Motor Traffic
(Jersey) Law 1935[1]
A LAW to
provide for the regulation of public service vehicles[2]
Commencement
[see
endnotes]
PART 1
INTERPRETATION[3]
1 Interpretation[4]
(1) In
this Law, unless the context otherwise requires –
“badge” means
a badge issued under Article 29 that authorizes a person to drive a public
service vehicle;
“cab” means a
motor vehicle being used to provide a cab service;
“cab service”
means a service that consists of the carriage by motor vehicles of passengers
for hire or reward under a contract expressed or implied for the use of the
vehicle as a whole at a fixed rate or for an agreed sum;
“certificate of
fitness” means a certificate issued under Article 8(2);
“char-à-banc”
means a motor vehicle being used to provide a char-à-banc service;
“char-à-banc
service” means a service that consists of the carriage by motor vehicles
of passengers for hire or reward at separate fares, for a journey or circuit,
from one or more points of departure specified in advance to one or more common
destinations so specified, and not stopping to take up or set down passengers
except in the neighbourhood of the points of departure and of the common
destination;
“contravene”
includes fail to comply;
“documents”
includes accounts, deeds, writings and information recorded in any form,
whether or not legible to the naked eye;
“fare”
includes a sum payable in respect of a season ticket or any type of multiple
journey ticket;
“function”
includes power, authority and duty;
“hire vehicle”
means a motor vehicle designed to carry no more than 8 people that is let on
hire on terms that provide for the vehicle to be driven by the hirer or by
another person specified in the hire agreement;
“Inspector”
means the Inspector of Motor Traffic appointed under Article 2;
“Minister”
means the Minister for Infrastructure;
“modify”
includes add to, amend, alter, replace, revoke and delete;
“motor vehicle”
means a mechanically propelled vehicle (and any trailer attached to the
vehicle) intended or adapted for use on a road;
“omnibus”
means a motor vehicle being used to provide an omnibus service;
“omnibus service”
means a service that consists of the carriage by motor vehicles of passengers
for hire or reward at separate fares, stage by stage, and stopping to pick up
or set down passengers along the line of route;
“omnibus service
licence” means a licence granted under Article 19 that authorizes a person
to provide an omnibus service;
“Police Officer”
means a member of the Honorary Police or a member of the States of Jersey
Police Force;
“public service
vehicle” means a motor vehicle used to carry passengers for hire or
reward but does not include a hire vehicle;
“public service
vehicle licence” means a licence granted under Article 9 authorizing
a person to use a motor vehicle as a cab, char-à-banc
or omnibus;
“road” means a
public road, any other road to which the public has access, a public place and
a sea beach;
“this Law”
includes Regulations and Orders made under this Law;
“Traffic Officer”
means the Inspector, the Deputy Inspector of Motor Traffic or a Traffic Officer
appointed under Article 2.[5]
(2) If –
(a) a
motor vehicle designed to carry 8 people or less is not being used in the
course of a business of carrying passengers; but
(b) contributions
are received by the carrier for the journey concerned,
the vehicle shall not be
taken for the purposes of this Law as being used to carry passengers for hire
or reward if the total of the contributions received does not involve an
element of profit.
PART 2
ADMINISTRATION[6]
2 Appointment
of Traffic Officers[7]
(1) There
shall be appointed an Inspector of Motor Traffic, a Deputy Inspector of Motor
Traffic and such Traffic Officers (all of whom shall be States’ employees
within the meaning of Article 2 of the Employment
of States of Jersey Employees (Jersey) Law 2005) as may be necessary
to exercise the powers conferred and perform the duties imposed on them
respectively by or under this Law or any other enactment and to perform such
other duties relating to road traffic as the Minister may from time to time
impose on them.[8]
(2) In
the event of the absence from duty of the Inspector of Motor Traffic either by
reason of illness or for any other cause, or in the event of a vacancy in the
office of Inspector of Motor Traffic, the duties imposed and the powers
conferred on the Inspector of Motor Traffic shall be exercised by the Deputy
Inspector of Motor Traffic.[9]
3 Traffic
Officers to take oath[10]
The Inspector and Traffic
Officers appointed under this Law shall, on appointment, take oath before the
Royal Court well and faithfully to discharge the duties of their respective
offices.
4 Traffic
Officers to report offences[11]
It shall be the duty of
the Inspector or of every Traffic Officer whenever it shall come to the
Inspector’s or Traffic Officer’s knowledge that any criminal or
other offence has been committed in violation of this Law, or of any other Law
or Regulation concerning the user of any road, to give immediate information thereof
to a member of the Honorary Police of the parish in which such criminal or
other offence was committed or a member of the States of Jersey Police Force.[12]
PART 3
REGULATION OF PUBLIC
SERVICE VEHICLES[13]
5 Classification
of public service vehicles
(1) For
the purposes of this Law public service vehicles shall be divided into 3
classes, namely –
(a) those
used to provide an omnibus service;
(b) those
used to provide a char-à-banc service; and
(c) those
used to provide a cab service.
(2) If
a person is carried in a motor vehicle for a journey or circuit in
consideration of a separate payment made by the person, whether to the owner of
the vehicle or to any other person, the vehicle in which the person is carried
shall be taken to be a vehicle carrying passengers for hire or reward at
separate fares, whether the payment is solely in respect of the journey or
circuit or not.
6 Requirement
for public service vehicle licence[14]
(1) A
person must not cause or permit a motor vehicle to be used on a road as an
omnibus, a char-à-banc or a cab unless –
(a) the person
is the holder of a public service vehicle licence for the vehicle that
authorizes the vehicle to be used for that purpose; and
(b) the
vehicle is being used and operated in accordance with the conditions set out in
the licence.
