The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2011 No. 287


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Statutory Rules of Northern Ireland


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Statutory Rules of Northern Ireland

2011 No. 287

Road Traffic And Vehicles

The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2011

Made

28th July 2011

Coming into operation

12th September 2011

The Department of the Environment makes the following Order in exercise of the powers conferred by Article 57(2) of the Road Traffic Offenders (Northern Ireland) Order 1996(1).

In accordance with Article 91(1) of that Order the Department has consulted with such representative organisations as it thinks fit.

Citation and Commencement

1. This Order may be cited as the Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2011 and shall come into operation on 12th September 2011.

Amendment of the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997

2. Schedule 1 to the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997(2) (fixed penalty offences) is amended as follows-

(a)before item 1 (offences under the Road Traffic (Northern Ireland) Order 1981) insert

"Offences under the Transport Act (Northern Ireland) 1967(3)
A1

Article 4(4) (4)

Using motor vehicle on road except

under Road Service' licence.

A2

Article 17(3)

Using goods vehicle on road for carriage of

goods except under vehicle licence.";

(b)after item 4 (offences under the Road Traffic (Northern Ireland) Order 1981) insert-

"4AArticle 56(3)

Contravention of any requirement of

domestic drivers' hours code.";

(c)for items item 8 and 9 (offences under the Road Traffic (Northern Ireland) Order 1981) substitute-

"8Article 81

Contravention of requirement of applicable Community rules as to books, records or documents.

Contravention of any requirement of

applicable Community rules as to periods of

driving, etc.

Any person who makes or causes to be made any entry in a book, record or document kept for the purposes of applicable Community rules which he knows to be false or, with intent to deceive, alters or causes to be altered any such entry.

9

Article 86

Failure to comply with prohibition or

direction in relation to driving vehicle.

Driving, etc., foreign goods vehicle or

foreign public service vehicle in

contravention of prohibition etc.";

(d)for item 16 (offences under the Vehicle Excise and Registration Act 1994) substitute-

"16Section 34

Misuse of trade licences.

Using trade licence for unauthorised purposes or in unauthorised circumstances, etc.";

(e)after item 39 (offences under the Road Traffic (Northern Ireland) Order 1995) insert-

"39AArticle 80(1)

Driving, etc., vehicle in contravention of

prohibition on driving it as being unfit for

service or overloaded, or failing to comply

with direction to remove a vehicle found

overloaded.

Offences under the Road Traffic Offenders (Northern Ireland) Order 1996
39BArticle 91E (5)

Driving, etc., vehicle in contravention of

prohibition on driving, or failing to comply

with direction to remove vehicle on failure

to make a financial penalty deposit payment. ";

(f)after item 51 (offences against regulations made under the Road Traffic (Northern Ireland) Order 1981) insert-

"Offences under the European Communities (International Passenger Services) Regulations (Northern Ireland) 1987(6)
52

Regulation 19(1)

Using vehicle for Community regulated

carriage of passengers by road otherwise

than in accordance with authorisation or

certificate, etc.

53

Regulation 19(2)

Using vehicle for ASOR regulated or

Community regulated carriage of passengers

by road without having correctly completed

passenger waybill or without carrying top

copy of waybill on vehicle throughout

journey.

Offences under the Goods Vehicles (Community Authorisations) Regulations 1992(7)
54Regulation 3Using goods vehicle without Community authorisation
55Regulation 7Using vehicle under Community authorisation in contravention of conditions governing authorisation.
Offences under the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996(8)
56

Regulation 3

Using vehicle in contravention of

requirements relating to installation, use or

repair of recording equipment in accordance

with Community Recording Equipment

Regulation

57

Regulations 6A and 7(3)

Failing to comply with requirements relating

to inspection of records or obstructing an

constable or vehicle examiner , but only insofar as the offence

relates to-

(i) failing to comply with any requirement

under regulation 6A; or

(ii) obstructing an officer in exercise of

powers under regulation 7.

58Regulations 7D and 7F

Failing to comply with requirements relating

to inspection of recording equipment or

records (whether electronic or hard copy)

made by or stored on recording equipment

except where that offence is committed

by-

(i) failing to sign a hard copy of downloaded

data when required to do so under regulation

7D); or

(ii) obstructing an officer in exercise of

powers under regulation 7F.

Offences under the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2002(9)
59Regulation 2

Using vehicle on road

without Community licence.

60

Regulation 6

Using vehicle under

Community licence in contravention of

conditions governing use of licence.

Offences under the Road Transport (Passenger Vehicles Cabotage) (Northern Ireland) Regulations 2005(10)
61Regulation 2

Using vehicle on road for UK cabotage

operations without Community licence.

62Regulation 3

Using vehicle on road for UK cabotage

operations without control document.

63Regulation 6(1)

Driver failing to produce Community

licence on request when vehicle required to

have licence on board.

64Regulation 6(3)

Driver failing to produce control document

on request when vehicle required to have

control document on board.

Offences under the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(11)
65Regulation 11(7)Driver of relevant vehicle failing to produce on request evidence or document required to be carried under regulation 11(1), (3) or (5).".

Sealed with the Official Seal of the Department of the Environment on 28th July 2011

Legal seal

Deirdre Kenny

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997 by specifying additional offences to be fixed penalty offences for the purposes of the Road Traffic Offenders (Northern Ireland) Order 1996. The offences relate to drivers' hours, bus, coach and goods vehicles' authorisations, certificates of professional competence and trade licences.

An Explanatory Memorandum and a Regulatory Impact Assessment has been produced and is available from Road Safety Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Belfast BT2 8GB or viewed online at http;//www.legislation.gov.uk/nisr.

(2)

S.R. 1997 No. 369; relevant amending Regulations are S.R. 2007 No. 318

(3)

1967 C.37

(4)

As amended by SRO (NI) 1972/359 and S.I. 1984/703 (NI 3)

(5)

Article 91E is inserted by Article 12 of S.I. 2007 No. 916


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