Motor Vehicles
(Driving Licences) (Jersey) Order 2003
Made 7th February 2003
Coming into force 14th
February 2003
THE HOME AFFAIRS COMMITTEE, in pursuance of Articles 3, 4, 5, 5A, 6,
6A, 10, 13 and 42 of the Road Traffic (Jersey) Law 1956, as amended,[1] orders as follows –
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“basic training course” has the meaning given to that expression by Article 13(1);
“compulsory basic training certificate” means a certificate given in accordance with Article 14(1);
“Inspector” has the same meaning as in the Motor Traffic (Jersey) Law 1935;[2]
“Jersey Highway Code” means the code issued under Article 43 of the Law;[3]
“Law”
means the Road Traffic (Jersey) Law 1956;[4]
“maximum authorized mass” has the same meaning –
(a) in
relation to a goods vehicle as permissible maximum weight; and
(b) in
relation to any other vehicle or trailer as maximum gross weight.
(2) A
reference in this Order in respect of a licence or vehicle to a category by a
letter specified in column 2 of Schedule 1 shall be taken to be a reference to
a vehicle within the class or description of vehicles appearing opposite that
letter in column 1.
(3) A
reference in this Order to a Part, Article or Schedule by number only is a
reference to the Part, Article or Schedule of that number in this Order.
(4) A
reference in an Article or other division of this Order to a paragraph,
sub-paragraph or clause by number or letter only is a reference to the
paragraph, sub-paragraph or clause of that number or letter in the Article or
other division of this Order.
(5) Unless
the context otherwise requires, a reference in this Order to an enactment is a
reference to that enactment as amended from time to time and includes a
reference to that enactment as extended or applied under another enactment.
2 Manner
of application for the grant or renewal of a licence
(1) For
the purposes of Article 3(2)(a) of the Law[5] the prescribed manner of
applying to the parochial authority for the grant of a licence shall be by
completing the prescribed form and submitting it to the parochial authority not
earlier than 3 months before the date on which the licence is to take effect.
(2) In paragraph (1)
the “prescribed form” means the form specified in Schedule 2.
(3) This
Article shall apply equally to an application for the grant of a licence to
take effect immediately following the end of the period of validity of a
previous licence in respect of the same classes of vehicles (“a
renewal”).
3 Prescribed
photograph requirements
(1) For
the purposes of Article 3(2)(b)(ii) of the Law[6] the photograph to accompany
an application for the grant of a licence may be either black and white or
coloured.
(2) It
shall –
(a) be
recently taken;
(b) show
the applicant full faced and without a hat (other than one necessarily worn for
religious compliance that does not obscure the face); and
(c) measure
not more than 50 millimetres (2 inches) by 38 millimetres
(1½ inches) or less than 45 millimetres (1¾ inches)
by 35 millimetres (13/8 inches).
4 Prescribed
certificates - medical certificate
(1) This
Article applies –
(a) on
an application for the first grant of a licence that includes category C, C+E
or D;
(b) on
each application for the grant of a licence by a person to whom Article 3(3A)
or (3B) of the Law[7] applies;
(c) on
an application for the grant of a licence by a person who has indicated in the
application form for the grant of the licence any of the matters referred to in
paragraph (2).
(2) Those
matters are that the person is suffering from, has at any time suffered from
or, if a period is specified in the application form, has during that period
suffered from –
(a) a
disease or physical disability specified in the application form; or
(b) any
other disease or physical disability that would be likely to cause the driving
by the person of a vehicle of the class or description the person would be
authorized by the licence to drive, to be a source of danger to the public.
(3) Where
this Article applies the prescribed certificate for the purposes of
Article 3(2)(b)(iii) of the Law[8] shall be a certificate in a
form approved by the Committee signed by a registered medical practitioner not
more than 3 months prior to the date on which the licence is to have
effect.
5 Prescribed
licences
(1) Where
Article 4(1)(c) of the Law[9] applies the prescribed licence
for the purposes of Article 3(2)(b)(iii) of the Law[10] shall be the domestic
driving permit referred to in Article 4(1)(c) of the Law.[11]
(2) Where
the application is for the grant of a licence after the applicant has passed
the prescribed test for a category of licence the prescribed licence for the
purposes of Article 3(2)(b)(iii) of the Law[12] shall be the provisional
licence last issued to the applicant in respect of that category of vehicle.
