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The Road Traffic (New Drivers) (Northern Ireland) Order 1998

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Changes over time for: Section 4

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The Road Traffic (New Drivers) (Northern Ireland) Order 1998, Section 4 is up to date with all changes known to be in force on or before 09 June 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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Surrender of licencesN.I.

4.—(1) Paragraph (2) applies where—

(a)a person is the holder of a licence;

(b)he is convicted of an offence involving obligatory endorsement;

(c)the penalty points to be taken into account under Article 31 of the Offenders Order on that occasion number 6 or more;

(d)the court makes an order falling within Article 49(1)(b) of that Order in respect of the offence;

(e)the person's licence shows the date on which he became a qualified driver, or that date has been shown by other evidence in the proceedings; and

(f)it appears to the court, in the light of the order and the date so shown, that the offence was committed during the person's probationary period.

(2) Where this paragraph applies, the court shall send to the Department—

(a)a notice containing the particulars required to be endorsed on the counterpart of the person's licence in accordance with the order referred to in paragraph (1)(d); and

(b)on their production to the court, the person's licence and its counterpart.

(3) Paragraph (4) applies where—

(a)a person's licence and its counterpart have been sent to the fixed penalty clerk under Article 60(7) of the Offenders Order [F1, retained by a vehicle examiner under that Article] or delivered to the [F2appropriate person] in response to a conditional offer issued under Article 80 of that Order;

(b)the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;

(c)the [F3appropriate person] endorses the number of penalty points to be attributed to the offence on the counterpart of the licence;

(d)the penalty points to be taken into account by the [F3appropriate person] in respect of the offence number 6 or more;

(e)the licence shows the date on which the person became a qualified driver; and

(f)it appears to the [F3appropriate person], in the light of the particulars of the offence endorsed on the counterpart of the licence and the date so shown, that the offence was committed during the person's probationary period.

(4) Where this paragraph applies F4. . . —

(a)[F5the appropriate person] may not return the licence and its counterpart under Article 63(3) or (4) or 82(1) of the Offenders Order; but

(b)[F6unless the appropriate person is the Department, he] shall send them to the Department .

(5) For the purposes of paragraph (3)(d) the penalty points to be taken into account F7. . . in respect of the offence are the penalty points which would have been taken into account under Article 31 of the Offenders Order if—

(a)the person in question had been convicted of the offence; and

(b)the number of penalty points to be attributed to the offence on that occasion had been determined in accordance with Article 30(3) of that Order.

[F8(6) In this Article and Article 5 “licence” includes a Great Britain licence.]

[F9(7) In this Article and Article 5–

“the appropriate person”, in relation to a fixed penalty notice, means–

(a)

if it was given by a constable or an authorised person, the fixed penalty clerk; and

(b)

if it was given by a vehicle examiner or the Department, the Department; and

“the appropriate person”, in relation to a conditional offer, means–

(a)

where the conditional offer was issued under Article 80(1) of the Offenders Order, the fixed penalty clerk; and

(b)

where it was issued under paragraph (1A) of that Article, the Department.]

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