Road Traffic
(Public Parking Places) (Jersey) Order 2006
Made 10th August 2006
Coming into force 1st
September 2006
THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES, in pursuance of Articles 59 and
84 of the Road Traffic (Jersey) Law 1956[1], orders as follows –
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“car park official”,
in respect of a parking place, means a person authorized by the controlling
body of the parking place to carry out the duties prescribed by this Order in
relation to the parking places;
“charging Order”
means an Order made under Article 59(1) of the Law prescribing the charges
payable in respect of parking places;
“commercial vehicle”
means a vehicle designed or manufactured solely or mainly for purposes other
than those of a private household;
“controlling body”,
in respect of a parking place, means –
(a) the parochial authority
in the case of a parking place administered by a parochial authority;
(b) the Minister for Education,
Sport and Culture in the case of the parking places STH6
and STH21; and
(c) the Minister for
Transport and Technical Services in any other case;
“disabled person’s badge”
means a badge, parking card or permit as described in Article 2(4)(a) of
the Road Traffic (Disabled Persons)
(Parking) (Jersey) Order 2002[2];
“disabled person’s vehicle”
means a vehicle lawfully displaying a disabled person’s badge;
“displayed”, in
respect of a disabled person’s badge, season ticket, pay card, parking
disc or permit displayed on a vehicle, means –
(a) displayed either
against the internal face of the windscreen or against the internal face of a
side window adjacent to the windscreen of the vehicle; or
(b) if the vehicle has no
windscreen, in a conspicuous place on the vehicle,
so that the details on the badge, season ticket, pay card, parking
disc or permit are clearly visible from outside the vehicle;
“excess charge”
means the charge payable on the issue of an excess charge notice;
“excess charge notice”
means a notice in a form authorized by the Minister for Transport and Technical
Services stating that the prescribed excess charge is payable and the time and
manner in which it is to be paid;
“foreign registered vehicle”
means a vehicle that is exempt from registration under the Registration Law
pursuant to Regulation 4(2) of the Motor
Vehicles (International Circulation) (Jersey) Regulations 1958[3] and that has displayed on
it –
(a) the registration mark
recorded in the visitor’s registration document (as defined in those
Regulations) in respect of the vehicle as its registration mark; or
(b) an identification mark
assigned to the vehicle pursuant to those Regulations;
“invalid carriage”
has the meaning assigned to that expression by the Registration Law;
“Law” means the Road Traffic (Jersey) Law 1956[4];
“motor vehicle”, in
the definition of “unregistered vehicle”
does not include a motor vehicle that is exempt from registration under the
Registration Law not being a foreign registered vehicle;
“notice”, in respect
of a notice in a parking place giving directions to the public, includes a
mark, sign or other indication clearly visible to the public;
“park”, in respect
of a vehicle, includes to cause or knowingly permit the vehicle to be parked;
“parking bay”, in respect
of a parking place, means an area marked on the ground of the parking place as
an area where a vehicle may be parked;
“pay card” means a
card in a form authorized by the Minister for Transport and Technical Services
issued by or on behalf of a controlling body on payment of the prescribed
charge and includes a card issued by a ticket issuing machine;
“parking disc” means
a disc, issued by a Connétable for display on parked vehicles, that is
composed of 2 pieces of pale yellow cardboard enclosing 3 red cardboard discs
each pivoted about its centre on which are printed figures that can be set to
reveal through 3 apertures in one of the pieces of yellow
cardboard –
(a) in
the left hand aperture, the hour;
(b) in
the centre aperture, the tens of minutes; and
(c) in
the right hand aperture the minutes,
of the time of arrival of a vehicle at a parking place;
“parking place”
means a public parking place the name or vicinity of which is specified in
Schedule 1;
“parking unit” means
a unit of charge having the value prescribed by a charging Order;
“pay period”, in
respect of parking place specified in a Part of Schedule 3, means the
period specified in that Part in respect of the parking place;
“permit”, in respect
of a parking place, means a permit in a form authorized by the Minister for
Transport and Technical Services issued by the controlling body of the parking
place or a person acting with the authority of the controlling body, whether on
the payment of a charge or otherwise, that authorizes the holder of the permit
to park a vehicle in the parking place in accordance with the provisions of the
permit;
“prescribed charge”
means the charge prescribed by a charging Order and, in respect of a parking
place specified in a Part of Schedule 3, means the charge (expressed in
parking units) specified in that Part in respect of the parking place;
“prescribed excess charge”
means the excess charge or charges prescribed by a charging Order;
“prescribed season ticket charge”
means the charge or charges for a season ticket prescribed by a charging Order;
“public parking place”
means a place under the administration of a public or parochial authority where
vehicles may be parked;
“registered vehicle”
means a vehicle registered under the Registration Law;
“Registration Law”
means the Motor Vehicle Registration
(Jersey) Law 1993[5];
“season ticket”
means a ticket in a form authorized by the Minister for Transport and Technical
Services issued by or on behalf of a controlling body on payment of the
prescribed season ticket charge that permits, subject to a parking bay being
available, a vehicle on which the ticket is displayed to be parked in a parking
place for which the ticket is valid during the calendar month in respect of
which the ticket is issued;
“ticket issuing machine”
means a device from which pay tickets are issued on payment of the prescribed
fee;
“trailer” includes a
caravan;
“unregistered vehicle”
means a motor vehicle other than a registered vehicle, an invalid carriage or a
foreign registered vehicle;
“valid pay card”, in
respect of a vehicle in a parking place, means a pay card that has been
correctly marked in accordance with the instructions on the card to indicate
that the prescribed charge required to be paid to park the vehicle in the
parking place at that time has been paid;
“valid parking disc”,
in respect of a vehicle in a parking place, means a parking disc that has been
correctly set in accordance with the instructions on the disc to show that the
vehicle may be parked in that parking place at that time;
“valid permit”, in
respect of a vehicle in a parking place, means a permit that permits the
vehicle to be parked in that parking place at that time;
“valid season ticket”,
in respect of a vehicle in a parking place, means a season ticket that is currently
in force in respect of that parking place;
“vehicle” does not include a trailer or a boat.
