Road Traffic (Northern Ireland) Order 1981

• Citation: S.I. 1981/154 (N.I.)
• Sections: 159

Section 1 Title and commencement

(1) This Order may be cited as the Road Traffic (Northern Ireland) Order 1981.

(2) Subject to paragraph (3), this Order shall come into operation on the expiration of the period of one month from the date on which it is made.

Para. (3) rep. by 1996 NI 10

(4) The Head of the Department may by order appoint a day for the purposes of Article 93(1).

Section 2 Interpretation

(1) The Interpretation 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—

“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (as applied by Article 2(3) of the Community Drivers’ Hours Regulation);

“ applicable Community rules ” means—

the Community Drivers' Hours Regulation, including the AETR; and

the EU Tachographs Regulation;

“ appointed day ” means, in relation to any provision of this Order, the day appointed under Article 1 for the purposes of that provision;

Definition rep. by 1997 NI 2

“ carriage of goods ” includes the haulage of goods;

“ certificate of insurance ” has the meaning assigned to it by Article 92(4);

“the Community Drivers' Hours Regulation” means Regulation No ( EC ) 561/2006 of the European Parliament and of the Council as amended from time to time;

“ Community licence ” has the meaning assigned to it by Article 19D;

“ constable ” does not include a member of the Naval, Military or Royal Air Force Police;

“ Department ” means the Department of the Environment;

Definition rep. by 1997 NI 2

“ domestic drivers' hours code ” has the meaning given by Article 56(6);

Definition rep. by 1995 NI 18

“ driving licence ” means a licence to drive a motor vehicle granted under Part II ;

“ dual purpose vehicle ” means a vehicle constructed or adapted for the carriage both of passengers and of goods or burden of any description, being a vehicle of which the unladen weight does not exceed 2040 kilograms, and which either—

is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle, or

satisfies the following conditions as to construction, namely—

the vehicle must be permanently fitted with a rigid roof, with or without a sliding panel;

the area of the vehicle to the rear of the driver's seat must—

be permanently fitted with at least one row of transverse seats (fixed or folding) for two or more passengers and those seats must be properly sprung or cushioned and provided with upholstered back-rests, attached either to the seats or to a side or the floor of the vehicle; and

be lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 1850 square centimetres on each side and not less than 770 square centimetres at the rear;

the distance between the rearmost part of the steering wheel and the back-rests of the row of transverse seats satisfying the requirements specified in head ( b )(i) (or, if there is more than one such row of seats, the distance between the rearmost part of the steering wheel and the back-rests of the rearmost such row) must, when the seats are ready for use, be not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle;

“ enactment ” includes any order, regulation, rule, bye-law or other instrument made under a statutory provision;

“ EU Tachographs Regulation ” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, as amended from time to time;

“ goods ” includes goods or burden of any description;

“ goods vehicle ” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

“ goods vehicle certificate ” means a certificate granted under Article 54;

“ heavy locomotive ” has the meaning assigned to it by Article 37(1)( a );

“ heavy motor car ” has the meaning assigned to it by Article 37(1)( d );

“ hours of darkness ” means the time between half an hour after sunset and half an hour before sunrise;

“ hovercraft ” has the meaning given in section 4(1) of the Hovercraft Act 1968 ;

“ inspector of vehicles ” shall be construed in accordance with paragraph (4) of Article 74 of the Order of 1995 (appointment of vehicle examiners);

“ Interbus ” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;

Definition rep. by 1995 NI 18

“ lamp ” includes a tail light;

“ light locomotive ” has the meaning assigned to it by Article 37(1)( b );

“ motor car ” has the meaning assigned to it by Article 37(1)( e );

“ motor cycle ” has the meaning assigned to it by Article 37(1)( f );

“ motor tractor ” has the meaning assigned to it by Article 37(1)( c );

“ motor vehicle ” means a mechanically-propelled vehicle (not being a tramcar or other vehicle running on permanent rails, or a trolley vehicle) which is intended or adapted for use on roads;

“ obligatory headlamps ” means the lamps referred to in Article 38(2);

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

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

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

Definition rep. by 1995 NI 18

Definition rep. by 1997 NI 2

“ parking place ” means a place where vehicles or vehicles of any particular class or description may wait;

Definition rep. by 1995 NI 18

“ prescribed ” means prescribed by regulations;

“ provisional licence ” has the meaning given in Article 19D(1);

Definition rep. by 1997 NI 2

“ public service vehicle ” means a motor vehicle or a trolley vehicle used in standing or plying for hire, or used to carry passengers for hire, but does not include any vehicle in respect of which a certificate of exemption in the prescribed form has been issued by the Department any motor vehicle exempted from licensing requirements by virtue of section 10A of the Transport Act (Northern Ireland) 1967 or any vehicle to which Article 66A (car-sharing arrangements) applies ;

“ rear lamps ” means the lamps referred to in Article 38(1)( b );

Definition rep. by 1996 NI 10

...

“ road ” includes a public road and any street, carriageway, highway or roadway to which the public has access;

“ the Road Traffic Orders ” means this Order . . . the Order of 1995 . . . the Road Traffic Regulation (Northern Ireland) Order 1997 . . . the Order of 2007 and the Taxis Act (Northern Ireland) 2008 ;

“ RPT Chapter ” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—

Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and

Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;

“ RSR Protocol ” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;

“ side lamps ” means the lamps referred to in Article 38(1)( a );

Definition rep. by 1991 NI 3

“ statutory provision ” has the meaning assigned to it by section 1( f ) of the Interpretation Act (Northern Ireland) 1954 ;

“ tail light ” means, in relation to any vehicle, any lamp carried attached to the vehicle for the purpose of showing a red light to the rear in accordance with this Order and any regulations made under this Order;

“ the test ” means the test of competence to drive prescribed by virtue of Article 5(3);

“ Trade and Cooperation Agreement ” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;

“ traffic ” includes the passage of animals on a road;

“ transport undertaking ” has the meaning given in the Community Drivers' Hours Regulation;

Definition rep. by 1997 NI 2

“ trailer ” means a vehicle drawn by a motor vehicle;

Definition rep. by 1995 NI 18

“ trunk road ” has the meaning given in Article 2(2) of the Roads (Northern Ireland) Order 1993 ;

“ vehicle ” includes a . . . cycle and a trailer.

(2A) Any expression for whose interpretation provision is made by Part I of the Order of 1995 or Article 53 of that Order (and not by this Article) is to be construed in accordance with that provision.

Para. (3) rep. by 1995 NI 18

(3A) For the purposes of this Order—

(a) a trailer with an unladen weight exceeding 1,020 kilograms; or

(b) any other vehicle with an unladen weight exceeding 1,525 kilograms,

shall be taken to be a vehicle with a permissable maximum weight exceeding 3,500 kilograms.

(4) Any reference in this Order to a class of motor vehicle shall include a reference to a subdivision of such a class.

(5) For the purposes of section 42(2) of the Northern Ireland Constitution Act 1973 (validity of Acts of the Parliament of Northern Ireland), provisions of this Order which re-enact provisions of an Act of the Parliament of Northern Ireland shall be deemed to be provisions of such an Act.

(6) Provisions of this Order which re-enact provisions of orders or regulations made under any statutory provision shall have no greater effect by virtue of their re-enactment.

Section 3 Drivers of motor vehicles to have driving licences

(1) It is an offence under this Order for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.

(2) It is an offence under this Order for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Exceptions

(1) Notwithstanding Article 3, a person may drive or cause or permit another person to drive a vehicle of any class if—

(a) the driver has held—

(i) a licence under this Part to drive vehicles of that or a corresponding class, or

(ia) a Community licence to drive vehicles of that or a corresponding class, or

(ii) a Great Britain licence to drive vehicles of that or a corresponding class, or

(iii) a British external licence or British forces licence to drive vehicles of that or a corresponding class, or

(iv) an exchangeable licence to drive vehicles of that or a corresponding class, and

(b) either—

(i) a qualifying application by the driver for the grant of a licence to drive vehicles of that class for a period which includes that time has been received by the Department, or

(ii) a licence to drive vehicles of that class granted to him has been revoked or surrendered in pursuance of Article 15(5) or (6) otherwise than by reason of a current disqualification or of its having been granted in error and he has complied with any requirements imposed on him under Article 15(8B), and

(c) any conditions which by virtue of Article 13(3) or 14(2) apply to the driving under the authority of the licence of vehicles of that class are complied with.

(2) An application for the grant of a licence to drive vehicles of any class is a qualifying application for the purposes of paragraph (1)(b)(i) if—

(a) the requirements of sub-paragraphs (a), (b) so far as it relates to initial evidence and (c) of paragraph (1) of Article 13 have been satisfied;

(b) the applicant—

(i) is not subject to a current disqualification which is relevant to the licence he applies for, and

(ii) is not prevented from obtaining it by Article 5 of this Order or Article 6 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998 ; and

(c) the declaration made in pursuance of Article 9(1) indicates that he is not suffering from a relevant disability.

(3) A disqualification is relevant to a licence for which a person makes an application if—

(a) in the case of an application made by virtue of any provision of paragraph (1)(a), the disqualification subsists under or by virtue of any provision of the Road Traffic Orders or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 or of the Offenders Order and relates to vehicles of the class to which his application relates;

(aa) in the case of an application made by virtue of paragraph (1)(a)(ia), the disqualification subsists under or by virtue of any provision of the law of an EEA State ... and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

(b) in the case of an application made by virtue of paragraph (1)(a)(ii), the disqualification subsists under or by virtue of any provision of the law of Great Britain and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

(c) in the case of an application made by virtue of paragraph (1)(a)(iii), the disqualification subsists under or by virtue of any provision of the relevant external law or, as the case may be, is a disqualification for holding or obtaining a British forces licence and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates; and

(d) in the case of an application made by virtue of paragraph (1)(a)(iv), the disqualification subsists under or by virtue of any provision of the law of the . . . country or territory under which the licence which he held was granted and relates to vehicles of the class, or of a class corresponding to the class, to which his application relates;

but a disqualification which does not prevent the person disqualified from obtaining a provisional licence or, as the case may be, a licence corresponding to a provisional licence is relevant to a full licence but not to a provisional licence.

(4) The benefit of paragraph (1) does not extend—

(a) beyond the date when a licence is granted in pursuance of the application mentioned in paragraph (1)(b) or (as the case may be) in pursuance of Article 15(8) or (8A) in consequence of the revocation or surrender so mentioned, or

(b) in a case where a licence is not in fact so granted, beyond the expiration of the period of one year or such shorter period as may be prescribed, beginning on the date on which the application is received by the Department or (as the case may be) the revocation or surrender mentioned in paragraph (1)(b), or

(c) in a case where a licence is refused under Article 9(3) beyond the day on which the applicant receives notice of the refusal.

(5) The Department may by regulations provide that paragraph (1) shall also apply (where the requirements of that paragraph are otherwise met) in the case of a person who has not previously held a licence to drive vehicles of the relevant class.

(6) Regulations made by virtue of paragraph (5) shall, if not previously revoked, expire at the end of the period of one year beginning with the day on which they came into operation.

(7) Regulations may provide that a person who becomes resident in Northern Ireland shall, during the prescribed period after he becomes so resident, be treated for the purposes of Article 3 as the holder of a licence authorising him to drive motor vehicles of the prescribed classes if—

(a) he satisfies the prescribed conditions, and

(b) he is the holder of a permit of the prescribed description authorising him to drive vehicles under the law of a country outside the United Kingdom.

(8) Regulations made by virtue of paragraph (7) may provide for the application of any statutory provision relating to licences, counterparts of licences or licence holders, with or without modifications, in relation to any such permit and its holder respectively.

(9) Notwithstanding Article 3—

(a) a person who is not the holder of a licence may act as steersman of a motor vehicle which is controlled by a pedestrian and not constructed or adapted for use, or used, for the carriage of a driver or passenger who—

(i) is licensed in that behalf in accordance with the requirement of this Part and Part V, or

(ii) is authorised by virtue of Article 15A(1) to drive in Northern Ireland such a motor vehicle, and

(b) a person may cause or permit another person who is not the holder of a licence so to act.

(10) In this Part—

“ British external licence ” means a licence granted in the Isle of Man or any of the Channel Islands under the relevant external law;

“ British forces licence ” means a licence granted in the Federal Republic of Germany by the British authorities to members of the British forces or of the civilian components of those forces or their dependants; and

“ relevant external law ” means the law for the time being in force in the Isle of Man or any of the Channel Islands which corresponds to this Part.

Section 5 Tests of competence to drive

(1) A licence authorising the driving of motor vehicles of any class shall not be granted to any person unless he ... satisfies the Department (or, in the case of a test of competence passed under paragraph (a)(i) after a prescribed day, the Department is satisfied in such manner as may be prescribed)

(a) that he has passed–

(i) the test of competence to drive prescribed by virtue of paragraph (3) not earlier than the appointed day, or

(ii) a Great Britain test of competence to drive which corresponds to such a test at some time during the period of 2 years ending with the date the application is made but not earlier than the appointed day, or

(iii) a test of competence which under paragraph (7) is a sufficient test at some time during the period of 2 years ending with the date the application is made but not earlier than the appointed day;

or that, if it is available to him, he satisfies the alternative requirement of Article 6; or

(b) that at some time not earlier than the appointed day he has held—

(i) a full licence authorising the driving of vehicles of that class, or

(ii) a full Great Britain licence authorising the driving of vehicles of a class corresponding to the class;

or that, if it is available to him, he satisfies the alternative requirement of Article 6; or

(c) that at some time during the period of 2 years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class . . . for the purpose of obtaining a British forces licence; or

(d) that at some time not earlier than the appointed day he has held a full British external licence or a full British forces licence to drive vehicles of that or a corresponding class or that, if it is available to him, he satisfies the alternative requirement of Article 6; or

(e) that at some time during the period of 2 years ending with the date the application is made he has passed a test of competence to drive vehicles of that or a corresponding class conducted under the law . . . of Gibraltar . . . ; or

(ea) that either at the time of the application for the licence he holds a Community licence authorising the driving of vehicles of that or a corresponding class or at any time he has held such a Community licence; or

(f) that, at the time of the application for the licence, he holds an exchangeable licence authorising the driving of vehicles of that or a corresponding class.