(3) Where
the application is for the grant of a licence to which Article 4(1)(b) of
the Law[13] applies the prescribed licence
for the purposes of Article 3(2)(b)(iii) of the Law[14] shall be the licence last
issued to the applicant.
(4) Where
the application is for the first grant of a licence that includes category B+E,
C1 or D1 the prescribed licence for the purposes of Article 3(2)(b)(iii)
of the Law[15] shall be a licence that
includes category B.
(5) When
the application is for the first grant of a licence that includes category C1+E
the prescribed licence for the purposes of Article 3(2)(b)(iii) of the Law[16] shall be a licence that
includes category C1.
(6) When
the application is for the first grant of a licence that includes category D1+E
the prescribed licence for the purposes of Article 3(2)(b)(iii) of the Law[17] shall be a licence that
includes category D1.
(7) Where
the application is for the first grant of a licence that includes category C
the prescribed licence for the purposes of Article 3(2)(b)(iii) of the Law[18] shall be a licence that
includes category C1 and shows that the applicant has held that licence or a
licence to drive that category of vehicle for a continuous period of at least 1
year.
(8) Where
the application is for the first grant of a licence that includes category C+E
the prescribed licence for the purposes of Article 3(2)(b)(iii) of the Law[19] shall be a licence that
includes category C and shows that the applicant has held that licence or a
licence to drive that category of vehicle for a continuous period of at least 1
year.
(9) Where
the application is for the first grant of a licence that includes category D
the prescribed licence for the purposes of Article 3(2)(b)(iii) of the Law[20] shall be a licence that
includes category D1 and shows that the applicant has held that licence or a
licence to drive that category of vehicle for a continuous period of at least 1
year.
(10) Where
the application is for the first grant of a licence that includes category A
the prescribed licence for the purposes of Article 3(2)(b)(iii) of the Law[21] shall be a licence that
includes category A1 and shows that the applicant has held that licence or a
licence to drive that category of vehicle for a continuous period of at least 1
year.
6 Prescribed
declaration
For the purpose of Article 3(2)(c) of the Law[22] the prescribed form of the
declaration is the declaration set out in the prescribed form specified in
Schedule 2.
7 Prescribed
fee payable on application for a licence
For the purpose of Article 3(2)(d) of the Law[23] the prescribed fee payable
by a person applying for a licence (not being a provisional licence) is the fee
calculated in accordance with Schedule 3.
8 Prescribed
form of licence
For the purpose of Article 3(2A) of the Law[24] the prescribed form of
licence (not being a provisional licence) is the form set out in Part 1 of
Schedule 4 printed on pink paper.
9 Prescribed
category of vehicle
For the purpose of Articles 3(3A) and (3B) of the Law[25] the prescribed category of
vehicle is a vehicle in category C, C+E or D.
10 Categories
of vehicles
(1) For
the purpose of determining the class or description of vehicle a licence
authorizes its holder to drive vehicles shall be divided into the categories
specified in columns 1 and 2 of Schedule 1.
(2) A
licence that authorizes a person to drive a category of vehicle specified by a
letter appearing in column 2 of Schedule 1 also authorizes the person
to drive the category or categories of vehicles specified by a letter or
letters appearing in column 3 opposite that category.
(3) Where
a person passes the practical test using a vehicle with automatic transmission paragraph (2)
shall have effect subject to the condition that the person is only authorised
to drive vehicles with automatic transmission.
(4) Each
category of vehicle referred to in paragraph (2) shall be specified in the
licence and where paragraph (3) applies that fact shall be noted in the
licence.
(5) In
this Article a reference to a letter appearing in column 2 or 3 of Schedule 1
includes any figure appearing in those columns.
(6) In
this Article “automatic transmission”, in relation to a vehicle,
means that its driver is not provided with a means by which he or she may,
independently of the use of its accelerator or the brakes, gradually vary the
proportion of power produced by the engine of the vehicle that is transmitted
to its road wheels.
11 Prescribed
countries and domestic driving permits
(1) For
the purpose of Article 4(1A) of the Law[26] the prescribed countries are
those specified in Schedule 5.
(2) It
is provided, in accordance with Article 4(1A)(b) of the Law,[27] that a licence shall not be
granted under Article 4(1)(c) of the Law[28] unless the domestic driving
permit of the applicant is surrendered to the parochial authority for return by
that authority to the issuing authority in the country of issue.