(2) A
person who causes or permits a motor vehicle to be used or operated as a public
service vehicle in contravention of this Article shall be guilty of an offence
and is liable to a fine of level 3 on the standard scale.[15]
7 Minister
may make Orders as to condition of public service vehicles
(1) The
Minister may by Order prescribe conditions as to fitness to be fulfilled by
public service vehicles and the equipment to be carried by them to qualify for
a certificate of fitness.
(2) Different
conditions may be prescribed in respect of –
(a) different
classes and descriptions of public service vehicles; and
(b) the
same class or description of public service vehicles in different
circumstances.
8 Certificates
of fitness
(1) A
person may, on payment of the fee prescribed by the Minister by Order, submit a
vehicle for examination by the Inspector.
(2) If,
after examination, the Inspector is satisfied that a vehicle complies with the
requirements of any relevant Order made under Article 7, the Inspector
shall issue in respect of the vehicle a certificate to the effect that the vehicle
is suitable for use as an omnibus, a char-à-banc
or a cab, as the case may be.
(3) A
certificate of fitness shall, unless previously revoked, continue in force for
such period, not being less than 6 months or more than 12 months, as shall be
specified in it.
(4) The
Minister may at any time revoke a certificate of fitness if it appears to the Minister
that the vehicle is for any reason unsuitable for use as a public service
vehicle.
(5) The
Inspector may suspend a certificate of fitness in respect of a public service
vehicle if it appears to the Inspector that the vehicle does not comply with a
requirement of a relevant Order made under Article 7 or is for any other
reason unsuitable for use as a public service vehicle.
(6) If
the Inspector suspends a certificate of fitness under paragraph (5) the
Inspector shall as soon as practicable give notice of the suspension to the
holder of the certificate and shall, within 48 hours, make a report in writing
to the Minister.
(7) The
suspension shall continue in force until it is removed by the Minister.
9 Grant
of public service vehicle licences[16]
(1) The
Minister shall on payment of the fee prescribed by the Minister by Order grant
a public service vehicle licence in respect of a vehicle if the Minister is
satisfied –
(a) that
the applicant is the owner of the vehicle;
(b) that
the applicant is a fit and proper person to operate the public service to be
provided by the vehicle;
(c) that
an appropriate certificate of fitness is in force in respect of the vehicle;
and
(d) that
the grant of the licence would not be contrary to paragraph (6).
(2) The
Minister may grant a public service vehicle licence unconditionally or subject
to conditions, which shall be set out in the licence.
(3) The
conditions shall be such, as in the Minister’s opinion, are necessary or
desirable to ensure the proper operation of the vehicle and the public service
to be provided by the vehicle.
(4) Without
prejudice to the generality of paragraph (3), the conditions may relate to –
(a) the
number of passengers that may be carried in the vehicle or in any part of it;
(b) who
may or may not operate the vehicle;
(c) the
manner in which and the times during which the public service to be provided by
the vehicle is to be operated;
(d) in
the case of a public service vehicle licence granted in respect of a cab, the
use of stands established by Committees of the States in accordance with Article 37
for use by cabs.
(5) Unless
sooner revoked a public service vehicle licence continues in force for one year
from the date of its grant but may be extended by the Inspector by up to 72
hours if the Inspector is satisfied that there is an adequate reason for doing
so.
(6) The
Minister may, in respect of a class of public service vehicles, determine that
public service vehicle licences shall not be granted in excess of such number
the Minister considers desirable.[17]
(7) A
person may appeal to the Royal Court against a decision made by the Minister –
(a) not
to grant the person a public service vehicle licence on the grounds that the person
is not a fit and proper person to operate the public service to be provided by
the vehicle; or
(b) as to
a condition subject to which a public service vehicle licence has been granted
to the person.
(8) Notice
of the appeal must be lodged with the Royal Court within 29 days of notice of
the refusal being given or of the grant of the licence, as the case may be, or
within such further period as the Court may allow if it considers it desirable
to do so in the interests of justice.
(9) In
determining an appeal under this Article, the Royal Court is not restricted to
a consideration of questions of law or to the facts contained in an
application, or other information, before the Minister.
(10) When
it determines an appeal the Royal Court may –
(a) confirm
the decision of the Minister; or
(b) substitute
for that decision any decision the Minister could have made.[18]
(11) The
Royal Court may make such orders as it thinks appropriate, including ancillary
orders and orders as to costs.
10 Suspension
or revocation of public service vehicle licences[19]
(1) The
Minister may revoke a public service vehicle licence or suspend its validity,
either for a specified period or for an indefinite period, if it appears to the
Minister –
(a) that
its holder is no longer a fit and proper person to operate the public service
provided by the vehicle having regard to the holder’s conduct, whether in
respect of the provision of that public service or otherwise, the manner in
which the vehicle has been used or operated or the manner in which the public
service has been provided (or has failed to be provided); or
(b) that
the vehicle to which the licence relates has been used or operated in
contravention of a condition set out in the licence.
(2) The
validity of a public service vehicle licence granted in respect of a vehicle is
suspended during any period a certificate of fitness is not in force in respect
of the vehicle.
(3) The
holder of a public service vehicle licence may appeal to the Royal Court
against a decision by the Minister to revoke the licence or suspend its
validity.
(4) Notice
of the appeal must be lodged with the Royal Court within 29 days of notice
of the revocation or suspension being given to the holder of the licence or
within such further period as the Court may allow if it considers it desirable
to do so in the interests of justice.
(5) When
it determines an appeal the Royal Court may –
(a) annul
or confirm the decision of the Minister; or
(b) substitute
for that decision any decision the Minister could have made.
(6) The
Royal Court may make such orders as it thinks appropriate, including ancillary
orders and orders as to costs.
11 Power
to stop and enter public service vehicles
(1) A
Police or Traffic Officer may at any time enter and inspect a public service
vehicle and for that purpose may require a public service vehicle to be
stopped.
(2) A
Police or Traffic Officer may at any time that is reasonable having regard to
the circumstances of the case, enter premises on which the Officer has reason
to believe that a public service vehicle is kept.
