Motor Vehicles
(Removal from Private Land) (Jersey) Law 2019
A LAW to permit the removal of motor
vehicles from private land and connected matters.
Commencement
[see
endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“Airport Director” means the person appointed as such
under Article 2 of the Aerodromes (Administration)
(Jersey) Law 1952;
“Harbour Master” means the person who is appointed as
such under Article 2 of the Harbours (Administration)
(Jersey) Law 1961;
“Inspector of Motor Traffic” means the Inspector of
Motor Traffic appointed under Article 2 of the Motor Traffic (Jersey) Law 1935;
“land owner” means the
person for the time being having the enjoyment of that land, either as owner or
usufructuary owner or in the exercise of rights of dower, franc veuvage,
seignorialty or otherwise;
“Minister” means the Minister
for Justice and Home Affairs;
“motor vehicle” has the same meaning as in Article 2
of the Road Traffic (Jersey)
Law 1956;
“motor vehicle owner” means the registered owner, driver
or other person in control or in charge of that motor vehicle and, in relation
to a motor vehicle that is the subject of a hiring agreement or hire-purchase
agreement, includes the person in possession of that motor vehicle under that
agreement;
“parking place” means a place allocated for the parking
of a motor vehicle or a motor vehicle of any class or description;
“private land” means any road, driveway, parking place,
footway or other place that is not land belonging to the public of Jersey or
under the administration of any parochial authority;
“registered owner”, in relation to a motor vehicle,
means the person for the time being entered in the register of motor vehicles
described in Article 3 of the Motor Vehicle Registration
(Jersey) Law 1993 as the owner of that vehicle;
“trailer” has the same meaning as in Article 1(1)
of the Road Traffic (Jersey)
Law 1956.[1]
(2) In this Law, a reference
to the removal of a motor vehicle from private land includes the removal of a
motor vehicle or a trailer from one position to another on private land and the
removal of any load carried by a motor vehicle or trailer.
(3) The States may by
Regulations amend paragraph (1).
2 Power to prohibit motor
vehicle immobilization, interference or removal
(1) The
States may by Regulations prohibit the interference or removal of a motor
vehicle on private land for any purpose, by any means, by any person or in any
circumstance specified in the Regulations.
(2) The
States may by Regulations also prohibit the attachment or other use of an
immobilization device on a motor vehicle left on private land.
(3) In
this Article “immobilization device” means a device or appliance
designed or adapted for the purpose of preventing a motor vehicle from being driven
or otherwise put in motion.
3 Power
to remove vehicles from private land
(1) The
States may by Regulations make such provision as may appear to the States to be
necessary or expedient to permit the removal of motor vehicles from private
land.
(2) Regulations
made under paragraph (1) may include provision for any of the
following –
(a) the
circumstances in which a motor vehicle may be removed or must not be removed;
(b) requirements
to be satisfied before a motor vehicle may be removed;
(c) requirements
for the removal, storage, custody, recovery or disposal of a motor vehicle
removed;
(d) the
persons or classes of persons who may remove motor vehicles from private land;
(e) the
circumstances in which the Inspector of Motor Traffic or a parochial authority
must or may provide details of a registered keeper of a motor vehicle to a
person specified in the Regulations or in circumstances specified in the Regulations;
(f) the
procedure for notifying a person before or after the removal of a motor vehicle
of the removal and of its storage, disposal or means of recovery of it;
(g) the
recovery of expenses reasonably incurred in the removal, storage, custody, recovery
or disposal of a motor vehicle removed from private land;
(h) the
resolution of disputes or complaints in connection with the removal, storage,
custody, recovery or disposal of a motor vehicle;
(i) any
other provision connected to the exercise of the power under paragraph (1)
or this paragraph.
(3) In
this Article a reference to disposal of a motor vehicle or trailer includes the
sale, transfer or destruction of a motor vehicle or any load carried by the motor
vehicle or trailer.
4 Parking
charges for unauthorized parking on private land
(1) The
States may by Regulations make provision enabling a land owner, whether
personally or through an agent, to impose a parking charge, or an additional or
excess parking charge, upon a motor vehicle owner in respect of a motor vehicle
or trailer that is left on that land owner’s land.