(2) A
reference in this Order to a parking place by a letter or letters and a number
is a reference to the parking place in column 1 of Schedule 1
assigned the letter or those letters and the number in column 2 of that
Schedule.
2 Use of parking places
(1) A
person may park a vehicle in a parking place, subject to compliance with this
Order.
(2) Paragraph
(1) does not authorize a person to park –
(a) a commercial vehicle
with an overall length of 15 feet or more; or
(b) an agricultural
tractor,
in a parking place that is not specified in Schedule 4, without
the written permission of the controlling body of the parking place.
(3) The
controlling body of a parking place may in writing permit a person to park or
place a trailer or boat or any other thing that is not a vehicle in any parking
place.
(4) Permission
for the purpose of paragraph (2) or (3) may be given subject to such terms
and conditions as the controlling body of the parking place may determine,
including conditions requiring the payment of a charge and the display of the
permission.
3 Controlling body may
control use of parking place
The controlling body of
a parking place may by notice displayed at the parking place –
(a) indicate
the speed and route to be taken and other restrictions to be observed by a
person driving a vehicle in the parking place or by pedestrians;
(b) restrict
the size or mass of vehicles that may use the whole or any part of the parking
place;
(c) close
for any period and for any purpose the whole or any part of the parking place;
(d) set
aside permanently or for any period the whole or any part of the parking place
for parking vehicles of a type specified in the notice; and
(e) set
aside permanently or for any period the whole or any part of the parking place
for parking vehicles on which a valid permit is displayed.
4 Restrictions
on parking
A person must not park a vehicle in a parking place specified in a
Part of Schedule 2 –
(a) for
more than the maximum parking period specified in that Part; or
(b) in
the circumstance that any condition specified in that Part is breached in
relation to the vehicle.
5 Parking charges
(1) A
person must not park a vehicle in a parking place specified in Schedule 3
during the pay period specified in that Schedule in respect of the parking
place unless a valid season ticket, a valid pay card or a valid permit is
displayed on the vehicle.
(2) Paragraph (1)
does not apply in respect of a disabled person’s vehicle –
(a) if a valid parking disc
is displayed on the vehicle; and
(b) in respect of a parking
place specified in Schedule 3 where a vehicle may be parked in the parking
place for a continuous period between 8 a.m. and 5 p.m. on any day, the
disabled person’s vehicle is not parked in the parking place for a total
period of more than 12 hours during any continuous period of
24 hours.
(3) Paragraph (1)
does not apply in respect of a motor cycle parked in an area of a parking place
set aside for motor cycles by the controlling body of the parking place.
(4) Paragraph (1)
does not apply in respect of a cycle left in an area of a parking place set
aside for cycles by the controlling body of the parking place.
6 Excess charges
(1) A
prescribed excess charge is payable if a person –
(a) has failed to comply
with Article 4 or 5 in respect of a vehicle parked in a parking place;
(b) has parked a vehicle in
a parking place, whether within or partly within a parking bay, or otherwise,
in a manner that obstructs or is likely to obstruct other vehicles using the
parking place;
(c) has parked a vehicle in
a parking place in a part of that place that is neither a parking bay where the
vehicle is authorized to be parked nor an area set aside for parking vehicles
of that type;
(d) otherwise than in
accordance with the permission of the controlling body of a parking place, has
parked or placed a trailer, boat or other thing in the parking place;
(e) has parked an
unregistered vehicle anywhere in a parking place; or
(f) otherwise than in
accordance with the written permission of the controlling officer of a parking
place not specified in Schedule 4, has parked a commercial vehicle with an
overall length of more than 15 feet, or an agricultural tractor, in the parking
place;
(g) has parked a vehicle,
trailer, boat or other thing in a parking place contrary to the terms of a
notice displayed under Article 3 in the parking place,
and a car park official has attached an excess charge notice to a
conspicuous part of the vehicle, trailer, boat or other thing.
