Road Traffic (Northern Ireland) Order 1981

[F1 [F2 Community licences: disqualification etc. N.I.

74A.— (1) Where a notice is served on a Community licence holder in pursuance of Article 73A(1)(a), the Department must, in accordance with the regulations made in pursuance of Article 73(3), order that person to be disqualified indefinitely or for the period determined in accordance with the regulations.

(2) Where a notice is served on a Community licence holder in pursuance of Article 73A(1)(b), the Department may—

(a) order that person to be disqualified indefinitely or for such period as the Department thinks fit,

(b) if it appears to the Department that, owing to the conduct of the Community licence holder, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences under Part II until he passes the prescribed test of competence to drive large goods vehicles or passenger-carrying vehicles of any class, order him to be disqualified for holding or obtaining a full licence until he passes such a test, or

(c) on receipt of the Community licence and its counterpart (if any), grant to the Community licence holder, free of charge, a large goods vehicle or passenger-carrying vehicle driver's licence which shall take effect from such date as the Department may determine.

[F3 (3) Where in pursuance of paragraph (1) or (2), the Department orders a Community licence holder to be disqualified the Department must, on receipt of the Community licence and its counterpart (if any), grant to the Community licence holder, free of charge, a licence authorising the driving of the classes of vehicle which are unaffected by the disqualification.

(3A) The Department may require a person to provide—

(a) evidence of his name, address, sex and date and place of birth; and

(b) a photograph which is a current likeness of him,

before granting a licence to him under paragraph (3).]

(4) If, while the holder of an LGV Community licence or a PCV Community licence is disqualified under paragraph (1), the circumstances prescribed for the purposes of Article 73A(1)(a) cease to exist in his case, the Department must, on an application made to it for the purpose remove the disqualification.

(5) Where the holder of an LGV Community licence or a PCV Community licence is disqualified under paragraph (2)(a), the Department may, in such circumstances as may be prescribed, remove the disqualification.

(6) In this Article “disqualified”

(a) in a case where notice is served in pursuance of Article 73A(1) on a Community licence holder on the ground of his conduct as a driver, means disqualified for holding or obtaining a licence under Part II to drive large goods vehicles of the prescribed classes and passenger‐carrying vehicles of the prescribed classes; and

(b) in a case where notice is served in pursuance of Article 73A(1) on a holder of a PCV Community licence on the ground of his conduct otherwise than as a driver, means disqualified for holding or obtaining a licence under Part II to drive passenger-carrying vehicles of the prescribed classes.]]

F1 1991 NI 3

F2 SR 1996/426

F3 SR 2002/374