Road Traffic (No. 62) (Jersey) Regulations 2015
Made 17th November 2015
Coming into force 24th
November 2015
THE STATES, in pursuance of Order in Council of 26th December 1851[1] and Article 92 of the Road
Traffic (Jersey) Law 1956[2], have made the following
Regulations –
1 Amendment of the Road Traffic (Jersey) Law 1956
The Road Traffic (Jersey) Law 1956[3] is amended in accordance
with these Regulations.
2 Article 22
amended
In Article 22, after paragraph (4) there shall be added
the following paragraph –
“(5) A person convicted of a
motoring offence under this Article shall, without limiting the power of the
court to order a longer period of disqualification and unless the court for any
special reason thinks fit to order otherwise, be disqualified for a period of 12 months
for holding or obtaining a licence.”.
3 Article 23A
inserted
After Article 23 there shall be inserted the following Article –
“23A Causing
serious injury by dangerous driving
(1) A person who causes serious injury to
another person by driving a motor vehicle dangerously on a road or other public
place is guilty of an offence.
(2) A person guilty of an offence under this
Article is liable to imprisonment for a term of 5 years and to a fine.
(3) Particulars of any conviction for an offence
under this Article must be endorsed on any licence held by the person
convicted.
(4) A person convicted of an offence under this
Article shall, without limiting the power of the court to order a longer period
of disqualification and unless the court for any special reason thinks fit to
order otherwise, be disqualified for a period of 2 years for holding or obtaining
a licence.”.
4 Article 24
amended
In Article 24, in its heading and in paragraphs (1) and
(3) for the words “Articles 22 and 23” there shall be
substituted the words “Articles 22, 23 and 23A”.
5 Article 25
amended
In Article 25(2) for the words “not exceeding
£1,000” there shall be substituted the words “of level 4
on the standard scale”.
6 Article 25A
inserted
After Article 25 there shall be inserted the following Article –
“25A Causing
death by careless driving
(1) A person who causes the death of another
person by driving a motor vehicle on a road or other public place without due
care and attention, or without reasonable consideration for other persons using
the road or place, is guilty of an offence.
(2) A person guilty of an offence under this
Article is liable to imprisonment for a term of 5 years and to a fine.
(3) Particulars of any conviction for an offence
under this Article must be endorsed on any licence held by the person
convicted.
(4) A person convicted of an offence under this
Article shall, without limiting the power of the court to order a longer period
of disqualification and unless the court for any special reason thinks fit to
order otherwise, be disqualified for a period of 12 months for holding or
obtaining a licence.”.
7 Article 26
amended
In Article 26 –
(a) in paragraph (5) for the words
“12 months” there shall be substituted the words
“2 years”;
(b) in paragraph (6) for the words “Article 27”
there shall be substituted the words “Article 26B, 27”.
8 Articles 26A,
26B and 26C inserted
After Article 26 there shall be inserted the following Articles –
“26A Causing
serious injury by careless driving
(1) A person who causes serious injury to
another person by driving a motor vehicle on a road or other public place
without due care and attention, or without reasonable consideration for other
persons using the road or place, is guilty of an offence.
(2) A person guilty of an offence under this
Article is liable to imprisonment for a term of 2 years and to a fine.
(3) Particulars of any conviction for an offence
under this Article must be endorsed on any licence held by the person
convicted.
(4) A person convicted of an offence under this
Article shall, without limiting the power of the court to order a longer period
of disqualification and unless the court for any special reason thinks fit to
order otherwise, be disqualified for a period of 12 months for holding or
obtaining a licence.
26B Causing
serious injury by careless driving when under the influence of drink or drugs
(1) A person who causes serious injury to
another person by driving a motor vehicle on a road or other public place
without due care and attention or without reasonable consideration for other
persons using the road or place and –
(a) the person is, at
the time when driving, unfit to drive through drink or drugs;
(b) the person has
consumed so much alcohol that the proportion of it in his or her breath, blood
or urine at that time exceeds the prescribed limit;
(c) the person is, within 18 hours after
that time, required to provide a specimen under Article 30, but, without
reasonable excuse, fails to provide it; or
(d) the person is required by a police officer
to give permission for a laboratory test of a specimen of blood taken from the
person under Article 30A, but without reasonable excuse fails to do so,
is guilty of an offence.
