Jersey Law
26/1993
MOTOR VEHICLE
REGISTRATION (JERSEY) LAW 1993
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ARRANGEMENT OF ARTICLES
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PART I
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PRELIMINARY
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1.
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Interpretation
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PART II
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REGISTRATION
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2.
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Application
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3.
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The
register
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4.
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Registration
of motor vehicles
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5.
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Entries
in the register subsequent to registration
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6.
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Display
of registration marks
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7.
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Orders
in relation to registration
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PART III
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TRADE LICENCES
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8.
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Issue
and renewal of trade licences
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9.
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Display
of trade licence plates
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10.
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Orders
in relation to trade licences
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PART IV
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OFFENCES AND PENALTIES
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11.
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False
or misleading declarations, etc., and failure to make notifications or
furnish particulars
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12.
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Using
vehicles without registration or trade licences or obscuring or not fixing
registration marks or trade licence marks
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13.
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Forgery
and offences involving fraud
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PART V
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MISCELLANEOUS
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14.
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Addresses
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15.
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Orders
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16.
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Non-liability
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17.
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Repeals
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18.
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Citation
and commencement
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SCHEDULE
– Enactments repealed
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MOTOR VEHICLE
REGISTRATION (JERSEY) LAW 1993
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A LAW to revise the Law with regard to the registration of motor
vehicles and to abolish the taxation of motor vehicles, sanctioned by Order of
Her Majesty in Council of the
16th day of NOVEMBER
1993
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(Registered on the 19th day of November 1993)
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STATES OF JERSEY
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The 24th day of August 1993
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THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
PRELIMINARY
ARTICLE 1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“the
Committee” means the Defence Committee;
“the
Inspector” means the Inspector of Motor Traffic appointed under Article 3
of the Motor Traffic (Jersey) Law 1935;
“invalid
carriage” means a mechanically propelled vehicle which –
(a) has an unladen weight
not exceeding five hundredweight;
(b) is not capable of
exceeding a speed of eight miles per hour on the level under its own power;
(c) is specifically
designed and constructed, and not merely adapted, for the use of a person
suffering from some physical defect or disability; and
(d) is used solely by such
a person;
“motor
trader” has the meaning assigned to it in paragraph (1) of Article 8;
“motor
vehicle” means any mechanically propelled vehicle intended or adapted for
use on roads;
“owner”,
in relation to a motor vehicle which is the subject of a hire purchase
agreement, means the person in possession of the motor vehicle under that
agreement, and “owned” or “ownership”, in the same
relation, has a corresponding meaning;
“prescribed”
means prescribed by Order made by the Committee;
“register”
means either –
(a) the register of motor
vehicles described in Article 3; or
(b) to register under this
Law;
“registered
motor vehicle” means a motor vehicle which has been, and at any material
time continues to be, registered pursuant to Article 4;
“registration
document” means a registration document issued in respect of a motor
vehicle under Part II;
“road”
means any public road, any other road to which the public has access, any road
administered by the Housing Committee, any of the roads on the Rue des
Près Trading Estate, any bridge over which a road passes, any public
place and any sea beach.
(2) Unless
the context otherwise requires, where this Law refers to a change of ownership
of a vehicle it includes a reference to the change of ownership of a share in
the vehicle.
(3) A
reference in this Law to a Part or Article by number only, and without further
identification, is a reference to the Part or Article of that number in this
Law.
(4) A
reference in an Article or other division of this Law to a paragraph,
sub-paragraph or clause by number or letter only, and without further
identification, is a reference to the paragraph, sub-paragraph or clause of
that number or letter contained in the Article or other division of this Law in
which that reference occurs.
(5) Unless
the context otherwise requires, where this Law refers to an enactment, the
reference is to that enactment as amended from time to time, and includes a
reference to that enactment as extended or applied by or under another
enactment, including any other provision of that enactment.
PART II
REGISTRATION
ARTICLE 2
Application
Nothing in this
Law shall operate to require the registration under this Law of –
(a) any vehicle other than
a motor vehicle;
(b) any motor vehicle for
the time being the property of the Crown and used by the Lieutenant-Governor in
the performance of his official duties;
(c) any invalid carriage;
or
(d) any vehicle which is
for the time being exempt from registration by virtue of the Motor Vehicles
(International Circulation) (Jersey) Regulations 1958.
ARTICLE 3
The register
(1) The
Inspector shall cause to be compiled and maintained a register of motor
vehicles containing in respect of each motor vehicle registered under this Law
such particulars as shall be prescribed.
