Jersey Law 19/1962
ROAD TRAFFIC (MISCELLANEOUS PROVISIONS) (JERSEY) LAW, 1962.
____________
A LAW to
amend in various respects the Laws relating to road traffic and, in particular,
to increase the deterrents to the commission of offences, to provide a greater
measure of safety to users of the road, to facilitate the flow of traffic and
to establish uniformity in the administration of the Law, sanctioned by Order
of Her Majesty in Council of the
24th day of
AUGUST, 1962.
____________
(Registered on the 12th day of September, 1962).
____________
STATES OF JERSEY.
____________
The 16th day of March, 1961.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
PART I
AMENDMENTS OF THE ROAD TRAFFIC
(JERSEY) LAW, 1956
ARTICLE 1
(1) In
paragraph (1) of Article 1 of the Road Traffic (Jersey) Law, 1956, as amended
(hereinafter referred to as “the principal Law”), immediately after
the definition of “driver” there shall be inserted the following
definition –
“ ‘highway authority’ has the same meaning as in
the Highways (Jersey) Law, 1956 ;”
immediately after the definition of “motoring offence”
there shall be inserted the following definition –
“ ‘omnibus’ has the meaning assigned thereto by
the Motor Traffic (Jersey) Law, 1935;”
immediately after the definition of “road” there shall
be inserted the following definition –
“ ‘statutory’, in relation to any prohibition,
restriction, requirement or provision, means contained in, or having effect
under, any enactment ;”
and for the definition of “traffic sign” there shall be
substituted the following definition –
“ ‘traffic sign’ means any object or device
(whether fixed or portable) for conveying warnings, information, requirements,
restrictions or prohibitions of any description prescribed or authorized under
paragraph (2) of Article 35 of this Law to traffic on roads or any specified
description of traffic, and any line or mark on a road for conveying such
warnings, information, requirements, restrictions or prohibitions;”.
(2) At
the end of the said Article 1 there shall be inserted the following paragraphs
–
“(4) References
in this Law to the erection or placing of traffic signs shall include
references to the display thereof in any manner, whether or not involving
fixing or placing.
(5) For
the purposes of this Law, a document in the prescribed form containing a
licence issued under Article 3 of this Law and a provisional licence issued
under Article 6 of this Law shall, so long as the two licences do not relate to
vehicles of the same class or description, be treated as a single
licence.”
(3) Paragraph
(5) of Article 34 of the principal Law is hereby
repealed.
ARTICLE 2
(1) For
Article 2 of the principal Law there
shall be substituted the following Article –
“ARTICLE
2
INTERPRETATION OF EXPRESSIONS RELATING TO
MOTOR VEHICLES
(1) In
this Law, except in so far as the contrary is expressly provided or the context
otherwise requires –
‘heavy motor car’ means a mechanically propelled
vehicle which is constructed itself to carry a load or passengers and the
weight of which unladen exceeds two tons and a half ;
‘heavy motor cycle’ means a mechanically propelled
vehicle (not being a light motor cycle or invalid carriage) with less than four
wheels and the weight of which unladen does not exceed eight hundredweight ;
‘invalid carriage’ means a mechanically propelled
vehicle the weight of which unladen does not exceed five hundredweight and
which is specifically designed and constructed, and not merely adapted, for the
use of persons suffering from some physical defect or disability and is used
solely by such persons ;
‘light motor cycle’ means a mechanically propelled
vehicle (not being an invalid carriage) with less than four wheels, the weight
of which unladen does not exceed three hundredweight and the cylinder capacity
of the engine of which does not exceed two hundred cubic centimetres ;
‘motor car’ means a mechanically propelled vehicle (not
being a heavy motor cycle, light motor cycle or invalid carriage) which is
constructed itself to carry a load or passengers and the weight of which
unladen does not exceed two tons and a half ;
‘motor cycle’ means a heavy motor cycle or a light
motor cycle ;
‘motor vehicle’ means any mechanically propelled
vehicle intended or adapted for use on roads ;
‘tractor’ means a mechanically propelled vehicle which
is 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.
(2) For
the purposes of this Law –
(a) in
any case where a motor vehicle is so constructed that a trailer may by partial
superimposition be attached to the vehicle in such manner as to cause a
substantial part of the weight of the trailer to be borne by the vehicle, that
vehicle shall be deemed to be a vehicle itself constructed to carry a load ;
and
(b) in
the case of a motor vehicle fitted with a crane, dynamo, welding plant or other
special appliance or apparatus which is a permanent or essentially permanent
fixture, the appliance or apparatus shall not be deemed to constitute a load,
but shall be deemed to form part of the vehicle ; and
(c) a
side car attached to a motor cycle shall, if it complies with the prescribed
conditions, be regarded as forming part of the vehicle to which it is attached
and not as being a trailer :
Provided that this sub-paragraph shall not apply in computing the
weight of a light motor cycle for the purposes of the definition thereof in
paragraph (1) of this Article.”
(2) In
paragraph (1) of Article 1 of the principal Law, the
definition of “motor vehicle” shall be deleted.
