Road Traffic (Amendment) Act (Northern Ireland) 2016

PART 1 — Defined expressions in this Act

Defined expressions in this Act

1

In this Act—

• “the New Drivers Order” means the Road Traffic (New Drivers) (Northern Ireland) Order 1998,

• “the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996,

• “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981,

• “the Order of 1995” means the Road Traffic (Northern Ireland) Order 1995,

• “the Order of 2007” means the Road Traffic (Northern Ireland) Order 2007.

PART 2 — Drink-driving

“The prescribed limit”

“The prescribed limit”

2

• (1) The Order of 1995 is amended as follows.

• (2) In paragraph (2) of Article 13 (interpretation of Articles 14 to 21), the definition of “the prescribed limit” is omitted.

• (3) After that Article, insert—

(13A) (1) “The prescribed limit” shall be construed, for the purposes of Articles 14 to 21, in accordance with this Article. (2) The prescribed limit, in the case of a person who is not a specified person, is (as the case may require)— (a) 22 microgrammes of alcohol in 100 millilitres of breath, (b) 50 milligrammes of alcohol in 100 millilitres of blood, or (c) 67 milligrammes of alcohol in 100 millilitres of urine. (3) The prescribed limit, in the case of a specified person, is (as the case may require)— (a) 9 microgrammes of alcohol in 100 millilitres of breath, (b) 20 milligrammes of alcohol in 100 millilitres of blood, or (c) 27 milligrammes of alcohol in 100 millilitres of urine. (4) The Department may by order amend paragraph (2)(a) to (c) or (3)(a) to (c) to specify different proportions of alcohol to breath, blood and urine to any of those for the time being specified there. (5) For the purposes of paragraphs (2) and (3), a specified person is a person who at the time of the alleged offence— (a) is the holder of a provisional licence, (b) has been a qualified driver for not more than 2 years, (c) is the holder of a licence authorising the holder to drive a motor vehicle in a specified category and is driving, attempting to drive or in charge of such a vehicle, (d) is the holder of a taxi driver's licence and is driving, attempting to drive or in charge of a taxi when it is being used in standing or plying for hire or reward or to carry passengers for hire or reward, (e) is purporting to be the holder of a licence mentioned in sub-paragraph (c) or (d) and is driving, attempting to drive or in charge of a motor vehicle in a specified category or taxi, or (f) does not hold a licence authorising him to drive a motor vehicle of the category or class which he is driving or attempting to drive. (6) For the purposes of— (a) paragraph (5)(b)— (i) a person becomes a qualified driver on the first occasion on which he passes any test of competence to drive mentioned in paragraph (2)(a) or (b) of Article 3 of the Road Traffic (New Drivers) (Northern Ireland) Order 1998, (ii) in determining whether a person has been a qualified driver for not more than 2 years, any time during which a person is disqualified from holding or obtaining a licence, or holds a provisional licence only, shall be disregarded, (b) paragraph (5)(c) and (e), “a motor vehicle in a specified category” means a motor vehicle included in any of the following categories specified in column (1) of Schedule 1 to the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (and defined in column (2) of that Schedule opposite that category), namely C, C1, D, D1, C+E, C1+E, D+E, D1+E or F, (c) paragraph (5)(d), “taxi driver's licence” means a licence granted under section 23 of the Taxis Act (Northern Ireland) 2008, (d) paragraphs (5)(d) and (e), “taxi” has the same meaning as in section 57(1) of that Act, (e) paragraph (5)(f)— - “category” means any category specified in column (1) of Schedule 1 to the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 (and defined in column (2) of that Schedule opposite that category), - “class” means a class included in any such category. (7) The Department may by order— (a) amend paragraph (5) by adding any further description of specified person or altering or omitting any description of specified person for the time being mentioned there, (b) make any amendment of paragraph (6) that it considers appropriate for giving full effect to any such amendment of paragraph (5), (c) amend paragraph (6)(b) by adding any further category of motor vehicle or altering or omitting any category for the time being mentioned there.

