Article 10 Evidence

After Rule 149A insert the following new Rule 149B—

“Admissibility of records as evidence under Article 16(5) of the Road Traffic Offenders (Northern Ireland) Order 1996

149B

(1)

For the purposes of Article 16 of the Road Traffic Offenders (Northern Ireland) Order 1996 the matters described in paragraph (2) shall be admissible as evidence of any fact stated therein to the same extent as oral evidence if that fact is admissible in those proceedings.

(2)

The matters described are—

(a)

a document being, of forming part of, or submitted in connection with an application for—

(i)

an appointment for a test of competence to drive under Part II of the Order of 1981^f1;

(ii)

an appointment for an extended driving test under Article 41 of the Offenders Order;

(iii)

a driving licence and its counterpart granted under Part II of the Order of 1981;

(iv)

a provisional driving licence and its counterpart granted under Part II of the Order of 1981;

(v)

a test certificate under Article 61(2) of the Order of 1995^f2;

(vi)

a goods vehicle test certificate under Article 65(2) of the Order of 1995;

(vii)

a public service vehicle licence under Article 61 of the Order of 1981;

(viii)

an approved driving instructor’s certificate of registration or a licence under Article 132(2)(b) or 135 of the Order of 1981.

(b)

evidence of the result of—

(i)

a test of competence to drive under Part II of the Order of 1981 or,

(ii)

an extended driving test under Article 41 of the Offenders Order;

(c)

a driving licence and its counterpart granted under Part II of the Order of 1981;

(d)

a provisional driving licence and its counterpart granted under Part II of the Order of 1981;

(e)

a test certificate issued under Article 61(2) of the Order of 1995;

(f)

a goods vehicle test certificate under Article 65(2) of the Order of 1995;

(g)

a public service vehicle licence granted under Article 61 of the Order of 1981;

(h)

a public service vehicle disc issued under regulation 7 of the Public Service Vehicles Regulations (Northern Ireland) 1985^f3;

(i)

a notification of refusal to issue or grant a certificate or licence under—

(i)

Article 61(4) of the Order of 1995;

(ii)

regulation 5(1) of the Goods Vehicles (Certification) Regulations (Northern Ireland) 1990^f4;

(iii)

regulation 8(3) of the Public Service Vehicles Regulations (Northern Ireland) 1985; or

(iv)

regulation 17 of the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 1991^f5.

(j)

an approved driving instructor’s certificate under Article 132(2)(g) or licence under Article 135 of the Order of 1981;

(k)

a notice of intention to revoke a licence under Article 10 of the Order of 1981;

(l)

a notice revoking or suspending a licence under Article 61(1) (public service vehicle licences), or 73(1) (large goods vehicle and passenger-carrying vehicle driver’s licence) of the Order of 1981;

(m)

in connection with the licensing and registration of mechanically propelled vehicles under the Vehicle Excise and Registration Act 1994^f6—

(i)

a document being, or forming part of, or submitted in connection with, an application for a vehicle licence or a trade licence or in connection with a repayment of duty under section 19 of the 1994 Act or the recovery of underpayments or overpayments of duty under the 1994 Act;

(ii)

a vehicle licence, trade licence, registration book or registration mark;

(iii)

a document containing a declaration and particulars in relation to vehicles exempted from duty under the 1994 Act.

(3)

In this Rule—

(a)

“the 1994 Act” means the Vehicle Excise and Registration Act 1994;

(b)

“the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981;

(c)

“the Order of 1995” means the Road Traffic (Northern Ireland) Order 1995;

(d)

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

(e)

“certificate of competence to drive” means a certificate issued in pursuance of Regulation 37 of the Motor Vehicle (Driving Licences) Regulations (Northern Ireland) 1996^f7;

(f)

“driving licence” means a licence to drive a motor vehicle granted under Part II of the Order of 1981;

(g)

“counterpart” has the meaning assigned to it by Article 19D of the Order of 1981;

(h)

“registration book” means a registration book issued under the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973^f8;

(i)

“registration mark” has the meaning assigned to it by section 62 of the 1994 Act;

(j)

“trade licence” has the meaning assigned to it under section 11 of the 1994 Act;

(k)

“vehicle licence” means a licence for a mechanically propelled vehicle under the 1994 Act;

(l)

“the Department” means Department of the Environment.”.