12 Nature
of tests of competence to drive
(1) For
the purpose of Article 4(3) of the Law[29] the tests of a
person’s competence to drive a motor vehicle shall require the person to
undertake –
(a) in
the case of a person specified in paragraph (2), a test following the
person having undertaken a basic training course;
(b) an
off road theory test; and
(c) an
on road practical test.
(2) Paragraph (1)(a)
applies to –
(a) a
person who wants to obtain a licence (not being a provisional licence) to drive
a category A1 or P vehicle; or
(b) a
person who has been disqualified under Article 17 of the Law[30] for holding or obtaining a
licence (not being a provisional licence) to drive a category A vehicle
until the person has passed the prescribed test.
13 Basic
training course defined
(1) In
this Order “basic training course” means a course held or arranged
by the Committee and conducted by an instructor approved by the Committee that
consists of –
(a) a
theoretical section, relating to knowledge of the contents of the Jersey
Highway Code and other relevant motoring matters, and the working and
maintenance of motor bicycles;
(b) “off-road”
training, being training on a motor bicycle off the road in manoeuvring the
motor bicycle; and
(c) “on-road”
training, being training on a motor bicycle on the road in the handling of a
motor bicycle.
(2) A
person undertaking the basic training course shall do so using a motor bicycle
provided for the purpose by that person.
14 Basic
training course certificate
(1) For
the purpose of Article 4(3) of the Law,[31] on a person’s
successful completion of a basic training course the person shall be given a
compulsory basic training certificate.
(2) The
certificate shall be in the form set out in Part 1 of Schedule 6.
15 Theory
test
The off road theory test shall test the applicant’s
knowledge –
(a) of
relevant motoring matters including, in particular, the Jersey Highway Code and
other relevant motoring matters; and
(b) in
the case of a person who wants to obtain a licence to drive a category C, C+E
or D vehicle, of the mechanical operation of a category C, C+E or D vehicle, as
the case may be, and, if appropriate, the effect of distribution of load on the
performance of the vehicle to allow it to be driven safely.
16 Theory
test certificate
(1) For
the purpose of Article 4(3) of the Law,[32] on a person’s
successful completion of an off road theory test the person shall be given a
theory test certificate.
(2) The
certificate shall be in the form set out in Part 2 of Schedule 6.
17 The
practical test
(1) An
on road practical test can not be taken until after the applicant has passed
the theory test.
(2) It
shall be a test taken on public roads in a suitable vehicle provided by the
applicant.
(3) In
general the test shall seek to establish that the applicant –
(a) is
fully conversant with the contents of the Jersey Highway Code and other
relevant motoring matters; and
(b) is
competent to drive, without danger to, and with due consideration for, other
users of the road, a vehicle within the same category as that on which the
applicant is tested.
(4) In particular
the applicant shall be tested in respect of –
(a) the
matters specified in Part 1 of Schedule 7; and
(b) such
matters in Part 2 of that Schedule as are stated to be applicable to the
category of vehicle in respect of which the applicant is being tested.
(5) For
the purpose of Article 4(3)(a) of the Law,[33] in this Article
“suitable vehicle”, in respect of a category of vehicle to be
provided for a test, means, a vehicle described in column 2 of Schedule 8
that appears opposite the category of vehicle in column 1 of that Schedule in
respect of which the applicant is to be tested.
18 Prescribed
test certificate
(1) For
the purpose of Article 4(3) of the Law,[34] on a person’s
successful completion of the practical test the person shall be given a certificate
showing that the person has passed the prescribed test and the category of
vehicle in respect of which the person was tested.
(2) The
certificate shall be in the form set out in Part 1 of Schedule 9.
(3) For
the purpose of Article 4(3) of the Law,[35] if a person fails the
practical test the person shall be given a statement showing that the person
has taken but failed to pass the practical test and the category of vehicle in
respect of which the person was tested.
(4) The
statement shall be in the form set out in Part 2 of Schedule 9.
19 Application
to take test of competence to drive
(1) A
person who wants to undertake the basic training course must apply to the
person holding the course.
(2) A
person who wants –
(a) to
take the theory test; or
(b) to
take the practical test,
must apply to do so in a manner approved by the Inspector.
(3) For
the purpose of Article 4(3)(b) of the Law[36] the fee to accompany an
application referred to in this Article is the appropriate fee set out in
Schedule 3.