(3) A
person who –
(a) obstructs
a Police or Traffic Officer when attempting to enter a public service vehicle
or premises in accordance with this Article; or
(b) when
required so to do in accordance with this Article, fails to stop a public
service vehicle,
shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
12 Obligation
to report damage to public service vehicles
(1) The
holder of a public service vehicle licence must as soon as practicable report
to the Minister –
(a) any
failure of or damage to the vehicle in respect of which the licence was granted
that may affect the safety of its passengers or of persons using the road, or
that affects its appearance; or
(b) any
alteration to the vehicle other than the replacement of parts.
(2) A
person who fails to comply with a provision of paragraph (1) shall be
guilty of an offence and liable to a fine not exceeding level 2 on the standard
scale.
13 Minister
to issue licence plate
(1) The
Minister must on the first issue of a public service vehicle licence in respect
of a motor vehicle issue to the holder of the licence a plate (which shall
remain the Minister’s property) that bears a distinguishing mark.
(2) The
holder of the licence must display the plate on the vehicle, free from
obstruction, in a conspicuous position approved by the Inspector.
(3) The
holder or former holder of the licence must return the plate to the Minister if
the licence is suspended or revoked, or expires and is not renewed.
(4) The
Minister must return the plate, in the case of the suspension of a licence, if
the suspension is lifted.
(5) The
holder of the licence must notify the Minister as soon as practicable if the
plate is lost or defaced and the Minister must issue a replacement on payment
of any fee prescribed by the Minister by Order.
(6) If,
during the currency of a public service vehicle licence, its holder ceases to
be the owner of the vehicle to which the licence relates, the holder must forthwith
notify the Minister and return the licence.
(7) In
paragraph (6) “owner”, in relation to a vehicle that is the
subject of a hire-purchase agreement, means the person in possession of the
vehicle under that agreement.
(8) A
person who contravenes a provision of this Article shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
PART 4
OMNIBUS
SERVICE LICENCES
A14 [20]
14 Duties
of Minister
(1) The
first duty of the Minister when making a decision under this Part is to ensure
that sufficient omnibus services are provided to satisfy all current and
prospective demands for them insofar as it is reasonably practical to do so.
(2) In
furtherance of that duty, the Minister shall perform his or her functions under
this Part in a manner that is best calculated –
(a) to
protect and further both the short and long-term interests of the users of
omnibus services, and to do so, wherever the Minister considers it appropriate,
by promoting competition among the providers of those services;
(b) to
promote efficiency, economy and effectiveness in the provision of omnibus
services;
(c) to
further the economic interests of Jersey;
(d) to
impose a minimum of restrictions on the providers of omnibus services.
(3) In
performing his or her functions under this Part, the Minister must have regard
to the need to ensure that those providing omnibus services have sufficient
financial and other resources to provide those services.
15 Requirement
for an omnibus service licence
(1) A
person shall not provide an omnibus service except in accordance with the terms
of an omnibus service licence that authorizes the person to provide the
service.
(2) A
person shall not provide all or any part of an omnibus service except in
accordance with the conditions contained in the licence that authorizes the
provision of the service.
(3) A
person shall not use a motor vehicle to provide an omnibus service unless a
public service vehicle licence that authorizes the vehicle to be used for that
purpose is in force in respect of the vehicle.
(4) A
person shall not use a motor vehicle to provide an omnibus service in
contravention of a condition contained in the public service vehicle licence in
force in respect of the vehicle.
(5) A
person shall not offer to provide, or hold out as being able and willing to
provide an omnibus service which if provided would be a contravention of paragraph (1).
(6) A
person who contravenes paragraph (1), (2), (3), (4), or (5) shall be
guilty of an offence and liable to imprisonment for a term not exceeding 12
months or to a fine, or both.
16 Civil
enforcement of requirement for omnibus service licence
(1) The
Minister may bring civil proceedings, for an injunction or other appropriate
relief, to compel compliance with Article 15.
(2) The
Royal Court may grant an injunction to restrain a contravention or threatened
contravention of Article 15.
17 Suspension
of requirement
(1) The
Minister may by Order suspend in whole or in part the operation of Article 15
if the Minister considers it to be in the public interest to do so.
(2) The
suspension may be made on terms and subject to any conditions the Minister
considers appropriate.
(3) The
suspension has effect on and from the day specified in the Order, being a day
not earlier than the making of the Order.
(4) The
suspension has effect for 12 months unless a shorter period is specified in the
Order when it has effect for that shorter period.
(5) The
power under paragraph (1) is not exercisable more than once in respect of
any set of circumstances, except to revoke or amend the Order.
(6) The
Minister has no power to amend the Order to extend the period of suspension to
more than 12 months.
18 Exemption
from requirements
(1) The
Minister may, by written notice, exempt a person from compliance with Article 15(1).
(2) The
exemption may be in respect of –
(a) a
public service motor vehicle specified in the notice when used in the
circumstances also so specified; or
(b) a
particular journey or series of journeys specified in the notice to be made by
a public service vehicle.
19 Grant
of omnibus service licences
(1) The
Minister may, on the application of any person, grant the person an omnibus
service licence to permit the person to provide the omnibus service specified
in the licence.
(2) Instead
of accepting or seeking an application under paragraph (1), the Minister may
invite tenders by public auction for the grant of an omnibus service licence to
provide a specified omnibus service.
(3) The
Minister shall determine the terms and conditions of an auction mentioned in paragraph (2)
and may publish details of such an auction in Jersey or elsewhere.
(4) The
Minister may refuse to grant an omnibus service licence on an application made
under paragraph (1) if the Minister considers that to do so would be
consistent with his or her duties under this Part.
(5) In
addition the Minister may refuse such an application if–
(a) any
reasonable application fee determined by the Minister has not been paid;
(b) any
information that the Minister requires to determine the application has not
been provided; or
(c) any
other requirement as, in the opinion of the Minister, is appropriate
(including, if the Minister so requires, satisfying a third person with respect
to any matter) has not been met in respect of the application.
