Road Traffic (Northern Ireland) Order 1981

PART XIII N.I. GENERAL PROVISIONS AS TO OFFENCES, ENFORCEMENT, EVIDENCE AND PROCEEDINGS

N.I.

Articles 139-140 rep. by 1996 NI 10

Article 141 rep. by 1991 NI 3

Articles 142-149 rep. by 1995 NI 18

Articles 150-152 rep. by 1996 NI 10

Articles 152A, 153 rep. by 1995 NI 18

Other offences involving want of due care and attention N.I.

Driving with uncorrected defective eyesight N.I.

154.—(1) If a person drives a motor vehicle on a road while his eyesight is such (whether through a defect which cannot be or one which is not for the time being sufficiently corrected) that he cannot comply with any requirement as to eyesight prescribed under Part II for the purposes of tests of competence to drive, he shall be guilty of an offence under this Order.

(2) A constable having reason to suspect that a person driving a motor vehicle may be guilty of an offence under paragraph (1) may require him to submit to a test for the purpose of ascertaining whether, using no means of correction other than he used at the time of driving, he can comply with the requirement as to eyesight prescribed under Part II for the purposes of tests of competence to drive; and if that person refuses to submit to the test he shall be guilty of an offence under this Order.

Articles 155-157 rep. by 1997 NI 2

Articles 158-162 rep. by 1995 NI 18

Article 163 rep. by 1983 NI 8

Articles 164, 165 rep. by 1995 NI 18

Other offences N.I.

Applying for or obtaining driving licence or provisional licence while disqualified N.I.

166.  F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Arts. 166-168 repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

Driving a motor vehicle, or causing or permitting a person to drive a motor vehicle, while disqualified N.I.

167.  F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Arts. 166-168 repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

[F3 Articles 54 and 57 of the Magistrates' Courts (Northern Ireland) Order 1981 not to apply to Articles 166 and 167 N.I.

168.   F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 1981 NI 26

F4 Arts. 166-168 repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

[F5 Applying for or obtaining a driving licence, or driving, while disqualified N.I.

168A.— (1) Subject to paragraphs (3) and (4), a person is guilty of an offence if, while disqualified for holding or obtaining a driving licence, he–

(a) applies for a licence, or

(b) obtains a licence, or

(c) drives a motor vehicle on a road.

(2) A licence obtained by a person who is disqualified is of no effect (or, where the disqualification relates only to vehicles of a particular class, is of no effect in relation to vehicles of that class).

(3) Paragraph (1)(a) and (b) do not apply in relation to disqualification by virtue of Article 17.

(4) Paragraph (1)(c) does not apply in relation to disqualification by virtue of Article 18.

(5) In the application of paragraph (1) to a person whose disqualification is limited to the driving of motor vehicles of a particular class by virtue of–

(a) Article 18, 74 or 74A, or

(b) paragraph (9) of Article 41 of the Offenders Order (disqualification until test is passed),

the references to disqualification for holding or obtaining a licence, applying for a licence and driving motor vehicles are references to disqualification for holding or obtaining a licence to drive, applying for a licence for and driving motor vehicles of that class.]

F3 1981 NI 26

F5 Art. 168A inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 37; S.R. 2007/454, art. 2, Sch.

Article 169 rep. by 1996 NI 10

Article 170 rep. by 1995 NI 18

Vehicle causing obstruction N.I.

• 171.  Para. (1) rep. by 1995 NI 18

• Paras. (2)-(6) rep. by 1997 NI 2

F3 1981 NI 26

Taking vehicle without owner's consent or other authority N.I.

172.— (1) Subject to paragraph (2), any person who, without having the consent of the owner or other lawful authority, takes or attempts to take, a motor vehicle, trailer orF6 . . . cycle for his own or another's use or, knowing that any motor vehicle, trailer orF6 . . . cycle has been taken without such authority, drives or attempts to drive it or allows himself to be carried in or on it shall be guilty of an offence under this Order.

(2) If on proceedings on indictment for an offence under this Article the jury is satisfied, or, on summary proceedings under this Article the court is satisfied, that the defendant acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked for it, the defendant shall not be liable to be convicted of the offence.