20 Application
for theory test
The Inspector shall not accept an application to take the off road
theory test unless the application is accompanied by, or contains details of a
current provisional licence or a valid domestic driving permit that authorizes
the applicant to drive the category of vehicle in respect of which the
applicant is to be tested.
21 Application
for practical test
(1) The
Inspector shall not accept an application to take the on road practical test
unless the application is accompanied by, or contains details of –
(a) a
current provisional licence or a valid domestic driving permit that authorizes
the applicant to drive the category of vehicle in respect of which the
applicant is to be tested;
(b) a
theory test certificate showing that the applicant has successfully passed the
theory test during the 3 years immediately preceding the date of the
application; and
(c) where
the application is made by a person specified in paragraph (2), a
compulsory basic training certificate showing that the applicant has
successfully completed the basic training course during the 3 years
immediately preceding the date of the application.
(2) Paragraph (1)(c)
applies to –
(a) a
person who wants to obtain a licence to drive a category A1 or P vehicle; or
(b) a
person who has been disqualified under Article 17 of the Law[37] for holding or obtaining a
licence to drive a category A vehicle until the person has passed the
prescribed test.
(3) A
person who fails a practical test is ineligible to take another practical test
in respect of the same category of vehicle for 1 week after failing the test.
22 Test
fees
(1) For
the purpose of Article 4(3)(b) of the Law[38] the prescribed fee payable
by a person seeking to submit himself or herself to any part of the prescribed
test is the appropriate fee specified in Schedule 3.
(2) For
the purpose of Article 4(3A)(b) of the Law[39] the prescribed period of
notice is 3 clear days.
(3) For
the purpose of paragraph (2) a Saturday, a Sunday, a day appointed by the
States to be observed as a public holiday, Christmas Day or Good Friday is not
a “clear day”.
23 Taking
the theory test
(1) The
Inspector shall not permit a person to take a theory test unless immediately
before taking the test the person taking the test has produced to the Inspector –
(a) a
current licence or a valid domestic driving permit that authorizes the person
to drive the category of vehicle in respect of which the applicant is to be
tested; and
(b) in
the case of the production of a domestic driving permit that does not contain a
photograph of its holder, evidence of identity satisfactory to the Inspector
that the person taking the test is the person to whom the theory test
certificate is to be granted should that person successfully pass the test.
(2) A
person who fails a theory test is ineligible to take another theory test in
respect of the same category of vehicle for 1 week after failing the test.
24 Taking
the practical test
(1) A
person taking the practical test shall provide a suitable vehicle for the
purpose.
(2) During
the test the vehicle shall not –
(a) carry
passengers or cargo; or
(b) be
fitted with a device designed to permit a person other than its driver to
operate its accelerator.
(3) Paragraph (2)(b)
does not apply if any pedal or lever by which the device is operated and any
other part that it may be necessary to remove to make the device inoperable
have been removed.
(4) An
examiner shall not permit a person to take a practical test unless immediately
before taking the test the person taking the test has produced to the
examiner –
(a) a
current licence or a valid domestic driving permit authorizing the applicant to
drive the category of vehicle in respect of which the applicant is to be
tested;
(b) in
the case of the production of a domestic driving permit that does not contain a
photograph of its holder, evidence of identity satisfactory to the Inspector
that the person taking the test is the person to whom the certificate showing
that the person has passed the prescribed test is to be granted should that
person successfully pass the practical test;
(c) a
certificate showing that there is in force in respect of the vehicle in which
the applicant is to be tested a policy of insurance in respect of third-party
risk that complies with the requirements of the Motor Traffic (Third-Party Insurance) (Jersey)
Law 1948;[40]
(d) a theory test
certificate showing that the person has successfully passed the theory test
during the 3 years immediately preceding the date of the application for the
practical test; and
(e) where
the person taking the practical test is a person specified in paragraph (5),
a compulsory basic training certificate showing that the person has
successfully completed the basic training course during the 3 years
immediately preceding the date of the application for the test.
(5) Paragraph (4)(e)
applies to –
(a) a
person who wants to obtain a licence to drive a category A1 or P vehicle; or
(b) a
person who has been disqualified under Article 17 of the Law[41] for holding or obtaining a
licence to drive a category A vehicle until the person has passed the
prescribed test.
(6) A
person while taking the practical test must allow –
(a) the
examiner; and
(b) any
other person authorized by the Inspector to attend the test to supervise it or
for any other relevant purpose,
to travel in the vehicle provided for the test.
