A person is also to be regarded as driving dangerously for the purposes of Articles 9 and 10 if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

In paragraphs (1) and (2) “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those paragraphs what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

In determining for the purposes of paragraph (2) the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

This Article has effect for the purposes of Articles 11A, 12 and 14.

A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.

In determining for the purposes of paragraph (2) what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.

The following provisions apply for the interpretation of Articles 14 to 21.

In those Articles—

In paragraph (2) “health care profession” means any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.

An order under paragraph (2) shall be subject to F23negative resolution.

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this Article a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.

Paragraph (1)(b) F27, (c) and (d) shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.

A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

Without prejudice to paragraph (1), a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

For the purposes of paragraph (2), a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

The court may, in determining whether there was such a likelihood as is mentioned in paragraph (3), disregard any injury to him and any damage to the vehicle.

For the purpose of this Article, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

It is a defence for a person charged with an offence under paragraph (1)(b) to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

The court may, in determining whether there was such a likelihood as is mentioned in paragraph (2), disregard any injury to him and any damage to the vehicle.

If any of paragraphs (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this Article.

A constable may administer a preliminary test by virtue of any of paragraphs (2) to (4) only if he is in uniform.

A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Department, an indication whether the proportion of alcohol in the person's breath or blood is likely to exceed the prescribed limit.

A preliminary breath test administered in reliance on Article 17(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.

For the purposes of paragraph (1) a device shall be treated as of a type approved by the Department where a statement that the Department has approved a device of that type is included in the Belfast Gazette.

A constable administering a preliminary impairment test shall have regard to the code of practice under this Article.

A constable may administer a preliminary impairment test only if he is approved for that purpose by the Chief Constable.

For the purposes of paragraph (1)(b) a device shall be treated as of a type approved by the Department where a statement that the Department has approved a device of that type is included in the Belfast Gazette.

A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit.

The fact that specimens of breath have been provided under Article 18 by the person concerned does not prevent paragraph (1) having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.

A person arrested under this Article may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under Article 18.

A person may not be arrested under this Article while at a hospital as a patient.

For the purposes of this Article “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.

Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this Article.

A requirement under paragraph (1)(a) may be made only by a constable who is especially authorised by the Chief Constable to make such requirements.

If the provision of a specimen other than a specimen of breath may be required in pursuance of this Article the question whether it is to be a specimen of blood or a specimen of urineF36 and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to paragraph (5A)) by the constable making the requirement.

A specimen or urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine.

A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this Article is guilty of an offence.

A constable must, on requiring any person to provide a specimen in pursuance of this Article, warn him that a failure to provide it may render him liable to prosecution.

For the purposes of paragraph (1)(a) a device shall be treated as of a type approved by the Head of the Department where a statement that the Head of the Department has approved a device of that type is included in the Belfast Gazette.

A constable must, on requiring a person to give his permission for the purposes of this Article for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.

A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this Article is guilty of an offence.

In this Article “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of the police.

Subject to paragraph (2), of any 2 specimens of breath provided by any person in pursuance of Article 18, that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.

If the specimen with the lower proportion of alcohol contains no more than 50 microgrammes of alcohol in 100 millilitres of breath, the person who provided it may claim that it should be replaced by such specimen as may be required under Article 18(5) and, if he then provides such a specimen, neither specimen of breath shall be used.

If the person who makes a claim under paragraph (2) was required to provide specimens of breath under Article 18 at or near a place mentioned in paragraph (2)(c) of that Article, a constable may arrest him without warrant.

The Department may by regulations substitute another proportion of alcohol in the breath for that specified in paragraph (2).

Subject to paragraphs (2) and (3), a person required F43under Article 18 to provide a specimen of breath, blood or urine may afterwards be detained at a police station F44(or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing that, were the person then driving or attempting to drive a mechanically propelled vehicle on a road, he would F45commit an offence under Article 15 or 16.

F46Paragraph (1) does not apply to the person if it ought reasonably to appear to the constable that there is no likelihood of his driving or attempting to drive a mechanically propelled vehicle whilst his ability to drive properly is impaired or whilst the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this Article if it would be prejudicial to his proper care and treatment as a patient.

