SCHEDULES
Articles 3, 4, 9, 13, 30, 34, 60, 66, 80 and 81.
SCHEDULE 1N.I.PROSECUTION AND PUNISHMENT OF OFFENCES
PART IN.I.OFFENCES UNDER THE ROAD TRAFFIC ORDERS
Offences under the Order of 1981
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
|---|---|---|---|---|---|---|
| Provision creating offence | General nature of offence | Mode of prosecution | Punishment | Disqualification | Endorsement | Penalty points |
| Article 3(1) | Driving without a licence. | Summarily. | Level 3 on the standard scale. | Discretionary if committed by driving a motor vehicle in a case where either no licence authorising the driving of that vehicle could have been granted to the offender or, if a provisional (but no other) licence to drive it could have been granted to him, the driving would not have complied with the conditions of the licence. | Obligatory if committed as described in column 5. | 3-6 |
| Article 3(2) | Causing or permitting a person to drive without a licence. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 9(10) | Failure to deliver a licence and counterpart revoked by virtue of Article 9(8) to Department. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 10(3) | Failure to deliver revoked licence and counterpart to Department. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 11(3) | Failure to notify Department of onset of, or deterioration in, relevant or prospective disability[F1 and that provision as applied by Article 15D[F2 or 19H].] | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 13 | Failure to comply with any conditions prescribed for driving under provisional licence. | Summarily. | Level 3 on the standard scale. | Discretionary | Obligatory. | 3-6 |
| Article 14 | Failure to comply with any conditions prescribed for driving under provisional licence where conditions applicable to driving under full licence. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3-6 |
| Article 15(7) | Driving licence holder failing, when his licence is revoked, to surrender it and its counterpart or, when particulars become incorrect, to surrender the licence and counterpart and give particulars. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| [F1Article 15B(11)[F2 and that paragraph as applied by Article 19F(5)]] | [F1Driving after failure to comply with a requirement under Article 15B(6), (7) or (10)[F2 or a requirement under Article 15B(6) or (7) as applied by Article 19F(5)].] | [F1Summarily.] | [F1Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F1Article 15C(4)] | [F1Failure to deliver Community licence and its counterpart to Department when required by notice under Article 15C.] | [F1Summarily.] | [F1Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| Article 19 | Exceeding speed limit in vehicle required to display or displaying learner-driver's mark. | Summarily. | (i) Where the mark is required to be displayed, level 3 on the standard scale. | Discretionary if committed as described in column 4(i). | Obligatory if committed as described in column 4(i). | 3-6 if committed as described in column 4(i). |
| ␣ | ␣ | ␣ | (ii) Where the mark is not required to be displayed, level 2 on the standard scale. | ␣ | ␣ | ␣ |
| Article 19A | Failure to comply with restriction on restricted drivers. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory | [F3(a) 3-6 if committed by contravening the specified restriction under paragraph (5)(b) of Article 19A (driving at a speed exceeding 45 miles per hour.); (b) 2 if committed only by contravening the specified restriction under paragraph (5)(a) of Article 19A (failure to display restricted driver's mark.)] |
| Article 19B | Exceeding speed limit in vehicle displaying restricted driver's mark where mark is not required to be displayed. | Summarily. | Level 2 on the standard scale. | ␣ | ␣ | ␣ |
| F2. . . | F2. . . | F2. . . | F2. . . | ␣ | ␣ | ␣ |
| F4. . . | F4. . . | F4. . . | F4. . . | ␣ | ␣ | ␣ |
| [F2Article 19G(4).] | [F2Failure to deliver Great Britain licence to the Department when required by notice under Article 19G.] | [F2Summarily.] | [F2Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| Article 31E(1) | Using, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 31E(2) | Using, etc., motor vehicle with alteration required to be but not notified to Department under Article 31B. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 31E(5) | Selling, etc., motor vehicle or vehicle part without required certificate being in force showing that it complies with type approval requirements applicable to it. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 31F | Failure to hold EC certificate of conformity for unregistered light passenger vehicle[F5 or motor cycle]. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 31G | Light passenger vehicles[F5 and motor cycle] not to be sold without EC certificate of conformity. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 56 | Driving, or causing or permitting the driving of, goods vehicle in excess of prescribed hours. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 59 | Public service vehicle plying for hire where driver not licensed. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 60 | Public service vehicle plying for hire when not licensed under Article 61. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 62(2) | Permitting overcrowding on public service vehicle. | Summarily. | Level 2 on the standard scale. | ␣ | ␣ | ␣ |
