The Road Traffic Offenders (Northern Ireland) Order 1996

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. General interpretation

   3. 3. Meaning of “offence involving obligatory endorsement”

   4. 4. Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”

   5. 4A. Meaning of “driving record”

3. PART II TRIAL

   1. Introductory

      1. 5. Requirement of warning etc. of prosecutions for certain offences

      2. 6. Requirement of warning etc: supplementary

      3. 7. Restriction on institution of proceedings for certain offences

      4. 8. Jurisdiction in prosecutions under Articles 56 and 81(1) of the Order of 1981

      5. 9. Power to join in indictment counts for certain summary offences

      6. 10. Time within which summary proceedings for certain offences must be commenced

      7. 11. Duty of accused to provide licence

      8. 12. Duty to include date of birth and sex in written plea of guilty

   2. Trial

      1. 13. Mode of trial

      2. 14. Evidence by certificate as to driver, user or owner

      3. 15. Proof, in summary proceedings, of identity of driver of vehicle

      4. 16. Admissibility of records as evidence

      5. 17. Use of records kept by operators of goods vehicles

      6. 18. Use of specimens in proceedings for an offence under Articles 14 to 16 of the Order of 1995

      7. 19. Documentary evidence as to specimens in such proceedings

      8. 20. Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment

      9. 21. Evidence of declaration for obtaining licence

      10. 22. Evidence by certificate as to registration etc. of driving instructors

      11. 23. Speeding offences etc: admissibility of certain evidence

      12. 24. Notification of disability

      13. 25. Saving as to offence provisions etc.

      14. 26. Alternative verdicts

      15. 27. Information as to date of birth and sex

      16. 28. Interim disqualification

4. PART III SENTENCE

   1. Introductory

      1. 29. Production of licence

      2. 30. Penalty points to be attributed to an offence

      3. 31. Penalty points to be taken into account on conviction

      4. 32. Penalty points: modification where fixed penalty also in question

      5. 32A. Reduced penalty points for attendance on course

      6. 32B. Certificates of completion of courses

      7. 32C. Approval of courses

      8. 32D. Courses in Great Britain

      9. 32E. Provisions supplementary to Articles 32A to 32D

      10. 33. Court may take particulars endorsed into consideration

   2. Fine and imprisonment

      1. 34. Fine and imprisonment

   3. Disqualification

      1. 35. Disqualification for certain offences

      2. 36. Reduced disqualification period for attendance on courses

      3. 37. Certificates of completion of courses

      4. 37A. Approval of courses

      5. 37B. Courses in Great Britain

      6. 38. Provisions supplementary to Articles 36 and 37

      7. 38A. Reduced disqualification period: alcohol ignition interlock programme orders

      8. 38B. Certificates of failing fully to participate

      9. 38C. Approval of programmes

      10. 38D. Programmes in Great Britain

      11. 38E. Provisions supplementary to Articles 38A to 38D

      12. 39. Experimental period for Article 36

      13. 40. Disqualification for repeated offences

      14. 40A. Extension of disqualification where custodial sentence also imposed

      15. 40B. Effect of custodial sentence in other cases

      16. 41. Disqualification until test is passed

      17. 42. Effect of order of disqualification

      18. 43. Appeal against disqualification

      19. 44. Suspension of disqualification pending appeal

      20. 45. Power of appellate courts to suspend disqualification

      21. 46. Suspension of disqualification pending determination of applications under Article 37

      22. 46A. Suspension of certificate pending determination of applications under Article 38B

      23. 47. Removal of disqualification

      24. 48. Rule for determining end of period of disqualification

   4. Endorsement

      1. 49. Endorsement of licences

      2. 49A. Endorsement of driving record in accordance with order

      3. 50. Effect of endorsement of counterparts

      4. 50A. Effect of endorsement of driving records

   5. General

      1. 51. Combination of disqualification and endorsement with probation orders and orders for discharge

      2. 52. Supplementary provisions as to disqualifications and endorsements

      3. 53. Exemption from disqualification and endorsement for certain construction and use offences

      4. 54. Offender escaping consequences of endorsable offence by deception

5. PART IV FIXED PENALTIES

   1. Introductory

      1. 55. Interpretation of this Part

      2. 56. Expressions defined in this Part

      3. 57. Fixed penalty offences

      4. 58. Fixed penalty notices

      5. 59. Amount of fixed penalty

   2. Giving notices to suspected offenders

      1. 60. Notices on-the-spot etc.

