Motor Vehicle
Registration (General Provisions) (Jersey) Order 1993[1]
PART 1
PRELIMINARY
1 Interpretation[2]
In this Order, unless the
context otherwise requires –
“agricultural
tractor” means a motor vehicle which is –
(a) not constructed itself to carry any load,
other than water, fuel, accumulators and other equipment used for the purpose
of propulsion, loose tools and loose equipment;
(b) designed and used primarily for work in
connection with agriculture; and
(c) driven on a road only when proceeding to and
from the site of such work and which when so driven hauls nothing more than
land implements or an agricultural trailer;
“Directive”
means the Directive of the Council of the European Communities of 6th
February 1970 on the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their trailers (Council
Directive 70/156/EEC), as amended;
“electronic
communication” has the meaning given by Article 1(1) of the Electronic
Communications (Jersey) Law 2000;
“hire vehicle”
means a small passenger vehicle, minibus or motor cycle (as these terms are
defined by the Road
Traffic (Jersey) Law 1956) that is hired or available for
hire –
(a) from
a person carrying on a trade or business that is principally concerned with the
hiring of motor vehicles; and
(b) on
terms that provide for the hire vehicle to be driven by a person other than its
owner or the owner’s employee or agent for non-renewable periods of not
more than one month;
“Law” means
the Motor
Vehicle Registration (Jersey) Law 1993;
“LPV” means a
light passenger vehicle, being a motor vehicle designed and constructed for the
carriage of passengers and comprising no more than 8 seats in addition to the
driver’s seat;
“prescribed font”
means the style shown in Part 4 of Schedule 5 for characters
79 millimetres in height;
“restricted speed
agricultural tractor” has the same meaning as in paragraph 9 of Part 2
of Schedule 1 to the Customs and
Excise (Jersey) Law 1999;
“use”, in
relation to a motor vehicle, means use of the vehicle exclusively as a hire vehicle
or use other than such use.
PART 2
REGISTRATION
2 Register
of motor vehicles
The register of motor
vehicles to be compiled and maintained by the Inspector pursuant to Article 3
of the Law shall contain in respect of each registered motor vehicle, so far as
they may be applicable to a specific motor vehicle or type of motor vehicle,
the particulars contained in Schedule 1.
3 Requirements
for registration of motor vehicle
No motor vehicle shall be
registered under the Law unless there is compliance with the requirements for
registration contained in Schedule 2 so far as they may be applicable to
the motor vehicle or type of motor vehicle for which registration is sought.
4 Residence
of owner
The Inspector may refuse
to register a motor vehicle where he or she is not satisfied that the owner of
the vehicle is –
(a) an
individual permanently resident in Jersey; or
(b) a
corporation, wherever incorporated, carrying on an active business in Jersey
which requires the vehicle to be based and operated in Jersey for a period or
aggregate periods of not less than 185 days in each year.[3]
5 Application
for registration of motor vehicle[4]
(1) An
application for registration of a motor vehicle under the Law must
be –
(a) in
the form in Schedule 3; and
(b) accompanied
by –
(i) such documents as
may be necessary to prove compliance with Article 3,
(ii) evidence
that sufficient insurance in respect of third-party risks is in force in
relation to the use of the vehicle by the owner in the form of an insurance
policy number and the name of the insurer with which the policy is held,
(iii) a fee
of £34,
(iv) if
the owner is an individual, the number of the owner’s Jersey current
driving licence or such other evidence that is acceptable to the Inspector of
the owner’s identity, and
(v) evidence satisfactory
to the Inspector of the ownership of the vehicle.[5]
(2) An
application for registration of a motor vehicle referred to in paragraph (1)
may be delivered to the Inspector as an electronic communication in such manner
as the Inspector approves.
6 Registration
document
(1) A
registration document shall be in the form in Schedule 4 and shall contain
such of the particulars relating to the motor vehicle in respect of which it is
issued as shall at the time of issue of the document be –
(a) recorded
in the register of motor vehicles in respect of the vehicle; and
(b) required
for the proper completion of the document.
(1A) At
the Inspector’s discretion, a registration document may be issued as an
electronic communication.[6]
(2) Where,
by virtue of Article 4(2) of the Law, the registration document for a
motor vehicle is a registration book issued under the Road Vehicles
(Registration Books) (Jersey) Order 1957 or 1962 –
(a) the
Inspector may at any time, by way of replacement of the registration book,
issue to the owner of the vehicle free of charge a registration document in
respect of the vehicle in the form in Schedule 4 and upon receiving it the
owner shall forthwith deliver the registration book to the Inspector who shall
cancel it;
(b) in
any case where, if a registration document in the form in Schedule 4 had
been issued in respect of the vehicle –
(i) Article 7, 8
or 9 would be applicable, the owner of the vehicle, or
(ii) Article 10
would be applicable, the owner of the vehicle who is selling or otherwise
transferring it,
shall first deliver the
registration book to the Inspector and request the issue of a registration
document in respect of the vehicle in the form in Schedule 4, whereupon
the Inspector shall issue to the owner free of charge a registration document
in that form and cancel the registration book, and the Inspector shall then be
notified of the matter requiring notification under Article 7, 8, 9 or 10
in accordance with the relevant Article.
(3) If
the Inspector requires the owner of a vehicle to destroy a registration
document which the Inspector has cancelled under Article 5(6) of the Law,
the owner must comply with that requirement.[7]
7 Alteration
of registered motor vehicle or its use[8]
(1) Not
later than 7 days after the making of an alteration to a registered motor
vehicle or its use which renders any of the particulars of the vehicle
contained in part A of the registration document last issued in respect of
the vehicle no longer correct, the owner of the vehicle shall –
(a) complete
section 3 of part A of the document by inserting particulars of the
alteration made to the vehicle or its use;
(b) make
the declaration contained in section 4 of part A of the document in the
form in Schedule 4 or such declaration as is required if the form is
delivered as an electronic communication;
(c) deliver
the document to the Inspector.[9]
(2) Subject
to paragraph (3), the owner may deliver the completed document referred to
in paragraph (1) as an electronic communication in such manner as the
Inspector approves.[10]
(3) If
the registration document was issued as an electronic communication, the owner
must, where reasonably possible, deliver it to the Inspector as an electronic
communication in such manner as the Inspector approves.[11]
8 Change
of address or name of owner of registered motor vehicle[12]
(1) The
owner of a registered motor vehicle who changes the owner’s address or
name from that contained in part A of the registration document last
issued in respect of the vehicle shall not later than 7 days after the
change –
(a) complete
section 1 of part A of the document by inserting the owner’s
new address or name;
(b) make
the declaration contained in section 4 of part A of the document in
the form in Schedule 4 or such declaration as is required if the form is
delivered as an electronic communication;
(c) deliver
the document to the Inspector.[13]
(2) Subject
to paragraph (3), the owner may deliver the completed document referred to
in paragraph (1) as an electronic communication in such manner as the
Inspector approves.[14]
(3) If
a registration document has been issued as an electronic communication, the
completed registration document referred to in paragraph (1) must, where
reasonably possible, be delivered to the Inspector as an electronic
communication in such manner as the Inspector approves.[15]
9 Permanent
removal from Jersey, breaking up or destruction
of registered motor vehicle
(1) Not
later than 7 days after the permanent removal from Jersey,
breaking up or destruction of a registered motor vehicle, the owner of the
vehicle shall –
(a) complete
section 2 of part A of the registration document last issued in
respect of the vehicle;
(b) make
the declaration contained in section 4 of part A of the document in
the form in Schedule 4 or such declaration as is required if the form is
delivered as an electronic communication;
(c) deliver
the document to the Inspector.[16]
(2) Subject
to paragraph (3), the owner may deliver the completed document referred to
in paragraph (1) as an electronic communication in such manner as the
Inspector approves.[17]
(3) If
a registration document has been issued as an electronic communication, the
completed registration document referred to in paragraph (1) must, where
reasonably possible, be delivered to the Inspector as an electronic
communication in such manner as the Inspector approves.[18]
10 Change
of ownership of registered motor vehicle
(1) Not
later than 7 days after a change of ownership of a registered motor
vehicle –
(a) the
owner of the vehicle selling or otherwise transferring the vehicle and the
person to whom the vehicle is sold or transferred shall complete parts A and B
of the registration document last issued in respect of the vehicle
by –
(i) inserting the
particulars required for their proper completion, and
(ii) making
the declarations required of them respectively contained in section 4 of the
document in the form in Schedule 4 or such declarations as are required of
them if the form is delivered as an electronic communication;
(b) the
owner selling or transferring the vehicle shall deliver the completed
part B of the document to the Inspector; and
(c) the
buyer or transferee shall deliver the completed part A of the document to
the Inspector.[19]
(2) Subject
to paragraph (3), the completed document referred to in paragraph (1)
may be delivered as an electronic communication in such manner as the Inspector
approves.[20]
(3) If
a registration document has been issued as an electronic communication, both
the completed parts referred to paragraph (1) must, where reasonably
possible, be delivered to the Inspector as an electronic communication in such
manner as the Inspector approves.[21]
11 Insurance
write off of registered motor vehicle[22]
(1) Not
later than 7 days after a registered motor vehicle is the subject of an
insurance write off, the insurer shall notify the Inspector of that fact in
accordance with paragraph (2).
