Arrangement

Part 1  3

Part 2  5

Part 3  7

Part 4  10

THE STATES make these Regulations under the Motor Vehicles (International Circulation) (Jersey) Law 1953[1], the Order in Council of 26th December 1851[2] and Article 92 of the Road Traffic (Jersey) Law 1956[3] –

“A1   Interpretation

(1)     In these Regulations –

“Convention of 1926” means the International Convention relative to Motor Traffic, signed at Paris on 24th April 1926;

“Convention of 1949” means the Convention on Road Traffic, opened for signature at Geneva on 19th September 1949;

“Convention of 1968” means the Convention on Road Traffic, done at Vienna on 8th November 1968;

“form A” means the form headed “A” in Schedule 1;

“form B” means the form headed “B” in Schedule 1;

“Minister” means the Minister for Infrastructure;

“Vienna form” means a form complying with the requirements of Annex 7 to the Convention of 1968.

(2)     A reference in these Regulations to any of the Conventions of 1926, 1949 and 1968 is to be read as a reference to that Convention as amended from time to time.”.

“(1A) The period of validity of a driving permit in the Vienna form, issued by the Minister, is until whichever is earlier of –

(a)     the date that is 3 years after the date of issue of the permit; and

(b)     the date of expiry of the holder’s Jersey driving licence.”.

“ “Convention driving permit” means a driving permit –

(a)     in the Vienna form, issued under the authority of a country, other than Jersey, that is a party to the Convention of 1968 (regardless of whether it is also a party to either or both of the Conventions of 1926 and 1949);

(b)     in form A, issued under the authority of a country, other than Jersey, that is a party to the Convention of 1949 but not to the Convention of 1968 (regardless of whether it is also a party to the Convention of 1926); or

(c)     in form B, issued under the authority of a country, other than Jersey, that is a party to the Convention of 1926 but not to either of the Conventions of 1949 and 1968;”;

“78A Scheme for periodic technical inspection of motor vehicles

(1)     In this Article –

“certificate of satisfaction” means a certificate issued under the Order under paragraph (5)(g);

“inspection scheme” means the scheme for which provision is made by the Order under paragraphs (4) to (6);

“prior interval period”, in relation to a vehicle, means the period determined under the Order under paragraph (5)(d) in relation to that vehicle;

“Vienna Convention” means the Convention on Road Traffic, done at Vienna on 8th November 1968, as amended from time to time.

(2)     The Minister must exercise his or her power under Article 77 to make –

(a)     such provision as appears to the Minister to provide appropriately for the safety of road users; and

(b)     such provision as is, in the opinion of the Minister, necessary to comply with the requirements of the Vienna Convention.

(3)     A person commits an offence, and is liable to a fine of level 2 on the standard scale, if –

(a)     the person –

(i)      uses on a road a vehicle to which the inspection scheme applies, or

(ii)      is the owner of such a vehicle and causes or permits it to be used on a road; and

(b)     no certificate of satisfaction has been issued, during the prior interval period before the vehicle is so used, in respect of an inspection of that vehicle carried out during that period.

(4)     The Minister must by Order make provision for a scheme for the periodic technical inspection of motor vehicles for compliance with the provisions of the Order under Article 77 that apply to each such vehicle, being a scheme that, in the opinion of the Minister, complies with the requirements of the Vienna Convention.

(5)     The Order under paragraph (4) must include provision as to –

(a)     the descriptions of motor vehicle to which the inspection scheme applies, which may be framed by reference to any matter appearing relevant to the Minister, including –

(i)      the age of the vehicle or the date of its import or registration,

(ii)      any other form of periodic technical inspection to which the vehicle is subject, and

(iii)     the purpose for which the vehicle is used, including whether it is being driven to or from an inspection;

(b)     the date from which inspections may first be carried out in relation to each such description of motor vehicle;

(c)     the later date from which the inspection scheme first applies to each such description of motor vehicle, being a date that appears to the Minister to allow an appropriate period for preparation, by the Minister and by the owners of vehicles, for the application of the scheme to that description of motor vehicle;

(d)     the frequency of inspection for each such description of motor vehicle, including the method of determination of the interval period for the purpose of paragraph (3)(b) in relation to that description of motor vehicle;

(e)     subject to any Regulations under paragraph (8), the fees that are to be charged in relation to inspections;

(f)      subject to any Regulations under paragraph (9), the designation of persons as examiners for the purpose of carrying out inspections;

(g)     the issue of certificates of satisfaction for vehicles found on inspection to meet the requirements of the Order made under Article 77; and

(h)     appeals against, or reviews of, a refusal of a certificate of satisfaction.

(6)     The Order under paragraph (4) may include –

(a)     provision made by reference to, or by modification of, provision made under any of sub-paragraphs (j) to (p) of Article 77(1);

(b)     such transitional, transitory, saving, consequential, incidental or supplementary provision as appears to the Minister to be expedient for the purposes of the Order.

(7)     Article 79 applies in relation to a certificate of satisfaction as it applies in relation to a certificate of compliance issued under an Order under Article 77.

(8)     The States may by Regulations –

(a)     make provision for the fees that are to be charged in relation to inspections; and

(b)     amend a provision of an Order, being a provision made under paragraph (4) or (5)(e), to –

(i)      remove an inconsistency with the provision made under sub-paragraph (a),

(ii)      insert a reference to the Regulations, and

(iii)     make consequential, transitional, transitory or saving provision in relation to the provision made under clause (i) or (ii).