This paragraph is subject to the provisions of this Part as to provisional licences and to the provisions of any regulations made by virtue of Article 19C(1)(g).

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of paragraph (1)—

(a) a licence which has been revoked under Article 15(5) or under any corresponding provision of—

(i) the law of Great Britain,

(ii) the relevant external law, or

(iii) the law of an EEA State ...,

as a licence granted in error shall be disregarded for the purposes of sub-paragraph (b), (d) or (ea) (as the case may be) or that paragraph;

Sub-para. (b) rep. by SR 1996/426

(c) a British external licence to drive any class of goods vehicle or any class of passenger-carrying vehicle is to be disregarded for the purposes of sub-paragraph (d) of that paragraph unless the Department, by order, designates the relevant external law under which it is granted as one which makes satisfactory provision for the granting of such licences.

(2A) Except as provided under paragraph (5A), no person submitting himself for a test of competence to drive a motor bicycle 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.

(3) Regulations may make provision with respect to—

(a) the nature of tests of competence to drive for the purposes of this Article and Article 41 of the Offenders Order (disqualification) , and the administrative arrangements for submitting for such tests,

(b) the qualifications, selection and appointment of persons by whom they may be conducted conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment and the revocation of an appointment,

(ba) the duty of a person submitting himself for a test to produce, and in prescribed circumstances surrender, any licence previously granted to him,

(c) evidence of the results of such tests,

and generally with respect to such tests.

(4) In particular, regulations may, without prejudice to the generality of paragraph (3), provide—

(a) for requiring a person submitting himself for a test to provide a safe and suitable vehicle for the purposes of the test and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed,

(aa) for requiring a person submitting himself for a test to have been normally and lawfully resident in Northern Ireland or the United Kingdom (within the meaning of Article 13A) for such period ending on the date of his appointment for the test as may be prescribed,

(b) or the charging (whether on the making of an appointment for a test or otherwise) of reasonable fees for or in connection with the test and any inspection of a vehicle required by regulations under paragraph (a) in relation to the test,

(c) for ensuring that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself for another test by the same or any other person before the expiration of a period specified in the regulations, except under an order made by a court under the power conferred by Article 7.

(5) If regulations make provision for a test of competence to drive to consist of separate parts, they may make for each part—

(a) any provision that could be made for a test not consisting of separate parts, . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5ZA) Regulations under paragraph (3)(b) may in particular provide–

(a) for the supply by the Department to persons by whom tests of competence to drive, or parts of such tests, may be conducted of forms for certificates evidencing the results of such tests or parts of such tests, and

(b) for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Department by the regulations.

(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.

(6) Regulations may prescribe cases in which persons are exempt from the requirements imposed by paragraph (3); 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.

(7) For the purposes of paragraph (1)(a)(iii) or Article 6(2)(b)(iii), a test of competence shall be sufficient for the granting of a licence authorising the driving of—

(a) vehicles of any class, if at the time the test was passed it authorised the granting of a licence to drive,

(b) vehicles of all classes which are designated by regulations as a group for the purposes of paragraph (1)(a) if at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group, and

(c) vehicles of all classes included in another such group, if a person passing the test is treated by virtue of regulations made for the purposes of this sub-paragraph as competent also to drive vehicles of a class included in that other group.

(8) If vehicles of any classes are designated by regulations as a group for the purposes of paragraph (1)(b), a licence authorising the driving of vehicles of a class included in the group shall be deemed for the purposes of paragraph (1)(b)(i) or Article 6(4)(a) to authorise the driving of—

(a) vehicles of all classes included in the group (except where regulations otherwise provide), and

(b) vehicles of all classes included in another such group, if a person holding the licence is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

The reference in this paragraph to a licence does not include a licence which has been revoked in pursuance of Article 15(5).

(9) For the purposes of this Article and Article 4(1), an exchangeable licence issued in respect of a . . . country or territory shall not be treated as authorising a person to drive a vehicle of any class if—

(a) the licence is not for the time being valid for that purpose, or

(b) it was issued in respect of that class for a purpose corresponding to that mentioned in Article 13(2).

(10) A test of competence falling within sub-paragraphs (a)(ii), (c) or (e) of paragraph (1) shall be sufficient for the granting of a licence authorising the driving of—

(a) vehicles of all classes designated by regulations as a group for the purposes of paragraph (1)(a), if (except where regulations otherwise provide) at the time the test was passed it authorised the granting of a licence to drive vehicles of any class included in the group, or of any class corresponding to a class included in the group, and

(b) vehicles of all classes included in another such group, if a person passing a test of competence authorising the granting of a licence to drive vehicles of a class included in the group mentioned in sub-paragraph (a) is treated by virtue of regulations as competent also to drive vehicles of a class included in that other group.

(11) A full Great Britain licence, a full British external licence, a full British forces licence , a Community licence or an exchangeable licence shall be treated for the purposes of sub-paragraph (b)(ii), (d) ,(ea) or (f) (as the case may be) of paragraph (1) as authorising the driving of—

(a) (except where regulations otherwise provide) vehicles of all classes designated by regulations as a group for the purposes of paragraph (1)(b), if the licence authorises the driving of vehicles of any class included in the group, or any class corresponding to a class included in the group, and

(b) vehicles of all classes included in another such group, if by virtue of regulations a person holding a licence authorising him to drive vehicles of any class included in the group mentioned in subparagraph (a) is treated as competent also to drive vehicles of a class included in that other group.

Para. (12) rep. by SR 1996/426

Section 6 The alternative requirements to those in Article 5

(1) The alternative requirements referred to in Article 5(1) are the following.

(2) The requirement which is alternative to that specified in Article 5(1)(a) on an application by a person for a licence authorising the driving of motor vehicles of any class other than any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of paragraph (3)—

(a) is available to that person if the application is made within the period of 10 years beginning with the appointed day, and

(b) is that at some time before the appointed day and during the period of 10 years ending with the date the application is made he has passed—

(i) the test of competence to drive prescribed by virtue of Article 5(3) or a test of competence to drive which corresponds to such a test, or

(ii) a Great Britain test of competence to drive which corresponds to any test falling within (i), or

(iii) a test of competence which under Article 5(7) is a sufficient test or a test of competence to drive which corresponds to such a test.

(3) The requirement which is alternative to that specified in Article 5(1)(a) on an application by a person for a licence authorising the driving of any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of this paragraph—

(a) is available to that person if the application is made within the period of 5 years beginning with the appointed day, and

(b) is that at some time before the appointed day and during the period of 5 years ending with the date the application is made he has passed—

(i) a test of competence to drive a heavy goods vehicle or public service vehicle of a class corresponding to the class of vehicle to which his application relates, or

(ii) a corresponding Great Britain test of competence to drive a heavy goods vehicle or public service vehicle of a class which corresponds to the class of goods vehicle or passenger-carrying vehicle to which his application relates.

(4) The requirement which is alternative to that specified in Article 5(1)(b) on an application by a person for a licence authorising the driving of motor vehicles of any class other than any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of paragraph (5) is that at sometime before the appointed day but not earlier than 1st January 1976 he has held—

(a) a full licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates, or

(b) a full Great Britain licence authorising the driving of vehicles of a class corresponding to the class of motor vehicle to which his application relates.

(5) The requirement which is alternative to that specified in Article 5(1)(b) on an application by a person for a licence authorising the driving of any class of goods vehicle or passenger-carrying vehicle prescribed for the purposes of this paragraph is that at some time before the appointed day but not earlier than the beginning of the period of 5 years ending on that date he has held—

(a) a full heavy goods vehicle or a public service vehicle driver's licence authorising the driving of vehicles of a class corresponding to the class of vehicle to which his application relates, or

(b) a full Great Britain licence to drive heavy goods vehicles of a class corresponding to the class of vehicle to which his application relates or a Great Britain licence to drive public service vehicles of a class corresponding to the class of vehicle to which his application relates.

(6) The requirement which is alternative to that specified in Article 5(1)(d) on an application by a person for a licence authorising the driving of motor vehicles of any class—

(a) is available to that person if the application is made within the period of 10 years beginning with the appointed day, and

(b) is that at some time before the appointed day and during the period of 10 years ending with the date the application is made he has held a full British external licence or a full British forces licence to drive vehicles of that or a corresponding class.

(7) In this Article “ heavy goods vehicle ” has the same meaning as it had for the purposes of Article 79 before its repeal by Article 4 of the Road Traffic (Amendment) (Northern Ireland) Order 1991.

Section 7 Review of conduct of test

(1) On the application of a person who has submitted himself for a test of competence to drive, a court of summary jurisdiction ... may determine whether the test was properly conducted in accordance with regulations.

(2) The court may, if it appears that the test was not so conducted—

(a) order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of Article 5(4)(c), and

(b) order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.

(3) If regulations make provision for a test of competence to drive to consist of separate parts, this Article applies in relation to each part as well as in relation to the whole of the test.

Section 8 Repayment of test fees

The whole or any part of a fee paid in pursuance of regulations made by virtue of Article 5(4) on application for an appointment for a test may be repaid in the following cases and not otherwise—

(a) if no such appointment is made, or an appointment made is subsequently cancelled by or on behalf of the Department;

(b) if the person for whom the appointment is made gives such notice cancelling the appointment as may be prescribed for the purposes of this sub-paragraph by regulations;

(c) if the person for whom the appointment is made keeps the appointment but the test does not take place, or is not completed, for reasons attributable neither to him nor to any vehicle provided by him for the purposes of the test; or

(d) if an order for the repayment of the fee is made by the court under Article 7 pursuant to a finding that the test was not properly conducted in accordance with the regulations.

Section 8A Approved test assistants

(1) The Department may make regulations permitting any person wishing to be accompanied at a relevant test by another person (a “test assistant”) to be so accompanied if–

(a) he submits himself for the relevant test in any circumstances in which the Department considers it appropriate that he should be entitled to be so accompanied; and

(b) the test assistant is approved in accordance with regulations made under this Article to accompany people at relevant tests in such circumstances in order to assist them in undergoing the relevant tests.

(2) The circumstances in which the Department considers it appropriate that a person should be entitled to be accompanied by a test assistant at a relevant test may include, for example, circumstances in which he is likely to have difficulty in hearing, understanding or responding to instructions or questions in the course of the relevant test without assistance.

(3) The regulations may make provision in relation to the approval of test assistants and may, in particular, include provision–

(a) in relation to the making of applications for approval;

(b) for the payment in respect of applications for approval, or in connection with approvals, of fees of a prescribed amount;

(c) in relation to the period for which an approval is to have effect and withdrawing approval;

(d) authorising the imposition of conditions on an approval;

(e) for an appeal to lie to a court of summary jurisdiction acting for the petty sessions district in which the person resides against a refusal of an application for approval, the imposition of conditions on an approval or the withdrawal of approval;

(f) prescribing circumstances in which an approved test assistant may not act as such;

(g) as to the evidencing by persons of their status as approved test assistants;

(h) authorising the Department to make available (with or without charge) information about approved test assistants.

(4) In this Article “ relevant tests ” means–

(a) tests of competence to drive a motor vehicle prescribed by virtue of Article 5(3) of this Order or Article 41(5) of the Offenders Order;

(b) examinations of ability and fitness (or continued ability and fitness) to give driving instruction for which provision is made by virtue of Article 62 of the Order of 2007;

(c) emergency control assessments under Article 65 of the Order of 2007.

Section 9 Requirements as to physical fitness of drivers

(1) An application for the grant of a licence must include a declaration by the applicant, in such form as the Department may require, stating whether he is suffering or has at anytime (or, if a period is prescribed for the purposes of this paragraph, has during that period) suffered from any relevant disability or any prospective disability.

(2) In this Part—

“ disability ” includes disease and the persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency ,

“ relevant disability ” in relation to any person means—

any prescribed disability, and

any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public, and

“ prospective disability ” in relation to any person means any other disability which—

at the time of the application for the grant of a licence or, as the case may be, the material time for the purposes of the provision in which the expression is used, is not of such a kind that it is a relevant disability, but

by virtue of the intermittent or progressive nature of the disability, or otherwise, may become a relevant disability in course of time.

(3) If it appears from the applicant's declaration, or if on inquiry the Department is satisfied from other information, that the applicant is suffering from a relevant disability, the Department must, subject to the following provisions of this Article, refuse to grant a licence.

(4) The Department must not by virtue of paragraph (3) refuse to grant a licence—

(a) on account of any relevant disability which is prescribed for the purposes of this sub-paragraph, if the applicant has at any time passed a relevant test and it does not appear to the Department that the disability has arisen or become more acute since that time or was, for whatever reason, not disclosed to the Department at that time,

(b) on account of any relevant disability which is prescribed for the purposes of this sub-paragraph, if the applicant satisfies such conditions as may be prescribed with a view to authorising the grant of a licence to a person in whose case the disability is appropriately controlled,

(c) on account of any relevant disability which is prescribed for the purposes of this sub-paragraph, if the application is for a provisional licence.