(3) On the trial of any indictment for the theft of a motor vehicle, trailer orF6 . . . cycle, the jury may acquit the defendant of theft and find him guilty of an offence under this Article.

(4) A court of summary jurisdiction dealing summarily with the offence of theft of a motor vehicle, trailer orF6 . . . cycle may acquit the defendant of that offence and find him guilty of an offence under this Article.

F3 1981 NI 26

F6 1995 NI 18

[F7 Aggravated vehicle-taking N.I.

172A.— (1) Subject to paragraph (3), a person is guilty of aggravated taking of a motor vehicle if—

(a) he commits an offence under Article 172(1) (in this Article referred to as a basic offence) in relation to a motor vehicle; and

(b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in sub-paragraphs (a) to (d) of paragraph (2).

(2) The circumstances referred to in paragraph (1)(b) are—

(a) that the vehicle was driven dangerously on a road or other public place;

(b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;

(c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;

(d) that damage was caused to the vehicle.

(3) A person is not guilty of an offence under this Article if he proves that, as regards any such proven driving, injury or damage as is referred to in paragraph (1)(b), either—

(a) the driving, accident or damage referred to in paragraph (2) occurred before he committed the basic offence; or

(b) he was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred.

(4) If a person who is charged with an offence under this Article is found not guilty of that offence but it is proved that he committed a basic offence, he may be convicted of the basic offence.

(5) For the purposes of this Article a vehicle is driven dangerously if—

(a) it is driven in a way which falls far below what would be expected of a competent and careful driver; and

(b) it would be obvious to a competent and careful driver that driving the vehicle in that way would be dangerous.

(6) For the purposes of this Article a vehicle is recovered when it is restored to its owner or to other lawful possession or custody.

F3 1981 NI 26

F7 2004 NI 15

Aggravated vehicle-taking causing death or grievous bodily injury N.I.

172B.— (1) A person is guilty of an offence under this Article if—

(a) he commits an offence under Article 172A(1) (in this Article referred to as a basic offence) in relation to a motor vehicle; and

(b) it is proved that, in circumstances falling within Article 172A(2)(b), the accident caused the death of, or grievous bodily injury to, the person concerned.

(2) If a person who is charged with an offence under this Article is found not guilty of that offence but it is proved that he committed a basic offence or an offence under Article 172A, he may be convicted of that offence.

F3 1981 NI 26

F7 2004 NI 15

Article 173 rep. by 1995 NI 18

False statements in connection with forgery of, and fraudulent use of, documents; issue of false insurance certificate and powers of seizure N.I.

174.— (1) A person shall be guilty of an offence under this Order who—

(a) in connection with an[F8 application for–

(i) any licence under the Road Traffic Orders;

(ii) a goods vehicle test certificate under the Road Traffic Orders;

(iii) an international road haulage permit;

(iv) the entry or retention of a name in the register of driving instructors maintained under Part V of the Order of 2007;

(v) a document evidencing the successful completion of training provided in accordance with regulations under Article 64 of the Order of 2007;

(vi) any certificate under Article 65 of the Order of 2007,]

knowingly makes a declaration which is false or is misleading in any material respect;

(b) being required by any provision of[F9 the Road Traffic Orders] or of any regulations made under[F9 the Road Traffic Orders] to furnish particulars in connection with any such application as aforesaid or otherwise in connection with any vehicle, knowingly furnishes particulars which are false or are misleading in any material respect;

(c) for the purpose of obtaining the issue of a certificate of insurance or a certificate of security under Article 92 or 93, knowingly makes a statement which is false, or withholds any material information;

(d) issues a certificate of insurance or certificate of security under Article 92 or 93 which he knows to be false in any material particular.

[F10 (e) knowingly produces false evidence for the purposes of regulations under Article 72 of the Order of 1995 or knowingly makes a false statement in a declaration required to be made by those regulations;

(f) intentionally makes a false entry in any record required to be made or kept by regulations under Article 82 of the Order of 1995, or with intent to deceive, makes use of any such entry which he knows to be false.]