ARTICLE 3
Immediately after Article 2 of the principal Law, there shall be inserted the following Article
–
“ARTICLE
2A
APPLICATION OF LAW IN RELATION TO
PEDESTRIAN-CONTROLLED VEHICLES
(1) A
mechanically propelled vehicle to which this Article applies shall, for the
purposes of this Law, be treated as not being a motor vehicle.
(2) This
Article applies –
(a) to any
implement for cutting grass which is controlled by a pedestrian and is not
capable of being used or adapted for any other purpose ;
(b) to
such other vehicles controlled by pedestrians as may be prescribed.
(3) In
paragraph (2) of this Article, ‘controlled by a pedestrian’ means
that the implement or vehicle either –
(a) is
constructed or adapted for use only under such control ; or
(b) is
constructed or adapted for use either under such control or under the control
of a person on it but is not for the time being in use under, or proceeding
under, the control of a person carried on it.”
ARTICLE 4
(1) For
paragraph (1) of Article 4 of the principal Law there
shall be substituted the following paragraphs –
“(1) A
licence (other than a provisional licence) shall not be granted to any
applicant unless he satisfies the licensing authority that he has, within the
five years immediately preceding the date of the application for the licence,
either –
(a) passed
a test prescribed under this Article (in this Law referred to as a ‘prescribed
test’) showing him to be competent to drive vehicles of the class or
description which he would be authorized by the licence applied for to drive ;
(b) held
a licence (not being a provisional licence or a licence granted by virtue of
paragraph (4) of this Article) authorizing him to drive vehicles of that class
or description ; or
(c) held
a domestic driving permit issued in a country to which this sub-paragraph
applies authorizing him to drive vehicles of that class or description in that
country, and is not, at the time of the application for the licence,
disqualified under the law of that country for holding or obtaining a licence
thereunder to drive vehicles of any class or description.
(1A) Sub-paragraph
(c) of paragraph (1) of this Article
shall apply to such countries outside the Island as the Committee may by order
prescribe, and any order made under this paragraph may provide that, in
relation to domestic driving permits issued in any such country, the said
paragraph (1) shall have effect as if –
(a) for
the period of five years referred to therein there were substituted a lesser
period ; or
(b) or
the condition that the applicant has held a domestic driving permit within the
said period of five years there were substituted a condition that he holds a
valid domestic driving permit at the date of the application for the
licence.”
(2) At
the end of the said Article 4 there shall be inserted the following paragraph
–
“(6) In
this Article, ‘domestic driving permit’, in relation to any country
outside the Island, means a document issued under the law of that country and
authorizing the holder to drive motor vehicles, or a specified class or
description of motor vehicles, in that country, but excludes any such document
which corresponds to a provisional licence.”
ARTICLE 5
In paragraph (2) of Article 5 of the principal Law, for the words “from the declaration it
appears” there shall be substituted the words “it appears from the
declaration, or if on enquiry into other information the licensing authority is
satisfied”.
ARTICLE 6
(1) For
Article 8 of the principal Law there
shall be substituted the following Article –
“ARTICLE
8
DISQUALIFICATION FOR OFFENCES AND
ENDORSEMENT OF CONVICTIONS
(1) Subject
to the provisions of this Law, a court before which a person is convicted of
any offence specified in the First Schedule to this Law (such offence being a
motoring offence) –
(a) may,
except where otherwise expressly provided by this Law or any other enactment,
order him to be disqualified for holding or obtaining a licence for such period
as the court thinks fit ; and
(b) may
order that particulars of the conviction and of any disqualification to which
the convicted person has become subject shall be endorsed on any licence held
by the offender.
(2) Where
a person is, by virtue of a conviction or an order made on a conviction,
disqualified for holding or obtaining a licence, particulars of the conviction
and the disqualification shall be endorsed on any licence held by the offender.
(3) A
person who by virtue of a conviction or an order made on a conviction is
disqualified for holding or obtaining a licence may appeal against the
disqualification in the same manner as against a conviction, and a court before
whom a person is convicted of an offence whereby he is so disqualified (whether
by virtue of the conviction or an order) may, if it thinks fit, pending the
appeal against the conviction or order, suspend the disqualification”.
(2) The
First Schedule to this Law shall be inserted as the First Schedule to the
principal Law.
ARTICLE 7
(1) In
paragraph (1) of Article 9 of the principal Law, for the
words “order under this Law” there shall be substituted the words
“an order made on a conviction”.
(2) In
paragraph (3) of the said Article 9, the words “or limit the
disqualification to the driving of a motor vehicle of the same class or
description as the vehicle in relation to which the offence was
committed” and the words “or limited” shall be deleted.
(3) For
paragraph (5) of the said Article 9 there shall be substituted the following
paragraph –
“(5) In
calculating the period for which a person is, by virtue of a conviction or an
order made on a conviction, disqualified for holding or obtaining a licence, or
the time after which a person may apply under this Article for the removal of
such a disqualification, any time after the conviction during which he was not
disqualified shall be disregarded.”
