The Road Traffic Offenders (Northern Ireland) Order 1996

1996/1320 · Made 15 May 1996 · Extends to Northern Ireland

Contents

1. Part I: INTRODUCTORY
2. 1Title and commencement
3. 2General interpretation
4. 3Meaning of “offence involving obligatory endorsement”
5. 4Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”
6. 4AMeaning of “driving record”
7. Part II: TRIAL
8. Introductory
9. 5Requirement of warning etc. of prosecutions for certain offences
10. 6Requirement of warning etc: supplementary
11. 7Restriction on institution of proceedings for certain offences
12. 8Jurisdiction in prosecutions under Articles 56 and 81(1) of the Order of 1981
13. 9Power to join in indictment counts for certain summary offences
14. 10Time within which summary proceedings for certain offences must be commenced
15. 11Duty of accused to provide licence
16. 12Duty to include date of birth and sex in written plea of guilty
17. Trial
18. 13Mode of trial
19. 14Evidence by certificate as to driver, user or owner
20. 15Proof, in summary proceedings, of identity of driver of vehicle
21. 16Admissibility of records as evidence
22. 17Use of records kept by operators of goods vehicles
23. 18Use of specimens in proceedings for an offence under Articles 14 to 16 of the Order of 1995
24. 19Documentary evidence as to specimens in such proceedings
25. 20Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment
26. 21Evidence of declaration for obtaining licence
27. 22Evidence by certificate as to registration etc. of driving instructors
28. 23Speeding offences etc: admissibility of certain evidence
29. 24Notification of disability
30. 25Saving as to offence provisions etc.
31. 26Alternative verdicts
32. 27Information as to date of birth and sex
33. 28Interim disqualification
34. Part III: SENTENCE
35. Introductory
36. 29Production of licence
37. 30Penalty points to be attributed to an offence
38. 31Penalty points to be taken into account on conviction
39. 32Penalty points: modification where fixed penalty also in question
40. 32AReduced penalty points for attendance on course Not yet in force
41. 32BCertificates of completion of courses Not yet in force
42. 32CApproval of courses Not yet in force
43. 32DCourses in Great Britain Not yet in force
44. 32EProvisions supplementary to Articles 32A to 32D Not yet in force
45. 33Court may take particulars endorsed into consideration
46. Fine and imprisonment
47. 34Fine and imprisonment
48. Disqualification
49. 35Disqualification for certain offences
50. 36Reduced disqualification period for attendance on courses
51. 37Certificates of completion of courses
52. 37AApproval of courses Not yet in force
53. 37BCourses in Great Britain Not yet in force
54. 38Provisions supplementary to Articles 36 and 37
55. 38AReduced disqualification period: alcohol ignition interlock programme orders Not yet in force
56. 38BCertificates of failing fully to participate Not yet in force
57. 38CApproval of programmes Not yet in force
58. 38DProgrammes in Great Britain Not yet in force
59. 38EProvisions supplementary to Articles 38A to 38D Not yet in force
60. 39Experimental period for Article 36
61. 40Disqualification for repeated offences
62. 40AExtension of disqualification where custodial sentence also imposed Not yet in force
63. 40BEffect of custodial sentence in other cases Not yet in force
64. 41Disqualification until test is passed
65. 42Effect of order of disqualification
66. 43Appeal against disqualification
67. 44Suspension of disqualification pending appeal
68. 45Power of appellate courts to suspend disqualification
69. 46Suspension of disqualification pending determination of applications under Article 37
70. 46ASuspension of certificate pending determination of applications under Article 38B Not yet in force
71. 47Removal of disqualification
72. 48Rule for determining end of period of disqualification
73. Endorsement
74. 49Endorsement of licences
75. 49AEndorsement of driving record in accordance with order
76. 50Effect of endorsement of counterparts