[F11 (2) A person who, with intent to deceive–

(a) forges, alters or uses a document or other thing listed in paragraph (2A); or

(b) lends to, or allows to be used by, any other person a document or other thing listed in paragraph (2A); or

(c) makes or has in his possession any document or other thing so closely resembling a document or other thing listed in paragraph (2A) as to be calculated to deceive,

is guilty of an offence.

(2A) The documents or other things referred to in paragraph (2) are–

(a) any licence under the Road Traffic Orders or, in the case of a licence to drive, any counterpart of such a licence;

(b) any counterpart of a Great Britain licence or Community licence;

(c) any international road haulage permit;

(d) any document which, in pursuance of Article 5(3) of this Order, is issued as evidence of the result of a test of competence to drive;

(e) any certificate provided for by regulations under Article 13(3A) of this Order relating to the completion of a training course for motor cyclists;

(f) any certificate of conformity or Department's approval certificate within the meaning of Part IV of this Order;

(g) any certificate of insurance or certificate of security under Article 92 or 93 of this Order;

(h) any certificate required as a condition of any exception prescribed under Article 23 of the Order of 1995;

(i) any test certificate, goods vehicle test certificate, plating certificate or certificate of temporary exemption within the meaning of Part III of the Order of 1995;

(j) any seal required by regulations made under Article 55 of the Order of 1995 with respect to speed limiters;

(k) any plate containing particulars required to be marked on a vehicle by regulations made under Article 55 of the Order of 1995;

(l) any certificate evidencing the examination of a motor vehicle modified to be propelled using fuel stored under pressure under regulations made under Article 55 of the Order of 1995

(m) any document evidencing the appointment of an examiner under Article 74 of the Order of 1995;

(n) any notice removing a prohibition under Article 77 (power to prohibit driving of unfit vehicles) or Article 79 (power to prohibit driving of overloaded vehicles) of the Order of 1995;

(o) any records required to be kept by virtue of Article 82 of the Order of 1995;

(p) a certificate of the kind referred to in Article 32B(1) (reduced penalty points for attendance on course) or Article 37(1) (reduced disqualification period for attendance on course) of the Offenders Order;

(q) any document produced as evidence of the passing of an appropriate driving test within the meaning of Article 41 of the Offenders Order;

(r) any document evidencing the passing of an examination (or part of an examination) required by regulations under Article 62 or the successful completion of training provided in accordance with regulations under Article 64 of the Order of 2007;

(s) any certificate under Article 65 of the Order of 2007;

(t) any certificate or other item prescribed under Article 70(1)(a) of the Order of 2007;

(u) any document produced as evidence of insurance in pursuance of Regulation 6 of the European Communities (Motor Vehicles: Compulsory Insurance) (Northern Ireland) Regulations 1973.

(2B) In paragraph (2A), “Community licence”, “counterpart” and “Great Britain licence” have the same meanings as in Part II.]

(3) [F12 If–

(a) a constable or examiner appointed under Article 74 of the Order of 1995 has reasonable cause to believe that a document or other thing produced to him under this Order by the driver of a motor vehicle;

(b) a constable or examiner appointed under Article 74 of the Order of 1995 has reasonable cause to believe that any plate containing particulars required to be marked on a vehicle by regulations made under Article 55 of the Order of 1995;

(c) a constable or any person authorised in writing by the Department under Article 72 of the Order of 2007 has reasonable cause to believe that a certificate or other item produced to him under Article 72 of that Order by the driver of a motor vehicle,

is a document or other thing] in relation to which an offence has been committed under this Article, he may seize the document [F13 or other thing]; when the document [F13 or other thing] is seized under this Article the person from whom it was taken shall, unless the document [F13 or other thing] has been previously returned to him or he has been previously charged with an offence under this Article, be summoned before a magistrates' court to account for his possession of the document [F13 or other thing], and the court shall make such order respecting the disposal of the document [F13 or other thing] and award such costs as the justice of the case may require.

[F14 (3A) For the purposes of paragraph (3) the power to seize includes a power to detach from a vehicle.]

(4) Where in any proceedings under this Article any question arises as to the number of vehicles used, or as to the character, weight or horsepower of any vehicle, or as to the number of persons seated by a vehicle, or as to the purpose for which any vehicle has been used, the burden of proof in respect of the matter in question shall lie on the accused person.

