Jersey Law 26/1956
“ROAD TRAFFIC (JERSEY) LAW, 1956”,
CONFIRMÉ PAR
Ordre de Sa Majesté en Conseil
en date du 3 Août 1956.
____________
(Enregistré le 1er
Septembre 1956).
ROAD TRAFFIC (JERSEY) LAW, 1956.
____________
ARRANGEMENT
OF ARTICLES.
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Introductory
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Article
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1.
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Interpretation
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2.
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Classification of motor
vehicles
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Licensing of drivers of motor vehicles.
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3.
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Licensing of drivers
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4.
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Tests of competence to drive
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5.
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Provisions as to physical
fitness
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6.
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Provisional licences
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7.
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Requirements as to production of licences
and certificates of insurance
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8.
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Disqualification for offences and endorsement of
convictions
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9.
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Provisions as to disqualifications and suspensions
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10.
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Provisions as to endorsements
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11.
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Forgery etc., of licences
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Provisions as to driving of vehicles and offences in connexion therewith.
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12.
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Vehicles to keep to the left or near side of the road
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13.
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Restriction on driving by young or inexperienced persons
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14.
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Dangerous driving
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15.
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Careless driving
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16.
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Driving when under influence of drink or drug
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17.
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Power to order offenders to be
tested
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18.
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Power to convict of dangerous driving on trial for
manslaughter
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19.
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Power to proceed on charge for careless driving on hearing
of charge for dangerous driving.
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20.
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Restriction on drawing of
trailers
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21.
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Motor vehicles to give way to other vehicles in narrow roads
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22.
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Provisions with respect to
footways etc
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23.
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Restriction on pillion riding on motor cycles
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24.
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Restriction on carriage of persons on bicycles
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25.
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Prohibition on riding or propelling bicycles more than two
abreast
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26.
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Duty to stop and duty to give name and address
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Accidents.
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27.
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Duty to stop in case of
accident
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Miscellaneous Provisions.
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28.
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Taking vehicle without owner’s consent or other authority
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29.
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Restrictions on persons being towed by, getting on to or
tampering with motor vehicles
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30.
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Prohibition on leaving of vehicles on roads in positions
likely to cause danger or obstruction
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31.
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Power to make provision with regard to removal of vehicles
from roads
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32.
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Provisions with regard to stretching of ropes etc., across
public roads
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Provisions relating to public roads.
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33.
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Power to restrict use of roads
by vehicles
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34.
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Power of highway authority temporarily to prohibit or
restrict traffic on roads
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Traffic signs and directions.
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35.
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Erection of traffic signs
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36.
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Penalties for neglect of
traffic directions
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Provisions as to weight and weighing of vehicles.
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37.
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Method of calculating weight
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38.
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Weighing of motor vehicles
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Orders.
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39.
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Orders with regard to motor
vehicles
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40.
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Orders with regard to vehicles other than motor vehicles
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41.
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Prohibition on sale etc., of vehicles in a condition not
complying with orders as to construction etc
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42.
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General provisions as to orders
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General.
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43.
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Issue by Committee of directions for guidance of users of
roads
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44.
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Duty to give information as to person in charge of vehicle
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45.
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Penalties for offences
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46.
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Power to levy fines summarily
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47.
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Application of fines
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48.
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Financial provisions
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49.
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Saving
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50.
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Repeal and amendment of existing regulations
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51.
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Short title and commencement
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ROAD TRAFFIC (JERSEY) LAW, 1956.
____________
A LAW to
revise the Law with regard to the regulation of road traffic and to provide for
matters incidental thereto, sanctioned by Order of Her Majesty in Council of
the
3rd day of AUGUST, 1956.
____________
(Registered on the 1st day of September, 1956)
____________
STATES OF JERSEY.
____________
The 15th day of
March, 1956.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
Introductory
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“animal” excludes dogs;
“the Committee” and “Traffic Officer” have
the same meanings as in the Motor Traffic (Jersey) Law, 1935;
“driver”, where a separate person acts as steersman of
a motor vehicle, includes that person as well as any other person engaged in
the driving of the vehicle, and the expression “drive” shall be
construed accordingly;
“licence” means a licence to drive a motor vehicle granted under Article 3 of
this Law, and includes a provisional licence;
“licensing authority” means the Constable of the parish
in which the applicant for a licence resides;
“motor vehicle” means any mechanically propelled
vehicle intended or adapted for use on roads;
“motoring offence” means an offence in connexion with a motor vehicle;
“order” means an order made by the Committee under this
Law;
“prescribed” means prescribed by order;
“prescribed test” has the meaning assigned thereto by
Article 4(1) of this Law;
“provisional licence” means a
provisional licence granted under Article 6 of this
Law;
“road” means any public road, any other road to which
the public has access, any bridge over which a road passes and any sea beach;
“traffic sign” includes all signals, warning sign
posts, direction posts, signs or other devices for the guidance or direction of
persons using roads;
“trailer” means any vehicle drawn by another vehicle.
(2) References
in this Law to any enactment repealed by this Law include references to any
former enactment corresponding to that enactment.
(3) References
in this Law to the driving of a vehicle shall, in the case of a vehicle
propelled by human power, be construed as references to the propelling or
riding of the vehicle.
ARTICLE 2
CLASSIFICATION OF MOTOR VEHICLES
(1) Motor
vehicles shall, for the purposes of this Law, be divided into the following
classes –
(a) Tractors:
that is to say, mechanically propelled vehicles which are not constructed
themselves to carry any load, other than water, fuel, accumulators and other
equipment used for the purpose of propulsion, loose tools and loose equipment;
(b) Tractors
with trailers: that is to say, tractors, as defined in the foregoing
sub-paragraph, drawing trailers (other than agricultural implements not
constructed to carry a load) except when used in the course of the internal
operations of a farm;
(c) Heavy
motor cars: that is to say, mechanically propelled vehicles which are
constructed themselves to carry a load or passengers and the weight of which unladen exceeds two tons and a half;
(d) Motor
cars: that is to say, mechanically propelled vehicles (not being vehicles
classified under this Article as heavy motor cycles, light motor cycles or
invalid carriages) which are constructed themselves to carry a load or
passengers and the weight of which unladen does not
exceed two tons and a half;
(e) Heavy
motor cycles: that is to say, mechanically propelled vehicles (not being
vehicles classified under this Article as light motor cycles or invalid
carriages) with less than four wheels and the weight of which unladen does not exceed eight hundred-weight;
(f) Light
motor cycles: that is to say, mechanically propelled vehicles (not being
vehicles classified under this Article as invalid carriages) 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;
(g) Invalid
carriages: that is to say, mechanically propelled vehicles the weight of which unladen does not exceed five hundred-weight and which are
specifically designed and constructed, and not merely adapted, for the use of
persons suffering from some physical defect or disability and are used solely
by such persons.
