PART XIIIGENERAL PROVISIONS AS TO OFFENCES, ENFORCEMENT, EVIDENCE AND PROCEEDINGS

Enforcement powers and powers of arrest

Enforcement powers of constable180

1

A constable in uniform may require any person driving aF1 mechanically propelled vehicle on a road or other public place or any person riding a cycle on a road or other public place to stop, and any person who fails to stop when he is so required shall be guilty of an offence under this Order.

2 F2

F3A constable may require the production for examination of the driving licence, provisional licence, certificate of insurance,F1 test certificate or goods vehicle test certificateF9 of any person—

a

who is driving a motor vehicle on a road; or

b

whom he reasonably suspects to have been involved in an accident on a roadF10 or other public place; or

c

whom he reasonably suspects to have committed an offence underF1 the Road Traffic Orders.

3 F2

F3If any condition of a provisional licence requires the holder of that provisional licence while driving or learning to drive a motor vehicle to be under the supervision of or to be accompanied by the holder of a driving licence a constable may at any time require the holder of the driving licence to produce his driving licence for examination.

F43A

A person required by a constable under paragraph (2) or (3) to produce his licence must in prescribed circumstances, on being required to do so by the constable, state his date of birth.

3B

Where a person has been required underF5 Article 37A of the Child Support (Northern Ireland) Order 1991 or Article 28 or 29 of the Offenders Order to produce a licence and its counterpart to the court and fails to do so, a constable may require him to produce them and, upon their being produced, may seize them and deliver them to the court.

4 F2

F3If any person fails to produce his licence or certificate of insurance orF1 test certificate or goods vehicle test certificateF9 immediately when asked for it or, alternatively, to bring it in person withinF4 7 days after the production of his licence or certificate of insurance orF1 test certificate or goods vehicle test certificateF9 was so required to such police station as the person so failing shall have specified at the time its production was required, he shall be guilty of an offence under this Order.

F4F94AA

Paragraph (4) does not apply where a person required on any occasion under the preceding provisions of this Article to produce his licence and its counterpart—

a

produces on that occasion a current receipt for the licence and its counterpart issued under Article 62 of the Offenders Order and, if required to do so, produces the licence and its counterpart in person immediately on their return at a police station that was specified on that occasion, or

b

within 7 days after that occasion produces such a receipt in person at a police station that was specified by him on that occasion and, if required to do so, produces the licence and its counterpart in person immediately on their return at that police station.

4AB

Where in accordance with this Article a person has stated his date of birth to a constable, the Department may serve on that person a notice in writing requiring him to provide the Department—

a

with such evidence in that person's possession or obtainable by him as the Department may specify for the purpose of verifying that date; and

b

if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,

and a person who knowingly fails to comply with a notice under this paragraph is guilty of an offence.

  • Para. (5) rep. by 1991 NI 3

  • Para. (6) rep. by 1989 NI 12

7

Any person who obstructs any constable in the exercise of any powers conferred underF1 the Road Traffic Orders shall, without prejudice to any other provision of those Orders,F4 or who fails to state his date of birth when required under paragraph (3A) to do so be guilty of an offence under this Order.

F68

In this Article “licence” means a licence to drive under Part IIF7, a Great Britain licence or a Community licence or counterpart of any such licences, and “Community licence”, “counterpartF7 Great Britain licence, and “provisional licence”, have the same meanings as in Part II.

F89

In paragraphs (2) and (4)—

a

a reference to a test certificate includes a reference to a certificate of temporary exemption issued by virtue of paragraph (7A) of Article 63 of the Order of 1995; and

b

a reference to a goods vehicle test certificate includes a reference to a certificate of temporary exemption issued by virtue of paragraph (5) of Article 69 of that Order.