(7) Paragraph (6)
does not apply in respect of a motor cycle or a vehicle not fitted with seats
for passengers.
25 Disqualifying
diseases and physical disabilities - before grant of licence
(1) For
the purpose of Article 5(3)(a) of the Law[42] the prescribed diseases and
physical disabilities are those set out in paragraph (2) and, if the
applicant is applying for a licence that would authorize him or her to drive a
category C or D vehicle, paragraph (3).
(2) The
diseases and physical disabilities are –
(a) epilepsy;
(b) any
severe mental disorder;
(c) any
liability to sudden attacks of disabling giddiness or fainting;
(d) an
inability to read at a distance of 20.5 metres in good daylight (with the
aid of glasses or contact lenses if worn) a series of 6 letters and figures of
the same size and arrangement as those prescribed for the registration mark of
a motor car;
(e) a
persistent misuse of drugs or alcohol whether or not amounting to dependency.
(3) The
additional diseases and physical disabilities in respect of an application for
a licence to drive a category C or D vehicle are –
(a) an
epileptic attack since attaining the age of 5 years;
(b) diabetes
requiring insulin treatment;
(c) abnormal
sight in 1 or both eyes if the visual acuity is worse than 6/9 in the better
eye and worse than 6/12 in the other eye and, if corrective lenses are worn,
the uncorrected acuity in each eye is worse than 3/60;
(d) sight
in only 1 eye unless the visual acuity in that eye is no worse than 6/9.
(4) In paragraph (3)
a reference to a measurement of visual acuity is a reference to visual acuity
measured on the standard letter chart for eye testing known as the Snellen
scale.
26 Epilepsy
- when non disqualifying for obtaining licence
(1) For
the purpose of Articles 5(5) of the Law[43] epilepsy is a prescribed
disease or disability except where the licence the applicant could be granted
would authorize the applicant to drive a category C or D vehicle.
(2) For
the purpose of Articles 5(5) of the Law[44] the conditions the applicant
must satisfy in respect of epilepsy are those set out in paragraph (3).
(3) Those
conditions are –
(a) that
the applicant has been free from epileptic attacks during the period of 1 year
immediately preceding the making of the application; or
(b) if
the applicant has had epileptic attacks during that period of 1 year but only
while asleep, that the only epileptic attacks the applicant has had during the period
of 3 years immediately preceding the making of the application have been
epileptic attacks while the applicant was asleep,
and, in either case, that the driving of a vehicle by the applicant
in pursuance of the licence is not likely to be a source of danger to the
public.
27 Heart
device - when non disqualifying for obtaining licence
(1) For
the purpose of Article 5(5) of the Law[45] the medical condition
described in paragraph (2) is a prescribed disease or disability.
(2) The
medical condition is that the applicant has had a device implanted in his or
her body that by operating on the heart regulates its action so as to correct
any sudden attack of disabling giddiness or fainting caused by a disorder or
defect of the heart.
(3) For
the purpose of Article 5(5) of the Law[46] the conditions the applicant
must satisfy in respect of the medical condition prescribed by this Article are
those set out in paragraph (4).
(4) Those
conditions are –
(a) that
the applicant has made adequate arrangements to receive regular medical
supervision by a cardiologist (being a supervision to be continued throughout
the period of the licence) and is conforming to those arrangements; and
(b) that
the driving of a vehicle by the applicant in pursuance of the licence is not
likely to be a source of danger to the public.
(5) In
this Article “cardiologist” means a registered medical practitioner
who specialises in disorders or defects of the heart and who, in that
connection, holds a hospital appointment.
28 Loss,
etc. of limbs - when non disqualifying for obtaining licence
(1) For
the purpose of Article 5(5) of the Law[47] the medical condition
described in paragraph (2) is a prescribed disease or disability.
(2) The
medical condition is that the applicant has a medical condition that is not
progressive in nature and that consists solely of any one or more of the
following –
(a) an
absence of all or part of 1 or more limbs;
(b) a
deformity of 1 or more limbs;
(c) a
loss of, or a deficiency in the use or movement of 1 or more limbs.
(3) For
the purpose of Article 5(5) of the Law[48] the condition the applicant
must satisfy in respect of the medical condition prescribed by this Article is
that the applicant shall not drive vehicles that have not been appropriately
adapted, if necessary, to accommodate the applicant’s particular
disability.