A constable must consult a medical practitioner on any question arising under this Article whether a person's ability to drive properly is or might be impaired through drugs and must act on the medical practitioner's advice.

A person shall not be guilty of an offence under Article 9, 10 and 12 by virtue of driving a vehicle in a public place other than a road if he shows that he was driving in accordance with an authorisation for a motoring event given under regulations made by the Department.

The Department may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.

A person who drives or rides in a motor vehicle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.

For the purposes of paragraph (4), the service of a summons on the accused shall be treated as the commencement of the proceedings.

Regulations under this Article requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of 14 years.

In this Article, “the seat belt Directive” means the Directive of the Council of the European Communities, dated 16th December 1991 (No.91/671/EEC), on the approximation of the laws of member States relating to compulsory use of safety belts in vehicles of less than 3.5 tonnes.

Except as provided by regulations, where a child under the age of 14 years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

It is an offence for a person to drive a motor vehicle in contravention of paragraph (1) F55or (1A).

It is an offence for a person to drive a motor vehicle in contravention of paragraph (3) or (4).

For the purposes of paragraph (9), the service of a summons on the accused shall be treated as the commencement of the proceedings.

In this Article—

The reference in paragraph (1A) to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.

An operator who fails to comply with paragraph (1) is guilty of an offence.

In this Article—

• “bus” has the same meaning as in Article 24;

• “operator”, in relation to a bus, means—

  1. a

     the owner of the bus; or

  2. b

     if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;

• “passenger seat”, in relation to a bus, means any seat other than the driver's seat;

• “restricted road” means a road that is restricted for the purposes of Article 36 of the Road Traffic Regulation (Northern Ireland) Order 1997 (other than a road restricted by an order made under Article 37(3)(a) of that Order) or would be so restricted but for an order under Article 37(3)(b) or an order under Article 38(1)(a) of that Order.

Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more of the parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of paragraph (1).

The journey must be made without previous advertisement to the public of the arrangements therefor.

All the passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.

No differentiation of fares for the journey on the basis of distance or time must be made.

The Department may make payments in respect of the examination of applicants falling within any class mentioned in paragraph (2) being applicants for medical certificates required as a condition of any exception prescribed by regulations under Article 23 or 24 (wearing of seat belts).

The Department may by order amend paragraph (2) (whether as originally enacted or as previously amended under this paragraph) so as to omit any of the classes mentioned in that paragraph or add to or substitute for any of those classes other classes of any description.

The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this Article applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles.

A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of equipment if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.

The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.

References in this Article to selling or sale include references to letting on hire and offering or exposing for sale shall be construed accordingly.

The Department may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in sidecars) on motor cycles of any class or description specified in the regulations to wear protective headgear of such description as may be so specified.

A requirement imposed by regulations under this Article shall not apply to any follower of the Sikh religion while he is wearing a turban.

A person who drives or rides on a motor cycle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of 16 years.

The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of helmet recommended as affording protection to persons on or in motor cycles, or motor cycles of different classes, from injury in the event of accident.

A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of a helmet if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.

The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.

In this Article and Schedule 1 “helmet” includes any head-dress, and references to selling or sale shall include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.

The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this Article applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations.

Regulations under this Article may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used.

If a person sells, or offers or exposes for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this Article as authorised for such use, he is, subject to paragraph (5), guilty of an offence.

A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of an appliance if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.

The provisions of Schedule 1 shall have effect in relation to contravention of paragraph (4).

References in this Article to selling or sale include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.

In this Article—

In Article 30 “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.

In this Article “articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it; and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Northern Ireland without contravening any regulations for the time being in force under Article 55.

In this Article, and in the definition of “goods vehicle” in Article 2(2) as it applies for the purposes of this Article, “trailer” means any vehicle other than a motor vehicle.

Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954F72, different regulations may be made under paragraph (5) as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects different localities.

Regulations under paragraph (5) shall not so amend paragraph (1) that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with paragraph (2) as originally enacted) does not exceed 7.5 tonnes is a heavy commercial vehicle for any of the purposes of Article 30.

In paragraph (1) “dangerous” refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that paragraph that would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

For the purposes of paragraph (3) anything placed on or near a road shall unless the contrary is proved be deemed to have been lawfully placed there.

