OpenLegislation

Paragraph 9

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to Part V, the Department shall not under Part II of the Order of 1981 grant a person whose licence and test certificate have been revoked underF1 paragraph 8, or whose Great Britain licence and Great Britain test certificate have been revoked under paragraph 8(1) F2or (1ZA) of Schedule 1 to the Road Traffic (New Drivers) Act 1995, a full licence to drive any class of vehicles mentioned in sub-paragraph (4), unless he satisfies the Department that within the relevant period he has passed a relevant driving test.

(2)

In this paragraph “relevant driving test” means any test which—

(a)

falls within sub-paragraph (a) or (b) of Article 3(2); and

(b)

is a test of competence to drive any vehicle included in any class of vehicles mentioned in sub-paragraph (4).

(3)

If the Department grants a full licence to a person who is required to pass a relevant driving test in order to be granted that licence, the licence granted shall (subject to Articles 9 and 70 to 79A of the Order of 1981) be one authorising that person to drive all the classes of vehicles mentioned in sub-paragraph (4).

(4)

The classes of vehicles are—

(a)

any class of vehicles in relation to which the revoked licence was issued as a full licence; and

(b)

any class of vehicles—

(i)

that he was treated under Article 14(2) of the Order of 1981, or under section 98(2) of the Road Traffic Act 1988, as authorised to drive under a provisional licence; or

(ii)

in relation to which the revoked licence was issued as a provisional licence, and that, immediately before the test certificate was revoked, he was permitted to drive without observing prescribed conditions.

(5)

In sub-paragraph (1) “the relevant period” means the period beginning—

(a)

after the date of the revocation of the licence and the test certificate; and

(b)

not more than 2 years before the date on which the application for the full licence is made.

Annotations

Textual amendments

F1

2003 NI 16

F2

Words in Sch. 1 para. 9 inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 16, Sch. 2 para. 25(h) (with art. 84); S.R. 2010/370, art. 2(1), Sch. Pt. 1

Notes on the whole Order

Textual amendments

F1

Order: functions transferred from Lord Chancellor to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 48 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)