Road Traffic (Northern Ireland) Order 1981

Appeals N.I.

Appeals relating to licences N.I.

16.—(1) A person who is aggrieved by the Department's—

(a) refusal to grant or revocation of a licence in pursuance of Article 9 or 10,

(b) determination under Article 15(1)(c) to grant a licence for three years or less, or

(c) revocation of a licence in pursuance of Article 15(5) [F1 , (5ZA)] [F2 or (5A)],

or by a notice served on him in pursuance of Article 9(5)[F3 15C or 19G] may, after giving to the Department notice of his intention to do so, appeal to a court of summary jurisdiction acting for the petty sessions district in which he resides.

(2) On any such appeal the court may make such order as it thinks fit and the order shall be binding on the Department.

(3) It is hereby declared that, without prejudice to Article 7, in any proceedings under this Article the court is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.

[F4 (4) In any proceedings under this Article about the revocation of a licence in pursuance of Article 15(5ZA) (revocation on grounds of immigration status), the court is not entitled to entertain any question as to whether—

(a) the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b) the appellant has, after the date that the Department served notice under Article 15(5ZA), been granted leave to enter or remain in the United Kingdom.]

F1 Word in art. 16(1)(c) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(4)(a), 75(3); S.I. 2014/1820, art. 2(e)

F2 2003 NI 16

F3 2003 NI 16

F4 Art. 16(4) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 47(4)(b), 75(3); S.I. 2014/1820, art. 2(e)