| Article 62(4) | Failure to produce to court licence granted under Article 61. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 64 | Owner of public service vehicle failing to provide alternative transport. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 66 | Contravention of Community provision as to keeping or production of documents. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 72 | Failing to comply with conditions of LGV[F1 PCV licence or LGV Community licence] causing or permitting person under 21 to drive LGV or PCV in contravention of such conditions. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| [F1Article 73A(4)] | [F1Failure to deliver LGV or PCV Community licence when required by notice under Article 73A.] | [F1Summarily.] | [F1Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| Article 75 | Failure to deliver revoked or suspended LGV or PCV licence and its counterpart to Department. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 77(4) | Contravention of provision of regulations (which is declared by regulations to be an offence) about LGV or PCV drivers' licences[F1 or LGV or PCV Community licences.] | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 79A | Driving without a taxi driver's licence. | Summarily. | Level 3 on the standard scale. | Discretionary if committed by driving a taxi where no licence authorising the driving of that vehicle could have been granted. | Obligatory if committed as described in column 5. | 3-6 |
| Article 81(1) | Driving, or causing or permitting the driving of, motor vehicle in contravention of applicable Community rules as to periods of driving, etc. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 81(2) | Contravention of requirement of applicable Community rules as to books, records or documents. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 81(3) | Making, or causing to be made, false entry in book, record or document kept for purposes of applicable Community rules. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 82 | Failure to produce, etc., books, records or documents; obstructing inspector of vehicles. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 86 | Driving, or causing or permitting the driving of, vehicle in contravention of a prohibition under Article 84, or refusing, neglecting or otherwise failing to comply with a direction given under Article 84(3). | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 90 | Driving, or causing or permitting a person to drive, motor vehicle while uninsured. | Summarily. | Level 5 on the standard scale. | Discretionary. | Obligatory. | 6-8 |
| Article 95 | Failure to surrender certificate on cancellation of insurance policy or security. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 96 | Failure of person against whom claim made to give information as to insurance or security. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 97 | Failure to give information or to produce certificate, or making false reply or false statement as to insurance. | Summarily. | Level 4 on the standard scale. NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180. | ␣ | ␣ | ␣ |
| F4. . . | F4. . . | F4. . . | F4. . . | ␣ | ␣ | ␣ |
| Article 132(3) | Taking, etc., title implying registration as driving instructor. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 132(5) | Making of false statement, etc., to obtain registration, etc., as driving instructor. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 133 | Giving of paid driving instruction by unregistered or unlicensed persons or their employers. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 136 | Failure to surrender certificate or licence within 14 days of notice. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 137 | Failure to produce certificate of registration or licence as driving instructor. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 154(1) | Driving with uncorrected defective eyesight. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3 |
| Article 154(2) | Refusal to submit to test to ascertain whether offence committed under Article 154(1). | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3 |