(2) The
notice required under paragraph (1) shall be in writing and, in relation
to the vehicle, state –
(a) its
owner’s name and address in Jersey;
(b) its
manufacturer;
(c) its
manufacturer’s model description;
(d) its
chassis or frame number;
(e) its
registration mark;
(f) the
date on which the damage resulting in the insurance write off occurred;
(g) the
nature of the damage resulting in the insurance write off;
(h) the
estimated cost of repairing the damage resulting in the insurance write off;
(i) the
estimated value of the vehicle when repaired.
12 Further
information
(1) Where
the Inspector has been notified pursuant to Article 7, 8, 9 or 10 of an
alteration, permanent removal from Jersey, breaking up, destruction or change
of ownership of a registered motor vehicle or the change of address or name of
its owner, or has received an application under any of paragraphs 2(1),
3(2)(b), 4(1) and 4(2) of Schedule 4A, the owner, the other person
mentioned in paragraph 4(2) of that Schedule, or in the case of a change
of ownership the previous and new owners or either of them, of the vehicle,
upon receiving a request by the Inspector in writing for further information,
shall forthwith furnish the Inspector with such information as it is in the
owner’s or their power to give or with reasonable diligence to ascertain.[23]
(2) Where
the Inspector has been notified pursuant to Article 11 of the insurance
write off of a registered motor vehicle, the insurer giving such notice, or the
owner of the vehicle, upon receiving a request by the Inspector in writing for
further information, shall forthwith furnish the Inspector with such
information as it is in his or her power to give or with reasonable diligence
to ascertain.[24]
13 Verification
of particulars and cancellation following non-response[25]
(1) In
this Article –
(a) “initial
notice” means a notice given by the Inspector under paragraph (2);
(b) “recorded
registered owner” means the person recorded in the register as the owner
of a registered motor vehicle.
(2) The
Inspector may, by written notice to a recorded registered owner at the most
recent address notified by the owner to the Inspector, require the owner within
14 days after the date of the notice to notify the Inspector in writing as
to any or all of the following matters in respect of a vehicle of which the
person is recorded as the owner –
(a) whether
the vehicle is still in existence;
(b) whether
the vehicle is permanently removed from Jersey;
(c) whether
any alteration has been made to the vehicle or to its use which renders any of
the particulars contained in the registration document last issued in respect
of the vehicle no longer applicable;
(d) whether
there has been a change of ownership of the vehicle from that recorded in the
registration document last issued in respect of the vehicle;
(e) the
present address of the recorded registered owner.
(3) If,
14 days after the initial notice, the Inspector has not received any of
the information specified in that notice, the Inspector may make such further
investigation or inquiry, if any, that the Inspector considers appropriate for
the purpose of obtaining that information.
(4) If
the Inspector has not received any of the information specified in the initial
notice by such time that the Inspector considers reasonable, but in any event
no earlier than the date that is 3 months following the date of the
initial notice, the Inspector must publish in the Jersey Gazette and, if the
Inspector considers appropriate, a newspaper which is circulating in Jersey, a
further notice in accordance with paragraph (5).
(5) The
further notice must –
(a) specify
the make, model number and registration mark of the vehicle referred to in the
initial notice;
(b) require
the recorded registered owner of the vehicle to contact the Inspector within
one month of the date of the further notice; and
(c) state
that if the Inspector is not contacted by the recorded registered owner of the
vehicle within the period specified in the further notice, the registration of
the vehicle may be cancelled.
(6) The
Inspector may assume that the vehicle referred to in the initial notice has
been permanently removed from Jersey, broken up or destroyed if –
(a) 12 months
or more have elapsed since the date of the initial notice; and
(b) the
Inspector has not received any of the information (from any source) specified
in the initial notice.
(7) If
the Inspector makes an assumption under paragraph (6), the Inspector must,
unless exceptional circumstances apply, cancel the registration of the vehicle
referred to in the initial notice and make an entry to that effect on the
register.
14 Inspection
of motor vehicle[26]
(1) This
Article applies if the Inspector –
(a) receives –
(i) an application
for the registration of a motor vehicle under Article 5,
(ii) an
application for the withdrawal of a registration mark from a registered motor
vehicle under paragraph 2 of Schedule 4A,
(iii) an
application for the assignment of a particular registration mark to a
registered motor vehicle under paragraph 3 of Schedule 4A,
(iv) a registration
document under Article 7, or a notification under Article 13, in
respect of an alteration of a registered motor vehicle, or
(v) a notification under
Article 11 in respect of an insurance write off of a registered motor
vehicle;
(b) considers
inspection of a registered motor vehicle to be necessary in order to confirm a
notification made under Article 13(a), (b) or (c); or
(c) has,
at any time, any reason to believe that a registered motor vehicle –
(i) may have been
broken up or destroyed, or otherwise no longer exists, or
(ii) may
have been permanently removed from Jersey.
(2) The
Inspector may, on giving not less than 7 days notice in writing to the
relevant person, require that person to produce the vehicle at a specified time
and place for inspection.
(3) The
relevant person for the purpose of paragraph (2) is –
(a) the
person recorded in the register as the owner of the vehicle; or
(b) if
paragraph (1)(a)(i) applies, the person applying for registration of the
vehicle.
15 Amendment
of the register[27]
(1) Subject
to paragraphs (6), (7) and (8), this Article applies where it appears to
the Inspector that –
(a) any
particulars that have been entered in the register are, or may be, incorrect or
incomplete; or
(b) by
error, an entry has been, or may have been, made in or omitted from the
register.
(2) Where
this Article applies, the Inspector must, by written notice to the person
recorded in the register as the owner of the registered motor vehicle concerned
at the most recent address notified by that person to the Inspector, serve
notice on that person –
(a) specifying
the particulars or entry in question; and
(b) requiring
the person, within a period of 14 days after the date of the notice, to produce
to the Inspector evidence of the relevant facts.
(3) After
the production to the Inspector by or on behalf of the person served of
evidence or upon the expiration of the period of 14 days after the service
of the notice, whichever occurs first, and after making any further
investigation or inquiry which the Inspector considers necessary or desirable,
the Inspector must –
(a) determine
whether to amend the register and, if so, the nature of the amendment; and
(b) serve
a further notice on the person previously served, informing that person of the
Inspector’s determination.
(4) If
the Inspector determines to amend the register, the Inspector must –
(a) amend
it; and
(b) issue
to the person recorded in the register, as amended, as the owner of the motor
vehicle, a registration document in respect of the motor vehicle reflecting
that amendment.
(5) If
the Inspector has reason to believe that the motor vehicle, or a share in it,
may have been sold or otherwise transferred to another person, the Inspector
may, in addition to serving notice on the person recorded in the register as
the owner, serve notice on that other person as if paragraphs (2) and (3)
applied to that other person in the same manner as the person recorded in the
register as the owner.
(6) This
Article does not apply at any time when the Inspector is taking, or may take,
action under any of paragraphs (3) to (7) of Article 13.
(7) If
at any time, following an initial notice under Article 13, the Inspector
receives any information specified in that notice and it appears to the
Inspector that any of the circumstances in paragraph (1)(a) or (b) of this
Article apply, the Inspector may –
(a) take
such steps as the Inspector considers necessary or desirable for the purpose of
determining whether to amend the register; and
(b) comply
with the requirements of paragraphs (2) to (5) to the extent the Inspector
thinks appropriate.
(8) Notwithstanding
anything to the contrary in this Article, where any particulars entered in the
register contain a clerical error of such a nature that, in the opinion of the
Inspector, the owner of the motor vehicle concerned or any other person will
not be prejudiced by its correction, the Inspector may, without giving notice,
summarily correct the error.
16 Cancellation
and replacement of registration document[28]
(1) Subject
to paragraphs (6) and (7), this Article applies where it appears to the
Inspector that any particulars recorded in the registration document last
issued in respect of a registered motor vehicle are, or may be, incorrect or
incomplete.
(2) Where
this paragraph applies, the Inspector must, by written notice to the person
recorded in the register as the owner of the registered motor vehicle concerned
at the most recent address notified by the person to the Inspector, serve
notice on that person –
(a) specifying
the particulars in question, and
(b) requiring
the person, within a period of 14 days after the date of the notice, to
produce to the Inspector evidence of the relevant facts.
(3) After
the production to the Inspector by or on behalf of the person served of evidence
or upon the expiration of the period of 14 days after the service of the
notice, whichever occurs first, and after making any further investigation or
inquiry which the Inspector considers necessary or desirable, the Inspector
must –
(a) determine
whether to cancel the registration document; and
(b) serve
a further notice on the person previously served, informing that person of the
Inspector’s determination.
