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Road Traffic (Northern Ireland) Order 1981
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Changes over time for: Section 81
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Changes to legislation:
Road Traffic (Northern Ireland) Order 1981, Section 81 is up to date with all changes known to be in force on or before 06 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 81:
- Instrument amended by 1994 c. 22 s. 63 Sch.3 para 17
- Instrument rev. in Pt. by 1994 c. 22 s. 65 Sch.5 Pt II
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order Blanket amendment by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(b)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 Pt. 1 words inserted by 2016 c. 11 (N.I.) s. 18(2)
- Sch. 7 para. 6 repealed by 2010 c. 2 (N.I.) Sch. 4 (The amendment could not be applied as the relevant affected text is not available on legislation.gov.)
- Sch. 7 para. 7 repealed by 2010 c. 2 (N.I.) Sch. 4 (The amendment could not be applied as the relevant affected text is not available on legislation.gov.)
- art. 5(2ZA)-(2ZD) inserted by 2016 c. 11 (N.I.) s. 16(2)(a)
- art. 5(4A) inserted by 2016 c. 11 (N.I.) s. 16(2)(b)
- art. 5A inserted by 2016 c. 11 (N.I.) s. 17(2)
- art. 13(1)(c)(ia) words repealed by S.I. 2007/916 (N.I.) Sch. 5 para. 4(a)(ii) Sch. 8 Pt. 5
- art. 13B-13C inserted by 2016 c. 11 (N.I.) s. 17(3)
- art. 15ZA inserted by 2016 c. 11 (N.I.) s. 18(1)(c)
- art. 19D(1ZA) (1ZB) inserted by 2016 c. 11 (N.I.) s. 17(4)(b)
- art. 19AB 19AC substituted for art. 19A 19B by 2016 c. 11 (N.I.) s. 19(3)
- art. 31A(2A)-(2D) inserted (temp.) by S.I. 2019/648 reg. 5(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 5 omitted immediately before IP completion day by virtue of S.I. 2020/1393, regs. 1(2), 2(4))
- art. 31A(2C) words inserted in earlier amending provision S.I. 2019/648, reg. 5(2)(a) by S.I. 2020/818 Sch. 6 para. 39(4)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/648, reg 5, which inserts art. 31A(2C) omitted (31.12.2020 immediately before IP completion day) by virtue of S.I. 2020/1393, regs. 1(2), 2(4))
- art. 31A(3A)(3B) inserted (temp.) by S.I. 2019/648 reg. 5(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 5 omitted immediately before IP completion day by virtue of S.I. 2020/1393, regs. 1(2), 2(4))
- art. 31A(3B) words inserted in earlier amending provision S.I. 2019/648, reg. 5(2)(b) by S.I. 2020/818 Sch. 6 para. 39(4)(b)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/648, reg 5, which inserts art. 31A(3B) omitted (31.12.2020 immediately before IP completion day) by virtue of S.I. 2020/1393, regs. 1(2), 2(4))
- art. 31A(3B) words inserted in earlier amending provision S.I. 2019/648, reg. 5(2)(b) by S.I. 2020/818 Sch. 6 para. 39(4)(b)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/648, reg 5, which inserts art. 31A(3B) omitted (31.12.2020 immediately before IP completion day) by virtue of S.I. 2020/1393, regs. 1(2), 2(4))
- art. 174(2A)(da) inserted by 2016 c. 11 (N.I.) s. 17(5)(a)(i)
- art. 174(2AB) inserted by 2016 c. 11 (N.I.) s. 17(5)(b)
- art. 177(1)(ba) inserted by 2016 c. 11 (N.I.) s. 19(4)(b)
- art. 177(1A) inserted by 2016 c. 11 (N.I.) s. 19(4)(c)
- art. 177(3)(4) inserted by 2016 c. 11 (N.I.) s. 19(4)(b)
- art.198 am. (prosp.) by 1997 c. 16 s.18 Sch.3 paras.8(2) 9
- art.198 am. (prosp.) by 1997 c. 16 s.18 Sch.3 paras.8(2) 9
Offences against applicable Community rulesN.I.
81.—[F1(1) Where, in the case of a driver of a motor vehicle, there is a contravention of any requirement of the applicable Community rules as to periods of driving, or distance driven, or periods on or off duty, then the offender, the offender's employer and any other person to whose orders the offender was subject shall be guilty of an offence under this Order.]
[F2(1A) A person shall not be liable to be convicted under paragraph (1) if being charged as the offender's employer, or a person to whose orders the offender was subject, [F3the person proves—
(a)in respect of a contravention of a provision of the Community Drivers’ Hours Regulation—
(i)that at the time of the contravention the person was complying with Article 10(1) (distance related payments etc.) and Article 10(2) (organisation of drivers’ work etc.) of the Community Drivers’ Hours Regulation; and
(ii)that the person took all reasonable steps to avoid the contravention; or
(b)in respect of a contravention of a provision of the AETR—
(i)that at the time of the contravention the person was complying with Article 11(1) to (3) of the AETR (organisation of drivers’ work, distance-related payments etc); and
(ii)that the person took all reasonable precautions to avoid the contravention.]
(1B) A person who—
(a)is subject to the requirement imposed by Article 10(4) of the Community Drivers' Hours Regulation [F4or Article 11(5) of the AETR] (undertakings etc. to ensure that contractually agreed transport time schedules respect [F5that provision] ); and
(b)fails to take all reasonable steps to comply with that requirement,
shall be guilty of an offence under this Order.]
[F6(1C) If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers' Hours Regulation, he shall be guilty of an offence under this Order.]
(2) Any person who contravenes any requirement as to books, records or documents of the applicable Community rules shall be guilty of an offence under this Order.
(3) Any person who makes or causes to be made any entry in a book, record or document kept for the purposes of the applicable Community rules which he knows to be false or, with intent to deceive, alters or causes to be altered any such entry shall be guilty of an offence under this Order.
F1Art. 81(1) substituted (23.4.2009) by Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/91), reg. 6(3)(a)
F2Art. 81(1A)(1B) inserted (23.4.2009) by Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/91), reg. 6(3)(b)
F3Words in art. 81(1A) substituted (11.3.2019) by The Drivers Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/12), regs. 1(2), 4(2)
F4Words in art. 81(1B)(a) inserted (11.3.2019) by The Drivers Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/12), regs. 1(2), 4(3)(a)
F5Words in art. 81(1B)(a) substituted (11.3.2019) by The Drivers Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/12), regs. 1(2), 4(3)(b)
F6Art. 81(1C) inserted (30.4.2010) by Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations (Northern Ireland) 2010 (S.R. 2010/23), reg. 8(3)
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