Jersey Law 5/1935

 

MOTOR TRAFFIC (JERSEY) LAW, 1935.

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LOI         sur la circulation automobile, confirmée par Ordre de Sa Majesté en Conseil en date du

 

25 OCTOBRE 1935.

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(Entériné le 14 novembre 1935).

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AUX ETATS DE L’ILE DE JERSEY.

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L’An 1935, le 11 septembre.

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CONSIDERANT qu’il y a lieu de réglementer la circulation automobile dans cette Ile;

LES ETATS ont adopté la loi suivante, moyennant la sanction de Sa Très Excellente Majesté en Conseil:  -

PART I

DEFINITIONS AND ADMINISTRATION

 

DEFINITIONS

ARTICLE 1

In this Law, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:  -

“the Committee” means the Motor Traffic Committee1 appointed by the States under Article 2 of this Law;

“the Inspector” means the Inspector of Motor Traffic appointed under Article 3 of this Law;

[“Traffic Officer” means the Inspector of Motor Traffic, the Deputy Inspector of Motor Traffic or any Traffic Officer appointed under Article 3 of this Law;]2

“fares” includes sums payable in respect of a season ticket, or in respect of any type of multiple journey ticket;

[“prescribed” means prescribed by order;]3

“road” means any public road, any other road to which the public has access, any park or public place and any sea beach;

“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on a road;

“public service vehicle” means a motor vehicle used for carrying passengers for hire or reward, other than a motor vehicle which is intended to be used solely for the purpose of being let on hire and driven by the person by whom the motor vehicle is taken on hire or by the servants of such person, and which is adapted to carry not more than eight persons (including the driver).

 

ADMINISTRATION

ARTICLE 24

(1)           For the purpose of putting this Law into execution the States shall name a Motor Traffic Committee consisting of twelve members, three of whom shall be chosen from each Body composing the States.

(2)           Three members shall form a quorum in this Committee, and no decision of the Committee shall be valid unless taken in presence of such quorum.

[ARTICLE 3

(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 officers within the meaning of the Civil Service Administration (Jersey) Law, 19535) 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 Committee may from time to time impose on them.

(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.]6

* * * * * *⁶

ARTICLE 7

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.

ARTICLE 8

It shall be the duty of the Inspector or of every Traffic Officer whenever it shall come to his 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 the Police of the Parish in which such criminal or other offence was committed.

PART II

REGULATION OF PUBLIC SERVICE VEHICLES

ARTICLE 9

(1)           Public service vehicles shall, for the purposes of this Law and the Regulations [and Orders]7 made thereunder, be divided into the following classes:  -

(a)    Omnibuses: that is to say, motor vehicles carrying 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;

(b)    Chars-à-banc: that is to say, motor vehicles carrying 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;

(c)    Cabs: that is to say, motor vehicles carrying passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum:

Provided that a cab adapted to carry not more than eight persons (including the driver) shall not be deemed to be an omnibus or a char-à-banc by reason only that on occasions of race meetings, public gatherings and other like special occasions it is used to carry passengers at separate fares.

(2)           It is hereby declared that where persons are carried in a motor vehicle for any journey or circuit in consideration of separate payments made by them, whether to the owner of the vehicle or to any other person, the vehicle in which they are carried shall be deemed to be a vehicle carrying passengers for hire or reward at separate fares, whether the payments are solely in respect of the journey or circuit or not:

[Provided that where persons are carried in motor vehicles in the course of the annual outing of any educational, religious or philanthropic society or body, the Committee shall have power, at its absolute discretion, but not more than once in any year beginning the 1st January and ending the 31st December, in respect of any such society or body, to exempt such motor vehicles from the provisions of this paragraph.]8

ARTICLE 10

Notwithstanding anything in this Law contained, no person shall cause or permit a motor vehicle to be used on any road as a public service vehicle unless the tax in respect of such motor vehicle for the current year has been duly paid to the Treasurer of the States in accordance with the provisions of the Law for the time being in force with respect to the taxation of motor vehicles.