(5) Where as a result of a test of competence to drive or of information obtained under the relevant powers the Department is satisfied that the person who took the test or in relation to whom the information was obtained is suffering from a disability such that there is likely to be a danger to the public—

(a) if he drives any vehicle,

(b) if he drives a vehicle other than a vehicle of a particular class, or

(c) if he drives a vehicle except in accordance with particular conditions,

the Department must serve notice in writing to that effect on that person and must include in the notice a description of the disability.

(6) Where a notice is served in pursuance of paragraph (5)(a), then—

(a) if the disability is not prescribed under paragraph (2), it shall be deemed to be so prescribed in relation to the person on whom the notice is served , and

(b) if the disability is prescribed for the purposes of paragraph (4)(c) it shall be deemed not to be so prescribed in relation to him.

(7) Where a notice is served in pursuance of paragraph (5)(b), the Department may—

(a) if the person on whom the notice is served is an applicant for a licence, grant him a licence limited to vehicles of the particular class specified in the notice or

(b) if he held a licence which is revoked by the Department and he complies with paragraph (7B), grant him a licence limited to vehicles of that class,

and, if the Department so directs in the notice, his entitlement to drive other classes of vehicle by virtue of Article 14(2) shall be limited as specified in the notice.

(7A) Where notice is served in pursuance of paragraph (5)(c), the Department may—

(a) if the person on whom the notice is served is an applicant for a licence, grant him a licence authorising him to drive vehicles subject to the particular conditions specified in the notice, or

(b) if he held a licence which is revoked by the Department and he complies with paragraph (7B), grant him a licence authorising him to drive vehicles subject to those conditions,

and, if the Department so directs in the notice, any entitlement which the person has to drive vehicles by virtue of Article 14(2) shall be subject to conditions as specified in the notice.

(7B) A person complies with this paragraph if—

(a) he surrenders the existing licence and its counterpart, and

(b) where the Department so requires, he provides evidence of his name, address, sex and date and place of birth and a photograph which is a current likeness of him.

(8) If it considers it appropriate to do so, the Department may, after serving a notice under any of the sub-paragraphs of paragraph (5), serve a further notice under that sub-paragraph or a notice under another of those sub-paragraphs; and on its serving the later notice the notice previously served shall cease to have effect and any licence previously granted in accordance with it shall be revoked by the later notice.

(9) In paragraph (5) the references to a test of competence to drive and to information obtained under the relevant powers are references respectively to a test of competence prescribed for the purposes of Article 5 or so much of such a test as is required to be taken in pursuance of Article 11(5)(c) and to information obtained in pursuance of Article 11(5)(a) or (b).

(10) A person whose licence is revoked by virtue of paragraph (8) must deliver the licence and its counterpart to the Department forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence.

(10A) In paragraph (9) the references to Article 11 include references to that Article as applied by Article 15D or 19H .

(11) In this Article “ relevant test ”, in relation to an application for a licence, means any such test of competence as is mentioned in Article 5 or a test as to fitness or ability in pursuance of Article 6 of this Order as originally enacted, being a test authorising the grant of a licence in respect of vehicles of the classes to which the application relates.

(12) Without prejudice to paragraph (11), for the purposes of paragraph (4)(a)—

(a) an applicant shall be treated as having passed a relevant test if, and on the day on which, he passed a test of competence to drive which—

(i) under a provision of the law of Great Britain or a relevant external law corresponding to paragraphs (3) and (4) or (6) of Article 5, either is prescribed in relation to vehicles of classes corresponding to the classes to which the application relates or is sufficient under that law for the granting of a licence authorising the driving of vehicles of those classes, or

(ii) is sufficient for the granting of a British forces licence authorising the driving of vehicles of those classes, and

(b) in the case of an applicant who is treated as having passed a relevant test by virtue of sub-paragraph (a), disclosure of a disability to his licensing authority shall be treated as disclosure to the Department.

(13) A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if the declaration included in accordance with paragraph (1) in the application on which the licence was granted was one which he knew to be false.

Section 10 Revocation of licence because of disability or prospective disability

(1) If the Department is at any time satisfied on inquiry—

(a) that a licence holder is suffering from a relevant disability, and

(b) that the Department would be required by virtue of Article 9(3) . . . to refuse an application for the licence made by him at that time,

the Department may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(2) If the Department is at any time satisfied on inquiry that a licence holder is suffering from a prospective disability, the Department may—

(a) serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice, and

(b) on receipt of the licence so revoked and its counterpart and of an application made for the purposes of this paragraph, grant to the licence holder, free of charge, a new licence for a period determined by the Department under Article 15(1)(c).

(2A) The Department may require a person to provide—

(a) evidence of his name, address, sex and date and place of birth, and

(b) a photograph which is a current likeness of him,

before granting a licence to him on application made for the purposes of paragraph (2) or paragraph (6) .

(3) A person whose licence is revoked under paragraph (1) or (2) must deliver up the licence and its counterpart to the Department forthwith after the revocation and a person who, without reasonable excuse, fails to do so is guilty of an offence under this Order.

(4) Where a person whose licence is revoked under paragraph (1) or (2)—

(a) is not in possession of his licence and its counterpart in consequence of the fact that he has surrendered them to a constable or an authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order, but

(b) delivers them to the Department immediately on their return.

he is not in breach of the duty under paragraph (3).

(5) Where the Department—

(a) is at any time sent by the licensing authority in Great Britain a licence under section 109B of the Road Traffic Act 1988, and

(b) by virtue of the reasons given by that authority for sending the licence is at that time satisfied as mentioned in paragraph (1)(a) and (b) or that the licence holder is suffering from a prospective disability,

the Department may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(6) Where the reasons given by the licensing authority in Great Britain for sending the licence relate to a prospective disability of the holder, the Department may, on an application made for the purposes of this paragraph, grant to the holder, free of charge, a new licence for a period determined by the Department under Article 15(1)(c).

Section 11 Provision of information, etc. , relating to disabilities

(1) If at any time during the period for which his licence remains in force, a licence holder becomes aware—

(a) that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Department, or

(b) that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the licence was granted,

the licence holder must forthwith notify the Department in writing of the nature and extent of his disability.

(2) The licence holder is not required to notify the Department under paragraph (1) if—

(a) the disability is one from which he has not previously suffered, and

(b) he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of 3 months beginning with the date on which he first becomes aware that he suffers from it.

(3) A person who fails without reasonable excuse to notify the Department as required by paragraph (1) shall be guilty of an offence under this Order.

(3A) Proceedings for an offence under paragraph (3) are subject to Article 7 of the Offenders Order.

(3B) A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if at any earlier time while the licence was in force he was required by paragraph (1) to notify the Department but has failed without reasonable excuse to do so.

(4) If—

(a) the prescribed circumstances obtain in relation to a person who is an applicant for, or the holder of, a licence; or

(b) the Department has reasonable grounds for believing that a person who is an applicant for, or the holder of a licence may be suffering from a relevant or prospective disability;

paragraph (5) applies for the purpose of enabling the Department to satisfy itself whether or not that person may be suffering from that or any other relevant or prospective disability.

(5) The Department may by notice in writing served on the applicant or holder—

(a) require him to provide the Department, within such reasonable time as may be specified in the notice, with such an authorisation as is mentioned in paragraph (6), or

(b) require him, as soon as practicable, to arrange to submit himself for examination—

(i) by such registered medical practitioner or practitioners as may be nominated by the Department, or

(ii) with respect to a disability of a prescribed description, by such other person as may be so nominated,

for the purpose of determining whether or not he suffers or has at any time suffered from a relevant or prospective disability, or

(c) except where the application is for, or the licence held is, a provisional licence, require him to submit himself for such a test of competence to drive as the Department directs in the notice—

(i) of all or any of the classes to which the application relates, or

(ii) which he is authorised to drive (otherwise than by virtue of Article 14(2)) by the licence which he holds,

as the case may be.

(6) The authorisation referred to in paragraph (5)(a)—

(a) shall be in such form and contain such particulars as may be specified in the notice by which it is required to be provided, and

(b) shall authorise any registered medical practitioner who may at any time have given medical advice or attention to the applicant or licence holder concerned to release to the Department any information which he may have, or which may be available to him, with respect to the question whether, and if so to what extent, the applicant or licence holder concerned may be suffering, or may at any time have suffered, from a relevant or prospective disability.

(7) If the Department considers it appropriate to do so in the case of any applicant or licence holder, the Department—

(a) may include in a single notice under paragraph (5) requirements under more than one sub-paragraph of that paragraph, and

(b) may at any time after the service of a notice under that paragraph serve a further notice or notices under that paragraph.

(8) If any person on whom a notice is served under paragraph (5)—

(a) fails without reasonable excuse to comply with a requirement contained in the notice, or

(b) fails any test of competence which he is required to take as mentioned in sub-paragraph (c) of that paragraph,

the Department may exercise its powers under Articles 9 and 10 as if it were satisfied that the applicant or licence holder concerned is suffering from a relevant disability which is not prescribed for the purposes of any sub-paragraph of Article 9(4) or, if the Department so determines, as if it were satisfied that the applicant or licence holder concerned is suffering from a prospective disability.

(9) Except where the requirement is made in the circumstances prescribed for the purposes of paragraph (4), it shall be for the Department (and not for any other person) to defray any fees or other reasonable expenses of a registered medical practitioner in connection with—

(a) the provision of information in pursuance of an authorisation required to be provided under paragraph (5)(a), or

(b) any examination which a person is required to undergo as mentioned in paragraph (5)(b).

Section 11A Driving after refusal or revocation of licence

(1) A person who drives a motor vehicle of any class on a road otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class is guilty of an offence if–

(a) at any earlier time the Department–

(i) has in accordance with Article 9(3) refused to grant such a licence,

(ii) has under Article 10(1) or (2) revoked such a licence, or

(iii) has served a notice on that person in pursuance of Article 15C(1) or (2) or 19G requiring him to deliver to the Department a Community or Great Britain licence authorising him to drive a motor vehicle of that or a corresponding class, and

(b) since that earlier time he has not been granted–

(i) a licence under this Part, or

(ii) a Community licence,

authorising him to drive a motor vehicle of that or a corresponding class.

(2) Article 4 shall apply in relation to paragraph (1) of this Article as it applies in relation to Article 3.

Section 12 Notification of refusal of insurance on grounds of health

(1) If an authorised insurer refuses to issue to any person such a policy of insurance as complies with the requirements of Part VIII on the ground that the state of health of that person is not satisfactory, or on grounds which include that ground, the insurer shall as soon as practicable notify the Department of that refusal and of the full name, address, sex and date of birth of that person as disclosed by him to the insurer.

(2) “ Authorised insurer ” means an insurer who is a member of the Motor Insurers Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).

(3) “ Insurer ” means—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out relevant contracts of insurance; or

(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out relevant contracts of insurance.

(4) A contract is a relevant contract of insurance if the risk insured against relates to—

(a) the insured sustaining accidental injury or death as a result of travelling as a passenger;

(b) land vehicles;

(c) goods in transit; or

(d) motor vehicle liability.

(5) This Article must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any order for the time being in force under that section; and

(c) Schedule 2 to that Act.

Section 13 Grant of licences

(1) Subject to the following provisions of this Article and Article 9 and, in the case of licences to drive large goods vehicles or passenger-carrying vehicles, the special provisions of Articles 70 to 79, the Department must grant a licence to a person who meets the relevant residence requirement (see Article 13A) and —

(a) makes an application for it in such manner and containing such particulars as the Department may specify, and pays the fee (if any) which is prescribed,

(b) provides the Department with such evidence or further evidence in support of the application as the Department may require,

(c) surrenders to the Department—

(i) any previous licence and its counterpart granted to him at some time during the period of 10 years ending on the date of receipt of the application by the Department,

(ia) any Great Britain licence held by him together with ... its counterpart (if any) issued to him under this Part,

(ii) any Community licence and its counterpart (if any) issued to him, and

(iii) any British external licence or British Forces licence or exchangeable licence held by him,

or provides the Department with an explanation for not surrendering them which the Department considers adequate, and

(d) is not —

(i) in accordance with Article 4(3) subject to a current disqualification which is relevant to the licence he applies for; or

(ii) subject to a current disqualification under the law of an EEA State ... which relates to vehicles of the class, or of a class corresponding to the class, to which the application relates and was imposed while the person was the holder of a licence granted under the law of that State; and

(e) is not prevented from obtaining the licence by the provisions of Article 5 of this Order or Article 6 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998.

(1A) The Department may under paragraph (1)(a) and (b) in particular require an applicant to provide a photograph which is a current likeness of him.

(1AA) Where a licence under this Part is granted to a person who surrenders under paragraph (ia) of paragraph (1)(c) his Great Britain licence together with the counterpart mentioned in paragraph (ia) to the Department—

(a) that person ceases to be authorised by virtue of Article 19E to drive in Northern Ireland a motor vehicle of any class, and

(b) the Department must send the Great Britain licence ... to the licensing authority in Great Britain together with particulars of the class of motor vehicles to which the licence granted under this Part relates.

(2) If the application for the licence states that it is made for the purpose of enabling the applicant to drive a motor vehicle with a view to passing a test of competence to drive, any licence granted in pursuance of the application shall be a provisional licence for that purpose, and nothing in Article 5 shall apply to such a licence.

