Jersey R&O 178/2001
Road Traffic (Jersey) Law 1956
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ROAD TRAFFIC (No. 52) (JERSEY) REGULATIONS 2001
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(Promulgated on the 8th day
of December 2001)
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STATES OF JERSEY
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The 6th day of December 2001
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THE STATES, in pursuance of the powers conferred on them by the Order in Council
of the twenty-sixth day of December 1851 and Article 49 of the Road Traffic (Jersey)
Law 1956, as amended, have made the following Regulations -
1. For
Article 5 of the Road Traffic (Jersey) Law
1956, as amended, there shall be substituted the following Articles -
“ARTICLE 5
Physical fitness to drive - before grant of licence
(1) An applicant for the grant of a licence
must make a declaration in the prescribed form as to the applicant’s physical
fitness to drive a motor vehicle.
(2) The declaration shall require the applicant
to state whether the applicant is suffering from, or has at any time or during
any specified period suffered from a relevant disease or physical disability.
(3) For the purpose of this Article a disease
or physical disability in respect of an application for a licence is a relevant
disease or physical disability if -
(a) it
is a disease or physical disability prescribed for the purpose of this Article;
or
(b) it
is a disease or disability that is likely to cause the driving by the applicant
of any motor vehicle the applicant would be authorized by the licence to drive
to be a source of danger to the public.
(4) Except as otherwise provided by this
Article, a parochial authority shall refuse to grant a licence if it is
satisfied either from the declaration or on enquiry that the applicant is
suffering from or has suffered from a relevant disease or physical disability.
(5) In the case of a relevant disease or
physical disability prescribed for the purpose of this paragraph, the parochial
authority shall not refuse to grant a licence by virtue of paragraph (4) if the
applicant satisfies any prescribed condition.
(6) Except in the case of a physical disability
prescribed for the purpose of this paragraph, an applicant who as a result of a
physical disability has been refused a licence by virtue of paragraph (4)
may apply to take the prescribed test to prove that he can drive without being
a source of danger to the public each type of motor vehicle he would be
authorized to drive by the licence.
(7) A person who has applied to take the
prescribed test by virtue of paragraph (6) shall, on payment of the prescribed
fee, be permitted to take that test.
(8) A person to whom paragraph (7) applies
shall, on payment of the prescribed fee, be granted a provisional licence for
the purpose of taking the prescribed test and for preparing to do so.
(9) A provisional licence referred to in
paragraph (8) shall, in addition to the prescribed conditions, be granted
subject to such conditions as the licensing authority consider it appropriate
to impose having regard to the nature of the applicant’s physical disability.
(10) If the applicant passes the prescribed test
the parochial authority shall not, by virtue of paragraph (4), refuse to grant
the licence applied for.
(11) However, where the test indicates that the
applicant is not competent to drive vehicles except of a particular
construction or design (which may include an invalid carriage) any licence
granted by virtue of paragraph (10) shall be limited to the driving of those
vehicles.
(12) A person aggrieved by a refusal by a
parochial authority to grant a licence by virtue of a disease or physical
disability, or by any limitation imposed by the parochial authority on a
licence by virtue of paragraph (11) may appeal to the Royal Court after giving the parochial
authority notice of his intention to do so.
(13) On the appeal the Court may make any order it
considers appropriate.
ARTICLE 5A
Physical fitness to drive - after grant of licence
(1) For the purpose of this Article the holder
of a licence is suffering from a relevant disease or physical disability if -
(a) it
is a disease or physical disability prescribed for the purpose of this Article;
or
(b) the
disease or physical disability is likely to cause the driving by him of any
motor vehicle his licence authorizes him to drive to be a source of danger to
the public.
(2) A licence holder shall forthwith notify his
parochial authority in writing if he becomes aware -
(a) that
he is suffering from a relevant disease or physical disability that he has not
previously disclosed to the parochial authority; or
(b) that
a relevant disease or physical disability that he is suffering from or has at
any time suffered from and that he has previously disclosed to the parochial
authority has become more acute or reoccurred.