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Breath testing at authorised check-points

Breath testing at authorised check-points

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• (1) After Article 17C of the Order of 1995, insert—

(17CA) (1) A constable who is on duty at a check-point may require— (a) a person driving a motor vehicle stopped at the check-point, and (b) any person in charge of such a vehicle, to co-operate with a check-point breath test administered to the person by the constable or another constable. (2) A check-point breath test is a procedure whereby the person to whomthe 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 for the purpose of administering a preliminary breath test, an indication whether the proportion of alcohol in the person's breath or blood is likely to exceed the prescribed limit. (3) The establishment of a check-point for the purposes of this Articlemust be authorised by a member of the Police Service of Northern Ireland, not below the rank of inspector; and a check-point for those purposes may be authorised to be established in any public place. (4) Authorisation under paragraph (3) must be in writing and specify— (a) the public place where the check-point concerned is to be located, and (b) the day (or days) on which, and the hours between which, it may be operated. (5) A check-point breath test administered in reliance on this Article maybe administered only at or near the check-point; and a constable may administer such a test by virtue of paragraph (1) only if the constable is in uniform. (6) A person commits an offence if without reasonable excuse he fails toco-operate with a check-point breath test in pursuance of a requirement imposed under this Article.

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• (2) In Part 1 of Schedule 1 to the Offenders Order (prosecution and punishment of offences under the Road Traffic Orders), after the entry relating to offences under Article 17 of the Order of 1995 insert—

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Check-point breath tests: further provision

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• (1) The Order of 1995 is amended as follows.

• (2) In Article 13(3) (what constitutes co-operation with preliminary test), after “a preliminary test” insert “ or check-point breath test ”.

• (3) In Article 17D (arrest following preliminary breath test)—

• (a) in paragraph (1), after “a preliminary breath test” insert “ or check-point breath test ”,

• (b) in paragraph (2), in sub-paragraph (a), after “Article 17” insert “ or a check-point breath test under Article 17CA ”,

• (c) in paragraph (2A), after “the preliminary test” insert “ or check-point breath test ”.

• (4) In Article 18 (provision of specimens for analysis)—

• (a) after paragraph (1), insert—

(1A) A constable may, subject to the following provisions of thisArticle, require a person whom he may require to co-operate with a check-point breath test under Article 17CA— (a) to provide 2 specimens of breath for analysis by means of a device mentioned in paragraph (1)(a), or (b) to provide a specimen of blood or urine for a laboratory test.

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• (b) in paragraph (3), after “paragraph (1)(a)” insert “ or (1A)(a) ”,

• (c) in paragraph (4), after “(1)(b)” insert “ or (1A)(b) ”.

Evidential specimens

Evidential breath test without preliminary breath test or check-point breath test

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• (1) The Order of 1995 is amended as follows.

• (2) In Article 17D (power of arrest)—

• (a) after paragraph (1A) insert—

(1B) A constable may arrest a person without warrant if— (a) the constable— (i) in accordance with paragraph (2)(c) of Article 18, has required him to provide specimens of breath under that Article, and (ii) has not required him to co-operate with a preliminary breath test or a check-point breath test, and (b) as a result of the provision by the person of such specimens, the constable reasonably suspects that the proportion of alcohol in his breath or blood exceeds the prescribed limit.

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• (b) in paragraph (2), for “and” after sub-paragraph (a) substitute

or (aa) the person fails to provide a specimen of breath in pursuance of a requirement under Article 18 made in accordance with paragraph (2)(c) of that Article, and

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• (c) in paragraph (2A)—

• (i) the words from “may,” to the end become sub-paragraph (a),

• (ii) after that sub-paragraph insert—

(b) may, instead of being taken to a police station, in the circumstances mentioned in paragraph (1B)(a), be detained at or near the place where the requirement to provide specimens of breath was, or would have been, made.