(3) A provisional licence—

(a) shall be granted subject to prescribed conditions;

(b) shall, in any cases prescribed for the purposes of this paragraph, be restricted so as to authorise only the driving of vehicles of the classes so prescribed;

(c) may, in the case of a person appearing to the Department to be suffering from a relevant disability or a prospective disability, be restricted so as to authorise only the driving of vehicles of a particular construction or design specified in the licence.

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

(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 bicycle or moped 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 bicycle or moped on the road as part of the training.

(3A) Regulations may make provision as respects the training in the driving of motor bicycles and mopeds of persons wishing to obtain licences authorising the driving of such motor bicycles and mopeds 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 imposed by paragraph (3)(e) on their driving under the licence; and the regulations may—

(a) limit the exemption to persons in prescribed circumstances;

(b) limit the exemption to a prescribed period or in respect of driving in a prescribed area;

(c) attach conditions to the exemption; and

(d) regulate applications for, and the issue and form of, certificates evidencing the holder's exemption from the restriction.

(4) Regulations may authorise or require the Department to refuse a provisional licence authorising the driving of a motor bicycle or moped of a prescribed class if the applicant had held such a provisional licence and the licence applied for would come into force within the prescribed period—

(a) beginning at the end of the period for which the previous licence authorised (or would, if not surrendered or revoked, have authorised) the driving of such a motor bicycle or moped , or

(b) beginning at such other time as may be prescribed.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 13A Residence requirement

(1) For the purposes of an application under Article 13, a person meets the relevant residence requirement if, on the date the application is made—

(a) in the case of an application that is made by virtue of Article 5(1)(ea) (application by holder of Community licence), the applicant is lawfully resident in the United Kingdom and—

(i) is also normally resident in the United Kingdom, or

(ii) has been attending a course of study in the United Kingdom during the period of six months ending on that date;

(b) in the case of an application that is made by virtue of Article 5(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Northern Ireland but has not been so resident for more than the prescribed period;

(c) in the case of an application that is made by virtue of Article 13(2) (application for provisional licence), the applicant is lawfully resident in Northern Ireland and the Department is satisfied that the applicant will remain so for not less than 185 days; and

(d) in any other case, the applicant is lawfully resident in the United Kingdom and—

(i) is also normally resident in Northern Ireland, or

(ii) has been attending a course of study in Northern Ireland during the period of 6 months ending on that date.

(2) For the purposes of paragraph (1) a person is not lawfully resident in Northern Ireland or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

Section 14 Form of licence

(1) A licence shall be in the form of a photocard of a description specified by the Department or such other form as it may specify and—

(a) the licence shall state whether, apart from paragraph (2), it authorises its holder to drive motor vehicles of all classes or of certain classes only and, in the latter case, specify those classes,

(b) the licence shall specify (in such manner as the Department may determine) the restrictions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of Article 17 and any conditions on the driving of vehicles of any class in pursuance of the licence to which its holder is subject by virtue of Article 9(7A), and

(c) in the case of a provisional licence, the licence or its counterpart shall specify (in such manner as the Department may determine) the conditions subject to which it is granted.

(2) Subject to paragraphs (3) to (5), a person who holds a licence which authorises its holder to drive motor vehicles of certain classes only (not being—

(a) a provisional licence, or

(b) any other prescribed description of licence);

may drive motor vehicles of all other classes subject to the same conditions as if he were authorised by a provisional licence to drive motor vehicles of those other classes.

(3) A licence shall not by virtue of paragraph (2) authorise a person to drive—

(a) a vehicle of a class for the driving of which he could not, by reason of Article 17, lawfully hold a licence; or

(b) unless he has passed a test of competence to drive a motor bicycle or moped on a road in circumstances in which, by virtue of Article 13(3)(e), a provisional licence would not authorise him to drive it before he had passed that test.

(4) In such cases or as respects such classes of vehicles as the Department may prescribe, the provisions of paragraphs (2) and (3) shall not apply or shall apply subject to such limitations as it may prescribe.

(5) Paragraph (2) does not authorise a person on whom a notice under Article 9(5)(b) has been served to drive motor vehicles otherwise than in accordance with the limits specified in the notice.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15 Duration of licences

(1) In so far as a licence authorises its holder to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, it shall, unless revoked or surrendered and subject to paragraph (3), remain in force—

(a) for a period of 10 years;

(b) where the applicant is aged over 60 years, for a period ending on the seventieth anniversary of the applicant's birth or for a period of 3 years, whichever is the longer; or

(c) if the Department so determines in the case of a licence granted to a person appearing to be suffering from a relevant or prospective disability for a period of not more than 3 years and not less than one year as the Department may determine;

and any such period shall begin with the date on which the licence is expressed to come into force.

(2) In so far as a licence authorises its holder to drive any prescribed class of goods vehicle or passenger-carrying vehicle, it shall, unless previously revoked, suspended or surrendered, remain in force—

(a) except in a case falling within any of the following sub-paragraphs, for a period of 5 years or for a period ending on the sixty-sixth anniversary of the applicant's date of birth, whichever is the shorter,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) except in a case falling within sub-paragraph (e), where the applicant's age at that date will exceed 65 years, for a period of one year,

(d) except in a case falling within sub-paragraph (c) or (e), if the Department so determines in the case of a licence to be granted to a person appearing to it to be suffering from a relevant or prospective disability, for such period of not more than 3 years and not less than one year as the Department may determine, and

(e) in the case of a licence granted in exchange for a subsisting licence and in pursuance of an application requesting a licence for the period authorised by this sub-paragraph, for a period equal to the remainder of that for which the subsisting licence was granted,

and any such period shall begin with the date on which the licence in question is expressed to come into force.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) To the extent that a provisional licence authorises the driving of a motor bicycle or moped of a prescribed class it shall, unless previously surrendered or revoked, remain in force—

(a) for such period as may be prescribed, or

(b) if the licence is granted to the holder of a previous licence which was surrendered, revoked or treated as being revoked—

(i) for the remainder of the period for which the previous licence would have authorised the driving of such a motor bicycle or moped , or

(ii) in such circumstances as may be prescribed, for a period equal to that remainder at the time of surrender or revocation.

(5) Where it appears to the Department—

(a) that a licence granted by it to any person was granted in error or with an error or omission in the particulars specified in the licence, or

(b) that the counterpart of a licence granted by it to any person is required to be endorsed in pursuance of any statutory provision or was issued with an error or omission in the particulars specified in the counterpart or required to be endorsed on it, or

(c) that the particulars specified in a licence granted by the Department to any person or in its counterpart do not comply with any requirement imposed since the licence was granted by any provision made by or having effect under any enactment,

the Department may serve notice in writing on that person revoking the licence and requiring him to surrender the licence and its counterpart forthwith to the Department and it shall be the duty of that person to comply with the requirement.

(5ZA) Where it appears to the Department that a licence holder is not lawfully resident in the United Kingdom, the Department may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence and its counterpart forthwith to the Department, and it is the duty of that person to comply with the requirement.

(5ZB) For the purposes of paragraph (5ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

(5A) Where—

(a) the Department is sent under section 97(1AA) of the Road Traffic Act 1988 (c. 52) a licence granted under this Part to a person to drive a motor vehicle of any class, and

(b) the Department is satisfied that a Great Britain licence to drive a motor vehicle of that or a corresponding class has been granted to that person,

the Department must serve notice in writing on that person revoking the licence granted under this Part.

(6) Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence and its counterpart to the Department . . . .

(7) A person who without reasonable excuse fails to comply with the duty under paragraph (5) , (5ZA) or (6) is guilty of an offence under this Order.

(7A) Where a person who has a duty under this Article to surrender his licence and its counterpart is not in possession of them in consequence of the fact that he has surrendered them to a constable or authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order he does not fail to comply with that duty if he surrenders the licence and its counterpart to the Department immediately on their return.

(8) On the surrender of a licence and its counterpart by a person in pursuance of paragraph (5) or (6), the Department must (subject to the following provisions of this Article) grant a new licence to that person and any licence granted under this paragraph shall be granted free of charge.

(8A) Where the surrendered licence was revoked—

(a) because it was granted in error or in consequence of an error or omission appearing to the Department to be attributable to the fault of the licence holder; or

(b) in consequence of a current disqualification,

paragraph (8) shall not apply but the Department may, if the person is not currently disqualified, grant a new licence to that person on payment of the fee (if any) which is prescribed.

(8AA) The Department may not grant a new licence to a person under paragraph (8) or (8A) unless, on the date on which the licence is granted, the person is lawfully resident in the United Kingdom and—

(a) is also normally resident in Northern Ireland, or

(b) has been attending a course of study in Northern Ireland during the period of 6 months ending on that date.

(8AB) For the purposes of paragraph (8AA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

(8B) The Department may require a person to provide—

(a) evidence of his name, address, sex and date and place of birth, and

(b) a photograph which is a current likeness of him,

before granting a new licence to him under paragraph (8) or (8A).

(9) A replacement licence granted pursuant to paragraph (8) or (8A) shall expire on the date on which the surrendered licence would have expired had it not been surrendered except that, where the period for which the surrendered licence was granted was based on an error with respect to the licence holder's date of birth such that (if that error had not been made) that licence would have been expressed to expire on a different date, the replacement licence shall expire on that different date.

Section 15A Authorisation to drive in Northern Ireland

(1) A Community licence holder may drive, and a person may cause or permit a Community licence holder to drive, in Northern Ireland, a motor vehicle of any class, which—

(a) he is authorised by his Community licence to drive, and

(b) he is not disqualified for holding or obtaining a licence under this Part to drive,

notwithstanding that he is not the holder of a licence under this Part.

(2) Paragraphs (3) and (4) apply to a Community licence holder who is normally resident in Northern Ireland.

(3) In a case where the Community licence holder is authorised by his Community licence to drive motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, he shall cease to be authorised by virtue of paragraph (1) to drive in Northern Ireland any such classes of motor vehicle from—

(a) the date on which he attains the age of 70 years, or

(b) the expiry of the period of 3 years beginning with the relevant date,

whichever is the later.

(4) In a case where the Community licence holder is authorised by his Community licence to drive any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle, he shall cease to be authorised by virtue of paragraph (1) to drive in Northern Ireland any such class of vehicle from—

(a) except in a case falling within sub-paragraph (c) —

(i) the date on which he attains the age of 66 years , or

(ii) the expiry of the period of 5 years beginning with the relevant date, whichever is the earlier ,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where his age at the relevant date exceeds 65 years, the expiry of one year beginning with that date.

(5) A Community licence holder—

(a) to whom a counterpart of his Community licence is issued under Article 15B, and

(b) who is authorised by virtue of paragraph (1) to drive in Northern Ireland motor vehicles of certain classes only,

may drive, in Northern Ireland, motor vehicles of all other classes subject to the same conditions as if he were authorised by a provisional licence to drive motor vehicles of those classes.

(6) Paragraphs (3) and (4) of Article 14 shall apply in relation to paragraph (5) as they apply in relation to paragraph (2) of that Article.

(7) For the purposes of this Part and Part V a Community licence shall not be treated as authorising a person to drive a vehicle of any class if it is not for the time being valid for that purpose in the EEA State in respect of which it was issued.

(8) In this Article “ relevant date ”, in relation to a Community licence holder who is normally resident in Northern Ireland, means—

(a) in the case where he first became so resident on or before 1st January 1997, that date, and

(b) in any other case, the date on which he first became so resident.

Section 15B Information about resident Community licence holders

(1) A Community licence holder who—

(a) is normally resident in Northern Ireland, and

(b) is authorised by his Community licence to drive medium-sized or large goods vehicles or passenger-carrying vehicles of any class,

shall, on or before the expiry of the period of twelve months beginning with the relevant date, deliver his Community licence to the Department and provide it with the information specified in, or required under, paragraph (4).

(2) Paragraph (1) shall not apply to a Community licence holder from whom the Department has received a qualifying application (within the meaning of Article 4(2)) for the grant of a licence under this Part.

(3) The Department may issued to any Community licence holder who—

(a) is normally resident in Northern Ireland, and

(b) has delivered his Community licence to the Department, and provided it with the information specified in, or required under, paragraph (4), (whether or not in pursuance of this Article),

a document (referred to in this Part in relation to a Community licence as a “ counterpart ”) in such form and containing such information as the Department may determine but designed for the endorsement of particulars relating to the Community licence.

(4) The information referred to in paragraphs (1) and (3) is—

(a) the name and address in Northern Ireland of the Community licence holder;

(b) his date of birth;

(c) the classes of vehicle which he is authorised by his Community licence to drive;

(d) the period of validity of the Community licence in the EEA State in respect of which it was issued;

(e) whether the licence was granted in exchange for a licence issued by a state other than an EEA State; and

(f) such other information as the Department may require for the purposes of the proper exercise of any of its functions under this Part or Part V.

(5) The Department—

(a) may endorse a Community licence delivered to it (whether or not in pursuance of this Article) in such manner as it may determine with any part of the information specified in, or required under, paragraph (4) or with information providing a means of ascertaining that information or any part of it, and

(b) must return the Community licence to the holder.

(6) Where it appears to the Department that a counterpart of a Community licence—

(a) is required to be endorsed in pursuance of any enactment or was issued with an error or omission in the information contained in it or in the particulars required to be endorsed on it, or

(b) does not comply with any requirement imposed since it was issued by any provision made by, or having effect under, any enactment,

the Department may serve notice in writing on the Community licence holder requiring him to surrender the counterpart immediately to the Department and it shall be the duty of the Community licence holder to comply with any such requirement.

