The Penalty Charges (Exemption from Criminal Proceedings) Regulations (Northern Ireland) 2006

Made: 15th September 2006

Coming into operation -: 30th October 2006

The Department for Regional Development in exercise of the powers conferred on it by Article 4(7) of the Traffic Management (Northern Ireland) Order 2005[^f00001] makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as The Penalty Charges (Exemption from Criminal Proceedings) Regulations (Northern Ireland) 2006 and shall come into operation on 30th October 2006.

• (2) In these Regulations “off-street parking place” has the same meaning as in the 1997 Order.

Prescribed descriptions of conduct

2

• (1) Subject to paragraph (2) the prescribed descriptions of conduct for the purposes of Article 4(7) of the Traffic Management (Northern Ireland) Order 2005 shall be—

• (a) an offence under Article 4(5), 5(9), 7(9) or 8(3) of the 1997 Order of contravening a prohibition or restriction on the waiting of vehicles in any public road or in any area or the loading or unloading of vehicles; and

• (b) an offence under Article 14(1) of the 1997 Order; and

• (c) an offence under Article 19(1) or (3) of the 1997 Order (certain offences relating to parking places on roads where charges may be made); and

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) an offence under Article 27A(2) of the 1997 Order (contravention of a taxi regulation order)

• (2) Paragraph (1) shall not apply to an offence under Article 14(1) of the 1997 Order where the contravention involves a vehicle and where a person uses any vehicle in an off-street parking place for any of the following purposes, or in the following circumstances:-

• (a) consumption of alcohol; or

• (b) sleeping or camping; or

• (c) eating or cooking; or

• (d) servicing or washing any vehicle or part thereof.

Signed

Sealed with the Official Seal of the Department for Regional Development on 15th September 2006.

R. Sherman — A senior officer of the Department for Regional Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations prescribe the road traffic offences which are subject to civil enforcement and are exempt from criminal proceedings for the purposes of Article 4(7) of the Traffic Management (Northern Ireland) Order 2005.

Footnotes

[^f00001]: S.I. 2005/1964 (N.I. 14); see Article 2(2) for the definition of “prescribed”

Editorial notes

[^key-509eee7e43ecc1987239ec5f690d5a51]: Reg. 2 in operation at 30.10.2006, see reg. 1(1)

[^key-51ad2f6b774e9215c1987055557daca9]: Reg. 1 in operation at 30.10.2006, see reg. 1(1)

[^key-cdfffc7971c148e9ad73b6c3bf6a3207]: Art. 2(1)(d) deleted (30.10.2006) by virtue of The Penalty Charges (Exemption from Criminal Proceedings) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/432), regs. 1, 2(a)

[^key-fb26a47e649dc02a16c4a9ffaf250401]: Art. 2(2) substituted (30.10.2006) by virtue of The Penalty Charges (Exemption from Criminal Proceedings) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/432), regs. 1, 2(b)

[^key-196b1c9a96e4667733e4d454fc76b1f3]: Reg. 2(1)(e) substituted (1.7.2010) by The Penalty Charges (Exemption from Criminal Proceedings) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/183), regs. 1, 2