(6) An
omnibus service licence shall be in writing.
(7) The
Minister may grant an omnibus service licence unconditionally or subject to
conditions, which shall be set out in the licence.
(8) The
Minister may grant an omnibus service licence for any period, which shall be
specified in the licence.
(9) The
amount required to be paid to the Minister under paragraph (5)(a) shall be
fixed at a level necessary to enable the Minister to recover its cost in
considering the application.
20 Omnibus
service licence conditions
(1) The
conditions that the Minister may grant an omnibus service licence subject to
shall be such, as in the Minister’s opinion are necessary or desirable to
fulfil his or her duties under this Part.
(2) Those
conditions shall include (but are not limited to) conditions relating to, or
imposing requirements for, any one or more of the following –
(a) the
manner in which the service authorized by the licence is to be provided;
(b) the
provision, as part of the service authorized by the licence, of a social or
cross-subsidized service;
(c) the
standard of performance to be achieved in providing the service authorized by
the licence;
(d) the
establishment and operation of a procedure for receiving and resolving
complaints against the licensee by users of the service authorized by the
licence;
(e) the
terms and conditions to be included in the contract between the licensee and
the users of the service authorized by the licence;
(f) the
payment to the Minister or to any other public body of an amount or amounts for
the use of facilities to be used by the licensee to provide the service
authorized by the licence;
(g) the
provision to the Minister of documents, accounts, estimates, returns or other
information relating to the provision of the service authorized by the licence;
(h) the
prevention or reduction of anti-competitive behaviour;
(i) the
approval by the Minister of the public service vehicle or vehicles to be used
to provide the service authorized by the licence.
(3) In
addition the conditions contained in an omnibus service licence may require the
licensee to do all or any of the following –
(a) not
to do, not to continue to do or not to cease to do anything under the licence
without the consent of the Minister;
(b) to
refer for determination by the Minister any specified question, or any
specified class of questions;
(c) to
act on such a determination.
(4) Further
conditions contained in an omnibus service licence may relate to, or impose
requirements about –
(a) competition
in relation to the provision of omnibus services;
(b) the
facilities to be used to provide the service authorized by the licence;
(c) any
numbering scheme to be used in respect of the provision of the service
authorized by the licence;
(d) the
routes to be provided with an omnibus or the routes to be used when providing
such a service;
(e) interconnection
among the providers of omnibus services;
(f) the
provision of omnibus services for or on behalf of other persons, whether or not
those persons are authorized by an omnibus service licence to provide those
services;
(g) the
co-location and sharing of, and access to, facilities to be used by providers
of omnibus services.
21 Subsidy
may be paid for provision of service
(1) This
Article applies if the Minister has satisfied himself or herself –
(a) that
it is in the public interest that a particular omnibus service should be
provided;
(b) that
nobody is prepared to provide the service unless a subsidy is paid for the
provision of the service; and
(c) that
to pay a subsidy to ensure that the service is provided would not be
inconsistent with the Minister’s duties under this Part.
(2) Where
this Article applies the Minister may include in the licence to provide the
service a condition that the Minister shall pay, from money available to him or
her for the purpose, a subsidy for the provision of the service.
(3) The
licence shall specify the amount to be paid or the manner in which that amount
may be calculated, the time or times when it is payable and the service in
respect of which it is payable.
(4) An
amount due and payable by the Minister by virtue of this Article is a debt due
to the licensee.
(5) In
this Article a reference to an omnibus service includes –
(a) any part
or element of such a service; or
(b) a
series of such services.
(6) A
condition referred to in paragraph (2) is a condition contained in an
omnibus service licence for the purpose of Articles 22 and 24.
22 Modification
of licence conditions
(1) The
Minister may, of his or her own motion or on the application of any person,
modify a condition contained in an omnibus service licence.
(2) The
Minister may refuse to modify a condition on such ground as he or she sees fit.
(3) The
power to modify a condition includes the power to insert a new condition or
amend or delete an existing condition but any new condition, or condition as
amended may only be a condition that could have been contained in the licence
when it was granted.
23 Direction
to comply with licence conditions
(1) This
Article applies if, in the opinion of the Minister, a licensee is in
contravention of a condition contained in an omnibus service licence.
(2) The
Minister shall give a direction to the licensee to take steps, or specified
steps, to ensure compliance with the condition unless he or she is satisfied
that –
(a) the
Minister’s duties under this Part preclude giving the direction;
(b) the
contravention is trivial; or
(c) the
licensee is taking steps to comply with the condition and to remedy any effect
of the contravention.
(3) A
direction must specify –
(a) the
licence to which it relates; and
(b) the
condition contravened.
(4) A
direction –
(a) shall
require the licensee to act or not to act, according to the nature of the
condition and the contravention, in a manner specified in the direction;
(b) may
require the licensee to take steps, or specified steps, to remedy the effects
of the contravention; and
(c) may
be modified at any time by the Minister giving a new direction in accordance
with this Article.
(5) The
Minister may bring civil proceedings, for an injunction or other appropriate
relief, to compel compliance with a direction given under this Article.
(6) The
Minister may revoke the licence if a person fails to comply with a direction
given under this Article.
24 Notice
and consultation
(1) This
Article applies to a decision by the Minister on whether or not –
(a) to
grant an application made under Article 19(1) for an omnibus service
licence;
(b) to revoke
an omnibus service licence; or
(c) to
modify a condition contained in an omnibus service licence.[21]
(2) The
Minister must give notice before making a decision to which this Article
applies.
(3) The
notice must specify –
(a) the
matter in respect of which the decision is required;
(b) why
the decision is required;
(c) the
date when the decision would take effect;
(d) the
place where any document relating to the proposed decision may be inspected;
and
(e) the
period during which written representations or objections in respect of the
proposed decision may be made.