(4) If
the Inspector determines to cancel the registration document, the Inspector
must, if another person is recorded in the register as the owner of the motor
vehicle, issue to that person a registration document in respect of the motor
vehicle in place of the one cancelled.
(5) If
the Inspector has reason to believe that the motor vehicle, or a share in it,
may have been sold or otherwise transferred to another person, the Inspector
may, in addition to serving notice on the person recorded in the register as
the owner, serve notice on that other person as if paragraphs (2) and (3)
applied to that other person.
(6) This
Article does not apply at any time when the Inspector is taking, or may take,
action under any of paragraphs (3) to (7) of Article 13.
(7) If,
at any time, following an initial notice under Article 13, the Inspector
receives any information specified in that notice and it appears to the
Inspector that the circumstances in paragraph (1) of this Article apply,
the Inspector may take such steps as the Inspector considers necessary or
desirable for the purpose of determining whether to cancel the registration
document and may comply with the requirements of this Article to the extent
that the Inspector thinks is appropriate.
(8) Notwithstanding
anything to the contrary in this Article, where any particulars contained in
the registration document last issued in respect of a motor vehicle include a
clerical error of such a nature that, in the opinion of the Inspector, the
owner of the motor vehicle concerned or any other person will not be prejudiced
by its correction, the Inspector may, without giving notice, summarily cancel
the registration document and issue a new registration document in its place.
17 Replacement
of registration document
(1) If
the last registration document issued in respect of a registered motor vehicle
has been lost, stolen, destroyed, mutilated, accidentally defaced or become
illegible, the owner of the vehicle may apply to the Inspector for the issue of
a duplicate document and upon the Inspector being satisfied as to the loss,
theft, destruction, mutilation, defacement or illegibility and, except in the
case of loss, theft or destruction, on the surrender of the document, the
Inspector shall issue a duplicate document upon payment of a fee of £18:
Provided that where, by
virtue of Article 4(2) of the Law, the registration document for a motor
vehicle is a registration book issued under the Road Vehicles (Registration
Books) (Jersey) Order 1957 or 1962, the owner may in the like
circumstances apply to the Inspector for the issue of a registration document
in the form in Schedule 4 and upon the Inspector being satisfied as
aforesaid and, except in the case of loss, theft or destruction, on the
surrender of the registration book, the Inspector shall issue a registration
document in that form upon the like payment.[29]
(2) Where,
pursuant to paragraph (1), a registration document has been issued in
replacement of an original registration document or registration book and the
original document or book is found or recovered, the original document or book
shall forthwith be delivered to the Inspector who shall cancel it.
18 Production
and inspection of registration document
(1) The
owner of a registered motor vehicle shall produce the registration document
last issued in respect of the vehicle for inspection if the owner is at any
reasonable time required to do so by the Inspector or a police officer or
traffic officer.
(2) No
person other than a person acting on behalf of the Inspector shall deface,
mutilate or destroy any registration document or alter or obliterate any entry
made in it or make any entry in or addition to a registration document.
19 Supply
of registration particulars
(1) Upon
request made by the Attorney General, a police officer or an officer of an
administration of the States for which the Minister is responsible, the
Inspector shall supply free of charge such particulars contained in the
register as may be requested.[30]
(2) Upon
request made by a person who satisfies the Inspector that the person has
reasonable cause for the request and upon payment of £10.50, the
Inspector shall supply –
(a) the
name and address of the person recorded in the register as the owner of a
registered motor vehicle; and
(b) such
other particulars recorded in the register as are, in the opinion of the
Inspector, relevant to the circumstances constituting the reasonable cause for
the request.[31]
PART 3
REGISTRATION MARKS
20 Assignment
of registration marks[32]
(1) The
registration mark to be assigned to a registered motor vehicle for the purposes
of Article 4(1)(g) of the Law shall consist of a combination of the
following letters and numbers in the following sequence –
(a) in
the case only of a vehicle that is to be used exclusively as a hire vehicle, a
distinguishing mark being the letter ‘H’;
(b) an
index mark, being the letter ‘J’ or another letter, combination of
letters or symbol approved by the Inspector; and
(c) a
number that has been assigned or caused to be assigned to the vehicle by the
Inspector,
and the registration mark
so assigned shall, subject to Article 4(3) of the Law, be unique to the
vehicle.
(2) The
letter ‘H’ referred to in paragraph (1)(a) must
be –
(a) in
the form specified in Part 5 of Schedule 5; or
(b) where
paragraph 9B(6) of Schedule 5 applies, in the form specified in Part 5 of
Schedule 5 as modified by paragraph 9B(6) of Schedule 5.[33]
(3) Except
as provided in paragraph (2)(b), Parts 3 and 4 of Schedule 5 do
not apply to the letter ‘H’ referred to in paragraph (1)(a).[34]
21 Registration
marks assigned under former Laws
In the case of a motor
vehicle in existence immediately before the coming into force of Article 4
of the Law to which a registration mark had been assigned under any former Law
and remained the registration mark of the vehicle immediately before the coming
into force of Article 4 of the Law, that registration mark shall be deemed
to have been assigned to the vehicle pursuant to Article 20 of this Order.
22 Withdrawal
and assignment of particular registration marks[35]
Schedule 4A has effect in relation to the withdrawal of
registration marks and to the assignment of particular registration marks.
23 Display
of registration marks
The registration mark
assigned to a registered motor vehicle and required to be fixed on the vehicle
by virtue of Article 6 of the Law shall be displayed in accordance with
Schedule 5.
PART 4
TRADE LICENCES
24 Application
for trade licence[36]
(1) For
the purposes of Articles 8(2) and 8(6) of the Law –
(a) the
form prescribed for an application for the issue or renewal of a trade licence
is the form in Schedule 6 completed by the insertion of the particulars
required for its proper completion and signed by the person applying for the
issue or renewal; and
(b) the
fee prescribed for such an application is £41.50.[37]
(2) The
application referred to in paragraph (1) may be delivered to the Inspector
as an electronic communication in such manner as the Inspector approves.[38]
25 Issue
of trade licence and requirement for trade licence plates[39]
For the purposes of
Articles 8(2), 8(2A)(b) and 8(6) of the Law –
(a) the
Inspector shall not issue or renew the trade licence unless he or she is
satisfied that the person applying for the issue or renewal is a bona fide
motor trader;
(b) the
trade licence issued or renewed shall be in the form in Schedule 7
completed by the insertion of the particulars required for its proper
completion and signed by or on behalf of the Inspector; and
(c) the
trade licence plates that the motor trader is required to obtain shall consist
of 2 plates conforming with any specifications that the Minister may from
time to time direct, including one plate fitted with 2 holders, each
holder having a transparent cover and being suitable for the display of,
respectively –
(i) the
receipt for the fee paid on the issue or renewal of the trade licence, and
(ii) an
insurance disc issued under the Motor Traffic
(Third-Party Insurance) (Jersey) Law 1948.
26 Preservation
and surrender of trade licence plates[40]
(1) After
a motor trader has obtained trade licence plates under Article 8(2A)(b) of
the Law, the motor trader shall not cause or permit the plates to be altered in
any way.
(2) When
a trade licence ceases to be in force, the motor trader shall within
7 days surrender to the Inspector the trade licence plates obtained in
respect of that licence.
(3) The
display, under Article 27 of this Order, of a receipt and insurance disc,
is not to be treated as an alteration for the purpose of paragraph (1).
27 Fixing
and exhibition of trade licence plates, fee receipts and insurance discs
At all times when a
vehicle is in use or kept on a road by virtue of a trade licence –
(a) there
shall be fixed on the vehicle and exhibited in the manner prescribed in
Schedule 5 with respect to the fixing and exhibition of registration
marks –
(i) in
the case of a vehicle other than a motor cycle or moped, the trade licence
plates obtained under Article 8(2A)(b) of the Law, or
(ii) in
the case of a motor cycle or moped, one of the trade licence plates obtained
under Article 8(2A)(b) of the Law;
(b) the
receipt for the fee paid in respect of the trade licence for the calendar year
then current shall be displayed in a holder on the trade licence plate fixed on
the back of the vehicle; and
(c) where
the insurance disc issued and required to be displayed under the Motor Traffic
(Third-Party Insurance) (Jersey) Law 1948 is not otherwise displayed
in accordance with the provisions of the Motor Traffic
(Third-Party Insurance) (Jersey) Order 1961, it shall be displayed in
a holder on the trade licence plate fixed on the back of the vehicle.[41]
28 Change
of address of holder of trade licence
The holder of a trade
licence who changes his or her address shall not later than 7 days
following such change notify the Inspector in writing of his or her new
address.
29 Restrictions
on use of trade licences and trade licence plates
(1) No
person shall use or keep on a road by virtue of a trade licence a motor vehicle
other than a vehicle which –
(a) is
owned in the course of the person’s business as a motor trader by the
person holding the trade licence; and
(b) is
not registered in accordance with Article 4 of the Law.
