Jersey Law 4/1965
MOTOR TRAFFIC (AMENDMENT No. 8) (JERSEY) LAW, 1965.
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A LAW to
amend the Motor Traffic (Jersey) Law, 1935, sanctioned by Order of Her Majesty
in Council of the
26th day of FEBRUARY, 1965.
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(Registered on the 2nd day of April, 1965).
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STATES OF JERSEY.
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The 13th day of
October, 1964.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
After the definition of “fares” in Article 1 of the
Motor Traffic (Jersey) Law, 1935, as
amended (hereinafter referred to as the “principal
Law”) there shall be inserted the following definition –
“ ‘prescribed’ means prescribed by order;”.
ARTICLE 2
For Articles 22 to 34 of the principal Law there
shall be substituted the following Articles –
“ARTICLE 22
(1) Subject
to the provisions of this Part of this Law, no motor vehicle shall be used on
any route as an omnibus or a char-à-banc except under and in accordance
with the terms of a licence granted to the operators of the motor vehicle by
the Committee under Article 23 of this Law (in this Law referred to as a
“road service licence”) being a licence authorizing the operator to
operate an omnibus or a char-à-banc on such a route as that in question.
(2) The
Committee may by order provide that paragraph (1) of this Article shall not
apply to a motor vehicle when used in such circumstances as may be specified in
the order and may by Act exempt from the requirements of the said paragraph (1)
any particular journey or series of journeys to be made by a motor vehicle.
ARTICLE 23
(1) Any
application to the Committee for the grant of a road service licence shall
contain such particulars as may be prescribed, and, subject to the provisions
of this Article and of any relevant orders under Article 24 of this Law, the
Committee may either refuse the application or grant the applicant a road
service licence for such term as may be specified therein.
(2) In
exercising its functions under this Article, the Committee shall consider in
particular –
(a) any
representation made by the Constable of any Parish in which any part of the
proposed route is situated;
(b) the
suitability of the routes on which a service may be provided under the licence;
(c) the
extent, if any, to which the needs of the proposed routes or any of them are
already adequately served;
(d) the
extent to which the proposed service is necessary or desirable in the public
interest;
(e) the
needs of the Island as a whole in relation to traffic (including the provision
of adequate, suitable and efficient services, the elimination of unnecessary
services and the provision of unremunerative services);
(f) any
objections or representations made in accordance with any relevant order under
Article 24 of this Law.
(3) Subject
to the provisions of any relevant order under Article 24 of this Law, the
Committee may attach to a road service licence such conditions as it may think
fit with respect to the matters to which it is required to consider under
paragraph (2) of this Article and in particular for securing that –
(a) copies
of the time-table and fare-table shall be carried and shall be available for
inspection in vehicles used on the service;
(b) passengers
shall not be taken up or shall not be set down except at specified points or
shall not be taken up or shall not be set down between specified points;
and generally for securing the safety and convenience of the
public.
(4) Without
prejudice to the generality of paragraph (3) of this Article, a road service
licence may include a condition with respect to the fares to be charged in
respect of the service to which the licence relates, being those fares or a
condition specifying the manner in which those fares are to be determined.
(5) The
Committee may from time to time vary in such manner as it thinks fit the
conditions attached to a road service licence and where the holder of such a
licence makes application to the Committee to exercise its powers under this
paragraph it shall be the Committee’s duty to consider whether it should
exercise those powers.
ARTICLE 24
(1) Without
prejudice to any other power to make orders conferred by this Part of this Law,
the Committee shall by order make provision –
(a) for
requiring, except in such circumstances, if any, as may be specified in the
order, publication of notice of the making of any application for the grant,
revocation, suspension or variation of a road service licence and for the
making of objections or representations with respect to any such application;
(b) as to
the persons entitled to be heard by the Committee at any meeting to consider
the grant, revocation, suspension or variation of any such licence;
(c) for
requiring the payment to the Committee in connexion with road service licences
or applications relating thereto of such fees determined in such manner as the
order may provide.
