Jersey R&O 30/2002
MOTOR TRAFFIC (No. 8) (JERSEY) REGULATIONS 2002
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ARRANGEMENT OF REGULATIONS
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1. Interpretation
2. Heading replaced
3. Article 1 repealed
and replaced
4. Heading replaced
5. Article 3 amended
6. Article 7 amended
7. Article 8 amended
8. Part
II repealed and replaced
9. Part III repealed
and replaced
10. Citation and
commencement
Motor Traffic (Jersey) Law 1935
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MOTOR TRAFFIC (No. 8) (JERSEY) REGULATIONS 2002
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(Promulgated on the 20th day of April 2002)
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STATES OF JERSEY
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The 17th day of April 2002
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THE STATES, in pursuance of the powers conferred on them by the Order in
Council of the twenty-sixth day of December 1851, and by Article 54A of the Motor Traffic (Jersey) Law 1935, as
amended, have made the following Regulations -
Interpretation
1. In these Regulations “the Law” means the
Motor Traffic (Jersey) Law 1935, as amended.
Heading replaced
2. For the heading appearing before Article 1
of the Law there shall be substituted the following heading -
“PART 1
INTERPRETATION”.
Article 1 repealed and replaced
3. For Article 1 of the Law there shall be substituted the following Article -
“ARTICLE 1
Interpretation
(1) In this Law, unless the
context otherwise requires -
‘badge’ means a badge issued under Article 29 that authorizes a
person to drive a public service vehicle;
‘cab’ means a motor vehicle being used to provide a cab service;
‘cab service’ means a service that consists of the carriage by motor
vehicles of passengers for hire or reward under a contract expressed or implied
for the use of the vehicle as a whole at a fixed rate or for an agreed sum;
‘certificate of fitness’ means a certificate issued under
Article 8(2);
‘char-à-banc’ means a motor vehicle being used to provide a
char-à-banc service;
‘char-à-banc service’ means a service that consists of the carriage
by motor vehicles of passengers for hire or reward at separate fares, for a
journey or circuit, from one or more points of departure specified in advance
to one or more common destinations so specified, and not stopping to take up or
set down passengers except in the neighbourhood of the points of departure and
of the common destination;
‘Committee’, where no Committee is specified or indicated, means the
Home Affairs Committee;
‘contravene’ includes fail to comply;
‘documents’ includes accounts, deeds, writings and information
recorded in any form, whether or not legible to the naked eye;
‘fare’ includes a sum payable in respect of a season ticket or any
type of multiple journey ticket;
‘function’ includes power, authority and duty;
‘hire vehicle’ means a motor vehicle designed to carry no more than
8 people that is let on hire on terms that provide for the vehicle to be driven
by the hirer or by another person specified in the hire agreement;
‘Inspector’ means the Inspector of Motor Traffic appointed under
Article 2;
‘modify’ includes add to, amend, alter, replace, revoke and delete;
‘motor vehicle’ means a mechanically propelled vehicle (and any
trailer attached to the vehicle) intended or adapted for use on a road;
‘omnibus’ means a motor vehicle being used to provide an omnibus
service;
‘omnibus service’ means a service that consists of the carriage by
motor vehicles of passengers for hire or reward at separate fares, stage by
stage, and stopping to pick up or set down passengers along the line of route;
‘omnibus service licence’ means a licence granted under
Article 19 that authorizes a person to provide an omnibus service;
‘Police Officer’ means a member of the Honorary Police or a member
of the States of Jersey Police Force;
‘public service vehicle’ means a motor vehicle used to carry
passengers for hire or reward but does not include a hire vehicle;
‘public service vehicle licence’ means a licence granted under
Article 9 authorizing a person to use a motor vehicle as a cab, char-à-banc or
omnibus;
‘road’ means a public road, any other road to which the public has
access, a public place and a sea beach;
‘this Law’ includes Regulations and Orders made under this Law;
‘Traffic Officer’ means the Inspector, the Deputy Inspector of Motor
Traffic or a Traffic Officer appointed under Article 2.
(2) If -
(a) a
motor vehicle designed to carry 8 people or less is not being used in the
course of a business of carrying passengers; but
(b) contributions
are received by the carrier for the journey concerned,
the vehicle shall not be taken for the purposes of this Law as being
used to carry passengers for hire or reward if the total of the contributions
received does not involve an element of profit.
(3) A reference in this Law to a Part or
Article by number only 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 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.
(5) Unless the context otherwise requires, a
reference in this Law 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 by or under another enactment, including another provision
of this Law.”.
Heading replaced
4. For the heading “ADMINISTRATION” after
Article 1 of the Law there shall be substituted the heading -
“PART 2
ADMINISTRATION”.
Article 3 amended
5. In Article 3 of the Law6 -
(a) for the heading “Article 3” there shall be substituted the
heading -
“ARTICLE 2
Appointment of
Traffic Officers”
; and
(b) in paragraph (1) for the citation “Civil Service Administration
(Jersey) Law, 1953” there shall be substituted the citation “Civil Service
Administration (Jersey) Law 1961”.
Article 7 amended
6. In Article 7 of the Law for the heading “Article 7” there shall be substituted the heading
-
“ARTICLE 3
Traffic Officers to
take oath”.
Article 8 amended
7. In Article 8 of the Law8 -
(a) for the heading “Article 8” there shall be substituted the
heading -
“ARTICLE 4
Traffic Officers to
report offences”
; and
(b) for the words “the Police of the Parish in which such criminal
or other offence was committed” there shall be substituted the words “a member
of the Honorary Police of the Parish in which such criminal or other offence
was committed or a member of the States of Jersey Police Force”.
