LegalizeThe Road Traffic (Financial Penalty Deposit) Order (Northern Ireland) 2012
Made: 26th January 2012
Coming into operation: 23rd April 2012
The Department of the Environment makes the following Order in exercise of the powers conferred by Articles 91B(2)(b), 91C(1)(a) and 91D(9) of the Road Traffic Offenders (Northern Ireland) Order 1996 .
The Department has consulted with such representative organisations as it thinks fit in accordance with Article 91F(1) of that Order.
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Road Traffic (Financial Penalty Deposit) Order (Northern Ireland) 2012 and shall come into operation on 23rd April 2012.
- (2) In this Order—
- “credit card” means a card or similar thing issued by any person, use of which enables the holder to defer the payment by the holder of the charge for the appropriate amount;
- “debit card” means a card or similar thing issued by any person, use of which by the holder causes the charge for the appropriate amount to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking services; and
- “the Order” means the Road Traffic Offenders (Northern Ireland) Order 1996.
The specified person
2
The specified person for the purposes of Article 91B(2)(b) of the Order is the person in charge of the motor vehicle at the time at which the constable or vehicle examiner has reason to believe that a person is committing, or has on that occasion committed an offence specified in this Order relating to that vehicle.
The specified offences
3
The specified offences for the purposes of Article 91B(2)(b) of the Order are set out in column one of the tables in the Schedule (the general nature of the offence is also indicated in column two).
The specified circumstances
4
- (1) The specified circumstances for the purposes of Article 91B(2)(b) of the Order are that the offence is being committed, or has on that occasion been committed, on a road or other public place.
- (2) In this Article, “road” has the meaning given in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995 .
Manner of payment
5
Payment of the appropriate amount shall be made—
- (a) in person to the constable or vehicle examiner, by cash or credit or debit card, if the vehicle examiner or constable has the necessary means to accept payment in that manner;
- (b) by telephone by credit or debit card, to the number on the document referred to in Article 91B(3) of the Order, if a number is so given; or
- (c) by any other means specified on the document referred to in Article 91B(3) of the Order.
Appropriate steps to make an appropriate refund
6
- (1) The appropriate steps to trace the person and to make an appropriate refund, for the purposes of Article 91D(9) of the Order are set out in paragraphs (2) and (3).
- (2) The Department shall—
- (a) attempt to contact the person (on whom the financial penalty requirement was imposed) at any address given in any response or in any document provided to a vehicle examiner or constable; but
- (b) if the attempt to contact that person is unsuccessful, and if a person other than that person made the payment, attempt to contact that other person, at any address or contact details given when the person made the payment.
- (3) The means by which an appropriate refund can be made by the Department are—
- (a) by cheque;
- (b) by refund to any credit or debit card used to make the financial penalty payment; or
- (c) by any other means agreed with the person to whom the appropriate refund is to be made.
SCHEDULE
| Provision creating offence | General nature of offence |
|---|---|
| Section 4(4) | Using motor vehicle on road except under Road Service licence |
| . . . | . . . |
| Section 34 | Forgery and misuse of documents |
| Provision creating offence | General nature of offence |
| --- | --- |
| Article 3(1) | Driving a vehicle on a road if not the holder of a licence authorising to drive a motor vehicle of that class |
| Article 11A | Driving after refusal or revocation of licence |
| Article 31E(1) | Using, causing or permitting to be used a motor vehicle without required certificate being in force showing that the vehicle complies with type approval requirements applicable to it |
| Article 56(3) | Contravention of any requirement of the domestic drivers' hours code by drivers of goods vehicles |
| Article 60(2) and Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 | Using a vehicle without certificate of initial fitness (or equivalent) |
| Article 63 | Contravention of any requirement of the domestic drivers' hours code by drivers of public service vehicles |
| Article 72(1) | Failing to comply with conditions of LGV or PCV driver's licence |
| Article 72(2) | Causing or permitting a person under 21 to drive LGV or PCV in contravention of conditions of licence |
