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(1) This Order may be cited as the Road Traffic (Northern Ireland) Order 1995.
(2) This Order, except Article 92, shall come into operation on the expiration of 2 months from the day on which it is made.
(3) Article 92 shall come into operation on such day as the Head of the Department may by order appoint .
(4) This Order shall be construed as one with the Road Traffic (Northern Ireland) Order 1981.
(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—
“carriage of goods” includes the haulage of goods;
“carriageway” means a way constituted or comprised in a road being a way over which the public have a right of way for the passage of vehicles;
“constable” does not include a member of the Naval, Military or Royal Air Force Police;
“cycle” means a bicycle, a tricycle, or a cycle having 4 or more wheels, not being in any case a motor vehicle;
“the Department” means the Department of the Environment;
“driver”, where a separate person acts as a steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle;
“enactment” includes any order, regulation, rule, bye-law or other instrument made under a statutory provision;
“footpath” means a way over which the public have a right of way on foot only, not being a footway or a part of a road;
“footway” means a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only;
“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;
“international road haulage permit” means a licence, permit, authorisation or other document issued in pursuance of a Community instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road;
“the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996
“the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981 ;
“ the Order of 2007 ” means the Road Traffic (Northern Ireland) Order 2007;
“owner”, in relation to a vehicle which is the subject of a hiring or hire-purchase agreement, means the person in possession of the vehicle under that agreement;
“prescribed” means prescribed by regulations;
“public path” and “public right of way” have the same meaning as in the Access to the Countryside (Northern Ireland) Order 1983 ;
“public road” includes any part of a public road and any bridge or tunnel over or through which a public road passes;
“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 1981 . . . the Road Traffic Regulation (Northern Ireland) Order 1997 . . . the Order of 2007 and the Taxis Act (Northern Ireland) 2008 ;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 ;
“ taxi ” has the same meaning as in the Taxis Act (Northern Ireland) 2008;
“traffic” includes the passage of animals on a road;
“traffic sign” has the meaning assigned to it by Article 28 of the Road Traffic Regulation (Northern Ireland) Order 1997
“trolley vehicle” means a mechanically propelled vehicle adapted for use without rails under power transmitted to the vehicle from some external source (whether or not there is in addition a source of power on board the vehicle).
(3) References in this Order to a class of vehicles are to be interpreted as references to a class defined or described by reference to any characteristics of the vehicles or to any other circumstances whatsoever, and accordingly as authorising the use of “category” to indicate a class of vehicles, however defined or described.
(1) In this Order—
“heavy locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the expected articles and the weight of which unladen exceeds 11690 kilograms;
“heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and the weight of which unladen exceeds 2540 kilograms;
“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person;
“light locomotive” means a mechanically propelled vehicle which is not constructed itself to carry a load other than any of the expected articles and the weight of which unladen does not exceed 11690 kilograms but does exceed 7370 kilograms;
“motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and the weight of which unladen—
if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver and is fitted with tyres of such type as may be specified in regulations made by the Department, does not exceed 3050 kilograms;
if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed 3050 kilograms or 3500 kilograms if the vehicle carries a container or containers for holding for the purposes of its propulsion any fuel which is wholly gaseous at 17.5 degrees Celsius under a pressure of 1.013 bar or plant and materials for producing such fuel;
does not exceed 2540 kilograms in a case not falling within sub-paragraph (a) or (b);
“motor cycle” means a mechanically propelled vehicle, not being an invalid carriage, with less than 4 wheels and the weight of which unladen does not exceed 410 kilograms;
“motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than the excepted articles, and the weight of which unladen does not exceed 7370 kilograms;
“motor vehicle” means, subject to Article 6, 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;
“trailer” means a vehicle drawn by a motor vehicle;
“vehicle” includes a cycle and a trailer.
(2) In paragraph (1) “excepted articles” means any of the following: water, fuel, accumulators and other equipment used for the purpose of the supply of power for the propulsion of the vehicle, loose tools and loose equipment.
(1) For the purposes of Article 3, a side car attached to a motor vehicle, if it complies with such conditions as may be specified in regulations made by the Department, is to be regarded as forming part of the vehicle to which it is attached and as not being a trailer.
(2) For the purposes of Article 3, in a case where a motor vehicle is so constructed that a trailer may by partial super-imposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle is to be deemed to be a vehicle itself constructed to carry a load.
(3) For the purposes of Article 3, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is permanent or essentially permanent fixture, the appliance or apparatus is not to be deemed to constitute a load or goods or burden of any description, but is to be deemed to form part of the vehicle.
(4) The Department may by regulations vary any of the maximum or minimum weights specified in Article 3.
(5) Regulations under paragraph (4) may have effect—
(a) either generally or in the case of vehicles of any class specified in the regulations; and
(b) either for the purposes of the provisions of the Road Traffic Orders and of the Offenders Order and of all regulations made under those provisions or for such of those purposes as may be so specified.
(1) Unless it falls within paragraph (2), a vehicle so constructed that it can be divided into 2 parts both of which are vehicles and one of which is a motor vehicle shall (when not so divided) be treated for the purposes of the enactments mentioned in paragraph (3) as that motor vehicle with the other part attached as a trailer.