(2) Provision
may be made by order for –
(a) subdividing
any such class as aforesaid, whether according to weight, construction, nature
of tyres, use or otherwise, and making different
provision with respect to each subdivision; and
(b) varying
as respects any class the maximum or minimum weight or cylinder capacity fixed
by this Article.
(3) Any
reference in this Law to a class of motor vehicles shall include a reference to
a subdivision of such a class.
(4) 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 sub-paragraph (f) of paragraph (1) of this Article.
Licensing of drivers of motor vehicles
ARTICLE 3
LICENSING OF DRIVERS
(1) A
person shall not drive a motor vehicle of any class or description on a road
unless he is the holder of a licence authorizing him
to drive motor vehicles of that class or description, and a person shall not
employ any person to drive a motor vehicle of any class or description on a
road unless the person so employed is the holder of a licence
authorizing him to drive motor vehicles of that class or description, and if
any person acts in contravention of this provision he shall be guilty of an
offence.
(2) Subject
to the provisions of this Law as to the physical fitness of applicants for licences and their competence to drive motor vehicles, on
application being made in the prescribed manner by any person who makes a
declaration in the prescribed form that he is not, under the provisions of this
Law, disqualified by reason of age or otherwise for obtaining the licence for which he is applying, the licensing authority,
except in the case of an applicant who is disqualified as hereinafter
mentioned, shall on payment of such fee as may be prescribed grant a licence, being a licence in the
prescribed form, authorizing him to drive motor vehicles of such class or
description or of such classes or descriptions as may be specified in the licence.
(3) Subject
to the provisions of this Law with respect to provisional licences,
a licence shall, unless previously revoked or
surrendered, remain in force until the thirty-first day of January next
following the date on which it takes effect, but shall be renewable annually,
and the same provisions shall apply to the renewal of a licence
as apply to the grant of a licence.
(4) A
person shall be disqualified for obtaining a licence
–
(a) while
another licence granted to him is in force;
(b) if
he is by a conviction under this Law or by an order of a court thereunder disqualified for holding or obtaining a licence.
(5) In
any proceedings the fact that a licence has been
granted to a person shall be evidence that that person for the purpose of
obtaining that licence made a declaration that he was
not disqualified for holding or obtaining the licence.
ARTICLE 4
TEST OF COMPETENCE TO DRIVE
(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; or
(b) held
such a licence authorizing him to drive vehicles of
that class or description.
(2) For
the purposes of sub-paragraph (b) of
paragraph (1) of this Article, on the first application for a licence under this Law by a person who, during the five
years immediately preceding the date of the application for the licence, held a licence granted
under any enactment repealed by this Law, the last-mentioned licence shall –
(a) where
it is a licence to drive a heavy motor car or a motor
car, be deemed to be a licence authorizing him to
drive vehicles of any class; and
(b) where
it is a licence to drive a motor cycle, with or
without sidecar, be deemed to be a licence to drive a
heavy motor cycle or a light motor cycle.
(3) Provision
may be made by order with respect to the nature of tests of competence to drive
for the purposes of this Article, the evidence of the results thereof, and
generally with respect thereto, and, in particular, but without prejudice to
the generality of the foregoing –
(a) for
requiring a person submitting himself for a test to provide a vehicle for the
purposes thereof;
(b) for
requiring a person submitting himself for a test to pay such fee as may be
specified in the order;
and different provision may be made with respect to tests of
competence to drive different classes or descriptions of vehicles.
(4) Provision
may be made by order for dispensing, in the case of persons not resident in the
Island, with the requirements of paragraph (1) of this Article.
(5) Prescribed
tests shall be conducted by Traffic Officers.
ARTICLE 5
PROVISIONS AS TO PHYSICAL FITNESS
(1) On
an application for the grant of a licence, the
applicant shall make a declaration in the prescribed form as to whether or not
he is suffering from any such disease or physical disability as may be
specified in the form, or any other disease or physical disability which would
be likely to cause the driving by him of a motor vehicle, being a vehicle of
such a class or description as he would be authorized by the licence to drive, to be a source of danger to the public.
(2) If
from the declaration it appears that the applicant is suffering from any such
disease or disability as aforesaid, the licensing authority shall refuse to
grant the licence:
Provided that –
(a) a
licence limited to driving an invalid carriage may be
granted to the applicant if the licensing authority is satisfied that he is fit
to drive such a carriage;
(b) the
applicant may, except in the case of such diseases and disabilities as may be
prescribed, on payment of the prescribed fee, claim to be subjected to the
prescribed test as to his competence to drive a motor vehicle of any such class
or description as he would be authorized by the licence
to drive, and if he passes the prescribed test and is not otherwise
disqualified, the licence shall not be refused by
reason only of the provisions of this paragraph, so, however, that if the test
proves his competence to drive vehicles of a particular construction or design
only, the licence shall be limited to the driving of
such vehicles.
(3) If
it appears to the Constable of a parish that there is reason to believe that
any holder of a licence residing in the parish is
suffering from a disease or physical disability likely to cause the driving by
him of a motor vehicle, being a vehicle of any such class or description as he
is authorized by the licence to drive, to be a source
of danger to the public, and on enquiry into the matter the Constable is
satisfied that the holder of the licence is suffering
from such a disease or disability as aforesaid, then, whether or not the holder
of the licence so suffering as aforesaid has
previously passed a prescribed test, the Constable may, after giving to the
holder of the licence notice of intention so to do,
revoke the licence :
Provided that the holder of the licence
may, except in the case of such diseases and disabilities as may be prescribed,
claim to be subjected to a prescribed test as to his competence to drive a
motor vehicle of such a class or description as he is authorized by the licence to drive, and if he passes the prescribed test the licence shall not be revoked.
(4) Where
a licence is revoked under this Article, the holder
of the licence shall forthwith deliver it to the
Constable by whom it is revoked and, if he fails to do so, he shall be liable
to a fine not exceeding five pounds.
(5) If
any person is aggrieved by a refusal to grant a licence
or by the revocation of a licence under this Article,
he may, after giving to the authority by whom the licence
was refused or revoked, as the case may be, notice of intention so to do,
appeal to the Inferior Number of the Royal Court, and on any such appeal the
court may make such order as it thinks fit, and any order so made shall be
binding.
ARTICLE 6
PROVISIONAL LICENCES
(1) For
the purpose of enabling an applicant for the grant of a licence
to learn to drive a motor vehicle with a view to passing a test under Article 4
or 5 of this Law, the licensing authority may, if so requested by him and on
payment of such fee as may be prescribed, grant him a provisional licence to be in force for a period of six months, which licence shall be in the prescribed form and granted subject
to the prescribed conditions :
Provided that the grant of a provisional licence
may be refused to an applicant to whom such a licence
has been granted at any time within the preceding twelve months, if it appears
to the authority that he does not intend to submit himself to the said test
within a reasonable time.