(2) Regulations
under this Article may provide for any of the following –
(a) the
maximum amount of parking charges, the discounting of a parking charge for
early payment, any additional parking charge for late payment or any excess
parking charge, that may imposed;
(b) the
circumstances when a parking charge described in sub-paragraph (a) may, or
must not, be recovered, including any requirement for a land owner to give
notice that a parking charge is imposed when a motor vehicle or trailer is left
on land specified in the notice;
(c) the
persons who may impose a parking charge and the persons from whom a parking
charge may, or must not, be recovered;
(d) the
circumstances in which –
(i) the Inspector of
Motor Traffic or a parochial authority must or may provide details of a
registered keeper of a motor vehicle, or
(ii) the
motor vehicle owner must or may provide details of any person to whom he or she
has hired or lent a motor vehicle to a person specified in the Regulations or
in circumstances specified in the Regulations;
(e) the
conditions that must be satisfied before a person may impose or recover a
parking charge including –
(i) the contents of any
notice to be displayed or served in connection with a parking charge,
(ii) any
evidence that may or must be produced in connection with a parking charge, and
(iii) the
means of bringing any notice to the attention of any motor vehicle owner;
(f) the
resolution of disputes or complaints in connection with the imposition or
recovery of a parking charge;
(g) the
means of recovery of an unpaid parking charge or an additional or excess
parking charge;
(h) such
other matters as the States consider to be necessary or expedient for the
purposes of this Regulation.[2]
5 Register
of motor vehicle removal operators
(1) The
States may by Regulations provide for the establishment and maintenance of a
register of motor vehicle removal operators.
(2) Regulations
made under paragraph (1) may include provision for such matters as the
States consider to be necessary or expedient for the purposes of the
establishment and maintenance of such a register, including any of the
following –
(a) the
person who must maintain the register;
(b) the
information that must be included in the register;
(c) the
criteria for registration;
(d) fees
for applications for registration, including any refund of fees;
(e) the
grounds for accepting or refusing applications for registration;
(f) the
attachment of conditions to the registration of a person;
(g) the
processes for making or granting applications for registration, or for
suspending or cancelling a person’s registration;
(h) the
process for appealing against decisions made in respect of the granting of, or
the refusal to grant, applications for registration, the imposition of any
conditions, or the suspension or the cancellation of a registration;
(i) the
duration or renewal of a registration;
(j) the
giving of any notice in connection with a registration;
(k) the
publication of the register or any part of it;
(l) restrictions
or prohibitions on operating as a motor vehicle removal operator without being
registered.
(3) Regulations
may permit or require the Minister to –
(a) publish
the particulars that must be contained in an application for registration as a
vehicle removal operator and any information that must accompany such
application;
(b) prescribe
the amount of any fee payable under the Regulations; or
(c) publish
guidance or codes of practice to apply in relation to vehicle removal
operators.
(4) In
this Article “publish” means publish in a manner that is likely to
bring it to the attention of those affected.
6 Rules
of Court[3]
The powers to make Rules of
Court under Article 13 of the Royal Court (Jersey) Law 1948, includes powers to make Rules regulating the practice and
procedure for applications and appeals under this Law.
7 General
provisions as to Regulations
Regulations made under this
Law may –
(a) make
different provision for different cases and contain such incidental,
supplementary, transitional, transitory, consequential or savings provisions as
appear to the States to be necessary or expedient; and
(b) create
offences, and specify penalties for such offences not exceeding a level 3
fine on the standard scale.
8 General
provisions as to offences
(1) Where
an offence under Regulations made under this Law, committed by a body
corporate, limited liability partnership or separate limited partnership, is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the company; or
(b) any
person purporting to act in any such capacity,
the person is guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1) applies
in relation to acts and defaults of a member in connection with his or her
functions of management as if the member were a director of the body corporate.
9 Power
of Centenier to impose penalty
(1) Where
a person charged with an offence under this Law accepts the decision of a Centenier
having jurisdiction in the matter, the Centenier may impose a fine of an amount
not exceeding level 1 on the standard scale.
(2) A
fine imposed under paragraph (1) is to be paid for the benefit of the
parish in which the offence was committed.
10 Limitation of
liability
(1) None
of the following is liable in damages for any act done in the performance or
purported performance of any power or duty conferred by or under this
Law –
(a) a
police officer;
(b) a
parochial authority;
(c) the
Minister;
(d) any
States employee who is, or is acting as, an officer, employee or agent of the
States or of the Minister or performing any function on behalf of the States or
of the Minister;
(e) the
Harbour Master or any person who is, or is acting as, an officer, employee, or
agent of the Harbour Master or performing any function on behalf of the Harbour
Master;
(f) the
Airport Director or any person who is, or is acting as, an officer, employee,
or agent of the Harbour Master or performing any function on behalf of the
Harbour Master.
(2) Paragraph (1)
does not apply –
(a) if it
is shown that the act was done in bad faith; nor
(b) so as
to prevent an award of damages made in respect of an act on the ground that the
act was unlawful as a result of Article 7(1) of the Human Rights (Jersey) Law 2000.
11 [4]
12 Citation
and commencement
This Law may be cited as the Motor Vehicles (Removal from Private
Land) (Jersey) Law 2019 and comes into force 7 days after it is
registered.