Jersey Law 13/1957

MOTOR TRAFFIC (AMENDMENT No. 6) (JERSEY) LAW, 1957.

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A LAW    to amend the Motor Traffic (Jersey) Law, 1935, sanctioned by Order of Her Majesty in Council of the

29th day of APRIL, 1957.

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(Registered on the 18th day of May, 1957).

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STATES OF JERSEY.

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The 14th day of February, 1957.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

(1)           For Articles 12, 13, 14 and 15 of the Motor Traffic (Jersey) Law, 1935,1 as amended,2 (hereinafter referred to as “the principal Law”), there shall be substituted the following Articles –

“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.

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 eighteen months, 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.

(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.”

(2)           In Article 9 of the principal Law,3 immediately after the word “Regulations” there shall be inserted the words “and Orders”.

ARTICLE 2

For Article 49A of the principal Law,4 there shall be substituted the following Article –

“ARTICLE 49A

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 Articles 14, 24 and 26 of this Law.”

ARTICLE 3

(1)           This Law may be cited as the Motor Traffic (Amendment No. 6) (Jersey) Law, 1957, and this Law and the Motor Traffic (Jersey) Laws, 1935 to 1955, may be cited together as the Motor Traffic (Jersey) Laws, 1935 to 1957.

(2)           This Law shall come into force on the first day of January, 1958.

(3)           The Public Service Vehicles (Construction and Equipment) (Jersey) Regulations, 1951,5 and the Public Service Vehicles (Construction and Equipment) (Amendment) (Jersey) Regulations, 1956,6 are hereby repealed.

(4)           In relation to public service vehicle licences subsisting immediately before the coming into force of this Law, the principal Law, save insofar as it provides for the renewal of such licences, shall continue to have effect as if this Law had not been passed.

To be printed, published and posted.

F. DE L. BOIS,

Greffier of the States.