Motor Vehicles
(Construction and Use) (Amendment No. 12)
(Jersey) Order 2018
Made 14th May 2018
Coming into force 14th
May 2018
THE MINISTER FOR INFRASTRUCTURE, in pursuance of Articles 77 and 84
of the Road Traffic (Jersey) Law 1956[1], orders as follows –
1 Motor
Vehicles (Construction and Use) (Jersey) Order 1998 amended
The Motor Vehicles (Construction and Use) (Jersey) Order 1998[2] is amended as follows.
2 Amendment
of Article 120
For Article 120(1) there are substituted
the following paragraphs –
“(1) The Minister may require the
owner of any class or classes of vehicle, to which Article 120A does not
apply, to obtain a certificate of compliance certifying that the vehicle
complies with those provisions of this Order listed in the certificate.
(1A) Before a certificate of compliance is issued the
examiner shall examine the vehicle.
(1B) The fee for an examination for a certificate of
compliance is £175, but where the vehicle does not comply it may be
submitted for re-examination within 14 days and the fee for the
re-examination is half of the fee for the first examination.”.
3 Insertion
of Article 120A
After Article 120 there is inserted the following
Article –
“120A Annual
examination and certificate of compliance for certain goods vehicles and
trailers used for business
(1) This Article applies, subject to paragraph (8),
to a vehicle (a ‘relevant vehicle’) that –
(i) a
large goods vehicle,
(ii) a
semi-trailer, or
(iii) a
trailer, the unladen weight of which exceeds 1,020 kg;
(b) is used in the course of a business; and
(c) is not –
(i) an
agricultural motor vehicle,
(ii) an
agricultural tractor,
(iii) an
agricultural trailer,
(iv) an
agricultural trailed appliance, or
(v) a
vehicle in respect of which there is in force a licence under Article 78
of the Law.
(2) A person shall not use a relevant vehicle on
a road, and the owner of a relevant vehicle shall not cause or permit it to be used
on a road, unless –
(a) the vehicle has been examined under paragraph (4)
no more than one year before it is so used; and
(b) an indicator, from a certificate of
compliance issued under paragraph (5) in respect of that examination, is
displayed on the vehicle in such a manner as to be clearly visible from the
outside of the vehicle.
(a) tests for compliance with all of the requirements
of this Order that apply to the relevant vehicle;
(b) is of all of the parts and component parts
of the vehicle to which those requirements apply; and
(c) is carried out by an examiner designated
under Article 120(2), as applied by paragraph (7) of this Article.
(5) If a relevant vehicle is found on an examination
under paragraph (4) to comply with all of the requirements of this Order
that apply to that vehicle, the examiner shall issue a certificate of
compliance that –
(a) certifies that the vehicle did so comply;
(b) lists the requirements for which compliance
was tested;
(c) specifies the date on which the examination was
concluded;
(d) includes a detachable indicator for display
in the vehicle; and
(e) is otherwise in such form as the Minister
shall specify.
(6) Articles 118 and 119 apply following an
examination under paragraph (4) as they do following a test under Article 117.
(7) Articles 120(1B), (2), (4), (5), (6),
(8) and (9) apply in respect of a certificate of compliance under this Article
as they apply in respect of a certificate of compliance under Article 120.
(8) Paragraphs (2) and (3) do not apply to
a relevant vehicle until whichever is the sooner of –
(a) 14th May 2019; and
(b) the date, if any, on which, by appointment
with the Inspector of Motor Traffic, the vehicle is first submitted for examination
under paragraph (4).”.
4 Amendment
of Article 121
In Article 121 after the words “certificate of compliance”
there are inserted the words “, issued under Article 120 or
120A,”.
5 Citation
and commencement
This Order may be cited as the Motor Vehicles (Construction and Use)
(Amendment No. 12) (Jersey) Order 2018 and comes into force on 14th May 2018.
deputy e.j. noel of st. lawrence
Minister for Infrastructure