(2) If
a car park official has attached an excess charge notice to a vehicle by virtue
of paragraph (1)(a) the vehicle may remain parked in the parking place for
2 hours from the time specified in the notice.
(3) If –
(a) a car park official has
attached an excess charge notice to a vehicle, trailer, boat or other thing by
virtue of paragraph (1); and
(b) the vehicle, trailer,
boat or other thing has not been moved within 2 hours of the time
specified in the notice,
a further excess charge notice may be attached to the vehicle, boat,
trailer or other thing so that a further excess charge become payable in
respect of the vehicle, trailer boat or other thing.
(4) A
vehicle shall be taken to be unregistered for the purpose of
paragraph (1)(e) if it does not have displayed on it anything required to
be displayed on it to show that it is registered.
7 Offences
(1) A
person must not fail to comply with the terms of a notice displayed in
accordance with Article 3.
(2) A
person must not fail to pay a prescribed excess charge in accordance with the
terms of the relevant excess charge notice.
(3) A
person must not interfere with a ticket issuing machine with intent to defraud.
(4) A
person must not with intent to deceive –
(a) make, copy, alter,
deface or mutilate a disabled person’s badge, a pay card, a parking disc,
a season ticket or a permit;
(b) display on a vehicle in
a parking place anything intended to appear to be a disabled person’s
badge, a pay card, a parking disc, a season ticket or a permit; or
(c) display on a vehicle in
a parking place a disabled person’s badge, a pay card, a parking disc, a
season ticket or a permit that has been altered, defaced or mutilated.
(5) A
person must not, except with the written permission of the controlling body of
the parking place, do or cause or knowingly permit another person to do any of
the following things –
(a) attach advertising
material to a parking place or a vehicle in a parking place;
(b) display advertising
material in a parking place;
(c) carry on a trade or
business in a parking place;
(d) use a vehicle in
connection with a trade or business while it is parked in a parking place; or
(e) solicit or collect
alms, contributions, donations or subscriptions in a parking place.
(6) A
person must not –
(a) drive a vehicle in a
parking place except with the intention of parking the vehicle or to remove it
afterwards;
(b) injure or deface a
parking place or a notice in a parking place;
(c) deposit refuse in a
parking place except in a receptacle provided for the purpose;
(d) discharge a firearm,
throw a missile or light a fire or firework in a parking place;
(e) wash a vehicle, trailer
or boat in a parking place;
(f) carryout work on
a vehicle, trailer, boat or other thing in a parking place except, in the case
of a vehicle or trailer, to any extent necessary to be able to remove it from
the parking place;
(g) sleep in a vehicle or
trailer in a parking place or otherwise use a vehicle or trailer in a parking
place for a residential or domestic purpose;
(h) use a vehicle in
connection with a trade or business while it is parked in a parking place; or
(i) place on a
vehicle in a parking place, other than a motor cycle, a cover of the type
normally used to protect the exterior of a vehicle from the weather during
storage in the open air.
(7) A
person, other than the driver of the vehicle, or a person acting with the
driver’s permission, must not remove from a vehicle a disabled
person’s badge, season ticket, pay card, parking disc or permit displayed
on a vehicle.
(8) A
person must not consume alcohol in a parking place or be in possession of an
open container containing alcohol unless the general consumption of alcohol in
the parking place has for the time being been approved by the controlling body
of the parking place.
(9) The
driver of a vehicle in a parking place must not fail to comply with any
reasonable instructions given to the driver by a car park official –
(a) as to how the vehicle
should be parked; or
(b) to remove the vehicle
from the parking place.
(10) A person
who is in a parking place other than to park or collect a motor vehicle must
not –
(a) fail to leave the
parking place if requested to do so by a police officer or a car park official;
or
(b) refuse or fail to give
his or her name and address or give a false name and address if on reasonable
grounds the person is requested to give his or her name and address by a police
officer or a car park official.
(11) A person
who contravenes, or fails to comply with, a provision of this Article shall be
liable to a fine not exceeding level 2 on the standard scale.
8 Condition
A vehicle parked in a
parking place or a thing permitted to be placed in a parking place by the
controlling body of the parking place, is parked or placed in the parking place
subject to the condition that no claim shall lie against the controlling body
of the parking place or any car park official in respect of the loss of or
damage to the vehicle or thing, or a fitting or the contents of the vehicle or thing.
9 Revocations
The following Orders shall be revoked –
(a) the
Road Traffic (Public Parking Places) (Jersey) Order 2004[6];
(b) the
Road Traffic (Public Parking Places) (Amendment) (Jersey) Order 2005[7].
10 Citation and commencement
(1) This
Order may be cited as the Road Traffic (Public Parking Places) (Jersey) Order
2006.
(2) This
Order shall come into force on 1st September 2006.
deputy g.w.j. de faye of st. helier
Minister for Transport and Technical Services