(4) If
the proposed decision is whether or not to grant an omnibus service licence the
document referred to in paragraph (3)(d) must include a copy of the
proposed licence.
(5) If
the proposed decision is whether or not to modify a condition of an omnibus
service licence the document referred to in paragraph (3)(d) must include
a copy of the condition before modification and a copy in draft form of the
condition as modified.
(6) Any
person may make representations or objections to the Minister about the
proposed decision during the period specified in the notice.
(7) The
Minister must consider any representations or objections so made before making
its decision.
(8) When
the Minister has made his or her decision the Minister must give a further
notice.
(9) That
notice must –
(a) refer
to the matters contained in the previous notice;
(b) contain
a summary of the representations and objections received;
(c) contain
details of the Minister’s responses to them sufficient in content to
enable them to be understood and the reasons for them to be known;
(d) if
the full text of the responses is not contained in the notice, specify the
place where a document setting them out may be inspected; and
(e) state
when the decision is to have effect.
(10) A
notice given under this Article shall be given by the Minister in such manner
as he or she is satisfied best brings the notice to the attention of those
affected by the decision and may for that purpose be given by notice published
in the Jersey Gazette.
25 Appeals
(1) Any
person may appeal to the Royal Court against a decision made by the Minister to
which Article 24 applies, whether or not the decision has taken effect.
(2) Notice
of the appeal must be lodged with the Royal Court within 29 days of notice
being given in accordance with Article 24(8) or within such further period
as the Court may allow if it considers it desirable to do so in the interests
of justice.
(3) In
determining an appeal under this Article, the Royal Court is not restricted to
a consideration of questions of law or to the facts contained in an
application, or other information, before the Minister.
(4) When
it determines an appeal the Royal Court may –
(a) confirm
the decision of the Minister; or
(b) substitute
for that decision any decision the Minister could have made.
(5) The
Royal Court may make such orders as it thinks appropriate, including ancillary
orders and orders as to costs.
(6) If
notice of an appeal is lodged with the Court in accordance with this Article
against a decision that has not taken effect the decision shall not take effect
(if at all) until after the date when the appeal has been finally disposed of
unless a later date was specified by the Minister in the notice given in
accordance with Article 24(8) when it shall take effect on that later
date.
26 Power
to require information
(1) The
Minister may take the action referred to in this Article –
(a) to
investigate an alleged offence under this Part; or
(b) in
the exercise of a function under this Part.
(2) The
Minister may, by notice in writing, require a person to produce to the Minister,
or to a person appointed by the Minister, a document specified or described in
the notice that is in the custody, or under the control, of that person.
(3) The
notice may specify the time, manner and form in which the document is to be
produced.
(4) The
Minister may, by notice in writing, require a person carrying on a business to
furnish to the Minister, and have verified, an estimate, return or other
information specified or described in the notice.
(5) The
notice may specify the time, manner and form in which the estimate, return or
information is to be furnished and verified.
(6) The
Minister may –
(a) keep
a document produced under paragraph (2) for a reasonable time; and
(b) take
copies of the document.
(7) A
person cannot be compelled for a purpose referred to in paragraph (1) –
(a) to
produce a document that the person cannot be compelled to produce in
proceedings before the Royal Court; or
(b) to
give information that the person cannot be compelled to give in evidence in
proceedings before the Royal Court.
(8) A
person who refuses or, without reasonable excuse, fails to comply with the
requirements of a notice under paragraph (2) or (4) shall be guilty of an
offence and liable to a fine not exceeding level 3 on the standard scale.
(9) A
person who intentionally alters, suppresses or destroys a document that is the
subject of a notice under paragraph (2) or (4) shall be guilty of an
offence and liable to imprisonment for a term not exceeding 5 years or to a fine,
or both.
(10) If
a person fails to comply with the requirements of a notice under paragraph (2)
or (4) the Royal Court may, on application by the Minister, make an order
requiring compliance, and the order may provide that the costs of, and
incidental to, the application shall be paid by the person who failed to comply
with the notice.
27 Register
(1) The
Minister shall keep a register in which the Minister shall enter details of –
(a) each
omnibus licence he or she grants;
(b) any
modification of the conditions of any such licence;
(c) any
direction he or she gives under Article 23.
(2) The
register shall be open for inspection by the public during usual office hours.
PART 5
AUTHORITY TO DRIVE PUBLIC
SERVICE VEHICLES
28 Authority
to drive public service vehicles
(1) A
person must not –
(a) drive
a public service vehicle on a road unless the person is the holder of a badge
that authorizes the person to drive public service vehicles of the type being
driven; or
(b) employ
a person to drive a public service vehicle on a road unless the person is the
holder of a badge that authorizes the person to drive public service vehicles
of the type the person is employed to drive.
(2) A
person who contravenes a provision of paragraph (1) shall be guilty of an
offence and is liable to a fine not exceeding level 3 on the standard scale.
(3) Paragraph (1)
does not apply to a person who drives or employs a person to drive a public
service vehicle to test it, or to deliver it for or following maintenance or
repair.
(4) Paragraph (1)
does not apply to a person who drives a public service vehicle to be instructed
in its use or to undergo a prescribed test under the Road
Traffic (Jersey) Law 1956.
(5) Paragraph (1)
does not apply to a Police Officer or a person acting under the direction of a
Police Officer who drives a public service vehicle to remove it from a road or
to move it to another position on that road or another road pursuant to Article 2
of the Road
Traffic (Removal of Vehicles) (Jersey) Order 1963.
(6) Paragraph (1)
does not apply to a Police or Traffic Officer who drives a public service
vehicle in the course of inspecting it pursuant to Article 11 of this Law
or Article 117 of the Motor
Vehicles (Construction and Use) (Jersey) Order 1998.
(7) Paragraph (1)
does not apply to –
(a) a
Police or Traffic Officer;
(b) a
member of the States of Jersey Fire and Rescue Service or States of Jersey
Ambulance Service; or
(c) a person
acting under the direction of a Police Officer,
who drives a public
service vehicle in an emergency.