Part II repealed and
replaced
8. For Part II of the Law there shall be substituted the following Parts -
“PART 3
REGULATION OF PUBLIC SERVICE VEHICLES
ARTICLE 5
Classification of public service vehicles
(1) For
the purposes of this Law public service vehicles shall be divided into 3
classes, namely -
(a) those used to provide
an omnibus service;
(b) those used to provide a char-à-banc
service; and
(c) those used to provide a cab service.
(2) If a person is carried in a motor vehicle
for a journey or circuit in consideration of a separate payment made by the
person, whether to the owner of the vehicle or to any other person, the vehicle
in which the person is carried shall be taken to be a vehicle carrying
passengers for hire or reward at separate fares, whether the payment is solely
in respect of the journey or circuit or not.
ARTICLE 6
When a public
service vehicle licence required
(1) A person must not cause or permit a motor
vehicle to be used on a road as an omnibus, a char-à-banc or a cab unless the
person is the holder of a public service vehicle licence to use the vehicle as
a vehicle of that class.
(2) Despite paragraph (1) -
(a) a person who is the holder of a public
service vehicle licence to use a vehicle as an omnibus may use the vehicle as a
char-à-banc or as a cab; and
(b) a
person who is the holder of a licence to use a vehicle as a char-à-banc may use
the vehicle as a cab.
(3) The Public Services Committee may by
written notice consent to a vehicle licensed as a char-à-banc being used on an
omnibus service if it is satisfied that there are special circumstances,
including the character of the service, to justify doing so.
(4) A person who causes or permits a motor
vehicle to be used as a public service vehicle in contravention of this Article
shall be guilty of an offence and is liable to a fine not exceeding level 4 on
the standard scale.
ARTICLE 7
Committee may make
Orders as to condition of public service vehicles
(1) The Committee may by Order prescribe
conditions as to fitness to be fulfilled by public service vehicles and the
equipment to be carried by them to qualify for a certificate of fitness.
(2) Different conditions may be prescribed in
respect of -
(a) different
classes and descriptions of public service vehicles; and
(b) the
same class or description of public service vehicles in different
circumstances.
ARTICLE 8
Certificates of fitness
(1) A
person may, on payment of the fee prescribed by the Committee by Order, submit
a vehicle for examination by the Inspector.
(2) If, after examination, the Inspector is
satisfied that a vehicle complies with the requirements of any relevant Order
made under Article 7, the Inspector shall issue in respect of the vehicle
a certificate to the effect that the vehicle is suitable for use as an omnibus,
a char-à-banc or a cab, as the case may be.
(3) A certificate of fitness shall, unless
previously revoked, continue in force for such period, not being less than 6
months or more than 12 months, as shall be specified in it.
(4) The Committee may at any time revoke a
certificate of fitness if it appears to the Committee that the vehicle is for
any reason unsuitable for use as a public service vehicle.
(5) The Inspector may suspend a certificate of
fitness in respect of a public service vehicle if it appears to the Inspector
that the vehicle does not comply with a requirement of a relevant Order made
under Article 7 or is for any other reason unsuitable for use as a public
service vehicle.
(6) If the Inspector suspends a certificate of
fitness under paragraph (5) he shall as soon as practicable give notice of the
suspension to the holder of the certificate and shall, within 48 hours, make a
report in writing to the Committee.
(7) The suspension shall continue in force
until it is removed by the Committee.
ARTICLE 9
Grant of public service vehicle licences
(1) Except
as otherwise provided by this Article, the Committee shall on payment of the
fee prescribed by the Committee by Order grant a public service vehicle licence
in respect of a vehicle.
(2) The power of the Committee under paragraph
(1) is subject to the power of the Public Services Committee in its absolute
discretion to decide that public service vehicle licences shall not be granted
in excess of such number as it may in all the circumstances consider desirable
in relation to any class of public service vehicle.
(3) The Committee must not grant a public
service vehicle licence in respect of a vehicle unless the Committee is
satisfied -
(a) that
a certificate of fitness appropriate to that class of vehicle is in force in
respect of the vehicle;
(b) that
the applicant is fit and proper to hold the licence; and
(c) as
to the manner in which the vehicle will be used.
(4) A public service vehicle licence is valid
for 1 year from the date of its grant unless previously cancelled or revoked.
(5) The Committee must, on the grant of a
public service vehicle licence in respect of a vehicle, determine the maximum
number of passengers that may be carried in the vehicle or in any part of it.
(6) For this purpose the Committee may divide
passengers into classes according to age, and may make different computations
in respect of different classes of passengers.
ARTICLE 10
Suspension or revocation of public service vehicle licences
(1) The
Committee may suspend or revoke a public service vehicle licence if it appears
to the Committee that its holder is not fit to continue to hold the licence
having regard to -
(a) the holder’s conduct; or
(b) the manner in which the vehicle has been
used.
(2) A public service vehicle licence granted in
respect of a vehicle ceases to be valid if no certificate of fitness is in
force in respect of the vehicle.
ARTICLE 11
Power to stop and enter public service vehicles
(1) A
Police or Traffic Officer may at any time enter and inspect a public service
vehicle and for that purpose may require a public service vehicle to be
stopped.
(2) A Police or Traffic Officer may at any time
that is reasonable having regard to the circumstances of the case, enter
premises on which the Officer has reason to believe that a public service
vehicle is kept.
(3) A person who -
(a) obstructs
a Police or Traffic Officer when attempting to enter a public service vehicle
or premises in accordance with this Article; or
(b) when
required so to do in accordance with this Article, fails to stop a public
service vehicle,
shall be guilty of an offence and liable to a fine not exceeding level
3 on the standard scale.