| F4. . . | F4. . . | F4. . . | F4. . . | F4. . . | F4. . . | F4. . . |
| Article 166(1)(a) | Applying for or obtaining driving licence or provisional licence while disqualified by reason of being under age. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 166(1)(b) | Applying for or obtaining driving licence or provisional licence while otherwise disqualified. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 167(1)(a) | Driving motor vehicle while disqualified by reason of being under age. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3-6 |
| Article 167(1)(b) | Driving motor vehicle while otherwise disqualified. | (a) Summarily. | (a) The statutory maximum or 6 months or both. | Discretionary. | Obligatory. | 6 |
| ␣ | ␣ | (b) On indictment. | (b) A fine or 1 year or both. | ␣ | ␣ | ␣ |
| Article 167(3) | Causing or permitting a person to drive while under age. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| F4. . . | F4. . . | F4. . . | F4. . . | ␣ | ␣ | ␣ |
| Article 172 | Taking vehicle without owner's consent:— | ␣ | ␣ | ␣ | ␣ | ␣ |
| ␣ | Where vehicle is a cycle. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| ␣ | Where vehicle is a vehicle other than a cycle. | (a) Summarily. | (a) The statutory maximum or 6 months or both. | Discretionary if committed in respect of a vehicle other than a cycle. | ␣ | ␣ |
| ␣ | ␣ | (b) On indictment. | (b) A fine or 1 year or both. | ␣ | ␣ | ␣ |
| [F6Article 172A] | [F6Aggravated vehicle‐taking.] | [F6(a) Summarily] | [F6The statutory maximum or six months or both] | [F6Obligatory] | [F6Obligatory] | [F63‐11] |
| ␣ | ␣ | [F6(b) On indictment] | [F65 years or a fine or both.] | ␣ | ␣ | ␣ |
| [F6Article 172B] | [F6Aggravated vehicle‐taking causing death or grievous bodily injury.] | [F6On indictment] | [F614 years or a fine or both] | [F6Obligatory] | [F6Obligatory] | [F63‐11] |
| Article 174(1) | Making false or misleading statements, furnishing false or misleading particulars or withholding material information in connection with applications for licences or certificates under the Order of 1981 or for obtaining certificate of insurance or security or issuing false certificate of insurance or security. | Summarily | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 174(2) | Forgery or fraudulently altering, etc., identification marks, badges,[F7 documents issued as evidence of the result of a test of competence to drive,] licences,[F1 counterparts of community licences,] certificates or certificates of insurance, etc. | (a) Summarily. | (a) The statutory maximum. | ␣ | ␣ | ␣ |
| ␣ | ␣ | (b) On indictment. | (b) A fine or 2 years or both. | ␣ | ␣ | ␣ |
| F4. . . | F4. . . | F4. . . | F4. . . | ␣ | ␣ | ␣ |
| Article 175(2) | Failure of driver of mechanically propelled vehicle to comply with duties on occurrence of accident caused by that vehicle. | Summarily. | Level 5 on the standard scale or 6 months or both. NOTE: If in any case the offence consists only in failure to produce a certificate of insurance or security the punishment is that provided for an offence under Article 180. | Discretionary. | Obligatory. | 5-10 |
| Article 175(5) | Failure of owner of mechanically propelled vehicle to comply with duties on occurrence of accident where vehicle driven by person other than owner. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 176 | Failure to comply with duties on occurrence of other accidents. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 177 | Failure of driver or owner of vehicle or other person required to do so, to give information for purposes of identification to police. | Summarily. | Level 3 on the standard scale. | Discretionary if committed under Article 177(1)(b) or (c) and otherwise than by virtue of section 20(2) of the Interpretation Act (Northern Ireland) 1954. | Obligatory if committed as described in column (5). | [F86] |
| Article 178 | Failure of cyclist to give information for purposes of identification to police. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 179 | Failure of pedestrian to give information for purposes of identification to police. | Summarily. | Level 1 on the standard scale. | ␣ | ␣ | ␣ |
| Article 180 | Failing to stop when so required by constable in uniform, failing to produce licence etc. for examination or to state date of birth, failing to provide Department with evidence of date of birth, etc., or obstructing etc. police. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| F4. . . | F4. . . | F4. . . | F4. . . | ␣ | ␣ | ␣ |
F1SR 1997/241
F5SI 1999/2920
F8Word in Sch. 1 Pt. I relating to entry for "Article 177 of the Order of 1981" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 4; S.R. 2007/302, art. 2, Sch.
