SCHEDULES

Articles 3, 4, 9, 13, 30, 34, 60, 66, 80 and 81.

SCHEDULE 1PROSECUTION AND PUNISHMENT OF OFFENCES

PART IOFFENCES UNDER THE ROAD TRAFFIC ORDERS

PART IIOTHER OFFENCES

Article 73.

SCHEDULE 2STATUTORY STATEMENTS

PART ISTATUTORY STATEMENT OF OWNERSHIP OR HIRING

1.—(1) or the purposes of Part IV of this Order, a statutory statement of ownership is a statement on an official form signed by the person providing it and stating whether he was the owner of the vehicle at the time of the alleged offence and, if he was not the owner of the vehicle at that time, whether—

(a)he was never the owner, or

(b)he ceased to be the owner before, or became the owner after, that time,

and in a case within paragraph (b), stating, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or (as the case may be) the name and address of the person from whom, and the date on which, he acquired it.

(2) An official form for a statutory statement of ownership shall—

(a)indicate that the person providing the statement in response to a notice to owner relating to an offence may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

2.—(1) For the purposes of Part IV of this Order, a statutory statement of hiring is a statement on an official form, signed by the person providing it, being a person by whom a statement of liability was signed, and stating—

(a)whether at the time of the alleged offence the vehicle was let to him under the hiring agreement to which the statement of liability refers, and

(b)if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.

(2) An official form for a statutory statement of hiring shall—

(a)indicate that the person providing the statement in pursuance of a notice relating to an offence served under Article 68 by virtue of Article 71 may give notice requesting a hearing in respect of the offence in the manner specified in the form, and

(b)direct the attention of any person proposing to complete the form to the information provided in accordance with paragraph 3(3) in any official form for a statutory statement of facts.

(3) In sub-paragraph (1) “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in Article 71.

PART IISTATUTORY STATEMENT OF FACTS

3.—(1) For the purposes of Part IV of this Order, a statutory statement of facts is a statement on an official form, signed by the person providing it, which—

(a)states that the person providing it was not the driver of the vehicle at the time of the alleged offence, and

(b)states the name and address at the time when the statement is provided of the person who was the driver of the vehicle at the time of the alleged offence.

(2) A statutory statement of facts has effect as a notice given by the driver requesting a hearing in respect of the offence if it is signed by the person identified in the statement as the driver of the vehicle at the time of the alleged offence.

(3) An official form for a statutory statement of facts shall indicate—

(a)that if a person identified in the statement as the driver of the vehicle at the time of the alleged offence signs the statement he will be regarded as having given notice requesting a hearing in respect of the offence,

(b)that the person on whom the notice to owner relating to the offence is served may not give notice requesting a hearing in respect of the offence on his own account if he provides a statutory statement of facts signed by a person so identified, and

(c)that if the fixed penalty is not paid before the end of the period stated in the notice to owner as the period for response to the notice, a sum determined by reference to that fixed penalty may be registered without any court hearing for enforcement as a fine against the person on whom the notice to owner is served, unless he has given notice requesting a hearing in respect of the offence,

but that, in a case within paragraph (c), the sum in question may not be so registered if the person on whom the notice to owner is served provides a statutory statement of facts as mentioned in paragraph (b) until 2 months have elapsed from the end of the period so stated without service of a summons in respect of the offence on the person identified in that statement as the driver of the vehicle.

Article 97(1).

SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS

PART IAMENDMENTS OF THE ORDERS OF 1981 AND 1995

Amendments of the Order of 1981

1.  In Article 2 (interpretation), in paragraph (2)—

(a)insert the following definition at the appropriate place alphabetically—

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

(b)omit the definition of “reckonable year”.

2.  In Article 4 (exceptions to requirement that drivers of motor vehicles have driving licences), in paragraph (3)(a) after the word “Orders” insert “or of the Offenders Order”.

3.  In Article 5 (tests of competence to drive) at the end of paragraph (3)(a) insert “and Article 41 of the Offenders Order (disqualification)”.

4.  In Article 10 (revocation of licence because of disability or prospective disability), after paragraph (3) add the following paragraph—

“(4) Where a person whose licence is revoked under paragraph (1) or (2)—

(a)is not in possession of his licence and its counterpart in consequence of the fact that he has surrendered them to a constable or an authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order, but

(b)delivers them to the Department immediately on their return,

he is not in breach of the duty under paragraph (3).”

5.  In Article 11 (provision of information, etc., relating to disabilities), after paragraph (3) insert the following paragraph—

“(3A) Proceedings for an offence under paragraph (3) are subject to Article 7 of the Offenders Order.”

6.  In Article 15 (duration of licences), after paragraph (7) insert the following paragraph—

“(7A) Where a person who has a duty under this Article to surrender his licence and its counterpart is not in possession of them in consequence of the fact that he has surrendered them to a constable or authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order he does not fail to comply with that duty if he surrenders the licence and its counterpart to the Department immediately on their return.”