ARTICLE 12
Obligation to report damage to public service vehicles
(1) The
holder of a public service vehicle licence must as soon as practicable report
to the Committee -
(a) any
failure of or damage to the vehicle in respect of which the licence was granted
that may affect the safety of its passengers or of persons using the road, or
that affects its appearance; or
(b) any
alteration to the vehicle other than the replacement of parts.
(2) A person who fails to comply with a
provision of paragraph (1) shall be guilty of an offence and liable to a
fine not exceeding level 2 on the standard scale.
ARTICLE 13
Committee to issue licence plate
(1) The Committee must on the first issue of a
public service vehicle licence in respect of a motor vehicle issue to the
holder of the licence a plate (which shall remain the Committee’s property)
that bears a distinguishing mark.
(2) The holder of the licence must display the
plate on the vehicle, free from obstruction, in a conspicuous position approved
by the Inspector.
(3) The holder or former holder of the licence
must return the plate to the Committee if the licence is suspended or revoked,
or expires and is not renewed.
(4) The Committee must return the plate, in the
case of the suspension of a licence, if the suspension is lifted.
(5) The holder of the licence must notify the
Committee as soon as practicable if the plate is lost or defaced and the
Committee must issue a replacement on payment of any fee prescribed by the
Committee by Order.
(6) If, during the currency of a public service
vehicle licence, its holder ceases to be the owner of the vehicle to which the
licence relates, the holder must forthwith notify the Committee and return the
licence.
(7) In paragraph (6) ‘owner’, in relation to a
vehicle that is the subject of a hire-purchase agreement, means the person in
possession of the vehicle under that agreement.
(8) A person who contravenes a provision of
this Article shall be guilty of an offence and liable to a fine not exceeding level
3 on the standard scale.
PART 4
OMNIBUS SERVICE LICENCES
ARTICLE 14
Duties of Public Services Committee
(1) The
first duty of the Public Services Committee when making a decision under this
Part is to ensure that sufficient omnibus services are provided to satisfy all
current and prospective demands for them insofar as it is reasonably practical
to do so.
(2) In furtherance of that duty, the Public
Services Committee shall perform its functions under this Part in a manner that
is best calculated -
(a) to
protect and further both the short and long-term interests of the users of
omnibus services, and to do so, wherever the Public Services Committee
considers it appropriate, by promoting competition among the providers of those
services;
(b) to
promote efficiency, economy and effectiveness in the provision of omnibus
services;
(c) to further the economic interests of the
Island;
(d) to
impose a minimum of restrictions on the providers of omnibus services.
(3) In performing its functions under this
Part, the Public Services Committee must have regard to the need to ensure that
those providing omnibus services have sufficient financial and other resources
to provide those services.
ARTICLE 15
Requirement for an
omnibus service licence
(1) A person shall not provide an omnibus
service except in accordance with the terms of an omnibus service licence that
authorizes the person to provide the service.
(2) A person shall not provide all or any part
of an omnibus service except in accordance with the conditions contained in the
licence that authorizes the provision of the service.
(3) A person shall not use a motor vehicle to
provide an omnibus service unless a public service vehicle licence that
authorizes the vehicle to be used for that purpose is in force in respect of
the vehicle.
(4) A person shall not use a motor vehicle to
provide an omnibus service in contravention of a condition contained in the public
service vehicle licence in force in respect of the vehicle.
(5) A person shall not offer to provide, or hold himself out as
being able and willing to provide an omnibus service which if provided would be a
contravention of paragraph (1).
(6) A person who contravenes paragraph (1), (2),
(3), (4), or (5) shall be guilty of an offence and liable to imprisonment for a
term not exceeding 12 months or to a fine, or both.
ARTICLE 16
Civil enforcement of requirement for omnibus service licence
(1) The Public Services Committee may bring
civil proceedings, for an injunction or other appropriate relief, to compel
compliance with Article 15.
(2) The Royal Court may grant an injunction to
restrain a contravention or threatened contravention of Article 15.
ARTICLE 17
Suspension of
requirement
(1) The Public Services Committee may by Order
suspend in whole or in part the operation of Article 15 if it considers it to
be in the public interest to do so.
(2) The suspension may be made on terms and
subject to any conditions the Public Services Committee considers appropriate.
(3) The suspension has effect on and from the
day specified in the Order, being a day not earlier than the making of the
Order.
(4) The suspension has effect for 12 months
unless a shorter period is specified in the Order when it has effect for that
shorter period.
(5) The power under paragraph (1) is not
exercisable more than once in respect of any set of circumstances, except to
revoke or amend the Order.
(6) The Public Services Committee has no power
to amend the Order to extend the period of suspension to more than 12 months.
ARTICLE 18
Exemption from requirements
(1) The
Public Services Committee may, by written notice, exempt a person from
compliance with Article 15(1).
(2) The exemption may be in respect of -
(a) a
public service motor vehicle specified in the notice when used in the
circumstances also so specified; or
(b) a
particular journey or series of journeys specified in the notice to be made by
a public service vehicle.
ARTICLE 19
Grant of omnibus
service licences
(1) The Public Services Committee may, on the
application of any person, grant the person an omnibus service licence to
permit the person to provide the omnibus service specified in the licence.
(2) Instead of accepting or seeking an
application under paragraph (1), the Public Services Committee may invite
tenders by public auction for the grant of an omnibus service licence to
provide a specified omnibus service.
(3) The Public Services Committee shall
determine the terms and conditions of an auction mentioned in paragraph (2) and
may publish details of such an auction in the Island or elsewhere.
(4) The Public Services Committee may refuse to
grant an omnibus service licence on an application made under paragraph (1) if
it considers that to do so would be consistent with its duties under this Part.