(2) For the purposes of this Article, a person
is taken to be unfit to drive if his or her ability to drive properly is for
the time being impaired.
(3) A person guilty of an offence under this
Article is liable to imprisonment for a term of 4 years and to a fine.
(4) Particulars of any conviction for an offence
under this Article must be endorsed on any licence held by the person
convicted.
(5) A person convicted of an offence under this
Article shall, without limiting to the power of the court to order a longer
period of disqualification and, unless the court shall for any special reason
think fit to order otherwise, in the case of a first offence, be disqualified
for a period of 2 years and in the case of a second or subsequent offence
committed within 10 years of the last such offence, for a period of
3 years, for holding or obtaining a licence.
(6) In paragraph (5) “offence”
means an offence under this Article or under Article 26, 27, 28, 30 or
30B.
26C Meaning
of ‘serious injury’
In Articles 23A, 26A and
26B “serious injury” means an injury that –
(a) requires hospitalization
for more than 48 hours, commencing within 7 days from the date the
injury was received;
(b) results in a
fracture of any bone (except simple fractures of fingers, toes or nose);
(c) involves lacerations
which cause severe haemorrhage, nerve, muscle or tendon damage;
(d) involves injury to
any internal organ; or
(e) involves second or
third degree burns, or any burns affecting more than 5 per cent of the
body surface.”.
9 Article 27
amended
In Article 27 –
(a) in paragraph (2)
for the words after “liable to” to the end of the paragraph there
shall be substituted the words “imprisonment for a term of 12 months
and to a fine of level 4 on the standard scale”;
(b) in paragraph (6) after the words “Article 26,”
there shall be inserted the word “26B,”.
10 Article 36
amended
(1) In Article 36(1),
for the table there shall be substituted the following table –
|
Offence charged
|
Alternative
|
|
causing death by dangerous driving (Article 23)
|
dangerous driving (Article 22)
|
|
causing death by careless driving (Article 25A)
|
|
careless driving (Article 25)
|
|
causing serious injury by dangerous driving (Article 23A)
|
dangerous driving (Article 22)
|
|
careless driving (Article 25)
|
|
causing serious injury by careless driving (Article 26A)
|
|
dangerous driving (Article 22)
|
careless driving (Article 25)
|
|
causing death by careless driving when under influence of drink or
drugs (Article 26)
|
careless driving (Article 25)
|
|
causing death by careless driving (Article 25A)
|
|
driving when under influence of drink or drugs (Article 27)
|
|
driving with alcohol concentration above prescribed limit
(Article 28)
|
|
failing to provide a specimen for analysis or laboratory tests
(Article 30(7))
|
|
failing to give permission for a laboratory test of a specimen
(Article 30B)
|
|
causing death by careless driving (Article 25A)
|
careless driving (Article 25)
|
|
causing serious injury by careless driving (Article 26A)
|
careless driving (Article 25)
|
|
causing serious injury by careless driving when under influence of
drink or drugs (Article 26B)
|
careless driving (Article 25)
|
|
driving when under influence of drink or drugs (Article 27)
|
|
driving with alcohol concentration above prescribed limit
(Article 28)
|
|
failing to provide a specimen for analysis or laboratory tests
(Article 30(7))
|
|
failing to give permission for a laboratory test of a specimen
(Article 30B)
|
|
driving when under influence of drink or drugs (Article 27)
|
being in charge of a motor vehicle when under influence of drink
or drugs (Article 27)
|
|
driving or attempting to drive with alcohol concentration above
prescribed limit (Article 28(1)(a))
|
being in charge of a motor vehicle when under influence of drink
or drugs (Article 27)
|
(2) In Article 36(2)
after the words “Article 26” there shall be inserted the words
“or Article 26B”.
11 Citation
and commencement
(1) These
Regulations may be cited as the Road Traffic (No. 62) (Jersey) Regulations 2015
and shall come in force 7 days after they are made.
(2) These
Regulations shall not have effect in relation to any offence committed before
the day on which they come into force.
l.-m. hart
Deputy Greffier of the States