Offences under the Order of 1995
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
|---|---|---|---|---|---|---|
| Provision creating offence | General nature of offence | Mode of prosecution | Punishment | Disqualification | Endorsement | Penalty points |
| Article 9 | Causing death, or grievous bodily injury, by dangerous driving. | On indictment. | [F914 years] or a fine or both. | Obligatory. | Obligatory. | 3-11 |
| Article 10 | Dangerous driving. | (a) Summarily. | (a) 6 months or the statutory maximum or both. | Obligatory. | Obligatory. | 3-11 |
| ␣ | ␣ | (b) On indictment. | (b)[F6 5 years] or a fine or both. | ␣ | ␣ | ␣ |
| Article 12 | Careless, and inconsiderate, driving. | Summarily. | [F10Level 5] on the standard scale. | Discretionary. | Obligatory. | 3-9 |
| Article 14 | Causing death, or grievous bodily injury, by careless driving when under influence of drink or drugs. | On indictment. | [F914 years] or a fine or both. | Obligatory. | Obligatory. | 3-11 |
| Article 15(1) | Driving or attempting to drive when unfit to drive through drink or drugs. | Summarily. | 6 months or level 5 on the standard scale or both. | Obligatory. | Obligatory. | 3-11 |
| Article 15(2) | Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs. | Summarily. | 3 months or level 4 on the standard scale or both. | Discretionary. | Obligatory. | 10 |
| Article 16(1)(a) | Driving or attempting to drive with excess alcohol in breath, blood or urine. | Summarily | 6 months or level 5 on the standard scale or both. | Obligatory. | Obligatory. | 3-11 |
| Article 16(1)(b) | Being in charge of a motor vehicle with excess alcohol in breath, blood or urine. | Summarily. | 3 months or level 4 on the standard scale or both. | Discretionary. | Obligatory. | 10 |
| Article 17 | Failing to provide a specimen of breath for a preliminary breath test. | Summarily | Level 3 on the standard scale. | Discretionary. | Obligatory. | 4 |
| Article 18 | Failing to provide specimen for analysis or laboratory test. | Summarily. | (a) Where the specimen was required to ascertain ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both. | (a) Obligatory in case mentioned in column 4(a). | Obligatory | (a) 3-11 in case mentioned in column 4(a). |
| ␣ | ␣ | ␣ | (b) In any other case, 3 months or level 4 on the standard scale or both. | (b) Discretionary in any other case. | ␣ | (b) 10 in any other case. |
| [F11Article 18A(6)] | [F11Failing to allow specimen to be subjected to laboratory test.] | [F11Summarily.] | [F11(a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.] | [F11(a) Obligatory in the case mentioned in column 4(a).] | [F11Obligatory] | [F11(a) 3-11, in the case mentioned in column 4(a).] |
| ␣ | ␣ | ␣ | [F11(b) In any other case, 3 months or level 4 on the standard scale or both.] | [F11(b) Discretionary in any other case.] | ␣ | [F11(b) 10, in any other case.] |
| Article 23 | Driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts. | Summarily. | Level 2 on the standard scale. | [F12Discretionary.] | [F12Obligatory.] | [F12(a) 3 if committed by driving a motor vehicle in contravention of regulations requiring wearing of seat belts. (b) 2 if committed by riding in a motor vehicle in contravention of regulations requiring wearing of seat belts.] |
| Article 24(2) | Driving motor vehicle with child in front not wearing seat belt[F13or with child in a rear-facing child restraint in front seat with an active air bag.] | Summarily. | Level 2 on the standard scale. | [F14Discretionary.] | [F14Obligatory.] | [F143] |
| Article 24(5) | Driving motor vehicle with child in rear not wearing seat belt. | Summarily. | [F15Level 2] on the standard scale. | [F16Discretionary.] | [F16Obligatory.] | [F163] |
| [F17Article 24A (4)] | [F17Failure to notify bus passengers of the requirement to wear seat belts.] | [F17Summarily.] | [F17Level 4 on the standard scale.] | ␣ | ␣ | ␣ |
| Article 26(3) or (4) | Selling, etc., in certain circumstances equipment as conducive to the safety of children in motor vehicles. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 27 | Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear. | Summarily. | Level 2 on the standard scale. | ␣ | ␣ | ␣ |
| Article 28 | Selling, etc., helmet not of the prescribed type as helmet for affording protection for motor cyclists. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 29(3) | Contravention of regulations with respect to use of head-worn appliances on motor cycles. | Summarily. | Level 2 on the standard scale. | ␣ | ␣ | ␣ |