(5) In this Article “certificate of insurance” and “certificate of security” include any document issued under regulations made by the Department under Article 103 which prescribe the evidence which may be produced in lieu of a certificate of insurance or a certificate of security.

(6) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 1981 NI 26

F7 2004 NI 15

F8 Words in art. 174(1)(a) substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 29(2); S.R. 2007/454, art. 2, Sch.

F9 1995 NI 18

F10 Art. 174(1)(e)(f) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 29(3); S.R. 2007/454, art. 2, Sch.

F11 Art. 174(2)(2A)(2B) substituted (15.11.2007) for art. 174(2) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 29(4); S.R. 2007/454, art. 2, Sch.

F12 Words in art. 174(3) substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 29(5)(a); S.R. 2007/454, art. 2, Sch.

F13 Words in art. 174(3) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 29(5)(b); S.R. 2007/454, art. 2, Sch.

F14 Art. 174(3A) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 29(6); S.R. 2007/454, art. 2, Sch.

F15 Art. 174(6) repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

Article 174A rep. by 1997 NI 2

Article 174B rep. by 1996 NI 10]]

Duties on occurrence of accidents and identification of persons N.I.

Duties on occurrence of an accident caused by presence of a[F16 mechanically propelled vehicle] N.I.

175.—(1) If in any case, owing to the presence on a road or other public place of a [F16 mechanically propelled vehicle], an accident occurs whereby—

(a) injury is caused to any person other than the driver of that vehicle; or

(b) injury is caused to any animal other than an animal in or on that vehicle or owned by the driver of that vehicle; or

(c) damage is caused to any property other than that vehicle or property in or on that vehicle or property of the driver or owner of that vehicle,

the following provisions of this paragraph shall have effect—

(i) the driver of the vehicle shall, if the vehicle is not stationary after the occurrence of the accident, stop the vehicle,

(ii) the driver of the vehicle shall keep the vehicle stationary at or near the place where the accident occurred for such period as is reasonable in all the circumstances having regard to the provisions of sub-paragraph (iii),

(iii) the driver of the vehicle shall give to any constable on demand and to any other person who on reasonable grounds requires him to do so, his name and address, the name and address of the owner of the vehicle and the identification mark or number of the vehicle,

(iv) the driver of the vehicle shall if for any reason he does not give the particulars mentioned in sub-paragraph (iii) or (whether or not those particulars are given) the accident has directly or indirectly resulted in injury to any other person, forthwith report the accident and give those particulars[F16 and, where the vehicle is a motor vehicle, produce] his certificate (within the meaning of Article 97(4)) at a police station or to a member of the Royal Ulster Constabulary so, however, that it shall be a good defence to any person charged under paragraph (2) with a contravention of the provisions of this sub-paragraph to prove that he had good cause for such contravention and that he reported the accident and gave the particulars at a police station or to a member of the Royal Ulster Constabulary as soon as was reasonably practicable after the occurrence of the accident.

(2) Every person who knowingly contravenes any of the provisions of paragraph (1) shall be guilty of an offence under this Order.

Paras. (3)(4) rep. by 1996 NI 10

(5) Where an accident occurs owing to the presence on a road or other public place of a[F16 mechanically propelled vehicle] and that vehicle was being driven or, when last driven before the accident had been driven, by some person other than the owner of the vehicle, the owner shall give to any constable on demand all such information in his possession or procurement as may assist the constable in obtaining the name and address of the driver of the vehicle at the time of the accident or of the last driver of the vehicle prior to the accident and any person who acts in contravention of this paragraph shall be guilty of an offence under this Order.

(6) In this Article and Article 176—

“animal” means any horse, cattle, ass, mule, hinny, sheep, pig, goat or dog;

“injury” in relation to a person means personal injury and in relation to a person or animal includes injury resulting in death.

F16 1995 NI 18

Duties on occurrence of other accidents N.I.

