Office of Public Sector Information
PART II continued
12.—(1) In the Offenders Order, after Part IV insert–
91A. In this Part–
“the appropriate amount” has the meaning given by Article 91C(2);
“the appropriate refund” has the meaning given by Article 91D(10);
“financial penalty deposit requirement” has the meaning given by Article 91C(1);
“fixed penalty notice” has the meaning given by Article 58;
“fixed penalty offence” has the meaning given by Article 57;
“the prosecution period” has the meaning given by Article 91D(6);
“the relevant period” has the meaning given by Article 91C(3);
“the suspended enforcement period” is to be construed in accordance with Article 58(3); and
“vehicle examiner” means an examiner appointed under Article 74 of the Order of 1995.
91B.—(1) A constable or vehicle examiner may impose a financial penalty deposit requirement on a person on any occasion if the conditions in this Article are satisfied.
(2) The constable or vehicle examiner must have reason to believe–
(a) that the person is committing or has on that occasion committed an offence relating to a motor vehicle; and
(b) that the person, the offence and the circumstances in which the offence is committed are of a description specified in an order made by the Department.
(3) The person must be–
(a) given written notification that it appears likely that proceedings will be brought against him in respect of the offence; or
(b) (if the offence is a fixed penalty offence) either given such notification or given a fixed penalty notice in respect of the offence.
(4) The person must fail to provide a satisfactory address; and for this purpose “a satisfactory address” is an address in the United Kingdom at which the constable or vehicle examiner considers it likely that it would be possible to find the person whenever necessary to do so in connection with the proceedings or fixed penalty notice.
(5) The person who is to impose the financial penalty deposit requirement–
(a) if a constable, must be in uniform; and
(b) if a vehicle examiner, must produce his authority.
91C.—(1) For the purposes of this Part a financial penalty deposit requirement is a requirement to make a payment of the appropriate amount to the Department–
(a) in a manner specified in an order made by it; and
(b) either immediately or within the relevant period.
(2) In this Part “the appropriate amount”, in relation to an offence and a person, is an amount specified in relation to the offence in an order made by the Department; and different amounts may be so specified by reference to whether the person is given notification that it appears likely that proceedings will be brought against him or given a fixed penalty notice.
(3) In this Part “the relevant period” means–
(a) if the person was given a fixed penalty notice and proceedings are not brought in respect of the offence by virtue of this Order before the end of the suspended enforcement period, the suspended enforcement period; and
(b) otherwise, the period ending with the person being charged with the offence.
91D.—(1) This Article applies where a person on whom a financial penalty deposit requirement is imposed in respect of an offence makes a payment of the appropriate amount in accordance with Article 91C(1) (and any order made under it).
(2) On payment by the person of the appropriate amount the person by whom the payment is received must issue him with a written receipt for the payment specifying the effect of the following provisions of this Article.
(3) In a case where–
(a) a fixed penalty notice relating to the offence has been given to the person;
(b) the person does not give notice requesting a hearing in respect of the offence before the end of the relevant period in the manner specified in the fixed penalty notice; and
(c) proceedings are not brought in respect of the offence by virtue of this Order;
paragraph (4) applies.
(4) Where this paragraph applies, the Department must–
(a) apply so much of the payment as does not exceed the amount of the fixed penalty in or towards payment of the fixed penalty; and
(b) take the appropriate steps to make any appropriate refund to the person.
(5) In any other case–
(a) if the person is informed that he is not to be prosecuted for the offence, is acquitted of the offence or is convicted but not fined in respect of it, or the prosecution period comes to an end without a prosecution having been commenced against him in respect of it, paragraph (7) applies; and
(b) if a fine is imposed on the person in respect of the offence (otherwise than as a result of a conviction obtained on a prosecution commenced after the end of the prosecution period), paragraph (8) applies.
(6) In this Part, “the prosecution period” means the period of 12 months beginning with the imposition of the financial penalty deposit requirement or, if shorter, any period after which no prosecution may be commenced in respect of the offence.
(7) Where this paragraph applies, the Department must take the appropriate steps to make the appropriate refund to the person.
(8) Where this paragraph applies, the Department must–
(a) apply so much of the payment as does not exceed the amount of the fine in or towards payment of the fine; and
(b) take the appropriate steps to make any appropriate refund to the person.