(2) A passenger vehicle so constructed that—
(a) it can be divided into 2 parts, both of which are vehicles and one of which is a motor vehicle, but cannot be so divided without the use of facilities normally available only at a workshop, and
(b) passengers carried by it when not so divided can at all times pass from either part to the other,
shall (when not so divided) be treated for the purposes of the enactments mentioned in paragraph (3) as a single motor vehicle.
(3) The enactments referred to in paragraph (1) and (2) are the Road Traffic Orders , the Offenders Order and Part II of the Transport Act (Northern Ireland) 1967 .
(4) In this Article “passenger vehicle” means a vehicle constructed or adapted for use solely or principally for the carriage of passengers.
(1) For the purposes of the Road Traffic Orders or the Offenders Order
(a) a mechanically propelled vehicle being an implement for cutting grass which is controlled by a pedestrian and is not capable of being used or adapted for any other purpose;
(b) any other mechanically propelled vehicle controlled by a pedestrian which may be prescribed for the purposes of this Article; and
(c) an electrically assisted pedal cycle of such a class as may be so prescribed,
is to be treated as not being a motor vehicle.
(2) In paragraph (1) “controlled by a pedestrian” means that the vehicle either—
(a) is constructed or adapted for use only under such control; or
(b) is constructed or adapted for use either under such control or under the control of a person carried on it, but is not for the time being in use under, or proceeding under, the control of a person carried on it.
(1) This Article applies for the purposes of the Road Traffic Orders and of the Offenders Order and of any other enactments relating to the use of motor vehicles or trailers on roads.
(2) The weight unladen of a vehicle or trailer shall be taken to be the weight of the vehicle or trailer—
(a) inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle or trailer when working on a road, but
(b) exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or, as the case may be, of any vehicle by which the trailer is drawn, and of loose tools and loose equipment.
A motor vehicle or trailer—
(a) is to be deemed to be a carriage within the meaning of any enactment, and
(b) if used as a carriage of any particular class shall for the purpose of any enactment relating to carriages of any particular class be deemed to be a carriage of that class.
A person who causes the death of, or grievous bodily injury to, another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
(1) For the purposes of Articles 9 and 10 a person is to be regarded as driving dangerously if (and, subject to paragraph (2), only if)—
(a) the way he drives falls far below what would be expected of a competent and careful driver; and
(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
(2) A person is also to be regarded as driving dangerously for the purposes of Articles 9 and 10 if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
(3) In paragraphs (1) and (2) “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those paragraphs what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(4) In determining for the purposes of paragraph (2) the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.
A person who causes the death of, or grievous bodily injury to, another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
(1) This Article has effect for the purposes of Articles 11A, 12 and 14.
(2) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
(3) In determining for the purposes of paragraph (2) what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(4) A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.
A person is guilty of an offence under this Article if he causes the death of, or grievous bodily injury to, another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—
(a) Article 3(1) of the Road Traffic (Northern Ireland) Order 1981 (driving otherwise than in accordance with a licence),
(b) Article 90 of that Order (using motor vehicle while uninsured or unsecured against third party risks), or
(c) Article 168A(1)(c) of that Order (driving while disqualified).
(1) The following provisions apply for the interpretation of Articles 14 to 21.
(2) In those Articles—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“drug” includes any intoxicant other than alcohol;
“fail” includes refuse;
“hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients;
“the prescribed limit” means, as the case may require—
35 microgrammes of alcohol in 100 millilitres of breath,
80 milligrammes of alcohol in 100 millilitres of blood, or
107 milligrammes of alcohol in 100 millilitres of urine,
or such other proportion as may be prescribed by regulations made by the Department.
“registered health care professional” means a person (other than a medical practitioner) who is one of the following—
a nurse registered on the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing; or
a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
(2A) In paragraph (2) “health care profession” means any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.
(2B) An order under paragraph (2) shall be subject to negative resolution .
(3) A person does not co-operate with a preliminary test or check-point breath test or provide a specimen of breath for analysis unless his co-operation or the specimen —
(a) is sufficient to enable the test or the analysis to be carried out, and
(b) is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
(4) A person provides a specimen of blood if and only if—
(a) he consents to the taking of such a specimen from him intravenously; and
(b) the specimen is so taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If a person causes the death of, or grievous bodily injury to, another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and—
(a) he is, at the time when he is driving, unfit to drive through drink or drugs; or
(b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit; or
(c) he is, within 18 hours after that time, required to provide a specimen in pursuance of Article 18, but without reasonable excuse fails to provide it, or
(d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under Article 18A, but without reasonable excuse fails to do so,
he is guilty of an offence.
(2) For the purposes of this Article a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.
(3) Paragraph (1)(b) , (c) and (d) shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.
(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2) Without prejudice to paragraph (1), a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(3) For the purposes of paragraph (2), a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
(4) The court may, in determining whether there was such a likelihood as is mentioned in paragraph (3), disregard any injury to him and any damage to the vehicle.
