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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Road Traffic (Fixed Penalty) (Amendment) Order (Northern Ireland) 2016 No. 182 URL: http://www.bailii.org/nie/legis/num_reg/2016/nisr_2016182_en_1.html |
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Statutory Rules of Northern Ireland
Road Traffic And Vehicles
Made
18th March 2016
Coming into operation
31st May 2016
The Department of the Environment makes the following Order in exercise of the powers conferred by Article 59(1) of the Road Traffic Offenders (Northern Ireland) Order 1996(1).
In accordance with Article 91(1) of that Order the Department has consulted with such representative organisations as it thinks fit.
1. This Order may be cited as the Road Traffic (Fixed Penalty) (Amendment) Order (Northern Ireland) 2016 and shall come into operation on 31st May 2016.
2. For Schedule 1 to the Road Traffic (Fixed Penalty) Order (Northern Ireland) 2007(2) (fixed penalties) substitute-
Article 2
| Offence | Fixed Penalty | |
|---|---|---|
| 1. | A fixed penalty offence under section 11 of the HGV Road User Levy Act 2013(3) | £300 |
| 2. | A fixed penalty offence under section 4(4) of the Transport Act (Northern Ireland) 1967(4) | £200 |
| 3. | A fixed penalty offence under Article 81(2) of the Road Traffic (Northern Ireland) Order 1981(5) | £200 |
| 4. | A fixed penalty offence under Article 86 of the Road Traffic (Northern Ireland) Order 1981 | £200 |
| 5. | A fixed penalty offence under Article 90 of the Road Traffic (Northern Ireland) Order 1981 | £200 |
| 6. | A fixed penalty offence under Article 80(1) of the Road Traffic (Northern Ireland) Order 1995(6) | £200 |
| 7. | A fixed penalty offence under regulation 7(3) of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996(7) | £200 |
| 8. | A fixed penalty offence under regulation 7D of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996(8) | £200 |
| 9. | A fixed penalty offence under Article 91E(6) of the Road Traffic Offenders (Northern Ireland) Order 1996(9) | £200 |
| 10. | A fixed penalty offence under section 1(3) of the Taxis Act (Northern Ireland) 2008(10) | £200 |
| 11. | A fixed penalty offence under section 3(10) of the Taxis Act (Northern Ireland) 2008 | £200 |
| 12. | A fixed penalty offence under section 12 of the Taxis Act (Northern Ireland) 2008 (using a taxi in standing or plying for hire or reward or to carry passengers for hire or reward except under a taxi licence in force for that taxi) | £200 |
| 13. | A fixed penalty offence under section 22 of the Taxis Act (Northern Ireland) 2008 (driving a taxi when it is standing or plying for hire or reward or carrying passengers for hire or reward without a taxi driver licence in contravention of section 22(1)) | £200 |
| 14. | A fixed penalty offence under section 22(3) of the Taxis Act (Northern Ireland) 2008 (subject to Article 57(3) of the Road Traffic Offenders (Northern Ireland) Order 1996, causing or permitting, by the owner or operator, the driving of the taxi for hire or reward without a taxi driver licence in contravention of section 22(3)) | £200 |
| 15. | A fixed penalty offence under section 44(2)(a) of the Taxis Act (Northern Ireland) 2008 (altering, with intent to deceive, the plaque affixed by the Department following the taximeter test in contravention of section 44(2)(a)) | £200 |
| 16. | A fixed penalty offence under section 44(2)(c) of the Taxis Act (Northern Ireland) 2008 (making or possessing, as to be calculated to deceive, a thing closely resembling a taximeter plaque in contravention of section 44(2)(c)) | £200 |
| 17. | A fixed penalty offence under section 1(6) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010(11) | £200 |
| 18. | A fixed penalty offence under Article 177 of the Road Traffic (Northern Ireland) Order 1981(12) | £120 |
| 19. | A fixed penalty offence under section 16 of the Taxis Act (Northern Ireland) 2008 (demanding additional rates, fares or charges or more than the maximum rate, fare or charge fixed in contravention of section 16 and regulations 13 and 14 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015(13)) | £120 |
| 20. | A fixed penalty offence under section 18(1) of the Taxis Act (Northern Ireland) 2008 (using a taxi in standing or plying for hire or reward or to carry passengers for hire or reward without an approved taximeter and/or device constructed or adapted for the production of receipts in contravention of section 18(1)) | £120 |
| 21. | A fixed penalty offence under section 18(6) of the Taxis Act (Northern Ireland) 2008 (using a taxi in standing or plying for hire or reward or to carry passengers for hire or reward where taximeter or device becomes defective or a seal on a taximeter is missing or broken in contravention of section 18(6) and regulation 11 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015) | £120 |