| Article 29(4) | Selling, etc., appliance not of prescribed type as approved for use on motor cycles. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 30 | Prohibition of parking of heavy commercial vehicles on verges, etc. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 32 | Leaving vehicles in dangerous positions. | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicle. | Obligatory if committed in respect of a motor vehicle. | 3 |
| Article 33 | Causing danger to road-users. | (a) Summarily. | (a) 6 months or the statutory maximum or both. | ␣ | ␣ | ␣ |
| ␣ | ␣ | (b) On indictment. | (b) 7 years or a fine or both. | ␣ | ␣ | ␣ |
| Article 34 | Carrying passenger on motor bicycle contrary to Article 34. | Summarily. | Level 3 on the standard scale. | Discretionary. | Obligatory. | 3 |
| Article 35 | Carrying passenger on a bicycle contrary to Article 35. | Summarily. | Level 1 on the standard scale. | ␣ | ␣ | ␣ |
| Article 36 | Tampering with motor vehicles. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 37 | Holding or getting on to vehicle, etc., in order to be towed or carried. | Summarily. | Level 1 on the standard scale. | ␣ | ␣ | ␣ |
| Article 38 | Pedestrian endangering own safety or other's safety. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 39 | Passing incorrectly with led horse. | Summarily. | Level 2 on the standard scale. | ␣ | ␣ | ␣ |
| Article 40 | Drunkenness, etc., in charge of horse-drawn vehicle. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 41 | Careless, and inconsiderate, driving of horse-drawn vehicle. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 42 | Dangerous cycling. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 43 | Careless, and inconsiderate, cycling. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 44 | Cycling when unfit through drink or drugs. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | |
| Article 45(1) | Unauthorised or irregular cycle racing or trials of speed on public roads. | Summarily. | Level 1 on the standard scale. | ␣ | ␣ | ␣ |
| Article 45(6) | Contravention of direction of Chief Constable. | Summarily. | Level 1 on the standard scale. | ␣ | ␣ | ␣ |
| Article 46 | Contravening prohibition on persons under 14 driving electrically assisted pedal cycles. | Summarily. | Level 2 on the standard scale. | ␣ | ␣ | ␣ |
| Article 47 | Unauthorised motor vehicle trial on public paths, etc. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 48 | Driving mechanically propelled vehicles elsewhere than on roads. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 49 | [F3Contravention of directions] | Summarily. | Level 3 on the standard scale. | Discretionary if committed in respect of a motor vehicleF3. . . | Obligatory if committed as described in column 5. | 3 |
| [F3Article 50] | [F3Contravention of traffic signs.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | [F3Discretionary if committed in respect of a motor vehicle by failure to comply with an indication given by a sign specified for the purposes of this entry in regulations under Article 50(5) of the Order of 1995.] | [F3Obligatory if committed as described in column 5.] | [F33] |
| Article 54 | Using vehicle in dangerous condition, etc. | Summarily. | (a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers. | [F18(a) Obligatory if committed within 3 years of a previous conviction of the offender under Article 54.] | Obligatory. | 3 |
| ␣ | ␣ | ␣ | (b) Level 4 on the standard scale in any other case. | [F18(b) Discretionary in any other case.] | ␣ | ␣ |
| Article 56 | Breach of requirement as to brakes, steering-gear or tyres. | Summarily. | (a) Level 5 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers. | Discretionary. | Obligatory. | 3 |
| ␣ | ␣ | ␣ | (b) Level 4 on the standard scale in any other case. | ␣ | ␣ | ␣ |
| [F19Article 56A] | [F19Breach of requirements as to control of vehicle, mobile telephones etc.] | [F19Summarily.] | [F19(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers. (b) Level 3 on the standard scale in any other case.] | [F19Discretionary.] | [F19Obligatory.] | [F193] |
| Article 57 | Breach of requirement as to weight: goods and passenger vehicles. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 58 | Breach of other construction and use requirements. | Summarily. | (a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than 8 passengers. | ␣ | ␣ | ␣ |
| ␣ | ␣ | ␣ | (b) Level 3 on the standard scale in any other case. | ␣ | ␣ | ␣ |
| Article 63 | Using, etc., vehicle without required test certificate being in force. | Summarily. | (a) Level 4 on the standard scale in the case of a vehicle adapted to carry more than 8 passengers. | ␣ | ␣ | ␣ |
| ␣ | ␣ | ␣ | (b) Level 3 on the standard scale in any other case. | ␣ | ␣ | ␣ |