(5) In addition the Public Services Committee
may refuse such an application if -
(a) any
reasonable application fee determined by the Public Services Committee has not
been paid;
(b) any
information that the Public Services Committee requires to determine the
application has not been provided; or
(c) any
other requirement as, in the opinion of the Public Services Committee, is
appropriate (including, if the Public Services Committee so requires,
satisfying a third person with respect to any matter) has not been met in
respect of the application.
(6) An omnibus service licence shall be in
writing.
(7) The Public Services Committee may grant an
omnibus service licence unconditionally or subject to conditions, which shall
be set out in the licence.
(8) The Public Services Committee may grant an
omnibus service licence for any period, which shall be specified in the
licence.
(9) The amount required to be paid to the
Public Services Committee under paragraph (5)(a) shall be fixed at a level
necessary to enable the Public Services Committee to recover its cost in
considering the application.
ARTICLE 20
Omnibus service licence conditions
(1) The conditions that the Public Services
Committee may grant an omnibus service licence subject to shall be such, as in
its opinion, are necessary or desirable to achieve its duties under this Part.
(2) Those conditions shall include (but are not
limited to) conditions relating to, or imposing requirements for, any one or
more of the following -
(a) the
manner in which the service authorized by the licence is to be provided;
(b) the
provision, as part of the service authorized by the licence, of a social or
cross-subsidized service;
(c) the
standard of performance to be achieved in providing the service authorized by
the licence;
(d) the
establishment and operation of a procedure for receiving and resolving
complaints against the licensee by users of the service authorized by the
licence;
(e) the
terms and conditions to be included in the contract between the licensee and
the users of the service authorized by the licence;
(f) the
payment to the Public Services Committee or to any other public body of an
amount or amounts for the use of facilities to be used by the licensee to
provide the service authorized by the licence;
(g) the
provision to the Public Services Committee of documents, accounts, estimates,
returns or other information relating to the provision of the service
authorized by the licence;
(h) the
prevention or reduction of anti-competitive behaviour;
(i) the
approval by the Public Services Committee of the public service vehicle or
vehicles to be used to provide the service authorized by the licence.
(3) In addition the conditions contained in an
omnibus service licence may require the licensee to do all or any of the
following -
(a) not
to do, not to continue to do or not to cease to do anything under the licence
without the consent of the Public Services Committee;
(b) to
refer for determination by the Public Services Committee any specified
question, or any specified class of questions;
(c) to act on such a determination.
(4) Further conditions contained in an omnibus
service licence may relate to, or impose requirements about -
(a) competition
in relation to the provision of omnibus services;
(b) the
facilities to be used to provide the service authorized by the licence;
(c) any
numbering scheme to be used in respect of the provision of the service
authorized by the licence;
(d) the
routes to be provided with an omnibus or the routes to be used when providing
such a service;
(e) interconnection
among the providers of omnibus services;
(f) the
provision of omnibus services for or on behalf of other persons, whether or not
those persons are authorized by an omnibus service licence to provide those
services;
(g) the
co-location and sharing of, and access to, facilities to be used by providers
of omnibus services.
ARTICLE 21
Subsidy may be paid for provision of service
(1) This
Article applies if the Public Services Committee has satisfied itself -
(a) that
it is in the public interest that a particular omnibus service should be
provided;
(b) that
nobody is prepared to provide the service unless a subsidy is paid for the
provision of the service; and
(c) that
to pay a subsidy to ensure that the service is provided would not be
inconsistent with the Public Services Committee’s duties under this Part.
(2) Where this Article applies the Public
Services Committee may include in the licence to provide the service a
condition that the Public Services Committee shall pay, from money available to
it for the purpose, a subsidy for the provision of the service.
(3) The licence shall specify the amount to be
paid or the manner in which that amount may be calculated, the time or times
when it is payable and the service in respect of which it is payable.
(4) An amount due and payable by the Public
Services Committee by virtue of this Article is a debt due to the licensee.
(5) In this Article a reference to an omnibus
service includes -
(a) any part or element of such a service; or
(b) a series of such services.
(6) A condition referred to in paragraph (2) is
a condition contained in an omnibus service licence for the purpose of Articles
22 and 24.
ARTICLE 22
Modification of
licence conditions
(1) The Public Services Committee may, of its
own motion or on the application of any person, modify a condition contained in
an omnibus service licence.
(2) The Public Services Committee may refuse to
modify a condition on such ground as it sees fit.
(3) The power to modify a condition includes
the power to insert a new condition or amend or delete an existing condition
but any new condition, or condition as amended may only be a condition that
could have been contained in the licence when it was granted.
ARTICLE 23
Direction to comply with licence conditions
(1) This
Article applies if, in the opinion of the Public Services Committee, a licensee
is in contravention of a condition contained in an omnibus service licence.
(2) The Public Services Committee shall give a
direction to the licensee to take steps, or specified steps, to ensure
compliance with the condition unless it is satisfied that -
(a) its duties under this Part preclude giving
the direction;
(b) the contravention is trivial; or
(c) the
licensee is taking steps to comply with the condition and to remedy any effect
of the contravention.
(3) A direction must specify -
(a) the licence to which it relates; and
(b) the condition contravened.
(4) A direction -
(a) shall
require the licensee to act or not to act, according to the nature of the
condition and the contravention, in a manner specified in the direction;
(b) may
require the licensee to take steps, or specified steps, to remedy the effects
of the contravention; and
(c) may
be modified at any time by the Public Services Committee giving a new direction
in accordance with this Article.
(5) The Public Services Committee may bring
civil proceedings, for an injunction or other appropriate relief, to compel
compliance with a direction given under this Article.
(6) The Public Services Committee may revoke
the licence if a person fails to comply with a direction given under this
Article.
ARTICLE 24
Notice and
consultation
(1) This Article applies to a decision by the
Public Services Committee on whether or not -
(a) to grant an application for;
(b) to revoke; or
(c) to modify a condition contained in,
an omnibus service licence.