(9) Where the Department is required by this Article to take the appropriate steps to make an appropriate refund, it must take such steps to trace the person and to make the refund to him, by such means, as are specified in an order made by the Department.
(10) In this Part “the appropriate refund”, in any case, is a refund of–
(a) where paragraph (4) applies, so much of the payment as exceeds the amount of the fixed penalty;
(b) where paragraph (7) applies, the amount of the payment; and
(c) where paragraph (8) applies, so much of the amount of the payment as exceeds the amount of the fine;
together with interest calculated in accordance with provision made by order made by the Department of Finance and Personnel.
91E.—(1) This Article applies where a person on whom a financial penalty deposit requirement is imposed does not make an immediate payment of the appropriate amount in accordance with Article 91C(1) (and any order made under it).
(2) The constable or vehicle examiner by whom the requirement was imposed may prohibit the driving on a road of any vehicle of which the person was in charge at the time of the offence by giving to the person notice in writing of the prohibition.
(3) The prohibition–
(a) shall come into force as soon as the notice is given; and
(b) shall continue in force until the happening of whichever of the events in paragraph (4) occurs first.
(4) Those events are–
(a) the person making a payment of the appropriate amount in accordance with Article 91C(1) (and any order made under it) at any time during the relevant period;
(b) (where a fixed penalty notice was given to the person in respect of the offence) payment of the fixed penalty;
(c) the person being convicted or acquitted of the offence;
(d) the person being informed that he is not to be prosecuted for the offence; and
(e) the coming to an end of the prosecution period.
(5) A constable or vehicle examiner may by direction in writing require the person to remove the vehicle to which the prohibition relates (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition does not apply to the removal of the vehicle (or trailer) in accordance with the direction.
(6) A person who–
(a) drives a vehicle in contravention of a prohibition under this Article;
(b) causes or permits a vehicle to be driven in contravention of such a prohibition; or
(c) fails to comply within a reasonable time with a direction under paragraph (5),
is guilty of an offence.
(7) The Department may by order provide for exceptions from paragraph (6).
(8) Where a constable in uniform has reasonable grounds for suspecting that an offence under paragraph (6) has been committed or attempted, or is being committed or attempted, he may arrest the relevant person without warrant.
(9) In this Article “the relevant person” means any person whom the constable has reasonable grounds to suspect of having committed or having attempted to commit the offence or of being in the course of committing or attempting to commit it.
91F.—(1) Before making an order under any provision of this Part, the Department or the Department of Finance and Personnel (as the case may be) shall consult with such representative organisations as it thinks fit.
(2) An order under any provision of this Part shall be subject to negative resolution.”.
(2) In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) after the entry relating to offences under Article 72 of that Order insert–
| “Article 91E(6) | Driving, etc. vehicle in contravention of prohibition for failure to pay financial penalty deposit, etc. | Summarily. | Level 5 on the standard scale.”. |
13. Schedule 1 makes provision about–
(a) the immobilisation of vehicles the driving of which has been prohibited under–
(i) Article 84 of the Order of 1981 (foreign vehicles);
(ii) Article 77 or 79 of the Order of 1995 (unfit or overloaded vehicles); or
(iii) Article 91E of the Offenders Order (failure to make payment of financial penalty deposit); and
(b) the removal and disposal of such vehicles.
14. For Article 17 of the Order of 1995 (breath tests) substitute–
17.—(1) If any of paragraphs (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.
(2) This paragraph applies if a constable reasonably suspects that the person–
(a) is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and
(b) has alcohol or a drug in his body or is under the influence of a drug.
(3) This paragraph applies if a constable reasonably suspects that the person–
(a) has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and
(b) still has alcohol or a drug in his body or is still under the influence of a drug.
(4) This paragraph applies if a constable reasonably suspects that the person–
(a) is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and
(b) has committed a traffic offence while the vehicle was in motion.
(5) This paragraph applies if–
(a) an accident occurs owing to the presence of a motor vehicle on a road or other public place, and
(b) a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.
(6) A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this Article.
(7) A constable may administer a preliminary test by virtue of any of paragraphs (2) to (4) only if he is in uniform.
