41 (7)]
[F41Provision creating offence] [F41General nature of offence] [F41Mode of prosecution] [F41Punishment] [F41Disqualification] [F41Endorsement] [F41Penalty points]
[F41Article 49(1) and (2) ] [F41Giving of paid driving instruction and carrying on of business in provision of driving instruction, by unregistered persons.] [F41Summarily] [F41Level 4 on the standard scale. ]
[F41Article 49(4) ] [F41Giving of paid instruction, and carrying on of business in provision of driving instruction, without prescribed requirements relating to displaying of evidence of registration under Part V of Order of 2007.] [F41Summarily] [F41Level 3 on the standard scale. ]
[F41Article 53(4) ] [F41Failure, on application for registration as disabled driving instructor, to notify Registrar of onset of, or deterioration in, relevant or prospective disability.] [F41Summarily] [F41Level 3 on the standard scale.]
[F41Article 67(3) ] [F41Failure by registered disabled driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability.] [F41Summarily] [F41Level 3 on the standard scale. ]
[F41Article 68] [F41Giving of paid driving instruction by disabled persons without emergency control certificate or in unauthorised motor vehicle. ] [F41Summarily] [F41Level 3 on the standard scale. ]
[F41Article 70] [F41Misuse of evidence of registration etc.] [F41Summarily] [F41Level 4 on the standard scale.]
[F41Article 71] [F41Failure of instructor to surrender to Registrar certificate etc. ] [F41Summarily] [F41Level 3 on the standard scale. ]
[F41Article 72] [F41Failing to produce certificate of registration etc. as driving instructor.] [F41Summarily] [F41Level 3 on the standard scale.]

F41Sch. 1 Pt. I entries for "Articles 49(1)(2)-72 for Offences under Pt. V of the Road Traffic (Northern Ireland) Order 2007" inserted (2.8.2010 for the entries relating to arts. 49(1) and (2), 49(4), 70, 71 and 72 otherwise prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 78, Sch. 6 (with art. 77); S.R. 2010/226, art. 2, Sch.

PART IIN.I.OTHER OFFENCES

(1)(2)(3)(4)
OffenceDisqualificationEndorsementPenalty points
Manslaughter by the driver of a motor vehicle.Obligatory.Obligatory.3-11
[F42An offence under section 35 of the Offences against the Person Act 1861 (furious driving).][F42Discretionary.][F42Obligatory if committed in respect of a mechanically propelled vehicle.][F423–9]
Stealing or attempting to steal a motor vehicle.Discretionary.
An offence or attempt to commit an offence in respect of a motor vehicle under section 12 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (taking conveyance without consent of owner etc. or, knowing it has been so taken, driving it or allowing oneself to be carried in it).Discretionary.
An offence under section 24 of the Theft Act (Northern Ireland) 1969 (going equipped for stealing, etc.) committed with reference to the theft or taking of motor vehicles.Discretionary
F43. . . F43. . . F43. . . F43. . .
An offence under Article 20 of the Roads (Northern Ireland) Order 1993 of using a special road in contravention of paragraph (1) or (2) of that Article or of regulations made under paragraph (3) of that Article.Discretionary if committed in respect of a motor vehicle otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest.Obligatory if committed as mentioned in column 2.3-6 if committed in respect of a speed restriction or 3 in any other case.

Article 73.

SCHEDULE 2N.I.STATUTORY STATEMENTS

PART IN.I.STATUTORY STATEMENT OF OWNERSHIP OR HIRING

1.—(1) or the purposes of Part IV of this Order, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—N.I.

(a)he was never the owner, or

(b)he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b), stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

(2) An official form for a statutory statement of ownership shall—

(a)indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

2.—(1) For the purposes of Part IV of this Order, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—N.I.

(a)whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

(b)if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

(2) An official form for a statutory statement of hiring shall—

(a)indicate that the person providing the statement in pursuance of a notice relating to an offence served under Article 68 by virtue of Article 71 may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

(3) In sub-paragraph (1) “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in Article 71.

PART IIN.I.STATUTORY STATEMENT OF FACTS

3.—(1) For the purposes of Part IV of this Order, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—N.I.

(a)states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

(b)states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

(2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

(3) An official form for a statutory statement of facts shall indicate—

(a)that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

(b)that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

(c)that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c), the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) until 2 months have elapsed from the end of the period so stated without service of a summons in respect of the offence on the person identified in that statement as the driver of the vehicle.

N.I.

Schedule 3—Amendments

N.I.

Schedule 4—Repeals

Yn ôl i’r brig

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