(7) Where the name or address of a Community licence holder as specified in the counterpart of his Community licence issued to him under this Article ceases to be correct, the Community licence holder must surrender the counterpart and, in the case of a change of name, deliver his Community licence, immediately to the Department and provide it with particulars of the alterations falling to be made in the name or address.

(8) On the surrender of a counterpart of a Community licence by any person in pursuance of paragraph (6) or (7), the Department must issue to that person a new counterpart of the Community licence.

(9) On the delivery of a Community licence by any person in pursuance of paragraph (7), the Department may endorse the Community licence with the correct name and must return the Community licence to that person.

(10) Where a Community licence holder has not complied with paragraph (1), the Department may serve notice in writing on the holder requiring him to deliver his Community licence to the Department and to provide it with the information specified in, or required under, paragraph (4) within such period (not being less than 28 days from the date of service of the notice) as is specified in the notice.

(11) A person who drives a motor vehicle on a road is guilty of an offence if he fails without reasonable excuse—

(a) to comply with a requirement contained in a notice served on him in pursuance of paragraph (10), or

(b) to compy with a requirement imposed under paragraph (6) or (7).

(12) Where a Community licence holder who is required under paragraph (6) or (7) to surrender the counterpart of his Community licence or to deliver his Community licence is not in possession of it in consequence of the fact that he has surrendered it to a constable on receiving a fixed penalty notice given to him under Article 199, he does not fail to comply with that requirement if he surrenders the counterpart or delivers the Community licence immediately on its return.

(13) Proceedings for an offence by virtue of paragraph (11)(a) shall not be instituted except by the Department or by a constable.

(14) In this Article “ relevant date ” has the meaning given by Article 15A(8).

Section 15C Revocation of authorisation conferred by Community licence because of disability or prospective disability

(1) If the Department is at any time satisfied on inquiry—

(a) that a Community licence holder who is normally resident in Northern Ireland at the time is suffering from a relevant disability, and

(b) that the Department would be required by virtue of Article 9(3) to refuse an application made by him at that time for a licence authorising him to drive a vehicle of the class in respect of which his Community licence was issued or a class corresponding to that class,

the Department may serve notice in writing requiring the Community licence holder to deliver the Community licence and its counterpart (if any) immediately to the Department.

(2) If the Department is at any time satisfied on inquiry that a Community licence holder who is normally resident in Northern Ireland at that time is suffering from a prospective disability, the Department may—

(a) serve notice in writing requiring the Community licence holder to deliver the Community licence and its counterpart (if any) immediately to the Department, and

(b) on receipt of the Community licence and its counterpart (if any) grant to the Community licence holder, free of charge, a licence for a period determined by the Department under Article 15(1)(c).

(3) Where, in relation to a Community licence holder who is normally resident in Northern Ireland, the Department is at any time under a duty to serve notice on him in pursuance of Article 9(5), the Department may include in that notice a requirement that the Community licence holder deliver the Community licence and its counterpart (if any) immediately to the Department.

(4) A person who—

(a) is required under any of paragraphs (1) to (3) to deliver his Community licence and its counterpart (if any) to the Department, but

(b) without reasonable excuse, fails to do so,

is guilty of an offence.

(5) Where a Community licence holder to whom a counterpart of his Community licence is issued under Article 15B—

(a) is required under any of paragraphs (1) to (3) to deliver his Community licence and its counterpart (if any) to the Department, and

(b) is not in possession of them in consequence of the fact that he has surrendered them to a constable on receiving a fixed penalty notice given to him under Article 199,

he does not fail to comply with any such requirement if he delivers the Community licence and its counterpart to the Department immediately on their return.

(6) Where a Community licence holder is served with a notice in pursuance of any paragraphs (1) to (3), he shall cease to be authorised by virtue of Article 15A(1) to drive in Northern Ireland a motor vehicle of any class from such date as may be specified in the notice, not being earlier than the date of service of the notice.

Section 15D Information relating to disabilities etc.

Article 11 shall apply to a Community licence holder who is normally resident in Northern Ireland as if—

(a) in paragraph (1), for the words from the beginning to aware there were substituted “If a Community licence holder who is authorised by virtue Article 15A(1) to drive in Northern Ireland a motor vehicle of any class, is aware immediately before the relevant date (as defined by Article 15A(8)), or becomes aware on or after that date” ,

(b) for paragraph (3B) there were substituted—

(3B) A person who is authorised by virtue of Article 15A(1) to drive in Northern Ireland a motor vehicle of any class and who drives on a road a motor vehicle of that class is guilty of an offence if at any earlier time while he was so authorised he was required by paragraph (1) to notify the Department but has failed without reasonable excuse to do so.

(c) in paragraph (4), the words “an applicant for, or” , in each place where they occur, were omitted,

(d) in paragraph (5), the words “applicant or” , and the words from the beginning of sub-paragraph (c) to “provisional licence” were omitted,

(e) in paragraph (6)(b), the words “applicant or” in each place where they occur, were omitted,

(f) in paragraph (7), the words “applicant or” , where they occur, were omitted, and

(g) in paragraph (8)—

(i) for “10” there were substituted “15C” , and

(ii) the words “applicant or” , in each place where they occur, were omitted.

Section 15E Return of Community licences delivered to Department

(1) This Article applies where a Community licence is delivered to the Department in pursuance of Article 15C or 73A.

(2) Subject to paragraph (3), the Department must, on or after the expiry of the relevant period, forward the Community licence to the licensing authority in the EEA state in respect of which it was issued and explain to them its reasons for so doing.

(3) Where the Department is satisfied that the Community licence holder has ceased to be normally resident in Northern Ireland before the expiry of the relevant period, the Department must return the Community licence to the holder.

(4) In this Article “ relevant period ” means—

(a) in a case where the Community licence holder appeals under Article 16 or 76 against the requirement to surrender his Community licence, the period ending on the date on which the appeal is finally determined or abandoned, and

(b) in any other case, the period of seven months beginning with the date on which the Department received the Community licence.

Section 16 Appeals relating to licences

(1) A person who is aggrieved by the Department's—

(a) refusal to grant or revocation of a licence in pursuance of Article 9 or 10,

(b) determination under Article 15(1)(c) to grant a licence for three years or less, or

(c) revocation of a licence in pursuance of Article 15(5) , (5ZA) or (5A) ,

or by a notice served on him in pursuance of Article 9(5) 15C or 19G may, after giving to the Department notice of his intention to do so, appeal to a court of summary jurisdiction ....

(2) On any such appeal the court may make such order as it thinks fit and the order shall be binding on the Department.

(3) It is hereby declared that, without prejudice to Article 7, in any proceedings under this Article the court is not entitled to entertain any question as to whether the appellant passed a test of competence to drive if he was declared by the person who conducted it to have failed it.

(4) In any proceedings under this Article about the revocation of a licence in pursuance of Article 15(5ZA) (revocation on grounds of immigration status), the court is not entitled to entertain any question as to whether—

(a) the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or

(b) the appellant has, after the date that the Department served notice under Article 15(5ZA), been granted leave to enter or remain in the United Kingdom.

Section 17 Disqualification of persons under age

(1) A person shall be disqualified for holding or obtaining a licence to drive a motor vehicle of a class specified in the following Table if he is under the age specified in relation to it in the second column of that Table.

TABLE

(2) The Department may by regulations provide that paragraph (1) shall have effect as if for the classes of vehicles and the ages specified in the Table thereto there was substituted different classes of vehicles and ages or different classes of vehicles or different ages.

(3) Subject to paragraph (4), the regulations may—

(a) apply to persons of a class specified in or under the regulations;

(b) apply in circumstances so specified;

(c) impose conditions or create exemptions or provide for the imposition of conditions or the creation of exemptions;

(d) contain such transitional and supplemental provisions (including provisions amending Article 19D or 78) as the Department considers necessary or expedient.

(4) For the purpose of defining the class of persons to whom, the class of vehicles to which, the circumstances in which or the conditions subject to which regulations under paragraph (2) are to apply where an approved training scheme for drivers is in force, it shall be sufficient for the regulations to refer to a document which embodies the terms (or any of the terms) of the scheme or to a document which is in force in pursuance of the scheme.

(5) In paragraph (4)—

“ approved ” means approved for the time being by the Department for the purpose of the regulations;

“ training scheme for drivers ” means a scheme for training persons to drive vehicles of a class in relation to which the age which is in force under this Article (but apart from any such scheme) is 21 years.

(6) No approved training scheme for drivers shall be amended without the approval of the Department.

(7) “Medium-sized goods vehicle” specified in the Table includes a tractor and trailer combination.

Section 18 Disqualification to prevent duplication of licences

A person is disqualified for obtaining a licence authorising him to drive a motor vehicle of any class so long as he is the holder of another licence authorising him to drive a motor vehicle of that class, whether the licence is suspended or not.

(2) A person is also disqualified for holding or obtaining a licence authorising him to drive a motor vehicle of any class so long as he is authorised by virtue of Article 19E(1) to drive a motor vehicle of that or a corresponding class.

Section 18A Disqualification while disqualified in Great Britain, Isle of Man, Channel Islands or Gibraltar

(1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of any class so long as he is subject to a relevant disqualification imposed outside Northern Ireland.

(2) For the purposes of this Article a person is subject to a relevant disqualification imposed outside Northern Ireland if, in respect of any offence—

(a) a court in Great Britain disqualifies him for holding or obtaining a Great Britain licence,

(b) a court in the Isle of Man or any of the Channel Islands disqualifies him for holding or obtaining a British external licence, or

(c) a court in Gibraltar disqualifies him for holding or obtaining a licence to drive a motor vehicle granted under the law of Gibraltar.

(3) A certificate signed by the Department which states, in respect of a person, any matter relating to the question whether he is subject to a relevant disqualification imposed outside Northern Ireland shall be evidence of the matter so stated.

(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Section 19 Speed limit on vehicles required to display or displaying distinguishing mark required on vehicles driven by holders of provisional licences

(1) Subject to paragraphs (2) and (3), any person who drives on a road, at a speed exceeding 45 miles per hour, or, as the case may be, such other speed as may be prescribed by regulations made by the Department subject to affirmative resolution—

(a) a motor vehicle on which a distinguishing mark is required to be displayed to indicate that it is being driven by the holder of a provisional licence, or

(b) a motor vehicle displaying such a distinguishing mark, whether or not that distinguishing mark is required to be displayed,

shall be guilty of an offence under this Order.

(2) Paragraph (1) does not apply to a person who drives on a motorway a motor vehicle of such a class as may be prescribed by regulations.

(3) Paragraph (1) does not apply to a person who drives a category A2 motorcycle or a category A motorcycle while under the supervision of an approved motorcycle instructor or while taking a test of competence prescribed by virtue of Article 5(3).

(4) In paragraph (3) “approved motorcycle instructor”, “category A2 motorcycle” and “category A motorcycle” have the same meaning as in the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996.

Section 19A Restrictions on newly qualified drivers

(1) This Article applies to any person who becomes a qualified driver of a motor vehicle of such a class as may be prescribed by passing a test of competence prescribed by virtue of Article 5(3).

(2) After passing that test a person to whom this Article applies shall, for a period of 12 months or such lesser period as may be prescribed ( the period of restriction), be subject to the specified restrictions.

(3) The specified restrictions shall apply to such a person while he is driving on a road a motor vehicle of such a class as may be prescribed, in respect of which he was not, immediately before he passed that test, entitled to hold or obtain a full licence.

(4) In determining the expiration of the period of restriction, any time during which a person is disqualified for holding or obtaining a licence, or holds a provisional licence only, shall be disregarded.

(5) The specified restrictions are—

(a) a requirement that a distinguishing mark of such a nature as may be prescribed shall be displayed in such manner as may be prescribed on any motor vehicle while it is being driven on a road by a person who is subject to the specified restrictions when driving that vehicle;

(b) subject to paragraph (5A), a prohibition on driving on any road at a speed exceeding 45 miles per hour, or such other speed as may be prescribed, any motor vehicle on which the distinguishing mark referred to in sub-paragraph (a) is required to be displayed.

(5A) The restriction specified in paragraph (5)(b) does not apply to a person who after 18th January 2013 has passed a test of competence prescribed by virtue of Article 5(3) in the driving of a category A2 motorcycle or category A motorcycle.

(5B) In paragraph (5A) “category A2 motorcycle” and “category A motorcycle” have the same meaning as in the Motor Vehicle (Driving Licences) Regulations (Northern Ireland) 1996.

(6) Any person who contravenes any of the specified restrictions shall be guilty of an offence under this Order.

(7) Where the Department grants or returns a licence to any person who, while driving a motor vehicle of any class specified in the licence, will for any period during the currency of the licence be subject to the specified restrictions, the Department shall enter on or affix to the counterpart of the licence a notice or other indication to show—

(a) the period of restriction;

(b) the class of vehicles affected by the specified restrictions; and

(c) that the holder is subject for that period to the specified restrictions while driving vehicles of that class.

(8) This Article does not apply—

(a) to a person who is required to pass a test of competence by virtue of—

(i) an order under Article 41 of the Offenders Order, or

(ii) Article 6 of, or paragraph 6 or 9 of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998;

(b) to such extent and in such circumstances as may be prescribed, to a person holding a licence by reason of a test passed by him at a time when he held a licence or permit which, by virtue of an order made under the Motor Vehicles (International Circulation) Act 1952, entitled him to drive motor vehicles in Northern Ireland; or

(c) to the holder of a licence authorising him to drive, or to a person driving, motor vehicles of such classes or in such circumstances as may be prescribed.

(9) In this Article—

(a) “ period of restriction ” has the meaning given in paragraph (2);

(b) “ the specified restrictions ” means the restrictions specified in paragraph (5).