(2) The
register may be compiled or maintained by recording particulars –
(a) in written form; or
(b) by mechanical,
electronic or other means by which those particulars will remain stored and
capable of reproduction in written form; or
(c) by a combination of
those methods.
ARTICLE 4
Registration of
motor vehicles
(1) Upon
the receipt by the Inspector of –
(a) an application in the
prescribed form made by the owner of a motor vehicle for its registration
containing such particulars in respect of the motor vehicle as shall be
prescribed;
(b) evidence in the
prescribed form of insurance being in force in respect of third-party risks in
relation to the use of the vehicle by the owner; and
(c) the prescribed fee;
and upon the
Inspector being satisfied that –
(d) the particulars of the
vehicle stated in the application are correctly stated;
(e) the vehicle complies
with the prescribed requirements for registration; and
(f) the vehicle is in
the Island;
the Inspector
shall –
(g) register the vehicle,
assign or cause to be assigned to the vehicle a registration mark and enter in
the register such particulars in respect of the vehicle as shall be prescribed;
and
(h) issue to the owner a
registration document in the prescribed form in respect of the vehicle.
(2) In
the case of a motor vehicle registered under the Motor Vehicle Duty (Jersey)
Law 1957 and in existence immediately
before the coming into force of this Article –
(a) the registration of the
vehicle; or
(b) the assignment to the
vehicle of a registration mark;
under that Law
shall be deemed to be a registration or assignment effected under this Law and
the registration book last issued under that Law in respect of the vehicle
shall be deemed to be a registration document issued under this Law.
(3) Nothing
in this Law shall prevent the Inspector from assigning –
(a) to a motor vehicle a
registration mark previously assigned to another vehicle but no longer in
effect; or
(b) a registration mark to
a motor vehicle to which another registration mark, no longer in effect, has
previously been assigned.
ARTICLE 5
Entries in the
register subsequent to registration
(1) Within
the prescribed period and in the prescribed manner the owner of a registered
motor vehicle shall notify the Inspector of –
(a) an alteration of the
vehicle rendering incorrect any of the particulars contained in the
registration document last issued in respect of the vehicle;
(b) a change of the address
of the owner from that contained in the registration document last issued in
respect of the vehicle; or
(c) the permanent removal
from the Island, breaking up or destruction of the vehicle.
(2) After
a change of ownership of a registered motor vehicle, the previous owner and the
new owner of the vehicle shall each within the prescribed period and in the
prescribed manner notify the Inspector of the change of ownership.
(3) Upon
the receipt by the Inspector of –
(a) notification pursuant
to paragraph (1) or (2); or
(b) other evidence
satisfactory to the Inspector of a matter notifiable under paragraph (1) or
(2);
the Inspector may
enter the relevant particulars in the register.
(4) Where
the Inspector makes an entry in the register pursuant to paragraph (3) in
respect of –
(a) an alteration of a
registered motor vehicle or a change of address of the owner of a registered
motor vehicle, he shall issue to the owner a registration document in respect
of the vehicle recording the alteration or change;
(b) the permanent removal
from the Island, breaking up or destruction of a registered motor vehicle, he
shall cancel the registration of the vehicle and make an entry to that effect
on the register;
(c) a change of ownership
of a registered motor vehicle, he shall issue to the new owner a registration
document in respect of the vehicle recording him as owner of the vehicle.
(5) In
any case to which paragraph (4) applies, the Inspector shall cancel any
registration document previously issued which is delivered to him and may at
his discretion destroy it.
ARTICLE 6
Display of
registration marks
(1) The
registration mark assigned to a motor vehicle in accordance with this Law shall
be fixed on the vehicle, or on any other vehicle drawn by that vehicle, or on
both, in the prescribed manner.
(2) Except
as provided in paragraph (1), no person shall fix a registration mark assigned
to a motor vehicle in accordance with this Law on any other vehicle, and if he
does so he shall be liable to a fine not exceeding two thousand pounds or to
imprisonment for a term not exceeding six months.
(3) Where
the registration mark assigned to a motor vehicle in accordance with this Law
is displayed on the vehicle in a manner other than the prescribed manner, the
Inspector may, by letter posted to the person recorded in the register as the
owner of the vehicle at the most recent address notified by him to the
Inspector, serve notice on that person of his intention to withdraw the
registration mark unless within a period of fourteen days after the posting of
the letter the vehicle is produced to the Inspector with the registration mark
displayed on the vehicle in the prescribed manner; and if the requirements of
the notice are not complied with the Inspector may withdraw the registration
mark and assign another registration mark in its place, such withdrawal and
assignment to take effect on a day specified by the Inspector and notified by
him to that person in the same manner as the notice previously served.