ARTICLE 8
For Article 10 of the principal Law there
shall be substituted the following Article –
“ARTICLE
10
PROVISIONS AS TO ENDORSEMENTS
(1) A
requirement of this Law or of an order made by a court thereunder that the
particulars of any conviction or of any disqualification to which the convicted
person has become subject are to be endorsed on any licence held by the
offender shall, whether the offender is at the time the holder of a licence or
not, operate as a requirement or order that any licence he may then hold or may
subsequently obtain, shall be so endorsed until he becomes entitled under the
provisions of this Article to have a licence issued to him free from
endorsement.
(2) Where
any licence held by an offender is, by this Law or an order made by a court
thereunder, required to be endorsed then –
(a) if
the offender is at the time the holder of a licence, he shall, within three
days or such longer time as the court may determine, produce the licence to the
Judicial Greffier for the purpose of endorsement; and
(b) if he
is not then the holder of a licence, but subsequently obtains a licence, he
shall within three days after so obtaining the licence produce it to the
Judicial Greffier for the purpose of endorsement;
and, if he fails to do so, he shall be guilty of an offence; and if
the licence is not produced for the purpose of endorsement within such time as
aforesaid, it shall be suspended from the expiration of such time until it is
produced for the purpose of endorsement.
(3) On
the issue of a new licence to any person, the particulars endorsed on any
previous licence held by him shall be copied on to the new licence unless he
has previously become entitled under the provisions of this Article to have a
licence issued to him free from endorsement.
(4) If
any person, whose licence has been required or ordered to be endorsed and who
has not previously become entitled under the provisions of this Article to have
a licence issued to him free from endorsement, applies for or obtains a licence
without giving particulars of the requirement or order, he shall be liable to
imprisonment for a term not exceeding six months or to a fine not exceeding one
hundred pounds, and any licence so obtained shall be of no effect.
(5) Where
a person, whose licence has been endorsed by virtue of a conviction or an order
made on a conviction, has during a continuous period of three years or upwards
since the date of the conviction or order not been the subject of a conviction
or order having the like effect, he shall be entitled, either on applying for
the grant of a licence or, on the payment of a fee of two shillings and
sixpence and on the surrender of any subsisting licence, on application at any
time, to have issued to him a new licence free from endorsement:
Provided that, in reckoning the said continuous period of three
years, any period during which the applicant was by virtue of the conviction or
order disqualified for holding or obtaining a licence shall be excluded.
(6) Where
by a conviction or an order made on a conviction a person is disqualified for
holding or obtaining a licence, the licence shall be retained by the Judicial
Greffier until the disqualification has expired or been removed and the person
entitled to the licence has made a demand for its return to him.”
ARTICLE 9
For Article 12 of the principal Law there
shall be substituted the following Article –
“ARTICLE
12
RULE OF THE ROAD
(1) The
rule of the road is (except where it is otherwise provided by or under this Law
or any other enactment) that vehicles shall keep as near as practicable to the
left or near side of the carriage-way and shall, when overtaking another
vehicle proceeding in the same direction, pass to the right or offside of that
vehicle unless the driver thereof has signalled his intention to turn or move
to the right; the same rule applies to animals being ridden, led or driven.
(2) A
failure on the part of any person to observe the rule of the road shall not of
itself render that person liable to criminal proceedings of any kind, but any
such failure may in any proceedings (whether civil or criminal, and including
proceedings for an offence under this Law) be relied upon by any party to the
proceedings as tending to establish or to negative any liability which is in
question in those proceedings.”
ARTICLE 10
(1) Immediately
after Article 13 of the principal Law there
shall be inserted the following Article –
“ARTICLE
13A
LIMITATION OF SPEED
(1) Subject
to the provisions of this Article, if any person drives –
(a) a
motor vehicle of any class or description on a road at a speed greater than the
speed specified in the Second Schedule to this Law as the maximum speed in
relation to a vehicle of that class or description;
(b) a
motor vehicle of any class or description at a speed exceeding twenty miles an
hour on a road specified in an order as a road to which this sub-paragraph
applies;
he shall be liable, in the case of a first offence, to a fine not
exceeding twenty pounds and, in the case of a second or subsequent conviction,
to a fine not exceeding fifty pounds.
(2) A
person prosecuted for driving a motor vehicle of any class or description on a
road at a speed exceeding the speed limit imposed by or under this Article in
relation to a vehicle of that class or description shall not be liable to be
convicted solely on the evidence of one witness to the effect that in the
opinion of the witness the person prosecuted was driving the vehicle at a speed
exceeding that limit.
(3) The
provisions of this Article shall not apply to any vehicle on any occasion when
it is being used for fire service, ambulance or police purposes, if the
observance of those provisions would be likely to hinder the use of the vehicle
for the purpose for which it is being used on that occasion.
(4) If
any person aids, abets, counsels or procures any person (being a person who is
employed by him to drive, or is subject to his orders in driving, a motor
vehicle on a road) to commit an offence under this Article, he shall be liable,
in the case of a first offence, to a fine not exceeding fifty pounds and, in
the case of a second or subsequent conviction, to a fine not exceeding one
hundred pounds or to imprisonment for a term not exceeding three months or to
both such fine and imprisonment.
