Armed Forces
(Vehicles and Roads – Amendments) (Jersey) Regulations 2018
Made 26th June 2018
Coming into force 30th
June 2018
THE STATES, in pursuance of Article 18(6) of the Armed Forces (Offences and
Jurisdiction) (Jersey) Law 2017[1], have made the following
Regulations –
1 Amendment
of Motor Traffic (Third-Party Insurance) (Jersey) Law 1948
In Article 2(3) of the Motor Traffic (Third-Party Insurance)
(Jersey) Law 1948[2], after the words “owned
and used by any Department of Her Majesty’s Government,” there are
inserted the words “by a home force as defined by Article 3(1) of
the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017[3],”.
2 Amendment
of Motor Vehicle Registration (Jersey) Law 1993
In the Motor Vehicle Registration (Jersey) Law 1993[4] –
(a) after
Article 2(b) there is inserted the following sub-paragraph –
“(ba) any motor vehicle that, for the time
being –
(i) is
used for the purposes of a home force, as defined by Article 3(1) of the
Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017[5], and
(ii) indicates
that use as required by Article 2A;”;
(b) after
Article 2 there is inserted the following Article –
“2A Indicator
of use of vehicle for naval, military or air force purposes
(1) A motor vehicle indicates its use, for the
purpose of Article 2(ba)(ii), if –
(a) a plate, disc or document (an
‘indicator’) is displayed in a conspicuous place on or in the motor
vehicle, so as to be clearly visible from outside the motor vehicle;
(b) the Inspector has, by notice under paragraph (3),
approved the indicator, or a description of indicators within which the
indicator falls, for the purpose of Article 2(ba)(ii); and
(c) the indicator is used in accordance with any
condition imposed by the Inspector under paragraph (2).
(2) The Inspector may, by notice under paragraph (3),
impose any one or more of the following conditions on the use of an indicator –
(a) a condition that the indicator includes a
mark identifying the particular indicator;
(b) a condition that a particular indicator is
used only in relation to a particular motor vehicle or by a particular person
or home force, or that particular descriptions of indicator are used only in
relation to particular descriptions of motor vehicle;
(c) a condition that the indicator is not used
in relation to a motor vehicle unless, when the vehicle was brought to Jersey
or on some other occasion specified in the condition, the Inspector was
notified of the intention to use it for the purposes of a home force;
(d) any other condition appearing to the
Inspector likely to be useful in identifying the motor vehicle or in verifying
the use of the motor vehicle.
(3) The notice must be given –
(a) in writing or by electronic communication
within the meaning of the Electronic Communications (Jersey) Law 2000[6]; and
(b) to a member of a home force who has been
nominated by that force for the purpose of enabling that force to bring the
approval or condition to the attention of any person, or of any other of the
home forces, who might reasonably be expected to seek to rely on Article 2(ba).
(4) The Minister may by Order, after consulting
any member of a home force appearing appropriate to the Minister, amend paragraphs (1)
and (2) to add, substitute or remove any requirement as to the indication of
the use of a motor vehicle.
(5) In this Article ‘home force’ has
the meaning given by Article 3(1) of the Armed Forces (Offences and
Jurisdiction) (Jersey) Law 2017[7].”.
3 Amendment
of Motor Vehicles (International Circulation) (Jersey) Regulations 1958
In the Motor Vehicles (International Circulation) (Jersey) Regulations 1958[8] –
(a) in Regulation 2(1) –
(i) sub-paragraph (c)
is deleted,
(ii) the
words “, except in the case of a holder of a British Forces (BFG) driving
licence,” are deleted;
(b) after
Regulation 2(1) there is inserted the following paragraph –
“(1A) Subject to the provisions of this Regulation,
it shall be lawful for a person who –
(a) is a member of a home force, within the
meaning of Article 3(1) of the Armed Forces (Offences and Jurisdiction)
(Jersey) Law 2017[9];
(b) is posted by that force to Jersey, other
than permanently; and
(c) holds a domestic driving permit issued under
the law of any jurisdiction in the British Islands other than Jersey,
during the period of that
posting to drive, or to be employed by that force in driving, in Jersey a motor
vehicle of any class or description which the person is authorized by that
permit to drive, notwithstanding that the person is not the holder of a licence
within the meaning of the Road Traffic (Jersey) Law 1956[10].”;
(c) for
Regulation 2(3) there is substituted the following paragraph –
“(3) Paragraphs (1) and (2)
are without prejudice to Article 20 of the Road Traffic (Jersey) Law 1956,
except that –
(a) Article 20(6) of that Law does not
apply to a person driving under this Regulation a heavy motor cycle brought
temporarily into Jersey, if the person has attained the age of 18 years;
and
(b) Article 20 of that Law does not apply
to a person driving, under paragraph (1A) of this Regulation, a motor
vehicle that is being used for the purposes of the force of which that person
is a member.”;
(d) in Regulation 2(5)
for the words “the right conferred by paragraph (1)(b) or the right
conferred by paragraph (1)(c) or the right conferred by paragraph (2)(b),
or any 2 or more of those rights, either in the case of all domestic driving
permits or British Forces (BFG) driving licences, or in the case of domestic
driving permits or British Forces (BFG) driving licences of a description
specified in the Order” there are substituted the words “the right
conferred by paragraph (1)(b) or (2)(b), or both of those rights, either in
the case of all domestic driving permits, or in the case of domestic driving
permits of a description specified in the Order”;
(e) in Regulation 2(6) –
(i) the
definitions “British Forces (BFG) driving licence” and
“dependants” are deleted,
(ii) in
the definition “domestic driving permit”, paragraph (b) is deleted;
(f) in
Regulation 4(1), sub-paragraph (c) of the definition “visitor’s
registration document” is deleted.