 

PUBLIC SERVICE VEHICLE LICENCES

ARTICLE 11

No person shall cause or permit a motor vehicle to be used on any road as an omnibus, a char-à-banc or a cab unless he is the holder of a licence (in this Law referred to as a “public service vehicle licence”) to use it as a vehicle of that class in accordance with the provisions of this Law:

Provided that:  -

(a)    a person who is the holder of a licence to use a vehicle as an omnibus may use it as a char-à-banc or as a cab, and a person who is the holder of a licence to use a vehicle as a char-à-banc may use it as a cab; and

(b)    in the case of a service of omnibuses, a vehicle licensed as a char-à-banc may be used on the service, if the Committee is of opinion that it may in any special circumstances, including the character of the service, properly be so used and consent in writing thereto.

[ARTICLE 12

(1)           The Committee may by order make provision with respect to the conditions as to fitness to be fulfilled in respect of public service vehicles in order to qualify them for the issue of a certificate under paragraph (1) of Article 13 of this Law, and different provisions may be made as respects different classes and descriptions of public service vehicles or as respects the same class or description of public service vehicles in different circumstances.

(2)           Every order made under this Article shall be laid before the States as soon as may be after it is made, and if the States, within the period of twenty-one days beginning with the day on which any such order is laid before them resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new order.

(3)           The Greffier of the States shall cause every order made under this Article to be printed and shall cause to be published in two newspapers circulating in the Island, one being a publication in French and the other a publication in English, a notice stating that the order has been made, the date of the coming into force thereof and the place at which printed copies thereof may be purchased.9

ARTICLE 13

(1)           Any person may, on payment of the appropriate fee, submit a vehicle for examination by the Inspector and if, after examination, the Inspector is satisfied that the vehicle complies with the relevant requirements of the orders for the time being in force under Article 12 of this Law, he shall issue in respect of the vehicle a certificate (in this Law referred to as a “certificate of fitness”) 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.

(2)           A certificate of fitness shall, unless previously revoked, continue in force for such period, not being less than six months or more than [seven years],10 as may be specified therein.

(3)           The Committee may at any time revoke a certificate of fitness, and, if on the inspection of a public service vehicle it appears to the Inspector that the vehicle does not comply with the requirements of any orders for the time being in force under Article 12 of this Law or is for any other reason unsuitable for use as a public service vehicle, he may suspend the certificate.

(4)           Where the Inspector suspends a certificate of fitness under paragraph (3) of this Article, he shall forthwith give notice of the suspension to the holder of the certificate and shall, within forty-eight hours, make a report in writing to the Committee, and the suspension shall continue in force until it is removed by the Committee.

ARTICLE 14

(1)           Public service vehicle licences shall be granted by the Committee subject to the payment of the appropriate fee and shall, unless previously revoked or cancelled, continue in force for one year from the date of the grant thereof:

[Provided that the Committee may at its absolute discretion refuse to grant public service vehicle licences in excess of such number as it may in all the circumstances consider desirable in relation to any class of public service vehicle.]11

(2)           A licence shall not be granted for the use of any vehicle as a public service vehicle of any class unless –

(a)    there is in force in respect of the vehicle a certificate of fitness appropriate to that class of vehicle;

(b)    the Committee is satisfied that the applicant is a fit and proper person to hold such a licence; and

(c)    the Committee is satisfied as to the manner in which the vehicle will be used.

(3)           On the grant of a public service vehicle licence, the Committee shall determine the maximum number of passengers which may be carried in the vehicle or in any part thereof, and for this purpose the Committee may divide passengers into classes according to age, and may make different computations in respect of different classes of passengers.

(4)           The Committee may by Act delegate to any one of its members all or any of its functions under this Article.

ARTICLE 15

(1)           The Committee may at any time suspend or revoke a public service vehicle licence if, having regard to the conduct of the holder of the licence or to the manner in which the vehicle is being used, it appears to the Committee that he is not a fit person to hold such a licence.