(5) If
a person who employs other persons to drive motor vehicles on roads publishes
or issues any time table or schedule or gives any directions, under which any
journey or stage or part of any journey is to be completed within some
specified time and it is not practicable in the circumstances of the case for
that journey or that stage or part of the journey to be completed in the
specified time without an infringement of the provisions of this Article, the
publication or issue of the said time table or schedule or the giving of the
directions may be produced as prima facie
evidence that the employer procured or incited the persons employed by him to
drive the vehicles to commit an offence under this Article.”
(2) The
Second Schedule to this Law shall be inserted as the Second Schedule to the
principal Law.
(3) The
Road Traffic (Speed Limit) (Jersey) Regulations, 1959, are hereby repealed.
ARTICLE 11
(1) For
Article 14 of the principal Law there
shall be substituted the following Article –
“ARTICLE
14
RECKLESS OR DANGEROUS DRIVING
(1) If
any person drives a vehicle or rides an animal on a road or other public place
recklessly, or at a speed or in a manner which is dangerous to the public,
having regard to all the circumstances of the case, including the nature,
condition and use of the road or place, and the amount of traffic which is
actually at the time, or which might reasonably be expected to be, on the road
or place, he shall be guilty of an offence under this Article.
(2) A
person guilty of an offence under this Article, such offence being a motoring
offence, shall be liable –
(a) in
the case of a first offence, to a fine not exceeding one hundred pounds or to
imprisonment for a term not exceeding four months or to both such fine and
imprisonment; and
(b) in
the case of a second or subsequent conviction, to a fine not exceeding five
hundred pounds or to imprisonment for a term not exceeding two years or to both
such fine and imprisonment.
(3) A
person guilty of an offence under this Article, such offence not being a
motoring offence, shall be liable –
(a) in
the case of a first offence, to a fine not exceeding thirty pounds; and
(b) in
the case of a second or subsequent conviction, to a fine not exceeding thirty
pounds or to imprisonment for a term not exceeding three months.
(4) Particulars
of any conviction for a motoring offence under this Article shall be endorsed
on any licence held by the person convicted.
(5) On
a second or subsequent conviction for a motoring offence under this Article,
the court shall exercise the power conferred by this Law of ordering that the
offender shall be disqualified for holding or obtaining a licence unless the
court, by reason of three years or more having elapsed since the date of the
previous or last previous conviction or for any other special reason, thinks
fit to order otherwise, but this provision shall not be construed as affecting
the right of the court to exercise the power aforesaid on a first conviction.
The disqualification required to be imposed by this paragraph shall
be for a period of not less than twelve months unless more than three years
have elapsed since the offender’s last conviction under this
Article.”
(2) In
the head-note to Article 19 of the principal Law, for the word “dangerous” there shall
be substituted the words “reckless or dangerous”.
ARTICLE 12
For Article 15 of the principal Law there shall
be substituted the following Article –
“ARTICLE
15
CARELESS DRIVING
(1) If
any person drives a vehicle, or rides, leads or drives an animal, on a road
without due care and attention or without reasonable consideration for other
persons using the road, he shall be guilty of an offence under this Article.
(2) A
person guilty of an offence under this Article, such offence being a motoring
offence, shall be liable –
(a) in
the case of a first offence, to a fine not exceeding forty pounds; and
(b) in
the case of a second or subsequent conviction, to a fine not exceeding eighty
pounds or to imprisonment for a term not exceeding three months or to both such
fine and imprisonment.
(3) A
person guilty of an offence under this Article, such offence not being a motoring
offence, shall be liable –
(a) in
the case of a first offence, to a fine not exceeding ten pounds; and
(b) in
the case of a second or subsequent conviction, to a fine not exceeding twenty
pounds.”
ARTICLE 13
(1) In
paragraph (1) of Article 16 of the principal Law, sub-paragraphs (a) and (b) shall be
deleted and for the word “liable” there shall be substituted the
words “guilty of an offence under this Article:”.
(2) Immediately
after paragraph (1) of the said Article 16 there shall be inserted the
following paragraphs –
“(1A) A
person guilty of an offence under this Article, such offence being a motoring
offence, shall be liable –
(a) in
the case of a first offence, to a fine not exceeding one hundred pounds or to
imprisonment for a term not exceeding four months or to both such fine and
imprisonment ; and
(b) in
the case of a second or subsequent conviction, to a fine not exceeding five
hundred pounds or to imprisonment for a term not exceeding two years or to both
such fine and imprisonment.
(1B) A
person guilty of an offence under this Article, such offence not being a
motoring offence, shall be liable –
(a) in
the case of a first offence, to a fine not exceeding thirty pounds ; and
(b) in
the case of a second or subsequent conviction, to a fine not exceeding thirty
pounds or to imprisonment for a term not exceeding three months.”
ARTICLE 14
For Article 17 of the principal Law there
shall be substituted the following Article –
“ARTICLE
17
POWER TO ORDER OFFENDERS TO BE TESTED
(1) On
the conviction of the holder of a licence (other than a provisional licence)
for a motoring offence under Article 14, 15 or 16 of this Law –
(a) where
the court makes an order disqualifying him for holding or obtaining a licence,
or where he is so disqualified by virtue of the conviction, then, at the end of
the period of disqualification, he shall be disqualified for holding or
obtaining a licence (other than a provisional licence) until he has, since the
end of that period, passed the prescribed test ; and
(b) in
any other case, the court may make an order disqualifying him for holding or
obtaining a licence (other than a provisional licence) until he has, since the
date of the conviction, passed the prescribed test.
