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The Road Traffic Offenders (Northern Ireland) Order 1996
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Changes over time for: Section 42
Alternative versions:
- 01/01/2006- Amendment
- 15/11/2007- Amendment
- 18/04/2016- Amendment
- 17/10/2022
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The Road Traffic Offenders (Northern Ireland) Order 1996, Section 42 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Effect of order of disqualificationN.I.
42.—(1) Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.
(2) Where—
(a)the disqualification is for a fixed period shorter than 56 days in respect of an offence involving obligatory endorsement, or
(b)the order is made under Article 28,
paragraph (1) shall not prevent the licence from again having effect at the end of the period of disqualification.
(3) Where the holder of the licence appeals against the order and the disqualification is suspended under Article 44, the period of disqualification shall be treated for the purpose of paragraph (1) as beginning on the day on which the disqualification ceases to be suspended.
(4) Notwithstanding anything in Part II of the Order of 1981, a person disqualified by an order of a court under Article 41 is (unless he is also disqualified otherwise than by virtue of such an order) [F1entitled to apply for, obtain and to hold a provisional licence] and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.
[F2(5) Notwithstanding anything in Part II of the Order of 1981, a person who holds a Community licence which authorises that person to drive motor vehicles of a particular class, but who is disqualified by an order of a court under Article 41 of this Order, is (unless the person is also disqualified otherwise than by virtue of such an order) entitled to drive a motor vehicle of that class in accordance with the same conditions as if the person were authorised to drive a motor vehicle of that class by a provisional licence.]
F1Words in art. 42(4) substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 20; S.R. 2007/454, art. 2, Sch.
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