(2) If
any person to whom a provisional licence is granted
fails to comply with any of the conditions subject to which it is granted, he
shall be guilty of an offence.
ARTICLE 7
REQUIREMENTS AS TO PRODUCTION OF LICENCES AND CERTIFICATES OF
INSURANCE
(1) Any
person driving a motor vehicle on a road shall, on being so requested by a
Police Officer, produce his licence for examination,
or, if he is unable to do so, produce it in person to a Police Officer, within
forty-eight hours of the time at which its production was required, at such
place as may be notified to him at that time, and, if he fails to do so, he
shall be liable to a fine not exceeding one pound.
(2) Paragraph
(1) of this Article and paragraph (1) of Article 15 of the Motor Traffic
(Third-Party Insurance) (Jersey) Law, 1948, shall
have effect as if the references therein to a person driving a motor vehicle on
a road included references to –
(a) any person whom a
Police Officer has reasonable cause to believe to have been the driver of a
motor vehicle at a time when an accident occurred owing to its presence on a
road ;
(b) any person whom a
Police Officer has reasonable cause to believe to have committed an offence in
relation to the use of a motor vehicle on a road ; and
(c) any person who accompanies
the holder of a provisional licence while that person
is driving a motor vehicle on a road or whom a Police Officer has reasonable
cause to believe to have accompanied the holder of such a licence
while driving at a time when an accident occurred owing to the presence of the
vehicle on a road or at a time when an offence is suspected of having been
committed by the said holder in relation to the use of the vehicle on a road :
Provided that so much of paragraph (1) of Article 15 of the Motor
Traffic (Third-Party Insurance) (Jersey) Law, 1948, as
requires the production of a certificate of insurance shall not apply to any
such person as is specified in sub-paragraph (c) of this paragraph.
ARTICLE 8
DISQUALIFICATION FOR OFFENCES AND ENDORSEMENT OF CONVICTIONS
(1) A
court before which a person is convicted of any offence in connexion
with the driving of a motor vehicle (not being an offence under the Motor
Traffic (Jersey) Law, 1935) –
(a) may in any case, except
where otherwise expressly provided by this Law, and shall where so required by
this Law, order him to be disqualified for holding or obtaining a licence for such period as the court thinks fit ; and
(b) may in any case, and
shall where a person is by virtue of a conviction disqualified for holding or
obtaining a licence or where an order so
disqualifying any person is made or where so required by this Law, 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 :
Provided that, if the court thinks fit, any disqualification
imposed under this Article may be limited to the driving of a motor
vehicle of the same class or description as the vehicle in relation to which
the offence was committed.
(2) A
person who by virtue of an order of a court under this Law is disqualified for
holding or obtaining a licence may appeal against the
order 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 by an order of the court) may, if it thinks fit,
pending the appeal against the conviction or order, suspend the
disqualification.
(3) Article
17 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949,shall not apply to an order disqualifying a person
for holding or obtaining a licence.
ARTICLE 9
PROVISIONS AS TO DISQUALIFICATIONS AND SUSPENSIONS
(1) Where
a person who is disqualified by virtue of a conviction or order under this Law
is the holder of a licence, the licence
shall be suspended so long as the disqualification continues in force.
(2) A
licence suspended by virtue of this Law shall during
the time of suspension be of no effect.
(3) A
person who, by virtue of a conviction or order under this Law, is disqualified
for holding or obtaining a licence may, at any time
after the expiration of six months from the date of the conviction or order,
and from time to time, apply to the court before which he was convicted or by
which the order was made to remove the disqualification, and on any such
application the court may, as it thinks proper, having regard to the character
of the person disqualified and his conduct subsequent to the conviction or
order, the nature of the offence and any other circumstances of the case,
either by order remove the disqualification as from such date as may be
specified in the order, 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, or refuse the application :
Provided that where, on an application under this paragraph, a
disqualification is not removed, a further application thereunder
shall not be entertained if made within six months after the date of the
decision of the court on the application.
If the disqualification is removed or limited, the order of the
court shall include a direction that particulars of the order be endorsed on
the licence, if any, previously held by the applicant
and the court shall in any case have power to order the applicant to pay the
whole or any part of the costs of the application.
(4) If
any person who under the provisions of this Law is disqualified for holding or
obtaining a licence applies for or obtains a licence while he is so disqualified, or if any such person
while he is so disqualified drives a motor vehicle, or, if the disqualification
is limited to the driving of a motor vehicle of a particular class or
description, a motor vehicle of that class or description, on a road, that
person shall be liable to imprisonment for a term not exceeding six months, or
if the court thinks that, having regard to the special circumstances of the
case, a fine would be an adequate punishment for the offence, to a fine not
exceeding fifty pounds, or to both such imprisonment and such fine, and a licence obtained by any person disqualified as aforesaid
shall be of no effect.
(5) In
calculating the period for which a person is disqualified for holding or
obtaining a licence on a conviction under this Law or
under the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948, or by an order made in consequence of such a
conviction, 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.
(6) For
the purposes of this Article, references to orders and convictions under this
Law include references to orders and convictions under the corresponding
provisions of any enactment repealed by this Law.
ARTICLE 10
PROVISIONS AS TO ENDORSEMENTS
(1) An
order 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 an 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
an order is made requiring any licence held by an
offender to be endorsed, then –
(a) if the offender is at
the time the holder of a licence, he shall, if so
required by the court, produce the licence within
three days or such longer time as the court may determine, 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 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 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 in respect of whom an order has been made under this Law, or the
corresponding provisions of any enactment repealed by this Law, requiring the
endorsement of any licence held by him has, during a
continuous period of three years or upwards since the order was made, had no
such order made against him, he shall be entitled, either on applying for the
grant of a licence or, subject to the payment of a
fee of two shillings and sixpence and subject to 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 order
disqualified for holding or obtaining a licence shall
be excluded.
(6) Where
by a conviction or order of a court 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 in writing for its return to him.
(7) Where
the disqualification to which a person has become subject is limited to the
driving of a motor vehicle of a particular class or description, the court
shall forward the licence held by that person to the
licensing authority by whom it was granted and the licensing authority shall
forthwith after the receipt thereof issue to that person a new licence on which there shall be indicated in the prescribed
manner the class or description of vehicle which the holder of the licence is not thereby authorized to drive, and the licence so issued shall remain in force either for the unexpired period of the original licence
or for the period of the disqualification, whichever is the shorter.