| Regulations under Article 65 made by virtue of Article 67(2) | Contravention of requirement of regulations (which is declared by regulations to be an offence) that driver of goods vehicle being tested be present throughout test or drive, etc., vehicle as and when directed. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 69(1) | Using, etc., goods vehicle without required plating certificate being in force. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 69(2) | Using, etc., goods vehicle without required goods vehicle test certificate being in force. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 69(3) | Using, etc., goods vehicle where Department is required by regulations under Article 65 to be notified of an alteration to the vehicle or its equipment but has not been notified. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 70 | Using goods vehicle with unauthorised weights as well as authorised weights marked on it. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 71 | Driver of goods vehicle allowing unauthorised passengers to be carried in vehicle; unauthorised passengers being carried in goods vehicle. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 75 | Obstructing testing of vehicle by examiner on road or failing to comply with requirements of Article 75. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 76 | Obstructing inspection, etc., of vehicle by examiner or failing to comply with requirement to take vehicle for inspection. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 80 | Driving, etc., vehicle in contravention of prohibition on driving it as being unfit for service, or refusing, neglecting or otherwise failing to comply with direction to remove a vehicle found overloaded. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 82 | Contravention of regulations requiting goods vehicle operator to inspect, and keep records of inspection of, goods vehicles. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 83 | Selling, etc., unroadworthy vehicle or trailer or altering vehicle or trailer so as to make it unroadworthy. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 84(1) | Fitting of defective or unsuitable vehicle parts. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 84(3) | Supplying defective or unsuitable vehicle parts. | Summarily. | Level 4 on the standard scale. | ␣ | ␣ | ␣ |
| Article 84(8) | Obstructing examiner testing vehicles to ascertain whether defective or unsuitable part has been fitted, etc. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 85 | Obstructing examiner testing condition of used vehicles at sale rooms, etc. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 86 | Failing to comply with requirement about weighing motor vehicle or obstructing authorised person. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Article 88 | Selling, etc., cycle in contravention of regulations as to brakes, bells, etc. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 90 | Selling, etc., wrongly made tail lamps or reflectors. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
| Schedule 1 paragraph 4 | Applying warranty to equipment, protective helmet, appliance or information in defending proceedings under Article 26, 28 or 29(4) where no warranty given, or applying false warranty. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
F10Words in Sch. 1 Pt. I relating to entry for "Article 12 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 7; S.R. 2007/302, art. 2, Sch.
F12Words in Sch. 1 Pt. I relating to entry for "Article 23 of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007 for certain purposes, otherwise prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(a); S.R. 2007/302, art. 2, Sch.
F13Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(a)
F14Words in Sch. 1 Pt. I relating to entry for "Article 24(2) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(b); S.R. 2007/302, art. 2, Sch.
F15Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 8; S.R. 2007/302, art. 2, Sch.
F16Words in Sch. 1 Pt. I relating to entry for "Article 24(5) of the Road Traffic (Nothern Ireland) Order 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 3(c); S.R. 2007/302, art. 2, Sch.
F17Sch. 1 Pt. I entry for "Article 24A(4) of the Road Traffic (Northern Ireland) Order 1995" inserted (27.2.2007) by Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/7), reg. 7(b)
F18Words in Sch. 1 Pt. I relating to entry for "Article 54 of the Order of 1995" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 9(2); S.R. 2007/302, art. 2, Sch.
F19Sch. 1 Pt. I entry for "Article 56A of the Order of 1995" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 6(3); S.R. 2007/302, art. 2, Sch.
