PART 4 N.I.ROAD TRAFFIC OFFENCES

New offencesN.I.

Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured driversN.I.

53.—(1) In the Road Traffic (Northern Ireland) Order 1995 (NI 18), after Article 12A (inserted by Article 62) insert—

Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured driver

12B.  A person is guilty of an offence under this Article if he causes the death of, or grievous bodily injury to, another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

(a)Article 3(1) of the Road Traffic (Northern Ireland) Order 1981 (driving otherwise than in accordance with a licence),

(b)Article 90 of that Order (using motor vehicle while uninsured or unsecured against third party risks), or

(c)Article 168A(1)(c) of that Order (driving while disqualified)..

(2) In Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) (prosecution and punishment of offences under the Road Traffic Orders), after the entry relating to Article 12 of the Road Traffic (Northern Ireland) Order 1995 insert—

Article 12BCausing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers.

(a)Summarily.

(b)On indictment.

(a)6 months or the statutory maximum or both.

(b)2 years or a fine or both.

Obligatory.Obligatory.3–11

(3) Article 12B of the Road Traffic (Northern Ireland) Order 1995 has effect only in relation to driving occurring after the coming into operation of paragraph (1).