(9)     The States may by Regulations –

(a)     make provision for the designation of persons as examiners for the purpose of carrying out inspections, including provision –

(i)      as to the approval of premises and equipment to be used by examiners, and

(ii)      as to any fees to be charged in relation to that designation or approval; and

(b)     amend a provision of an Order, being a provision made under paragraph (4) or (5)(f), to –

(i)      remove an inconsistency with the provision made under sub-paragraph (a),

(ii)      insert a reference to the Regulations, and

(iii)     make consequential, transitional, transitory or saving provision in relation to the provision made under clause (i) or (ii).”.

“80A Order with regard to registration of certain motor-drawn trailers

(1)     In this Article –

“motor-drawn trailer” means a vehicle that is drawn, or is intended or adapted to be drawn, by a motor vehicle;

“Vienna Convention” has the same meaning as in Article 78A.

(2)     Other expressions used in this Article, that are also used in the Motor Vehicle Registration (Jersey) Law 1993[7], have the same meaning as in that Law.

(3)     A person commits an offence, and is liable to a fine of level 2 on the standard scale, if –

(a)     the person uses on a road a motor-drawn trailer on a journey that will involve entering a country, outside the British Islands, that is a party to the Vienna Convention; and

(b)     the motor-drawn trailer is not –

(i)      registered under this Article, or

(ii)      exempted from registration by the Order under paragraph (9).

(4)     In any proceedings for the offence under paragraph (3), it is a defence for the defendant to prove that he or she reasonably believed –

(a)     that, at the time of the alleged offence, the motor-drawn trailer –

(i)      was registered, or

(ii)      fell within a particular description, if a trailer of that description would not be required to be registered; or

(b)     that the journey on which the motor-drawn trailer was used –

(i)      would not involve leaving the British Islands, or

(ii)      would involve leaving the British Islands, but would involve entering only a particular other country or countries, if none of those other countries was a party to the Vienna Convention.

(5)     The provisions listed in paragraph (6) (the “motor vehicle provisions”) apply in relation to registration of a trailer for the purpose of this Article as if those provisions were provisions of this Article, with the substitution of references to a motor-drawn trailer for references to a motor vehicle.

(6)     The motor vehicle provisions are –

(a)     Parts 1 and 2 of the Motor Vehicle Registration (Jersey) Law 1993;

(b)     Articles 11, 12(6) to (10), 13 to 15, 16(2) and 17 of that Law;

(c)     the Schedule to that Law;

(d)     Parts 1 to 3 of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993[8];

(e)     Schedules 1 to 5 of that Order.

(7)     The Minister must by Order modify the application of the motor vehicle provisions to any extent that the Minister considers necessary or expedient in order to remedy anything in those provisions that might, in the opinion of the Minister, otherwise render the provisions, when applied in relation to the registration of a trailer, incompatible with the requirements of the Vienna Convention.

(8)     The Minister may by Order further modify the application of the motor vehicle provisions to any extent that the Minister considers appropriate in order –

(a)     to render any of those provisions more appropriate for trailers, or simpler in their application to trailers; or

(b)     to make any provision similar to a provision of, or made under, Part 2 of the Haulage Permits and Trailer Registration Act 2018 of the United Kingdom.

(9)     The Minister must by Order provide for particular descriptions of motor-drawn trailer to be exempt from the requirement to register, for the purpose of paragraph (3)(b)(ii), and may do so by reference to any factor appearing relevant to the Minister, including –

(a)     the weight or size or other characteristics of the motor-drawn trailer;

(b)     the description of motor vehicle by which the motor-drawn trailer is drawn;

(c)     the use, or intended use, of the motor-drawn trailer;

(d)     the residence or establishment of the person using the motor-drawn trailer, or of its owner or any other person, in Jersey or elsewhere; and

(e)     any reason for which the motor-drawn trailer would not, if it was a motor vehicle, be required to be registered under the Motor Vehicle Registration (Jersey) Law 1993.

(10)    The Minister may by Order provide for the voluntary registration of a motor-drawn trailer that –

(a)     is exempted by the Order under paragraph (9) from the requirement for registration; and

(b)     is intended to be used on a journey that will involve entering a country, outside the British Islands, that is a party to the Vienna Convention.

(11)    The Order under paragraph (9) must include transitory provision, until the end of a period appearing to the Minister to offer a reasonable opportunity for the introduction of registration under this Article, under which motor-drawn trailers –

(a)     are exempted during that period from the requirement to register, for the purpose of paragraph (3)(b)(ii); but

(b)     may be registered in anticipation of becoming subject to that requirement at or after the end of that period.

(12)    Nothing in paragraph (7) or (8) is to be read as requiring a modification under that paragraph to be made in any particular form, whether by reference to a motor vehicle provision, by setting out a motor vehicle provision as modified, or otherwise.

(13)    An Order under this Article may include such other transitory, transitional, saving, consequential, incidental or supplementary provision as appears to the Minister to be expedient for the purposes of the Order.

(14)    Paragraphs (8) to (13) are subject to the restriction that no provision may be made under them that would, in the opinion of the Minister, be incompatible with the requirements of the Vienna Convention.”.