ARTICLE 7
Orders in relation
to registration
The Committee may
by Order make provision with respect to the registration of motor vehicles and,
in particular, but without prejudice to the generality of the foregoing –
(a) records to be compiled
and maintained by the Inspector in respect of the registration of motor
vehicles;
(b) eligibility of motor
vehicles for registration;
(c) forms of application
for registration of motor vehicles, particulars required to be furnished in
connection with them and evidence of insurance being in force in respect of
third-party risks in relation to their use;
(d) fees payable on
applications for the registration of motor vehicles;
(e) assignment of
registration marks;
(f) notification to
the Inspector within a prescribed period and in a prescribed manner of –
(i) any alteration to
a registered motor vehicle;
(ii) any change of address
of the owner of a registered motor vehicle;
(iii) any change of ownership of a
registered motor vehicle;
(iv) the permanent removal from
the Island, breaking up or destruction of a registered motor vehicle;
(g) inspection of motor
vehicles to establish eligibility for registration or to verify particulars
stated in any application, notification or registration document and production
of motor vehicles for inspection;
(h) verification of
particulars entered in the register and the monitoring of their continuing
accuracy;
(j) amendment of the
register by the correction of incorrect particulars, completion of incomplete
particulars and insertion of particulars which have been omitted;
(k) forms of registration
documents, particulars to be entered on them, issue and surrender of
registration documents and correction or replacement of incorrect or incomplete
registration documents;
(l) issue of
registration documents in replacement of registration documents which may be
lost, stolen, destroyed, damaged or become illegible, and fees to be paid on
issue of replacement documents;
(m) issue of registration
documents in replacement of registration books issued under the Road Vehicles
(Registration Books) (Jersey) Order 1957 or 1962;
(n) production to and
inspection by prescribed persons of registration documents;
(o) making any particulars
contained in the register available in prescribed circumstances for use by
prescribed persons;
(p) size, shape and
character of the registration marks to be fixed on any vehicle, and the manner
in which those marks are to be displayed and rendered distinguishable, whether
by night or by day; and
(q) the manner in which on
the application of –
(i) the owner of a
motor vehicle, a registration mark may be assigned to the vehicle in
replacement of a mark previously assigned to it; or
(ii) the owner or owners of
two or more motor vehicles, the registration marks previously assigned to the
vehicles respectively may be exchanged between them;
and for the fee
or fees to be paid in such cases.
PART III
TRADE
LICENCES
ARTICLE 8
Issue and renewal
of trade licences
(1) In
this Law, the expression “motor trader” means a dealer in, or a
manufacturer or repairer of, motor vehicles.
(2) On
application in the prescribed form for a trade licence by a motor trader, the
Inspector may, on payment of the prescribed fee –
(a) assign to the applicant
a trade licence mark and issue to him a trade licence;
(b) issue the applicant
with trade licence plates bearing the trade licence mark assigned to him; and
(c) deliver to the
applicant a receipt in respect of the fee paid.
(3) The
trade licence plates so issued may be fixed to any motor vehicle which is
–
(a) owned in the course of
his business as a motor trader by the person holding the trade licence; and
(b) not a registered motor
vehicle.
(4) A
person shall not by virtue of holding a trade licence –
(a) use more than one
vehicle at any one time, except in the case of a vehicle drawing a trailer and
used for a prescribed purpose; or
(b) use any vehicle for any
purpose other than such purposes as shall be prescribed.
(5) A
trade licence shall remain in force until the end of the calendar year in which
it is issued and shall be subject to renewal as provided in paragraph (6).
(6) Upon
the receipt by the Inspector of an application in the prescribed form made by a
person to whom a trade licence has been issued and who is a motor trader for
the renewal of the licence, the Inspector may, on payment of the prescribed
fee, renew his licence and his entitlement to the use of the trade licence
plates bearing the trade licence mark previously assigned to him for a further
calendar year and issue to him a receipt for the fee paid.
(7) Nothing
in this Article shall prevent a person entitled to obtain a trade licence from
holding two or more such licences and trade licence marks and the trade licence
plates issued in respect of each of those licences.
(8) Any
person aggrieved by the refusal of the Inspector to issue or renew a trade
licence may appeal to the Committee and the Committee shall, on any such
appeal, give such directions in the matter as it thinks just, and the Inspector
shall comply with such directions.
ARTICLE 9
Display of trade
licence plates
Where a person
uses or keeps a motor vehicle on a road by virtue of holding a trade licence,
the trade licence plates issued to that person in respect of the trade licence
shall be fixed on the vehicle in the prescribed manner.
