Road Traffic (Northern Ireland) Order 1981

Other offences N.I.

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

166.—(1) Any person who applies for or obtains a driving licence or a provisional licence while disqualified for holding or obtaining such a licence either—

(a) by[F1 Article 17(1)], or

(b) by or under any other provision of this Order,[F2 or]

[F2 (c) by or under the Offenders Order]

shall be guilty of an offence under this Order.

(2) A licence obtained in contravention of this Article shall be of no effect.

[F1 (3) In the application of paragraphs (1) and (2) to a person whose disqualification is limited by virtue of Article 17, 18 or 74 to the driving of a motor vehicle of a particular class, the references to disqualification for holding or obtaining a licence are references to holding or obtaining a licence to drive motor vehicles of that class.]

F1 1991 NI 3

F2 1996 NI 10

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

167.—(1) Any person who, while disqualified for holding or obtaining a driving licence or a provisional licence, either—

(a) by[F3 Article 17(1)], or

(b) by or under any other provision of this Order,[F4 or]

[F4 (c) by or under the Offenders Order]

drives on a road—

(i) a motor vehicle, or

(ii) if the disqualification is limited to the driving of a motor vehicle of a particular class or description, a motor vehicle of that class or description,

shall be guilty of an offence under this Order.

(2) Paragraph (1)(a) does not apply to a person who drives a vehicle of any class in circumstances in which he is permitted by virtue of regulations under[F3 Article 17(2)] to hold or obtain a driving licence or a provisional licence to drive a vehicle of that class and who does so in accordance with any conditions or with the terms of any exemption which would be applicable in his case by virtue of the regulations.

(3) Where a person is disqualified by[F3 Article 17(1)] for holding or obtaining a driving licence or a provisional licence to drive on a road a motor vehicle of any class, or would be so disqualified were it not for the provisions of, or anything done under, regulations under[F3 Article 17(2)], any person who causes or permits him to drive on a road a motor vehicle of that class otherwise than in circumstances, and in accordance with conditions or within the terms of an exemption, specified in or under the regulations shall be guilty of an offence under this Order.

F3 1991 NI 3

F4 1996 NI 10

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

168.  Articles 54 and 57 of the Magistrates' Courts (Northern Ireland) Order 1981 (which empower a magistrates' court to impose a fine or order detention within the court precincts or at a police station in lieu of imprisonment), shall not apply to offences under Article 166 or 167 of this Order.

Valid from 15/11/2007

[F5 [F6 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.]

F5 1981 NI 26

F6 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

F5 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 orF7 . . . cycle for his own or another's use or, knowing that any motor vehicle, trailer orF7 . . . 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 orF7 . . . 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 orF7 . . . cycle may acquit the defendant of that offence and find him guilty of an offence under this Article.

F5 1981 NI 26

F7 1995 NI 18

[F8 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.

F5 1981 NI 26

F8 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.

F5 1981 NI 26

F8 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 application for any licence or a goods vehicle certificate under the provisions of[F9 the Road Traffic Orders], 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.

(2 )F10  F11 A person who forges, or fraudulently alters or uses, or fraudulently lends to, or allows to be used by, any other person, any mark for identifying a vehicle, any badge,[F12 any document which, in pursuance of Article 5(3), is issued as evidence of the result of a test of competence to drive,] any licence or goods vehicle certificate under[F9 the Road Traffic Orders], any certificate of insurance or certificate of security under Article 92 or 93,[F13 any certificate required as a condition of any exception prescribed under[F9 Article 23 of the Order of 1995][F14 or a certificate of a kind referred to in Article 37(1) of the Offenders Order]] or a certificate prescribed by regulations under Article 132 or produces any document as evidence of insurance in pursuance of Regulation 6 of the European Communities (Motor Vehicles: Compulsory Insurance) (Northern Ireland) Regulations 1973 [SRO 1973/448] shall be guilty of an offence under this Order.

(3) If a member of the Royal Ulster Constabulary has reason to believe that a certificate of insurance or a certificate of security or a driving licence or a provisional licence[F12 or a document issued in pursuance of Article 5(3) as evidence of the result of a test of competence to drive] produced to him under[F12 this Order] by the driver of a motor vehicle is a document in relation to which an offence has been committed under this Article, he may seize the document; when the document is seized under this Article the person from whom it was taken shall, unless the document 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, and the court shall make such order respecting the disposal of the document and award such costs as the justice of the case may require.

(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.

[F15 (6) In paragraph (3), “driving licence” means a licence to drive under Part II[F16 , a Great Britain licence] or a Community licence or counterpart of any such licences and “counterpart” and “Community licence” have the same meanings as in Part II.]

F9 1995 NI 18

F10 mod. by SR 1989/238

F11 mod. by SR 1994/365

F12 1998 NI 7

F13 1982 NI 3

F14 1996 NI 10

F15 SR 1996/426

F16 2003 NI 16

Article 174A rep. by 1997 NI 2

Article 174B rep. by 1996 NI 10]]