(2) No
person other than –
(a) the
holder of the trade licence;
(b) a
bona fide employee of the holder of the trade licence and acting under the
holder’s authority;
(c) an
agent or franchisee of the holder of the trade licence acting under his
authority, or a bona fide employee of such an agent or franchisee acting under
such authority; or
(d) a
Traffic Officer appointed under Article 2 of the Motor Traffic
(Jersey) Law 1935 acting in the course of the Traffic Officer’s
duties,
shall use or keep on a
road a vehicle on which there is exhibited a trade licence plate, but nothing
in this Article shall operate to prevent a prospective purchaser or hirer of
the vehicle from testing or trying it on one or more occasions within a single
period of 72 hours.[42]
(3) No
person shall use on a road for the conveyance of passengers for profit or
reward a vehicle on which there is exhibited a trade licence.
30 Purposes
for which vehicles may be used by virtue of trade licences
Subject to Article 29,
the holder of a trade licence may use on a road by virtue of the trade licence
a motor vehicle with or without an attached trailer for any of the following
purposes –
(a) its
test or trial before, during or immediately after its construction or repair or
the fitting or alteration of a body on it;
(b) proceeding
directly to or from any place for its registration under the Law or its
inspection by or on behalf of the Inspector;
(c) its
test or trial at the instance of a prospective purchaser or hirer, including
proceeding directly to or from the place of the test or trial; or
(d) its
delivery where it proceeds directly –
(i) between
the premises of the holder of the trade licence and the premises of another
motor trader,
(ii) from
the premises of the holder of the trade licence to a place from which it is to
be transported by ship, aircraft, hovercraft or another vehicle,
(iii) from
a place to which it has been so transported to the premises of the holder of
the trade licence, or
(iv) between the
premises of the holder of the trade licence and a garage, auction room or other
place at which vehicles are usually or periodically stored or offered for sale
and at which it is to be or has been stored or offered for sale.
31 Replacement
of trade licences[43]
(1) If
a trade licence has been lost, stolen, destroyed, mutilated, accidentally
defaced or become illegible, the holder of the trade licence may apply to the
Inspector for the issue of a duplicate licence and upon the Inspector being
satisfied as to the loss, theft, destruction, mutilation, defacement or
illegibility and, except in the case of loss, theft or destruction, on the
surrender of the licence, the Inspector shall issue a duplicate licence upon
payment of a fee of £8.20.[44]
(2) Where
a duplicate trade licence has been issued in replacement of an original licence
and the original licence is found or recovered, the original shall forthwith be
delivered to the Inspector.
(3) If
a trade licence plate has been lost, stolen, destroyed, mutilated, accidentally
defaced or become illegible, the holder of the trade licence shall obtain a
duplicate plate.
32 Production
and inspection of trade licences and trade licence plates
(1) The
holder of a trade licence or a person using or keeping a vehicle on a road by
virtue of a trade licence shall produce the licence or trade licence plates for
inspection if he or she is at any reasonable time required to do so by the
Inspector or a police officer or traffic officer.
(2) No
person other than a person acting on behalf of the Inspector shall –
(a) deface,
mutilate or destroy any trade licence or trade licence plate;
(b) alter
or obliterate any entry made in a trade licence or make any entry in or
addition to it; or
(c) alter
or obliterate any letter, numeral or symbol on a trade licence plate or, except
as provided in Article 27, make any addition to it.
33 Supply
of trade licence particulars
(1) Upon
request made by the Attorney General, a police officer or an officer of an
administration of the States for which the Minister is responsible, the
Inspector shall supply free of charge such particulars relating to a trade
licence or trade licence plates as may be requested.[45]
(2) Upon
request made by a person who satisfies the Inspector that the person has
reasonable cause for his or her request and upon payment of £5.20,
the Inspector shall supply –
(a) the
name and address of the person recorded in the register as the assignee of a
trade licence mark; and
(b) such
other particulars as are, in the opinion of the Inspector, relevant to the
circumstances constituting the reasonable cause for the request.[46]
PART 5
MISCELLANEOUS
34 Citation
This Order may be cited
as the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993.
SCHEDULE
1[47]
(Article 2)
Particulars of motor
vehicles contained in the register
|
1.
|
owner’s name, address
and contact details in Jersey in Jersey
|
|
1A.
|
owner’s date of birth
|
|
2A.
|
owner’s driving licence
number, if delivered to the Inspector
|
|
2.
|
manufacturer
|
|
3.
|
manufacturer’s model
description
|
|
3A.
|
vehicle category
|
|
4.
|
particulars of type approval,
certificate of approval or certificate of exemption
|
|
5.
|
chassis or frame number
|
|
6.
|
engine number
|
|
7.
|
cubic capacity of engine
|
|
8.
|
engine fuel or power source
|
|
9.
|
body type
|
|
10.
|
seating capacity
|
|
11.
|
colour
|
|
12.
|
overall length
|
|
13.
|
overall width
|
|
14.
|
weight (maximum authorized)
|
|
15.
|
date of registration in Jersey
|
|
16.
|
whether previously registered in
Jersey or any other place or never registered
|
|
17.
|
details of registration in any
other place before registration in Jersey
|
|
18.
|
previous owners’ names and
addresses
|
|
19.
|
odometer reading at last
transfer and date
|
|
20.
|
registration mark and date of
its assignment
|
|
21.
|
previous registration marks and
dates of their assignment
|
|
22.
|
details of any insurance write
off
|
|
23.
|
whether or not the vehicle is to
be used exclusively as a hire vehicle
|
|
24.
|
CO2 emission rate
|
|
25.
|
whether or not the vehicle is a
restricted speed agricultural tractor
|
SCHEDULE 2[48]
(Article 3)
Requirements for
registration of a motor vehicle
1. Where
application is made for the registration under the Law of a motor vehicle which
is an agricultural tractor or a moped, light motorcycle, heavy motor cycle,
motor car or heavy motor car within the meaning of the Road Traffic
(Jersey) Law 1956, the Inspector shall, before registering the
vehicle, require the owner to produce –
(a) evidence satisfactory to the Inspector that
the vehicle conforms to the relevant type approval legislation of the United Kingdom;
(b) (where
the vehicle was manufactured in a Member State of the European Union other than
the United Kingdom) a certificate of conformity issued pursuant to the
Directive, the effect of which is to state that the vehicle can be permanently
registered without further approvals in Member States having left-hand traffic
and using imperial units of measurement for the purposes of calculating speed
and distance;
(c) (where
the vehicle was manufactured in a Member State of the European Union other than
the United Kingdom, but it is not a vehicle in respect of which such a
certificate of conformity has been issued) evidence satisfactory to the
Inspector that the vehicle conforms to the relevant whole vehicle national type
approval legislation of that State in accordance with the Directive,
and –
(i) that the vehicle
complies with the relevant provisions of the Motor
Vehicles (Construction and Use) (Jersey) Order 1998, and the Road Traffic
(Lighting) (Jersey) Order 1998, or
(ii) that
to the extent that it does not comply with those provisions of those Orders, a
licence has been granted under Article 78 of the Road Traffic
(Jersey) Law 1956, providing that they shall not apply to that vehicle
or that they shall apply subject to specified modifications, and the vehicle
complies with the terms of that licence;
(d) a
certificate of approval issued by the Inspector in respect of the vehicle; or
(e) a
certificate of exemption issued by the Inspector in respect of the vehicle.
2. For
the purposes of paragraph 1(a) –
(a) “relevant
type approval legislation of the United Kingdom”
means –
(i) such of the
following regulations of the United
Kingdom as the same may be in force from
time to time and as may pertain to the vehicle which is the subject of the
application for registration –
(A) Motor
Vehicles (Type Approval) Regulations 1980 of the United Kingdom;
(B) Motor
Vehicles (Type Approval) (Great
Britain) Regulations 1984 of the United Kingdom;
(C) Motor
Vehicles (Type Approval for Goods Vehicles) (Great Britain)
Regulations 1982 of the United
Kingdom; and
(D) Motor
Vehicles (Type Approval) (EEC
Manufacturers) Regulations 1981 of the United Kingdom; or
(ii) any
other legislation of the United Kingdom in respect of the type approval of
motor vehicles which pertains to the vehicle which is the subject of the
application for registration; and
(b) satisfactory
evidence that the vehicle conforms with the relevant type approval legislation
of the United Kingdom shall include evidence that there exists a certificate of
conformity issued by the manufacturer of the vehicle in respect of the vehicle.
3. For
the purposes of paragraph 1(c) –
(a) “relevant
whole vehicle national type approval legislation” means any of the
following administrative procedures which pertain to the vehicle which is the
subject of the application for registration –
(i) “agrément
par type”/“typegoedkeuring” in Belgian law,
(ii) “standardtypegodkendelse”
in Danish law,
(iii) “allgemeine
Betriebserlaubnis” in German law,
(iv) “έγχοιση
τuπον” in Greek law,
(v) “homologacion de
tipo” in Spanish law,
(vi) “réception
par type” in French law,
(vii) “type
approval” in Irish law,
(viii) “omologazione”
or “approvazione del
tipo” in Italian law,
(ix) “agrément”
in Luxembourg
law,
(x) “typegoedkeuring”
in Netherlands
law,
(xi) “aprovaçao
de marca e modelo” in Portuguese law; and
(b) satisfactory
evidence that the vehicle conforms with the relevant whole vehicle national
type approval legislation shall include evidence that there exists a
certificate issued by the manufacturer of the vehicle to the effect that the
vehicle conforms to a type approved by a specified procedure which shall be one
of the administrative procedures listed in sub-paragraph (a), and where
the certificate is in a language other than English, the Inspector may require
that it be accompanied by a certified translation of the certificate.
