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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Good Morning What is the penalty conviction under

Customer Question

Good Morning
What is the penalty for a conviction under Article 81(1) of the Road Traffic (Northern Ireland) order 1981 please?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
No problem. One of my drivers was stopped in Craigavon on the 15th of September 2015 an officer of the Enviroment, Driver Vehicle Agency Enforcement Section. His tachograph charts were inspected and he was 15 mins over his driving hours on ten separate dates prior to the 15th. He was brought to an inspection center where a statement was taken from him. He was handed 3 tickets and we had to pay £900 before the truck was released. The 10 charts were seized. He then received a summons with 10 separate offences on it each for a date that he was over as stated above. He has to attend Craigavon Magistrates on the 1st of March or he can plead guilty and the case will be dealt with in his absence.We are willing to accept what has happened and by at a loss of £900. My only concern is that he will receive penalty points an endorsement or disqualification?We are based in the south of Ireland and my driver resides in the south of IrelandSorry for the long winded replyThank YouTomás
Expert:  Jo C. replied 1 year ago.
Sorry for the delay. It took ages to find this.
All the Order does is bring Northern Ireland in line with community requirements. It does not create penalties of itself.
Therefore, you look at the primary legislation which is the penalties for breach of tachograph charts. Such a breach carries a fine only although it is fair to say it is a heavy fine and for repeated breaches they can charge them separately.
However, it does not carry points or a ban.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
JoJust to be sure to be sure!! I have attached a copy of the summons. If your certain about ban and points we will enter a plea...my apologies for this!!ThanksTomás
Expert:  Jo C. replied 1 year ago.
Yes, that is the right offence.
Obviously there are a large number of breaches though so the fine would probably be prohibitive.
Jo C. and 5 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's grand thank you for your time. Regards Tomás
Expert:  Jo C. replied 1 year ago.
No problem.
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