ARTICLE 11
FORGERY ETC., OF LICENCES
(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, any licence ; or
(b) makes or has in his
possession any document so closely resembling a licence
as to be calculated to deceive ;
he shall be guilty of a misdemeanour and
shall be liable to a fine not exceeding one hundred pounds or to imprisonment
for a term not exceeding two years or to both such imprisonment and fine.
(2) If
any person for the purpose of obtaining the grant of any licence
to himself or any other person, or the variation of any licence,
or for the purpose of preventing the grant or variation of any licence, or of procuring the imposition of any condition or
limitation in relation to a licence, knowingly makes
any false statement or withholds any material information, he shall be liable
to a fine not exceeding fifty pounds or to imprisonment for a term not
exceeding six months or to both such imprisonment and fine.
Provisions as to driving of vehicles and offences in connexion therewith.
ARTICLE 12
VEHICLES TO KEEP TO THE LEFT OR NEAR SIDE OF THE ROAD
(1) A
person driving a vehicle on a road –
(a) shall keep the vehicle
as near as practicable to the left or near side of the road, unless about to
overtake another vehicle or to turn to the right or to stop the vehicle on the
opposite side of the road ;
(b) shall, when overtaking
another vehicle proceeding in the same direction, pass to the right or off side
of that vehicle unless the driver thereof has signalled
his intention to turn or move to the right.
(2) This
Article shall apply to the riding, leading or driving of an animal as it
applies to the driving of a vehicle.
(3) If
any person contravenes the provisions of this Article, he shall be liable to a
fine not exceeding five pounds.
ARTICLE 13
RESTRICTION ON DRIVING BY YOUNG OR INEXPERIENCED PERSONS
(1) A
person under seventeen years of age shall not drive a motor vehicle on a road,
and shall, for the purposes of this Law, be deemed to be disqualified for
holding or obtaining a licence.
(2) A
person shall not drive a heavy motor cycle on a road, and shall, for the
purposes of this Law, be deemed to be disqualified for holding or obtaining a licence to drive a heavy motor cycle, unless –
(a) he has held a licence (other than a provisional licence)
to drive a light motor cycle for a continuous period of at least one year,
excluding any period during which he was, by virtue of a conviction or order
under this Law, disqualified for holding or obtaining such a licence ; or
(b) he has held a licence to drive a motor vehicle granted under any
enactment repealed by this Law.
(3) Any
person who drives, or causes or permits any person to drive, a motor vehicle in
contravention of this Article, shall be guilty of an offence.
ARTICLE 14
DANGEROUS DRIVING
(1) If
any person drives a vehicle or rides an animal on a road or other public place
at a dangerous speed or in a dangerous manner, he shall be liable –
(a) in the case of a first
offence, to a fine not exceeding twenty-five pounds or to imprisonment for a
term not exceeding one month ; and
(b) 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 one year or to both such fine and
imprisonment.
(2) The
court shall order particulars of any conviction for a motoring offence under
this Article to be endorsed on any licence held by
the person convicted.
(3) 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 nine months unless more than three years have
elapsed since the offender’s last conviction under this Article.
ARTICLE 15
CARELESS DRIVING
(1) If
any person drives a vehicle 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.
(2) A
first conviction for a motoring offence under this Article shall not render the
offender liable to be disqualified for holding or obtaining a licence for a longer period than one month :
Provided that, where within the three years next before the date on
which he is convicted for a motoring offence under this Article the offender
has been convicted for an offence under Article 14 of this Law, the
last-mentioned conviction shall be treated for the purposes of this paragraph
as if it had been a conviction for an offence under this Article.
ARTICLE 16
DRIVING WHEN UNDER INFLUENCE OF DRINK OR DRUGS
(1) Any
person who when driving or attempting to drive a vehicle, or riding, leading or
driving or attempting to ride, lead or drive an animal, or when in charge of, a
vehicle or animal, on a road or other public place is under the influence of
drink or a drug to such an extent as to be incapable of having proper control
of the vehicle or animal, shall be liable –
(a) in the case of a first
offence, to a fine not exceeding fifty pounds or to imprisonment for a term not
exceeding four months ; and
(b) 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 one year or to both such fine and
imprisonment :
Provided that a person in charge of a vehicle, but not driving or
attempting to drive the vehicle, shall not be convicted of an offence under
this Article if he proves to the satisfaction of the court that he had no
intention of driving the vehicle.
(2) A
person convicted of a motoring offence under this Article shall, unless the
court for special reasons thinks fit to order otherwise and without prejudice
to the power of the court to order a longer period of disqualification, be
disqualified for a period of twelve months for holding or obtaining a licence.
ARTICLE 17
POWER TO ORDER OFFENDERS TO BE TESTED
(1) The
court before which a person is convicted of a motoring offence under Article
14, 15 or 16 of this Law may, whether or not that person has previously passed
a prescribed test, order him to be disqualified for holding or obtaining a licence until he has, since the date of the order, passed
that test, and 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, the court shall exercise the power conferred by this
paragraph.
(2) A
disqualification imposed under paragraph (1) of this Article may, if the court
thinks fit, be limited to the driving of a motor vehicle of the same class or
description as the vehicle in relation to which the offence was committed.
(3) The
provisions of this Law which have effect where an order disqualifying a person
for holding or obtaining a licence is made shall have
effect in relation to a disqualification by virtue of an order under paragraph
(1) of this Article subject to the following modifications –
(a) notwithstanding the
provisions of paragraph (4) of Article 3, or of paragraph (4) of Article 9, the
person disqualified shall (unless he is disqualified for holding or obtaining a
licence otherwise than by virtue of an order under
this Article) be entitled to obtain and to hold a provisional licence (to be granted, where the person disqualified is
the holder of a licence, by the licensing authority
by which that licence was granted) and to drive a
motor vehicle in accordance with the conditions subject to which the
provisional licence is granted ;
(b) paragraph (3) of
Article 9 shall not apply, but the disqualification shall be deemed to have
expired on production to the licensing authority of evidence in the prescribed
form that the person disqualified has, since the order was made, passed the
prescribed test ;
(c) 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, since the order was made, passed the prescribed test.
ARTICLE 18
POWER TO CONVICT OF DANGEROUS DRIVING ON TRIAL FOR MANSLAUGHTER
If, on the trial of a person on a charge of manslaughter in connexion with the driving of a vehicle by him, the court
or the jury, as the case may be, is of the opinion that he was not guilty of
manslaughter but was guilty of an offence under Article 14 of this Law, he may
be found guilty of that offence and thereupon he shall be liable to be punished
accordingly.