In this Article “road” does not include a footpath, public path or other public right of way.

Not more than one person in addition to the driver may be carried on a motor bicycle.

No person in addition to the driver may be carried on a motor bicycle otherwise than sitting astride the motor bicycle and on a proper seat securely fixed to the motor cycle behind the driver's seat.

If a person is carried on a motor bicycle in contravention of this Article, the driver of the motor cycle is guilty of an offence.

Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.

In this Article references to a person carried on a bicycle include references to a person riding the bicycle.

If a person is carried on a bicycle in contravention of paragraph (1), each of the persons carried is guilty of an offence.

If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence.

If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence.

A person who, while riding a horse on a road, leads another horse, shall keep that other horse on his left or near side while any person or vehicle is passing him.

A person who contravenes paragraph (1) is guilty of an offence.

A person who when driving, attempting to drive or in charge of, a vehicle drawn by a horse or other animal on a road or other public place, is unfit to drive through drink or drugs (that is to say, is under the influence of drink or a drug to such extent as to be incapable of having proper control of the vehicle), is guilty of an offence.

Any person liable to be charged with an offence under this Article shall not be liable to be charged under Article 10(2) of the Criminal Justice (Northern Ireland) Order 1980F75 (being drunk while in charge in a road or other public place of an animal).

A person who rides a cycle dangerously on a road or other public place is guilty of an offence.

In paragraph (2) “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that paragraph what would be obvious to a competent and careful cyclist in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

Regulations under this Article may prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations.

Directions under paragraph (4) may include a direction that any road or part of a road specified in the direction shall be closed during the period to such traffic or to such classes or descriptions of traffic as may be so specified.

A person who wilfully contravenes any direction given under paragraph (4) is guilty of an offence.

An electrically assisted pedal cycle of a class specified in regulations made for the purposes of Article 6 shall not be driven on a road by a person under the age of 14.

A person must not promote or take part in a trial of any description between motor vehicles on a public path or other public right of way unless the holding of the trial has been authorised under this Article by the district council.

A district council shall not give an authorisation under this Article unless satisfied that consent in writing to the use of any length of public path or other public right of way for the purposes of the trial has been given by the owner and by the occupier of the land over which that length of public path or other public right of way runs, and any such authorisation may be given subject to compliance with such conditions as the district council thinks fit.

The holding of a trial authorised under this Article is not affected by any statutory provision prohibiting or restricting the use of public paths or other public rights of way or a specified public path or other public right of way; but this Article does not prejudice any right or remedy of a person as having any interest in land.

In the case of a public path or other public right of way which runs over Crown land, the reference in paragraph (2) to the owner of the land shall be construed as a reference to the appropriate authority.

In paragraph (5) “Crown land” and “appropriate authority” have the same meaning as in Article 53 of the Access to the Countryside (Northern Ireland) Order 1983F77.

Subject to the provisions of this Article, if without lawful authority or reasonable excuse a person drives a mechanically propelled vehicle on to or upon any land in the open air, being land to which the public has or is permitted to have access (whether on payment of a fee or otherwise), he is guilty of an offence.

For the purposes of paragraph (1) “land in the open air” includes a place partly open to the air.

It is not an offence under this Article to drive a mechanically propelled vehicle on any land within 15 metres of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

It is hereby declared that nothing in this Article prejudices the operation of any byelaws applying to any land, or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.

If a person, without reasonable excuse, contravenes a direction given by a constable in uniform carrying out functions under the Road Traffic Orders, he is guilty of an offence.

A constable in uniform giving a direction for the purposes of a traffic survey of any description which is carried out on or in the vicinity of a road shall be deemed for the purposes of paragraph (1) to be carrying out functions under the Orders referred to in paragraph (1).

The power to give a direction for the purposes of a traffic survey shall be so exercised as not to cause any unreasonable delay to a person who indicates that he is unwilling to furnish any information for the purposes of the survey.

Where a traffic survey of any description is carried out on or in the vicinity of a road, this Article applies to a traffic sign by which a direction (as defined in Article 49(4)) is given for the purposes of the survey.

The Department may make regulations specifying any traffic sign for the purposes of column (5) of the entry in Schedule 1 to the Offenders Order relating to offences under this Article (offences committed by contravention of certain traffic signs involve discretionary disqualification).

