- Latest available (Revised)
- Original (As made)
The Road Traffic (Northern Ireland) Order 1995
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: Section 17D
Alternative versions:
Changes to legislation:
The Road Traffic (Northern Ireland) Order 1995, Section 17D is up to date with all changes known to be in force on or before 18 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 the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para.26
- Act amended by 1996 c. 25 s.79 Sch.4 para.26
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 13A inserted by 2016 c. 11 (N.I.) s. 2(3)
- art. 17(8)(b)(v) and word added by 2008 c. 4 (N.I.) Sch. 2 para. 7(b)
- art. 17D(1B) inserted by 2016 c. 11 (N.I.) s. 5(2)(a)
- art. 17D(2)(aa) substituted for word by 2016 c. 11 (N.I.) s. 5(2)(b)
- art. 17D(2A)(a) substituted for words by 2016 c. 11 (N.I.) s. 5(2)(c)(i)
- art. 17D(2A)(b) inserted by 2016 c. 11 (N.I.) s. 5(2)(c)(ii)
- art. 55(2)(m) inserted by S.I. 2008/1216 (N.I.) art. 54(1)
- art. 110(3A) inserted by 2016 c. 11 (N.I.) s. 22(b)
[F1ArrestN.I.
17D.—(1) A constable may arrest a person without warrant if as a result of a preliminary breath test [F2or check-point breath test] the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit.
[F3(1A) The fact that specimens of breath have been provided under Article 18 by the person concerned does not prevent paragraph (1) having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.]
(2) A constable may arrest a person without warrant if–
(a)the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under Article 17 [F4or a check-point breath test under Article 17CA] , and
(b)the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.
[F5(2A) A person arrested under this Article may, instead of being taken to a police station, be detained at or near the place where the preliminary test [F6or check-point breath test] was, or would have been, administered, with a view to imposing on him there a requirement under Article 18.]
(3) A person may not be arrested under this Article while at a hospital as a patient.]
F1Arts. 17 - 17E substituted (15.11.2007) for art. 17 by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 14; S.R. 2007/454, art. 2, Sch.
F2Words in art. 17D(1) inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 4(3)(a), 26(1); S.R. 2016/399, art. 2, Sch.
F3Art. 17D(1A) inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 59(2); S.R. 2008/293, art. 2, Sch.
F4Words in art. 17D(2)(a) inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 4(3)(b), 26(1); S.R. 2016/399, art. 2, Sch.
F5Art. 17D(2A) inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 59(3); S.R. 2008/293, art. 2, Sch.
F6Words in art. 17D(2A) inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 4(3)(c), 26(1); S.R. 2016/399, art. 2, Sch.
Options/Help
Print Options
PrintThe Whole Order
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.