| 22. | A fixed penalty offence under section 18(8) of the Taxis Act (Northern Ireland) 2008 (unlawfully tampering with a taximeter or device constructed or adapted for the production of receipts in contravention of section 18(8)) | £120 |
| 23. | A fixed penalty offence under section 19 of the Taxis Act (Northern Ireland) 2008 (carrying a greater number of passengers than that prescribed for the taxi) | £120 |
| 24. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (subject to Article 57(3) of the Road Traffic Offenders (Northern Ireland) Order 1996, causing or permitting the use of a licensed taxi for an unpermitted use, in contravention of section 20 and regulation 8(1) of the Taxi Licensing Regulations (Northern Ireland) 2015(14)) | £120 |
| 25. | A fixed penalty offence under section 37(3) of the Taxis Act (Northern Ireland) 2008 (failure to comply with any requirement imposed by an enforcement notice in contravention of section 37(3)) | £120 |
| 26. | A fixed penalty offence under section 5(1)(c) of the Taxis Act (Northern Ireland) 2008 (operating a taxi service for or in respect of the carriage of passengers at separate fares in contravention of section 5(1)(c)) | £90 |
| 27. | A fixed penalty offence under section 18(2) of the Taxis Act (Northern Ireland) 2008 (using a taxi for hire or reward with more than one taximeter and/or more than one device constructed or adapted for the production of receipts fitted to the taxi in contravention of section 18(2)) | £90 |
| 28. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a Class C taxi without a duly completed journey form in contravention of section 20 and regulation 8(3) of the Taxi Licensing Regulations (Northern Ireland) 2015) | £90 |
| 29. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a taxi for hire or reward without steps and handrails in contravention of section 20 and regulation 18 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £90 |
| 30. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (causing or permitting the display on a Class C taxi of a roof sign or other external markings which advertises the taxi as carrying passengers for hire or reward in contravention of section 20 and regulation 27(3) of the Taxi Licensing Regulations (Northern Ireland) 2015) | £90 |
| 31. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (causing or permitting the display of any wheelchair accessible logo, information or advertisement on the roof sign of a Class A, C or D taxi in contravention of section 20 and regulation 27(4) of the Taxi Licensing Regulations (Northern Ireland) 2015) | £90 |
| 32. | A fixed penalty offence under section 43(1) of the Taxis Act (Northern Ireland) 2008 (soliciting any person to be carried for hire or reward in a taxi in contravention of section 43(1)) | £90 |
| 33. | A fixed penalty offence under regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992(15) | £60 |
| 34. | A fixed penalty offence under section 33(1) of the Vehicle Excise and Registration Act 1994(16) | £60 |
| 35. | A fixed penalty offence under Article 63 of the Road Traffic (Northern Ireland) Order 1995(17) | £60 |
| 36. | A fixed penalty offence under regulation 2 of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2002(18) | £60 |
| 37. | A fixed penalty offence under section 3(11) of the Taxis Act (Northern Ireland) 2008 | £60 |
| 38. | A fixed penalty offence under section 14(2) of the Taxis Act (Northern Ireland) 2008 (failing to present the taxi for inspection and testing in contravention of section 14(2)) | £60 |
| 39. | A fixed penalty offence under section 14(5)(a) of the Taxis Act (Northern Ireland) 2008 (failing to notify the Department of required details of a change of taxi ownership within 14 days in contravention of section 14(5)(a)) | £60 |
| 40. | A fixed penalty offence under section 14(5)(b) of the Taxis Act (Northern Ireland) 2008 (failing to return the taxi licence and the plate, disc, sign or distinguishing mark where there is a change of taxi ownership in contravention of section 14(5)(b)) | £60 |
| 41. | A fixed penalty offence under section 15(2) of the Taxis Act (Northern Ireland) 2008 (failing to exhibit taxi licence plate, disc, sign or distinguishing mark in or on a taxi in contravention of section 15(2) and regulation 12 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £60 |
| 42. | A fixed penalty offence under section 17 of the Taxis Act (Northern Ireland) 2008 (failing to display the prescribed rates, fares and charges in a taxi in contravention of section 17 and regulation 12 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015) | £60 |