ARTICLE 19
POWER TO PROCEED ON CHARGE FOR CARELESS DRIVING ON HEARING OF
CHARGE FOR DANGEROUS DRIVING
Where a person is charged with an offence under Article 14 of this
Law and the court is of the opinion that the offence is not proved, then, at
any time during the hearing or immediately thereafter, the court may, without
prejudice to any other powers possessed by the court, direct or allow a charge
for an offence under Article 15 of this Law to be preferred forthwith against the
defendant and may thereupon proceed with that charge, so, however, that the
defendant or his advocate shall be informed of the new charge, and be given an
opportunity, whether by way of cross-examining any witness whose evidence has
already been given against the defendant or otherwise, of answering the new
charge, and the court shall, if it considers that the defendant is prejudiced
in his defence by reason of the new charge being so
preferred, adjourn the hearing.
ARTICLE 20
RESTRICTION ON DRAWING OF TRAILERS
(1) Not
more than one trailer may be drawn by a motor vehicle on a road, and if any
person causes or permits a trailer to be drawn in contravention of this
Article, he shall be liable to a fine not exceeding five pounds :
Provided that this paragraph shall not apply in the case of motor
vehicles owned by the Admiralty, the War Department or the Air Ministry, and
used for naval, military or air force purposes, or in the case of vehicles so
used while being driven by persons for the time being subject to the orders of
any member of the armed forces of the Crown.
(2) For
the purposes of this Article, the expression “trailer” shall not
include an agricultural implement not constructed to carry a load.
ARTICLE 21
MOTOR VEHICLES TO GIVE WAY TO OTHER VEHICLES IN NARROW ROADS
(1) If
a motor vehicle meets in any narrow road a vehicle which is not propelled by
mechanical power and there is not sufficient room to enable such vehicles to
pass one another with ease, the driver of the motor vehicle shall give way and
shall reverse the motor vehicle for a distance sufficient to permit the
vehicles to pass without risk of damage.
(2) If
the driver of a motor vehicle acts in contravention of this Article, he shall
be liable to a fine not exceeding one pound.
ARTICLE 22
PROVISIONS WITH RESPECT TO FOOTWAYS ETC
(1) If
any person drives a vehicle, or permits or causes a vehicle to remain at rest,
or rides, leads or drives an animal, on any footway by the side of a road, he
shall be liable to a fine not exceeding one pound :
Provided that –
(a) it shall not be an
offence under this paragraph to drive a vehicle, or ride, lead or drive an
animal, on a footway for the purpose of obtaining access to any premises ; and
(b) a person shall not be
convicted of an offence under this paragraph if he proves to the satisfaction
of the court that the vehicle or animal was on the footway for the purpose of
saving life or extinguishing fire or meeting any other like emergency.
(2) If
any person fastens any animal so that it can stand on any footway, he shall be
liable to a fine not exceeding one pound.
(3) In
this Article –
“footway” includes any public place set apart for the
use or accommodation of foot passengers;
“vehicle” excludes perambulators.
ARTICLE 23
RESTRICTION ON PILLION RIDING ON MOTOR CYCLES
(1) It
shall not be lawful for any person, other than the driver, to be carried on a
road on a two-wheeled motor cycle :
Provided that one additional person may be carried if sitting
astride the cycle behind the driver on a proper seat securely fixed thereto,
and if the cycle is fitted with footrests for the use of that person.
(2) Provision
may be made by order for modifying the provisions of paragraph (1) of this
Article in relation to any class or description of motor cycles.
(3) If
any person is carried on any two-wheeled motor cycle in contravention of the
provisions of this Article, the driver of the cycle 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 five pounds.
ARTICLE 24
RESTRICTION ON CARRIAGE OF PERSONS ON BICYCLES
(1) It
shall not be lawful for any person, other than the person (or, in the case of a
tandem bicycle, the persons) propelling the bicycle, to be carried on a road on
a bicycle not propelled by mechanical power :
Provided that one additional person may be carried if sitting
astride the bicycle on a proper seat securely fixed thereto and if the bicycle
is fitted with foot-rests for the use of that person.
(2) If
any person is carried on such a bicycle in contravention of the provisions of
this Article, the person (or, in the case of a tandem bicycle, each of the
persons) propelling the bicycle shall be liable, in the case of a first
offence, to a fine not exceeding one pound, and, in the case of a second or
subsequent conviction, to a fine not exceeding two pounds.
ARTICLE 25
PROHIBITION ON RIDING OR PROPELLING BICYCLES MORE THAN TWO ABREAST
(1) It
shall not be lawful for more than two bicycles, whether or not propelled by
mechanical power, to be ridden or propelled abreast on a road.
(2) If
any person acts in contravention of the provisions of this Article, he shall be
liable to a fine not exceeding two pounds.
ARTICLE 26
DUTY TO STOP AND DUTY TO GIVE NAME AND ADDRESS
(1) Any
person driving a vehicle on a road shall stop the vehicle on being so required
by a Police or Traffic Officer, and if he fails to do so shall be liable to a
fine not exceeding one pound :
Provided that a person shall not be convicted of an offence under
this paragraph if he proves to the satisfaction of the court that he had no
reason to believe that the person requiring him to stop the vehicle was a
Police or Traffic Officer.
(2) If
the driver of a motor vehicle who is alleged to have committed an offence under
the foregoing provisions of this Law as to dangerous driving or careless
driving refuses, on being so required by any person having reasonable ground
for so requiring, to give his name or address, or gives a false name or address,
he shall be guilty of an offence.
Accidents
ARTICLE 27
DUTY TO STOP IN CASE OF ACCIDENT
(1) If
in any case, owing to the presence of a vehicle on a road, an accident occurs
whereby damage or injury is caused to any person, vehicle, animal or real property,
the driver of the vehicle shall stop, shall immediately inform a Police Officer
of the occurrence of the accident and shall not move the vehicle or any trailer
drawn thereby without the consent of a Police Officer.
(2) If
any person fails to comply with the provisions of this Article, he shall be
guilty of an offence :
Provided that a person shall not be convicted of an offence under
this Article if he proves to the satisfaction of the court that his failure to
comply with the provisions thereof was not with the intent of avoiding any
civil or criminal liability arising out of the accident.
(3) In
this Article, the expression “animal” means any horse, cattle, ass,
mule, sheep, pig, goat or dog.
Miscellaneous provisions
ARTICLE 28
TAKING VEHICLE WITHOUT OWNER’S CONSENT OR OTHER AUTHORITY
(1) Every
person who takes and drives away any vehicle without having either the consent
of the owner thereof or other lawful authority shall be liable –
(a) in the case of a first
offence, to a fine not exceeding fifty pounds or to imprisonment for a term not
exceeding three months ;
(b) 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 twelve months, or to both such fine and
imprisonment :
Provided that if the court or the jury, as the case may be, is
satisfied that the accused acted in the reasonable belief that he had lawful
authority, or in the reasonable belief that the owner would, in the
circumstances of the case, have given his consent if he had been asked therefor, the accused shall not be liable to be convicted
of the offence.