(5) For the purpose of this Article, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If a person—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceed the prescribed limit he is guilty of an offence.
(2) It is a defence for a person charged with an offence under paragraph (1)(b) to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) The court may, in determining whether there was such a likelihood as is mentioned in paragraph (2), disregard any injury to him and any damage to the vehicle.
(1) If any of paragraphs (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.
(2) This paragraph applies if a constable reasonably suspects that the person–
(a) is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and
(b) has alcohol or a drug in his body or is under the influence of a drug.
(3) This paragraph applies if a constable reasonably suspects that the person–
(a) has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and
(b) still has alcohol or a drug in his body or is still under the influence of a drug.
(4) This paragraph applies if a constable reasonably suspects that the person–
(a) is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and
(b) has committed a traffic offence while the vehicle was in motion.
(5) This paragraph applies if–
(a) an accident occurs owing to the presence of a motor vehicle on a road or other public place, and
(b) a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.
(6) A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this Article.
(7) A constable may administer a preliminary test by virtue of any of paragraphs (2) to (4) only if he is in uniform.
(8) In this Article–
(a) a reference to a preliminary test is to any of the tests described in Articles 17A to 17C, and
(b) “ traffic offence ” means an offence under–
(i) any provision of the Order of 1981 other than an offence under Article 132, 133, 136 or 137 of that Order, or
(ii) any provision of this Order, or
(iii) any provision of the Offenders Order except Part IV, or
(iv) any provision of the Road Traffic Regulation (Northern Ireland) Order 1997 ( NI 2).
(1) A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Department, an indication whether the proportion of alcohol in the person's breath or blood is likely to exceed the prescribed limit.
(2) A preliminary breath test administered in reliance on Article 17(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.
(3) A preliminary breath test administered in reliance on Article 17(5) may be administered–
(a) at or near the place where the requirement to co-operate with the test is imposed, or
(b) if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
(4) For the purposes of paragraph (1) a device shall be treated as of a type approved by the Department where a statement that the Department has approved a device of that type is included in the Belfast Gazette.
(1) A preliminary impairment test is a procedure whereby the constable administering the test–
(a) observes the person to whom the test is administered in his performance of tasks specified by the constable, and
(b) makes such other observations of the person's physical state as the constable thinks expedient.
(2) The Secretary of State shall issue (and may from time to time revise) a code of practice about–
(a) the kind of task that may be specified for the purpose of a preliminary impairment test,
(b) the kind of observation of physical state that may be made in the course of a preliminary impairment test,
(c) the manner in which a preliminary impairment test should be administered, and
(d) the inferences that may be drawn from observations made in the course of a preliminary impairment test.
(3) In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate–
(a) whether a person is unfit to drive, and
(b) if he is, whether or not his unfitness is likely to be due to drink or drugs.
(4) A preliminary impairment test may be administered–
(a) at or near the place where the requirement to co-operate with the test is imposed, or
(b) if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
(5) A constable administering a preliminary impairment test shall have regard to the code of practice under this Article.
(6) A constable may administer a preliminary impairment test only if he is approved for that purpose by the Chief Constable.
(7) A code of practice under this Article may include provision about–
(a) the giving of approval under paragraph (6), and
(b) in particular, the kind of training that a constable should have undergone, or the kind of qualification that a constable should possess, before being approved under that paragraph.
(1) A preliminary drug test is a procedure by which a specimen of sweat or saliva is–
(a) obtained, and
(b) used for the purpose of obtaining, by means of a device of a type approved by the Department, an indication whether the person to whom the test is administered has a drug in his body.
(2) A preliminary drug test may be administered–
(a) at or near the place where the requirement to co-operate with the test is imposed, or
(b) if the constable who imposes the requirement thinks it expedient, at a police station specified by him.
(3) For the purposes of paragraph (1)(b) a device shall be treated as of a type approved by the Department where a statement that the Department has approved a device of that type is included in the Belfast Gazette.
(1) A constable may arrest a person without warrant if as a result of a preliminary breath test or check-point breath test the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit.
(1A) The fact that specimens of breath have been provided under Article 18 by the person concerned does not prevent paragraph (1) having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.
(2) A constable may arrest a person without warrant if–
(a) the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under Article 17 or a check-point breath test under Article 17CA , and
(b) the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.
(2A) A person arrested under this Article may, instead of being taken to a police station, be detained at or near the place where the preliminary test or check-point breath test was, or would have been, administered, with a view to imposing on him there a requirement under Article 18.
(3) A person may not be arrested under this Article while at a hospital as a patient.
A constable may enter any place (using reasonable force if necessary) for the purpose of–
(a) imposing a requirement by virtue of Article 17(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or
(b) arresting a person under Article 17D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.
(1) A constable who is on duty at a check-point may require—
(a) a person driving a motor vehicle stopped at the check-point, and
(b) any person in charge of such a vehicle,
to co-operate with a check-point breath test administered to the person by the constable or another constable.
(2) A check-point breath test is a procedure whereby the person to whomthe test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved for the purpose of administering a preliminary breath test, an indication whether the proportion of alcohol in the person's breath or blood is likely to exceed the prescribed limit.