176.—(1) If in any case, owing to the presence on a road or other public place of a vehicle, not being a [F17 mechanically propelled vehicle], or an animal, an accident occurs whereby—

(a) injury is caused to any person other than a person driving, riding or in charge of that vehicle or animal, as the case may be; or

(b) injury is caused to any animal other than the first-mentioned animal or an animal owned by, or at the time of the occurrence of the accident in the charge of, the person driving, riding or in charge of the vehicle or first-mentioned animal, as the case may be; or

(c) damage is caused to any property other than property owned by, or at the time of the occurrence of the accident in the charge of, the person driving, riding or in charge of the vehicle or first-mentioned animal, as the case may be,

the person driving, riding or in charge of the vehicle or first-mentioned animal shall stop and shall give to any constable on demand and to any other person who on reasonable grounds requires him to do so, his name and address and, where he is not the owner of the vehicle or first-mentioned animal, the name and address of the owner and, if for any reason he does not give those particulars or (whether or not those particulars are given) the accident has directly or indirectly resulted in injury to any other person, forthwith report the accident and give those particulars at a police station or to a member of the Royal Ulster Constabulary.

(2) Subject to paragraph (3), every person who knowingly contravenes any of the provisions of paragraph (1) shall be guilty of an offence under this Order.

(3) It shall be a good defence to any person charged under paragraph (2) with a contravention of the provisions of paragraph (1) requiring him forthwith to report the accident and give the said particulars to prove that he had good cause for the contravention and that he reported the accident and gave the particulars at a police station or to a member of the Royal Ulster Constabulary as soon as was reasonably practicable after the occurrence of the accident.

F17 1995 NI 18

Identification of drivers or owners of, and passengers in, vehicles N.I.

177.— [F18 (1)] Where the driver of a vehicle is alleged to be guilty of an offence[F18 to which this Article applies]

(a) the driver of the vehicle shall on demand give to a constable his correct name and address and where the driver is not the owner of the vehicle, that of the owner and any other information concerning the vehicle (including the names and addresses of any passengers carried in or on the vehicle at the time of the alleged offence) which it is in his power to give and, if he fails to do so, he shall be guilty of an offence under this Order;

(b) the owner of the vehicle shall give such information as he may be required by a constable to give as to the identity of the driver, and, if he fails to do so, he shall be guilty of an offence under this Order, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver was; and

(c) any other person shall, if required as aforesaid, give any information which it is in his power to give and which may lead to the identification of the driver or owner of the vehicle, and, if he fails to do so, he shall be guilty of an offence under this Order.

[F18 (2) This Article applies to—

(a) an offence under any provision of the Road Traffic Orders,

(b) an offence under Article 27, 28 or 29 of the Offenders Order,

(c) an offence under any other enactment relating to the use of vehicles on roads,F19 . . .

(d) an offence of manslaughter committed by the driver of a motor vehicle[F19 and]

[F19 (e) an offence under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978.]]

F18 1996 NI 10

F19 1997 NI 2

Modifications etc. (not altering text)

C1 Art. 177 extended by 2003 c. 6, Sch. 2A para. 3(a) (as inserted (prosp.) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2)(d), 7(8), Sch. 5)

Identification of pedal cyclists N.I.

178.  A constable may require anyF20 . . . cyclist who appears to him to have committed an offence under[F20 Article 42, 43 or 44 of the Order of 1995] to give his correct name and address, and if that person fails to do so he shall be guilty of an offence under this Order.

F20 1995 NI 18

Modifications etc. (not altering text)

C2 Art. 178 extended by 2003 c. 6, Sch. 2A para. 3(b) (as inserted (prosp.) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2)(d), 7(8), Sch. 5)

Identification of pedestrians N.I.

179.—(1)  If a constable has reasonable cause to believe that any pedestrian has committed any offence under [F21 the Road Traffic Orders] or any regulations made under[F21 the Road Traffic Orders], he may require him to give his name and address.

(2) Any person who fails to give his name and address as required by paragraph (1) shall be guilty of an offence under this Order.

F21 1995 NI 18

Modifications etc. (not altering text)

C3 Art. 179 extended by 2003 c. 6, Sch. 2A para. 3(c) (as inserted (prosp.) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2)(d), 7(8), Sch. 5)

Enforcement powers and powers of arrest N.I.