(2) If,
on the trial of a person on a charge of stealing a vehicle, the court or the
jury, as the case may be, is of the opinion that he was not guilty of stealing
the vehicle but was guilty of an offence under this Article, he may be found
guilty of that offence and thereupon he shall be liable to be punished
accordingly.
ARTICLE 29
RESTRICTIONS ON PERSONS BEING TOWED BY, GETTING ON TO OR TAMPERING
WITH MOTOR VEHICLES
(1) If
any person otherwise than with reasonable cause takes or retains hold of, or
otherwise than with lawful authority or reasonable cause gets on to, a motor
vehicle or trailer while in motion on any road, for the purpose of being drawn or
carried, 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.
(2) If
while a motor vehicle is on a road or public place or on any place provided for
the parking of vehicles, any person otherwise than with lawful authority or
reasonable cause gets on to the vehicle or tampers with the brake or other part
of the mechanism of the vehicle, he shall be guilty of an offence.
ARTICLE 30
PROHIBITION ON LEAVING OF VEHICLES ON ROADS IN POSITIONS LIKELY TO
CAUSE DANGER OR OBSTRUCTION
(1) If
any person in charge of a vehicle causes or permits 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
in such condition or in such circumstances as to be likely to cause danger to
other persons using the road ;
he shall be guilty of an offence :
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.
ARTICLE 31
POWER TO MAKE PROVISION WITH REGARD TO REMOVAL OF VEHICLES FROM
ROADS
Provision may be made by order –
(a) in relation to the
removal from roads, and safe custody, of vehicles which have broken down, or
which have been permitted to remain at rest on a road 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 to appear to have been
abandoned, and of the loads carried thereby ; and
(b) for the recovery of any
expenses incurred by any public authority in the execution of the order.
ARTICLE 32
PROVISIONS WITH RESPECT TO STRETCHING OF ROPES ETC., ACROSS PUBLIC
ROADS
Any person who for any purpose places or causes to be placed any
rope, wire or other apparatus across a public road or any part thereof in such
a manner as to be likely to cause danger to persons using the road shall,
unless he proves that he had taken all necessary means to give adequate warning
of the danger, be guilty of an offence.
Provisions relating to public roads
ARTICLE 33
POWER TO RESTRICT USE OF ROADS BY VEHICLES
(1) The
Constable of any parish may make bye-laws for any of the following purposes or
with respect to any of the following matters –
(a) the specification of
the routes to be followed by vehicles ;
(b) the prohibition or
restriction of the use of specified roads by vehicles of any specified class or
description, either generally or at particular times ;
(c) the prohibition of the
driving of vehicles on any specified road otherwise than in a specified
direction ;
(d) places in roads where
vehicles, or vehicles of any specified class or description, may or may not be
left unattended, either generally or at particular times ;
(e) places in roads where
vehicles, or vehicles of any specified class or description, may or may not
wait, either generally or at particular times ;
(f) otherwise in
relation to the regulation of traffic :
Provided that no bye-law shall be made under this paragraph 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.
(2) Bye-laws
made under this Article shall be laid before the States as soon as may be after
they are made, and if the States, within the period of twenty-one days
beginning with the day on which any such bye-laws are laid before them, resolve
that they be annulled, they shall cease to have effect, but without prejudice
to anything previously done thereunder or to the
making of any new bye-laws.
(3) A
Constable by whom any bye-laws under this Article are made shall cause traffic
signs to be placed on or near the roads to which the bye-laws relate in such a
manner as to indicate the requirements of the bye-laws and shall publish in
such manner as may be prescribed notice of the fact that the bye-laws have been
made and of their effect.
(4) Any
person who uses a vehicle or causes or permits a vehicle to be used in contravention
of any bye-law made under this Article shall be liable, in the case of a first
offence, to a fine not exceeding one pound, and, in the case of a second or
subsequent conviction, to a fine not exceeding two pounds.
ARTICLE 34
POWER OF HIGHWAY AUTHORITY TEMPORARILY TO PROHIBIT OR RESTRICT
TRAFFIC ON ROADS
(1) Subject
to the provisions of paragraph (3) of this Article, if a highway authority is
satisfied that traffic on any road for the maintenance of which it is
responsible should, by reason of any works being executed or proposed to be
executed on or near the road, be restricted or prohibited, it may restrict or
prohibit the use of that road or of any part thereof by vehicles or by vehicles
of any particular class or description to such extent and subject to such
conditions or exceptions as it may consider necessary.
(2) The
powers vested in a highway authority by paragraph (1) of this Article may be
exercised by the President of the authority where it appears to him that, owing
to the likelihood of danger to the public or of serious damage to the highway,
the use of a road or of any part thereof should immediately be restricted or
prohibited :
Provided that no restriction or prohibition imposed under this
paragraph shall continue in force for a longer period than fourteen days.
(3) So
long as any restriction or prohibition imposed under this Article is in force,
a notice stating the effect thereof, and describing the alternative route or
routes available for traffic, shall be kept posted in a conspicuous manner at
each end of the part of the road to which the re
striction or prohibition relates,
and at the points at which it will be
necessary for vehicles to diverge from the road.
(4) Any
person who uses a vehicle in contravention of any restriction or prohibition
imposed under this Article shall be liable, in the case of a first offence, to
a fine not exceeding one pound, and, in the case of a second or subsequent
conviction, to a fine not exceeding two pounds.
(5) In
this Article, “highway authority”, in relation to a main road
(“grande route”), means the “Comité d’Administration
des Grandes Routes” and, in relation to a
by-road (“chemin vicinal”), means the
Roads Committee of the parish in which the road is situated.
(6) Article
1B of the “Loi (1914) sur
la Voirie”, as amended, is hereby
repealed.
Traffic signs and directions.
ARTICLE 35
ERECTION OF TRAFFIC SIGNS
(1) The
Constable of any parish may cause traffic signs to be placed on or near any
road in the parish, and shall in such cases as may be required by this Law or
as may be prescribed, cause traffic signs to be so placed.
(2) Traffic
signs shall be of the size, colour and type
prescribed by order of the Committee and any order prescribing the size, colour and 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.
(3) The
Constable of a parish shall by notice in writing require the owner or occupier
of any land on which there is any traffic sign (not being a traffic sign placed
in pursuance of paragraph (1) of this Article) or any object which so closely
resembles a traffic sign that it might reasonably be taken to be such a sign to
remove it, and if any person fails to comply with such a notice the Constable
may himself cause the removal to be effected, doing as little damage as may be,
and may recover as a civil debt from the person so in default the expense
incurred by him in so doing.
