The Driving Licences (Community Driving Licence) Regulations (Northern Ireland) 1997

5.—(1) Article 41 (disqualification until test is passed) shall be amended as follows.

(2) In paragraph (11)—

(a) in sub-paragraph (a)—

(i) for “member State” there shall be substituted “EEA State”, and

(ii) the words from “(as” to “1981)” shall be omitted, and

(b) in sub-paragraph (b), for “that Order” there shall be substituted “the Order of 1981”.

(3) After paragraph (11) there shall be inserted—

“(11A) In paragraph (11) “designated country or territory” means a country or territory designated under Article 19D(2) of the Order of 1981(1).”

(6) After Article 92 (penalty for breach of regulations) there shall be inserted—

“Application to Community licence holders

92A.— (1) The references in Articles 11, 28(4), (5) and (6)(b), 29, 31(1), 32, 33, 47(6), 49(1), 51(2), 52(3) and 53 to a licence include references to a Community licence; and accordingly the reference in Article 29(2)(b) to the suspension of a licence is to be construed in relation to a Community licence as a reference to the Community licence holder ceasing to be authorised by virtue of Article 15A(1) of the Order of 1981 to drive in Northern Ireland a motor vehicle of any class.

(2) The references in Articles 28(6)(a) and 29(2) to a new licence include references to a counterpart of a Community licence.

(3) In relation to a Community licence holder to whom a counterpart is issued under Article 15B of the Order of 1981, the references in Part IV of this Order to a licence include references to a Community licence.

(4) Where a court orders the endorsement of the counterpart of any Community licence held by a person, it must send notice of the endorsement to the Department.

(5) Where a court orders the holder of a Community licence to be disqualified, it must send the Community licence and its counterpart (if any), on their being produced to the court, to the Department.

(6) A notice sent by a court to the Department in pursuance of paragraph (4) must be sent in such manner and to such address and contain such particulars as the Department may determine, and a Community licence and its counterpart (if any) so sent in pursuance of paragraph (5) must be sent to such address as the Department may determine.

(7) Where a Community licence held by a person who is ordered by the court to be disqualified is sent to the Department in pursuance of paragraph (5), the Department—

(a) must send to the licensing authority in the EEA State in respect of which the Community licence was issued the holder’s name and address and particulars of the disqualification, and

(b) must (subject to paragraph (8)) return the Community licence to the holder—

(i) on the expiry of the period of disqualification, or

(ii) if earlier, on being satisfied that the holder has left Northern Ireland and is not normally resident there.

(8) Where—

(a) the Department would, apart from this paragraph, be under a duty on the expiry of the period of disqualification to return a Community licence to a person in pursuance of paragraph (7)(b)(i), but

(b) at that time, the person would not be authorised by virtue of Article 15A(1) of the Order of 1981 to drive in Northern Ireland a motor vehicle of any class,

the Department must send the Community licence to the licensing authority in the EEA State in respect of which it was issued and explain to them its reasons for so doing.

(9) A Community licence to be returned to any person under paragraph (7) may be returned to him by delivering it to him or by leaving it at his proper address or by sending it to him by post; and for the purposes of this paragraph and section 24 of the Interpretation Act (Northern Ireland) 1954 in its application to this paragraph the proper address of any person shall be his latest address as known to the person returning the Community licence.

(10) In this Article “period of disqualification” means, in relation to a Community licence holder, the period for which he is ordered by the court to be disqualified (otherwise than under Article 41).

Effect of endorsement on Community licence holders

92B.— (1) An order that any particulars or penalty points are to be endorsed on the counterpart of any Community licence held by the person convicted shall operate as an order that—

(a) the counterpart of any Community licence which he may then hold, or

(b) the counterpart of any licence or Community licence which he may subsequently obtain,

is to be so endorsed until he becomes entitled under paragraph (3) to have a counterpart of his Community licence, or a licence and its counterpart, issued to him free from the particulars or penalty points.

(2) On the issue of a new counterpart of a Community licence or a new licence to a person, any particulars or penalty points ordered to be endorsed on the counterpart of any Community licence held by him shall be entered on the new counterpart or the counterpart of the new licence (as the case may be) unless he has become entitled under paragraph (3) to have a new counterpart of his Community licence or a new licence issued to him free from those particulars or penalty points.

(3) A person the counterpart of whose Community licence has been ordered to be endorsed is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective (as determined in accordance with Article 50(4))—

(a) a new counterpart of any Community licence then held by him free from the endorsement if he makes an application to the Department for that purpose in such manner as the Department may determine, or

(b) a new licence with a counterpart free from the endorsement if he applies for a new licence in pursuance of Article 13(1) of the Order of 1981, surrenders any subsisting licence and its counterpart, pays the fee prescribed by regulations under Part II of that Order and satisfies the other requirements of Article 13(1).”

(1)

Article 19D was substituted by S.I. 1991/197 (N.I. 3) Schedule 1