ARTICLE 10
Orders in
relation to trade licences
The Committee may
by Order make provision with respect to trade licences and, in particular, but
without prejudice to the generality of the foregoing –
(a) records to be compiled
and maintained by the Inspector in respect of trade licences;
(b) the purposes for which
and by whom a vehicle may be used by virtue of the holding of a trade licence;
(c) forms of application
for the issue and renewal of trade licences and the manner in which
applications are to be made for issue and renewal;
(d) fees payable on
applications for the issue and renewal of trade licences, and forms of receipts
for fees so paid;
(e) issue and form of trade
licences;
(f) assignment of
trade licence marks;
(g) size, shape and
characteristics of trade licence marks and trade licence plates;
(h) the manner in which
trade licence plates are to be fixed on any vehicle and the manner in which
they are to be displayed and rendered distinguishable, whether by day or by
night;
(j) display on trade
licence plates of –
(i) receipts for fees
paid on the issue or renewal of trade licences; and
(ii) insurance discs issued
under the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948;
(k) notification to the
Inspector of any change of address of the holder of a trade licence;
(l) issue of trade
licences and trade licence plates in replacement of licences or plates which
may be lost, stolen, destroyed, damaged or become illegible, and fees to be
paid on the issue of a replacement licence or plate;
(m) production to and inspection
by prescribed persons of trade licences and trade licence plates; and
(n) making information as
to trade licences and trade licence plates available in prescribed
circumstances for use by prescribed persons.
PART IV
OFFENCES
AND PENALTIES
ARTICLE 11
False or
misleading declarations, etc., and failure to make notifications or furnish
particulars
(1) Any
person who –
(a) in applying for
registration of a motor vehicle under Article 4;
(b) being required by
virtue of Article 5 to notify the Inspector of the alteration, removal from the
Island, breaking up or destruction or change of ownership of a registered motor
vehicle or the change of address of the owner of a registered motor vehicle; or
(c) in applying for the
issue or renewal of a trade licence under Article 8;
makes a
declaration or notification or furnishes particulars which to his knowledge is
or are false or in any material respect misleading shall be liable to a fine
not exceeding five hundred pounds or to imprisonment for a term not exceeding
six months.
(2) Any
person required by virtue of Article 5 to notify the Inspector of the
alteration, removal from the Island, breaking up or destruction or change of
ownership of a registered motor vehicle or the change of address of the owner
of a registered motor vehicle who fails to make such notification within the
prescribed period and in the prescribed manner shall be liable to a fine not
exceeding five hundred pounds.
ARTICLE 12
Using vehicles
without registration or trade licences or obscuring or not fixing registration
marks or trade licence marks
(1) Subject
to paragraph (2), no person shall use or keep on a road a motor vehicle which
is not either –
(a) a registered motor
vehicle;
(b) exempt from
registration by virtue of Article 2; or
(c) used or kept on the
road by virtue of a trade licence issued under Article 8.
(2) It
shall be a defence for a person charged under paragraph (1) to prove that the
vehicle was being driven on a road either –
(a) for the purpose of
taking it for registration under Article 4; or
(b) directly from the point
at which the vehicle had entered the Island to the place at which it was to be
kept or kept until it was taken to be so registered.
(3) A
person guilty of an offence under paragraph (1) shall be liable to a fine not
exceeding two thousand pounds or to imprisonment for a term not exceeding six
months.
(4) If
a person who holds a trade licence issued in accordance with Article 8 and in
the purported exercise of such licence –
(a) uses or keeps on a road
or roads at any one time more than one vehicle or more than one vehicle drawing
a trailer; or
(b) uses a vehicle
on a road for any purpose other than a purpose prescribed in connection with
the trade licence;
he shall be
liable to a fine not exceeding two thousand pounds or to imprisonment for a
term not exceeding six months.
(5) In
any proceedings under paragraph (4), if any question arises –
(a) as to the number of
vehicles used or kept; or
(b) as to the purpose for
which any vehicle has been used;
the burden of
proof in respect of the matter in question shall lie on the defendant.
(6) If
any registration mark or trade licence plate to be fixed on a vehicle in
accordance with Article 6 or 9 is not so fixed, a person using or keeping the
vehicle on a road shall be liable to a fine not exceeding five hundred pounds.
(7) Subject
to paragraph (8), if –
(a) any registration mark;
or
(b) any trade licence mark
borne on a trade licence plate;
fixed on a
vehicle in accordance with Article 6 or 9 is in any way obscured or rendered or
allowed to become not easily distinguishable, a person using or keeping the
vehicle on a road shall be liable to a fine not exceeding five hundred pounds.
