OpenLegislation

Article 2 General interpretation

Northern Ireland

(1)

The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2)

In this Order—

  • “carriage of goods” includes the haulage of goods;

  • “carriageway” means a way constituted or comprised in a road being a way over which the public have a right of way for the passage of vehicles;

  • “constable” does not include a member of the Naval, Military or Royal Air Force Police;

  • “cycle” means a bicycle, a tricycle, or a cycle having 4 or more wheels, not being in any case a motor vehicle;

  • “the Department” means the Department of the Environment;

  • “driver”, where a separate person acts as a steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle;

  • “enactment” includes any order, regulation, rule, bye-law or other instrument made under a statutory provision;

  • “footpath” means a way over which the public have a right of way on foot only, not being a footway or a part of a road;

  • “footway” means a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only;

  • “goods” includes goods or burden of any description;

  • “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

  • “international road haulage permit” means a licence, permit, authorisation or other document issued in pursuance of a Community instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road;

  • F2“the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996

  • “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981F3;

  • F4“the Order of 2007” means the Road Traffic (Northern Ireland) Order 2007;

  • “owner”, in relation to a vehicle which is the subject of a hiring or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

  • “prescribed” means prescribed by regulations;

  • “public path” and “public right of way” have the same meaning as in the Access to the Countryside (Northern Ireland) Order 1983F5;

  • “public road” includes any part of a public road and any bridge or tunnel over or through which a public road passes;

  • “road” includes a public road and any street, carriageway, highway or roadway to which the public has access;

  • “the Road Traffic Orders” means this OrderF6 the Order of 1981 F7. . . the Road Traffic Regulation (Northern Ireland) Order 1997F8F9. . . the Order of 2007F10and the Taxis Act (Northern Ireland) 2008;

  • “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954F11;

  • F12“taxi” has the same meaning as in the Taxis Act (Northern Ireland) 2008;

  • “traffic” includes the passage of animals on a road;

  • “traffic sign” has the meaning assigned to it by Article 28 of the Road Traffic Regulation (Northern Ireland) Order 1997

  • “trolley vehicle” means a mechanically propelled vehicle adapted for use without rails under power transmitted to the vehicle from some external source (whether or not there is in addition a source of power on board the vehicle).

(3)

References in this Order to a class of vehicles are to be interpreted as references to a class defined or described by reference to any characteristics of the vehicles or to any other circumstances whatsoever, and accordingly as authorising the use of “category” to indicate a class of vehicles, however defined or described.

Annotations

Textual amendments

F1

1954 c.33 (NI)

F2

1996 NI 10

F3

1981 NI 1

F4

Art. 2(2): definition of "the Order of 2007" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 9(a); S.R. 2007/302, art. 2, Sch.

F5

1983 NI 18

F6

1997 NI 2

F7

Word in art. 2(2) in definition of "the Road Traffic Orders" omitted (27.6.2007) by virtue of Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 9(b)(i); S.R. 2007/302, art. 2, Sch.

F8

Word in art. 2(2) in definition of "the Road Traffic Orders" omitted (23.11.2009) by virtue of Taxis Act (Northern Ireland) 2008 (c. 4), ss. 58(1), 59, Sch. 2 para. 6(a)(i); S.R. 2009/352, art. 2, Sch.

F9

Words in art. 2(2) in definition of "the Road Traffic Orders" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 9(b)(ii); S.R. 2007/302, art. 2, Sch.

F10

Words in art. 2(2) in definition of "the Road Traffic Orders" added (23.11.2009) by Taxis Act (Northern Ireland) 2008 (c. 4), ss. 58(1), 59, Sch. 2 para. 6(a)(ii); S.R. 2009/352, art. 2, Sch.

F11

1954 c.33 (NI)

F12

Words in art. 2(2) inserted (31.5.2016) by Taxis Act (Northern Ireland) 2008 (c. 4), s. 59, Sch. 2 para. 6(b); S.R. 2015/389, art. 2(3), Sch. Pt. 3