(2) The Public Services Committee must give
notice before making a decision to which this Article applies.
(3) The notice must specify -
(a) the
matter in respect of which the decision is required;
(b) why the decision is required;
(c) the date when the decision would take
effect;
(d) the
place where any document relating to the proposed decision may be inspected;
and
(e) the
period during which written representations or objections in respect of the
proposed decision may be made.
(4) If the proposed decision is whether or not
to grant an omnibus service licence the document referred to in paragraph (3)(d)
must include a copy of the proposed licence.
(5) If the proposed decision is whether or not
to modify a condition of an omnibus service licence the document referred to in
paragraph (3)(d) must include a copy of the condition before modification
and a copy in draft form of the condition as modified.
(6) Any person may make representations or
objections to the Public Services Committee about the proposed decision during
the period specified in the notice.
(7) The Public Services Committee must consider
any representations or objections so made before making its decision.
(8) When the Public Services Committee has made
its decision it must give a further notice.
(9) That notice must -
(a) refer to the matters contained in the
previous notice;
(b) contain
a summary of the representations and objections received;
(c) contain
details of the Public Services Committee’s responses to them sufficient in
content to enable them to be understood and the reasons for them to be known;
(d) if
the full text of the responses is not contained in the notice, specify the
place where a document setting them out may be inspected; and
(e) state when the decision is to have effect.
(10) A notice given under this Article shall be
given by the Public Services Committee in such manner as it is satisfied best
brings the notice to the attention of those affected by the decision. and may
for that purpose be given by notice published in the Jersey Gazette.
ARTICLE 25
Appeals
(1) Any
person may appeal to the Royal Court against a decision made by the Public
Services Committee to which Article 24 applies, whether or not the decision has
taken effect.
(2) Notice of the appeal must be lodged with
the Royal Court within 29 days of notice being given in accordance with Article
24(8) or within such further period as the Court may allow if it considers it
desirable to do so in the interests of justice.
(3) In determining an appeal under this
Article, the Royal Court is not restricted to a consideration of questions of
law or to the facts contained in an application, or other information, before
the Public Services Committee.
(4) When it determines an appeal the Royal
Court may -
(a) confirm
the decision of the Public Services Committee; or
(b) substitute
for that decision any decision the Public Services Committee could have made.
(5) The Royal Court may make such orders as it
thinks appropriate, including ancillary orders and orders as to costs.
(6) If notice of an appeal is lodged with the
Court in accordance with this Article against a decision that has not taken
effect the decision shall not take effect (if at all) until after the date when
the appeal has been finally disposed of unless a later date was specified by
the Public Services Committee in the notice given in accordance with
Article 24(8) when it shall take effect on that later date.
ARTICLE 26
Power to require information
(1) The
Public Services Committee may take the action referred to in this Article -
(a) to investigate an alleged offence under
this Part; or
(b) in the exercise of a function under this
Part.
(2) The Public Services Committee may, by
notice in writing, require a person to produce to the Committee, or to a person
appointed by it, a document specified or described in the notice that is in the
custody, or under the control, of that person.
(3) The notice may specify the time, manner and
form in which the document is to be produced.
(4) The Public Services Committee may, by notice
in writing, require a person carrying on a business to furnish to the Public
Services Committee, and have verified, an estimate, return or other information
specified or described in the notice.
(5) The notice may specify the time, manner and
form in which the estimate, return or information is to be furnished and
verified.
(6) The Public Services Committee may -
(a) keep
a document produced under paragraph (2) for a reasonable time; and
(b) take copies of the document.
(7) A person cannot be compelled for a purpose
referred to in paragraph (1) -
(a) to
produce a document that the person cannot be compelled to produce in
proceedings before the Royal Court; or
(b) to
give information that the person cannot be compelled to give in evidence in
proceedings before the Royal Court.
(8) A person who refuses or, without reasonable
excuse, fails to comply with the requirements of a notice under
paragraph (2) or (4) shall be guilty of an offence and liable to a fine
not exceeding level 3 on the standard scale.
(9) A person who intentionally alters,
suppresses or destroys a document that is the subject of a notice under
paragraph (2) or (4) shall be guilty of an offence and liable to
imprisonment for a term not exceeding 5 years or to a fine, or both.
(10) If a person fails to comply with the
requirements of a notice under paragraph (2) or (4) the Royal Court may,
on application by the Public Services Committee, make an order requiring
compliance, and the order may provide that the costs of, and incidental to, the
application shall be paid by the person who failed to comply with the notice.
ARTICLE 27
Register
(1) The Public Services Committee shall keep a
register in which it shall enter details of -
(a) each omnibus licence it grants;
(b) any
modification of the conditions of any such licence;
(c) any direction it gives under Article 23;
(2) The register shall be open for inspection
by the public during usual office hours.
PART 5
AUTHORITY TO DRIVE PUBLIC SERVICE VEHICLES
ARTICLE 28
Authority to drive public service vehicles
(1) A
person must not -
(a) drive a public service vehicle on a road
unless the person is the holder of a badge that authorizes the person to drive
public service vehicles of the type being driven; or
(b) employ
a person to drive a public service vehicle on a road unless the person is the
holder of a badge that authorizes the person to drive public service vehicles
of the type the person is employed to drive.
(2) A person who contravenes a provision of
paragraph (1) shall be guilty of an offence and is liable to a fine not
exceeding level 3 on the standard scale.
(3) Paragraph (1) does not apply to a person
who drives or employs a person to drive a public service vehicle to test it, or
to deliver it for or following maintenance or repair.