      2. 61. Effect of fixed penalty notice given under Article 60

      3. 62. Licence receipts

      4. 63. Endorsement of counterparts without hearings

      5. 63A. Endorsement of driving records without hearings

      6. 64. Effect of endorsement of counterpart without hearing

      7. 64A. Effect of endorsement of driving record without hearing

      8. 65. Notification of court and date of trial

      9. 66. Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures

      10. 66A. Fixed penalty notice mistakenly given to unlicensed person: exclusion of fixed penalty procedures

   3. Notices fixed to vehicles

      1. 67. Fixing notices to vehicles

      2. 68. Service of notice to owner if penalty not paid

      3. 69. Enforcement or proceedings against owner

      4. 70. Restrictions on proceedings against owner and others

      5. 71. Hired vehicles

      6. 72. False statements in response to notices to owner

      7. 73. “Owner”, “statutory statement” and “official form”

   4. The fixed penalty procedure

      1. 74. Payment of penalty

      2. 75. Registration certificates

      3. 76. Registration of sums payable in default

      4. 77. Notices on-the-spot etc.: when registration and endorsement invalid

      5. 78. Notices fixed to vehicles: when registration invalid

      6. 79. Provisions supplementary to Articles 77 and 78

   5. Conditional offer of fixed penalty

      1. 80. Issue of conditional offer

      2. 81. Effect of offer and payment of penalty

      3. 82. Endorsement of counterparts where penalty paid

      4. 82A. Endorsement of driving records where penalty paid

   6. Proceedings in fired penalty cases

      1. 83. General restriction on proceedings

      2. 84. Statements by constables

      3. 85. Certificates about payment

      4. 86. Documents signed by the accused

   7. Miscellaneous

      1. 87. Powers of court in cases of deception

      2. 88. Regulations for the purposes of this Part

      3. 88A. Notices to Department

      4. 89. Service of documents

      5. 90. Functions of traffic wardens

      6. 91. Procedure for making regulations and orders under this Part

6. PART IVA FINANCIAL PENALTY DEPOSITS

   1. 91A. Interpretation of this Part

   2. 91B. Power to impose financial penalty deposit requirement

   3. 91C. Financial penalty deposit requirement

   4. 91D. Making of payment in compliance with requirement

   5. 91E. Prohibition on driving on failure to make payment

   6. 91F. Orders about financial penalty deposits

7. PART V MISCELLANEOUS AND GENERAL

   1. 92. Penalty for breach of regulations

   2. 92ZA. Application to Great Britain licence holders

   3. 92ZB. Effect of endorsement on Great Britain licence holders

   4. 92A. Application to Community licence holders

   5. 92B. Effect of endorsement on Community licence holders

   6. 93. Application to Crown

   7. 94. Proceedings in respect of offences committed in connection with Crown vehicles

   8. 95. Application of certain provisions of Order to trolley vehicles

   9. 96. Transitional provisions and savings

   10. Article 97—Amendments and repeals

8. SCHEDULES

   1. SCHEDULE 1

      PROSECUTION AND PUNISHMENT OF OFFENCES

      1. PART I OFFENCES UNDER THE ROAD TRAFFIC ORDERS

         1. This div-1 has a number but no title; creating a P1group with an empty Title

         2. a. 3 if committed by driving a motor vehicle in contravention of regulations requiring wearing of...

         3. This div-1 has a number but no title; creating a P1group with an empty Title

         4. b. 2 if committed by riding in a motor vehicle in contravention of regulations requiring wearing...

         5. This div-1 has a number but no title; creating a P1group with an empty Title

         6. a. Level 4 on the standard scale if committed in respect of a goods vehicle or...

         7. This div-1 has a number but no title; creating a P1group with an empty Title

         8. b. Level 3 on the standard scale in any other case.

      2. PART II OTHER OFFENCES

   2. SCHEDULE 2

      STATUTORY STATEMENTS

      1. PART I STATUTORY STATEMENT OF OWNERSHIP OR HIRING

         1. 1. (1) or the purposes of Part IV of this Order, a statutory statement of ownership...

         2. 2. (1) For the purposes of Part IV of this Order, a statutory statement of hiring...

      2. PART II STATUTORY STATEMENT OF FACTS

         1. 3. (1) For the purposes of Part IV of this Order, a statutory statement of facts...

   3. Schedule 3—Amendments

   4. Schedule 4—Repeals