4. For
the purposes of paragraph 1(d) –
(a) on
payment to the Inspector of a fee of £460 for motor cars and heavy
motor cars and £133.50 for agricultural tractors, mopeds, light
motorcycles and heavy motorcycles, which shall not be refundable in any
circumstances;
(b) on
production at the office of the Inspector, or such other place as the Inspector
may designate, of the vehicle which it is sought to register; and
(c) on
the Inspector being satisfied, following such inspection, examination, trial
and testing as the Inspector may consider necessary, that the vehicle and its
systems and components specified in the table below are of a standard and in a
condition required for the safe operation of the vehicle on the road,
the Inspector may issue a
certificate of approval in respect of the vehicle.
Table of systems and
components
(i) door latches and
hinges
(ii) radio
interference suppression
(iii) steering
(iv) petrol
or diesel emissions
(v) headlamps
(vi) side
lamps
(vii) rear and
stop lamps
(viii) reflectors
(ix) turn
indicators
(x) rear view mirrors
(xi) anti-theft
devices
(xii) seat belts
and anchorages and their installation
(xiii) brakes
(xiv) noise and silencers
(xv) glass
(xvi) seats and
anchorages
(xvii) tyres
(xviii) interior fittings
(xix) exterior fittings
(xx) speedometer
(xxi) rear fog lamps
(xxii) windscreen wipers and
washers
(xxiii) defrosting and demisting
equipment
(xxiv) lighting installation
(xxv) unleaded petrol
requirements.
4A. No
fee is payable under paragraph 4(a) for a motor car which is of a make and
model specified in a list maintained by the Minister.
4B. The
Minister may only specify, for the purposes of paragraph 4A, zero emission
motor vehicles in relation to which a type approval certificate has been
issued.
4C. For
the purposes of paragraph 4B, “zero emission motor vehicle”
means a motor vehicle that –
(a) does
not have an exhaust pipe; or
(b) has
an exhaust pipe but cannot produce emissions from it whether the vehicle is
stationary or being driven.
4D. The
Minister must publish the list referred to in paragraph 4A.
5. For
the purposes of paragraph 1(e), where the Inspector is satisfied
that –
(a) a
vehicle sought to be registered under the Law was manufactured not less than
25 years before the date on which application was made for its
registration;
(b) compliance
with the requirements for the issue of a certificate of approval under
paragraph 1(d) would significantly detract from the historical character
of the vehicle; and
(c) failure
of the vehicle so to comply would not cause undue risk to road users,
and upon payment of a fee
of £106, the Inspector may issue a certificate of exemption in
respect of the vehicle.
5A. Where
an application is made under the Law for the registration of any motor vehicle,
the Inspector shall, before registering the vehicle, require to be discharged
any liability for any outstanding duty or tax payable in respect of the
vehicle –
(a) under
the Customs
and Excise (Jersey) Law 1999;
(b) under
the Goods and
Services Tax (Jersey) Law 2007; or
(c) which is otherwise payable to Agent of the
Impôts.
6. Additional
requirement for vehicles previously registered outside Jersey
(1) Where
an application for registration relates to a motor vehicle previously
registered outside Jersey, the Inspector shall, before registering the vehicle,
require the owner to produce (in addition to producing such evidence or
certificate as is necessary for the purposes of paragraph 1) evidence
satisfactory to the Inspector of the previous registration of the vehicle.
(2) For
the purposes of sub-paragraph (1) –
(a) on payment to the
Inspector of a fee of £41.50; and
(b) on production at the
office of the Inspector, or such other place as the Inspector may designate, of
the vehicle in question,
the Inspector shall
cause the vehicle to be inspected.
SCHEDULE 3[49]
(Article 5)
Application form
SCHEDULE 4[50]
(Article 6)
form of registration
document
SCHEDULE 4A[51]
(Article 22)
Withdrawal of registration marks and assignment of particular
registration marks
1 Interpretation
In this Schedule –
“mark-right” has the meaning given by
paragraph 3(1);
“published form” in relation to an application, means
the form for making that application, published by the Inspector in a manner
appearing likely to the Inspector to bring it to the attention of the public.
2 Withdrawal
of registration mark at request of owner
(1) An
owner of a registered motor vehicle, who wishes to change the registration mark
assigned to that vehicle, may apply, on the published form duly completed, for
the registration mark to be withdrawn.
(2) Sub-paragraph (3)
applies if the Inspector receives –
(a) an
application under sub-paragraph (1) in respect of a registered motor
vehicle;
(b) a fee
of £104;
(c) the
vehicle’s current registration document, if that document has not been
issued as an electronic communication; and
(d) any
other evidence that the Inspector may reasonably require in relation to the
registration of the vehicle and the person’s compliance with this Order.
(3) The Inspector shall
withdraw the registration mark assigned to that vehicle and shall assign to
that vehicle another registration mark, being –
(a) the
particular registration mark applied for under paragraph 3, if that
paragraph so requires; or
(b) if
that paragraph does not so require, a registration mark determined by the
Inspector under Article 5A(4) of the Law.
(4) On assigning a
registration mark under sub-paragraph (3), the Inspector shall amend the
register and the registration document accordingly.
(5) An application under
sub-paragraph (1) may be delivered to the Inspector as an electronic
communication in such manner as the Inspector approves.
3 Assignment
of a particular registration mark under a mark-right
(1) This paragraph applies
if the Inspector grants, under paragraph 4 or 5, to a person a right (a
“mark-right”) to the assignment of a particular registration mark.
(2) The Inspector shall assign
that registration mark to a motor vehicle if the person to whom the mark-right
was granted, within 6 months of the grant or such other extended time
period as the Inspector may allow under sub-paragraph (4) –
(a) applies,
as the owner of that vehicle, to the Inspector –
(i) to register,
under Article 4 of the Law, the vehicle, or
(ii) if
the vehicle is registered, to withdraw, under paragraph 2, the
registration mark for the time being assigned to it;
(b) applies
on the published form, duly completed, for the assignment to that vehicle of
that registration mark; and
(c) surrenders
to the Inspector the mark-right document in respect of that mark-right, and
provides to the Inspector any further evidence the Inspector may reasonably
require as to the registration of the vehicle and the person’s compliance
with this Order.
(3) A mark-right
expires –
(a) when
the registration mark is assigned under sub-paragraph (2); or
(b) 6 months
after it was granted, if the person to whom it was granted has not by that time
met the requirements of all of clauses (a) to (c) of that
sub-paragraph.
(4) The Inspector may, on
the application of a person and on receipt of a fee of £93, extend the
period of 6 months referred to in sub-paragraphs (2) and (3) by a
further period of not more than 6 months.
4 Grant
of mark-right for registration mark that ceases to be assigned to a vehicle
(1) Sub-paragraph (2)
applies if –
(a) the
owner of a registered motor vehicle notifies the Inspector under Article 5(1)(c)
of the Law, and the Inspector cancels the registration under paragraph (5)(b)
of that Article; or
(b) the
Inspector withdraws the registration mark assigned to a vehicle, on the
application of the owner under paragraph 2 of this Schedule.
(1A) Sub-paragraph (2A) applies if
the Inspector cancels a registration under –
(a) Article
13(7) of this Order; or
(b) Article
5(4)(b) and (5)(b) of the Law.
(2) The Inspector shall
grant a mark-right in respect of the registration mark that, immediately before
the cancellation or withdrawal, was the mark assigned to the
vehicle –
(a) to
the owner, if the owner applies to the Inspector, on the published form, duly
completed and accompanied by a fee of £104, for the grant of the
mark-right to the owner; or
(b) to a
person other than the owner, if the owner and that other person apply jointly to
the Inspector, on the published form, duly completed and accompanied by a fee of £120.50,
for the grant of the mark-right to that other person.
(2A) Provided at least 12 months
have elapsed from the date of the cancellation of a registration referred to in
paragraph (1A), the Inspector may grant a mark-right in respect of the registration
mark assigned to the vehicle immediately before the cancellation to a person
who applies on the published form, duly completed for the grant of the
mark-right to that person.
(2B) The form published for the purpose
of sub-paragraph (2A) must include a part for the person making the
application referred to in paragraph (2A) to complete or indicate that the
person understands the requirements of the Law and this Order for the exercise
of the mark-right and understands that the mark-right is not transferable once
granted.
(2C) For the
avoidance of doubt, upon the grant under paragraph (2A) of a mark-right in
respect of a registration mark to a person, any rights to that registration
mark held by the person recorded in the register as the owner of the vehicle
immediately before cancellation of the registration of that vehicle are
extinguished.