(2)           Where by reason of the suspension or revocation of a certificate of fitness, effluxion of time or otherwise, a vehicle ceases to be a vehicle in respect of which a certificate of fitness is in force, any public service vehicle licence granted in respect of the vehicle shall cease to have effect unless or until a new certificate of fitness is obtained.]12

ARTICLE 16

A Police or Traffic Officer shall at any time be entitled to enter and inspect any public service vehicle, and for that purpose may require any public service vehicle to be stopped, and may at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that a public service vehicle is kept, and if any person obstructs a Police or Traffic Officer in the performance of his duty, or, when required so to do, fails to stop the vehicle, he shall be guilty of an offence.

ARTICLE 17

(1)           It shall be the duty of the holder of a public service vehicle licence, on the happening to the vehicle in respect of which the licence was granted of any failure or damage of a nature calculated to affect the safety of the passengers or of persons using the road, as soon as may be to report the matter to the Committee.

(2)           It shall be the duty of the holder of a public service vehicle licence, on any alteration otherwise than by way of replacement of parts being made in the structure or fixed equipment of the vehicle, forthwith to give notice of the alteration to the Committee.

(3)           If any person fails to comply with the provisions of this Article, he shall be guilty of an offence.

ARTICLE 18

(1)           If on the inspection of a public service vehicle it appears to the Inspector that the vehicle, owing to any defects therein, is or is likely to become unfit for service until the defects have been remedied, he may provisionally suspend the public service vehicle licence in respect of the vehicle.

(2)           Where the Inspector suspends a licence under this Article, he shall forthwith give notice of the suspension to the licensee, and shall, within forty-eight hours, make a report in writing to the Committee, and the suspension shall continue in force until it is removed by the Committee.

ARTICLE 19

(1)           On the first issue of a public service vehicle licence in respect of any motor vehicle the Committee shall issue to the holder of the licence a plate (which shall remain the property of the Committee) bearing a distinguishing letter and number, and the holder of such licence shall cause such plate to be affixed in a conspicuous position outside on the back of the vehicle to which the licence relates, at a height not exceeding four feet measured from the ground to the top of the plate, and as close as may be to the near side of the vehicle.

(2)           The said plate shall at all times during which the licence is in force in respect of the vehicle be kept so affixed to the vehicle as aforesaid, and shall at all times be maintained in such condition and free from obstruction that every figure and letter thereon is easy legible. On the revocation or suspension of the licence or on the expiry of the licence unless a new licence has been granted for the vehicle, the plate shall be returned to the Committee forthwith. On the removal of a suspension the Committee shall return the plate to the holder of the licence.

(3)           If the plate has been lost or defaced the holder of the licence shall forthwith notify the Committee who, if satisfied that it has been so lost or defaced, shall issue a new plate. The holder shall at the same time[pay to the Treasurer of the States [such fee as the States may by Regulations specify]13 and]14 deliver the licence in respect of that vehicle to the Committee, who shall thereon endorse the letter and number of the fresh plate and return the licence to the holder.

(4)           If, during the currency of the licence, the holder thereof ceases to be the owner of the vehicle to which it relates, he shall forthwith notify the Committee and return the licence to them for cancellation.

(5)           If any person contravenes any of the provisions of this Article he shall be guilty of an offence.

ARTICLE 20

If any person causes or permits a motor vehicle to be used as a public service vehicle in contravention of the provisions of this Part of this Law he shall be guilty of an offence.

ARTICLE 21

If any person being the holder of a public service vehicle licence is aggrieved by the suspension of such licence by the Inspector, such person may appeal to the Committee from such decision of the Inspector.

 

ROAD SERVICE LICENCES

[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 terms 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 remunerative 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, 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.]15

* * * * * *¹⁵

 

DRIVER’S LICENCES

ARTICLE 35

(1)           A person shall not drive a public service vehicle on any road unless he is licensed for the purpose under this Law, and a person shall not employ any person who is not so licensed to drive.