(8) Paragraph (1)
does not apply to the driver of a vehicle recovery vehicle who drives a public
service vehicle in the course of recovering the vehicle.
29 Issue
of badge to drive public service vehicles
(1) An
application for a badge to drive a public service vehicle must –
(a) be
made to the Inspector on a form provided or approved for the purpose by the
Inspector;
(b) specify
the type of public service vehicle in respect of which the application is made;
and
(c) be
accompanied by any fee prescribed by the Minister by Order.
(2) The
Inspector shall not issue a badge to drive a public service vehicle of the
specified type unless the applicant has satisfied the Inspector that the
applicant –
(a) has
attained the age of 21 years;
(b) is
fit (both as to health and as to character) to drive public service vehicles of
the specified type;
(c) is
capable of safely driving public service vehicles of the specified type; and
(d) has
an adequate knowledge of Jersey.
(3) A
badge to drive a public service vehicle shall be in a form approved by the
Inspector and shall specify the type of public service vehicle its holder is
authorized to drive.
(4) A
badge issued by the Inspector remains the property of the Minister.
30 Revocation
or suspension of authority given by a badge[22]
(1) The
Minister may, by written notice served on the holder of a badge, revoke or
suspend, either for a specified period or for an indefinite period, the
authority the badge gives the person to drive a public service vehicle if the Minister
is satisfied that, by reason of the person’s conduct, or a physical or
mental disability, the person is, either permanently or for the time being, not
a fit person to drive a public service vehicle of the type specified on the
badge.
(2) If
the Minister revokes or suspends the authority given by a badge the holder of
the badge must return the badge to the Minister as soon as practicable.
(3) A
person who fails to comply with paragraph (2) shall be guilty of an
offence and is liable to a fine not exceeding level 3 on the standard
scale.
(4) The
holder of a badge may appeal to the Royal Court against a decision by the Minister
to revoke or suspend the authority given by the badge.
(5) Notice
of the appeal must be lodged with the Royal Court within 29 days of notice of
the revocation or suspension being given to the holder of the badge or within
such further period as the Court may allow if it considers it desirable to do
so in the interests of justice.
(6) When
it determines an appeal the Royal Court may –
(a) annul
or confirm the decision of the Minister; or
(b) substitute
for that decision any decision the Minister could have made.
(7) The
Royal Court may make such orders as it thinks appropriate, including ancillary
orders and orders as to costs.
(8) The
Minister must return the badge if the Royal Court annuls the decision of the Minister.
(9) It
must also return the badge at the end of any period of suspension of the
authority given by the badge.
(10) The
revocation of the authority given by a badge does not prejudice the right of
the former holder of the badge to apply at any time for a badge in respect of
any type of public service vehicle.
31 Badge
to be worn
(1) The
holder of a badge must wear the badge in a conspicuous position so that it is
easily legible when driving a public service vehicle.
(2) The
holder of a badge must report any loss or destruction of the badge to the
Inspector as soon as practicable.
(3) A
person who contravenes a provision of this Article shall be guilty of an
offence and is liable to a fine not exceeding level 3 on the standard scale.
32 Duration
of authority given by badge
A badge authorizes its
holder to drive public service vehicles of the type specified on the badge for one
year from the date of its issue.
33 Appeal
against refusal to issue badge[23]
(1) If
the Inspector refuses to issue a badge the applicant may, within 29 days
of being informed of the refusal, apply to the Minister for an order requiring
the Inspector to issue the badge requested.
(2) If
the Minister refuses to give an order under paragraph (1) the person
requesting the order may apply to the Royal Court for an order requiring the
Inspector to issue the badge requested.
(3) Notice
of the application must be lodged with the Royal Court within 29 days of
notice of the refusal by the Minister being given to the person or within such
further period as the Court may allow if it considers it desirable to do so in
the interests of justice.
(4) When
it determines an application the Royal Court may –
(a) confirm
the decision of the Minister not to require the Inspector to issue the badge;
or
(b) order
the Inspector to issue the badge.
(5) The
Royal Court may make such orders as it thinks appropriate, including ancillary
orders and orders as to costs.
(6) The
Inspector shall comply with an order given under paragraph (1) or (4)(b).
PART 6
MISCELLANEOUS – PUBLIC SERVICE VEHICLES
34 Fatigue
(1) The
Minister may by Order prescribe the periods of time during which –
(a) a person
may drive a public service vehicle; or
(b) an
employer may require or permit an employee to drive a public service vehicle.
(2) Different
periods may be prescribed with respect to different types of public service
vehicles.
35 Licences
or badges to be produced
(1) The
holder of a public service vehicle licence, an omnibus service licence or a
badge shall produce the licence or badge for examination on being required to
do so by a Police or Traffic Officer.
(2) Paragraph (1)
shall be taken to have been complied with if within 24 hours after the
production of the licence or badge was required it is produced to a Police or
Traffic Officer at a place notified to the holder of the licence or badge at
the time its production was required.
(3) A
person who fails to comply with paragraph (1) shall be guilty of an
offence and liable to a fine not exceeding level 2 on the standard scale.
36 Notice
given of certain events
(1) This
Article applies if notice has been given to the Minister of –
(a) the
death of;
(b) the
appointment of a delegate in relation to; or
(c) the
appointment of a General Attorney (Procureur-Général)
by,
a person who is the holder
of a public service vehicle licence or an omnibus service licence.[24]
(2) If
an application for a new licence is made within 14 days of the death or
appointment, then –
(a) the
executor or other legal representative;
(b) the delegate;
or
(c) the
General Attorney,
as the case may be, of the
holder of the licence shall be taken to be the holder of the licence as from
the date of the death or appointment. for such period as is necessary to enable
the application to be dealt with.[25]
(3) That
period shall not extend beyond the date on which the licence would have expired
if its holder had not died or if no appointment had been made, and shall
terminate immediately upon the grant or refusal of the new application.