7.  In Article 19A (restrictions on newly qualified drivers, etc.)—

(a)in paragraph (1) for the words from “or 152” to “Article 196” substitute “or an order made under Article 41 of the Offenders Order”;

(b)in paragraph (5) for “Article 196” substitute “Article 41 of the Offenders Order”; and

(c)in paragraph (7) for “Article 197” substitute “Article 49 of the Offenders Order”.

8.—(1) In Article 19C (regulations for the purposes of Part II), in paragraph (1) for the words from the beginning to “with respect to –” substitute—

“(1) The Department may make regulations for any purpose for which regulations may be made under the provisions of this Part and the relevant provisions of the Offenders Order and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.

(1A) In particular, but without prejudice to the generality of paragraph (1), the regulations may make provision with respect to –”.

(2) In paragraph (1) of that Article—

(a)in sub-paragraph (f) omit the words “for any purpose of this Part”; and

(b)in sub-paragraph (g) omit the words “for the purposes of this Part”.

(3) After paragraph (3) of that Article add the following paragraph—

“(4) In this Article “the relevant provisions of the Offenders Order” means the following provisions of that Order: Articles 6, 11, 12, 26 to 28, 29, 33, 35 to 38 and 40 to 53.”

9.  In Article 19E (provisions as to Great Britain drivers' licences)—

(a)in paragraph (2) for the words from “and the provisions” to the end substitute—

“and the provisions—

(a)of this Order, and

(b)of the Offenders Order, being the provisions connected with the licensing of drivers within the meaning of that Order,

as to the production of licences and counterparts of licences granted under this Part shall apply accordingly.”;

(b)in paragraph (5) for “Article 197” substitute “Article 49 of the Offenders Order”.

10.  In Article 73 (revocation or suspension of large goods vehicle or passenger-carrying vehicle driver’s licence) in paragraph (3) for the words “paragraph (1)(a)” substitute “this Article or Article 74”.

11.—(1) In Article 74 (disqualification on revocation of large goods vehicle or passenger-carrying vehicle driver’s licence), in paragraph (1) for the words “for the purposes of that sub-paragraph” substitute “in pursuance of Article 73(3)”.

(2) After paragraph (2) of that Article insert—

“(2A) Regulations may make provision for the application of paragraphs (1) and (2), in such circumstances and with such modifications as may be prescribed, where a person’s large goods vehicle or passenger-carrying vehicle driver’s licence is treated as revoked by virtue of Article 42(1) of the Offenders Order (effect of disqualification by order of a court).”

12.  In Article 97 (requirements as to production of certificate of insurance or of security), in paragraph (3) for “5 days” substitute “7 days”.

13.  In Article 118 (employment of traffic wardens), in paragraph (1) after the word “Part” insert “and Article 90(1) of the Offenders Order”.

14.  In Article 132(1) (register of approved driving instructors) for “138” substitute “137”.

15.  In Article 133 (driving instruction for payment to be given only by registered or licensed persons), in paragraph (5) omit the words “and Article 138”.

16.  In Article 137 (production of certificates and licences to constables and authorised persons), in paragraph (3) for “5 days” substitute “7 days”.

17.  In Article 166(1) (applying, etc., for licence while disqualified), after sub-paragraph (b) add—

“or

(c)by or under the Offenders Order.”

18.  In Article 167(1) (driving, etc., a motor vehicle while disqualified), after sub-paragraph (b) add—

“or

(c)by or under the Offenders Order.”

19.  In Article 174(2) (false statements in connection with forgery of, and fraudulent use of, documents, etc.), after “1995” insert “or a certificate of a kind referred to in Article 37(1) of the Offenders Order”.

20.—(1) In Article 177 (identification of drivers, etc. of vehicles), the existing provision shall become paragraph (1) and for the words from “under” (first time) to “road traffic”, there shall be substituted “to which this Article applies”.

(2) After paragraph (1) of that Article insert—

“(2) This Article applies to—

(a)an offence under any provision of the Road Traffic Orders,

(b)an offence under Article 27,28 or 29 of the Offenders Order,

(c)an offence under any other enactment relating to the use of vehicles on roads, and

(d)an offence of manslaughter committed by the driver of a motor vehicle.”

21.—(1) In Article 180 (enforcement powers of constable), after paragraph (3) insert—

“(3A) A person required by a constable under paragraph (2) or (3) to produce his licence must in prescribed circumstances, on being required to do so by the constable, state his date of birth.

(3B) Where a person has been required under Article 28 or 29 of the Offenders Order to produce a licence and its counterpart to the court and fails to do so, a constable may require him to produce them and, upon their being produced, may seize them and deliver them to the court.”