(4) Any
person authorized by the Constable of a parish 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 carrying this Article into
effect.
ARTICLE 36
PENALTIES FOR NEGLECT OF TRAFFIC DIRECTIONS
(1) Where
a traffic controller is for the time being engaged in the regulation of traffic
on a road, or where any traffic sign being a sign for regulating the movement
of traffic or indicating the route to be followed by traffic and being of the
prescribed size, colour and type, has been lawfully
placed on or near any road, any person driving any vehicle who –
(a) neglects or refuses to
stop the vehicle or to make it proceed in or keep to a particular line of
traffic when directed to do so by the traffic controller in the execution of
his duty ; or
(b) fails to conform to the
indication given by the sign ;
shall be liable to a fine not exceeding two pounds.
(2) The
Committee may by order provide that a person shall not be convicted of an
offence under sub-paragraph (b) of paragraph
(1) of this Article for failure to conform to the indication given by any such
sign as may be specified in the order, if he proves to the satisfaction of the
court –
(a) that the vehicle which
he was driving was being used for fire service, ambulance or police purposes ;
(b) that to have conformed
to the indication would have unreasonably hindered the use of the vehicle for
the purpose for which it was being used ;
(c) that he took all
reasonable precautions to prevent danger to the persons using the road ; and
(d) that he complied with
any prescribed requirements.
(3) For
the purposes of this Article, a traffic sign placed on or near a road shall be
deemed to be of the prescribed size, colour and type,
and to have been lawfully so placed, unless the contrary is proved.
(4) In
this Article, “traffic controller” means any Police or Traffic
Officer or any person employed by the Committee for the purpose of regulating
traffic on roads.
Provisions as to weight and weighing of vehicles.
ARTICLE 37
METHOD OF CALCULATING WEIGHT
For the purposes of this Law and of any other enactment relating to
the use of motor vehicles on roads, the weight unladen
of any vehicle shall be taken to be the weight of the vehicle inclusive of the
body and all parts (the heavier being taken where alternative bodies or parts
are used) which are necessary to or ordinarily used with the vehicle when
working on a road, but exclusive of the weight of water, fuel or accumulators
used for the purpose of the supply of power for the propulsion of the vehicle,
and of loose tools and loose equipment.
ARTICLE 38
WEIGHING OF MOTOR VEHICLES
Subject to any order, it shall be lawful for a Police or Traffic
Officer to require the person in charge of any motor vehicle to allow the
vehicle or any trailer drawn thereby to be weighed, either laden or unladen, and the weight transmitted to the road by any
parts of the vehicle or trailer in contact with the road to be tested, and for
that purpose to proceed to a weighbridge or other machine for weighing
vehicles, and if any person in charge of a motor vehicle refuses or neglects to
comply with any such requirement, he shall be guilty of an offence :
Provided that it shall not be lawful for a Police or Traffic
Officer to require the person in charge of the motor vehicle to unload the
vehicle or trailer, or to cause or allow it to be unloaded, for the purpose of
being weighed unladen.
Orders
ARTICLE 39
ORDERS WITH REGARD TO MOTOR VEHICLES
(1) Provision
may be made by order as to the use of motor vehicles and trailers on roads,
their construction and equipment and the conditions under which they may be so used
and, in particular, but without prejudice to the generality of the foregoing
provisions, with respect to any of the following matters –
(a) the width, height and
length of motor vehicles and trailers and the load carried thereby, the
diameter of wheels, and the width, nature and condition of tyres,
of motor vehicles and trailers ;
(b) the consumption of
smoke and the emission of visible vapour, sparks,
ashes and grit ;
(c) excessive noise owing
to the design or condition of the vehicle, or the loading thereof ;
(d) the maximum weight unladen and laden of motor vehicles and trailers, and the
maximum weight to be transmitted to the road or any specified area thereof by a
motor vehicle or trailer of any class or description or by any part or parts of
such a vehicle or trailer in contact with the road, and the conditions under
which the weights may be required to be tested ;
(e) the particulars to be
marked on motor vehicles and trailers ;
(f) the towing of or
drawing of vehicles by motor vehicles ;
(g) the number and nature
of brakes, and for securing that brakes, silencers and steering gear shall be
efficient and kept in proper working order ;
(h) the appliances to be
fitted for signalling the approach of a motor
vehicle, or enabling the driver of a motor vehicle to become aware of the
approach of another vehicle from the rear, or for intimating any intended
change of speed or direction of a motor vehicle and the use of any such
appliance, and for securing that they shall be efficient and kept in proper working
order, and for prohibiting the use of appliances fitted to motor vehicles for signalling their approach by sound at any times, and on or
in any roads or localities, specified in the order ;
(j) for empowering
persons authorized by or under the order to test and inspect a motor vehicle,
whether on a road or elsewhere ;
(k) licences,
and in particular with respect to the record to be kept of licences,
and for making any particulars with respect to any persons who are disqualified
for holding or obtaining licences or whose licences are suspended or endorsed available for use by the
police, and for preventing a person holding more than one licence
and for facilitating the identification of holders of licences
and for providing for the issue of a new licence in
the place of a licence lost or defaced on payment of
such fee as may be prescribed ;
and different provisions may be made as respects different classes
or descriptions of vehicles or as respects the same class or description of
vehicles in different circumstances.
(2) If
any person uses, or causes or permits to be used, on any road a motor vehicle
or trailer which does not comply with the provisions of any order made under
this Article applicable to the class or description of vehicles to which the
vehicle belongs, as to the construction, weight and equipment thereof, he shall
be guilty of an offence.
ARTICLE 40
ORDERS WITH REGARD TO VEHICLES OTHER THAN MOTOR VEHICLES
Provision may be made by order –
(a) for regulating the
number, nature and use of brakes, including skid pans and locking chains in the
case of vehicles drawn by horses or other animals, and of bicycles and
tricycles not being motor vehicles, or of any class or description of such
vehicles, when used on roads, and for securing that such brakes shall be
efficient and kept in proper working order, and for empowering persons
authorized by or under the order to test and inspect any such brakes, whether
on a road or elsewhere ; and
(b) for prescribing the
appliances to be fitted to bicycles or tricycles, not being motor vehicles, for
signalling their approach when used on roads and for
securing that the riders of such vehicles shall by means of such appliances as
aforesaid give audible and sufficient warning of their approach ;
and different provision may be made as respects the same class or
description of vehicles in different circumstances.