29 Disqualifying
diseases and physical disabilities to take prescribed test
(1) For
the purpose of Article 5(6) of the Law[49] the prescribed diseases and
physical disabilities that disqualify a person from taking the prescribed test
are those set out in paragraph (2) and, if the prescribed test would be in
respect of a category C or D vehicle, paragraph (3).
(2) The
diseases and physical disabilities are –
(a) any
severe mental disorder;
(b) any
liability to sudden attacks of disabling giddiness or fainting;
(c) an
inability to read at a distance of 20.5 metres in good daylight (with the aid
of glasses or contact lenses if worn) a series of 6 letters and figures of the
same size and arrangement as those prescribed for the registration mark of a
motor car;
(d) a
persistent misuse of drugs or alcohol whether or not amounting to dependency.
(3) The
additional disqualifying diseases and physical disabilities for a prescribed
test in respect of a category C or D vehicle are –
(a) an
epileptic attack since attaining the age of 5 years;
(b) diabetes
requiring insulin treatment;
(c) abnormal
sight in 1 or both eyes if the visual acuity is worse than 6/9 in the better
eye and worse than 6/12 in the other eye and, if corrective lenses are worn,
the uncorrected acuity in each eye is worse than 3/60;
(d) sight
in only 1 eye unless the visual acuity in that eye is no worse than 6/9.
(4) In paragraph (3)
a reference to a measurement of visual acuity is a reference to visual acuity
measured on the standard letter chart for eye testing known as the Snellen
scale.
30 Disqualifying
diseases and physical disabilities - holder of a licence
(1) For
the purpose of Article 5A(1)(a) of the Law[50] the prescribed diseases and
physical disabilities are those set out in paragraph (2) and, if the
licence the resident holds authorizes him or her to drive a category C or D
vehicle, paragraph (3).
(2) The
diseases and physical disabilities are –
(a) any
severe mental disorder;
(b) any
liability to sudden attacks of disabling giddiness or fainting;
(c) an
inability to read at a distance of 20.5 metres in good daylight (with the
aid of glasses or contact lenses if worn) a series of 6 letters and figures of
the same size and arrangement as those prescribed for the registration mark of
a motor car;
(d) a
persistent misuse of drugs or alcohol whether or not amounting to dependency.
(3) The
additional diseases and physical disabilities where the licence the resident
holds authorizes him or her to drive a category C or D vehicle are –
(a) an
epileptic attack since attaining the age of 5 years;
(b) diabetes
requiring insulin treatment;
(c) abnormal
sight in 1 or both eyes if the visual acuity is worse than 6/9 in the better
eye and worse than 6/12 in the other eye and, if corrective lenses are worn,
the uncorrected acuity in each eye is worse than 3/60;
(d) sight
in only 1 eye unless the visual acuity in that eye is no worse than 6/9.
(4) In paragraph (3)
a reference to a measurement of visual acuity is a reference to visual acuity
measured on the standard letter chart for eye testing known as the Snellen
scale.
31 Form
to be served on holder of licence by parochial authority
For the purpose Article 5A(5) of the Law[51] the prescribed form shall
be –
(a) where
the form is to be served for the purpose of Article 5A(6)(a) of the Law,[52] the form set out in Part 1
of Schedule 10; or
(b) where
the form is to be served for the purpose of Article 5A(6)(b) of the Law,[53] the form set out in Part 2
of Schedule 10.
32 Prescribed
fee payable on application for a provisional licence
For the purpose of Article 6(1) of the Law[54] the prescribed fee payable
by a person applying for a provisional licence is the fee specified in Schedule
3.
33 Prescribed
form of provisional licence
For the purpose of Article 6(1) of the Law[55] the prescribed form of
provisional licence is the form set out in Part 2 of Schedule 4 printed on blue
paper.
34 Prescribed
conditions of provisional licence
(1) For
the purpose of Article 6(1) of the Law[56] the prescribed conditions
subject to which a provisional licence shall be granted are those set out in
this Article.
(2) The
condition set out in paragraph (3) does not apply –
(a) in
respect of a motor cycle unless it has attached to it a sidecar constructed for
the carriage of a passenger;
(b) a
vehicle (other than a motor car) that is not constructed or adapted to carry
more than one person; or
(c) when
the holder of the licence is undergoing the practical part of the prescribed
test.