(3) The establishment of a check-point for the purposes of this Articlemust be authorised by a member of the Police Service of Northern Ireland, not below the rank of inspector; and a check-point for those purposes may be authorised to be established in any public place.
(4) Authorisation under paragraph (3) must be in writing and specify—
(a) the public place where the check-point concerned is to be located, and
(b) the day (or days) on which, and the hours between which, it may be operated.
(5) A check-point breath test administered in reliance on this Article maybe administered only at or near the check-point; and a constable may administer such a test by virtue of paragraph (1) only if the constable is in uniform.
(6) A person commits an offence if without reasonable excuse he fails toco-operate with a check-point breath test in pursuance of a requirement imposed under this Article.
(1) In the course of an investigation into whether a person has committed an offence under Article 14, 15 or 16 a constable may, subject to the following provisions of this Article and Article 20, require him—
(a) to provide 2 specimens of breath for analysis by means of a device of a type approved by the Head of the Department, or
(b) to provide a specimen of blood or urine for a laboratory test.
(1A) A constable may, subject to the following provisions of thisArticle, require a person whom he may require to co-operate with a check-point breath test under Article 17CA—
(a) to provide 2 specimens of breath for analysis by means of a device mentioned in paragraph (1)(a), or
(b) to provide a specimen of blood or urine for a laboratory test.
(2) A requirement under this Article to provide specimens of breath can only be made—
(a) at a police station,
(b) at a hospital, or
(c) at or near a place where a relevant breath test has been administered to the person concerned or would have been so administered but for his failure to co-operate with it.
(2A) For the purposes of this Article “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.
(2B) A requirement under this Article to provide specimens of breath may not be made at or near a place mentioned in paragraph (2)(c) unless the constable making it—
(a) is in uniform, or
(b) has imposed a requirement on the person concerned to cooperate with a relevant breath test in circumstances in which Article 17(5) applies.
(2C) Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this Article.
(2D) If a requirement under paragraph (1)(a) has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)
(a) a device or a reliable device of the type mentioned in paragraph (1)(a) was not available at that place or it was for any other reason not practicable to use such a device there, or
(b) the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.
(3) A requirement under paragraph (1)(a) or (1A)(a) may be made only by a constable who is especially authorised by the Chief Constable to make such requirements.
(4) A requirement under paragraph (1)(b) or (1A)(b) to provide a specimen of blood or urine can only be made at a police station or at a hospital; and it cannot be made at a police station unless—
(a) the constable making the requirement has reasonable cause to believe that a specimen of breath cannot be provided or should not be required, or
(b) specimens of breath have not been provided elsewhere and at the time the requirement is made a device or a reliable device of the type mentioned in paragraph (1)(a) is not available at the police station or it is then for any other reason not practicable to use such a device there, or
(bb) a device of the type mentioned in paragraph (1)(a) has been used in the circumstances described in paragraph (2) but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or
(bc) as a result of the administration of a preliminary drug test, the constable making the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his body, or
(c) the suspected offence is one under Article 14 or 15 and the constable making the requirement has been advised by a medical practitioner that the condition of the person required to provide the specimen might be due to some drug,
but may then be made notwithstanding that the person required to provide the specimen has already provided or been required to provide 2 specimens of breath.
(5) If the provision of a specimen other than a specimen of breath may be required in pursuance of this Article the question whether it is to be a specimen of blood or a specimen of urine and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to paragraph (5A)) by the constable making the requirement .
(5A) Where a constable decides for the purposes of paragraph (5) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—
(a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or
(b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;
and, where by virtue of this paragraph there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.
(6) A specimen or urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine.
(7) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this Article is guilty of an offence.
(8) A constable must, on requiring any person to provide a specimen in pursuance of this Article, warn him that a failure to provide it may render him liable to prosecution.
(9) For the purposes of paragraph (1)(a) a device shall be treated as of a type approved by the Head of the Department where a statement that the Head of the Department has approved a device of that type is included in the Belfast Gazette.
(1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person ( “the person concerned”) irrespective of whether that person consents if—
(a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under Article 20) be entitled under Article 18 to require the provision of a specimen of blood for a laboratory test;
(b) it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;
(c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and
(d) it appears to that constable that that person's incapacity is attributable to medical reasons.
(2) A request under this Article—
(a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and
(b) shall not be made to a medical practitioner other than a police medical practitioner unless—
(i) it is not reasonably practicable for the request to be made to a police medical practitioner; or
(ii) it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.
(3) It shall be lawful for a medical practitioner to whom a request is made under this Article, if he thinks fit—
(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and
(b) to provide the sample to a constable.
(4) If a specimen is taken in pursuance of a request under this Article, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—
(a) has been informed that it was taken; and
(b) has been required by a constable to give his permission for a laboratory test of the specimen; and
(c) has given his permission.
(5) A constable must, on requiring a person to give his permission for the purposes of this Article for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.
(6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this Article is guilty of an offence.
(7) In this Article “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of the police.