(3) The form published for
the purpose of sub-paragraph (2)(b) shall include –
(a) a
part for the owner of the vehicle to complete to indicate that the owner
consents to the grant of the mark-right to the other person, and understands
the consequences of doing so; and
(b) another
part for the other person to complete to indicate that that other person
understands the requirements of the Law and this Order for the exercise of the
mark-right, and understands that the mark-right is not transferable once
granted.
(4) If more than one
relevant application is made at the same time (whether by one person or more
than one person, and whether in respect of one vehicle or more than one
vehicle), a person making any of the applications may, by duly completing a
part included for that purpose in the published application form, make that
application conditional on the grant or simultaneous putting into effect of any
other of those applications.
(5) If, by virtue of the
granting of relevant applications that are made conditional under sub-paragraph (4),
the registration marks assigned to 2 or more vehicles are exchanged
simultaneously between those vehicles, the fees charged for the relevant
applications shall be limited to £104 in total per vehicle.
(6) For the purpose of
sub-paragraphs (4) and (5) a relevant application is an
application –
(a) under
paragraph 2(1), for the withdrawal of a registration mark;
(b) under
paragraph 3(2)(b), for the assignment of a registration mark under a
mark-right; or
(c) under
sub-paragraph (2) of this paragraph, for the grant of a mark-right.
(7) If the owner of 2 motor
vehicles, one of which is registered and the other not, applies –
(a) under
paragraph 2 for the registration mark to be withdrawn from the registered
vehicle and a new registration mark to be assigned to it under sub-paragraph (3)(b)
of that paragraph;
(b) under
this paragraph for the grant of a mark-right in respect of the withdrawn
registration mark;
(c) under
Article 5 for the registration of the unregistered vehicle; and
(d) under
paragraph 3 for the assignment of the registration mark under the
mark-right to the vehicle that is being registered,
the Inspector shall, if all the applications are granted and are put
into effect simultaneously, waive the fee under paragraph 2, and offset
the fee under Article 5 against the fee under this paragraph.
5 Grant
of mark-right in relation to unassigned registration mark selected by Inspector
(1) The Inspector may
select a registration mark for the purpose of making arrangements to grant a
mark-right in respect of that registration mark.
(2) The registration mark
selected shall be one that –
(a) is
not for the time being assigned to any motor vehicle;
(b) is
determined in accordance with Article 20(1)(b) and (c); and
(c) is
not to be assigned to a vehicle that is to be used exclusively as a hire
vehicle.
(3) The Inspector may make
arrangements to grant the selected mark-right –
(a) by
private sale to a person willing to buy it at a price agreed with the
Inspector;
(b) by
seeking tenders from a group of persons or from the public;
(c) by
auction; or
(d) by
any other means appearing to the Inspector to be efficient in raising funds through
the arrangements and to be proportionate in formality to the amount likely to
be raised.
(4) The Inspector, having
made arrangements to grant a mark-right under sub-paragraph (3), shall
grant that mark-right to a person if –
(a) the
Inspector agrees, under those arrangements, with the person to grant that
mark-right to that person on payment by that person of an amount agreed under
those arrangements (whether agreed by acceptance of a published price, by
successful tender, by successful bid at auction or by any other means);
(b) the
person pays, under those arrangements, that agreed amount; and
(c) the
person signs a document (by any means, including electronic communication, that
may be permitted or required under the arrangements) to acknowledge that the
person has been informed of such effects of this Order or the Law on that right
as may be specified in that document by the Inspector.
(5) The Minister may issue
a direction or guidance to the Inspector as to any aspect of the means by which
arrangements are to be made under this paragraph in respect of any description
of mark-right.
(6) If the Minister issues
a direction or guidance –
(a) the
Minister shall send it in writing to the Inspector and publish it in a manner
appearing to the Minister likely to bring it to the attention of the public;
and
(b) the
Inspector shall act in accordance with the direction, or take account of the
guidance.
6 Certification
of mark-right by mark-right document
(1) If the Inspector
grants, under paragraph 4 or 5, a mark-right to a person, the Inspector
shall issue to the person a document (a “mark-right document”)
certifying –
(a) that
the person (whose name and address are specified in the document) has the
mark-right in respect of the registration mark specified in the document;
(b) that
the person –
(i) has complied with
paragraph 4, if the mark-right was granted under that paragraph, or
(ii) has
paid the agreed amount, as specified in the document, if the mark-right was
granted under paragraph 5; and
(c) that the
mark-right was granted on the date specified in the document and accordingly
will be extinguished on the date 6 months after that date if not exercised
before then.
(2) The Inspector may
correct, cancel or replace a mark-right document in the equivalent
circumstances (including as to payment of fees) in which the Inspector may
correct, cancel or replace a registration document.
7 Delegation
by Inspector
(1) The Inspector may
delegate, in writing and subject to any condition or restriction specified, to another
person any function under this Schedule in relation to any one or more
of –
(a) the
determination of a registration mark for assignment to a vehicle;
(b) the
assignment of a registration mark to a vehicle; or
(c) the
making of arrangements under paragraph 5(3)(b) or (c) to grant a selected
mark-right; and
(d) the
grant under paragraph 5(4) of a mark-right under arrangements made under
paragraph 5(3)(b) or (c) (including making an agreement under
paragraph 5(4)(a), taking payment under paragraph 5(4)(b), or
providing a document under paragraph 5(4)(c)).
(2) If a function falling
within sub-paragraph (1)(c) or (d) is delegated to a person who is not a States’
employee (within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005), the Inspector may, with
the consent of the Minister, agree with that person a scheme by which the
person –
(a) may
be paid from funds raised in performing the function, whether by commission or
otherwise; or
(b) may
pay the Inspector in advance for the right to keep some or all of the funds
raised.
8 Delay,
refusal, withdrawal and appeal
(1) The Inspector may delay
the grant of a mark-right or the assignment of a registration mark under this
Schedule until the Inspector has taken any action under any of Articles 12
to 18 in respect of the registration of the vehicle concerned.
(2) The Inspector may
refuse the grant or assignment –
(a) if
the Inspector is not satisfied as to the result of action mentioned in
sub-paragraph (1);
(b) if
the Inspector is satisfied, after inviting and considering representations from
the person applying for the grant or assignment, that it is proportionate to do
so –
(i) in the case of a
grant of a mark-right under paragraph 4, on the ground that the person
would not have been entitled to that grant but for having contravened Article 5(1)(c)
of the Law,
(ii) in
the case of an assignment of a registration mark under a mark-right granted
under paragraph 4, on the ground that the grant of that mark-right would
have been refused under sub-clause (i) if the Inspector had known of that
contravention before that grant, or
(iii) for
other exceptional reasons related to the prevention of crime or to the protection
of the reputation and integrity of Jersey in respect of its registration scheme.
(3) The Inspector may
withdraw from a vehicle a registration mark assigned under a mark-right, and
assign another registration mark determined by the Inspector under Article 5A(1)(a)(i)
or (ii) of the Law, if the Inspector is satisfied, after inviting and
considering representations from the owner of the vehicle –
(a) that
it is proportionate to do so on the ground that the mark would not have been
assigned but for a contravention of a requirement of this Order or the Law by
or on behalf of the owner; or
(b) if
the Attorney-General consents to the withdrawal, that the mark-right was
obtained through the use of money or property that –
(i) was or
represented the proceeds of criminal conduct, within the meaning of the Proceeds of Crime (Jersey)
Law 1999, or
(ii) could
have been forfeited under Article 29 of the Misuse of Drugs (Jersey)
Law 1978, Article 26 of the Terrorism (Jersey)
Law 2002 or Article 9 of the Proceeds of Crime (Cash Seizure) (Jersey)
Law 2008.
(4) The Inspector shall, on
exercising a power under sub-paragraph (2) or (3), give written
notice (by post, electronic communication or otherwise) of the decision to
exercise the power, including reasons, to the person whose application is
refused or to the owner of the vehicle from which the mark-right is withdrawn.
(5) A person notified under
sub-paragraph (4) of the exercise of a power may, within 28 days of
the giving of the notification, appeal to the Royal Court on the ground that the
exercise of the power was unreasonable having regard to all the circumstances
of the case.
(6) Reasons given under
sub-paragraph (4) need not include any reasons for the giving of the
Attorney-General’s consent under sub-paragraph (3)(b).
9 Mark-right
not transferable
(1) A mark-right is not
transferable.
(2) Sub-paragraph (1)
is without prejudice –
(a) to
any vesting of a mark-right in a person by operation of law; and
(b) to
the grant of a mark-right to a person other than the owner under
paragraph 4(2)(b) or (2A).
10 Alteration
of use to or from hire
(1) On receipt by the
Inspector of an application under Article 7 with respect to the alteration
of the use of a vehicle to use exclusively as a hire vehicle, the Inspector
shall re-assign the registration mark assigned to the vehicle so as to include
the distinguishing mark referred to in Article 20(1)(a), amend the
register accordingly and issue to the owner of the vehicle a registration
document in respect of the vehicle recording its new registration mark.
