SCHEDULES

SCHEDULE 2GIVING OF FIXED PENALTY NOTICES BY VEHICLE EXAMINERS ETC.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

4

In Article 60 (notices on-the-spot or at a police station)–

a

in the heading, for “or at a police station” substitute etc.;

b

in paragraph (1), after “uniform” insert “ , or a vehicle examiner who produces his authority, ”;

c

in paragraph (2), after “constable” insert “ or vehicle examiner ”;

d

in paragraph (3), after “constable” in each place, insert “ or vehicle examiner ”;

e

in paragraph (4)–

i

after “constable” in the first 3 places, insert “ or vehicle examiner ”;

ii

for “, within 7 days after the notice is given, he produces” substitute “ he delivers ”; and

iii

for the words from “person to” to “person concerned)” substitute “ accordance with paragraph (4A ”;

f

after that paragraph insert–

4A

Delivery must–

a

if the notice is given by a constable, be made in person, within 7 days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or

b

if the notice is given by a vehicle examiner, be made (either by post or in person), within 14 days after the notice is given, to the Department at the place specified in the notice.

g

in paragraph (5)–

i

for “produces” substitute “ delivers ”;

ii

for the words from “person to a” to “to him” substitute “ accordance with paragraph (4A) ”;

iii

in sub-paragraph (a) and in the words following sub-paragraph (b), for “constable or authorised person” substitute “ person to whom the notice under paragraph (4) is delivered ”;

iv

omit “he surrenders”; and

v

for “to the constable or authorised person” substitute “ are delivered ”;

h

in paragraph (7)–

i

after “surrendered” insert “ or delivered ”; and

ii

insert at the end “ if the fixed penalty notice was given by a constable or authorised person ”.