ARTICLE 41
PROHIBITION ON SALE ETC., OF VEHICLES IN A CONDITION NOT COMPLYING
WITH ORDERS AS TO CONSTRUCTION, ETC
(1) If
any person sells or lets on hire or supplies a vehicle or trailer in the
knowledge of the fact that the vehicle or trailer is in such a condition that
the use thereof on a road in that condition would be unlawful by virtue of the
provisions of Article 39 or Article 40, as the case may be, of this Law, and
fails to disclose that fact to the person to whom the vehicle or trailer is
sold or let on hire or supplied, he shall be guilty of an offence.
(2) In
any proceedings for an offence under this Article, the fact that a vehicle or
trailer was in such a condition that the use thereof on a road in that
condition would have been unlawful by virtue of Article 39 or Article 40, as
the case may be, of this Law, shall be deemed to have been in the knowledge of
the defendant unless the contrary is proved.
ARTICLE 42
GENERAL PROVISIONS AS TO ORDERS
(1) The
Committee may make orders for any purpose for which orders may be made under
this Law and for prescribing anything which may be prescribed under this Law
and generally for the purpose of carrying this Law into effect :
Provided that no order shall be made under Article 2 of this Law
unless a draft thereof has been laid before and approved by the States.
(2) Every
order made under this Law shall, except in the case of an order to which the
proviso to paragraph (1) of this Article applies, 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 Law 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.
(4) If
any person acts in contravention of, or fails to comply with, any order made
under this Law, contravention of or failure to comply with which is not made an
offence under any other provision of this Law, he shall, for each offence, be
liable to such maximum penalty, not exceeding a fine of twenty pounds, as may
be prescribed by the order.
General
ARTICLE 43
ISSUE BY COMMITTEE OF DIRECTIONS FOR GUIDANCE OF USERS OF ROADS
(1) The
Committee may prepare a code (in this Article referred to as “the highway
code”) comprising such directions as appear to it to be proper for the
guidance of persons using roads and may from time to time revise the code in
such manner as it thinks fit.
(2) The
Committee shall cause the highway code and every revised edition thereof to be
printed and issued to the public at a price not exceeding sixpence for each
copy.
(3) A
failure on the part of any person to observe any provision of the highway code
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 44
DUTY TO GIVE INFORMATION AS TO PERSON IN CHARGE OF VEHICLE
(1) Where
an offence is alleged to have been committed in connexion
with a vehicle being on a road –
(a) the owner of the
vehicle shall give such information as he may be required by or on behalf of
the Constable of a parish or a Centenier to give as
to the identity of the person in charge of the vehicle at the time of the
commission of the alleged offence, and, if he fails to do so, shall be guilty
of an offence, unless he shows to the satisfaction of the court that he did not
know and could not with reasonable diligence have ascertained who was the
person in charge of the vehicle as aforesaid ; and
(b) any other person shall,
if required as aforesaid, give any information which it is in his power to give
and which may lead to the identification of the person in charge of the vehicle
as aforesaid, and, if he fails to do so, he shall be guilty of an offence.
(2) In
this Article, “owner”, in relation to a vehicle which is the
subject of a hiring agreement or a hire-purchase agreement, means the person in
possession of the vehicle under that agreement.
ARTICLE 45
PENALTIES FOR OFFENCES
A person guilty of an offence under this Law for which no special
penalty is provided 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 or to imprisonment for a term
not exceeding three months.
ARTICLE 46
POWER TO LEVY FINES SUMMARILY
(1) Any
fine imposable for an offence under this Law, or under any order, may be
inflicted and levied summarily by the Constable or any Centenier
of the parish in which the offence was committed :
Provided that this paragraph shall not apply –
(a) where the offender, if
convicted by a court, would be liable to a fine exceeding two pounds ; or
(b) where the offence is a
motoring offence and under this Law or under any enactment repealed by this Law
the particulars of any conviction or any disqualification to which the offender
has, during the preceding three years, become subject, have been ordered to be
endorsed on any licence held by him ; or
(c) where the offender
refuses to accept the decision of the Constable or Centenier.
(2) Where
any fine is levied by a Constable or Centenier in
pursuance of the powers conferred on him by this Article, he shall give a
receipt for the same.
ARTICLE 47
APPLICATION OF FINES
(1) All
fines imposed for offences under Articles 11, 13 to 16 inclusive, 26 and 28 of
this Law shall be awarded for the benefit of Her Majesty.
(2) Subject
to the provisions of paragraph (1) of this Article, all fines imposed for
offences under this Law or under any order shall be awarded for the benefit of
the General Revenues of the States except where the maximum fine which may be
inflicted for the offence does not exceed two pounds, in which case it shall be
awarded for the benefit of the parish in which the offence was committed and
shall be applied towards the cost of maintenance of the by-roads of the parish.
ARTICLE 48
FINANCIAL PROVISIONS
All fees received by the Constable of a parish under this Law shall
be applied towards the cost of maintenance of the by-roads of the parish and
all other fees received under this Law shall be credited to the General
Revenues of the States.
ARTICLE 49
SAVING
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.
ARTICLE 50
REPEAL AND AMENDMENT OF EXISTING REGULATIONS
(1) The
following provisions of the “Règlement
(1956) sur la police des chemins
et des endroits publics” are
hereby repealed, namely –
(a) in paragraph (1) of
Article 1, the definitions of “automobiliste”
and “vélocipédiste” ;
(b) paragraph (2) of
Article 1 ;
(c) Articles 2 to 9
inclusive ;
(d) Article 11 ;
(e) Articles 13 to 20
inclusive ;
(f) Articles 23 and
24 ;
(g) in Article 25,
sub-paragraphs (a), (c), (d),
(e) and (f) of paragraph (1) and paragraphs (4) and (5) ;
(h) Articles 26 to 29
inclusive ;
(j) in paragraph (1)
of Article 35, the words “par l’alinéa
(13) de l’Article 2,” the words
“par l’Article 11,” the figures
“15, 16, 19, 24,” and the figure “27,” ;
(k) Articles 39 and 40 ;
(l) the Appendices.
(2) In
Article 41 of the said “Règlement”,
for the figures “36, 37, 38, 39 et 40” there shall be substituted
the figures “36, 37 et 38”.
(3) For
Article 50 of the said “Règlement”
there shall be substituted the following Article –
“ARTICLE 50
Le produit des amendes
imposées en vertu
des Articles 10 à 34 inclusivement
sera appliqué à la réparation
des chemins vicinaux de la Paroisse où le délit aura été
commis; les amendes imposées en vertu des
Articles 36 à 46 inclusivement
seront au bénéfice
de Sa Majesté.”
ARTICLE 51
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Road Traffic (Jersey) Law, 1956.
(2) This
Law shall come into force on such day or days as the States may by Act appoint,
and different days may be fixed for different purposes and different provisions
of this Law.
To be printed, published and posted.
F. DE L. BOIS,
Greffier of the States.