(2)           A person shall be disqualified for obtaining a licence to drive a public service vehicle unless he is over the age of twenty-one years and fulfils the other conditions prescribed by the present Article:

Provided that the above-mentioned limit of age shall be dispensed with if the applicant shows to the satisfaction of the Committee that he was during the six months immediately preceding the coming into force of this Law, regularly employed as a driver of a public service vehicle.

(3)           Licences to drive a public service vehicle shall be in the form prescribed by Act of the Committee.

ARTICLE 36

[(1)          Every application for a licence to drive a public service vehicle shall be made to the Inspector on a form to be obtained from the Treasurer of the States on payment of the appropriate fee.]16

(2)           No licence shall be granted unless the Inspector is satisfied that the applicant is a fit person to be licensed, and for that purpose the Inspector shall require such person to produce his licence to drive granted under the Law for the time being in force with respect to the issue of such licences, and may require such person to produce a medical certificate that he is not suffering from any disease or physical disability likely to interfere with the efficient discharge of his duties as a driver, or to cause the driving by him of a public service vehicle to be a source of danger to the public, [and may, in addition, require him to provide facilities for a practical test of his ability to drive a public service vehicle or public service vehicles of a type or types in respect of which the application for a licence is made.]17

(3)           A licence to drive a public service vehicle may be limited to such type or types of vehicles as may be specified in the licence.

ARTICLE 37

(1)           A licence to drive a public service vehicle may at any time be provisionally suspended by the Inspector upon the ground that, by reason of his conduct or physical disability, the holder is not a fit person to hold such a licence.

(2)           Where the Inspector suspends a licence to drive under this Article he shall forthwith give notice of the suspension to the licensee and shall, within forty-eight hours, make a report in writing to the Committee, and the suspension shall continue in force until it is removed by the Committee.

(3)           In the event of the suspension or revocation of such licence the licensee shall send or deliver the licence to the Inspector for retention during the time of suspension or for cancellation, as the case may be. On the removal of a suspension the Inspector shall return the licence to the licensee.

ARTICLE 38

(1)           On the issue of a licence to drive a public service vehicle to any applicant the Inspector shall, unless the licensee is already in possession of a badge issued by him, issue to the licensee a badge (which shall remain the property of the Committee) bearing a distinguishing letter and number. The licence shall bear the letter and number of the badge.

(2)           The licensee shall wear the badge in a conspicuous position so that the distinguishing letter and number are easily legible at all times when engaged on the duties of a driver of a public service vehicle.

(3)           In the event of the suspension or revocation of a licence, or on the expiry of a licence unless a new licence has been granted, the licensee shall send or deliver the badge to the Inspector forthwith. On the removal of a suspension the Inspector shall return the badge to the licensee.

(4)           No badge shall be issued unless and until the applicant shall have deposited the sum of [five shillings]18 with the Treasurer of the States in respect thereof. On the licensee surrendering the badge to the Inspector, except in the case of a temporary surrender on the suspension of his licence, the Inspector shall authorise the Treasurer of the States in writing to return the said deposit to the licensee.

(5)           If a badge has been lost, destroyed or defaced the licensee shall forthwith notify the Inspector, and the Inspector, if satisfied that it has been so lost, destroyed or defaced, shall issue another badge to the licensee. The licensee shall at the same time send or deliver his licence to the Inspector who shall endorse upon the licence the letter and number of the fresh badge and return the licence to the licensee:

Provided that if the badge has been lost or defaced the deposit on that badge shall be forfeited by the licensee, and the fresh badge shall not be issued until a sum of [five shillings]¹⁸ has been deposited with the Treasurer of the States in respect thereof:

Provided also that in the case of a badge which has been defaced, a fresh badge shall be issued only after surrender of the original to the Inspector.

(6)           If a licensee fails to surrender a badge to the Inspector when called upon so to do, he shall forfeit the deposit.