(1) ... of any 2 specimens of breath provided by any person in pursuance of Article 18, that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) While a person is at a hospital as a patient he shall not be required to co-operate with a preliminary test , or to provide a specimen of blood or urine under Article 18 , unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—
(a) if the requirement is then made, it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital , but
(b) if the medical practitioner objects on the ground specified in paragraph (2), the requirement shall not be made.
(1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under Article 18A and he shall not be required to give his permission for a laboratory test of a specimen taken under that Article unless the medical practitioner in immediate charge of his case—
(a) has been notified of the proposal to take the specimen or to make the requirement; and
(b) has not objected on the ground specified in paragraph (2).
(2) The ground on which the medical practitioner may object is—
(a) in a case falling within paragraph (1), that the requirement or the provision of the specimen or (if one is required) the warning required by Article 18(8) would be prejudicial to the proper care and treatment of the patient; and
(b) in a case falling within paragraph (1A), that the taking of the specimen, the requirement or the warning required by Article 18A(5) would be so prejudicial.
(1) Subject to paragraphs (2) and (3), a person required under Article 18 to provide a specimen of breath, blood or urine may afterwards be detained at a police station (or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing that, were the person then driving or attempting to drive a mechanically propelled vehicle on a road, he would commit an offence under Article 15 or 16.
(2) Paragraph (1) does not apply to the person if it ought reasonably to appear to the constable that there is no likelihood of his driving or attempting to drive a mechanically propelled vehicle whilst his ability to drive properly is impaired or whilst the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
(2A) A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this Article if it would be prejudicial to his proper care and treatment as a patient.
(3) A constable must consult a medical practitioner on any question arising under this Article whether a person's ability to drive properly is or might be impaired through drugs and must act on the medical practitioner's advice.
(1) A person shall not be guilty of an offence under Article 9, 10 and 12 by virtue of driving a vehicle in a public place other than a road if he shows that he was driving in accordance with an authorisation for a motoring event given under regulations made by the Department.
(2) Regulations under this Article may in particular—
(a) prescribe the persons by whom, and limit the circumstances in which and the places in respect of which, authorisations may be given under the regulations;
(b) specify conditions which must be included among those incorporated in authorisations;
(c) provide for authorisations to cease to have effect in prescribed circumstances;
(d) provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations.
(1) The Department may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.
(2) Regulations under this Article—
(a) may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) shall include exceptions for—
(i) the driver of, or a passenger in, a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting any thing,
(ii) the drivers of vehicles while performing a manoeuvre which includes reversing;
(iii) any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt;
(d) may include an exception for any person holding a certificate to the like effect as that mentioned in sub-paragraph (c)(iii) which was issued in a member State ... and which, under the law of that State, is valid for purposes corresponding to those of this Article;
(e) may make any prescribed exceptions subject to such conditions as may be prescribed; and
(f) may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.
(3) A person who drives or rides in a motor vehicle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.
(4) If the holder of any such certificate as is referred to in paragraph (2)(c) or (d) is informed by a constable that he may be prosecuted for an offence under paragraph (3), he is not in proceedings for that offence entitled to rely on the exception afforded to him by the certificate unless—
(a) it is produced to the constable at the time he is so informed; or
(b) it is produced—
(i) within 7 days after the date on which he is so informed, or
(ii) as soon as is reasonably practicable,
at such police station as he may have specified to the constable; or
(c) where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the day on which the proceedings are commenced.
(5) For the purposes of paragraph (4), the service of a summons on the accused shall be treated as the commencement of the proceedings.
(6) Regulations under this Article requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of 14 years.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Except as provided by regulations, where a child under the age of 14 years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.
(1A) Where—
(a) a child is in the front of a motor vehicle other than a bus;
(b) the child is in a rear-facing child restraining device; and
(c) the passenger seat where the child is placed is protected by a front air bag,
a person must not without reasonable excuse drive the vehicle on a road unless the air bag is deactivated.
(2) It is an offence for a person to drive a motor vehicle in contravention of paragraph (1) or (1A) .
(3) Except as provided by regulations, where—
(a) a child under the age of 3 years is in the rear of a motor vehicle; or
(b) a child of or over that age but under the age of 14 years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,
a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.
(4) Except as provided by regulations, where—
(a) a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car;
(b) no seat belt is fitted in the rear of the passenger car; and
(c) a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,
a person must not without reasonable excuse drive the passenger car on a road.
(5) It is an offence for a person to drive a motor vehicle in contravention of paragraph (3) or (4).
(6) Provision may be made by regulations—
(a) excepting from the prohibition in paragraph (1), (3) or (4) children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed.
(b) defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of paragraph (1) or (4) or as the rear of the vehicle for the purposes of paragraph (3) or (4);
(c) prescribing for the purposes of paragraph (1) or (3) the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Regulations made for the purposes of paragraph (3) or (4)—
(a) shall include an exemption for any child holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt; and
(b) may include an exemption for any child holding a certificate to the like effect which was issued in any member State ... and which, under the law of that state, is valid for purposes corresponding to those of this Article,
...