(4) Paragraph
(1) does not apply to a person who drives a public service vehicle to be
instructed in its use or to undergo a prescribed test under the Road Traffic
(Jersey) Law 1956.
(5) Paragraph (1) does not apply to a Police Officer
or a person acting under the direction of a Police Officer who drives a public
service vehicle to remove it from a road or to move it to another position on
that road or another road pursuant to Article 2 of the Road Traffic (Removal
of Vehicles) (Jersey) Order 1963.
(6) Paragraph (1) does not apply to a Police or
Traffic Officer who drives a public service vehicle in the course of inspecting
it pursuant to Article 11 of this Law or Article 117 of the Motor Vehicles
(Construction and Use) (Jersey) Order 1998.
(7) Paragraph (1) does not apply to -
(a) a
Police or Traffic Officer;
(b) a
member of the States of Jersey Fire and Rescue Service or States of Jersey
Ambulance Service; or
(c) a
person acting under the direction of a Police Officer,
who drives a public service vehicle in an emergency.
(8) Paragraph (1) does not apply to the driver
of a vehicle recovery vehicle who drives a public service vehicle in the course
of recovering the vehicle.
ARTICLE 29
Issue of badge to drive public service vehicles
(1) An application for a badge to drive a
public service vehicle must -
(a) be
made to the Inspector on a form provided or approved for the purpose by the
Inspector;
(b) specify
the type of public service vehicle in respect of which the application is made;
and
(c) be
accompanied by any fee prescribed by the Committee by Order.
(2) The Inspector shall not issue a badge to
drive a public service vehicle of the specified type unless the applicant has
satisfied the Inspector that the applicant -
(a) has attained the age of 21 years;
(b) is
fit (both as to health and as to character) to drive public service vehicles of
the specified type;
(c) is
capable of safely driving public service vehicles of the specified type; and
(d) has an adequate knowledge of the Island.
(3) A badge to drive a public service vehicle
shall be in a form approved by the Inspector and shall specify the type of
public service vehicle its holder is authorized to drive.
(4) A badge issued by the Inspector remains the
property of the Committee.
ARTICLE 30
Suspension of authority given by a badge
(1) The
Inspector may, by written notice served on the holder of a badge, suspend the
authority the badge gives the person to drive a public service vehicle if the
Inspector is satisfied that, by reason of the person’s conduct or a physical or
mental disability, the person is not a fit person to drive a public service
vehicle of the type specified on the badge.
(2) If the Inspector suspends the authority
given by a badge the holder of the badge must return the badge to the Inspector
as soon as practicable.
(3) A person who fails to comply with paragraph
(2) shall be guilty of an offence and is liable to a fine not exceeding level 3
on the standard scale.
(4) If the Inspector suspends the authority
given by a badge to drive a public service vehicle the holder of the badge may
at any time apply to the Committee for the suspension to be lifted.
(5) The Inspector must return the badge to its
holder if the Committee lifts the suspension.
ARTICLE 31
Badge to be worn
(1) The holder of a badge must wear the badge
in a conspicuous position so that it is easily legible when driving a public
service vehicle.
(2) The holder of a badge must report any loss
or destruction of the badge to the Inspector as soon as practicable.
(3) A person who contravenes a provision of
this Article shall be guilty of an offence and is liable to a fine not
exceeding level 3 on the standard scale.
ARTICLE 32
Duration of
authority given by badge
A badge authorizes
its holder to drive public service vehicles of the type specified on the badge
for 1 year from the date of its issue.
ARTICLE 33
Appeal against refusal to issue badge
(1) If
the Inspector refuses to issue a badge the applicant may appeal to the
Committee against the refusal.
(2) The decision of the Committee shall be
final.
PART 6
MISCELLANEOUS - PUBLIC SERVICE VEHICLES
ARTICLE 34
Fatigue
(1) The Committee may by
Order prescribe the periods of time during which -
(a) a
person may drive a public service vehicle; or
(b) an
employer may require or permit an employee to drive a public service vehicle.
(2) Different periods may be prescribed with
respect to different types of public service vehicles.
ARTICLE 35
Licences or badges to be produced
(1) The
holder of a public service vehicle licence, an omnibus service licence or a
badge shall produce the licence or badge for examination on being required to
do so by a Police or Traffic Officer.
(2) Paragraph (1) shall be taken to have been
complied with if within 24 hours after the production of the licence or badge
was required it is produced to a Police or Traffic Officer at a place notified
to the holder of the licence or badge at the time its production was required.
(3) A person who fails to comply with paragraph
(1) shall be guilty of an offence and liable to a fine not exceeding level 2 on
the standard scale.
ARTICLE 36
Notice given of
certain events
(1) This Article applies if notice has been
given to the Committee of -
(a) the death of;
(b) the appointment of a Curator to; or
(c) the
appointment of a General Attorney (“Procureur-Général”) by,
a person who is the holder of a public service vehicle licence or an
omnibus service licence.
(2) If an application for a new licence is made
within 14 days of the death or appointment, then -
(a) the executor or other legal representative;
(b) the Curator; or
(c) the General Attorney,
as the case may be, of the holder of the licence shall be taken to
be the holder of the licence as from the date of the death or appointment. for
such period as is necessary to enable the application to be dealt with.
(3) That period shall not extend beyond the
date on which the licence would have expired if its holder had not died or if
no appointment had been made, and shall terminate immediately upon the grant or
refusal of the new application.
(4) In this Article ‘Committee’ in respect of
an omnibus service licence means the Public Services Committee.
ARTICLE 37
Regulations in
respect of public service vehicles
The States may make
Regulations -
(a) as
to the conduct of passengers in public service vehicles; and
(b) as
to the conduct of the holders of badges when driving public service vehicles.
ARTICLE 38
Stands for public
service vehicles
(1) A Committee of the States may fix stands
for public service vehicles of any class or description on property under its
administration.