Enforcement powers of constable N.I.

180.—(1) A constable in uniform may require any person driving a [F22 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.

[F23 (1A) A constable in uniform may arrest a person without warrant if he has reasonable cause to believe that the person has committed an offence under paragraph (1).]

(2 )F24  F25 A constable may require the production for examination of the driving licence, provisional licence, certificate of insurance [F26 or certificate of security],[F22 test certificate or goods vehicle test certificate] 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 road F27 . . . ; or

[F28 (ba) in the case of a certificate of insurance or certificate of security, test certificate or goods vehicle test certificate, whom he reasonably suspects to have been involved in an accident in a public place; or]

(c) whom he reasonably suspects to have committed an offence under[F22 the Road Traffic Orders].

(3 )F24  F25 If 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.

[F29 (3A) 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 under[F30 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.]

[F31 (3C) If–

(a) a person is required to deliver his licence and its counterpart to the Department under section 64 of the Crime (International Co-operation) Act 2003 (c. 32) or the Department has–

(i) revoked a licence under Article 9, 10 or 15, or

(ii) revoked or suspended a large goods vehicle driver's licence or a passenger-carrying vehicle driver's licence under Article 73, or

(iii) served notice requiring the delivery of a licence to it in pursuance of Article 15C, 19G or 73A, and

(b) the holder of the licence fails to deliver it and its counterpart to the Department in pursuance of Article 9, 10, 15, 15C, 19G, 73A or 75 or section 64 of the Crime (International Co-operation) Act 2003 (as the case may be),

a constable may require him to produce the licence and its counterpart, and upon their being produced may seize them and deliver them to the Department.]

(4 )F24  F25 If any person fails to produce his licence or certificate of insurance [F32 or certificate of security] or[F22 test certificate or goods vehicle test certificate] immediately when asked for it or, alternatively, to bring it in person within[F29 7 days] after the production of his licence or certificate of insurance [F32 or certificate of security] or[F22 test certificate or goods vehicle test certificate] 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.

[F29 (4AA) 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 under[F22 the Road Traffic Orders shall, without prejudice to any other provision of those Orders,][F29 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.

[F33 (8) In this Article “licence” means a licence to drive under Part II[F34 , a Great Britain licence] or a Community licence or counterpart of any such licences, and “Community licence”, “counterpart”[F34 Great Britain licence], and “provisional licence”, have the same meanings as in Part II.]

[F35 (9) In this Article “certificate of insurance” and “certificate of security” include any document issued under regulations made by the Department under Article 103 which prescribe the evidence which may be produced in lieu of a certificate of insurance or a certificate of security.]

[F36 (9) 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.]

F22 1995 NI 18

F23 Art. 180(1A) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 18(1); S.R. 2007/454, art. 2, Sch.

F24 mod. by SR 1989/238

F25 mod. by SR 1994/365

F26 Words in art. 180(2) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 19(2)(a); S.R. 2007/454, art. 2, Sch.

F27 Words in art. 180(2)(b) repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 19(2)(b), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.

F28 Art. 180(2)(ba) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 19(2)(c); S.R. 2007/454, art. 2, Sch.

F29 1996 NI 10

F30 2000 c. 4(NI)

F31 Art. 180(3C) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 20; S.R. 2007/454, art. 2, Sch.

F32 Words in art. 180(4) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 19(3); S.R. 2007/454, art. 2, Sch.

F33 SR 1996/426

F34 2003 NI 16

F35 Art. 180(9) inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 19(4); S.R. 2007/454, art. 2, Sch.

F36 2004 NI 14

Modifications etc. (not altering text)

C4 Art. 180(1) extended by 2003 c. 6, Sch. 2A para. 12 (as inserted (prosp.) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2)(d), 7(8), Sch. 5)

C5 Art. 180(3B) applied (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 91(6); S.R. 2008/293, art. 2, Sch.

C6 Art. 180(4) applied (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 91(6); S.R. 2008/293, art. 2, Sch.

C7 Art. 180(4AA) applied (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 91(6); S.R. 2008/293, art. 2, Sch.