Section 19B Speed limit on certain vehicles displaying distinguishing mark referred to in Article 19A(3)(a)

Any person who drives on a road at a speed exceeding 45 miles per hour, or, as the case may be, such other speed as may be prescribed under Article 19A, a motor vehicle displaying such a distinguishing mark as is referred to in paragraph (5)(a) of that Article shall, where he is not subject to the specified restrictions within the meaning of that Article while driving that vehicle, be guilty of an offence under this Order.

Section 19C Regulations

(1) The Department may make regulations for any purpose for which regulations may be made under the provisions of this Part and the relevant provisions of the Offenders Order and for prescribing anything which may be prescribed under any of those provisions, and otherwise for the purpose of carrying any of those provisions into effect.

(1A) In particular, but without prejudice to the generality of paragraph (1), the regulations may make provision with respect to —

(a) licences under this Part Great Britain licences, , Community licences and counterparts of such licences,

(b) making any particulars with respect to any persons—

(i) who are disqualified,

(ii) whose licences are suspended, or

(iii) whose counterparts of licences under this Part , of Great Britain licences or of Community licences (as the case may be) are endorsed,

available for use by the Royal Ulster Constabulary,

(c) preventing a person holding more than one licence,

(d) facilitating identification of holders of licences,

(e) providing for the issue, on payment of such fee , and compliance with such requirements, as may be prescribed, of . . . licences and counterparts of licences in the place of licences or counterparts of licences lost or defaced,

(ea) providing for the issue on payment of such fee as may be prescribed of new counterparts of Great Britain licences or of Community licences in the place of counterparts of Great Britain licences or (as the case may be) of Community licences that are lost or defaced,

(eb) providing for the issue, on payment of such fee, and compliance with such conditions, as may be prescribed, of confirmation in writing of a person's entitlement to drive,

(f) the correspondence . . . of one class of motor vehicle with another class of motor vehicle or of one test of competence to drive with another (whatever the law under which the classification is made or the test conducted),

(g) the effect of a change in the classification of motor vehicles . . . on licences then in force or issued or on the right to or the subsequent granting of licences or on Great Britain licences or Community licences then in force , and

(h) enabling a person—

(i) whose entitlement to the grant of a licence to drive a class of motor vehicle is preserved by regulations made by virtue of sub-paragraph (g), and

(ii) who satisfies such conditions as may be prescribed,

to drive (and be employed in driving) that class of motor vehicle while he applies for the licence to be granted to him.

(2) The regulations may—

(a) provide for exemptions from any provision of the regulations, and

(b) contain such incidental and supplemental provisions as the Department considers expedient for the purposes of the regulations,

and nothing in the other provisions of this Part shall be construed as prejudicing the generality of the preceding provisions of this paragraph or section 17 of the Interpretation Act (Northern Ireland) 1954.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this Article “ the relevant provision of the Offenders Order ” means the following provisions of that Order: Articles 6, 11, 12, 26 to 28, 29, 33, 35 to 38 40 to 53 and 92ZA .

Section 19D Interpretation

(1) In this Part—

“ agricultural or forestry tractor ” means a motor vehicle which—

has two or more axles,

is constructed for use as a tractor for work off the road in connection with agriculture or forestry, and

is primarily used as such,

“ the appointed day ” means the day appointed under Article 1(2) of the Road Traffic (Amendment) (Northern Ireland) Order 1991 for the coming into operation of Articles 3 to 6 of that Order;

“ articulated goods vehicle ” means a motor vehicle which is so constructed that a trailer designed to carry goods may by partial superimposition be attached to it in such manner as to cause a substantial part of the weight of the trailer to be borne by the motor vehicle, and “ articulated goods vehicle combination ” means an articulated goods vehicle with a trailer so attached;

“ British external licence ” and “ British forces licence ” have the meanings given by Article 4(10);

“ Community licence ” means a document issued in respect of an EEA State ... by an authority of that or another EEA State ... authorising the holder to drive a motor vehicle, not being—

a document containing a statement to the effect that that or a previous document was issued in exchange for a document issued in respect of a State other than an EEA State , or

a document in any of the forms for an international driving permit annexed to the Paris Convention on Motor Traffic of 1926, the Geneva Convention on Road Traffic of 1949 or the Vienna Convention on Road Traffic of 1968; or

a document issued for a purpose corresponding to that mentioned in Article 13(2)

“ counterpart ”

in relation to a licence under this Part, means a document in such form as the Department may determine, issued with the licence, containing such information as it determines and designed for the endorsement of particulars relating to the licence, . . .

in relation to a Great Britain licence, has the meaning given in Article 19F ..., and

in relation to a Community licence, has the meaning given by Article 15B,

“ disability ” has the meaning given by Article 9(2);

“ disqualified ” means disqualified for holding or obtaining a licence (or, in cases where the disqualification is limited, a licence to drive motor vehicles of the class to which the disqualification relates);

“ EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 th March 1993, as modified or supplemented from time to time;

“ EEA state”, in relation to any time, means—

a state which at that time is a member State; or

any other state which at that time is a party to the EEA agreement.

“ EEA State exchangeable licence ” means a licence–

issued in respect of an EEA State ... by an authority of that or another EEA State; and

issued in exchange for a British external licence or a document which was an exchangeable licence;

“ exchangeable licence ” means an EEA State exchangeable licence or a document authorising a person to drive a motor vehicle (not being a document mentioned in sub-paragraph (b) of the definition of “Community licence”)–

issued in respect of Gibraltar by an authority of Gibraltar,

issued in respect of a country or territory which is designated without restriction by an order under paragraph (2)(a) by an authority of that country or territory, or

issued in respect of a country or territory which is designated by a restricted order under paragraph (2)(b) by an authority of that country or territory, being a document which is a licence of a description specified in that order,

and a licence of a description so specified as to which provision is made as mentioned in paragraph (2B) is only an exchangeable licence to the extent that it authorises its holder to drive vehicles of a class specified in the order;

“ full licence ” means a licence other than a provisional licence;

“ Great Britain driving licence ” or “ Great Britain licence ” means a licence to drive a motor vehicle granted under the law of Great Britain ...;

“ large goods licence ” has the meaning given by Article 78;

“ licence ” (except where the context otherwise requires) means a licence to drive a motor vehicle granted under this Part . . . ;

“ maximum gross weight ”, in relation to a motor vehicle or trailer, means the weight of the vehicle laden with the heaviest load which it is constructed or adapted to carry;

“ maximum train weight ”, in relation to an articulated goods vehicle combination, means the weight of the combination laden with the heaviest load which it is constructed or adapted to carry;

“ medium-sized goods vehicle ” means a motor vehicle—

which is constructed or adapted to carry or to haul goods,

which is not adapted to carry more than nine persons inclusive of the driver, and

the permissible maximum weight of which exceeds 3.5 but not 7.5 tonnes,

and includes a combination of such a motor vehicle and a trailer where the relevant maximum weight of the trailer does not exceed 750 kilograms;

“moped” does not include light quadricycle within the meaning in Article 4 of the motorcycle type approval Regulation but otherwise has the same meaning as in Directive 2006/126/ EC of the European Parliament and of the Council of 20 th December 2006 on driving licences;

“ motor bicycle ” means a motor vehicle which—

has two wheels, and

has a maximum design speed exceeding 45 kilometres per hour or , if powered by an internal combustion engine, has a cylinder capacity exceeding 50 cubic centimetres,

and includes a combination of such a motor vehicle and a side-car;

“motorcycle type approval Regulation ” has the same meaning as in Article 31A

“ motorway ” means a road to which Part III of Roads (Northern Ireland) Order 1993 applies;

“ passenger-carrying vehicle ” has the meaning given by Article 78;

“ permissible maximum weight ”, in relation to a goods vehicle (of whatever description), means—

in the case of a motor vehicle which neither is an articulated goods vehicle nor is drawing a trailer, the relevant maximum weight of the vehicle,

in the case of an articulated goods vehicle—

when drawing only a semi-trailer, the relevant maximum train weight of the articulated goods vehicle combination,

when drawing a trailer as well as a semi-trailer, the aggregate of the relevant maximum train weight of the articulated goods vehicle combination and the relevant maximum weight of the trailer,

when drawing a trailer but not a semi-trailer, the aggregate of the relevant maximum weight of the articulated goods vehicle and the relevant maximum weight of the trailer,

when drawing neither a semi-trailer nor a trailer, the relevant maximum weight of the vehicle,

in the case of a motor vehicle (not being an articulated goods vehicle) which is drawing a trailer, the aggregate of the relevant maximum weight of the motor vehicle and the relevant maximum weight of the trailer;

“ prospective disability ” has the meaning given by Article 9(2);

“ provisional licence ” means a licence granted by virtue of Article 13(2);

“ regulations ” means regulations made under Article 19C;

“ relevant disability ” has the meaning given by Article 9(2);

“ relevant external law ” has the meaning given by Article 4(10);

“ relevant maximum weight ”, in relation to a motor vehicle or trailer, means—

in the case of a vehicle which is required by regulations under Article 55 of the Order of 1995 to have a maximum gross weight for the vehicle marked on a plate attached to the vehicle, the maximum gross weight marked on such a plate,

in the case of a vehicle on which a maximum gross weight is marked by the same means as would be required by regulations under Article 55 of the Order of 1995 if those regulations applied to the vehicle, the maximum gross weight so marked on the vehicle,

in the case of a vehicle on which a maximum gross weight is not marked as mentioned in paragraph (a) or (b), the notional maximum gross weight of the vehicle, that is to say such weight as is produced by multiplying the unladen weight of the vehicle by the number prescribed by the Department for the class of vehicle into which that vehicle falls;

“ relevant maximum train weight ”, in relation to an articulated goods vehicle combination, means—

in the case of an articulated goods vehicle which is required by regulations under Article 55 of the Order of 1995 to have a maximum train weight for the combination marked on a plate attached to the vehicle, the maximum train weight marked on the motor vehicle,

in the case of an articulated goods vehicle on which a maximum train weight is marked by the same means as would be required by regulations under Article 55 of the Order of 1995 if those regulations applied to the vehicle, the maximum train weight so marked on the motor vehicle,

in the case of an articulated goods vehicle on which a maximum train weight is not marked as mentioned in paragraph (a) or (b), the notional maximum gross weight of the combination, that is to say such weight as is produced by multiplying the sum of the unladen weights of the motor vehicle and the semi-trailer by the number prescribed by the Department of the class of articulated goods vehicle combination into which that combination falls;

“ semi-trailer ”, in relation to an articulated goods vehicle, means a trailer attached to it in the manner described in the definition of articulated goods vehicle;

“ small vehicle ”, means a motor vehicle (other than an invalid carriage, moped or motor bicycle) which—

is not constructed or adapted to carry more then nine persons inclusive of the driver, and

has a maximum gross weight not exceeding 3.5 tonnes,

and includes a combination of such a motor vehicle and a trailer;

Definitions rep. by SR 1996/426

“ test of competence to drive ” means such a test conducted under Article 5.

(1A) In this Part “approved training course for motor cyclists” and, in relation to such a course, “prescribed certificate of completion” mean respectively any course of training approved under, and certificate of completion prescribed in, regulations under Article 13(3A).

(1B) For the purposes of this Part a person is normally resident in Northern Ireland if—

(a) the person lives in Northern Ireland for at least 185 days in each calendar year because of—

(i) personal and occupational ties, or

(ii) close personal ties, or

(b) the person has personal ties in Northern Ireland and occupational ties in an EEA State or Great Britain and consequently lives in turn in Northern Ireland and that EEA State or Great Britain .

(1BA) In order to be normally resident in Northern Ireland by virtue of paragraph (1B)(b) the person must return there regularly, except where the person is living in the EEA state or Great Britain in order to carry out a task of a definite duration.

(1C) For the purposes of this Part a person is normally resident in the United Kingdom if—

(a) the person lives in the United Kingdom for at least 185 days in each calendar year because of—

(i) personal and occupational ties, or

(ii) close personal ties, or

(b) the person has personal ties in the United Kingdom and occupational ties in an EEA state and consequently lives in turn in the United Kingdom and that EEA state .

(1D) In order to be normally resident in ... the United Kingdom by virtue of paragraph ... (1C)(b) a person must return there regularly, except when the person is living in the EEA state in order to carry out a task of a definite duration.

(1E) For the purposes of paragraphs (1B) and (1C) attendance at a university or school is not a personal or occupational tie.

(2) The Department may by order designate a country or territory which neither is nor forms part of an EEA State for the purposes of the definition of “exchangeable licences” in paragraph (1)–

(a) as respects all licences authorising the driving of motor vehicles granted under the law of that country or territory, where the Department is satisfied that satisfactory provision is made by that law for the granting of licences to drive motor vehicles;

(b) as respects only licences authorising the driving of motor vehicles granted under the law of that country or territory of a description specified in the order, where the Department is satisfied that satisfactory provision is made by that law for the granting of licences of that description.

(2A) An order under paragraph (2)(b) may specify a description of licence by reference to any feature of the licences concerned (including in particular the circumstances in which they are granted, any conditions to which they are subject or the classes of vehicle which they authorise the holders to drive).”.

(2B) An order under paragraph (2)(b) may provide that a licence of a specified description shall only be an exchangeable licence in so far as it authorises its holder to drive vehicles of a class specified in the order.

(3) In the application of this Part to licences granted before 1st January 1991—

(a) any reference to a licence and its counterpart shall be construed as a reference to a licence only, and

(b) any reference to the counterpart of a licence shall be construed as a reference to the licence itself.