(8) It
shall be a defence for a person charged under paragraph (7) to prove that he
took all steps reasonably practicable to prevent the mark being obscured or
rendered not easily distinguishable.
(9) Where
it is alleged that a vehicle has been used or kept on a road in contravention
of any of the foregoing provisions of this Article –
(a) the owner of the
vehicle shall give such information as he may be required by or on behalf of
–
(i) the Inspector; or
(ii) a police officer within
the meaning of the Police Force (Jersey) Law 1974;
to give as to the
identity of any person using or keeping the vehicle and, if he fails to do so,
he 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 using or keeping the vehicle; 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 using or keeping the
vehicle and, if he fails to do so, he shall be guilty of an offence.
(10) A
person guilty of an offence under sub-paragraph (a) or (b) of paragraph (9)
shall be liable to a fine not exceeding five hundred pounds.
ARTICLE 13
Forgery and
offences involving fraud
If any person
forges, or fraudulently alters or uses, or fraudulently lends to or allows to
be used by any other person –
(a) any registration mark
or trade licence plate to be fixed on a motor vehicle in accordance with
Article 6 or 9; or
(b) any registration
document, trade licence or receipt for a fee paid on the issue or renewal of a
trade licence;
he shall be
liable to a fine not exceeding two thousand pounds or to imprisonment for a
term not exceeding six months.
PART V
MISCELLANEOUS
ARTICLE 14
Addresses
(1) A
person who –
(a) pursuant to Article 4,
applies to the Inspector for the registration of a motor vehicle;
(b) pursuant to Article 5
–
(i) being the owner
of a registered motor vehicle, notifies the Inspector of a change of address;
or
(ii) being the new owner of
a registered motor vehicle, notifies the Inspector of a change of ownership of
the vehicle;
(c) pursuant to Article 8,
applies to the Inspector for a trade licence or renewal of a trade licence; or
(d) being the holder of a
trade licence, notifies the Inspector of a change of address;
shall in the
application or the document by means of which notification is given state as
his address an address in the Island.
(2) The
address to be stated pursuant to paragraph (1) shall –
(a) in the case of a person
applying for a trade licence or renewal of a trade licence or who holds a trade
licence, be the address of his principal place of business as a motor trader in
the Island;
(b) in any other case,
where the person is –
(i) an individual, be
the address of his place of residence or, if he does not reside in the Island,
an address through which he may most readily be contacted; or
(ii) a body corporate, be
the address of its principal place of business in the Island or its registered
office.
ARTICLE 15
Orders
(1) The
Committee may by Order make provision for the purpose of carrying this Law into
effect and in particular, but without prejudice to the generality of the
foregoing, for prescribing any matter which may or is to be prescribed under
this Law.
(2) If
any person acts in contravention of, or fails to comply with, the provisions of
any Order made under this Law he shall, for each offence, be liable to a fine
not exceeding five hundred pounds.
(3) The
Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under
this Law.
ARTICLE 16
Non-liability
(1) The
entry in the register or the inclusion in a registration document of any
information relating to a motor vehicle or its owner or the ownership of a
motor vehicle shall not constitute, or be deemed to constitute, a
representation or warranty (‘garantie’) on the part of the States,
the Committee, any member of the Committee, the Inspector or any person acting
on behalf of the Committee or the Inspector as to the truth, accuracy or
completeness of the information.
(2) Neither
the States nor the Committee nor any member of the Committee nor the Inspector
nor any person acting on behalf of the Committee or the Inspector shall be
liable in damages for or in respect of any act or matter done or omitted to be
done in good faith in the exercise or supposed exercise of the duties imposed
or powers conferred by this Law or any Order made in pursuance of this Law.
ARTICLE 17
Repeals
The enactments
specified in the Schedule to this Law are repealed.
ARTICLE 18
Citation and commencement
(1) This
Law may be cited as the Motor Vehicle Registration (Jersey) Law 1993.
(2) This
Law shall come into force on such day or days as the States may by Act appoint
and different days may be appointed for different purposes or different
provisions of the Law.
C.M. NEWCOMBE
Deputy Greffier
of the States.
SCHEDULE
(Article 17)
Enactments
repealed
Motor Vehicle
Duty (Jersey) Law 1957
Motor Vehicle
Duty (Amendment No. 2) (Jersey) Law 1963
Motor Vehicle
Duty (Amendment No. 3) (Jersey) Law 1964
Motor Vehicle
Duty (Amendment No. 4) (Jersey) Law 1965
Motor Vehicle
Duty (Amendment No. 5) (Jersey) Law 1969
Motor Vehicle
Duty (Amendment No. 6) (Jersey) Law 1988