ARTICLE 39

A licence to drive a public service vehicle shall, unless previously revoked or cancelled, continue in force:  -

(a)    in the case of a licence granted by the Inspector under this Part of this Law on or before the first day of January, 1936, for one year from the first day of January, 1936; and

(b)    in every other case, for one year from the date of the grant thereof.

ARTICLE 40

If, in contravention of this Part of this Law, any person drives* * * * *19 a public service vehicle, or if any person causes or permits any other person to drive* * * *¹⁹ a public service vehicle, such person shall be guilty of an offence.

ARTICLE 41

If any person, being an applicant for the grant of a licence to drive a public service vehicle, is aggrieved by the refusal of the Inspector to grant such licence, such person may appeal to the Committee from such decision of the Inspector. The decision of the Committee shall be final and without appeal.

 

MISCELLANEOUS

ARTICLE 42

With a view to protecting the public against the risks which arise in cases where the drivers of public service vehicles are suffering from excessive fatigue, the States shall by Regulation prescribe the periods of time during which any person may drive or cause or permit any person employed by him or subject to his orders to drive a public service vehicle:

Provided that different periods of time may be prescribed with respect to different classes of public service vehicles.

ARTICLE 43

(1)           On being required so to do by a Police or Traffic Officer, the holder of a public service vehicle licence, of a road service licence or of a licence to drive a public service vehicle shall produce his licence for examination:

Provided that if, within twenty-four hours after the production of the licence was so required, the licensee, in person or by means of some other person, produces the licence to such Police or Traffic Officer at such place as may be notified to him at the time its production was required, he shall not be convicted of an offence under this Article.

(2)           In the event of any one of the licences mentioned in paragraph (1) of this Article being revoked or suspended the holder thereof shall, within twenty-four hours after a notice to that effect has been delivered to him personally or delivered to him at his last known or registered address, send or deliver such licence to the Committee for retention during the time of suspension, or for cancellation, as the case may be, and the Committee shall, on the removal of a suspension, return the licence to the holder.

(3)           If any one of the licences mentioned in paragraph (1) of this Article has been lost, destroyed or defaced the holder thereof shall forthwith notify the Committee, who, if satisfied that it has been so lost, destroyed or defaced, shall issue a duplicate so marked, and the duplicate so issued shall have the same effect as the original licence:

Provided that in the case of a licence which has been defaced, the duplicate shall be so issued only after surrender of the original to the Committee.

(4)           If any person acts in contravention of or fails to comply with any of the requirements of this Article he shall be guilty of an offence.

ARTICLE 44

Notice shall forthwith be given to the Committee of –

(a)    the death of;

(b)    the appointment of a Curator 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 of a road service licence, and, if application for a new licence is made within fourteen days of such death or appointment, then:  -

(a)    the executor or other legal representative;

(b)    the Curator; or

(c)    the General Attorney, as the case may be,

of such person shall be deemed to be the holder of such licence as from the date of such death or of such appointment, as the case may be, for such period as shall be necessary to enable the application for a new licence to be dealt with:

Provided that such period shall in no case extend beyond the date on which such licence would have expired, if such holder had not died or if no such appointment had been made, and shall terminate immediately upon the grant or refusal of the new application.

ARTICLE 45

The States may make Regulations:  -

(a)    as to the conduct of passengers in public service vehicles; and

(b)    as to the conduct of persons licensed to act as drivers of public service vehicles when acting as such.

* * * * * *20

[ARTICLE 47

(1)           Any Committee of the States may fix stands for public service vehicles of any class or description on any property under its administration and the like power may be exercised by the Committee, with the approval of the Constable of any parish, in relation to any highway within the parish.

(2)           The States may make Regulations for determining the manner of using such stands and, in particular, but without prejudice to the generality of the foregoing, for restricting the use of any such stand or stands to cabs licensed under the Regulations, and any such Regulations may contain such incidental and supplementary provisions as appear to the States to be necessary for assuring an adequate service of cabs so licensed at reasonable charges.

