Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996

Applicants for and holders of a licence who are disqualified by order of a court

45.—(1) Subject to paragraphs (2) to (4), where a person’s licence is treated as having no effect by virtue of Article 194(4) of the Order the Department may—

(a) order that person to be disqualified indefinitely or for such period as the Department thinks fit under Article 74(2)(a) of the Order; or

(b) except where the licence treated as having no effect by virtue of Article 194(4) is a provisional licence, if it appears to the Department that, owing to the conduct of the person, it is expedient to require him to comply with the prescribed conditions applicable to provisional licences until he passes a test—

(i) prescribed in respect of any category of motor vehicle which he was authorised to drive by that licence, and

(ii) and which, by virtue of these Regulations, he is at that time eligible to take,

order him to be disqualified for holding or obtaining a full licence until he passes such a test under Article 74(2)(b) of the Order.

(2) Where a person’s licence is treated as having no effect by virtue of Article 194(4) of the Order and the Department would have been required to revoke that person’s large goods or passenger-carrying vehicle driver’s licence by virtue of Article 73(1)(a) of the Order and regulation 44 had he not been disqualified by order of a court, the Department must order that person to be disqualified indefinitely or for a period under Article 74(1) of the Order.

(3) The cases in which a person to whom paragraph (2) applies must be disqualified indefinitely or for a period shall be determined by the Department.

(4) Where the Department determines that a person to whom paragraph (2) applies is to be disqualified for a period that person shall be disqualified until he reaches 21 years of age or for such longer period as the Department may determine.