Jersey R&O 133/2002
MOTOR TRAFFIC (No. 9) (JERSEY) REGULATIONS 2002
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ARRANGEMENT OF REGULATIONS
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1. Interpretation
2. Article 6
repealed and replaced
3. Articles
9 and 10 repealed and replaced
4 Article 24
amended
5. Article 30
repealed and replaced
6. Article 33
repealed and replaced
7. Articles 37 and
38 repealed and replaced
8. Long Title
repealed and replaced
9. Repeal
10. Citation and
commencement
Motor Traffic (Jersey) Law 1935
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MOTOR TRAFFIC (No. 9) (JERSEY) REGULATIONS 2002
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(Promulgated on the 13th day of November 2002)
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STATES OF JERSEY
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The 12th day of November 2002
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THE STATES, in pursuance of the powers conferred on them by the Order in
Council of 26th December 1851, and by Article 46 of the Motor Traffic (Jersey) Law 1935, as
amended, have made the following Regulations -
Interpretation
1. In these Regulations “the Law” means the
Motor Traffic (Jersey) Law 1935, as amended.
Article 6
repealed and replaced
2. For Article 6 of the Law there shall be substituted the following Article -
“ARTICLE 6
Requirement
for public service vehicle licence
(1) A person must not cause or permit a motor
vehicle to be used on a road as an omnibus, a char-à-banc or a cab unless -
(a) the person is
the holder of a public service vehicle licence for the vehicle that authorizes
the vehicle to be used for that purpose; and
(b) the vehicle is
being used and operated in accordance with the conditions set out in the licence.
(2) A person who causes or permits a motor
vehicle to be used or operated as a public service vehicle in contravention of
this Article shall be guilty of an offence and is liable to a fine not
exceeding level 4 on the standard scale.”.
Articles 9 and 10 repealed and replaced
3. For Articles 9 and 10 of the Law there shall be substituted the following Articles -
“ARTICLE 9
Grant of
public service vehicle licences
(1) The Committee shall on payment of the fee
prescribed by the Committee by Order grant a public service vehicle licence in
respect of a vehicle if it is satisfied -
(a) that the applicant is the owner of the
vehicle;
(b) that the
applicant is a fit and proper person to operate the public service to be
provided by the vehicle;
(c) that an
appropriate certificate of fitness is in force in respect of the vehicle; and
(d) that the grant
of the licence would not be contrary to paragraph (6).
(2) The Committee may grant a public service vehicle
licence unconditionally or subject to conditions, which shall be set out in the
licence.
(3) The conditions shall be such, as in the Committee’s
opinion, are necessary or desirable to ensure the proper operation of the
vehicle and the public service to be provided by the vehicle.
(4) Without prejudice to the generality of
paragraph (3), the conditions may relate to -
(a) the number of
passengers that may be carried in the vehicle or in any part of it;
(b) who may or may
not operate the vehicle;
(c) the manner in
which and the times during which the public service to be provided by the
vehicle is to be operated;
(d) in the case of
a public service vehicle licence granted in respect of a cab, the use of stands
established by Committees of the States in accordance with Article 37 for
use by cabs.
(5) Unless sooner revoked a public service
vehicle licence continues in force for 1 year from the date of its grant but
may be extended by the Inspector by up to 72 hours if the Inspector is
satisfied that there is an adequate reason for doing so.
(6) The Public Services Committee may, in
respect of a class of public service vehicles, determine that public service
vehicle licences shall not be granted in excess of such number it considers
desirable.
(7) A person may appeal to the Royal Court
against a decision made by the Committee -
(a) not to grant the
person a public service vehicle licence on the grounds that the person is not a
fit and proper person to operate the public service to be provided by the
vehicle; or
(b) as to a
condition subject to which a public service vehicle licence has been granted to
the person.
(8) Notice of the appeal must be lodged with
the Royal Court within 29 days of notice of the refusal being given or of the
grant of the licence, as the case may be, or within such further period as the
Court may allow if it considers it desirable to do so in the interests of
justice.
(9) In determining an appeal under this
Article, the Royal Court is not restricted to a consideration of questions of
law or to the facts contained in an application, or other information, before
the Committee.
(10) When it determines an appeal the Royal Court
may -
(a) confirm the
decision of the Committee; or
(b) substitute for
that decision any decision the Committee could have made.
(11) The Royal Court may make such orders as it
thinks appropriate, including ancillary orders and orders as to costs.