4 Amendment
of Road Traffic (Jersey) Law 1956
In Article 38(1) of the Road Traffic (Jersey) Law 1956[11], for the words in the
proviso “motor vehicles owned by Her Majesty and used for naval, military
or air force purposes, or in the case of vehicles so used while being driven by
persons for the time being subject to the orders of any member of the armed
forces of the Crown” there are substituted the words “a motor
vehicle owned and used for the purposes of a home force, as defined by Article 3(1)
of the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017[12], or in the case of a motor vehicle
so used while being driven by a person who is subject to service law within the
meaning of that Law”.
5 Amendment
of Motor Vehicles (Construction and Use) (Jersey) Order 1998
In the Motor Vehicles (Construction and Use) (Jersey) Order 1998[13] –
(a) in Article 1(1),
after the definition “gross weight” there is inserted the following
definition –
“ ‘home
force’ has the meaning given by Article 3(1) of the Armed Forces
(Offences and Jurisdiction) (Jersey) Law 2017[14];”;
(b) in Article 1(1),
for the definition “vehicle in the service of a visiting force or of a
headquarters” there is substituted the following definition –
“ ‘visiting
force’ means a visiting force of a listed country, as defined by Article 3(1)
and (4) of the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017;”;
(c) for
Article 1(4)(b)(ii) there is substituted the following clause –
“(ii) a
vehicle belonging, or which has belonged, to a home force and which is or was
used or appropriated for the purposes of that force,”;
(d) in Article 1(4)(b)(iii)
the words “or a headquarters or defence organization to which in each
case the Visiting Forces and International Headquarters (Application of Law) Order 1965
of the United Kingdom applies” are deleted;
(e) in
the Table in Article 2(4), item 4 (vehicle in the service of a
visiting force or of a headquarters) is deleted;
(f) after
Article 2(7) there is added the following paragraph –
“(8) No fee is required under paragraph (7)
in respect of a vehicle used for the purposes of a home force or of a visiting
force.”;
(g) for
Article 52(2)(i) there is substituted the following sub-paragraph –
“(i) a vehicle used for the
purposes of a home force or of a visiting force;”;
(h) for
Article 54(2)(g) there is substituted the following sub-paragraph –
“(g) a vehicle used for the
purposes of a home force or of a visiting force;”.
6 Amendment
of Motor Vehicles (Driving Licences) (Jersey) Order 2003
After Article 42 of the Motor Vehicles (Driving Licences)
(Jersey) Order 2003[15] there is inserted the
following Article –
“42A Reserve
forces – young driver exemption
Despite Article 20(4) of
the Law, a person who has attained the age of 17 years is not to be deemed
to be disqualified by age from holding or obtaining a licence to drive, or from
driving under such a licence, on a road a motor vehicle specified in any of
items 9 to 14 of the table in that Article, if –
(a) the person is a member of a home force that
is a reserve force, within the meaning of those terms in Article 3(1) of
the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017[16]; and
(b) the vehicle is used for the purposes of that
force.”.
7 Citation
and commencement
These Regulations may be cited as the Armed Forces (Vehicles and
Roads – Amendments) (Jersey) Regulations 2018 and come into
force on the coming into force of the Armed Forces (Offences and Jurisdiction)
(Jersey) Law 2017.
dr. m. egan
Greffier of the States