(2) In paragraph (4) of that Article for “5 days” substitute “7 days”.

(3) After paragraph (4) of that Article insert—

“(4AA) Paragraph (4) does not apply where a person required on any occasion under the preceding provisions of this Article to produce his licence and its counterpart—

(a)produces on that occasion a current receipt for the licence and its counterpart issued under Article 62 of the Offenders Order and, if required to do so, produces the licence and its counterpart in person immediately on their return at a police station that was specified on that occasion, or

(b)within 7 days after that occasion produces such a receipt in person at a police station that was specified by him on that occasion and, if required to do so, produces the licence and its counterpart in person immediately on their return at that police station.

(4AB) Where in accordance with this Article a person has stated his date of birth to a constable, the Department may serve on that person a notice in writing requiring him to provide the Department—

(a)with such evidence in that person’s possession or obtainable by him as the Department may specify for the purpose of verifying that date; and

(b)if his name differs from his name at the time of his birth, with a statement in writing specifying his name at that time,

and a person who knowingly fails to comply with a notice under this paragraph is guilty of an offence.”

(4) In paragraph (7) of that Article, after the word “Orders” insert “or who fails to state his date of birth when required under paragraph (3A) to do so”.

22.—(1) In Article 212 (application of Order to hovercraft and trolley vehicles), in paragraph (1) after the words “this Order” insert “and the Offenders Order”.

(2) In paragraph (3) of that Article omit “16922)” and from “184” to “Schedule 4”.

23.  In Article 215 (application of Order to harbour commissioners), in paragraph (2) omit sub-paragraph (b).

Amendments of the Order of 1995

24.  In Article 2(2) (interpretation), insert the following definition at the appropriate place alphabetically—

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

25.  In Article 4(5) (regulations varying maximum weights of motor vehicles), in sub-paragraph (b) after the word “Orders” insert “and of the Offenders Order”.

26.  In Article 5(3) (articulated vehicles), after the word “Orders” insert “, the Offenders Order”.

27.  In Article 6(1) (certain vehicles not to be treated as motor vehicles), in paragraph (1) after the word “Orders” insert “or the Offenders Order”.

28.  In Article 7(1) (method of calculating weight of motor vehicles and trailers), after the word “Orders” insert “and of the Offenders Order”.

29.  In Article 17(7) (definition of “traffic offence”), after sub-paragraph (b) add—

“or

(c)an offence under any provision of the Offenders Order except Part IV.”

30.  In Article 32 (leaving vehicles in dangerous positions), for the words from “cause” (first time) to “danger” substitute “involve a danger of injury to other persons using the road”.

31.—(1) In Article 49 (contravention of traffic directions or traffic signs), the existing provision shall become paragraph (1).

(2) After paragraph (1) of that Article insert—

“(2) The Department may by regulations specify any traffic sign for the purposes of column (5) of the entry in Schedule 1 to the Offenders Order relating to offences under this Article (offences committed by failing to comply with certain signs involve discretionary disqualification).”.

32.  In Article 105(1) (hovercraft), after the word “Order” insert “and the Offenders Order”.

33.  In Schedule 3 (minor and consequential amendments), in paragraph 22 for the words from the beginning to “192(1)”, substitute “In Article 187(1)”.

PART IIAMENDMENTS OF OTHER ENACTMENTS

The Criminal Justice (Northern Ireland) Order 1980 NI 6

34.—(1) In Article 8 (driving disqualification where vehicle used for purpose of crime), in paragraph (2) for the words “Article 197(1) of that Order” substitute “Article 49(1) of the Road Traffic Offenders (Northern Ireland) Order 1996”.

(2) In paragraph (3)(b) of that Article—

(a)for the words “Article 194 of that Order” substitute “Article 47 of the Road Traffic Offenders (Northern Ireland) Order 1996”; and

(b)for the words “paragraph (9)” substitute “paragraph (6)”.

(3) After paragraph (4) of that Article add—

“(5) Paragraphs (3B), (4) and (4AA) of Article 180 of the Road Traffic (Northern Ireland) Order 1981 shall apply for the purposes of paragraph (3) in the same manner as they apply for the purposes of Article 29 of the Road Traffic Offenders (Northern Ireland) Order 1996.”

The Police and Criminal Evidence (Northern Ireland) Order 1989 NI 12

35.  In Article 62 (intimate samples), in paragraph (I 1) for the words from “or Articles” to the end substitute “or Articles 18 and 19 of the Road Traffic Offenders (Northern Ireland) Order 1996”.

36.  In Part II of Schedule 5 (serious arrestable offences), the provision inserted by paragraph 39 of Schedule 3 to the Order of 1995 as paragraph 13 shall be renumbered as paragraph 13A; and any reference to that provision in any statutory provision shall have effect accordingly.