(8) In this Article–
(a) a reference to a preliminary test is to any of the tests described in Articles 17A to 17C, and
(b) “traffic offence” means an offence under–
(i) any provision of the Order of 1981 other than an offence under Article 132, 133, 136 or 137 of that Order, or
(ii) any provision of this Order, or
(iii) any provision of the Offenders Order except Part IV, or
(iv) any provision of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2).
17A.—(1) A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Department, an indication whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit.
(2) A preliminary breath test administered in reliance on Article 17(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.
(3) A preliminary breath test administered in reliance on Article 17(5) may be administered–
(a) at or near the place where the requirement to co-operate with the test is imposed, or
(b) if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
(4) For the purposes of paragraph (1) a device shall be treated as of a type approved by the Department where a statement that the Department has approved a device of that type is included in the Belfast Gazette.
17B.—(1) A preliminary impairment test is a procedure whereby the constable administering the test–
(a) observes the person to whom the test is administered in his performance of tasks specified by the constable, and
(b) makes such other observations of the person’s physical state as the constable thinks expedient.
(2) The Secretary of State shall issue (and may from time to time revise) a code of practice about–
(a) the kind of task that may be specified for the purpose of a preliminary impairment test,
(b) the kind of observation of physical state that may be made in the course of a preliminary impairment test,
(c) the manner in which a preliminary impairment test should be administered, and
(d) the inferences that may be drawn from observations made in the course of a preliminary impairment test.
(3) In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate–
(a) whether a person is unfit to drive, and
(b) if he is, whether or not his unfitness is likely to be due to drink or drugs.
(4) A preliminary impairment test may be administered–
(a) at or near the place where the requirement to co-operate with the test is imposed, or
(b) if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
(5) A constable administering a preliminary impairment test shall have regard to the code of practice under this Article.
(6) A constable may administer a preliminary impairment test only if he is approved for that purpose by the Chief Constable.
(7) A code of practice under this Article may include provision about–
(a) the giving of approval under paragraph (6), and
(b) in particular, the kind of training that a constable should have undergone, or the kind of qualification that a constable should possess, before being approved under that paragraph.
17C.—(1) A preliminary drug test is a procedure by which a specimen of sweat or saliva is–
(a) obtained, and
(b) used for the purpose of obtaining, by means of a device of a type approved by the Department, an indication whether the person to whom the test is administered has a drug in his body.
(2) A preliminary drug test may be administered–
(a) at or near the place where the requirement to co-operate with the test is imposed, or
(b) if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
(3) For the purposes of paragraph (1)(b) a device shall be treated as of a type approved by the Department where a statement that the Department has approved a device of that type is included in the Belfast Gazette.
17D.—(1) A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.
(2) A constable may arrest a person without warrant if–
(a) the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under Article 17, and
(b) the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.
(3) A person may not be arrested under this Article while at a hospital as a patient.
17E. A constable may enter any place (using reasonable force if necessary) for the purpose of–
(a) imposing a requirement by virtue of Article 17(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or
(b) arresting a person under Article 17D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.”.
15. In Article 50(6) of the Offenders Order (effect of endorsement: period for which effective), after sub-paragraph (b) insert
“or
(c) under Article 18A(6) of that Order (failing to allow a specimen to be subjected to laboratory test),”.
16. Schedule 2 (which makes provision for the giving of fixed penalty notices by vehicle examiners and connected matters) shall have effect.
17.—(1) For Article 180A of the Order of 1981 substitute–
180A. An examiner appointed under Article 74 of the Order of 1995 may, on production if required of his authority, exercise all such powers as are exercisable by a constable under–
(a) Article 177(1)(a) and (c); and
(b) Article 180.”.
(2) In Article 75(2) of the Order of 1995 (powers of authorised examiners for purpose of testing vehicles) before paragraph (a) insert–
“(za) may, if he is a person appointed as an examiner under Article 74, and without prejudice to Article 180(1) of the Order of 1981 (power of constable in uniform to require vehicle to stop), require the vehicle to stop;”.
18.—(1) After Article 180(1) of the Order of 1981 (failure to stop for constable in uniform) insert–
“(1A) A constable in uniform may arrest a person without warrant if he has reasonable cause to believe that the person has committed an offence under paragraph (1).”.
