Road
Traffic (No. 68) (Jersey)
Regulations 2021
Made 5th October 2021
Coming into
force 12th October 2021
1 Interpretation
In these Regulations a reference to an Article or Schedule is a
reference to an Article or Schedule in the Road Traffic (Jersey) Law 1956.
2 Article 52 (duty of driver of vehicle in
case of accident) substituted
For Article 52 there
is substituted –
“52 Duty of driver of vehicle
in case of accident
(1) A
driver of a vehicle must comply with paragraph (2), if owing to the
presence of the vehicle on a road, an accident occurs involving any of the
following –
(a) personal injury to any person;
(b) damage to –
(i) another vehicle, or
(ii) any other property (moveable
or immovable) including land and anything constructed
on, fixed to or growing on land; or
(c) injury is caused to any
horse, cattle, ass, mule, sheep, pig, goat or dog.
(2) The
driver of the vehicle must stop and, if required by any person having
reasonable grounds for doing so, must give the following information –
(a) the driver’s name and
address and, if different, the name and address of the owner of the vehicle;
(b) the registration mark of
the vehicle; and
(c) whether, and the extent
to which, there is in force in relation to the user of the vehicle a policy of
insurance in respect of third party risks.
(3) If,
for any reason (including not being required by any person), the driver of the vehicle
does not give the information referred to in paragraph (2)(a), the driver –
(a) must immediately inform a
police officer of the occurrence of the accident; and
(b) must not move the vehicle
without the consent of a police officer.
(4) Subject
to paragraph (5), if a cat is hit by a motor vehicle while that vehicle is
being driven on a road, the driver of the vehicle must –
(a) stop the vehicle as soon
as it is safe or reasonably practicable to do so; and
(b) notify a person or body
described in paragraph (6) of –
(i) when the cat was hit,
and
(ii) the location where the
cat was last seen by the driver.
(5) A
driver is not guilty of an offence of failing to comply with paragraph (4)
if the driver of the motor vehicle did not know and had no reason to suspect
that a cat was hit by the motor vehicle.
(6) A
person or body for the purpose of paragraph (4) is –
(a) a person who is responsible
for care of the cat; or
(b) a person or body
specified for the purpose of paragraph (4) in a code issued under Article 85.
(7) If
a person fails to comply with paragraph (1) or (3), that person commits an
offence and is liable to a fine and imprisonment for 6 months.
(8) If
a person fails to comply with paragraph (4) that person commits an offence
and is liable to a fine of level 3 on the standard scale.
(9) A
person or body referred in paragraph (6)(b) who is notified of information
under paragraph (4) must –
(a) keep a record of when the
cat was struck and when the cat was last seen; and
(b) make that information
available to any person who seems to have reasonable grounds for requiring the
information.
(10) For
the avoidance of doubt, in respect of an accident involving injury to an
animal, this Article is without prejudice to any other action a person may take
to avoid liability under Article 4 (cruelty and unnecessary suffering) and
Article 5 (neglect and abandonment) of the Animal Welfare
(Jersey) Law 2004.”.
3 Schedule 3 (offences in respect of which
there is no power to levy fines summarily) amended
In Schedule 3 for
“Article 52 – failure to stop after an accident” there is substituted
“Article 52(1) and (3) – failure to stop or report after certain accidents”.
4 Citation and commencement
These Regulations may be
cited as the Road Traffic (No. 68) (Jersey) Regulations 2021 and come
into force 7 days after the day they are made.