(4) [26]
37 Provisions
in respect of public service vehicles generally[27]
(1) The
Minister may by Order make provisions –
(a) as to
the conduct of passengers in public service vehicles; and
(b) as to
the conduct of the holders of badges when driving or in charge of public service
vehicles.
(2) Any
Minister may establish stands for public service vehicles of any class or description
on property under his or her administration.
(3) The
Minister may, with the approval of the Connétable of the parish,
establish stands for public service vehicles of any class or description on
property under the administration of the parish.
(4) The
Minister may publish for the guidance of owners and drivers of public service
vehicles codes of conduct relating to the operation of public service vehicles.
(5) It
shall not be an offence for a person to fail to comply with a provision of a
code of conduct but any non-compliance shall be taken into account by the Minister
when considering the possible revocation, suspension or renewal of a public
service vehicle licence or a badge.
38 Minister
to ensure adequate cab service[28]
(1) It
is the duty of the Minister to prescribe by Order such matters as it is
necessary or convenient to prescribe to ensure that, insofar as it is
practicable to do so, there is an adequate, efficient and reasonably priced cab
service available throughout Jersey at all times.
(2) The
Minister may, in particular, prescribe –
(a) the
fares and charges payable for the hire of cabs;
(b) the
design and type of vehicles that may or may not be used as cabs;
(c) the
manner in which drivers of cabs must or must not be dressed;
(d) the
equipment that must be provided in cabs, including communication equipment and
meters, and the manner in which the equipment or meters must or must not be
operated;
(e) the
signs, advertisements and other material that must or must not, or may be
displayed on or in cabs and the manner in which it must or must not, or may be
displayed;
(f) the
places where and the manner in which cabs may or may not wait or ply for hire;
(g) the
cabs that may or may not use any particular stand established by a Minister in
accordance with Article 37 for use by cabs, and the manner and conditions of
that use.
(3) An
Order made under paragraph (1) may provide for a matter specified in the Order
to be determined by the Minister or by a person appointed by the Minister.
39 Contract
for conveyance in public service vehicles
A contract for the
conveyance of a passenger in a public service vehicle is void in so far as it –
(a) purports
to negate or restrict the liability of a person in respect of a claim that may
be made against that person in respect of the death of, or bodily injury to the
passenger while being carried in, entering or alighting from the vehicle; or
(b) purports
to impose a condition with respect to the enforcement of any such liability.
PART 7
GENERAL PROVISIONS
40 False
information and misuse of licence
(1) A
person who knowingly or recklessly provides a person entitled to information
under this Law with information that is false or misleading in a material
particular shall be guilty of an offence if the information is
provided –
(a) in
purported compliance with a requirement imposed under this Law; or
(b) in
connection with an application under this Law.
(2) A
person shall be guilty of an offence if, with intent to deceive, the person –
(a) forges
or alters or uses or lends to or allows to be used by any other person a
licence under this Law or a badge; or
(b) makes
or has in the person’s possession a document or item so closely
resembling such a licence or badge as to be calculated to deceive.
(3) A
person who is guilty of an offence under paragraph (1) or (2) shall
be liable to imprisonment for a term not exceeding 5 years or a fine, or both.
41 General
provisions as to offences
(1) If
an offence under this Law committed by a limited liability partnership or body
corporate 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 body corporate; or
(b) any person
purporting to act in any such capacity,
the person shall also be
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)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
(3) A
person who aids, abets, counsels or procures the commission of an offence under
this Law shall also be guilty of the offence and liable in the same manner as a
principal offender to the penalty provided for that offence.
(4) An
offence may be committed under this Law whether or not the act or omission that
constitutes the offence, or is an ingredient of the offence, causes any
interruption to, or prevention of, the provision of an omnibus service.
42 Limit
on disclosure in general
(1) A
person shall not disclose information with respect to a person or business
during the lifetime of that person or so long as that business continues,
without the consent of that person or the person for the time being carrying on
that business, if the information –
(a) has
been obtained under this Law; and
(b) relates
to the private affairs of the person or to the business.
(2) A
person who discloses information in contravention of this Article shall be
guilty of an offence and liable to imprisonment for a term not exceeding 2
years or to a fine, or both.
(3) Paragraph (1)
shall not apply to the disclosure of information –
(a) to
facilitate the performance by the Minister of his or her functions under this Law;
(b) to
enable the holder of an omnibus service licence to run an omnibus service in
compliance with the licence;
(c) in
connection with the investigation of a criminal offence or for the purposes of
criminal proceedings, or generally in the interests of the prevention or
detection of crime, whether in Jersey or elsewhere;
(d) for
the purposes of civil proceedings arising under this Law;
(e) to
comply with a direction of the Court;
(f) to
enable or assist the Jersey Financial Services Commission or the Chief Minister
to exercise a power relating to companies or financial services of any kind,
being a power conferred by an enactment;
(g) to
enable or assist an inspector appointed under the Companies
(Jersey) Law 1991 to carry out the
inspector’s functions;
(h) to
enable or assist the Viscount to carry out the Viscount’s functions under
the Bankruptcy
(Désastre) (Jersey) Law 1990;
(i) to
facilitate the carrying out by any person of the person’s functions under
the Health
and Safety at Work (Jersey) Law 1989;
or
(j) for
such other purposes as the States may by Regulations prescribe.[29]
(4) The
States may, by Regulations, modify paragraph (3)(a) – (i).
43 Entry
and search of premises
(1) If,
on application made by a Police Officer supported by information on oath, the
Bailiff, a Jurat or a Magistrate is satisfied that there are reasonable grounds
for believing that an offence under Article 6 or 15 has been, or is being,
committed and that there is evidence of the commission of the offence to be
found on premises specified in the application the Bailiff, Jurat or Magistrate
may issue a warrant authorizing a Police Officer to enter and search the
premises within one month of the date of the issue of the warrant.