(2) In Article 19(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (power of entry to effect arrest for certain offences) after sub-paragraph (cb) insert–
“(cc) of arresting a person for an offence under Article 180(1) of the Road Traffic (Northern Ireland) Order 1981;”.
(3) This Article has no effect in relation to offences committed before it comes into operation.
19.—(1) Article 180 of the Order of 1981 (enforcement powers of constable) is amended as follows.
(2) In paragraph (2)–
(a) after “certificate of insurance” insert “or certificate of security”;
(b) in sub-paragraph (b) the words “or other public place” shall cease to have effect; and
(c) after sub-paragraph (b) insert–
“(ba) in the case of a certificate of insurance or certificate of security, test certificate or goods vehicle test certificate, whom he reasonably suspects to have been involved in an accident in a public place; or”.
(3) In paragraph (4) after “certificate of insurance”, in both places where it occurs, insert “or certificate of security”.
(4) After paragraph (8) insert–
“(9) In this Article “certificate of insurance” and “certificate of security” include any document issued under regulations made by the Department under Article 103 which prescribe the evidence which may be produced in lieu of a certificate of insurance or a certificate of security.”.
20. In Article 180 of the Order of 1981 (enforcement powers of constable) after paragraph (3B) insert–
“(3C) If–
(a) a person is required to deliver his licence and its counterpart to the Department under section 64 of the Crime (International Co-operation) Act 2003 (c. 32) or the Department has–
(i) revoked a licence under Article 9, 10 or 15, or
(ii) revoked or suspended a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence under Article 73, or
(iii) served notice requiring the delivery of a licence to it in pursuance of Article 15C, 19G or 73A, and
(b) the holder of the licence fails to deliver it and its counterpart to the Department in pursuance of Article 9, 10, 15, 15C, 19G, 73A or 75 or section 64 of the Crime (International Co-operation) Act 2003 (as the case may be),
a constable may require him to produce the licence and its counterpart, and upon their being produced may seize them and deliver them to the Department.”.
21. After Article 180B of the Order of 1981 insert–
180C.—(1) Paragraph (4) applies if any of the following conditions is satisfied.
(2) The first condition is that–
(a) a constable in uniform requires, under Article 180(2), a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Article 90;
(b) the person fails to produce such evidence; and
(c) the constable has reasonable grounds for believing that the vehicle is or was being so driven.
(3) The second condition is that–
(a) a constable in uniform requires, under Article 180(1), a person driving a motor vehicle to stop the vehicle;
(b) the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate; and
(c) the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of Article 90.
(4) Where this paragraph applies, the constable may–
(a) seize the vehicle in accordance with paragraphs (5) and (6) and remove it;
(b) enter, for the purpose of exercising a power falling with sub-paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;
(c) use reasonable force, if necessary, in the exercise of any power conferred by sub-paragraph (a) or (b).
(5) Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of Article 90 that he will seize it if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that Article.
But the constable is not required to give him such a warning if the circumstances make it impracticable for him to do so.
(6) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.
(7) The powers conferred on a constable by this Article are exercisable only at a time when regulations under Article 180D are in operation.
(8) In this Article–
(a) a reference to a motor vehicle does not include an invalid carriage;
(b) a reference to evidence that a motor vehicle is not or was not being driven in contravention of Article 90 is a reference to a document or other evidence within Article 103(1)(b);
(c) “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
180D.—(1) The Secretary of State may by regulations make provision as to–
(a) the removal and retention of motor vehicles seized under Article 180C; and
(b) the release or disposal of such motor vehicles.
(2) Regulations under paragraph (1) may, in particular, make provision–
(a) for the giving of notice of seizure of a motor vehicle under Article 180C to a person who is the registered keeper, the owner or the driver of that vehicle;
(b) for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under Article 180C may seek to have it released;
(c) for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;
(d) as to the circumstances in which a motor vehicle seized under Article 180C may be disposed of;
(e) as to the destination–
(i) of any fees, charges or costs payable in accordance with the regulations;
(ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under Article 180C.
(3) Regulations under paragraph (1) must provide that a person who would otherwise be liable to pay any fee, charge or cost under the regulations is not liable to pay it if–
(a) he was not driving the motor vehicle at the time in question, and
(b) he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.