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• (3) In Article 18 (provisions of specimens for analysis)—

• (a) for paragraph (2), substitute—

(2) A requirement under this Article to provide specimens of breathmay be made only— (a) at a police station or hospital, (b) in circumstances in which— (i) Article 17(5) applies, and (ii) the constable has imposed a requirement on the person concerned to co-operate with a preliminary breath test, at or near the place where the preliminary breath test was so administered or would have been so administered but for the failure to co-operate with it, or (c) in circumstances in which Article 17(5) does not apply, at a place other than a police station or hospital if— (i) the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, and (ii) a device mentioned in paragraph (1)(a) is available to be used for the taking of the specimens.

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• (b) paragraphs (2A) and (2B) are omitted,

• (c) in paragraph (2C), for “relevant breath test” substitute “ preliminary breath test or check-point breath test ”,

• (d) in paragraph (3), after “is” insert “ in uniform and ”.

Choice of specimens

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Article 19 of the Order of 1995 (choice of specimens of breath) is amended asfollows—

• (a) for the title, substitute “ Lower of 2 specimens of breath to be used ”,

• (b) in paragraph (1), the words “Subject to paragraph (2),” are omitted,

• (c) paragraphs (2), (2A) and (3) are omitted.

Fixed penalty offences

Graduated penalty points for certain drink-driving offences as fixed penalty offences

7

In Part 1 of Schedule 1 to the Offenders Order (prosecution and punishment of offences under the Road Traffic Orders)—

• (a) in the entry relating to offences under Article 16(1)(a) of the Order of 1995 (driving or attempting to drive with excess alcohol in breath, blood or urine), in column (7), after “3-11” insert “ or appropriate penalty points (graduated fixed penalty) ”,

• (b) in the entry relating to offences under Article 16(1)(b) of that Order (being in charge of a motor vehicle with excess alcohol in breath, blood or urine), in column (7), for “10” substitute “ 3-11 or appropriate penalty points (graduated fixed penalty) ”.

Reduced penalty for course completion

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• (1) The Offenders Order is amended as follows.

• (2) After paragraph (2) of Article 59 (provision that may be included in an order prescribing the amount of fixed penalty for a fixed penalty offence), insert—

(2A) In relation to an offence which is specified in an order underArticle 57(2) as a fixed penalty offence, paragraph (2) shall be read as if the circumstances mentioned there include (in particular) also whether, by the relevant date, the offender satisfactorily completes an approved course specified in the fixed penalty notice or conditional offer in question.

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• (3) After paragraph (3) of that Article, add—

(4) In paragraph (2A)— - “an approved course” means a course approved by the Department for the purposes of Article 36 in relation to offences under the same statutory provision as the offence in question; - “conditional offer” means a notice under Article 80; - “the relevant date” means such date, not later than 6 months after the day on which the fixed penalty notice or conditional offer for the offence in question is given to the offender, as is specified in the notice or offer.

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• (4) In paragraph (1) of Article 64A (effect of endorsement of driving record without hearing: penalty points attributable on conviction also attributable as fixed penalty), at the beginning insert “ Subject to Article 64B, ”.

• (5) After that Article, insert—

(64B) (1) In relation to an offence which is specified in an order underArticle 57(2) as a fixed penalty offence, Article 30(3B) shall be read as if the circumstances mentioned there include (in particular) also whether, by the relevant date, the offender satisfactorily completes an approved course specified in the fixed penalty notice or conditional offer in question. (2) For the purposes of paragraph (1), “an approved course”, “conditional offer” and “the relevant date” each has the same meaning as in Article 59(4).

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• (6) In paragraph (7) of Article 82A (effect of endorsement of driving record where fixed penalty under conditional offer paid: penalty points attributable on conviction also attributable as fixed penalty), at the beginning insert “ Subject to Article 64B, ”.

Approved course: completion and failure to complete

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• (1) After Article 59 of the Offenders Order (amount of fixed penalty for fixed penalty offence), insert—