Motor Vehicles
(Removal from Private Land) (Jersey) Regulations 2019
1 Interpretation
(1) In these Regulations –
“authorised person” means –
(a) the owner of private land (“landowner”) or a person
authorised in writing by the owner of that private land to restrict the use or
otherwise control the presence of motor vehicles on that land; and
(b) in relation to a motor vehicle which is on any Ports of Jersey land,
also means –
(i) the Harbour
Master, or
(ii) the
Airport Director;
“custodian” in relation to a motor vehicle means –
(a) the
designated motor vehicle removal operator responsible for the removal of a
motor vehicle from private land and any person acting in the capacity of the motor
vehicle removal operator’s agent; and
(b) in
the case of a motor vehicle that remains on private land, the authorised person
in relation to that land and any person acting in the capacity of the authorised
person’s agent;
“designated motor vehicle removal operator” means a
person, registered under Regulation 7 (or exempt from registration), who
the landowner designates as the person responsible for the removal, safe
custody or storage of a motor vehicle removed from that landowner’s
private land under these Regulations (and, for the avoidance of doubt the
landowner may be the designated motor vehicle removal operator in relation to
the landowner’s land);
“parking place” means a place allocated for the parking
of a motor vehicle or a motor vehicle of any class or description;
“Ports of Jersey land” means –
(a) land
owned by Ports of Jersey Ltd (being the company established under Article 3
of the Air and Sea Ports (Incorporation) Jersey Law 2015); and
(b) any
other land that is leased to or otherwise managed by Ports of Jersey Ltd;
“public land” has the same meaning as in the Road Traffic (Jersey) Law 1956;
(2) For the purpose of
these Regulations, a motor vehicle that has broken down and has remained at
rest for any period in any position on private land is to be treated as if it
had been permitted to remain at rest in that position throughout that period.
2 Immobilization,
interference etc. of motor vehicles prohibited
(1) A person commits an
offence if the person, without lawful authority and with the intention of
preventing or inhibiting the removal of a motor vehicle by a person otherwise
entitled to remove it –
(a) immobilizes
the motor vehicle by the attachment to the motor vehicle, or a part of it, of
an immobilization device or the placing of such a device near the motor
vehicle; or
(b) moves,
or restricts the movement of, the motor vehicle by any means.
(2) A person does not
commit an offence under paragraph (1)(b) if –
(a) the
motor vehicle is moved or removed in circumstances permitted under
Regulations 3, 4, 5 or 6; or
(b) in
all the circumstances it was reasonable for the person to move or restrict the
movement of the motor vehicle.
(3) The express or implied
consent (whether or not legally binding) of a person otherwise entitled to
remove the motor vehicle to the immobilisation, movement or restriction
concerned is not lawful authority for the purposes of paragraph (1).
(4) For the purposes of
paragraph (1), where the restriction of the movement of the motor vehicle
is by means of a fixed barrier which was present (whether or not lowered into
place or otherwise restricting movement) when the motor vehicle was placed on
the private land, any express or implied consent (whether or not legally
binding) of the motor vehicle owner to the restriction is lawful authority for
the restriction.
(5) A motor vehicle owner,
or a person who is permitted by the motor vehicle owner to remove a motor
vehicle cannot commit an offence under this Regulation in relation to that
motor vehicle.
(6) A person guilty of an
offence under paragraph (1) is liable on conviction to a fine not
exceeding level 3 on the standard scale.
3 Removal of motor vehicles from private land
(1) Paragraphs (3) to
(12) apply where –
(a) a motor
vehicle has been permitted to remain at rest on, or appears to have been
abandoned on, private land;
(b) the
motor vehicle is not authorised to be on that private land or the authorised person is of
the opinion that the position or condition of the motor vehicle or the
circumstances in which the motor vehicle has been left are such that the motor
vehicle is causing or is likely to cause a nuisance, security risk, danger or
obstruction to another person using the private land;
and
(c) the
requirements of paragraph (2) are satisfied.