| Article 81(1) | Contravention of any requirement of applicable Community rules as to periods of driving |
| Articles 84(1) and 86(1)(a) | Driving a foreign goods vehicle or foreign public service vehicle in contravention of a prohibition |
| Article 86(1) | Failing to comply with prohibition or direction in relation to driving vehicle |
| Article 90(4) | Using a motor vehicle while uninsured or unsecured against third party risks |
| Article 154(1) | Driving with uncorrected defective eyesight |
| Article 168A(1)(c) | Driving while disqualified |
| Article 175(2) | Failing to stop after accident and give particulars or report accident |
| Article 177(1) | Failing to give correct name and address and that of the vehicle owner and any other information concerning the vehicle such as names and addresses of any passengers |
| Article 180(1) | Failing to stop a mechanically propelled vehicle or cycle when required |
| Article 180(4) | Failing to produce driving licence, certificate of insurance, test certificate or goods vehicle test certificate |
| Provision creating offence | General nature of offence |
| --- | --- |
| Article 20(4) | Wrongful use of a special road |
| Provision creating offence | General nature of offence |
| --- | --- |
| Section 42(1) | Driving or keeping a vehicle without required registration mark |
| Section 43(1) | Driving or keeping a vehicle with registration mark obscured etc. |
| Section 44(1) | Forgery and fraudulent use of a registration mark |
| Provision creating offence | General nature of offence |
| --- | --- |
| Section 40(3) | Failing to comply with PSV accessibility regulations made under section 40(1) |
| Section 41(3) | Using a regulated public service vehicle on the road where no accessibility certificate or approval certificate has been issued |
| Provision creating offence | General nature of offence |
| --- | --- |
| Article 12 | Careless and inconsiderate driving |
| Article 15(1) | Driving or attempting to drive when unfit to drive through drink or drugs |
| Article 15(2) | Being in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs |
| Article 16(1)(a) | Driving or attempting to drive with excess alcohol in breath, blood or urine |
| Article 16(1)(b) | Being in charge of a motor vehicle with excess alcohol in breath, blood or urine |
| Article 23(3) | Breach of regulations requiring wearing of seat belts |
| Article 24(2) | Driving a motor vehicle where a child under the age of 14 years is in the front not wearing a seat belt or with a child in a rear-facing child restraint in the front seat with an active air bag |
| Article 24(5) | Driving a motor vehicle where a child under the age of 14 years is in the rear not wearing a seat belt |
| Article 27(3) | Driving or riding motor cycles in contravention of regulations requiring wearing of protective headgear |
| Article 29(3) | Contravention of regulations with respect to use of head-worn appliances (eye protectors) on motor cycles |
| Article 30(1) | Prohibition of parking of heavy commercial vehicles on the verge of a road, land between two carriageways or on a footway |
| Article 32 | Leaving vehicle in dangerous position |
| Article 47(3) | Unauthorised motor vehicle trial on public path or other public right of way |
| Article 48(1) | Driving mechanically propelled vehicles elsewhere than on roads |
| Article 49(1) | Failing to comply with traffic directions given by a constable in uniform carrying out functions under the Road Traffic Orders |
| Article 49(2) | Failing to comply with traffic directions given by a constable in uniform where a traffic survey is being carried out |
| Article 50(1) | Failing to comply with traffic signs |
| Article 54 | Using, or causing or permitting another to use a motor vehicle or trailer on a road when in dangerous condition |
| Article 56 | Breach of requirement as to brakes, steering-gear or tyres |
| Article 56A | Breach of requirements as to control of vehicle, mobile telephones or other hand-held interactive communication device |
| Article 57(1) | Breach of requirement as to weight: goods and passenger vehicles |
| Article 58 | Breach of other construction and use requirements |
| Article 63(1) | Using, or causing or permitting to be used, a motor vehicle without required test certificate being in force |
| Article 69(3) | Using a goods vehicle or causing or permitting it to be used where the Department is required to be notified under Article 65 of alteration to it or its equipment but has not been notified |
| Article 70(2) | Using goods vehicle with unauthorised weights as well as unauthorised weights marked on it |
| Article 75(10) | Obstructing testing of vehicle by examiner on road or other public place or failing to comply with requirements of Article 75 of the Road Traffic (Northern Ireland) Order 1995 |