(2) Without
prejudice as aforesaid, the Committee may by order make provision –
(a) as to
the form and manner in which any application, objection or representation shall
be made to the Committee;
(b) with
respect to the furnishing by persons making an application, objection or
representation to the Committee of information or documents relevant thereto;
(c) with
respect to the provision by holders of road service licences of statistical or
other information with respect to their operations to which the licence relates
;
(d) as to
the circumstances, if any, in which a road service licence shall or may be
transferred or treated as if granted to a person other than the person to whom
it was granted ;
(e) with
respect to the surrender for cancellation or variation of road service
licences.
(3) Any
power to make orders conferred by this Part of this Law shall include power to
make different provision for different circumstances and to make such
incidental or supplementary provision as appears to the Committee necessary or
expedient for giving effect to the purposes of this Part of this Law.
ARTICLE 25
(1) A
road service licence may at any time be revoked, suspended or varied by the
Committee where it is satisfied that it is right and proper so to do.
(2) The
revocation, suspension or variation of a road service licence shall not take
effect until the expiration of the period mentioned in Article 26 of this Law
for the making of an appeal against the Committee’s decision nor, if an
appeal is duly made during that period, until the determination or abandonment
of the appeal.
ARTICLE 26
(1) Any
person who –
(a) being
an applicant for the grant of a road service licence, is aggrieved by the
refusal or failure of the Committee to grant the licence, or with any
conditions attached thereto ; or
(b) being
a person who has opposed the grant of a road service licence, is aggrieved by
the grant thereof or by any condition or by any variation of the conditions
attached thereto ; or
(c) being
the holder of a road service licence, is aggrieved by the revocation or
suspension thereof by the Committee or by any variation of the conditions
attached thereto ;
may, within one month of the date of the notification of the
decision of the Committee in the matter, appeal to the Inferior Number of the
Royal Court, either in term or in vacation, and the decision of the Court shall
be final and conclusive and shall not be subject to appeal to any other court.
(2) Notwithstanding
anything contained in any road service licence, where any person who has
applied for a new road service licence in substitution for a licence held by
him and in force at the date of his application appeals to the court on the
ground that his application has been refused, the existing licence shall
continue in force until the appeal has been disposed of, without prejudice to
the powers of the Committee under Article 25 of this Law.
ARTICLE 27
(1) If
a motor vehicle is used on any route in contravention of paragraph (1) of
Article 22 of this Law, the operator of the vehicle shall be guilty of an
offence and shall be liable to a fine not exceeding one hundred pounds or in
the case of a second or subsequent offence to a fine not exceeding five hundred
pounds or to imprisonment for a term not exceeding six months, or to both such
fine and such imprisonment.
(2) If
any person, in furnishing any information for the purposes of this Part of this
Law or of any order made thereunder, furnishes any information which to his
knowledge is false in any material particular or recklessly furnishes any
information which is false in any material particular, he shall be guilty of an
offence and shall be liable to a fine not exceeding fifty pounds or in the case
of a second or subsequent offence to a fine not exceeding one hundred pounds or
to imprisonment for a term not exceeding three months or to both such fine and
such imprisonment.
(3) If
any person fails without reasonable cause to comply with any requirement duly
made of him under this Law to surrender a road service licence for cancellation
or variation, he shall be guilty of an offence and shall be liable to a fine
not exceeding ten pounds.
(4) Where
an offence under this Article committed by a 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; any director, manager, secretary or other similar
officer of the body corporate or any person who was purporting to act in any
such capacity, he, as well as the body corporate, shall be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.”
ARTICLE 3
In Article 49A of the principal Law for the
words “Articles 14, 24 and 26” there shall be substituted the words
“Article 14”.
ARTICLE 4
In paragraph (1) of Article 54 of the principal Law the words “and for prescribing anything which
may be prescribed under this Law” are hereby repealed.
ARTICLE 5
This Law may be cited as the Motor Traffic (Amendment No. 8)
(Jersey) Law, 1965.
A.D. LE BROCQ,
Greffier of the States.