Offences under this Order
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
|---|---|---|---|---|---|---|
| Provision creating offence | General nature of offence | Mode of prosecution | Punishment | Disqualification | Endorsement | Penalty points |
| Article 27 | Failing to give information as to date of birth or sex to court or to provide Department with evidence of date of birth, etc. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 28 | Failing to produce licence and counterpart to court making order for interim disqualification. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 29 | Failing to produce licence and counterpart to court for endorsement on conviction of offence involving obligatory or discretionary disqualification. | Summarily. | Level 3 on the standard scale. | ␣ | ␣ | ␣ |
| Article 67(2) | Removing fixed penalty notice fixed to vehicle. | Summarily. | Level 2 on the standard scale. | ␣ | ␣ | ␣ |
| Article 72 | False statement in response to notice to owner. | Summarily. | Level 5 on the standard scale. | ␣ | ␣ | ␣ |
[F3Offences under the Road Traffic Regulation (Northern Ireland) Order 1997]
| [F3(1)] | [F3(2)] | [F3(3)] | [F3(4)] | [F3(5)] | [F3(6)] | [F3(7)] |
|---|---|---|---|---|---|---|
| [F3Provision creating offence] | [F3General nature of offence] | [F3Mode of prosecution] | [F3Punishment] | [F3Disqualification] | [F3Endorsement] | [F3Penalty points] |
| [F3Article 3] | [F3Contravention of rule of road or overtaking incorrectly.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 4] | [F3Contravention of traffic regulation order.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 5] | [F3Contravention of experimental traffic control scheme.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 7] | [F3Contravention of temporary prohibition or restriction.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | [F20Discretionary if committed by contravening temporary speed restriction under Article 7(3)(b).] | [F20Obligatory if committed as described in column (5).] | [F203-6 if as described in column (5)] |
| [F3Article 8] | [F3Contravention of general traffic regulations.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 14(1)] | [F3Contravention of order as to use of parking place.] | [F3Summarily.] | [F3(a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles or in an off-street parking place reserved for such vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.] | ␣ | ␣ | ␣ |
| ␣ | ␣ | ␣ | [F3(b) Level 2 on the standard scale in any other case.] | ␣ | ␣ | ␣ |
| [F3Article 14(2)] | [F3Misuse of apparatus for collecting charges or of parking device or connected apparatus.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 14(9)] | [F3Failure to give information as to identity of driver.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 19(1)] | [F3Certain contraventions of order relating to designated parking place by driver.] | [F3Summarily.] | [F3(a) Level 3 on the standard scale in the case of an offence committed by a person in a street parking place reserved for disabled persons' vehicles where that person would not have been guilty of that offence if the motor vehicle in respect of which it was committed had been a disabled person's vehicle.] | ␣ | ␣ | ␣ |
| ␣ | ␣ | ␣ | [F3(b) Level 2 on the standard scale in any other case.] | ␣ | ␣ | ␣ |
| [F3Article 19(3)] | [F3Other contraventions of order relating to designated parking place by driver or person.] | [F3Summarily.] | [F3Level 2 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 19(4)] | [F3Tampering with parking meter.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 22] | [F3Interference with parking devices or apparatus.] | [F3Summarily.] | [F3Level 2 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 23] | [F3Mishandling or faking parking devices, etc.] | [F3(a) Summarily.] | [F3The statutory maximum.] | ␣ | ␣ | ␣ |
| ␣ | ␣ | [F3(b) On indictment.] | [F32 years or a fine or both.] | ␣ | ␣ | ␣ |
| [F3Article 24] | [F3Public service vehicle plying for hire in parking place.] | [F3Summarily.] | [F3Level 2 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 30] | [F3Contravention relating to prescribed warning devices.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 31] | [F3Failure to provide signs or devices warning of road works.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 33] | [F3Interference with, or damage to, traffic signs.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 34(1)] | [F3Placing unauthorised traffic sign. etc.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 34(4)] | [F3Obstructing removal of traffic sign, etc.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 43] | [F3Contravening speed limit.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | [F3Discretionary if committed by exceeding a speed limit.] | [F3Obligatory if committed as described in column 5.] | [F33-6 if as described in column 5.] |