ARTICLE 10
Suspension or revocation of public service vehicle licences
(1) The Committee
may revoke a public service vehicle licence or suspend its validity, either for
a specified period or for an indefinite period, if it appears to the Committee
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(a) that its
holder is no longer a fit and proper person to operate the public service
provided by the vehicle having regard to the holder’s conduct, whether in
respect of the provision of that public service or otherwise, the manner in
which the vehicle has been used or operated or the manner in which the public
service has been provided (or has failed to be provided); or
(b) that the
vehicle to which the licence relates has been used or operated in contravention
of a condition set out in the licence.
(2) The validity of a public service vehicle
licence granted in respect of a vehicle is suspended during any period a certificate
of fitness is not in force in respect of the vehicle.
(3) The holder of a public service vehicle
licence may appeal to the Royal Court against a decision by the Committee to revoke
the licence or suspend its validity.
(4) Notice of the appeal must be lodged with
the Royal Court within 29 days of notice of the revocation or suspension being given
to the holder of the licence or within such further period as the Court may
allow if it considers it desirable to do so in the interests of justice.
(5) When it determines an appeal the Royal
Court may -
(a) annul or
confirm the decision of the Committee; or
(b) substitute for
that decision any decision the Committee could have made.
(6) The Royal Court may make such orders as it
thinks appropriate, including ancillary orders and orders as to costs.”.
Article 24 amended
4. For Article 24(1) of the Law there shall be substituted the following paragraph -
“(1) This
Article applies to a decision by the Public Services Committee on whether or
not -
(a) to grant an application made under Article 19(1)
for an omnibus service licence;
(b) to revoke an omnibus service licence; or
(c) to modify a condition contained in an
omnibus service licence.”.
Article 30
repealed and replaced
5. For Article 30 of the Law there shall be substituted the following Article -
“ARTICLE 30
Revocation or suspension of authority given by a badge
(1) The Committee
may, by written notice served on the holder of a badge, revoke or suspend,
either for a specified period or for an indefinite period, the authority the
badge gives the person to drive a public service vehicle if the Committee is
satisfied that, by reason of the person’s conduct, or a physical or mental
disability, the person is, either permanently or for the time being, not a fit
person to drive a public service vehicle of the type specified on the badge.
(2) If the Committee revokes or suspends the
authority given by a badge the holder of the badge must return the badge to the
Committee as soon as practicable.
(3) A person who fails to comply with paragraph
(2) shall be guilty of an offence and is liable to a fine not exceeding level 3
on the standard scale.
(4) The holder of a badge may appeal to the
Royal Court against a decision by the Committee to revoke or suspend the
authority given by the badge.
(5) Notice of the appeal must be lodged with
the Royal Court within 29 days of notice of the revocation or suspension being
given to the holder of the badge or within such further period as the Court may
allow if it considers it desirable to do so in the interests of justice.
(6) When it determines an appeal the Royal
Court may -
(a) annul or
confirm the decision of the Committee; or
(b) substitute for
that decision any decision the Committee could have made.
(7) The Royal Court may make such orders as it
thinks appropriate, including ancillary orders and orders as to costs.
(8) The Committee must return the badge if the Royal
Court annuls the decision of the Committee.
(9) It must also return the badge at the end of
any period of suspension of the authority given by the badge.
(10) The revocation of the authority given by a
badge does not prejudice the right of the former holder of the badge to apply
at any time for a badge in respect of any type of public service vehicle.”.
Article 33
repealed and replaced
6. For Article 33 of the Law there shall be substituted the following Article -
“ARTICLE 33
Appeal against refusal to issue badge
(1) If the
Inspector refuses to issue a badge the applicant may, within 29 days of being
informed of the refusal, apply to the Committee for an order requiring the
Inspector to issue the badge requested.
(2) If the Committee refuses to give an order
under paragraph (1) the person requesting the order may apply to the Royal
Court for an order requiring the Inspector to issue the badge requested.
(3) Notice of the application must be lodged
with the Royal Court within 29 days of notice of the refusal by the Committee being
given to the person or within such further period as the Court may allow if it
considers it desirable to do so in the interests of justice.
(4) When it determines an application the Royal
Court may -
(a) confirm the
decision of the Committee not to require the Inspector to issue the badge; or
(b) order the
Inspector to issue the badge.
(5) The Royal Court may make such orders as it
thinks appropriate, including ancillary orders and orders as to costs.