(9) If the driver of a motor vehicle is informed by a constable that he may be prosecuted for an offence under paragraph (5), he is not in proceedings for that offence entitled to rely on a exception afforded to a child by a certificate referred to in paragraph (8) unless—
(a) it is produced to the constable at the time he is so informed, or
(b) it is produced—
(i) within 7 days after the date on which he is so informed, or
(ii) as soon as is reasonably practicable,
at such police station as he may have specified to the constable, or
(c) where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.
(10) For the purposes of paragraph (9), the service of a summons on the accused shall be treated as the commencement of the proceedings.
(11) In this Article—
“ bus ” means a motor vehicle that—
has at least four wheels,
is constructed or adapted for the carriage of passengers,
has more than eight seats in addition to the driver's seat, and
has a maximum design speed exceeding 25 kilometres per hour;
“maximum laden weight” in relation to a vehicle means—
in the case of a vehicle in respect of which a gross weight not to be exceeded is specified in construction and use requirements, that weight; or
in the case of a vehicle in respect of which no such weight is specified in construction and use requirements, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden,
and in sub-paragraphs (a) and (b), the expression “construction and use requirements” has the meaning given in Article 53;
“passenger car” means a motor vehicle which—
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,
has 4 or more wheels,
has a maximum design in speed exceeding 25 kilometres per hour, and
has a maximum laden weight not exceeding 3.5 tonnes;
“regulations” means regulations made by the Department under this Article;
“seat belt” includes any description of restraining device for a child and any reference to wearing a seat belt shall be construed accordingly ...
...
.
(12) The reference in paragraph (1A) to the air bag being deactivated includes a reference to the case where the air bag is designed or adapted in such a way that it cannot inflate enough to pose a risk of injury to a child travelling in a rear-facing child restraining device in the seat in question.
(1) Subject to paragraph (6), the operator of a bus in which any of the passenger seats are equipped with seat belts shall take all reasonable steps to ensure that every passenger is notified that he is required to wear a seat belt at all times when—
(a) he is in a seat equipped with a seat belt; and
(b) the bus is in motion.
(2) For the purposes of paragraph (1) a passenger may be notified only by one or more of the following means—
(a) an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of his doing so;
(b) a sign prominently displayed at each passenger seat equipped with a seat belt.
(3) For the purposes of paragraph (2)—
(a) “ official announcement ” means an announcement by the driver of the bus, by a conductor or courier or by a person who is a group leader in relation to any group of persons who are passengers on the bus; and
(b) a sign that takes the form of a pictorial symbol must be in the form shown in Schedule 2A, depicting a white figure on a blue background.
(4) An operator who fails to comply with paragraph (1) is guilty of an offence.
(5) Paragraph (1) does not apply in relation to a bus—
(a) which is being used to provide a local service within the meaning of Article 24B in a built-up area; or
(b) which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing.
For the purposes of sub-paragraph (a), a local service is provided in a built up area if the entire route used by that service consists of restricted roads.
(6) In this Article—
“ bus ” has the same meaning as in Article 24;
“ operator ”, in relation to a bus, means—
the owner of the bus; or
if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;
“ passenger seat ”, in relation to a bus, means any seat other than the driver's seat;
“ restricted road ” means a road that is restricted for the purposes of Article 36 of the Road Traffic Regulation (Northern Ireland) Order 1997 (other than a road restricted by an order made under Article 37(3)(a) of that Order) or would be so restricted but for an order under Article 37(3)(b) or an order under Article 38(1)(a) of that Order.
(1) In Article 24A “ local service ” means a service using one or more buses, for the carriage of passengers by road at separate fares other than one—
(a) which is excluded by paragraph (4); or
(b) in relation to which (except in an emergency) one or both of the conditions in paragraph (2) are met with respect to every passenger using the service.
(2) The conditions are that—
(a) the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up;
(b) some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places.
(3) Where a service consists of one or more parts with respect to which one or both of the conditions are met, and one or more of the parts with respect to which neither of them is met, each of those parts shall be treated as a separate service for the purposes of paragraph (1).
(4) A service shall not be regarded for the purposes of Article 24A as a local service if—
(a) the conditions set out in paragraphs (5) to (8) (trips organised privately by persons acting independently of public service vehicle operators) are met in respect of each journey by the vehicles used in providing the service; or
(b) every vehicle used in providing the service is so used under a permit granted under Section 10B of the Transport Act (Northern Ireland) 1967.
(5) The arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of—
(a) the holder of the Road Service licence under which the vehicle is to be used, if such a licence is in force;
(b) the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force,
and otherwise than by any person who receives any remuneration in respect of the arrangements.
(6) The journey must be made without previous advertisement to the public of the arrangements therefor.
(7) All the passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.
(8) No differentiation of fares for the journey on the basis of distance or time must be made.
(9) For the purposes of this Article—
(a) a payment made for the carrying of a passenger shall be treated as a fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made;
(b) a payment shall be treated as made for the carrying of a passenger if made in consideration of a person being given a right to be carried, whether for one or more journeys and whether or not the right is exercised; and
(c) where a fare is paid for the carriage of a passenger on a journey by air, no part of that fare shall be treated for the purposes of sub-paragraphs (a) and (b) above as paid in consideration of the carriage of the passenger by road by reason of the fact that, in case of mechanical failure, bad weather or other circumstances outside the operator's control, part of that journey may be made by road.