Section 19E Provisions as to Great Britain drivers' licences

(1) The holder of a Great Britain driving licence may drive, and a person may cause or permit the holder of such a licence to drive, in Northern Ireland in accordance with that licence, , a motor vehicle of any class which he is authorised by that licence to drive, and which he is not disqualified from driving under this Part or the special provisions set out in Articles 70 to 79, notwithstanding that he is not the holder of a licence under this Part.

(2) Any driver holding a Great Britain driving licence shall be under the like obligation to produce such a licence as if it had been a licence granted under this Part ...; and the provisions—

(a) of this Order, . . .

Sub-para. (b) rep. by 2003 NI 16

as to the production of licences ... granted under this Part shall apply accordingly.

Paras. (3)-(5) rep. by 2003 NI 16

Section 19F Counterparts issued to Great Britain licence holders

(1) The Department may issue to any Great Britain licence holder who—

(a) has delivered his Great Britain licence to the Department, and

(b) has provided the Department with the information specified in, or required under, paragraph (3) (whether or not in pursuance of this Article),

a document (referred to in this Part in relation to a Great Britain licence as a counterpart).

(2) The counterpart must—

(a) be in such form, and

(b) contain such information,

designed for the endorsement of particulars relating to the Great Britain licence as the Department may determine.

(3) The information referred to in paragraph (1) is—

(a) the name and address (whether in Northern Ireland or Great Britain) of the Great Britain licence holder;

(b) his date of birth;

(c) the classes of vehicle which he is authorised by his Great Britain licence to drive;

(d) the period of validity of the licence;

(e) whether it was granted in exchange for a licence issued by a state other than an EEA State; and

(f) such other information as the Department may require for the purposes of the proper exercise of any of its functions under this Part or Part V.

(4) The Department—

(a) may endorse a Great Britain licence delivered to it (whether or not in pursuance of this Article) in such manner as it may determine—

(i) with any part of the information specified in, or required under, paragraph (3); or

(ii) with information providing a means of ascertaining that information or any part of it; and

(b) must return the Great Britain licence to the holder.

(5) Paragraphs (6) to (9), (11) (with the omission of sub-paragraph (a)) and (12) of Article 15B apply for the purposes of this Article as if the references to a Community licence were references to a Great Britain licence.

Section 19G Revocation of authorisation conferred by Great Britain licence because of disability or prospective disability

(1) If the Department is at any time satisfied on inquiry—

(a) that a Great Britain licence holder is suffering from a relevant disability, and

(b) that the Department would be required by virtue of Article 9(3) to refuse an application made by the holder at that time for a licence authorising him to drive a vehicle of the class in respect of which his Great Britain licence was issued or a class corresponding to that class,

the Department may serve notice in writing requiring the licence holder to deliver immediately to the Department his Great Britain licence together ... its counterpart (if any) issued to him under this Part ....

(2) If the Department is satisfied on inquiry that a Great Britain licence holder is suffering from a prospective disability, the Department may—

(a) serve notice in writing on the Great Britain licence holder requiring him to deliver immediately to the Department his Great Britain licence together with its counterpart (if any) issued to him under this Part , and

(b) on receipt of the Great Britain licence and its counterpart (if any) and of an application made for the purposes of this paragraph, grant to the Great Britain licence holder, free of charge, a licence for a period determined by the Department under Article 15(1)(c).

(3) The Department may require a person to provide—

(a) evidence of his name, address, sex and date and place of birth, and

(b) a photograph which is a current likeness of him,

before granting a licence to him on an application for the purposes of paragraph (2).

(4) A person who—

(a) is required under, or by virtue of, this Article to deliver to the Department his Great Britain licence and the counterpart (if any) , but

(b) without reasonable excuse, fails to do so,

shall be guilty of an offence under this Order.

(5) Where a Great Britain licence holder to whom a counterpart is issued under Article 19F—

(a) is required under, or by virtue of, this Article to deliver his Great Britain licence and that counterpart to the Department, and

(b) is not in possession of them in consequence of the fact that he has surrendered them to a constable or authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order,

he does not fail to comply with any such requirement if he delivers them to the Department immediately on their return.

(6) Where a Great Britain licence holder is served with a notice in pursuance of this Article, he shall cease to be authorised by virtue of Article 19E(1) to drive in Northern Ireland a motor vehicle of any class from such date as may be specified in the notice, not being earlier than the date of service of the notice.

(7) Where a Great Britain licence is delivered to the Department in pursuance of this Article, the Department must—

(a) send the licence ... to the licensing authority in Great Britain, and

(b) explain to them its reasons for so doing.

Section 19H Information relating to disabilities, etc.

Article 11 shall apply to a Great Britain licence holder who is normally resident in Northern Ireland as if—

(a) in paragraph (1), for the words from the beginning to aware there were substituted “ If a Great Britain licence holder who is authorised by virtue of Article 19E(1) to drive in Northern Ireland a motor vehicle of any class, is aware immediately before the relevant date, or becomes aware on or after that date ” ,

(b) after that paragraph there were inserted—

(1A) For the purposes of paragraph (1) relevant date means—

(a) in the case where the licence holder first became normally resident in Northern Ireland on or before the date on which Article 6 of the Road Traffic (Driving Disqualifications) (Northern Ireland) Order 2003 comes into operation, that date; and

(b) in any other case, the date on which he first became so resident.

(c) for paragraph (3B) there were substituted —

(3B) A person who—

(a) is authorised by virtue of Article 19E(1) to drive in Northern Ireland a motor vehicle of any class, and

(b) drives on a road a motor vehicle of that class,

is guilty of an offence if at any earlier time while he was so authorised he was required by paragraph (1) to notify the Department but has failed without reasonable excuse to do so.

(d) in paragraph (4), the words an applicant for, or (in both places) were omitted,

(e) in paragraph (5), the words applicant or and the words from the beginning of sub-paragraph (c) to provisional licence were omitted,

(f) in paragraph (6)(b), the words applicant or (in both places) were omitted,

(g) in paragraph (7), the words applicant or were omitted, and

(h) in subsection (8)—

(i) for 10 there were substituted “ 19G ” , and

(ii) the words applicant or (in both places) were omitted.

Section 19I Access to driver licensing information

(1) The Department may make any information held by it for the purposes of this Part available to–

(a) constables,

(b) police support staff,

(c) members of a police force in Great Britain,

(d) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,

(d) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area,

(e) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police,

(f) members of the staff of the Serious Organised Crime Agency,

(g) such other persons as may be prescribed.

(2) In respect of any information made available under paragraph (1) the Department may by regulations–

(a) determine the purposes for which persons may be given access to the information,

(b) determine the circumstances in which any of the information to which those persons have been given access may be further disclosed by them.

(3) In this Article–

“ information ” means information held in any form;

“ a police force in Great Britain ” has the same meaning as in section 73(4) of the Police (Northern Ireland) Act 1998 (c. 32).

Section 31A Approval of design, construction, etc. , of motor vehicles

(1) Without prejudice to Article 55 of the Order of 1995 , the Department may by regulations prescribe requirements ( type approval requirements) with respect to the design, construction, equipment and marking of motor vehicles, being requirements which are applicable before, whether or not they are applicable after, the motor vehicles are used on a road.

(2) Where the Department is satisfied, on an application made to it by the manufacturer of a motor vehicle to which regulations under paragraph (1) apply and after examination of the motor vehicle,—

(a) that the motor vehicle complies with the relevant type approval requirements; and

(b) that adequate arrangements have been made to secure that other motor vehicles purporting to conform with that motor vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted,

the Department may approve that motor vehicle as a type vehicle and, if so, shall issue a certificate (a type approval certificate) stating that the motor vehicle complies with the relevant type approval requirements and specifying the permitted variations from the type vehicle for motor vehicles so conforming in all respects and for motor vehicles so conforming with any such variations.

(3) A manufacturer of a type vehicle in respect of which a type approval certificate is in force may issue, in respect of each motor vehicle manufactured by him which conforms with the type vehicle in such of the relevant aspects of design, construction, equipment and marking as are mentioned in the type approval certificate, a certificate (a certificate of conformity) stating that it does so conform.

(4) Where the Department is satisfied, on an application made to it by any person in respect of a motor vehicle to which regulations under paragraph (1) apply and after examination of the motor vehicle, that it complies with the relevant type approval requirements, the Department may issue a certificate (a Department's approval certificate) stating that the motor vehicle complies with those requirements.

(5) Where a Department's approval certificate is given as respects a motor vehicle and the Department is satisfied on an application made to it by the manufacturer of the motor vehicle or, in the case of an imported motor vehicle, the importer of the motor vehicle, and after the consideration of such evidence as the Department thinks necessary that any other motor vehicle manufactured by that manufacturer or, as the case may be, imported by that importer, conforms with the first-mentioned motor vehicle as respects the relevant aspects of design, construction, equipment and marking, the Department may issue a Department's approval certificate in respect of that other motor vehicle without examining it.

(6) Where the Department determines on an application under this Article not to issue a type approval certificate or a Department's approval certificate, the Department shall give the applicant a written notification of the determination, stating the grounds on which it is based.

(7) In this Article and Articles 31B to 31E

“ certificate of conformity ” (except in the expression EC certificate of conformity) means a certificate issued under paragraph (3);

“ conform ” means conform in all respects or with any permitted variation;

“EC certificate of conformity” means—

in the case of a light passenger vehicle, a certificate of conformity issued by a manufacturer under—

regulation 4 of the Motor Vehicles (EC Type Approval) Regulations 1992,

regulation 5 of the Motor Vehicles (EC Type Approval) Regulations 1998,

regulation 15(1) or 20(4) of the Road Vehicles (Approval) Regulations 2009, ...

any provision of the law of a member State other than the United Kingdom giving effect to Article 6 of the light passenger vehicle type approval Directive or Article 18 of the road vehicles type approval Directive , or

Article 36 or 37 of the road vehicles type approval Regulation

in the case of a vehicle to which the motorcycle type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 38 of that Regulation;

in the case of a vehicle to which the tractor type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 33 of that Regulation;

in the case of any other vehicle, a certificate of conformity issued by a manufacturer under—

regulation 15(1) of the Road Vehicles (Approval) Regulations 2009, ...

any provision of the law of a member State other than the United Kingdom giving effect to Article 18 of the road vehicles type approval Directive; , or

Article 36 or 37 of the road vehicles type approval Regulation

“ light passenger vehicle ” means any motor vehicle which—

has at least 4 wheels,

is equipped with an internal combustion engine,

is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,

has no more than 8 seats in addition to the driver's seat, and

has a maximum design speed exceeding 25 kilometres per hour,

but does not include a quadricycle within the meaning of Article 4 of the motorcycle type approval Regulation or a vehicle produced by the Northern Ireland Fire and Rescue Service Board for the purposes of its functions under the Fire and Rescue Services (Northern Ireland) Order 2006.

“ the light passenger vehicle type approval Directive ” means Council Directive 70/156/ EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type approval of motor vehicles and their trailers as amended by Council Directive 87/403/ EEC of 25th June 1987 and Council Directive 92/53/ EEC of 18th June 1992;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“ motor vehicle ” includes a vehicle part;

“the motorcycle type approval Regulation” means Regulation ( EU ) No 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time;

“ relevant aspects of design, construction, equipment and marking ” means those aspects of design, construction, equipment and marking which are subject to the type approval requirements;

“the road vehicles type approval Directive” means Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 establishing a framework for the approval of motor vehicles and their trailers and of systems, components and separate technical units intended for such vehicles;

“the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;

“the tractor type approval Regulation” means Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5th February 2013 on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time;

“ type vehicle ” means a motor vehicle approved by the Department under paragraph (2).

Section 31B Supplementary provisions relating to type approval and other certificates

(1) A type approval certificate may be issued under Article 31A(2) subject to conditions with respect to—

(a) the inspection by any person authorised for the purposes of this paragraph by the Department of motor vehicles purporting to conform with the type vehicle in the relevant aspects of design, construction, equipment and marking and the entry of premises where they are manufactured; and

(b) the notification by the manufacturer of differences of design, construction, equipment or marking (other than permitted variations) between any such motor vehicles and the type vehicle which might affect the type approval requirements.

(2) A type approval certificate may be issued under Article 31A(2) for a type vehicle where the Department is satisfied that one or more, but not all, of the relevant type approval requirements are complied with in the case of that vehicle, and—

(a) a further type approval certificate may be issued by virtue of this paragraph on the application of any person who manufactures any part of the vehicle or by whom the vehicle is finally assembled, and references in Article 31A and this Article to a manufacturer shall be construed accordingly;

(b) any certificate of conformity issued in consequence of any type approval certificate issued by virtue of this paragraph shall relate only to the requirement or requirements to which that type approval certificate relates;

(c) where a certificate of conformity issued in respect of a motor vehicle relates to one or more, but not all, of the relevant type approval requirements, the Department may issue in respect of that vehicle a Department's approval certificate relating to one or more of the other relevant type approval requirements.

(3) The Department may by notice in writing given to the manufacturer or owner of a motor vehicle for which a Department's approval certificate is issued direct that any specified alteration in any of the relevant aspects of design, construction, equipment or marking to which the direction relates shall be notified to the Department.

(4) Without prejudice to Article 31D, the Department may by regulations require that a Department's approval certificate issued for any motor vehicle shall specify any additional alteration to that vehicle required by any direction under paragraph (3) to be notified to the Department.