(2) The requirements to be
satisfied are –
(a) in a
case where the motor vehicle is on a part of the private land that the
landowner permits to be used as a carpark –
(i) the parking place
in which the motor vehicle has been left is clearly marked as a parking place
that is allocated for use by a particular person or class of person or for the
parking of a particular motor vehicle or class of motor vehicle,
(ii) the
motor vehicle that has been left in the parking place is not authorised to be
left there, and
(iii) there
is a notice that is clearly visible from the parking place that –
(A) indicates
that the parking place is allocated for use by a particular person or class of
person or for the parking of a particular motor vehicle or class of motor
vehicle,
(B) warns
that any motor vehicle that is not authorised to be parked in the parking place
is liable to be removed, and
(C) gives
the telephone number of the custodian of any motor vehicle removed from parking
places on that land;
(b) in a
case where a motor vehicle is on private land in respect of which the
requirements in sub-paragraph (a) are not satisfied, there is a notice
that is clearly visible from each vehicular access point onto the private land
that –
(i) indicates that
the land is private land,
(ii) warns
that any motor vehicle that is found on that land is liable to be removed, and
(iii) gives
the telephone number of the custodian of any motor vehicle removed from that
land; or
(c) the
motor vehicle is on land that is not laid with gravel, tar macadam, wood,
concrete or other solid foundation (whether or not there is displayed on or
near that land a notice containing the information described in sub-paragraph (a)(iii)
or (b).
(3) For the purposes of
paragraph (2)(a), where a motor vehicle is parked in an area used as a
carpark which has a clearly defined entrance and exit for motor vehicles (and
whether or not access through that entrance or exit is controlled by a barrier),
the requirements described in paragraph (2)(a)(i) and (iii) are satisfied
if there is placed at each such entrance and exit a notice with the information
described in paragraph (2)(a)(iii).
(4) If the motor vehicle
owner is present with a motor vehicle in respect of which paragraph (2)(a),
(b) or (c) applies, the authorised person may require the motor vehicle owner
immediately, or within such period as the authorised person may specify, to –
(a) move
the motor vehicle, or cause it to be moved to such other part of the private
land, as the authorised person may specify; or
(b) remove
the motor vehicle or cause it to be removed from the private land.
(5) The authorised person,
when requiring a motor vehicle to be moved or removed under paragraph (4),
must, upon request of the motor vehicle owner, show the motor vehicle owner his
or her authorization or, in the case of the authorised person being the
landowner, must inform the motor vehicle owner of that fact.
(6) If –
(a) a motor
vehicle owner fails to move or remove the motor vehicle or cause it to be moved
or removed as reasonably required by an authorised person under paragraph (4);
(b) a
police officer is present (or, in a case where the motor vehicle is on Ports of
Jersey land, a police officer or the Airport Director or Harbour Master is
present); and
(c) that police
officer, Airport Director or Harbour Master, as the case may be, is satisfied
that the authorised person has complied with paragraph (5),
the police officer, Airport Director or Harbour Master, as the case
may be, may permit the authorised person to take such steps as are reasonably
required to move the motor vehicle to another part of the private land or
remove it from the private land.
(7) Where a motor vehicle
owner in respect of which paragraph (2)(a), (b) or (c) applies is not
present with the motor vehicle, an authorised person may take such steps as are
reasonably required to –
(a) move
the motor vehicle to another part of the private land; or
(b) remove
the motor vehicle from the private land.
(8) A motor vehicle must
not be moved or removed from the private land under this Regulation other
than by a designated motor vehicle removal operator.