77. 50AEffect of endorsement of driving records
78. General
79. 51Combination of disqualification and endorsement with probation orders and orders for discharge
80. 52Supplementary provisions as to disqualifications and endorsements
81. 53Exemption from disqualification and endorsement for certain construction and use offences
82. 54Offender escaping consequences of endorsable offence by deception
83. Part IV: FIXED PENALTIES
84. Introductory
85. 55Interpretation of this Part
86. 56Expressions defined in this Part
87. 57Fixed penalty offences
88. 58Fixed penalty notices
89. 59Amount of fixed penalty
90. Giving notices to suspected offenders
91. 60Notices on-the-spot etc.
92. 61Effect of fixed penalty notice given under Article 60
93. 62Licence receipts
94. 63Endorsement of counterparts without hearings
95. 63AEndorsement of driving records without hearings
96. 64Effect of endorsement of counterpart without hearing
97. 64AEffect of endorsement of driving record without hearing
98. 65Notification of court and date of trial
99. 66Fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures
100. 66AFixed penalty notice mistakenly given to unlicensed person: exclusion of fixed penalty procedures
101. Notices fixed to vehicles
102. 67Fixing notices to vehicles
103. 68Service of notice to owner if penalty not paid
104. 69Enforcement or proceedings against owner
105. 70Restrictions on proceedings against owner and others
106. 71Hired vehicles
107. 72False statements in response to notices to owner
108. 73“Owner”, “statutory statement” and “official form”
109. The fixed penalty procedure
110. 74Payment of penalty
111. 75Registration certificates
112. 76Registration of sums payable in default
113. 77Notices on-the-spot etc.: when registration and endorsement invalid
114. 78Notices fixed to vehicles: when registration invalid
115. 79Provisions supplementary to Articles 77 and 78
116. Conditional offer of fixed penalty
117. 80Issue of conditional offer
118. 81Effect of offer and payment of penalty
119. 82Endorsement of counterparts where penalty paid
120. 82AEndorsement of driving records where penalty paid
121. Proceedings in fired penalty cases
122. 83General restriction on proceedings
123. 84Statements by constables
124. 85Certificates about payment
125. 86Documents signed by the accused
126. Miscellaneous
127. 87Powers of court in cases of deception
128. 88Regulations for the purposes of this Part
129. 88ANotices to Department
130. 89Service of documents
131. 90Functions of traffic wardens
132. 91Procedure for making regulations and orders under this Part
133. Part IVA: FINANCIAL PENALTY DEPOSITS
134. 91AInterpretation of this Part
135. 91BPower to impose financial penalty deposit requirement
136. 91CFinancial penalty deposit requirement
137. 91DMaking of payment in compliance with requirement
138. 91EProhibition on driving on failure to make payment
139. 91FOrders about financial penalty deposits
140. Part 4B: Courses offered as alternative to prosecution
141. 91GPower to charge fees
142. 91HPower to prevent courses being offered for repeat offences
143. 91IFurther provision about regulations under this Part
144. VMISCELLANEOUS AND GENERAL
145. 92Penalty for breach of regulations
146. 92ZAApplication to Great Britain licence holders
147. 92ZBEffect of endorsement on Great Britain licence holders
148. 92AApplication to Community licence holders
149. 92BEffect of endorsement on Community licence holders
150. 93Application to Crown
151. 94Proceedings in respect of offences committed in connection with Crown vehicles
152. 95Application of certain provisions of Order to trolley vehicles
153. 96Transitional provisions and savings
154. Schedule 1: PROSECUTION AND PUNISHMENT OF OFFENCES
155. IOFFENCES UNDER THE ROAD TRAFFIC ORDERS
156. IIOTHER OFFENCES
157. Schedule 2: STATUTORY STATEMENTS
158. Part I: STATUTORY STATEMENT OF OWNERSHIP OR HIRING
159. 1Paragraph 1
160. 2Paragraph 2
161. Part II: STATUTORY STATEMENT OF FACTS
162. 3Paragraph 3
163. Schedule Schedule
164. Schedule Schedule