(2) The
warrant may, but need not, authorize the Officer to use such force as is reasonably
necessary to make that entry.
(3) A
Police Officer who enters premises by authority under this Article –
(a) may,
if so authorized by a warrant under this Article, use such force as is
reasonably necessary to make that entry;
(b) may
take with the Officer such other persons as may be necessary;
(c) shall,
if a person on the premises so requires, show proof of the Officer’s
authority as such an Officer and show the warrant authorizing the entry; and
(d) on
leaving unoccupied premises so entered, shall leave them as effectively secured
against trespassers as the Officer found them.
(4) A
person who obstructs a Police Officer in the execution of a warrant issued
under this Article commits an offence and is liable to a term of imprisonment
not exceeding 6 months or a fine not exceeding level 3 on the standard scale,
or both.
44 Limitation
of civil liability
(1) A
person or body to whom this Article applies shall not be liable in damages for
anything done or omitted in the discharge or purported discharge of a function
under this Law unless it is shown that the act or omission was in bad faith.
(2) This
Article applies to –
(a) the
States;
(b) the Minister;
(c)
(d) a person
who is, or is acting as, an officer, employee or agent of either of the Minister
or performing a duty or exercising a power on behalf of the Minister; and
(e) a
Traffic Officer.
(3) A
person is not entitled to claim or to receive compensation in respect of a
change in the value of a licence, badge, or approval, or of a right arising
under this Law, being a change resulting from the modification of a licence
condition, the revocation or suspension of a licence, badge or approval or
otherwise resulting directly or indirectly from the exercise of a function
under this Law.
(4) Paragraph (3)
is included for the avoidance of doubt and does not limit the operation of paragraph (1).
45 Service
of notices etc.
(1) A
notice required by this Law or any licence granted under this Law to be given
to the Minister shall not be regarded as so given until the notice is in fact
received by the Minister.
(2) A
notice or other document required or authorized under this Law to be given to the
Minister may be given by facsimile, other electronic transmission, or by any
other means by which the Minister may obtain or recreate the notice or document
in a form legible to the naked eye.
(3) A
notice, direction or other document required or authorized by or under this Law
to be given to or served on a person other than the Minister may be given or
served on the person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address;
(c) by
sending it by post to the person at that address; or
(d) by
sending it to the person at that address by facsimile, other electronic
transmission, or by any other means by which the person may obtain or recreate
the notice, direction or document in a form legible to the naked eye.
(4) Such
a notice, direction or other document may –
(a) be
given to or served on a company incorporated in Jersey by being delivered to
the company’s registered office; or
(b) be
given to or served on a partnership, company incorporated outside Jersey, or
unincorporated association in the manner set out in paragraph (5).
(5) That
manner is –
(a) by
being given to or served (in any case) on a person who is a principal person in
relation to the partnership, company incorporated outside Jersey, or
unincorporated association, or on its secretary, clerk or other similar officer
or a person who purports to act in any such capacity, by whatever name called,
or (in the case of a partnership) on the person having the control or
management of the partnership business; or
(b) by
being delivered to the registered or administrative office of such a person.
(6) For
the purposes of this Article and of Article 7 of the Interpretation
(Jersey) Law 1954, the proper address of a person to or on whom
a document is to be given or served by post shall be the person’s last
known address, except that –
(a) in
the case of a company (or person referred to in paragraph (5)(a) in
relation to a company incorporated outside Jersey) – it shall be the
address of the registered or principal office of the company in Jersey;
(b) in
the case of a partnership (or person referred to in paragraph (5)(a), or
who is a principal person, in relation to a partnership) – it shall
be the address of the principal office of the partnership in Jersey.
(7) If
the person to or on whom a notice, direction or other document referred to in paragraph (3)
is to be given or served has notified the Minister of an address within Jersey,
other than the person’s proper address within the meaning of paragraph (6),
as the one at which the person or someone on the person’s behalf will
accept documents of the same description as that document, that address shall
also be treated for the purposes of this Article and Article 7 of the Interpretation
(Jersey) Law 1954 as the person’s proper address.
(8) If
the name or the address of an owner, lessee or occupier of premises on whom a
notice, direction or other document referred to in paragraph (3) is to be
served cannot after reasonable enquiry be ascertained it may be served
by –
(a) addressing
it to the person on whom it is to be served by the description of
“owner”, “lessee” or “occupier” of the
premises;
(b) specifying
the premises on it; and
(c) delivering
it to some responsible person resident or appearing to be resident on the
premises or, if there is no person to whom it can be delivered, by affixing it,
or a copy of it, to some conspicuous part of the premises.
46 Regulations
and Orders
(1) The
Minister may by Order make provision for the purpose of carrying this Law into
effect and, in particular, for or with respect to any matter that may be
prescribed under this Law by Order of the Minister.
(2) The
States may by Regulations make provision for the purpose of carrying this Law
into effect and, in particular, for or with respect to any matter that may be
prescribed under this Law by Regulations.
(3) An
Order or Regulations made under this Law may –
(a) make
different provision in relation to different cases or circumstances;
(b) apply
in respect of particular persons or particular cases or particular classes of
persons or particular classes of cases, and define a class by reference to any
circumstances whatsoever; or
(c) contain
such transitional, consequential, incidental or supplementary provisions as
appear to the Minister making the Order or the States, as the case may be, to
be necessary or expedient for the purposes of the Order or Regulations.
(4) Regulations
and Orders made under this Law may create an offence punishable by a fine up to
level 3 on the standard scale.[30]
(5) [31]
(6) The
powers conferred on the States by the Order in Council of the 26th December, 1851,
to make Regulations relating to the police of the public roads, include a power
to amend any of the provisions of this Law.
47 Citation
This Law may be cited as
the Motor Traffic (Jersey) Law 1935.[32]