| [F3Article 50] | [F3Obstructing removal of vehicle.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 56] | [F3Wrongful use of disabled person's badge.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 57] | [F3Failure to produce disabled person's badge.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
| [F3Article 59] | [F3Contravention of regulations relating to pedestrian crossings.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | [F3Discretionary if committed in respect of a motor vehicle.] | [F3Obligatory if committed in respect of a motor vehicle.] | [F33] |
| [F3Article 60] | [F3Failure to stop at school crossing] | [F3Summarily.] | [F3Level 3 on the standard scale.] | [F3Discretionary if committed in respect of a motor vehicle.] | [F3Obligatory if committed in respect of a motor vehicle.] | [F33] |
| [F3Article 61(3)] | [F3Continuing contravention of order as to use of parking place.] | [F3Summarily.] | [F3One-tenth of the amount applicable for an offence under Article 14(1) for each day on which the contravention continues.] | ␣ | ␣ | ␣ |
| [F3Article 66] | [F3Contravention of notice relating to use of vehicle on bridge.] | [F3Summarily.] | [F3Level 3 on the standard scale.] | ␣ | ␣ | ␣ |
F20Words in Sch. 1 Pt. I relating to entry for "Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997" substituted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 5(1); S.R. 2007/302, art. 2, Sch.
PART IIN.I.OTHER OFFENCES
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Offence | Disqualification | Endorsement | Penalty points |
| Manslaughter by the driver of a motor vehicle. | Obligatory. | Obligatory. | 3-11 |
| Stealing or attempting to steal a motor vehicle. | Discretionary. | ␣ | ␣ |
| An offence or attempt to commit an offence in respect of a motor vehicle under section 12 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (taking conveyance without consent of owner etc. or, knowing it has been so taken, driving it or allowing oneself to be carried in it). | Discretionary. | ␣ | ␣ |
| An offence under section 24 of the Theft Act (Northern Ireland) 1969 (going equipped for stealing, etc.) committed with reference to the theft or taking of motor vehicles. | Discretionary | ␣ | ␣ |
| F21. . . | F21. . . | F21. . . | F21. . . |
| An offence under Article 20 of the Roads (Northern Ireland) Order 1993 of using a special road in contravention of paragraph (1) or (2) of that Article or of regulations made under paragraph (3) of that Article. | Discretionary if committed in respect of a motor vehicle otherwise than by unlawfully stopping or allowing the vehicle to remain at rest on a part of a special road on which vehicles are in certain circumstances permitted to remain at rest. | Obligatory if committed as mentioned in column 2. | 3-6 if committed in respect of a speed restriction or 3 in any other case. |
Article 73.
SCHEDULE 2N.I.STATUTORY STATEMENTS
PART IN.I.STATUTORY STATEMENT OF OWNERSHIP OR HIRING
1.—(1) or the purposes of Part IV of this Order, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—N.I.
(a)he was never the owner, or
(b)he ceased to be the owner before, or became the owner after, that time,
and in a case within paragraph (b), stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.
(2) An official form for a statutory statement of ownership shall—
(a)indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and
(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.
2.—(1) For the purposes of Part IV of this Order, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—N.I.
(a)whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and
(b)if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.
(2) An official form for a statutory statement of hiring shall—
(a)indicate that the person providing the statement in pursuance of a notice relating to an offence served under Article 68 by virtue of Article 71 may give notice requesting a hearing in respect of the offence in the manner specified in the form, and
(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.
(3) In sub-paragraph (1) “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in Article 71.
PART IIN.I.STATUTORY STATEMENT OF FACTS
3.—(1) For the purposes of Part IV of this Order, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—N.I.
(a)states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and
(b)states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.
(2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.
(3) An official form for a statutory statement of facts shall indicate—
(a)that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,
(b)that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and
(c)that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,
but that, in a case within paragraph (c), the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) until 2 months have elapsed from the end of the period so stated without service of a summons in respect of the offence on the person identified in that statement as the driver of the vehicle.
N.I.
Schedule 3—Amendments
N.I.
Schedule 4—Repeals