(6) The Inspector
shall comply with an order given under paragraph (1) or (4)(b).”.
Articles
37 and 38 repealed and replaced
7. For Articles 37 and 38 of the Law there shall be substituted the following Articles -
“ARTICLE 37
Provisions
in respect of public service vehicles generally
(1) The Committee may by Order make provisions
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(a) as to the
conduct of passengers in public service vehicles; and
(b) as to the
conduct of the holders of badges when driving or in charge of public service
vehicles.
(2) A Committee of the States may establish
stands for public service vehicles of any class or description on property
under its administration.
(3) The Public Services Committee may, with the
approval of the Constable of the Parish, establish stands for public service
vehicles of any class or description on property under the administration of
the Parish.
(4) The Committee may publish for the guidance
of owners and drivers of public service vehicles codes of conduct relating to
the operation of public service vehicles.
(5) It shall not be an offence for a person to
fail to comply with a provision of a code of conduct but any non-compliance
shall be taken into account by the Committee when considering the possible
revocation, suspension or renewal of a public service vehicle licence or a
badge.
ARTICLE 38
Committee
to ensure adequate cab service
(1) Except as provided by paragraph (4), it is
the duty of the Committee to prescribe by Order such matters as it is necessary
or convenient to prescribe to ensure that, insofar as it is practicable to do
so, there is an adequate, efficient and reasonably priced cab service available
throughout the Island at all times.
(2) The Committee may, in particular, prescribe
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(a) the design and
type of vehicles that may or may not be used as cabs;
(b) the manner in
which drivers of cabs must or must not be dressed;
(c) the equipment
that must be provided in cabs, including communication equipment and meters,
and the manner in which the equipment or meters must or must not be operated;
(d) the signs,
advertisements and other material that must or must not, or may be displayed on
or in cabs and the manner in which it must or must not, or may be displayed;
(e) the places
where and the manner in which cabs may or may not wait or ply for hire;
(f) the cabs that
may or may not use any particular stand established by a Committee of the
States in accordance with Article 37 for use by cabs, and the manner and
conditions of that use.
(3) An Order made under paragraph (1) may
provide for a matter specified in the Order to be determined by the Committee
or by a person appointed by the Committee.
(4) The Public Services Committee may prescribe
the fares and charges payable for the hire of cabs.”.
Long Title
repealed and replaced
8.-(1) For
the Long Title of the Law there shall be substituted the following Long Title -
“A LAW to provide for the regulation of public
service vehicles; sanctioned by Order of Her Majesty in Council of the 25th
October 1935.”.
(2) The following words that appear before the
words of enactment of the Law shall be omitted12 -
“CONSIDERANT qu’il y a lieu de réglementer
la circulation automobile dans cette Ile;”.
Repeal
9. The following enactments are repealed
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(a) Public
Rank Taxis (Jersey) Regulations 1956;
(b) Public
Rank Taxis (Amendment) (Jersey) Regulations 1956;
(c) Public
Rank Taxis (Amendment No. 4) (Jersey) Regulations 1966;
(d) Public
Rank Taxis (Amendment No. 13) (Jersey) Regulations 1978;
(e) Public
Service Vehicles (Drivers’ Badges) (Jersey) Regulations 1979;
(f) Public
Service Vehicles (Fees) (Jersey) Regulations 1991;
(g) Public
Service Vehicles (Fees) (Amendment) (Jersey) Regulations 1992;
(h) Public
Service Vehicles (Fees) (Amendment No. 2) (Jersey) Regulations 1992;
(i) Public
Service Vehicles (Fees) (Amendment No. 4) (Jersey) Regulations 1994;
(j) Public
Service Vehicles (Fees) (Amendment No. 12) (Jersey) Regulations 2001;
(k) Motor
Traffic (Experimental Routes) (Designation) (Jersey) Order 1988;
(l) Motor
Traffic (Experimental Routes) (General Provisions) (Jersey) Order 1988;
(m) Motor
Traffic (Road Services Licences) (Jersey) Order 1965;
(n) Motor
Traffic (Road Services Licences) (Amendment) (Jersey) Order 1983.
Citation and commencement
10. These Regulations may be cited as the Motor
Traffic (No. 9) (Jersey) Regulations 2002 and shall come into force on the
seventh day after promulgation.
A.H.
HARRIS
Deputy Greffier of the
States.