(3)           Nothing in this Article shall derogate from the power of the States to grant concessions to the holders of public service vehicle licences for the use of any public property or any property under the control of the States as a station for vehicles to which those licences relate and to make charges for the grant of such concessions.]21

ARTICLE 48

It is hereby declared that nothing in this Law is to be treated as conferring on the holder of any licence granted under this Law any right to the continuance of any benefits arising from the provisions of this Law, or from any licence granted thereunder, or from any conditions attached to any such licence.

ARTICLE 49

Any contract for the conveyance of a passenger in a public service vehicle shall, so far as it purports to negative or to restrict the liability of any person in respect of any claim which 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 purports to impose any conditions with respect to the enforcement of any such liability, be void.

[ARTICLE 49 A

The States shall by Regulations prescribe the appropriate fees payable for the examination of vehicles under Article 13 of this Law and for the grant or renewal of licences under [Article 14]22]23

PART III

GENERAL

ARTICLE 50

(1)           If, with intent to deceive, any 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

(b)    makes or has in his possession any document so closely resembling such a licence as to be calculated to deceive,

he shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred pounds sterling, or to both such imprisonment and fine.

(2)           If any person for the purpose of obtaining the grant of any licence to himself or to any other person knowingly makes any false declaration, he shall be liable to a fine not exceeding fifty pounds sterling or to imprisonment for a term not exceeding six months, or to both such imprisonment and fine.

ARTICLE 51

A person guilty of an offence under this Law for which no special penalty is provided shall be liable, in the case of the first offence, to a fine not exceeding ten pounds sterling, or to imprisonment for a term not exceeding one month, and in the case of a second or subsequent conviction, to a fine not exceeding fifty pounds sterling or to imprisonment for a term not exceeding three months.

ARTICLE 52

The Treasurer of the States shall, as and when he receives the same, credit to the General Revenues of the States all monies received by him under this Law, save and except the sums mentioned in Article 38(4) which said sums he shall credit to a special account.

ARTICLE 53

With the exception of fines inflicted under Article 50, which fines shall be awarded for the benefit of His Majesty, all fines inflicted under this Law shall belong to the General Revenues of the States.

ARTICLE 54

(1)           The States may make Regulations for any purpose for which Regulations may be made under this Law,* * * * * * * *24 and generally for the purpose of carrying this Law into effect.

(2)           Regulations made by the States under this Article shall remain in force until amended or repealed.

[(3)          Regulations made by the States under this Law may provide for the recovery of monetary penalties in respect of any offence under this Law, being a contravention of or failure to comply with regulations, so, however, that such penalties shall not exceed ten pounds for each offence or, where the offence consists of continuing such contravention or failure after conviction thereof, ten pounds together with a further ten pounds for each day on which it is so continued.]25

ARTICLE 55

(1)           The prohibition contained in Article 11 shall come into force sixty days after the day of the promulgation of this Law, and the Committee shall, within the said period of sixty days, make all arrangements necessary for the grant of public service vehicle licences in respect of such motor vehicles as are entitled, in accordance with the provisions of this Law, to receive the same.

(2)           The prohibition contained in Article 22(2) shall come into force sixty days after the day of the promulgation of this Law, and the Committee shall, within the said period of sixty days, make all arrangements necessary for hearing and determining applications for the grant of road service licences.

(3)           The prohibition contained in Article 35 shall come into force sixty days after the day of the promulgation of this Law, and the Committee shall, within the said period of sixty days, make all arrangements necessary for the grant of licences to drive a public service vehicle to such applicants as are entitled, in accordance with the provisions of this Law, to receive the same.

ARTICLE 56

All Laws, Customs and Regulations contrary to this Law are and shall remain repealed as from the coming into force of this Law.

ARTICLE 57

This Law may be cited as the Motor Traffic (Jersey) Law, 1935.