(5) If it appears to the Department that there has been a breach of a condition subject to which a type approval certificate has been granted or if the Department ceases to be satisfied as to any other matter relevant to a type approval certificate, the Department may cancel or suspend the certificate and where it does so, the Department shall give a written notification of that fact to the holder of the certificate stating the grounds for the cancellation or suspension; but the cancellation or suspension shall not affect the validity of any certificate of conformity previously issued in consequence of the type approval certificate.

Section 31C Appeals

(1) A person aggrieved by—

(a) a determination made by the Department under Article 31A or 31B with respect to a type approval certificate, a certificate of conformity or a Department's approval certificate;

(b) a determination made on an examination in pursuance of regulations under Article 31D(2) (a);

may within the prescribed time and in the prescribed manner appeal to the Department.

(2) On an appeal under paragraph (1) (a) the Department may—

(a) hold an inquiry; and

(b) appoint an assessor for the purpose of assisting the Department with the appeal or the inquiry.

Section 31D Regulations

(1) The Department may make regulations for the purposes of Articles 31A to 31C.

(2) Regulations under paragraph (1) may include provisions—

(a) for the examination of any motor vehicle in respect of which a Department's approval certificate is in force in the event of an alteration being made to the motor vehicle which is notifiable by virtue of a direction under Article 31B(3);

(b) authorising the cancellation, suspension or amendment of a certificate of conformity or a Department's approval certificate on an examination in pursuance of regulations under sub-paragraph (a);

(c) requiring the payment of fees or other charges in connection with the provision by the Department of services or facilities or the issue by it of certificates and other documents;

(d) for the authorisation of persons to carry out examinations of motor vehicles in connection with the issue of type approval certificates, and for the imposition of conditions to be complied with by persons so authorised;

(e) as to the form of, and particulars to be contained in, certificates of conformity and for the supply by the Department of forms for such certificates;

(f) for the issue of duplicates of certificates of conformity and Department's approval certificates which have been lost or defaced and for the payment of a fee for their issue;

(g) requiring persons empowered by Article 31A to issue certificates of conformity to keep records of such certificates issued by them and of the motor vehicles in respect of which such certificates are issued, and authorising the inspection of such records by such persons and in such circumstances as may be prescribed.

(3) Regulations under paragraph (1) may provide that where application is made for a licence under the Vehicle Excise and Registration Act 1994 for a motor vehicle to which regulations made under Article 31E(1) apply, the licence shall not be granted unless—

(a) on the first application after the day appointed by regulations made under Article 31E(1) for a licence for the motor vehicle there is produced such evidence as may be prescribed that there is or are one or more certificates in force under either Article 31A or any corresponding enactment having effect in Great Britain from which it appears that the motor vehicle complies with all the relevant type approval requirements prescribed by those regulations;

(b) there is made such a declaration as may be prescribed that the motor vehicle is not intended to be used during the period for which the licence is to be in force except as exempted by regulations under Article 31E(4) (a); or

(c) there is produced in respect of the motor vehicle a certificate of temporary exemption issued by virtue of Article 31E(4) (b) which exempts the motor vehicle from the provisions of Article 31E(1) for a period which includes the date on which the licence is to come into force.

(3A) The requirement set out in sub-paragraph (a) of paragraph (3) shall be taken to be satisfied if there is produced evidence that an EC certificate of conformity has effect with respect to the vehicle.

(4) The Department may make regulations—

(a) applying, with such adaptations and modifications as the Department thinks fit, all or any of the provisions of Articles 31A to 31C and of regulations under paragraph (1), so far as relating to type approval certificates and certificates of conformity, to motor vehicles manufactured in a country outside the United Kingdom;

(b) providing that a certificate issued under any such provision as so applied shall be treated for the purposes of any other provisions of this Part prescribed by the regulations as a type approval certificate or as a certificate of conformity;

(c) providing for the cancellation or suspension (subject to any savings prescribed by the regulations) of any certificate treated as described in sub-paragraph (b).

Section 31E Offences, etc., relating to type approval

(1) If any person at any time on or after the day appointed by regulations made by the Department uses or causes or permits to be used on a road a motor vehicle in relation to which type approval requirements prescribed by those regulations apply or a motor vehicle to which is fitted a vehicle part in relation to which type approval requirements prescribed by those regulations apply, and it does not appear from one or more certificates then in force under Article 31A or under any corresponding enactment having effect in Great Britain that the motor vehicle or vehicle part complies with those requirements, he shall be guilty of an offence under this Order.

(1A) For the purposes of paragraph (1) a vehicle shall be taken to comply with all relevent type approval requirements if an EC certificate of conformity has effect with respect to the vehicle.

(2) Any person who uses or causes or permits to be used on a road a motor vehicle when an alteration has been made to the motor vehicle or its equipment which is required by directions under Article 31B to be, but has not been, notified to the Department shall be guilty of an offence under this Order.

(3) A person shall not be convicted of an offence under paragraph (2) if he proves that the alteration was not specified in the relevant Department's approval certificate under Article 31B(4).

(4) The Department may by regulations—

(a) exempt from paragraphs (1) and (2) the use of motor vehicles for prescribed purposes; and

(b) make provision for the issue in respect of a motor vehicle or vehicle part in prescribed circumstances of a certificate of temporary exemption exempting that motor vehicle or vehicle part from paragraph (1) for such period as may be specified in the certificate.

(5) If any person at any time on or after the day appointed by regulations under paragraph (1) sells, supplies or offers to sell or supply or exposes for sale a motor vehicle or vehicle part in relation to which those regulations apply, and it does not appear from one or more certificates then in force under Article 31A or under any corresponding enactment having effect in Great Britain that the motor vehicle or vehicle part complies with the relevant type approval requirements prescribed by those regulations, he shall be guilty of an offence under this Order.

(5A) For the purposes of paragraph (5) a vehicle shall be taken to comply with all relevent type approval requirements if an EC certificate of conformity has effect with respect to the vehicle.

(6) A person shall not be convicted of an offence under paragraph (5) if he proves—

(a) that the motor vehicle or vehicle part was sold, supplied, offered or exposed for sale, as the case may be, for export outside the United Kingdom; or

(b) that he had reasonable cause to believe—

(i) in the case of a motor vehicle, that the motor vehicle would not be used on a road in the United Kingdom or would not be so used until it had been certified as complying with the relevant type approval requirements; or

(ii) in the case of a vehicle part, that the vehicle part would not be fitted to a motor vehicle used on a road in the United Kingdom or would not be so fitted until it had been certified as complying with relevant type approval requirements, or

(iii) that the motor vehicle or vehicle part would be used only as exempted by regulations under paragraph (4)(a) or (b).

(7) Nothing in this Article shall affect the validity of any contract or any rights arising under a contract.

Section 31F Failure to hold EC certificate of conformity for unregistered light passenger vehicle or motor cycle

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 31G Light passenger vehicles or vehicle to which the motorcycle type approval Directive applies not to be sold without EC certificate of conformity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 56 Limitation of continuous hours of duty of drivers of goods vehicles

(1) No person shall drive, or cause or permit any person employed by him or subject to his order to drive, a goods vehicle—

(a) for any continuous period longer than the number of hours prescribed for a continuous period of driving; or

(b) for continuous periods in any period of 24 hours amounting in the aggregate to more than the number of hours prescribed for such continuous periods of driving; or

(c) so that the driver has not at least the prescribed period for rest in any period of 24 hours calculated from the commencement of any period of driving; or

(d) for continuous periods in any period of 7 days amounting in the aggregate to more than the number of hours prescribed for such continuous periods of driving; or

(e) so that the driver has not at least the prescribed period of rest in any period of 7 days.

(2) For the purposes of this Article and of any regulations made under Article 58—

(a) any two or more periods of time shall be deemed to be a continuous period unless separated by an interval of not less than half an hour in which the driver is able to obtain rest and refreshment;

(b) any time spent by a driver on other work in connection with a vehicle or the load carried by the vehicle, shall be reckoned as time spent in driving;

(c) any time spent in driving or resting outside Northern Ireland may be taken into account in calculating any period prescribed under paragraph (1).

(3) Any person who drives, or who causes or permits any person employed by him or subject to his orders to drive, a goods vehicle contrary to the domestic drivers' hours code shall be guilty of an offence under this Order.

(4) This Article shall not apply to motor vehicles used for fire brigade or ambulance purposes and a person shall not be liable to be convicted of an offence under this Article, if he proves that the contravention was due to unavoidable delay in the completion of the journey to which the offence alleged relates by reason of circumstances which he could not reasonably have foreseen.

(5) The Department may by regulations—

(a) exempt from the provisions of this Article goods vehicles of such a class or description as may be specified in the regulations;

(b) provide that this Article shall apply to motor vehicles of such a class or description as may be so specified (not being goods vehicles) as it applies to goods vehicles;

(c) provide that this Article shall apply to goods vehicles of any class or description with such modifications as may be so specified;

(d) require drivers and employers of drivers to keep or to cause to be kept in such manner as may be so specified records with respect to such matters relevant to the provisions of this Article as may be so specified;

(e) require to be installed in vehicles of such classes or descriptions and in such manner and place as may be so specified, equipment of such type and manner as may be so specified, for recording information as to the use of the vehicle and impose duties on the owners and drivers of the vehicle with respect to the use and operation of the equipment;

(f) provide for the inspection of any records required to be kept or equipment to be installed under sub-paragraphs ( d ) and ( e ) respectively.

(6) In this Order “ the domestic drivers' hours code ” means the provisions of paragraphs (1) and (2) (including those provisions as applied by Article 63) ... and the provisions of any regulations made under paragraph (5) or made under Article 58 for purposes of those paragraphs.

Section 58 Regulations for purposes of Articles 53 to 57

(1) The Department may make regulations for the purpose of prescribing anything which is to be prescribed in Article 56 and otherwise for giving effect to those Articles . . . .

(2) Regulations made under paragraph (1) for the purposes of Article 56 may prescribe periods of driving of different duration for different classes of vehicles and for vehicles of the same class operating under different conditions and any such regulations may be expressed to apply for the purposes of Article 63 as they apply for the purposes of Article 56.

Section 59 Public service vehicle not to ply for hire, etc., unless driver, etc., licensed

(1) No public service vehicle shall stand or ply for hire or carry passengers for hire unless the driver, holds a passenger-carrying vehicle driver's licence, as defined in Article 70(2) or, as the case may be, a taxi driver's licence within the meaning of Article 79A .

(2) If a public service vehicle stands or plies for hire or carries passengers for hire contrary to this Article the owner of the vehicle shall be guilty of an offence under this Order unless he proves that the driver . . . acted without his privity or consent.

Section 60 Public service vehicle not to ply for hire, etc., unless vehicle licensed

(1) A public service vehicle shall not stand or ply for hire or carry passengers for hire unless there is in force with respect to the vehicle a licence granted under Article 61 (in this Order referred to as a public service vehicle licence).

(2) If a public service vehicle is used in standing or plying for hire or is used to carry passengers for hire in contravention of this Article, the owner of the vehicle and the driver . . . of the vehicle shall be guilty of an offence under this Order but the driver, . . . shall not be guilty of an offence under this Article if he proves that he did not know that there was not in force in relation to the vehicle a licence granted under Article 61.

(3) Any public service vehicle which is used in standing or plying for hire or which is used to carry passengers for hire without having such distinguishing mark or plate as may from time to time be prescribed shall be deemed to be an unlicensed public service vehicle.

Section 61 Grant of public service vehicle licences

(1) Licences in respect of public service vehicles of such different classes as may be prescribed may be—

(a) granted by the Department in such form and upon payment of such fee (which shall be uniform in respect of every vehicle of a particular class);

(b) granted on such conditions and subject to revocation or suspension in such events;

(c) generally dealt with in such manner,

as may be prescribed, or as the Department may determine.

(2) A public service vehicle licence granted by the Department under paragraph (1) shall, unless sooner revoked or suspended, continue in force for one year.

(3) Subject to paragraph (3A), a public service vehicle licence shall not be granted under paragraph (1) unless the applicant for the licence—

(a) satisfies the Department that on the date when the licence will come into operation there will be in force, in relation to the user on a road of the vehicle for which the licence is sought, such a policy of insurance or such a security in respect of third-party liabilities as complies with the requirements of Part VIII;

(b) shows to the reasonable satisfaction of the Department that he will be in a position to satisfy all lawful claims which may be made against him in respect of damage to property caused by the user of the vehicle on a road.

(3A) Paragraph (3) shall not apply to a public service vehicle owned by a company mentioned in Article 90(2)(aa).

(4) Any condition on which a public service vehicle licence is to be granted may be either—

(a) prescribed; or

(b) inserted in or endorsed on the licence in respect of the vehicle,

and a condition so inserted in or endorsed on a licence shall have the like effect as if it were prescribed.

(5) The different classes of vehicles in respect of which licences are granted under this Article shall be distinguished in such manner as may be prescribed.

Section 62 Public service vehicles not to carry more than the prescribed number of persons.

(1) A public service vehicle shall not carry a greater number of persons than that prescribed for the vehicle.

(2) If a greater number of persons than that prescribed for the vehicle is carried in a public service vehicle the owner of the vehicle and the driver of the vehicle shall be guilty of an offence under this Order.

(3) Where a person is convicted of an offence under this Article, the court shall cause particulars of the conviction to be endorsed upon the licence granted under Article 61 in respect of the vehicle . . . .

(4) The owner . . . of a public service vehicle who is charged with an offence under this Article shall, when required to do so, produce to the court before which he is charged the licence granted in respect of the vehicle under Article 61 . . . and if he fails to do so shall be guilty of an offence under this Order.

Para. (5) rep. by 1991 NI 3