(2) The
provisions of this Law which have effect where a person is disqualified for
holding or obtaining a licence by virtue of a conviction or order shall have
effect in relation to a disqualification having effect by virtue of paragraph
(1) of this Article subject to the following modifications –
(a) paragraph
(3) of Article 9 shall not apply, but the disqualification shall be deemed to
have expired on production to the Judicial Greffier of evidence in the
prescribed form that the person disqualified has, since the order was made,
passed the prescribed test ;
(b) on
the return to the person disqualified of any licence held by him, or on the
issue to him of a licence, there shall be added to the endorsed particulars of
the disqualification a statement that the person disqualified has passed the
prescribed test.”
ARTICLE 15
In paragraph (1) of Article 20 of the principal Law, for the words “he shall be liable to a fine
not exceeding five pounds :” there shall be substituted the words
“he shall be liable, in the case of a first offence, to a fine not
exceeding five pounds and, in the case of a second or subsequent conviction, to
a fine not exceeding ten pounds :”.
ARTICLE 16
In paragraph (1) of Article 29 of the principal Law, for the word “five” there shall be
substituted the word “two”.
ARTICLE 17
For Article 30 of the principal Law there
shall be substituted the following Article –
“ARTICLE
30
PROHIBITION ON LEAVING OF VEHICLES ON
ROADS IN POSITIONS LIKELY TO CAUSE DANGER OR OBSTRUCTION
(1) It
shall not be lawful for any person in charge of a vehicle to cause or permit
the vehicle or any trailer drawn thereby to remain at rest on a road –
(a) in
such a position as to cause any unnecessary obstruction thereof ; or
(b) in
such a position or such condition or in such circumstances as to be likely to
cause danger to other persons using the road :
Provided that a person shall not be convicted of an offence under
this Article if he proves to the satisfaction of the court that the vehicle or
trailer was at rest on the road in compliance with the requirements of Article
27 of this Law or for the purpose of saving life or extinguishing fire or
meeting any other like emergency.
(2) If
any person acts in contravention of –
(a) sub-paragraph
(a) of paragraph (1) of this Article,
he shall be liable, in the case of a first offence, to a fine not exceeding two
pounds and, in the case of a second or subsequent conviction, to a fine not
exceeding ten pounds ;
(b) sub-paragraph
(b) of the said paragraph (1), he
shall be liable, in the case of a first offence, to a fine not exceeding two
pounds and, in the case of a second or subsequent conviction, to a fine not
exceeding twenty-five pounds.”
ARTICLE 18
For Article 31 of the principal Law there
shall be substituted the following Article –
“ARTICLE
31
POWER TO MAKE PROVISION WITH REGARD TO
REMOVAL OF VEHICLES FROM ROADS, ETC
(1) Provision
may be made by order –
(a) in
relation to the removal from roads and the safe custody, or to the removal from
one position on a road to another position on that or another road, of vehicles
which have broken down, or which have been permitted to remain at rest on a
road in contravention of any statutory prohibition or restriction or in such a
position or in such condition or in such circumstances as to be likely to cause
danger or obstruction to other persons using the road, or as appear to have
been abandoned, and of the loads carried thereby ; and
(b) for
the recovery of any expenses reasonably incurred by any public or parochial
authority in the execution of the order.
(2) In
this Article, ‘road’ includes any land under the administration of
any public or parochial authority, and the power to make orders under this
Article shall include a power to make orders in relation to vehicles which are
not authorized to be on any such land.”
ARTICLE 19
Immediately after Article 32 of the principal Law there shall be inserted the following Articles
–
“Public
parking places
ARTICLE
32A
COMPULSORY ACQUISITION OF LAND FOR
PROVISION OF PARKING PLACES
(1) Where
it appears to the States that any land should be acquired by the public of the
Island for the purpose of providing suitable places for the parking of
vehicles, it shall be lawful for the States to acquire such land by compulsory
purchase on behalf of the public in accordance with the provisions of the
Compulsory Purchase of Land (Procedure) (Jersey) Law, 1953, and, in relation to the acquisition of any land as
aforesaid, the Committee shall be the acquiring authority within the meaning of
the said Law.
(2) In
this Article, ‘land’ has the same meaning as in the Compulsory
Purchase of Land (Procedure) (Jersey) Law, 1953.28
ARTICLE
32B
ORDERS WITH REGARD TO PUBLIC PARKING
PLACES
(1) Provision
may be made by order as to the use of any public parking place and, in
particular, as to the vehicles or classes or descriptions of vehicle which may
be entitled to use the parking place, as to the conditions on which the parking
place may be used, and as to the charges (if any) to be paid in connexion with
the use of the parking place.
(2) A
copy of any order in force by virtue of this Article in relation to any public
parking place shall be exhibited on or near the parking place.
(3) Orders
under this Article may provide for imposing fines not exceeding five pounds in
respect of breaches thereof.