(3) The
condition is that the holder of the provisional licence must not drive a
vehicle except under the supervision of a person who has attained the age of 21
years and who is present in the vehicle and holds and has held for at least 3
years a licence (not being a provisional licence) to drive a vehicle of the
same category as the vehicle being driven by the holder of the provisional
licence.
(4) The
condition set out in paragraph (5) does not apply in respect
of –
(a) a
motor cycle or moped to which a sidecar is attached; or
(b) a
pedal bicycle of the tandem type to which an additional means of propulsion by
mechanical power is attached.
(5) The
condition is that the holder of the provisional licence must not drive a motor
cycle or a moped accompanied by a passenger.
(6) The
condition set out in paragraph (7) does not apply in respect of a motor
cycle or moped.
(7) The
condition is that the holder of the provisional licence must not drive a
vehicle that does not have displayed in a conspicuous place on its front and
back a distinguishing mark in the form set out in the diagram in Part 1 of
Schedule 11.
(8) The
condition set out in paragraph (9) only applies in respect of a motor
cycle or moped.
(9) The
condition is that the holder of the provisional licence must not drive a motor
cycle or moped that does not have displayed in a conspicuous manner a
distinguishing mark that –
(a) forms
part of, or is securely fixed over its entire surface to a rigid plate at the
back of the motor cycle or moped on which in accordance with the Motor Vehicle Registration (General Provisions)
(Jersey) Order 1993[57] the registration mark of the
motor cycle or moped is exhibited; and
(b) is
in one of the forms set out in the diagrams in Part 2 of Schedule 11.
(10) The
condition set out in paragraph (11) does not apply –
(a) in
respect of an agriculture tractor; or
(b) if
the trailer combination referred to in the condition is one the holder of the
provisional is authorized to drive by virtue of the provisional licence.
(11) The
condition is that the holder of the provisional licence must not drive a
vehicle while it is being used to draw a trailer.
35 Additional
prescribed conditions of provisional licence held by certain people
(1) This
Article applies in respect of a provisional licence granted to a person
required to undertake a basic training course who has not successfully passed
that course.
(2) For
the purpose of Article 6(1) of the Law[58] the prescribed conditions
subject to which a provisional licence to which this Article applies shall be
granted shall include the condition set out in paragraph (3).
(3) That
condition is that the holder of the provisional licence must not drive a
vehicle on a road or in a public place unless the holder is doing so under the
supervision of an authorised instructor as part of a basic training course.
36 Exemptions
from prescribed conditions
(1) The
conditions prescribed by Articles 34 and 35 do not apply in respect of the
holder of a provisional licence insofar as the holder is otherwise authorised
by a licence or domestic driving permit to drive the vehicle in question.
(2) If
the holder of a provisional licence passes the prescribed test to drive a particular
category of vehicle the conditions prescribed in Article 34 cease to apply
in relation to that category of vehicle for a period of one week from the
passing of the test.
37 Requirement
in respect of inexperienced drivers of motor cycles
(1) Pursuant
to Article 13(2A) of the Law[59] this Article applies in
respect of category A and A1 vehicles.
(2) A
vehicle to which this Article applies must not be driven by a person who has
held a licence (not being a provisional licence) to drive such a vehicle for a continuous
period of less than one year unless there is clearly displayed in a conspicuous
manner a distinguishing mark that –
(a) forms
part of, or is securely fixed over its entire surface to, a rigid plate at the
back of the vehicle on which, in accordance with the Motor Vehicle Registration (General Provisions)
(Jersey) Order 1993[60] the registration mark of the
vehicle is exhibited; and
(b) is
in one of the forms set out in the diagrams in Schedule 12.
38 Lost
or defaced licences
(1) This
Article applies where –
(a) the
holder of a licence satisfies the parochial authority that the licence has been
lost or defaced but that the holder of the licence continues to be entitled to
hold it; or
(b) the
photograph affixed to a licence becomes damaged or defaced or, in the opinion
of the parochial authority, no longer bears a true likeness to its holder.
(2) Where
this Article applies the parochial authority shall issue a duplicate licence to
the holder of the licence.
(3) A
duplicate licence has the same effect as the original licence.
(4) If
during the currency of a duplicate licence issued in respect of a lost licence
the original licence comes into the possession of the person to whom it was
issued that person must return it as soon as practicable to the parochial
authority.
39 Prescribed
fee payable on application for a duplicate licence
For the purpose of Article 6A(a) of the Law[61] the prescribed fee payable
by a person applying for a duplicate licence is the fee calculated in
accordance with Schedule 3.