The Highway Code shall continue to have effect, subject however to revision in accordance with the following provisions of this Article.

Subject to the following provisions of this Article, the Department may revise the Highway Code by revoking, varying, amending or adding to the provisions of the Code in such manner as it thinks fit.

Where the Department proposes to revise the Highway Code by making any alterations in the provisions of the Code (other than alterations merely consequential on the passing, amendment or repeal of any statutory provision) the proposed revision shall, as soon as it is prepared by the Department, be subject to negative resolution.

Before revising the Highway Code by making any alterations in its provisions, which under paragraph (3) are subject to negative resolution, the Department must consult with such representative organisations as it thinks fit.

The Department must cause the Highway Code to be printed and may cause copies of it to be sold to the public at such price as the Department may determine.

A failure on the part of any person to observe any provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Road Traffic Orders) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

In this Article “the Highway Code” means the code comprising directions for the guidance of persons using roads issued under Article 130 of the Order of 1981, as from time to time revised under this Article or under any previous enactment.

The Department may, with the approval of the Department of Finance and Personnel, provide for promoting road safety by disseminating information or advice relating to the use of roads.

The Department must prepare and carry out a programme of measures designed to promote road safety and may, with the approval of the Department of Finance and Personnel, make contributions towards the cost of measures for promoting road safety, being measures taken by any authority, body or person.

The Department may give, or make arrangements for the giving of, training on road safety to road users, or any class or description of road users, on payment of a fee.

F130The Department must prepare and carry out a programme of measures designed to improve road safety.

The Department may, with the approval of the Department of Finance and Personnel, make contributions towards the cost of measures for promoting road safety which are taken by any authority, body or person.

The Department may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used.

Different regulations may be made under this Article as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.

Subject to paragraphs (2) to (4), where any regulations under Article 55 contain provisions varying the requirements as regards the construction or weight of any class of vehicles, provision shall be made by the regulations for exempting from those provisions for such period, not being less than 5 years, as may be specified in the regulations any vehicle of that class registered under the Vehicle Excise and Registration Act 1994F89 before the expiration of one year from the making of the regulations.

No such provision contained in regulations under Article 55 as imposes or varies requirements with respect to the braking systems with which motor vehicles must be equipped shall be taken, for the purposes of paragraph (1) or of any other provision of the regulations, to be one relating to the construction of vehicles.

The Department may by order make provision for securing that, subject to such restrictions and conditions as may be specified by or under the order, regulations under Article 55 shall have effect in their application to such vehicles, trailers and types of vehicles and trailers as are mentioned in paragraph (1) subject to such modifications or exceptions as may be specified in the order.

Where a test certificate is refused, the examiner must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Department.

On any such appeal the Department must cause a further examination to be made and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.

The Department may make regulations under this Article for the purpose of giving effect to this Article and for prescribing anything authorised by this Article and Article 62 to be prescribed.

In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this Article shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

A person who uses on a road or other public place at any time, or causes or permits to be so used, a motor vehicle to which this Article applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.

This Article does not apply to vehicles of such classes as may be prescribed.

The Department may by regulations exempt from paragraph (1) the use of vehicles of such purposes as may be prescribed.

The Department may by regulations exempt from paragraph (1) the use of vehicles in any such area as may be prescribed.

The Department may by regulations make provision for the issue, in such circumstances as may be prescribed, of a certificate of temporary exemption in respect of a vehicle, exempting that vehicle from paragraph (1) for such period as may be specified in the certificate.

For the purpose of this Article the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.

A test certificate issued in respect of a vehicle within the period of one month ending immediately before the date on which Article 63 first applies to the vehicle shall be treated for the purposes of that Article as if issued at the end of that period

In this Part—

In this application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this Article shall have effect as if any reference to prescribed construction and use requirements included a reference to prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

Any person aggrieved by a determination made on an examination under regulations under Article 65 by the person in charge of the examination may appeal to the Department.

On the appeal the Department must cause the vehicle to be re-examined by an officer appointed by it for the purpose and must make such determination on the basis of the re-examination as it thinks fit.

Regulations under Article 65 may make the like provision in relation to a determination on an appeal under this Article as they make in relation to a determination on an examination under the regulations.