(4) In
this Article, ‘public parking place’ means a place, not being part
of a road, for the parking of vehicles or vehicles of any class or description,
under the administration of any public or parochial authority.”
ARTICLE 20
For Article 33 of the principal Law there
shall be substituted the following Article –
“ARTICLE
33
POWER TO RESTRICT USE OF ROADS BY
VEHICLES
(1) Subject
to the provisions of this Article, where, as regards any road, it appears to
the Committee after consultation with the Constable of the parish in which the
road is situated that it is expedient so to do –
(a) for
avoiding danger to persons or other traffic using the road or any other road ;
or
(b) for
preventing damage to the road or to any building on or near the road ; or
(c) for
facilitating the passage of vehicular traffic on the road or any other road ;
or
(d) for
preventing the use of the road by vehicular traffic of a kind which, or the use
thereof by such traffic in a manner which, is unsuitable having regard to the
existing character of the road or adjoining property ; or
(e) without
prejudice to the generality of sub-paragraph (d) of this paragraph, for preserving the character of the road in a
case where it is specially suitable for use by persons on horseback or on foot ;
the Committee may make orders prohibiting, restricting or
regulating the use of the road or any part of the width thereof by vehicular
traffic or by such traffic of any class or description specified in the orders,
either generally or subject to exceptions so specified, and either at all times
or at times, on days or during periods so specified, and, without prejudice to
the generality of the provisions of this paragraph –
(i) requiring
such traffic to proceed in a special direction or prohibiting its so proceeding
;
(ii) specifying
the part of the carriageway to be used by such traffic proceeding in a
specified direction ;
(iii) prohibiting
or restricting the waiting of vehicles or the loading or unloading of vehicles
;
(iv) prohibiting
the use of roads by through traffic ;
(v) prohibiting
or restricting overtaking ;
(vi) authorizing
the use without charge (but subject to such conditions, if any, as may be
specified in the order) of any part of a road as a parking place for vehicles,
or for vehicles of such classes or descriptions as may be specified in the
order.
(2) No
order shall be made under paragraph (1) of this Article with respect to any
road which would have the effect of preventing such access as may be reasonably
required for vehicles of any class or description to any premises situated on
or adjacent to the road and, for the purposes of this paragraph –
(a) premises
shall be treated as adjacent to a road, whatever their distance therefrom, if
they are accessible for vehicles of that class or description from, and only
from, that road ;
(b) a
restriction on the loading or the unloading of goods shall in no circumstances
be treated as preventing such access as may be reasonably required if the
restriction does not prevent loading or unloading for more than six hours in
all in any consecutive period of twenty-four hours.
(3) No
prohibition or restriction on waiting imposed under the powers conferred by
paragraph (1) of this Article shall apply to any omnibus.
(4) Any
person who uses a vehicle or causes or permits a vehicle to be used in
contravention of any order made under this Article shall be liable, in the case
of a first offence, to a fine not exceeding two pounds, and, in the case of a
second or subsequent conviction, to a fine not exceeding ten pounds.”
ARTICLE 21
For Article 35 of the principal Law there
shall be substituted the following Article –
“ARTICLE
35
ERECTION OF TRAFFIC SIGNS
(1) The
Committee may, and in such cases as may be required by or under this Law shall,
cause traffic signs to be placed on or near any road and, subject to and in
conformity with such directions as may be given by the Committee, may permit
traffic signs to be so placed.
(2) The
Committee shall cause traffic signs to be placed on or near the roads to which
any order made under Article 13A or 33 of this Law relates in such manner as to
indicate the requirement of the order.
(3) Traffic
signs shall be of the prescribed size, colour and type except where the
Committee authorizes the erection or retention of a sign of another character,
and any order prescribing the size, colour or type of traffic signs may attach
a significance to a sign which, for the purposes of this Law, shall be deemed
to be the indication given by the sign.
(4) For
the purposes of paragraph (3) of this Article, illumination, whether by
lighting or by the use of reflectors or reflecting material, or the absence of
such illumination, shall be part of the type of the sign.
(5) The
Committee may by notice in writing require the owner or occupier of any land on
which there is any object or device (whether fixed or portable) for the
guidance or direction of persons using roads to remove it, and if any person
fails to comply with such a notice the Committee may itself cause the removal to
be effected, doing as little damage as may be, and may recover summarily as a
civil debt from the person so in default the expense incurred in so doing.
(6) Any
person authorized by the Committee may, on production if so required of
evidence of his authority, enter on any land and exercise such other powers as
may be necessary for the purpose of the exercise and performance of its powers
and duties under this Article.”
ARTICLE 22
Immediately after Article 35 of the principal Law there shall be inserted the following Article
–
“ARTICLE
35A
TEMPORARY SIGNS FOR DEALING WITH TRAFFIC
CONGESTION OR DANGER
(1) A
police officer may place on any road, or on any structure on any road, traffic
signs of any size, colour or type prescribed or authorized under Article 35 of
this Law, being signs indicating prohibitions, restrictions or requirements
relating to vehicular traffic, as may be necessary or expedient to prevent or
mitigate congestion or obstruction of traffic, or danger to or from traffic, in
consequence of extraordinary circumstances.
