Jersey R&O 50/2002
Road Traffic (Jersey)
Law 1956
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ROAD
TRAFFIC (No. 53) (JERSEY) REGULATIONS
2002
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(Promulgated on the 12th day of June 2002)
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STATES OF JERSEY
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The
11th day of June 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 Article 49 of the
Road Traffic (Jersey) Law 1956, as amended, have made the
following Regulations -
1. In these Regulations “Law”
means the Road Traffic (Jersey) Law 1956, as
amended.
2. After Article 8(1) of
the Law there shall be
inserted the following paragraph -
“(1A) Where -
(a) the
Magistrate’s Court -
(i) pursuant
to paragraph (2) of Article 4 of the Magistrate’s Court
(Miscellaneous Provisions) (Jersey) Law 1949, as amended,
commits a person to the Royal Court for trial in respect of any offence
specified in the First Schedule to this Law to which he has pleaded guilty; or
(ii) pursuant
to Article 4A of that Law,
commits a person to be sentenced for any such offence after finding him guilty;
or
(b) the
Magistrate’s Court or the Royal
Court, after a person has pleaded guilty to, or
been found guilty of, any such offence, adjourns before sentencing him,
that
court may order him to be disqualified for holding or obtaining a licence until
he has been so sentenced, and any period of disqualification imposed on
sentence shall be treated as reduced by the period during which he has been so
disqualified by virtue of this paragraph.”.
3. For
Article 10(6) of the Law
there shall be substituted the following paragraph -
“(6) Where
a person is disqualified for holding or obtaining a licence, any licence in
force in respect of him immediately before the imposition of such
disqualification shall be surrendered to the court and retained by the
licensing authority -
(a) where he been
so disqualified until he has, since the date of that conviction, passed the
prescribed test, until it expires; or
(b) in any other
case, until it expires or is returned on demand to the person concerned when he
is no longer so disqualified, whichever is the sooner.”.
4.-(1) In Article 15A of the Law
-
(a) in
paragraph (5) for the words “be disqualified for a period of twelve months for
holding or obtaining a licence” there shall be substituted the words “in the
case of a first offence, be disqualified for a period of twelve months and in
the case of a second or subsequent offence committed within 10 years of
the last such offence, for a period of three years, for holding or obtaining a
licence.”; and
(b) after
paragraph (5) there shall be inserted the following paragraph -
“(6) In paragraph (5) of this Article “offence” means an offence
under this Article or under Article 16, 16A or 16C of this Law”.
(2) In Article 16 of the Law -
(a) in
paragraph (2) after the words “subsequent offence” there shall be inserted
the words “committed within 10 years of the last such offence”; and
(b) after
paragraph (2) there shall be inserted the following paragraph -
“(3) In paragraph (2) of this Article “offence” means an offence
under this Article or under Article 15A, 16A or 16C of this Law”.
(3) In Article 16A of the Law -
(a) in
paragraph (2) after the words “subsequent offence” there shall be inserted
the words “committed within 10 years of the last such offence”; and
(b) after
paragraph (2) there shall be inserted the following paragraph -
“(2A) In
paragraph (2) of this Article “offence” means an offence under this
Article or under Article 15A, 16 or 16C of this Law”.
(4) After Article 16C of the Law -
(a) in
paragraph (8) after the words “subsequent offence” there shall be inserted
the words “committed within 10 years of the last such offence”; and
(b) after
paragraph (8) there shall be inserted the following paragraph -
“(8A) In paragraph (8)
of this Article “offence” means an offence under this Article or under Article
15A, 16, or 16A of this Law”.
5. In Article 17 of the Law -
(a) for
paragraph (1) there shall be substituted the following paragraphs -
“(1) On the conviction of a person for an offence under Articles 14,
14A, 15, 15A, 16, 16A or 16C of this Law, where the court makes an order
disqualifying that person for holding or obtaining a driving licence for a
fixed period of time, it shall make an order disqualifying him for holding or
obtaining a licence (other than a provisional licence) until he has, since the
end of that fixed period, passed the prescribed test.
(1A) On the conviction
of a person for -
(a) an offence described in paragraph (1) where
the court does not make an order disqualifying him for holding or obtaining a
licence for a fixed period of time; or
(b) an offence under Article 13A of this Law,
the court may make an order disqualifying
him for holding or obtaining a licence (other than a provisional licence) until
he has, since the date of that conviction, passed the prescribed test.”; and
(b) in
paragraph (2) after the words “paragraph (1)” there shall be inserted
the words “or (1A)”.
6. In the heading to, and
paragraph (1) of, Article 34 of the Law for the expression
“32A” there shall be substituted the expression “32B”.
7. In Article 46 of the
Law
for the words “fifty pounds” there shall be substituted the words “one fifth of
level 2 on the standard scale”.
8. In Articles 47 and 48
of the Law
for the words “General Revenues” there shall be substituted the words “annual
income”.
9. Article 50 of the Law
shall be repealed.
10. In the First Schedule to the Law -
(a) Part C
shall be deleted; and
(b) after
paragraph 2 of Part E there shall be added the following paragraph -
“3. Any offence against an order made under Article 39, being an
offence -
(a) of contravening or failing to comply with
any requirement with respect to lighting equipment and reflectors; or
(b) of using a vehicle on a road, or causing or
permitting a vehicle to be so used, which does not comply with such a requirement,
other than a first offence.”.
11. These Regulations may
be cited as the Road Traffic (No. 53) (Jersey)
Regulations 2002 and shall come into force on the day following promulgation.
M.N.
DE LA HAYE
Deputy Greffier of the States.