Regulations under Article 65 may provide that a person who contravenes a requirement of regulations imposed by virtue of paragraph (1)(c)(ii) is guilty of an offence.

In this Article any reference to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn.

In any proceedings for an offence under paragraph (3), it shall be a defence to prove that the alteration was not specified in the relevant plating certificate in accordance with regulations under Article 65.

In the event of a contravention of this Article the owner of the vehicle is guilty of an offence.

Subject to paragraph (2), no passenger shall be carried on a goods vehicle except on permanently attached seats placed beside the driver's seat.

A driver of a goods vehicle who allows or permits any passenger to be carried on the vehicle in contravention of paragraph (1), and any passenger so carried, is guilty of an offence.

The Department may by regulations provide that where application is made in Northern Ireland for a licence under the Vehicle Excise and Registration Act 1994 for a goods vehicle to which Article 69(2) applies or for a vehicle of any class to which Article 31E(1) of the Order of 1981 applies, the licence shall not be granted unless the requirements of paragraph (4), paragraph (6) or paragraph (7) are satisfied.

In relation to any application referred to in paragraph (3) the requirement set out in paragraph (4)(b) shall be taken to be satisfied if there is produced evidence that an EC certificate of conformity as effect with respect to the vehicle.

The requirements of this paragraph are that there is made such a declaration as may be prescribed that the vehicle is not intended to be used during the period for which the licence is to be in force except for a purpose or in an area prescribed under sub-paragraph (a) of Article 69(5) of this Order or under Article 31E(4) of the Order of 1981.

The requirements of this paragraph are that there is produced in respect of the vehicle a certificate of temporary exemption issued by virtue of sub-paragraph (b) of Article 69(5) of this Order or sub-paragraph (b) of Article 31E(4) of the Order of 1981 which exempts that vehicle from the provisions of Article 69(2) of this Order or Article 31E(1) of the Order of 1981, as the case may be, for a period which includes the date on which the licence is to come into force.

Regulations under paragraph (3) may be made so as to apply to such classes only of vehicles as may be specified in the regulations.

The Department may by regulations provide, in relation to vehicles required to be examined and certified by regulations under Article 55(2A), that the first licence for such a vehicle under the Vehicle Excise and Registration Act 1994 for a period after the requirement applies to the vehicle is to be granted only if evidence is provided that a certificate has been issued in accordance with those regulations.

For the purposes of this Article the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed.

In this Article—

The Department shall appoint such examiners as it considers necessary for the purpose of carrying out the functions conferred on them by this Order, the Order of 1981 or F126Parts 2 and 4 of the Transport Act (Northern Ireland) 1967F104 or any other statutory provision.

An examiner appointed under this Article shall act under the general directions of the Department.

In this Part “vehicle examiner” means an examiner appointed under this Article.

Any reference in any statutory provision to an inspector of vehicles within the meaning of Article 2(2) of the Order of 1981, to an officer or person authorised for the purposes of any Article of Part IV of that Order, or to an inspector appointed under section 37 of the Transport Act (Northern Ireland) 1967F105 shall, so far as may be appropriate in consequence of the preceding provisions of this Article, be construed as a reference to an examiner appointed under this Article.

A person commits an offence if, for the purpose of directing the driver of a vehicle to stop the vehicle, the person, with intent to deceive, impersonates a vehicle examiner or makes any statement or does any act calculated falsely to suggest that the person is a vehicle examiner.

A vehicle examiner must produce his authority to act as an authorised examiner for the purposes of this Article is required to do so.

Where on testing a vehicle under paragraph (1), an authorised examiner is satisfied that one or more of the requirements mentioned in sub-paragraph (a) of that paragraph is not complied with, he may, whether or not proceedings are instituted for a breach of the requirements, serve on the owner of the vehicle a notice in writing requiring him to present the vehicle at a specified place within 14 days from service of the notice, or within such longer period as any authorised examiner may on the application of the owner of the vehicle specify in writing for further test.

On testing a vehicle under paragraph (5), an authorised examiner shall ascertain whether the requirements specified in the notice have been complied with, or as the case may be, the defects so specified have been remedied.

The Department may prescribe a fee to be paid for a test under paragraph (5).