(2) The
power to place signs conferred by this Article shall include power to maintain
any sign for a period of seven days or less from the time when it is placed,
but no longer.”
ARTICLE 23
In paragraphs (1) and (3) of Article 36 of the principal Law, for the words “prescribed size, colour and
type” there shall be substituted the words “size, colour or type
prescribed or authorized under Article 35 of this Law”.
ARTICLE 24
In paragraphs (1) and (2) of Article 41 of the principal Law, immediately after the words “this Law”
there shall be inserted the words “or of the Road Transport Lighting
(Jersey) Law, 1956,”.
ARTICLE 25
In Article 42 of the principal Law, the
proviso to paragraph (1) shall be deleted, and for paragraphs (2) and (3) of
the said Article 42 there shall be substituted the following paragraph –
“(2) The
Subordinate Legislation (Jersey) Law, 1960, shall
apply to orders made under this Law.”
ARTICLE 26
For Article 49 of the principal Law there
shall be substituted the following Article –
“ARTICLE
49
POWER OF STATES TO MAKE REGULATIONS
(1) Nothing
in this Law shall be construed as derogating in any way from the powers
conferred on the States by the Order in Council of the twenty-sixth day of
December, 1851, to make regulations relating to
the police of the public roads, and the powers so conferred may be exercised in
relation to any park or other public place or any sea beach.
(2) The
powers conferred on the States by the said Order in Council and this Article
include a power to amend any of the provisions of this Law.”
ARTICLE 27
(1) The
amendment of the principal Law by this Part of this Law shall not prevent the
taking into account of any previous conviction for the purpose of determining
whether any conviction is a second or subsequent conviction, but –
(a) in determining whether
any conviction for a motoring offence is a second or subsequent conviction, any
conviction for an offence, not being a motoring offence, shall be disregarded ;
and
(b) in determining whether
a conviction for an offence, not being a motoring offence, is a second or
subsequent conviction, any conviction for a motoring offence shall be
disregarded.
(2) Any
order or bye-law made under the principal Law which is in force at the date of
the coming into force of this Law shall, as from that date –
(a) in the case of an
order, have effect as if made under the principal Law as amended by this Law ;
(b) in the case of a
bye-law, have effect as if it were an order made under the principal Law as so
amended, and shall continue in force until revoked by such an order.
PART II
AMENDMENT OF THE MOTOR TRAFFIC
(JERSEY) LAW, 1935
ARTICLE 28
(1) In
Article 1 of the Motor Traffic (Jersey) Law, 1935, for the definition of “Traffic
Officer” there shall be substituted the following definition –
“ ‘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) For
Articles 3, 4, 5 and 6 of the said Law there shall be substituted the following
Article –
“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, 1953) 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.”
ARTICLE 29
Any person appointed to any office under the Motor Traffic (Jersey)
Law, 1935, who is in office at the time of
the coming into force of this Law shall be deemed to have been appointed to
that office under that Law as amended by this Part of this Law.
PART III
AMENDMENT OF THE MOTOR TRAFFIC
(THIRD-PARTY INSURANCE) (JERSEY) LAW, 1948
ARTICLE 30
(1) At
the end of paragraph (1) of Article 2 of the Motor Traffic (Third-Party
Insurance) (Jersey) Law, 1948, there
shall be inserted the following proviso –
“Provided that a person shall not be convicted of an offence
under this paragraph if he proves that the vehicle did not belong to him and
was not in his possession under a contract of hiring or of loan, that he was
using the vehicle in the course of his employment and that he neither knew nor
had reason to believe that there was not in force in relation to the user of
the vehicle such a policy of insurance as aforesaid.”
(2) In
paragraph (2) of the said Article 2, the words from “and a person
convicted” to the end of the paragraph, and paragraph (3) shall cease to
have effect.
PART IV
AMENDMENTS OF THE ROAD TRANSPORT
LIGHTING (JERSEY) LAW, 1956
ARTICLE 31
(1) In
paragraph (1) of Article 1 of the Road Transport Lighting (Jersey) Law, 1956, (hereinafter referred to as “the principal
Law”), for the definition of “hours of darkness” there shall
be substituted the following definition –
“ ‘hours of darkness’ means the time between
half-an-hour after sunset and half-an-hour before sunrise ;”.
(2) Immediately
after the said Article 1 there shall be inserted the following Article –
“ARTICLE
1A
APPLICATION OF LAW IN RELATION TO PEDESTRIAN-CONTROLLED
VEHICLES
(1) A
mechanically propelled vehicle to which0 this Article applies shall, for the
purposes of this Law, be treated as a vehicle propelled by hand.
(2) This
Article applies –
(a) to
any implement for cutting grass which is controlled by a pedestrian and is not
capable of being used or adapted for any other purpose ;
(b) to
such other vehicles controlled by pedestrians as may be prescribed.
(3) In
paragraph (2) of this Article, ‘controlled by a pedestrian’ means
that the implement or vehicle either –
(a) is
constructed or adapted for use only under such control ; or
(b) is
constructed or adapted for use either under such control or under the control
of a person on it but is not for the time being in use under, or proceeding
under, the control of a person carried on it.”