(1) The Department may make payments in respect of the examination of applicants falling within any class mentioned in paragraph (2) being applicants for medical certificates required as a condition of any exception prescribed by regulations under Article 23 or 24 (wearing of seat belts).
(2) The classes referred to in paragraph (1) are—
(a) those in receipt of—
(i) attendance allowance under section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
(ii) a disability living allowance under section 71 of that Act;
(iii) disablement pension under section 103 of that Act at a weekly rate increased by virtue of section 104(1) of that Act (constant attendance needed);
(iv) an allowance under Article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (constant attendance allowance);
(v) a mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939 or under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977 (war pensioners' mobility supplement); or
(vi) a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939 together with a mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) ( No. 2) Order 1984 or under Royal Warrant dated 30th December 1949 or under Queen's Regulations for the Royal Air Force;
(aa) those in receipt of personal independence payment;
(ab) those in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
(b) those in receipt of universal credit, income support, an income-based jobseeker's allowance within the meaning of the Jobseekers (Northern Ireland) Order 1995 , an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) or any element of child tax credit other than the family element or working tax credit and their dependants; and
(bb) those in receipt of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 2002) and those persons who (within the meaning of that Act) are members of a couple the other member of which is in receipt of guarantee state pension credit;
(c) those whose names are in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 .
(3) The Department may by order amend paragraph (2) (whether as originally enacted or as previously amended under this paragraph) so as to omit any of the classes mentioned in that paragraph or add to or substitute for any of those classes other classes of any description.
(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this Article applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles.
(2) Regulations under this Article may make provision for securing that when equipment of a type prescribed by the regulations is sold, or offered or exposed for sale, as equipment which is so conducive—
(a) appropriate information is provided in relation to it in such manner as may be prescribed; and
(b) inappropriate information is not provided in relation to it.
(3) Except in such circumstances as may be prescribed, if a person sells, or offers or exposes for sale, equipment of any description for which a type is prescribed under this Article as equipment which is so conducive and that equipment
(a) is not of a type so prescribed, or
(b) is sold, or offered or exposed for sale, in contravention of regulations under this Article,
he is, subject to paragraph (5), guilty of an offence.
(4) Except in such circumstances as may be prescribed, if a person sells, or offers or exposes for sale, equipment of any description for which a type is prescribed under this Article as equipment conducive to the safety in the event of accident
(a) of children not of a class prescribed in relation to equipment of that type, or
(b) of children in motor vehicles not of a class prescribed in relation to equipment of that type,
he is, subject to paragraph (5), guilty of an offence.
(5) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of equipment if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.
(6) The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.
(7) This Article applies to equipment of any description for use in a motor vehicle consisting of—
(a) a restraining device for a child or for a carry-cot, or
(b) equipment designed for use by a child in conjunction with any description of restraining device.
(8) References in this Article to selling or sale include references to letting on hire and offering or exposing for sale shall be construed accordingly.
(1) The Department may make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding (otherwise than in sidecars) on motor cycles or other motor vehicles of any class or description specified in the regulations to wear protective headgear of such description as may be so specified.
(2) A requirement imposed by regulations under this Article shall not apply to any follower of the Sikh religion while he is wearing a turban.
(3) A person who drives or rides on a motor cycle or other motor vehicle in contravention of regulations under this Article is guilty of an offence; but notwithstanding any enactment or rule of law no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention unless the person actually committing the contravention is a child under the age of 16 years.
(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of helmet recommended as affording protection to persons on or in motor cycles or other motor vehicles , or motor cycles or other motor vehicles of different classes, from injury in the event of accident.
(2) If a person sells, or offers or exposes for sale, a helmet as a helmet for affording such protection and the helmet is neither—
(a) of a type prescribed under this Article, nor
(b) of a type authorised under regulations made under this Article and sold, or offered or exposed for sale, subject to any conditions specified in the authorisation,
subject to paragraph (3), he is guilty of an offence.
(3) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of a helmet if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.
(4) The provisions of Schedule 1 shall have effect in relation to contraventions of this Article.
(5) In this Article and Schedule 1 “helmet” includes any head-dress, and references to selling or sale shall include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.
(1) The Department may make regulations prescribing (by reference to shape, construction or any other quality) types of appliance of any description to which this Article applies as authorised for use by persons driving or riding (otherwise than in sidecars) on motor cycles of any class specified in the regulations.
(2) Regulations under this Article may impose restrictions or requirements with respect to the circumstances in which appliances of any type prescribed by the regulations may be used.
(3) If a person driving or riding on a motor cycle on a road uses an appliance of any description for which a type is prescribed under this Article and that appliance—
(a) is not of a type so prescribed, or
(b) is otherwise used in contravention of regulations under this Article,
he is guilty of an offence.
