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Written question asked by Gregory Campbell (Democratic Unionist Party) on Tuesday, 22 November 2005, in the House of Commons. It was due for an answer on Monday, 28 November 2005. It was answered by Shaun Woodward (Labour) on Tuesday, 6 December 2005 on behalf of the Northern Ireland Office.

Motoring Offences

Question
To ask the Secretary of State for Northern Ireland what provision exists in Northern Ireland for the prosecution of drivers from the Irish Republic who have been identified as (a) driving (i) illegally and (ii) without tax and insurance and (b) parking illegally.
Answer

Drivers of vehicles in Northern Ireland, where the driver is not resident in Northern Ireland, or where the vehicle is not registered in the United Kingdom, are subject to the provisions of the Road Traffic (Northern Ireland) Order 1981.A community licence holder (i.e. a person who holds a licence issued by any of the member states of the European economic area—EEA) may drive a vehicle which that licence authorises him to drive, provided he is not disqualified from holding or obtaining a licence in Northern Ireland (e.g. he may be subject to a disqualification imposed by a NI court). However, that person is not so authorised where the licence is not valid in the state which issued it (e.g. the RoI authorities may have imposed a disqualification—this would prevent that person from applying for an NI licence or from driving on the basis of the disqualified RoI licence). Article 15A of the Order refers.A person from outside the United Kingdom driving in Northern Ireland must be insured or secured against third party risks as prescribed by article 90 of the Order, and to the standard prescribed by article 92 of the 1981 Order. Under article 181 of the Order, police have the power to arrest without warrant and detain a person resident outside the UK for committing an offence under article 90 until he enters into a recognisance under the Magistrates Courts (Northern Ireland) Order 1981 to appear before a magistrates court to answer a complaint charging that offence.Failure to comply with any of the requirements specified aforementioned is an offence. These offences, and the punishments associated with them, are specified in schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996.Vehicles that are parked illegally are issued with a non-endorsable fixed penalty notice (FPN) irrespective of the country of origin. However, it is not possible to summons to court the owners of vehicles resident in the Republic of Ireland for the non-payment of FPNs.

Secondary information

Type
Written question
Reference
440 c1263W;440 c1263W; 32253
Session
2005-06
Subjects
Crime Parking Northern Ireland Prosecutions Republic of Ireland Taxation Road traffic offences Motor insurance
Link
View this Written question on www.publications.parliament.uk