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Road Traffic (Northern Ireland) Order 1981
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Changes over time for: Section 78
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Changes to legislation:
Road Traffic (Northern Ireland) Order 1981, Section 78 is up to date with all changes known to be in force on or before 08 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 78:
- 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
- art. 78 words repealed by S.I. 2007/916 (N.I.) Sch. 5 para. 19 Sch. 8 Pt. 5
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- Sch. 7 para. 6 repealed by 2010 c. 2 (N.I.) Sch. 4 (The amendment could not be applied as the relevant affected text is not available on legislation.gov.)
- Sch. 7 para. 7 repealed by 2010 c. 2 (N.I.) Sch. 4 (The amendment could not be applied as the relevant affected text is not available on legislation.gov.)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- art. 13(1)(c)(ia) words repealed by S.I. 2007/916 (N.I.) Sch. 5 para. 4(a)(ii) Sch. 8 Pt. 5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
[F1[F2InterpretationN.I.
78 .F3 In [F4this Article, Articles 70 to 77 and Article 180A]—
[F5“conduct” means—
(a)
in relation to an applicant for or the holder of a large goods vehicle driver's licence or the holder of an LGV Community licence, his conduct as a driver of a motor vehicle, and
(b)
in relation to an applicant for or the holder of a passenger-carrying vehicle driver's licence or the holder of a PCV Community licence, his conduct both as a driver of a motor vehicle and in any other respect relevant to his holding a passenger-carrying vehicle driver's licence or (as the case may be) his authorisation by virtue of Article 15A(1) to drive in Northern Ireland a passenger-carrying vehicle of any class,
including, in either case, such conduct in Great Britain;]
“counterpart” in relation to a licence to drive under Part II[F5 or a Community licence] has the same meaning as in that Part;
“full licence” means a large goods vehicle or passenger-carrying vehicle driver's licence other than a provisional licence;
[F5“large goods vehicle” means a motor vehicle (not being a medium-sized goods vehicle within the meaning of Part II) [F6which is designed and constructed for the carriage of no more than 8 passengers in addition to the driver and] which is constructed or adapted to carry or to haul goods and the permissable maximum weight of which exceeds 7.5 tonnes;]
“passenger-carrying vehicle” means—
(a)
a large passenger-carrying vehicle, that is to say, a vehicle used for carrying passengers which is constructed or adapted to carry more than 16 passengers, or
(b)
a small passenger-carrying vehicle, that is to say, a vehicle used for carrying passengers for hire or reward which is constructed or adapted to carry more than 8 but not more than 16 passengers[F5 and includes a combination of such a motor vehicle and a trailer];
“notice” means notice in writing and notify shall be construed accordingly;
“provisional licence” means a licence granted by virtue of Article 13(2);
“the special provisions” has the meaning given in Article 70;
[F5and “permissible maximum weight” has the same meaning as in Part II.]]]
F2SR 1996/426
F3mod. by SR 1994/365
F4Words in art. 78 substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts.1(3)(4), 86(1), Sch. 7 para. 5; S.R. 2007/302, art. 2, Sch.
F5SR 1996/426
F6Words in art. 78 inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/170), regs. 1(1), 2(8)
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