(4) If a person sells, or offers or exposes for sale, an appliance of any such description as authorised for use by persons on or in motor cycles, or motor cycles of any class, and that appliance is not of a type prescribed under this Article as authorised for such use, he is, subject to paragraph (5), guilty of an offence.
(5) A person shall not be convicted of an offence under this Article in respect of the sale, or offering or exposing for sale, of an appliance if he proves that it was sold or, as the case may be, offered or exposed for sale for export from Northern Ireland.
(6) The provisions of Schedule 1 shall have effect in relation to contravention of paragraph (4).
(7) This Article applies to appliances of any description designed or adapted for use—
(a) with any headgear, or
(b) by being attached to or placed upon the head,
(as, for example, eye protectors or earphones).
(8) References in this Article to selling or sale include references to letting on hire and references to offering or exposing for sale shall be construed accordingly.
(1) Subject to paragraph (2), a person who parks a heavy commercial vehicle (as defined in Article 31) wholly or partly—
(a) on the verge of a road, or
(b) on any land situated between two carriageways and which is not a footway, or
(c) on a footway,
is guilty of an offence.
(2) A person shall not be convicted of an offence under this Article in respect of a vehicle if he proves to the satisfaction of the court—
(a) that it was parked in accordance with permission given by a constable in uniform or a traffic warden;
(b) that it was parked in contravention of this Article for the purpose of saving life, extinguishing fire or meeting any other like emergency, or because of circumstances beyond the control of the person in charge of the vehicle; or
(c) that it was parked in contravention of this Article but the conditions specified in paragraph (3) were satisfied.
(3) The conditions mentioned in paragraph (2)(c) are—
(a) that the vehicle was parked on the verge of a road or on a footway for the purpose of loading or unloading; and
(b) that the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been parked on the footway or verge; and
(c) that the vehicle was not left unattended at any time while it was so parked.
(4) In this Article—
“road”, without prejudice to any provision made under Article 20 of the Roads (Northern Ireland) Order 1993 , does not include a “special road” within the meaning of that Order; and
“verge” means the unpaved area flanking a carriageway and forming part of the road
(1) In Article 30 “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.
(2) The operating weight of a goods vehicle for the purposes of this Article is
(a) in the case of a motor vehicle not drawing a trailer or in the case of a trailer, its maximum laden weight;
(b) in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and
(c) in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.
(3) In this Article “articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it; and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Northern Ireland without contravening any regulations for the time being in force under Article 55.
(4) In this Article, and in the definition of “goods vehicle” in Article 2(2) as it applies for the purposes of this Article, “trailer” means any vehicle other than a motor vehicle.
(5) The Department may by regulations amend paragraphs (1) and (2) (whether as originally enacted or as previously amended under this paragraph)—
(a) by substituting weights of a different description for any of the weights there mentioned;
(b) in the case of paragraph (1), by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.
(6) Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954 , different regulations may be made under paragraph (5) as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects different localities.
(7) Regulations under paragraph (5) shall not so amend paragraph (1) that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with paragraph (2) as originally enacted) does not exceed 7.5 tonnes is a heavy commercial vehicle for any of the purposes of Article 30.
If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road , he is guilty of an offence.
(1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—
(a) causes anything to be on or over a road; or
(b) interferes with a motor vehicle, trailer or cycle; or
(c) interferes (directly or indirectly) with traffic equipment,
in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.
(2) In paragraph (1) “dangerous” refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that paragraph that would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(3) In paragraph (1) “traffic equipment” means—
(a) anything lawfully placed on or near a road by, or on behalf of, the Department;
(b) a traffic sign lawfully placed on or near a road by a person other than the Department;
(c) any fence, barrier or light lawfully placed on or near a road—
(i) by a person other than the Department in connection with the execution of works of any description on or in a road; or
(ii) by a constable or a person acting under the instructions or directions (whether general or specific) of the Chief Constable.
(4) For the purposes of paragraph (3) anything placed on or near a road shall unless the contrary is proved be deemed to have been lawfully placed there.
(5) In this Article “road” does not include a footpath, public path or other public right of way.
(1) Not more than one person in addition to the driver may be carried on a motor bicycle.
(2) No person in addition to the driver may be carried on a motor bicycle otherwise than sitting astride the motor bicycle and on a proper seat securely fixed to the motor cycle behind the driver's seat.
(3) If a person is carried on a motor bicycle in contravention of this Article, the driver of the motor cycle is guilty of an offence.
(1) Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.
(2) In this Article references to a person carried on a bicycle include references to a person riding the bicycle.
(3) If a person is carried on a bicycle in contravention of paragraph (1), each of the persons carried is guilty of an offence.
If, while a motor vehicle is on a road or other public place, a person—
(a) gets on to the vehicle; or
(b) tampers with any part of the vehicle or its equipment,
without lawful authority or reasonable cause, he is guilty of an offence.
(1) If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence.
(2) If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence.
If a pedestrian through his own negligence on a road endangers his own safety, or that of any other person, he is guilty of an offence.
The Road Traffic (Northern Ireland) Order 1995 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/nisi-1995-2994
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本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com