| 43. | A fixed penalty offence under section 18(1) of the Taxis Act (Northern Ireland) 2008 (causing or permitting a Class C or D licensed taxi to be fitted with a taximeter or device in contravention of section 18(1) and regulation 3(3) of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015) | £60 |
| 44. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a taxi for hire or reward without the fitment of suitable fire extinguishing apparatus in contravention of section 20 and regulation 23 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £60 |
| 45. | A fixed penalty offence under section 18(4) of the Taxis Act (Northern Ireland) 2008 (subject to the exemptions prescribed in regulation 15(2) of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015, failing to issue a receipt produced by the device constructed or adapted for the production of receipts to the person who hired the taxi or paid the fare in contravention of section 18(4)) | £30 |
| 46. | A fixed penalty offence under section 18(6) of the Taxis Act (Northern Ireland) 2008 (failure to operate the taximeter in contravention of section 18(6) and regulation 10 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015) | £30 |
| 47. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a taxi for hire or reward without the fitment of a fully inflated spare tyre, an efficient lifting jack and a wheel brace or similar tool in contravention of section 20 and regulation 24 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £30 |
| 48. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a taxi for hire or reward whilst the bodywork, doors, upholstery and fittings of the taxi are in contravention of section 20 and regulation 20 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £30 |
| 49. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a Class B taxi for hire or reward without a wheelchair sign in contravention of section 20 and regulation 26 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £30 |
| 50. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a taxi for hire or reward with insufficient baggage space in contravention of section 20 and regulation 22 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £30 |
| 51. | A fixed penalty offence under section 20 of the Taxis Act (Northern Ireland) 2008 (using a taxi for hire or reward without a roof sign in contravention of section 20 and regulation 25 of the Taxi Licensing Regulations (Northern Ireland) 2015) | £30 |
| 52. | A fixed penalty offence under section 24(3) of the Taxis Act (Northern Ireland) 2008 (failing to wear a taxi driver badge and display all other evidence of identification in such position and manner as to be plainly and distinctly visible in contravention of section 24(3)) | £30 |
| 53. | A fixed penalty offence under section 39(2)(b) of the Taxis Act (Northern Ireland) 2008 (failing to make suitable arrangements for the immediate conveyance of passengers upon being required to do so by an authorised officer or constable in uniform in contravention of section 39(2)(b)) | £30 |
| 54. | Any other fixed penalty offence involving obligatory endorsement | £60 |
| 55. | Any other fixed penalty offence | £30 |
In this Schedule at items 54 and 55 a "fixed penalty offence" is an offence specified in the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997(19)."
Sealed with the Official Seal of the Department of the Environment on 18th March 2016
Elizabeth Loughran
A senior officer of the
Department of the Environment
(This note is not part of the Order)
This Order prescribes the amount of fixed penalties for certain fixed penalty offences by substituting Schedule 1 to the Road Traffic (Fixed Penalty) Order (Northern Ireland) 2007 ("the Principal Order").
It amends the Principal Order to provide for new fixed penalty offences which have been specified as such by Article 2 of the Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2016. The new fixed penalties relate to offences committed under the Taxis Act (Northern Ireland) 2008.
An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online at http://www.legislation.gov.uk/nisr.
S.I. 1996/1320 (N.I. 10); Article 59 was renumbered by Article 22 of S.I. 2007/916 (N.I. 10)
S.R. 2007 No. 319; Schedule 1 was substituted by Article 2 of S.R. 2013 No. 197 and amended by Article 2 of S.R. 2014 No. 232
1967 c. 37 (N.I.); Section 4(4) was amended by S.R. 1972 No. 359 and S.I. 1984/703 (N.I. 3)
Regulation 7D was inserted by regulation 7(1) of S.R. 2006 No. 274
Article 91E was inserted by Article 12(1) of S.I. 2007/916 (N.I. 10)
Article 177 was amended by S.I. 1996/1320 (N.I. 10) and S.I. 1997/276 (N.I. 2)
S.R. 2015 No. 394; as amended by S.R. 2016 No. 148
S.R. 2015 No. 393; as amended by S.R. 2016 No. 140
Article 63 was amended by Article 2(1) of S.I. 2004/1990 (N.I. 14)
S.R. 1997 No. 369; as amended by S.R. 1999 No. 354, S.R. 2007 No. 318, S.R. 2011 Nos. 287 and 379, S.R. 2013 Nos. 5 and 196, S.R. 2014 No. 231 and S.R. 2015 No. 349
