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Explanatory Memorandum to Road Traffic (Driving Disqualifications) (Northern Ireland) Order 2003

Endorsement of counterparts issued to Great Britain licence holders

Article 4 provides that the holder of a Great Britain driving licence committing a road traffic offence in Northern Ireland may be subject to the fixed penalty procedure that applies to road traffic offences, like the holders of Northern Ireland licences. The fixed penalty option is not currently available in Northern Ireland to the holder of a Great Britain driving licence. The Article facilitates endorsement of a Great Britain licence for a road traffic offence or offences committed in Northern Ireland for which the fixed penalty system is applied.

Paragraph (1) inserts a new Article 19F into the Road Traffic (Northern Ireland) Order 1981, enabling the Department to issue a driving licence counterpart to the holder of a Great Britain driving licence so as to enable endorsement by authorities in Northern Ireland. The Article makes provisions similar to those already applied to the holder of a European Community driving licence other than from Northern Ireland or Great Britain. It enables the Department to endorse a Great Britain driving licence, obliging the Department to return it to the holder. Article 19F(5) empowers the Department to require surrender of the counterpart or delivery of the licence to it. It will be an offence to drive a motor vehicle on a road whilst unreasonably failing to surrender the counterpart for endorsement or for correction of particulars of the holder's name or address.

Paragraph (2) inserts new Articles 92ZA and 92ZB into the Road Traffic Offenders (Northern Ireland) Order 1996, setting out the application of that Order to Great Britain licence holders. The provisions of the 1996 Order to be applied to Great Britain licence holders are those which apply to the fixed penalty system for traffic offences committed in Northern Ireland. The court procedures followed when penalty points are endorsed on a driving licence are extended to Great Britain licences. In particular, this includes various aspects of procedure when a driver is both disqualified and gains penalty points at the same time.

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