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TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 18

Disqualifications for offences under s.17.

18.(1) Without prejudice to any other penalty, any court before which a person
is convicted of contravening the provisions of section 17 may order him to be
disqualified for holding a goods vehicle certificate under [Article 54 of the
Road Traffic (Northern Ireland) Order 1981] in respect of the vehicle used in
the commission of the offence, for a period not exceeding

(a)one month, where the conviction is for a first offence;

(b)two months, where the conviction is for a second offence;

(c)six months, where the conviction is for a third or subsequent offence;

(2) Where a person who is disqualified for holding a goods vehicle certificate
by virtue of an order made under subsection (1) appeals against the order or
the conviction in relation to which the order was made, the operation of the
disqualification shall be suspended pending the appeal and

(a)if the certificate has been delivered to the clerk of the court, the clerk
shall return the certificate to the person disqualified; or

(b)the person disqualified shall not be required by the preceding subsection
to deliver the certificate to the clerk of the court.

(3) Where, as a result of an appeal of the kind referred to in subsection (2),
the operation of an order for disqualification made under subsection (1)
ceases to be suspended, the person disqualified shall forthwith, or within
such period as the court which heard the appeal may fix, deliver the goods
vehicle certificate granted to him to the proper officer of that court, and
that officer shall forward the certificate to the Ministry of Home Affairs, to
be kept by that Ministry until the order ceases to be in force.

(4) When an order made under subsection (1) ceases to be in force,
the Ministry of Home Affairs shall return the relevant goods vehicle
certificate to the person to whom it was granted.

(5) A person who fails to deliver a goods vehicle certificate to the clerk or
proper officer of a court as required by this section shall be guilty of an
offence and shall be liable on summary conviction to a fine of ten pounds for
every day during the period commencing on the day on which the certificate
should have been so delivered and ending on the day on which it is so
delivered.

(6) While an order made under subsection (1) is in force the person
disqualified for holding the relevant goods vehicle certificate shall also be
disqualified for

(a)obtaining another goods vehicle certificate in respect of the vehicle used
in the commission of the offence;

(b)holding or obtaining any more goods vehicle certificates than one less than
the number of such certificates held by him immediately before the commission
of the offence of which he was convicted and in relation to which the order
was made (excluding from that number any goods vehicle certificate in respect
of which any other order for disqualification made under subsection (1) is in
force at the time of the making of the first-mentioned order).

(7) The power of the Ministry of Home Affairs to make regulations under
[Article 218 of the Road Traffic (Northern Ireland) Order 1981] shall include
power to make provision for

(a)the notification to that Ministry of the making of an order under
subsection (1) of this section, of any appeal against such an order, and the
result of any such appeal;

(b)the forwarding by the clerk or proper officer of a court, to that Ministry
of a goods vehicle certificate which has been delivered to that clerk or
officer pursuant to this section;

(c)suspending the holding, or restricting the obtaining, of goods vehicle
certificates pursuant to the last preceding subsection.


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© 1967 Crown Copyright

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