Road Traffic Offenders (Additional Offences and Prescribed Devices) Order (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 375

ROAD TRAFFIC AND VEHICLES

Road Traffic Offenders (Additional Offences and Prescribed Devices) Order (Northern Ireland) 2001

Made

15th October 2001

Coming into operation

1st December 2001

The Department of the Environment, in exercise of the powers conferred on it by Article 23(3) and (9) of the Road Traffic Offenders (Northern Ireland) Order 1996(1) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Road Traffic Offenders (Additional Offences and Prescribed Devices) Order (Northern Ireland) 2001 and shall come into operation on 1st December 2001.

(2) In this Order—

“the Order of 1996” means the Road Traffic Offenders (Northern Ireland) Order 1996.

Amendment of Article 23(2) of the Road Traffic Offenders (Northern Ireland) Order 1996

2.  In Article 23 of the Order of 1996 (speeding offences etc: admissibility of certain evidence), in paragraph (2), after sub-paragraph (e) there shall be added the following sub-paragraph—

“(f) an offence under section 29(1) of the Vehicle Excise and Registration Act 1994(2) (using or keeping an unlicensed vehicle on a public road).”.

Prescribed device

3.—(1) The following device is hereby prescribed for the purposes of Article 23 of the Order of 1996—

• a device designed or adapted to register—

  (a)

  an image of a vehicle and its registration mark; and

  (b)

  the time at which the image is registered,

  and to record that information if, according to data stored by or otherwise accessible by the device, that vehicle is unlicensed.

(2) In this Article, expressions which also occur in section 29 of the Vehicle Excise and Registration Act 1994 shall be construed in accordance with section 29 of that Act.

Sealed with the Official Seal of the Department of the Environment on 15th October 2001.

L.S.

Sam Foster

Minister of the Environment

Explanatory Note

(This note is not part of the Order.)

This Order amends Article 23 of the Road Traffic Offenders (Northern Ireland) Order 1996 to add the offence of using, or keeping, an unlicensed vehicle other than an exempt vehicle on a public road to the offences to which that Article, which deals with the admissibility of certain evidence, applies. It also prescribes as devices which may be used to produce evidence under that Article automatic number plate recognition systems designed or adapted to record the presence of such a vehicle on a public road.

(1)

S.I. 1996/1320 (N.I. 10); Article 23(2) was amended by S.I. 1997/276 (N.I. 2), Schedule 8, paragraph 27 and by S.R. 1999 No. 435, Article 2

(2)

1994 c. 22; section 29 was amended by paragraph 9 of Schedule 2 to the Finance Act 1996 (c. 8)