[F37 [F38 Powers of vehicle examiners N.I.

180A.   An examiner appointed under Article 74 of the Order of 1995 may, on production if required of his authority, exercise all such powers as are exercisable by a constable under–

(a) Article 177(1)(a) and (c); and

(b) Article 180.]]

F37 1995 NI 18

F38 Art. 180A substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 17(1); S.R. 2007/302, art. 2, Sch.

[F39 Power to seize vehicles driven without insurance N.I.

180B.— (1) Paragraph (4) applies if any of the following conditions is satisfied.

(2) The first condition is that–

(a) a constable in uniform requires, under Article 180(2), a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Article 90;

(b) the person fails to produce such evidence; and

(c) the constable has reasonable grounds for believing that the vehicle is or was being so driven.

(3) The second condition is that–

(a) a constable in uniform requires, under Article 180(1), a person driving a motor vehicle to stop the vehicle;

(b) the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate; and

(c) the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of Article 90.

(4) Where this paragraph applies, the constable may–

(a) seize the vehicle in accordance with paragraphs (5) and (6) and remove it;

(b) enter, for the purpose of exercising a power falling with sub-paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;

(c) use reasonable force, if necessary, in the exercise of any power conferred by sub-paragraph (a) or (b).

(5) Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of Article 90 that he will seize it if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that Article.

But the constable is not required to give him such a warning if the circumstances make it impracticable for him to do so.

(6) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.

(7) The powers conferred on a constable by this Article are exercisable only at a time when regulations under Article 180C are in operation.

(8) In this Article–

(a) a reference to a motor vehicle does not include an invalid carriage;

(b) a reference to evidence that a motor vehicle is not or was not being driven in contravention of Article 90 is a reference to a document or other evidence within Article 103(1)(b);

(c) “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

F39 Arts. 180B, 180C inserted (9.6.2008) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 21 (as amended by S.R. 2008/244, art. 3); S.R. 2008/244, art. 2

Retention etc. of vehicles seized under Article 180B N.I.

180C.— (1) The Secretary of State may by regulations make provision as to–

(a) the removal and retention of motor vehicles seized under Article 180B; and

(b) the release or disposal of such motor vehicles.

(2) Regulations under paragraph (1) may, in particular, make provision–

(a) for the giving of notice of seizure of a motor vehicle under Article 180B to a person who is the registered keeper, the owner or the driver of that vehicle;

(b) for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under Article 180B may seek to have it released;

(c) for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;

(d) as to the circumstances in which a motor vehicle seized under Article 180B may be disposed of;

(e) as to the destination–

(i) of any fees, charges or costs payable in accordance with the regulations;

(ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under Article 180B.

(3) Regulations under paragraph (1) must provide that a person who would otherwise be liable to pay any fee, charge or cost under the regulations is not liable to pay it if–

(a) he was not driving the motor vehicle at the time in question, and

(b) he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.

(4) Regulations under this Article shall be subject to [F40 negative resolution].

(5) In this Article registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.]

F39 Arts. 180B, 180C inserted (9.6.2008) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 21 (as amended by S.R. 2008/244, art. 3); S.R. 2008/244, art. 2

F40 Words in art. 180C(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(3), Sch. 2 para. 8(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Modifications etc. (not altering text)

C8 Art. 180C: functions of Secretary of State transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Power to arrest persons resident outside United Kingdom N.I.

181.—(1) A person who, being resident outside the United Kingdom, commits in Northern Ireland an offence to which this Article applies may be arrested without warrant by a constable and detained until he enters into a recognizance under the [F41 Magistrates' Courts (Northern Ireland) Order 1981] to appear before a magistrates' court to answer a complaint charging that offence.

(2) The offences to which this Article applies are—

(a) any offence under Article 90;

[F42 (b) any offence under Article 9 of the Order of 1995;

(bb) any offence under Article 10 of the Order of 1995;]

Sub-para. (c) rep. by 1991 NI 3

F41 1981 NI 26

F42 1995 NI 18

Articles 182-186 rep. by 1996 NI 10

Article 187 rep. by 1997 NI 2

Articles 188-204 rep. by 1996 NI 10