(2) On receipt by the
Inspector of an application under Article 7 with respect to the alteration
of the use of a vehicle from use exclusively as a hire vehicle, the Inspector
shall re-assign the registration mark assigned to the vehicle so as to remove
the distinguishing mark referred to in Article 20(1)(a), amend the
register accordingly and issue to the owner of the vehicle a registration
document in respect of the vehicle recording its new registration mark.
SCHEDULE 5[52]
(Article 23)
Requirements as to
registration marks
PART 1
PRELIMINARY
1 Interpretation
In this Schedule, unless
the context otherwise requires–
“figure” means
a letter or numeral;
“hours of
darkness” means the time between half an hour after sunset and half an
hour before sunrise;
“moped”,
“motorcycle” and “trailer” have the meanings assigned
to them respectively in the Road Traffic
(Jersey) Law 1956;
“number plate”
means the plate on which the registration mark of a vehicle is required to be
exhibited in accordance with paragraph 2;
“pedestrian
controlled vehicle” means a motor vehicle with 3 or more wheels
which –
(a) does not exceed 8 hundredweight in weight
unladen; and
(b) is
not designed, constructed or adapted for use nor used for the carriage of a
driver or passenger;
“works truck”
means a motor vehicle which is –
(a) designed
for use in private premises; and
(b) used
on a road only in passing from one part of any such premises to another or to
other private premises in the immediate neighbourhood, or in connection with
road works while at or in the immediate neighbourhood of the site of such
works.
PART 2
DISPLAY OF REGISTRATION
MARKS
2 Exhibition of registration
marks
(1) Except
as provided by paragraphs 7A(5), 8(5) and 9(4), the registration mark of a
vehicle shall be exhibited on a flat rectangular plate.
(2) Subject
to Article 20, the registration mark shall conform with the following
provisions of this Schedule.
3 Position and visibility of
registration marks
(1) The
registration mark of any vehicle, not being a motor cycle, moped or works
truck, shall be exhibited on the front and on the back of the vehicle in a
vertical position, so that every letter and numeral of the registration mark is
vertical and easily distinguishable, in the case of –
(a) the
registration mark placed on the front of the vehicle, from in front of the
vehicle; and
(b) the
registration mark placed on the back of the vehicle, from behind the vehicle.
(2) The
registration mark of a motor cycle or moped shall be exhibited on the back of
the vehicle in a vertical position, so that every letter and numeral of the
registration mark is vertical and easily distinguishable from behind the
vehicle.
(3) The
registration mark of a works truck shall be exhibited on both sides or on the
back of the vehicle, in a vertical position so that every letter and numeral of
the registration mark is vertical and easily distinguishable, in the case
of –
(a) the
registration mark placed on any side of the vehicle, from that side; and
(b) the
registration mark placed on the back of the vehicle, from behind the vehicle.
(4) No
other letters or numerals and no object, image, design or ornamentation shall
be placed near to a registration mark in such a manner as to be liable to render
it more difficult for the registration mark to be read or distinguished when
the vehicle is in motion.
4 Exhibition of registration
marks on trailers
(1) When
one or more trailers are drawn by a vehicle, the registration mark required to
be exhibited on the back of that vehicle, or a duplicate of such registration
mark, shall be exhibited on the back of the rearmost trailer in the same manner
as the registration mark is required to be exhibited on the back of that
vehicle.
(2) ...
5 Illumination of registration
marks
Whenever a vehicle, not
being a works truck, is upon a public road during the hours of darkness, the
registration mark exhibited on the back of the vehicle or on the rearmost
trailer attached to the vehicle, as the case may be, shall be illuminated by
means of reflection, transparency or otherwise so as to render easily
distinguishable every letter and numeral of the registration mark:
Provided that this
paragraph shall not apply to any vehicle if, by virtue of any provision of
Articles 4 to 8 of the Road Traffic (Lighting) Order 1998, it is
exempted either wholly or partly from the requirements of that Order to show
lights to the front and rear.
PART 3
FORM OF REGISTRATION MARKS
DIAGRAM 1
DIAGRAM 2
6 Arrangement of
registration marks
(1) Subject
to sub-paragraphs (2) and (3), the registration mark shall, at the option
of the owner of the vehicle, be arranged in conformity with either of the
specimen registration marks shown in diagram 1 or diagram 2 of this Part.
(2) Where
the registration plate is arranged in conformity with diagram 1, the index mark
shall be on the upper line, the numerals indicating units, tens and hundreds
shall be on the lower line, and any other numerals shall be on the upper line.
(3) The
registration mark of a motor cycle or moped shall comply with diagram 1.
7 Provisions for display
relating to paragraphs 7A, 8, 9 and 9A
(1) In this paragraph
“distinguishing mark” means a distinguishing mark displayed in
accordance with a diagram in Schedule 11 or 12 of the Motor Vehicles (Driving
Licences) (Jersey) Order 2003.
(2) Material or information
must not be displayed on a number plate within the margins specified in a table
in paragraph 7A, 8, 9 or 9A except –
(a) the
registration mark;
(b) material
complying with the requirements of the relevant British Standards with which
such plates are required to comply by this Order.
(3) For the purposes of a
table in paragraph 7A, 8, 9 or 9A, where a margin between all or part
of a registration mark and the edge of a number plate includes the white area
of a distinguishing mark, that margin is measured to the edge of the white area
that is nearest the registration mark, not to the edge of the number plate.
(4) In paragraphs 7A,
8, 9 and 9A references to a character do not include anything that forms
part of a distinguishing mark.
7A Form of number plates – vehicles
registered and new number plates fixed on or after 1st January 2024
(1) This paragraph applies
to vehicles registered and new number plates fixed on or after 1st January
2024, except where the vehicle was constructed on or before 31st
December 1975.
(2) The number plate
must –
(a) be
constructed of reflex reflecting material; and
(b) subject
to sub-paragraph (5), must comply with the British Standard specification
for retroreflecting number plates published on 28th February 2018 under number
BS AU 145e.
(3) The registration
mark –
(a) if displayed
on the front of the vehicle, must be formed of black characters on a white
background constructed of reflex reflecting material, but no reflecting
material may be applied to any part of the black characters; and
(b) if displayed
on the back of the vehicle, must be formed of black characters on a yellow
background constructed of reflex reflecting material, but no reflecting
material may be applied to any part of the black characters.
(4) Except where
sub-paragraph (5) or paragraph 9A applies, the size and spacing of
the black characters of the registration mark must
comply with the following –
|
Height
|
79mm
|
|
Width (except the figure
“1”)
|
50mm
|
|
Stroke
|
14mm
|
|
Space between characters
|
11mm
|
|
Side margins (minimum)
|
11mm
|
|
Space between vertical
lines
|
19mm
|
(5) In the case of a motor
cycle, moped or pedestrian controlled vehicle, where the number plate complies
with the British Standard specification mentioned in sub-paragraph (2)(b)
and is on the back of the vehicle, the corners of the number plate may be
rounded off and, subject to paragraph 9A, the size and spacing of the
black characters of the registration mark must comply with the following –
|
Height
|
64mm
|
|
Width (except the figure “1”)
|
44mm
|
|
Stroke
|
10mm
|
|
Space between characters
|
10mm
|
|
Top, side, and bottom margins (minimum)
|
11mm
|
|
Space between vertical lines
|
13mm
|
(6) The
number plate must display, below the registration mark –
(a) the
number of the British Standard specification mentioned in
sub-paragraph (2)(b);
(b) the
name of the supplier or manufacturer of the parts used to assemble the
registration plate; and
(c) the
name and postcode of the supplying outlet of the assembled registration plate
displaying the registration mark.
(7) The markings required
under sub-paragraph (6) must be –
(a) permanently
marked;
(b) non-reflex
reflecting;
(c) of a
single shade of non-reflex reflecting colour; and
(d) no
more than 10 millimetres in height and no less than 3 millimetres in
height.
7B Optional
compliance with paragraph 7A
(1) The
form of a number plate fixed to a vehicle may comply with the requirements in
paragraph 7A(2) to (7) where paragraph 7A(1) does not require it to do so.
(2) Where the form of a
number plate fixed to a vehicle complies with the requirements in paragraph 7A(2)
to (7) by virtue of sub-paragraph (1), the requirements of
paragraph 8 or 9 (as the case may be) do not apply to the vehicle.
8 Form
of number plates – pre 1976 vehicles
(1) This
paragraph applies to vehicles constructed on or before 31st December 1975.