ARTICLE 32
Immediately after Article 14 of the principal Law there shall be inserted the following Article
–
“ARTICLE
14A
POWERS OF STATES TO MAKE REGULATIONS
The powers conferred on the States by the Order in Council of the
twenty-sixth day of December, 1851, to make
regulations relating to the police of the public roads include a power to amend
any of the provisions of this Law.”
PART V
SHORT TITLE
ARTICLE 33
This Law may be cited as the Road Traffic (Miscellaneous
Provisions) (Jersey) Law, 1962 ; this Law and the principal Law may be cited
together as the Road Traffic (Jersey) Laws, 1956 to 1962 ; this Law and the
Motor Traffic (Jersey) Laws, 1935 to 1957, may be cited together as the Motor
Traffic (Jersey) Laws, 1935 to 1962 ; this Law and the Motor Traffic
(Third-Party Insurance) (Jersey) Law, 1948, may be cited together as the Motor
Traffic (Third-Party Insurance) (Jersey) Laws, 1948 and 1962 ; and this Law and
the Road Transport Lighting (Jersey) Law, 1956, may be cited together as the
Road Transport Lighting (Jersey) Laws, 1956 and 1962.
SCHEDULES
FIRST SCHEDULE
(Article 8)
MOTORING OFFENCES IN RESPECT OF WHICH DISQUA-LIFICATION OR
ENDORSEMENT MAY BE ORDERED
|
A.
|
NON-STATUTORY OFFENCES.
|
|
1.
|
Manslaughter by
the driver of a motor vehicle.
|
|
2.
|
Causing bodily
harm committed by a person having charge of a motor vehicle.
|
|
B.
|
OFFENCES
AGAINST THE MOTOR TRAFFIC (THIRD-PARTY INSURANCE) (JERSEY) LAW, 1948.
|
|
Any offence
against Article 2 (using, or causing or permitting use of, uninsured
vehicle).
|
|
C.
|
OFFENCES
AGAINST THE ROAD TRANSPORT LIGHTING (JERSEY) LAW, 1956.
|
|
Any offence
against Article 12 (causing or permitting vehicle to be on road in
contravention of provisions of the Law or any order made thereunder, or
failure to comply with such provisions) other than a first offence or an
offence which, for the purposes of that Article, is deemed to be a first
offence.
|
|
D.
|
OFFENCES
AGAINST THE ROAD TRAFFIC (JERSEY) LAW, 1956.
|
|
|
Any offence
against the following provisions, namely –
|
|
|
Article 3(1)
|
(driving, or
employing a person to drive without a licence) ;
|
|
|
Article 6(2)
|
(failure to
comply with conditions of provisional licence) ;
|
|
|
Article 9(4)
|
(applying for
or obtaining a licence, or driving while disqualified) ;
|
|
|
Article 13
|
(restriction
on driving by young or inexperienced persons) ;
|
|
|
Article 13A
|
(limitation of
speed) ;
|
|
|
Article 14
|
(reckless or dangerous driving) ;
|
|
|
Article 15
|
(careless driving) ;
|
|
|
Article 16
|
(driving, or
attempting to drive, when under influence of drink or drugs) ;
|
|
|
Article 23
|
(unlawful pillion riding) ;
|
|
|
Article 28
|
(taking
vehicle without owner’s consent or authority) ;
|
|
|
Article 29(2)
|
(getting on
to, or tampering with, a vehicle without authority) ;
|
|
|
Article 30
|
(leaving
vehicle in position likely to cause danger or obstruction) ;
|
|
|
Article 36).
|
(failure to
comply with traffic directions or indications given by traffic signs
|
|
E.
|
OFFENCES AGAINST ORDERS MADE UNDER
THE ROAD TRAFFIC (JERSEY) LAW, 1956.48
|
|
|
1.
|
Any offence against an order made
under Article 33, being an offence –
|
|
|
(a)
|
of failure to comply with a
requirement to proceed or not to proceed in a
|
|
|
|
Specified direction or along a
specified part of the carriageway ; or
|
|
|
(b)
|
of contravening a prohibition or
restriction on overtaking.
|
|
|
2.
|
Any offence against an order made
under Article 39, being an offence of using a vehicle on a road, or causing
or permitting a vehicle to be so used, so as, by the condition of the vehicle
or its parts or accessories, the number of passengers carried by it, or the
weight, distribution, packing or adjustment of its load, to cause, or to be
likely to cause, danger, and in particular (but without prejudice to the
generality of the foregoing) of contravening any requirement as to brakes,
silencers, steering gear or tyres.
|
|
|
|
|
|
SECOND SCHEDULE
(Article 13A)
LIMITS OF SPEED
|
CLASS OR DESCRIPTION
OF VEHICLE
|
MAXIMUM SPEED MILES PER HOUR.
|
|
(1)
|
Vehicles having an unladen weight
exceeding two tons and a half and vehicles drawing trailers ... ... ...
|
30
|
|
(2)
|
Other vehicles
… … …
|
40
|
F. DE
L. BOIS,
Greffier of the States.