(2) The Public Services Committee may, with the
approval of the Constable of a parish, fix stands for public service vehicles
of any class or description in relation to a highway within the parish.
(3) The States may make Regulations that determine
the manner of using the stands.
(4) In particular, but without prejudice to the
generality of paragraph (3), the Regulations may restrict the use of any stand
or stands to cabs licensed under the Regulations.
(5) The Regulations may contain incidental and
supplementary provisions that appear to the States to be necessary to assure an
adequate service of such cabs.
(6) The Public Services Committee may prescribe
fares and charges payable for the hire of cabs licensed under Regulations made
in pursuance of paragraph (4).
(7) Nothing in this Article derogates from the
power of the States -
(a) to
allow the holder of a public service vehicle licence to use public property or
property under the control of the States to station vehicles; and
(b) to
charge for allowing them to do so.
ARTICLE 39
Contract for
conveyance in public service vehicles
A contract for the
conveyance of a passenger in a public service vehicle is void in so far as it -
(a) purports
to negate or restrict the liability of a person in respect of a claim that may
be made against that person in respect of the death of, or bodily injury to the
passenger while being carried in, entering or alighting from the vehicle; or
(b) purports
to impose a condition with respect to the enforcement of any such liability.”.
Part III repealed and
replaced
9. For Part III of the Law there shall be substituted the following Part -
“PART 7
GENERAL PROVISIONS
ARTICLE 40
False information and misuse of licence
(1) A
person who knowingly or recklessly provides a person entitled to information
under this Law with information that is false or misleading in a material
particular shall be guilty of an offence if the information is provided -
(a) in
purported compliance with a requirement imposed under this Law; or
(b) in connection with an application under
this Law.
(2) A person shall be guilty of an offence if,
with intent to deceive, the person -
(a) forges
or alters or uses or lends to or allows to be used by any other person a
licence under this Law or a badge; or
(b) makes
or has in the person’s possession a document or item so closely resembling such
a licence or badge as to be calculated to deceive.
(3) A person who is guilty of an offence under
paragraph (1) or (2) shall be liable to imprisonment for a term not
exceeding 5 years or a fine, or both.
ARTICLE 41
General provisions as to offences
(1) If
an offence under this Law committed by a limited liability partnership or body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of -
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any person purporting to act in any such
capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where the affairs of a body corporate are
managed by its members, paragraph (1) shall apply in relation to acts and
defaults of a member in connection with his or her functions of management as
if the member were a director of the body corporate.
(3) A person who aids, abets, counsels or
procures the commission of an offence under this Law shall also be guilty of
the offence and liable in the same manner as a principal offender to the
penalty provided for that offence.
(4) An offence may be committed under this Law
whether or not the act or omission that constitutes the offence, or is an
ingredient of the offence, causes any interruption to, or prevention of, the
provision of an omnibus service.
ARTICLE 42
Limit on disclosure
in general
(1) A person shall not disclose information
with respect to a person or business during the lifetime of that person or so
long as that business continues, without the consent of that person or the
person for the time being carrying on that business, if the information -
(a) has been obtained under this Law; and
(b) relates
to the private affairs of the person or to the business.
(2) A person who discloses information in
contravention of this Article shall be guilty of an offence and liable to
imprisonment for a term not exceeding 2 years or to a fine, or both.
(3) Paragraph (1) shall not apply to the
disclosure of information -
(a) to
facilitate the performance by the Home Affairs Committee or the Public Services
Committee of its functions under this Law;
(b) to
enable the holder of an omnibus service licence to run an omnibus service in
compliance with the licence;
(c) in
connection with the investigation of a criminal offence or for the purposes of
criminal proceedings, or generally in the interests of the prevention or
detection of crime, whether in Jersey or elsewhere;
(d) for
the purposes of civil proceedings arising under this Law;
(e) to comply with a direction of the Court;
(f) to
enable or assist the Jersey Financial Services Commission or the Finance and
Economics Committee to exercise a power relating to companies or financial services
of any kind, being a power conferred by an enactment;
(g) to
enable or assist an inspector appointed under the Companies (Jersey) Law 1991 to carry out the inspector’s functions;
(h) to enable or assist the Viscount to carry
out the Viscount’s functions under the Bankruptcy (Désastre) (Jersey) Law 1990;
(i) to facilitate the carrying out by any
person of the person’s functions under the Health and Safety at Work (Jersey)
Law 1989; or
(j) for
such other purposes as the States may by Regulations prescribe.
(4) The States may, by Regulations, modify
paragraph (3)(a) - (i).
ARTICLE 43
Entry and search of
premises
(1) If, on application made by a Police Officer
supported by information on oath, the Bailiff, a Jurat or a magistrate is
satisfied that there are reasonable grounds for believing that an offence under
Article 6 or 15 has been, or is being, committed and that there is
evidence of the commission of the offence to be found on premises specified in
the application he or she may issue a warrant authorizing a Police Officer to
enter and search the premises within 1 month of the date of the issue of the
warrant.
(2) The warrant may, but need not, authorize the
Officer to use such force as is reasonably necessary to make that entry.
(3) A Police Officer who enters premises by
authority under this Article -
(a) may,
if so authorized by a warrant under this Article, use such force as is
reasonably necessary to make that entry;
(b) may
take with the Officer such other persons as may be necessary;
(c) shall,
if a person on the premises so requires, show proof of the Officer’s authority
as such an Officer and show the warrant authorizing the entry; and
(d) on
leaving unoccupied premises so entered, shall leave them as effectively secured
against trespassers as the Officer found them.