Where it appears to any constable that, by reason of an accident having occurred owing to the presence of a vehicle on a road, it is requisite that a test should be carried out forthwith, he may require it to be so carried out and, if he is not to carry it out himself, may require that the vehicle shall not be taken away until the test has been carried out.

If a person obstructs an authorised examiner acting under this Article, or fails to comply with a requirement of this Article, he is guilty of an offence.

In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this Article shall have effect as if any reference to construction and use requirements included a reference to requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.

The power conferred by paragraph (1) to inspect vehicles includes power to test it and to drive it for the purpose of testing it.

A person who intentionally obstructs an examiner in the exercise of his powers under paragraph (1) is guilty of an offence.

A vehicle examiner or member of the Royal Ulster Constabulary may at any time require any person in charge of a vehicle to which this Article applies and which is stationary on a road to proceed with the vehicle for the purpose of having it inspected under this Article to any place where an inspection can be suitably carried out (not being more than 10 miles from the place where the requirement is made).

A person in charge of a vehicle who refuses or neglects to comply with a requirement made under paragraph (4) is guilty of an offence.

A vehicle examiner or member of the Royal Ulster Constabulary may place traffic signs on or near a road for the purposes of this Article.

Article 50 shall apply to traffic signs placed under paragraph (7) and the power to place traffic signs conferred by that paragraph includes power to place them on a vehicle used by the Department or for police purposes.

Except where paragraph (3) applies, a prohibition under this Article shall (unless previously removed under Article 81) come into force at such time not later than 10 days from the date of the inspection as seems appropriate to the vehicle examiner imposing the prohibition, having regard to all the circumstances.

A prohibition under this Article shall continue in force until it is removed under Article 81.

Where a notice has been given under paragraph (6), any vehicle examiner or authorised constable may grant an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption.

Where such a notice has been given, any vehicle examiner or authorised constable may by endorsement on the notice vary its terms and, in particular, alter the time at which the prohibition is to come into force or suspend it if it has come into force.

In this Article “authorised constable” means a constable authorised to act for the purposes of this Article by or on behalf of the Chief Constable.

Where it appears to the person imposing a prohibition under Article 77 that the vehicle is adapted to carry more than 8 passengers, or is a public service vehicle not so adapted F135or is a taxi , the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at a vehicle testing centre.

Where it appears to that person that the vehicle is of a class to which regulations under Article 65 apply, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected at a vehicle testing centre.

Where is appears to that person that the vehicle is one to which Article 63 applies, or would apply if the vehicle had been registered under the Vehicle Excise and Registration Act 1994F117 more than 5 years earlier, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected, and a test certificate issued, under Article 61.

In any other case, the prohibition may be imposed with a direction making it irremovable unless and until the vehicle has been inspected in accordance with regulations under Article 81 by a vehicle examiner or authorised constable (within the meaning of Article 77).

The person to whom it so appears may also by direction in writing require the person in charge of the vehicle to remove it (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle or trailer in accordance with that direction.

Nothing in this Article shall be construed as limiting the power of the Department to make regulations under Article 80(2).

The Department may by regulations provide for exceptions from paragraph (1).

Subject to the following provisions of this Article, a prohibition under Article 77 or 79 may be removed by any vehicle examiner or authorised constable if he is satisfied that the vehicle is fit for service.

If the prohibition has been imposed with a direction under Article 78(1) or (2), the prohibition shall not be removed unless and until the vehicle has been inspected in accordance with the direction.

If the prohibition has been imposed with a direction under Article 78(3), paragraph (1) shall not apply; but the prohibition shall be removed, by such person as may be prescribed, if (and only if) any prescribed requirements relating to the inspection of the vehicle and the issue and production of a test certificate have been complied with.

If the prohibition has been imposed with a direction under Article 78(4), the prohibition shall not be removed unless and until any prescribed requirements relating to the inspection of the vehicle have been complied with.

A person aggrieved by the refusal of a vehicle examiner or authorised constable to remove a prohibition may, within the prescribed time and in the prescribed manner, appeal to the Department.

The Department may make such order on the appeal as it thinks fit.

Where a vehicle examiner or authorised constable removes a prohibition, he must forthwith give notice of the removal to the owner of the vehicle.