Road Traffic (Amendment) (Northern Ireland) Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/197 |
| Year | 1991 |
1991 No. 197 (N.I. 3)
NORTHERN IRELAND
The Road Traffic (Amendment) (Northern Ireland) Order 1991
Made 5th February 1991
Coming into operation on days to be appointed under Article 1(2)
At the Court at Buckingham Palace, the 5th day of February 1991
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the1Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Part I
INTRODUCTORY
Title and commencement
1.—(1) This Order may be cited as the Road Traffic (Amendment) (Northern Ireland) Order 1991.
(2) This Order shall come into operation on such days as the Head of the Department may by order appoint.
Interpretation
2.—(1) The 2Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Department” means the Department of the Environment;
“the principal Order” means the3Road Traffic (Northern Ireland) Order 1981.
Part II
DRIVER LICENSING
General provisions relating to licensing of drivers of motor vehicles
3. For Part II of the principal Order there shall be substituted the Part containing general provisions relating to the licensing of drivers of motor vehicles which is set out in Schedule 1.
Abolition of special licences for driving heavy goods vehicles and public service vehicles
4.—(1) On the appointed day Articles 70 to 79 of the principal Order (which require special driving licences to be held for driving heavy goods vehicles and public service vehicles) shall cease to have effect but the repeal of those provisions does not imply that it is lawful for a person to drive a heavy goods vehicle or a public service vehicle of any class on or after that day on the authority of an existing licence under Part II of the principal Order (ordinary licences) and, for the purposes of Article 3 of that Order (offence of driving without Part II licence), his licence shall not be taken to authorise him to drive vehicles of those classes.
(2) Paragraph (1) shall not, however, invalidate existing licences for driving heavy goods vehicles or public service vehicles and the holder of such a licence may, during the currency of that licence and his existing licence under Part II of the principal Order continue to drive any heavy goods vehicle or public service vehicle which the first-mentioned licence authorises him to drive or a goods vehicle of any class or, as the case may be, a passenger-carrying vehicle of any class prescribed for the purposes of this paragraph without obtaining a new licence under the said Part II.
(3) In paragraph (2) the reference to the vehicles which the holder of a heavy goods vehicle driver’s licence is authorised to drive includes a reference to the vehicles which he is authorised to drive by virtue of regulations under paragraph 7(2)(a) of Schedule 2 and the reference to prescribed classes of goods vehicles is a reference to classes of goods vehicles (within the meaning of the principal Order) prescribed under that paragraph of that Schedule.
(4) Any proceedings pending at the appointed day with respect to an application under Article 78 of the principal Order questioning the conduct of a test of competence to drive a heavy goods vehicle may be continued and, as the case may be, any order relative to the test (or fees) made or licence issued notwithstanding the repeals made by this Order and any order of eligibility to take a test so made shall be treated as relating to a corresponding test and any heavy goods vehicle or public service vehicle driver’s licence so issued shall be treated as an existing licence.
(5) Where, during the currency of a person’s existing licence for driving heavy goods vehicles or public service vehicles, his existing licence under Part II of the principal Order is revoked or surrendered, it shall be his duty to surrender his first-mentioned licence to the Department.
(6) A person who without reasonable excuse fails to comply with the duty under paragraph (5) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) The provisions of Part I of Schedule 2 have effect for the purpose of re-enacting with modifications and assimilating the provisions of Articles 70 to 79 of the principal Order for the purposes of licences under those Articles continued in force by paragraph (2) and the transitory provisions of Part II of that Schedule shall also have effect.
(8) In this Article “existing” in relation to a licence, means in force immediately before the appointed day.
(9) In this Article and Article 5 “the appointed day” means the day appointed under Article 1(2) for the coming into operation of Articles 3 to 6.
Special provisions relating to licensing of drivers of large goods vehicles and passenger-carrying vehicles
5. There shall be inserted as Articles 70 to 79 of the principal Order the special provisions set out in Part I of Schedule 3 which—
(a) apply both to the licensing of the drivers of large goods vehicles and to the licensing of the drivers of passenger-carrying vehicles (as there defined); and
(b) re-enact and assimilate certain of the provisions of Articles 70 to 79 of the principal Order (as originally enacted) to take account of the abolition by Article 4 of special licences to drive heavy goods vehicles and public service vehicles and the granting after the appointed day of licences to drive such vehicles under Part II of the principal Order.
Licensing of taxi drivers
6. After Article 79 of the principal Order there shall be inserted the Article set out in Part II of Schedule 3 which makes provision with respect to the licensing of drivers of taxis.
Compulsory training courses for riders of motor cycles
7.—(1) As from the day appointed under Article 1(2) for the coming into operation of this Article, Part II of the principal Order (as substituted by Schedule 1) shall have effect as follows.
(2) In Article 5 (tests of competence to drive)—
(a)
(a) after paragraph (2) there shall be inserted the following paragraph—
“2A Except as provided under paragraph (5A), no person submitting himself for a test of competence to drive a motor cycle shall be permitted to take the test unless he furnishes the prescribed certificate of completion by him of an approved training course for motor cyclists either with his application for an appointment for a test or to the person who is to conduct the test.”; and
(b)
(b) after paragraph (5), there shall be inserted the following paragraph—
“5A Regulations may prescribe cases in which persons are exempt from the requirement imposed by paragraph (2A); and the regulations may—
(a) limit the exemption to persons in prescribed circumstances;
(b) limit the exemption to a prescribed period;
(c) attach conditions to the exemption; and
(d) regulate applications for, and the issue and form of, certificates evidencing a person’s exemption from that requirement.”.
(3) In paragraph (1) of Article 13 (licences to be granted on fulfilment of certain conditions) for the words “paragraph (2)” there shall be substituted the words “the following provisions of this Article”.
(4) In paragraph (3) of that Article (provisional licences), after sub-paragraph (c), there shall be inserted the following—
“(d)
“(d) shall not authorise a person, before he has passed a test of competence to drive, to drive a motor cycle without a sidecar, unless it is a learner motor cycle (as defined in paragraph (5)) or its first use (as defined in regulations) occurred before such date as may be prescribed and the cylinder capacity of its engine does not exceed 125 cubic centimetres; and
(e)
(e) except as provided under paragraph (3B), shall not authorise a person, before he has passed a test of competence to drive, to drive on a road a motor cycle except where he has successfully completed an approved training course for motor cyclists or is undergoing training on such a course and is driving the motor cycle on the road as part of the training.”.
(5) After paragraph (3) of that Article, there shall be inserted the following paragraphs—
“3A Regulations may make provision as respects the training in the driving of motor cycles of persons wishing to obtain licences authorising the driving of such motor cycles by means of courses of training provided in accordance with the regulations; and the regulations may in particular make provision with respect to—
(a) the nature of the courses of training;
(b) the approval by the Department of the persons providing the courses and the withdrawal of its approval;
(c) the maximum amount of any charges payable by persons undergoing the training;
(d) certificates evidencing the successful completion by persons of a course of training and the supply by the Department of the forms which are to be used for such certificates; and
(e) the making, in connection with the supply of forms of certificates, of reasonable charges for the discharge of the functions of the Department under the regulations.
3B Regulations may prescribe cases in which persons holding a provisional licence are exempt from the restriction...
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