IntroductoryN.I.
Interpretation of this PartN.I.
55.—(1) In this Part—
“authorised person” has the meaning given by Article 60(8);
“driver” except in Article 67 means, in relation to an alleged fixed penalty offence, the person by whom, assuming the offence to have been committed, it was committed;
“proceedings”, except in relation to proceedings for enforcing payment of a sum registered under Article 76, means criminal proceedings.
[F1“vehicle examiner” means an examiner appointed under Article 74 of the Order of 1995.]
(2) In this Part—
(a)references to a notice requesting a hearing in respect of an offence are references to a notice indicating that the person giving the notice wishes to contest liability for the offence or seeks a determination by a court with respect to the appropriate punishment for the offence;
(b)references to an offence include an alleged offence; and
(c)references to the person who is or was at any time the registered keeper of a vehicle are references to the person in whose name the vehicle is or was at that time registered under the [1994 c. 22.] Vehicle Excise and Registration Act 1994.
F1Art. 55(1): definition of "vehicle examiner" inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 2; S.R. 2010/370, art. 2(1), Sch. Pt. 1
Expressions defined in this PartN.I.
56. The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part listed in the right-hand column in relation to those expressions.
| (1) | (2) |
|---|---|
| Expression | Relevant provision |
| Authorised person | Article 60(8) |
| Conditional offer | Article 80(2) |
| Fixed penalty | Article 59 |
| Fixed penalty clerk | Articles 74(5) and 80(3) |
| Fixed penalty notice | Article 58 |
| Fixed penalty offence | Article 57 |
| Notice to owner | Articles 68(2) and 71(4) |
| Notice requesting a hearing in respect of an offence | Article 55(2) |
| Offence | Article 55(2) |
| Official form | Article 73(4) |
| Owner | Article 73(1) |
| Period allowed for response to a notice to owner | Article 68(5) |
| Registered keeper | Article 55(2) |
| Statutory statement of facts | Part II of Schedule 2 |
| Statutory statement of hiring | Part I of Schedule 2 |
| Statutory statement of ownership | Part I of Schedule 2 |
| Suspended enforcement period | Article 58(3)(a) |
| Time of the alleged offence | Article 68(3) |
Fixed penalty offencesN.I.
57.—(1) Subject to paragraph (3), for the purposes of this Part a “fixed penalty offence” is an offence specified in an order made under paragraph (2).
(2) The Department may by order specify as a fixed penalty offence for the purposes of this Part, any offence committed in respect of a vehicle, being an offence created under a statutory provision and punishable on summary conviction.
(3) Notwithstanding that an offence is specified by order under paragraph (2), it shall not be a fixed penalty offence for the purposes of this Part if it is committed—
(a)by causing or permitting a vehicle to be used by another person in contravention of any provision made or restriction or prohibition imposed by or under any statutory provision,F2. . .
Sub‐para. (b) rep. by 1998 NI 7
Fixed penalty noticesN.I.
58.—(1) In this Part “fixed penalty notice” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Part.
(2) A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence.
(3) A fixed penalty notice must state—
(a)the period during which, by virtue of Article 83(1), proceedings cannot be brought against any person for the offence to which the notice relates, being the period of 21 days following the date of the notice or such longer period (if any) as may be specified in the notice (referred to in this Part as the “suspended enforcement period”),
(b)the amount of the fixed penalty, and
(c)[F3the person to] to whom and the address at which the fixed penalty may be paid.
F3Words in art. 58(3)(c) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 3; S.R. 2010/370, art. 2(1), Sch. Pt. 1
Amount of fixed penaltyN.I.
59.—[F4(1)] The fixed penalty for an offence is—
(a)such amount as the Department may by order prescribe, or
(b)one-half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction,
whichever is the less.
[F5(2) Any order made under paragraph (1) in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)–
(a)the nature of the contravention constituting the offence;
(b)how serious it is;
(c)the area, or sort of place, where it takes place; and
(d)whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.]
[F6(3) Where—
(a)the fixed penalty is in respect of—
(i)a notice under Article 60 relating to an offence involving obligatory endorsement; or
(ii)a conditional offer under Article 80 relating to such an offence; and
(b)the person liable to pay the fixed penalty is over the age of 18,
the fixed penalty is increased by the amount of the offender levy determined under section 6 of the Justice Act (Northern Ireland) 2011.]
F4Art. 59 renumbered (12.9.2011) as sub - para. (1) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 22; S.R. 2011/286, art. 2, Sch.
F5Art. 59(2) inserted (12.9.2011) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 22; S.R. 2011/286, art. 2, Sch.
F6Art. 59(3) inserted (8.12.2016) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 5(5), 111(3) (with Sch. 6 para. 1); S.R. 2016/424, art. 2(c)