(4) A person who obstructs a Police Officer in
the execution of a warrant issued under this Article commits an offence and is
liable to a term of imprisonment not exceeding 6 months or a fine not exceeding
level 3 on the standard scale, or both.
ARTICLE 44
Limitation of civil
liability
(1) A person or body to whom this Article
applies shall not be liable in damages for anything done or omitted in the
discharge or purported discharge of a function under this Law unless it is
shown that the act or omission was in bad faith.
(2) This Article applies to -
(a) the States;
(b) the Home Affairs Committee;
(c) the Public Services Committee;
(d) a
member of either of those Committees, or a person who is, or is acting as, an
officer, employee or agent of either of those Committees or performing a duty
or exercising a power on behalf of either of those Committees; and
(e) a Traffic Officer.
(3) A person is not entitled to claim or to
receive compensation in respect of a change in the value of a licence, badge,
or approval, or of a right arising under this Law, being a change resulting
from the modification of a licence condition, the revocation or suspension of a
licence, badge or approval or otherwise resulting directly or indirectly from
the exercise of a function under this Law.
(4) Paragraph (3) is included for the avoidance
of doubt and does not limit the operation of paragraph (1).
ARTICLE 45
Service of notices
etc.
(1) A notice required by this Law or any
licence granted under this Law to be given to a Committee shall not be regarded
as so given until the notice is in fact received by that Committee.
(2) A notice or other document required or
authorized under this Law to be given to a Committee may be given by facsimile,
other electronic transmission, or by any other means by which that Committee
may obtain or recreate the notice or document in a form legible to the naked
eye.
(3) A notice, direction or other document
required or authorized by or under this Law to be given to or served on a
person other than a Committee may be given or served on the person in
question -
(a) by delivering it to the person;
(b) by leaving it at the person’s proper
address;
(c) by sending it by post to the person at that
address; or
(d) by
sending it to the person at that address by facsimile, other electronic
transmission, or by any other means by which the person may obtain or recreate
the notice, direction or document in a form legible to the naked eye.
(4) Such a notice, direction or other document
may -
(a) be
given to or served on a company incorporated in Jersey by being delivered to
the company’s registered office; or
(b) be
given to or served on a partnership, company incorporated outside Jersey, or
unincorporated association in the manner set out in paragraph (5).
(5) That manner is -
(a) by
being given to or served (in any case) on a person who is a principal person in
relation to the partnership, company incorporated outside Jersey, or
unincorporated association, or on its secretary, clerk or other similar officer
or a person who purports to act in any such capacity, by whatever name called,
or (in the case of a partnership) on the person having the control or
management of the partnership business; or
(b) by
being delivered to the registered or administrative office of such a person.
(6) For the purposes of this Article and of
Article 12 of the Interpretation (Jersey) Law 1954, the proper address of a person to or on whom a document is to be
given or served by post shall be the person’s last known address, except
that -
(a) in
the case of a company (or person referred to in paragraph (5)(a) in
relation to a company incorporated outside Jersey) - it shall be the
address of the registered or principal office of the company in Jersey;
(b) in
the case of a partnership (or person referred to in paragraph (5)(a), or
who is a principal person, in relation to a partnership) - it shall be the
address of the principal office of the partnership in Jersey.
(7) If the person to or on whom a notice,
direction or other document referred to in paragraph (3) is to be given or
served has notified the appropriate Committee of an address within Jersey,
other than the person’s proper address within the meaning of paragraph (6), as
the one at which the person or someone on the person’s behalf will accept
documents of the same description as that document, that address shall also be
treated for the purposes of this Article and Article 12 of the Interpretation
(Jersey) Law 1954 as the person’s proper address.
(8) If the name or the address of an owner,
lessee or occupier of premises on whom a notice, direction or other document
referred to in paragraph (3) is to be served cannot after reasonable enquiry be
ascertained it may be served by -
(a) addressing
it to the person on whom it is to be served by the description of ‘owner’,
‘lessee’ or ‘occupier’ of the premises;
(b) specifying the premises on it; and
(c) delivering
it to some responsible person resident or appearing to be resident on the
premises or, if there is no person to whom it can be delivered, by affixing it,
or a copy of it, to some conspicuous part of the premises.
ARTICLE 46
Regulations and Orders
(1) The
Home Affairs Committee or, as the case may be, the Public Services Committee,
may by Order make provision for the purpose of carrying this Law into effect
and, in particular, for or with respect to any matter that may be prescribed
under this Law by Order of either Committee.
(2) The States may by Regulations make
provision for the purpose of carrying this Law into effect and, in particular,
for or with respect to any matter that may be prescribed under this Law by
Regulations.
(3) An Order or Regulations made under this Law
may -
(a) make
different provision in relation to different cases or circumstances;
(b) apply
in respect of particular persons or particular cases or particular classes of
persons or particular classes of cases, and define a class by reference to any
circumstances whatsoever; or
(c) contain
such transitional, consequential, incidental or supplementary provisions as
appear to the Committee making the Order or the States, as the case may be, to
be necessary or expedient for the purposes of the Order or Regulations.
(4) Regulations and Orders made under this Law
may create an offence punishable by a fine not exceeding level 4 on the
standard scale.
(5) The Subordinate Legislation (Jersey) Law
1960 shall apply to an Order made under this Law.
(6) The powers conferred on the States by the
Order in Council of the 26th December, 1851, to make Regulations relating to the police of the public roads,
include a power to amend any of the provisions of this Law.
ARTICLE 47
Citation
This Law may be cited
as the Motor Traffic (Jersey) Law 1935.”.
Citation and commencement
10. These Regulations may be cited as the Motor
Traffic (No. 8) (Jersey) Regulations 2002 and shall come into force on the
seventh day after promulgation.
M.N.
DE LA HAYE
Deputy Greffier of the
States.