40 Prescribed
fee payable on application for a licence free from endorsement
For the purpose of Article 10(5) of the Law[62] the prescribed fee payable
by a person applying for a licence free from endorsement is the fee calculated
in accordance with Schedule 3.
41 Change
of information shown in licence
(1) This
Article applies where –
(a) the
holder of a licence changes his or her name or address as shown in the licence;
or
(b) the
categories of vehicles the holder of a licence is authorized to drive by virtue
of the licence changes.
(2) Where
this Article applies the holder of the licence shall as soon as
practicable –
(a) surrender
the licence to the parochial authority; and
(b) provide
the parochial authority with a photograph of himself or herself that fulfils
the prescribed requirements, details of the change and any appropriate evidence
the parochial authority may need to substantiate the change.
(3) If
the parochial authority is satisfied that the details in the licence should be
changed the parochial authority shall grant an amended replacement licence to
the person surrendering the licence valid until the same date as the
surrendered licence would have been valid.
42 Category
C and C+E - young driver exemption
(1) Pursuant
to Articles 13(1A) and (1B) of the Law,[63] Article 13(1) of the Law[64] shall have effect subject to
paragraphs (2) and (3).
(2) A
person under the age of 21 years shall be eligible to apply for a
category C licence if the person holds and has held continuously for a
period of at least 2 years a category C1 licence (not being a
provisional licence) and the licence is free from endorsement.
(3) A
person under the age of 21 years shall be eligible to apply for a category
C+E licence if the person holds and has held continuously for a period of at least
1 year a category C licence (not being a provisional licence) and the licence
is free from endorsement.
43 Additional
authorizations to drive vehicles
(1) The
authorizations granted by this Article are additional to those granted by
Article 10(1).
(2) A
category C1 licence (not being a provisional licence) authorizes its holder to
drive any of the following large goods vehicles –
(a) a
vehicle propelled by steam;
(b) a
road roller;
(c) a
road construction vehicle;
(d) a
motor tractor the unladen weight of which does not exceed 7.5 tonnes;
(e) a
prime mover to which no trailer is attached;
(f) a
breakdown vehicle;
(g) a
track-laying vehicle that is being used primarily for work in connection with
agriculture, the laden weight of which does not exceed 1.5 tonnes.
(3) In paragraph (2) –
“breakdown vehicle” means a vehicle fitted with
apparatus designed to raise a disabled vehicle partly from the ground and then
to draw it when so raised (whether by partial superimposition or otherwise),
the breakdown vehicle being a vehicle that –
(a) is
used solely to deal with disabled vehicles;
(b) is
not used to convey a load other than a disabled vehicle when raised, and
supplies and equipment to operate the breakdown vehicle; and
(c) has
an unladen weight not exceeding 3.05 tonnes;
“road construction vehicle” means a vehicle used or kept
on the road solely for the conveyance of built-in road construction machinery
(with or without articles or materials used for the purpose of that machinery);
“road roller” means a mechanically propelled vehicle
with heavy rollers at the front and rear designed to compress the surface of
roads in the course of road making or maintenance;
“prime mover” means a motor car as defined in Article 2
of the Law that is so constructed that a trailer designed to carry goods may by
partial superimposition be attached to the vehicle in such a manner as to cause
a substantial part of the weight of the trailer to be borne by the vehicle.
(4) A
category B licence (not being a provisional licence) authorizes a police
officer, a member of the States of Jersey Fire and Rescue Service, a Traffic
Officer, a member of the States of Jersey ambulance service or a person acting
under the direction of a police officer to drive any category of vehicle if it
is necessary to do so to remove or avoid an obstruction to other road users or
other members of the public, to protect life or property or for any similar
purpose.
44 Revocations
The Motor Vehicles (Driving
Licences) (Jersey) Order 2002[65] and the Motor Vehicles (Driving
Licences) (Amendment) (Jersey) Order 2002[66] are revoked.
45 Transitional
provision
Anything done under the revoked Order and in effect on the
commencement of this Order that could have been done under this Order shall
have effect for the purpose of this Order as if done under this Order.
46 Citation
and commencement
(1) This
Order may be cited as the Motor Vehicles (Driving Licences) (Jersey) Order 2003.
(2) This
Order shall come into force 7 days after being made.
M.N. DE LA HAYE
Greffier of the States.