| Article 76(3) | Obstructing inspection of vehicle by examiner |
| Article 76(5) | Failing to comply with requirement to take vehicle for inspection |
| Article 80(1) | Driving a vehicle in contravention of prohibition on driving it as being unfit for service, or failing to comply with direction to remove a vehicle found overloaded |
| Article 84(1) | Fitting of defective or unsuitable vehicle parts |
| Article 86(3) | Failing to comply with requirement about weighing motor vehicle or obstructing authorised person |
| Provision creating offence | General nature of offence |
| --- | --- |
| Article 67(2) | Removing or interfering with fixed penalty notice fixed to vehicle |
| Article 91E(6) | Driving a vehicle, causing or permitting a vehicle to be driven in contravention of a prohibition on driving on failure to make a financial penalty deposit payment |
| Provision creating offence | General nature of offence |
| --- | --- |
| Article 4(5) | Using a vehicle in contravention of a traffic regulation order |
| Article 5(9) | Breach of experimental traffic control scheme |
| Article 7(9) | Using a vehicle in contravention of temporary prohibition or restriction of traffic in case of execution of works |
| Article 43(1) | Exceeding speed limit |
| Article 59(4) | Breach of pedestrian crossing regulations |
| Provision creating offence | General nature of offence |
| --- | --- |
| Section 1(6) | Using goods vehicle on road for carriage of goods except under operator’s licence |
| Provision creating offence | General nature of offence |
| --- | --- |
| Section 11(1) | Using or keeping a heavy goods vehicle on a road without paying the HGV road user levy |
| Provision creating offence | General nature of offence |
| --- | --- |
| Regulation 19(1) | Using vehicle for Community regulated carriage of passengers otherwise than in accordance with the Council Regulations or the Commission Regulation |
| Regulation 19(2) | Using vehicle for ASOR regulated or Community regulated carriage by road without passenger waybill |
| Provision creating offence | General nature of offence |
| --- | --- |
| Regulation 3(1) | Using a vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with the EU Tachographs Regulation |
| Regulation 3A(1) and (2) | Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with the AETR. |
| Regulation 5(1) | Forging, altering or using with intent to deceive any seal on recording equipment |
| Regulation 6A | Contravention of requirement of applicable Community rules as to manual records or documents. |
| Regulation 7(4) and 7D | Failing to comply with requirements relating to inspection of records or obstructing a vehicle examiner |
| Regulation 7(5) | Making a false record or entry on a record sheet or alters or causes to be altered any such record or entry |
| Regulation 7D(1) | 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 |
| Regulation 7E(1) | Making or causing or permitting a false record or entry |
| Regulation 7E(3) | Recording or causing or permitting to be recorded false data on recording equipment or on a driver card |
| Regulation 7E(6) | Producing, supplying or installing any device to interfere with recording equipment or falsification, alteration, destruction or suppression of data |
| Provision creating offence | General nature of offence |
| --- | --- |
| Regulation 2 | Using a public service vehicle without Community licence |
| Regulation 6 | Failing to comply with conditions governing use of Community authorisation |
Signed
Sealed with the Official Seal of the Department of the Environment on 26th January 2012
Deirdre Kenny — A senior officer of the
Explanatory note
(This note is not part of the Order)
Footnotes
[^f00001]: S.I. 1996/1320 (N.I. 10); seeArticle 2(2) for the definition of “Department”; this definition was inserted by paragraph 15(a) of Schedule 7 to S.I. 2007/ 916 (N.I. 10). Part IVA (which includes Articles 91A-91F) is inserted by Article 12 of S.I. 2007/916 (N.I. 10)
[^f00002]: S.I. 1995/2994 (N.I. 18)
[^f00003]: 1967 c.37 (N.I.)
[^f00004]: Section 4(4) was amended by SRO (N.I.) 1972/359 & S.I. 1984/703 (N.I. 3)
[^f00005]: Section 17(3) was amended by S.I. 1984/703 (N.I. 3)
[^f00006]: Section 34 was amended by 1975 c.46, S.R. 1977 No. 327, S.R. 1981 No. 2, 1981 c. 45, S.I. 1984/703 ( N.I. 3), S.R. 1987 No. 187, S.R. 1987 No. 383, S.R. 2003 No. 217 and S.R. 2005 No. 212
[^f00007]: S.I. 1981/154 (N.I. 1)
[^f00008]: Article 11A was inserted by Article 33(3) of S.I. 2007/ 916 (N.I. 10)
[^f00009]: Article 31E(1) was inserted by Article 3 of S.I. 1985/755 (N.I. 6)
[^f00010]: Article 60(2) was amended by S.I. 1991/197 (N.I. 3)
[^f00011]: S.I. 1996/1320 (N.I. 10)
[^f00012]: Article 63 was amended by S.R. 1981 No. 199
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