(2) The
number plate shall –
(a) be
formed of white, silver or light grey characters on a black surface, and every
character shall be so indelibly inscribed on, or so attached to, such surface
that it cannot readily be detached from it, and if the characters are exhibited
on a number plate, the plate may be constructed of cast or pressed metal having
raised figures;
(b) if
the number plate and registration mark are so designed and constructed that
they may be illuminated from behind by means of the translucency of the
characters, be formed of white characters on a black surface and all the
characters shall, when the number plate and registration mark are illuminated
during the hours of darkness, appear white against a black background; or
(c) be
constructed of reflex reflecting material and –
(i) the registration
mark, if displayed at the front of the vehicle, shall be formed of black
characters against a white background constructed of reflex reflecting
material, but no reflecting material shall be applied to any part of the black
characters,
(ii) the
registration mark, if displayed on the back of the vehicle, shall be formed of
black characters against a yellow background constructed of reflex reflecting
material, but no reflecting material shall be applied to any part of the black
characters, and
(iii) subject
to sub-paragraph (4), comply with the requirements of the British Standard
Specification for reflex-reflecting number plates published on 31st October 1967
under the number BS. AU 145.
(3) Subject
to sub-paragraph (5) and paragraph 9A, where the number plate
complies with sub-paragraph (2)(a) or (b), the size and spacing of the
characters shall comply with either Group 1 or Group 2 in the following
table –
|
Characters
|
Group 1
|
Group 2
|
|
Height
|
89mm
|
79mm
|
|
Width (except the figure “1”)
|
64mm
|
57mm
|
|
Stroke
|
16mm
|
14mm
|
|
Side margin
|
25mm
|
11mm
|
|
Top & bottom
margin
|
13mm
|
11mm
|
|
Space between
characters
|
13mm
|
11mm
|
(4) Subject
to sub-paragraph (5) and paragraph 9A, where the number plate
complies with sub-paragraph (2)(c), the size and spacing of the characters
shall comply with Group 1, Group 2 or Group 3 in the following
table –
|
Characters
|
Group 1
|
Group 2
|
Group 3
|
|
Height
|
89mm
|
79mm
|
79mm
|
|
Width (except
the figure “1”)
|
64mm
|
57mm
|
50mm
|
|
Stroke
|
16mm
|
14mm
|
14mm
|
|
Space between
characters
|
13mm
|
11mm
|
11mm
|
|
Side margins
(minimum)
|
13mm
|
11mm
|
11mm
|
|
Space between
vertical lines
|
19mm
|
19mm
|
19mm
|
and where compliance is
with Group 3, the characters shall be in the prescribed font and the plate
shall comply with the requirements of British Standard Specification No. BS.
AU. 145d.
(5) In
the case of a motor cycle, moped or pedestrian controlled vehicle, where the
number plate complies with sub-paragraph (2)(a), (b) or (c) and is on the
back of the vehicle, the corners of the plate may be rounded off and, subject
to paragraph 9A, the size and spacing of the characters shall comply with
the following table –
|
Character Height
|
64mm
|
|
Character Width (except
the figure “1”)
|
44mm
|
|
Character Stroke
|
10mm
|
|
Space between characters
|
10mm
|
|
Top, side and
bottom margins (minimum)
|
11mm
|
|
Space between
vertical lines
|
13mm
|
9 Form of number plate –
post 1976 vehicles
(1) This
paragraph applies to vehicles constructed on or after 1st January 1976, except
where paragraph 7A applies.
(2) The
number plate shall be constructed of reflex reflecting material
and –
(a) the
registration mark, if displayed at the front of the vehicle, shall be formed of
black characters against a white background constructed of reflex reflecting
material, but no reflecting material shall be applied to any part of the black
characters;
(b) the
registration mark, if displayed on the back of the vehicle, shall be formed of
black characters against a yellow background constructed of reflex reflecting
material, but no reflecting material shall be applied to any part of the black
characters; and
(c) subject
to sub-paragraph (4), comply with the requirements of the British Standard
Specification for reflex-reflecting number plates published on 11th September
1972 under the number BS AU 145a.
(3) Subject
to sub-paragraph (4) and paragraph 9A, the size and spacing of the
characters shall comply with Group 1, Group 2 or Group 3 in the following
table –
|
Characters
|
Group 1
|
Group 2
|
Group 3
|
|
Height
|
89mm
|
79mm
|
79mm
|
|
Width (except
the figure “1”)
|
64mm
|
57mm
|
50mm
|
|
Stroke
|
16mm
|
14mm
|
14mm
|
|
Space between
characters
|
13mm
|
11mm
|
11mm
|
|
Side margins
(minimum)
|
13mm
|
11mm
|
11mm
|
|
Space between
vertical lines
|
19mm
|
19mm
|
19mm
|
and where compliance is
with Group 3, the characters shall be in the prescribed font and the plate
shall comply with the requirements of British Standard Specification No. BS.
AU. 145d.
(4) In
the case of a motor cycle, moped or pedestrian controlled vehicle, where the
number plate complies with sub-paragraph (2)(c) and is on the back of the
vehicle, the corners of the plate may be rounded off and, subject to paragraph 9A,
the size and spacing of the characters shall comply with the following
table –
Character Height
|
64mm
|
|
Character Width (except the figure “1”)
|
44mm
|
|
Character Stroke
|
10mm
|
|
Space between characters
|
10mm
|
|
Top, side & bottom margins (minimum)
|
11mm
|
|
Space between vertical lines
|
13mm
|
9A Sizing and spacing of
characters: special cases
(1) This
paragraph applies to vehicles imported into Jersey which –
(a) do
not have European Union Whole Vehicle Type Approval; and
(b) are
so constructed that the area available for the fixing of the number plate
precludes the display, on the number plate, of a registration mark with
characters complying with the sizing and spacing requirements of
paragraph 7A(4) or (5), 8(3), (4) or (5), or 9(3) or (4) (as applicable).
(2) Where
this paragraph applies, the size and spacing of the black characters of the
registration mark must comply with the following –
|
Height
|
64mm
|
|
Width
(except the figure “1”)
|
44mm
|
|
Stroke
|
10mm
|
|
Space between characters
|
10mm
|
|
Vertical spacing between groups
of characters
|
5mm
|
|
Width of a margin between the
registration mark and the top and lateral sides of the number plate (minimum)
|
5mm
|
|
Space between the bottom of the
registration mark and the bottom of the number plate (minimum)
|
13mm (but, within that space,
the space between the bottom of the registration mark and the top of the
information required by paragraph 7A(6)(c), must be not less than 5mm)
|
9B Addition to form of
number plate for zero emission vehicles – all vehicles
(1) This
paragraph applies to zero emission vehicles, regardless of the date of their
construction or registration.
(2) A
zero emission vehicle is a vehicle that –
(a) does
not have an exhaust pipe; or
(b) has
an exhaust pipe but cannot produce emissions from it whether the vehicle is
stationary or being driven.
(3) A
number plate on a zero emission vehicle that complies with paragraph 7A, 8
or 9 may display a green background to the left of the registration mark
which –
(a) is
constructed of reflex reflecting material;
(b) is
colour Pantone 7481c, or a colour match that is as close as possible to
that colour;
(c) is no
less than 40 millimetres and no more than 50 millimetres in width;
and
(d) does
not encroach into any margin prescribed under paragraph 7A(4) or (5),
8(3), (4), or (5), 9(3) or (4), or 9A(2) (as applicable).
(4) Sub-paragraph (5)
applies where a number plate on a zero emission vehicle that complies with
paragraph 7A, 8 or 9 displays a distinguishing mark in accordance
with –
(a) diagram 2
or 3, in Part 2 of Schedule 11 to the Motor
Vehicles (Driving Licences) (Jersey) Order 2003; or
(b) diagram 2
or 3, in Schedule 12 to that Order.
(5) Where
this sub-paragraph applies, the number plate may display the green background
described in sub-paragraph (3)(a) to (d) –
(a) where
the distinguishing mark is displayed in accordance with diagram 2 in
either Schedule, to the left of the distinguishing mark;
(b) where
the distinguishing mark is displayed in accordance with diagram 3 in
either Schedule, to the left of both the registration mark and the
distinguishing mark.
(6) Where
a vehicle that is to be used exclusively as a hire vehicle is a zero emission
vehicle, the requirements of Part 5 apply with the modification that the
red ground referred to in diagrams A and B in Part 5 may instead be a
green background complying with sub-paragraph (3)(a) and (b).
(7) When
a trailer is drawn by a zero emission vehicle displaying a number plate with a
green background as described in any of sub-paragraphs (3), (5), and (6),
the trailer may display a number plate with a green background as described in the
same sub-paragraph.
(8) No
vehicle or trailer may display a number plate with a green background as
described in any of sub-paragraphs (3), (5) or (6), other than in
accordance with one of those sub-paragraphs.
PART 4
FONT PRESCRIBED FOR CHARACTERS 79 MILLIMETRES IN HEIGHT
part 5
FORM OF distinguishing mark forMING PART OF REGISTRATION MARK IN THE
CASE OF a hire vehicle
A. HIRE VEHICLE REGISTRATION MARK CONFORMING TO DIAGRAM NO. 1 IN PART III
B. HIRE VEHICLE REGISTRATION MARK CONFORMING TO DIAGRAM NO. 2 IN PART III
SCHEDULE 6[53]
(Article 24)
Form of application for a trade
licence or its renewal
SCHEDULE 7[54]
(Article 25)
Form of trade licence