(4) Regulations under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.
(5) In this Article registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.”.
22. Article 59 of the Offenders Order (amount of fixed penalty) shall be renumbered as paragraph (1) of that Article and after that paragraph insert–
“(2) Any order made under paragraph (1) in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)–
(a) the nature of the contravention constituting the offence;
(b) how serious it is;
(c) the area, or sort of place, where it takes place; and
(d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.”.
23.—(1) Article 30 of the Offenders Order (penalty points to be attributed to an offence) is amended as follows.
(2) For paragraph (3) substitute–
“(3) For the purposes of Articles 63(5) and 82(4), the number of penalty points to be attributed to an offence is–
(a) where a range of numbers is shown in the last column of Part I or Part II of Schedule 1 in relation to an offence, the lowest number in the range, or
(b) where a range of numbers followed by the words “or appropriate penalty points (graduated fixed penalty)” is shown there in relation to the offence, the appropriate number of penalty points for the offence.
(3A) For the purposes of paragraph (3)(b) the appropriate number of penalty points for an offence is such number of penalty points as the Department may by order prescribe.
(3B) An order made under paragraph (3A) in relation to an offence may make provision for the appropriate number of penalty points for the offence to be different depending on the circumstances, including (in particular)–
(a) the nature of the contravention constituting the offence;
(b) how serious it is;
(c) the area, or sort of place, where it takes place; and
(d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.”.
(3) After paragraph (7)(a) insert–
“(ab) add or delete the words “or appropriate penalty points (graduated fixed penalty)” in relation to an offence in the last column of Part I or Part II of Schedule 1,”.
(4) After paragraph (7) insert–
“(7A) Before making an order under paragraph (3A) the Department must consult with such representative organisations as it thinks fit.”.
(5) In paragraph (8) for “paragraph (7)” substitute “this Article”.
24. In Schedule 1 to the Offenders Order (prosecution and punishment of offences)–
(a) in Part I, in column (7), for the entry relating to Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) (temporary traffic regulation) substitute “2-6 or appropriate penalty points (graduated fixed penalty) if as described in column 5.”;
(b) in Part I, in column (7), for the entry relating to Article 43 of the Road Traffic Regulation (Northern Ireland) Order 1997 (contravening speed limit) substitute “2-6 or appropriate penalty points (graduated fixed penalty) if as described in column 5.”;
(c) in Part II, in column (4), for the entry relating to Article 20 of the Roads (Northern Ireland) Order 1993 (NI 15) (restriction on use of special roads) substitute “2-6 or appropriate penalty points (graduated fixed penalty) if committed in respect of a speed restriction, 3 in any other case.”.
25.—(1) In the Order of 1981, after Article 91 insert–
91A.—(1) If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.
(2) For the purposes of this Article a vehicle meets the insurance requirements if–
(a) it is covered by a such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part, and
(b) either of the following conditions is satisfied.
(3) The first condition is that the policy or security, or the certificate of insurance or security which relates to it, identifies the vehicle by its registration mark as a vehicle which is covered by the policy or security.
(4) The second condition is that the vehicle is covered by the policy or security because–
(a) the policy or security covers any vehicle, or any vehicle of a particular description, the owner of which is a person named in the policy or security or in the certificate of insurance or security which relates to it, and
(b) the vehicle is owned by that person.
(5) For the purposes of this Article a vehicle is covered by a policy of insurance or security if the policy of insurance or security is in force in relation to the use of the vehicle.
91B.—(1) A person (“the registered keeper”) in whose name a vehicle which does not meet the insurance requirements is registered at any particular time (“the relevant time”) does not commit an offence under Article 91A at that time if any of the following conditions are satisfied.
(2) The first condition is that at the relevant time the vehicle is owned as described in paragraph (2) or (2A) of Article 90 (whether or not at the relevant time it is being driven as described in that provision).
(3) The second condition is that the registered keeper–
(a) is not at the relevant time the person keeping the vehicle, and
(b) if previously he was the person keeping the vehicle, he has by the relevant time complied with any requirements under paragraph (6)(a) that he is required to have complied with by the relevant or any earlier time.
The Road Traffic (Northern Ireland) Order 2007