1999 No. 410
Road Traffic (Traffic Wardens) Order (Northern Ireland) 1999
To be laid before Parliament under paragraph 3(3) of Schedule 1 to the Northern Ireland Act 1974
Made
Coming into operation
The Department of the Environment in exercise of the powers conferred on it by Article 44 of the Road Traffic Regulation (Northern Ireland) Order 19971 and of every other power enabling it in that behalf, hereby makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Road Traffic (Traffic Wardens) Order (Northern Ireland) 1999 and shall come into operation on 15th November 1999.
2
In this Order—
“the Order of 1996” means the Road Traffic Offenders (Northern Ireland) Order 19962; and
“the Order of 1997” means the Road Traffic Regulation (Northern Ireland) Order 1997.
Functions of traffic wardens2
1
The functions set out in the Schedule are hereby specified for the purpose of Article 44(1) of the Order of 1997.
2
For the purpose of the discharge by traffic wardens of the functions set out in the Schedule, references to a constable or a constable in uniform in Articles 177, 179, 180(1) to (3A), (4AB) and (7) of the Order of 19813, Articles 49 and 50 of the Order of 19954, Articles 47, 48 (in so far as it applies to vehicles to which Article 47(1) applies) and 57 of the Order of 1997 shall include references to a traffic warden.
3
For the purpose of the discharge by traffic wardens of the functions set out in the Schedule, any power of a constable for the purposes of Article 177 (in so far as it applies to the furnishing of names and addresses), Article 179 (identification of pedestrians), Article 180(2) to (3A) of the Order of 1981 (examination of licences and requirement to state date of birth) and Article 57 of the Order of 1997 (enforcement powers with regard to disabled person’s badge) shall be exercisable by a traffic warden if the traffic warden has reasonable cause to believe that there has been committed—
a
in respect of Article 177 of the Order of 1981 an offence under the following provisions and the use of the power in Article 177 in relation to these offences is hereby authorised—
i
Article 180(1) of the Order of 1981 (failure to stop when so required);
ii
section 33(1) of the Vehicle Excise and Registration Act 19945 (not exhibiting licence);
iii
Article 32 of the Order of 19956 (leaving vehicles in dangerous positions);
iv
Article 49 of the Order of 1995 (contravention of directions);
v
Article 50 of the Order of 1995 (contravention of traffic signs);
vi
Article 58 of the Order of 1995 (breach of construction and use requirements with respect to lighting equipment and reflectors);
vii
Article 4 of the Order of 1997 (contravention of traffic regulation order);
viii
Article 5 of the Order of 1997 (contravention of experimental traffic control scheme);
ix
Article 7 of the Order of 1997 (contravention of temporary prohibition or restriction);
x
Article 14(1) of the Order of 1997 (contravention of order as to use of parking place);
xi
Article 19(1) of the Order of 1997 (certain contraventions of order relating to designated parking place by driver);
xii
Article 19(3) of the Order of 1997 (other contraventions of order relating to designated parking place by driver or person);
xiii
Article 56 of the Order of 1997 (wrongful use of disabled person’s badge); and
xiv
Article 59 of the Order of 1997 (with respect to causing a vehicle, or any part of it, to stop in contravention of regulations relating to pedestrian crossings);
b
in respect of Article 179 of the Order of 1981 an offence under—
i
Article 49 (contravention of directions) of the Order of 1995; or
ii
Article 50 (contravention of traffic signs) of the Order of 1995;
c
in respect of Article 180(2), (3) and (3A) of the Order of 1981 an offence under—
i
Article 32 of the Order of 1995 (leaving vehicles in dangerous positions); or
ii
Article 59 of the Order of 1997 (with respect to causing a vehicle, or any part of it, to stop in contravention of regulations relating to pedestrian crossings);
d
in respect of Article 57 of the Order of 1997 an offence—
i
in contravention of any provision of an order under the Order of 1997 relating to the parking of motor vehicles; or
ii
under Article 56 of the Order of 1997 (wrongful use of disabled person’s badge).
Revocation3
The Road Traffic (Traffic Wardens) Order (Northern Ireland) 19767 is hereby revoked.
Sealed with the Official Seal of the Department of the Environment on
ScheduleFunctions of Traffic Wardens
1
1
Traffic wardens may be employed to enforce the law with respect to an offence—
a
committed under Article 180(1) of the Order of 1981 (failure to stop when so required);
b
committed under section 33(1) of the Vehicle Excise and Registration Act 1994 (not exhibiting licence);
c
committed under Article 32 (leaving vehicles in dangerous positions), Article 49 (contravention of directions), Article 50 (contravention of traffic signs) or Article 58 (breach of construction and use requirements with respect to lighting equipment and reflectors) of the Order of 1995; and
d
committed under Article 4 (contravention of traffic regulation order), Article 5 (contravention of experimental traffic control scheme), Article 7 (contravention of temporary prohibition or restriction), Article 14(1) (contravention of order as to use of parking place), Article 19(1) (certain contraventions of order relating to designated parking place by driver) or Article 19(3) (other contraventions of order relating to designated parking place by driver or person), Article 56 (wrongful use of disabled person’s badge) or Article 59 (with respect to causing a vehicle, or any part of it, to stop in contravention of regulations relating to pedestrian crossings) of the Order of 1997.
2
For the purpose of the enforcement of the law with respect to such of the offences described in sub-paragraph (1) as are fixed penalty offences within the meaning of Article 57(1) of the Order of 1996, traffic wardens may discharge the functions conferred on constables by Part IV of the Order of 1996.
2
Traffic wardens may be employed as parking attendants at parking places on roads.
3
Traffic wardens may discharge the functions of a constable referred to in Articles 47 and 48 (in so far as it applies to vehicles to which Article 47(1) applies) of the Order of 1997.
(This note is not part of the Order.)