(3) Article (2) does not apply where -
(a) the
relevant disease or physical disability is not one the holder of the licence
has previously suffered from; and
(b) there
are reasonable grounds for believing that the duration of the disease or
disability will not extend beyond the period of 3 months beginning with the
date on which the holder of the licence first became aware that he was
suffering from it.
(4) A person who fails to comply with paragraph
(2) shall be guilty of an offence and liable to a fine not exceeding
level 2 on the standard scale.
(5) Where a parochial authority in respect of a
parish has reason to suspect (whether by virtue of a notice under
paragraph (2) or otherwise) that the holder of a licence residing in the
parish is suffering from a relevant disease or physical disability the
parochial authority shall serve a written notice in the prescribed form on the
holder of the licence.
(6) The notice shall require the holder of the
licence within 7 days of its service -
(a) to
undergo, at his own expense, a medical examination by a medical practitioner
designated by the parochial authority; or
(b) in
the case of a physical disability, to apply to take the prescribed test.
(7) Where the parochial authority believes it
is in the public interest to do so it may also suspend the validity of the
licence until the results of the medical examination are known or the
prescribed test has been taken, as the case may be.
(8) Where a licence holder is required to take
the prescribed test by virtue of a physical disability a suspension of a
licence under paragraph (7) does not prevent the licence holder from driving a
motor vehicle to the extent that it is necessary to do so for the purpose of
preparing for and taking the prescribed test but any such driving shall be
undertaken subject to such conditions as the licensing authority consider it
appropriate to impose having regard to the nature of the licence holder’s
physical disability.
(9) Except as otherwise provided by this
Article, a parochial authority shall revoke the licence of a person upon whom a
notice has been served in accordance with paragraph (5) if it is satisfied from
the medical examination or the prescribed test that the person is suffering
from a relevant disease or physical disability.
(10) Where the medical examination indicates that
a person is suffering from a relevant disease or physical disability but that
there are reasonable grounds for believing that the duration of the disease or
disability is limited the parochial authority shall not revoke the licence but
shall suspend it or continue its suspension until the parochial authority is
satisfied that the person has ceased to suffer from the disease or disability.
(11) Where the medical examination indicates that
a person is suffering from a relevant disease or physical disability prescribed
for the purpose of this paragraph, the parochial authority shall not revoke the
person’s licence if the person satisfies any prescribed condition.
(12) Where a prescribed test indicates that the
holder of a licence is not competent to drive vehicles except of a particular
construction or design (which may include an invalid carriage) the parochial
authority shall not revoke the licence but shall limit it to the driving of
those vehicles.
(13) The parochial authority shall revoke the
licence of a person upon whom it has served a notice in accordance with
paragraph (5) if the person fails to undergo a medical examination or to apply
to take the prescribed test, as the case may be, within 7 days of the service
of the notice, or, having applied to take the prescribed test, fails to take
it.
(14) The parochial authority may, for good cause,
extend a period of 7 days referred to in paragraph (6) or allow a person a
further period within which to take the prescribed test.
(15) A person aggrieved by the revocation or
suspension of a licence by a parochial authority by virtue of a disease or
physical disability, or by any limitation imposed by the parochial authority on
a licence by virtue of paragraph (11) may appeal to the Royal Court after
giving the parochial authority notice of his intention to do so.
(16) On the appeal the Court may make any order it
considers appropriate.
(17) If a parochial authority revokes, suspends or
amends a licence in accordance with this Article, the holder of the licence
shall forthwith deliver it to that parochial authority.
(18) A person who fails to comply with paragraph
(17) shall be guilty of an offence and liable to a fine not exceeding
level 2 on the standard scale.”.
2. These
Regulations may be cited as the Road Traffic (No. 52) (Jersey) Regulations
2001 and shall come into force on the first day of January 2002.
C.M.
NEWCOMBE
Greffier of the States.