(9) Despite paragraphs (6),
(7) and (8), a police officer may remove a motor vehicle or cause a motor
vehicle to be removed from the private land, (and in the case of a motor
vehicle being on Ports of Jersey land, a police officer or the Airport Director
or Harbour Master may remove a motor vehicle, or cause a motor vehicle to be
removed, from Ports of Jersey land) that the motor vehicle owner fails to move
or remove under paragraph (4) and if the motor vehicle is removed by a
police officer he or she must as soon as reasonably practicable, give custody
of the motor vehicle to the designated motor vehicle removal operator in
relation to the land from which it was removed.
(10) A person moving or removing a
motor vehicle under this Regulation –
(a) may
take such measures in relation to the motor vehicle as he or she thinks
reasonably necessary to enable him or her to move or remove it and provide safe
custody of it; and
(b) must
notify as soon as reasonably practicable a police officer (if a police officer
is not the person moving or removing it) or the parochial authority in which
the motor vehicle has been moved or removed and, in the case where it has been
removed from the land, the place to which it has been moved.
(11) Where a motor vehicle is
taken into custody under this Regulation –
(a) any
expenses reasonably incurred by the custodian in connection with his or her
removal or custody of the motor vehicle, is recoverable as a civil debt from
the motor vehicle owner; and
(b) the
motor vehicle may be retained by the custodian until the motor vehicle owner
has paid any expenses referred to in sub-paragraph (a).
(12) A person who moves or removes
a motor vehicle in contravention of this Regulation commits an offence and is
liable on conviction to a fine not exceeding level 3 on the standard
scale.
4 Removal
of motor vehicles from private land when Regulation 3(2)(a), (b)
or (c) requirements not satisfied
(1) Paragraphs (2) to
(9) apply where –
(a) a motor
vehicle been permitted to remain at rest on, or appears to have been abandoned
on, private land;
(b) the
motor vehicle is not authorised to be on that private land or the authorised person is of
the opinion that the position or condition of the motor vehicle or the
circumstances in which the motor vehicle has been left are such that the motor
vehicle is causing or is likely to cause a nuisance, security risk, danger or
obstruction to another person using the private land;
and
(c) the
requirements of Regulation 3(2)(a), (b) or (c) are not satisfied.
(2) If the motor vehicle
owner is present with a motor vehicle in the circumstances described in
paragraph (1), the authorised person may require the motor vehicle owner,
immediately or within such period as the authorised person specifies, to –
(a) move
the motor vehicle, or cause it to be moved to another part of the private land
specified by the authorised person; or
(b) remove
the motor vehicle or cause it to be removed from the private land.
(3) If a motor vehicle
owner fails to move or remove the motor vehicle or cause it to be moved or
removed as reasonably required by the authorised person under paragraph (2),
a police officer may –
(a) order
the motor vehicle owner to remove the motor vehicle immediately or within such
period as the authorised person may specify;
(b) give
custody of the motor vehicle to the custodian; or
(c) take
custody of the motor vehicle and arrange for its removal and safe custody.
(4) Subject to paragraph (5),
where the motor vehicle owner is not present with the motor vehicle, the authorised
person –
(a) must
not move the motor vehicle or remove it from the private land; and
(b) must
not cause it to be moved, or removed from the private land,
except as otherwise permitted by Regulation 5.
(5) Where an authorised
person is of the opinion that the position or condition of the motor vehicle or
the circumstances in which the motor vehicle has been left are such that the motor
vehicle is causing or is likely to cause a security risk, danger or obstruction
to another person using the private land, the authorised person may request a
police officer or an officer of the parochial authority in which the private land
is situated to –
(a) immediately
move the motor vehicle, or cause it to be moved to another part of the private
land where it will not cause a security risk, danger or obstruction to another
person using that land; or
(b) immediately
remove the motor vehicle or cause it to be removed from the private land and
take custody of it,
and if the police officer or officer of the parochial authority
agrees that the motor vehicle is causing or is likely to cause a security risk,
danger or obstruction to another person using the private land, the police
officer or officer of the parochial authority, as the case may be, must take
such action as he or she considers necessary to move or remove the motor
vehicle so that it no longer causes that security risk, danger or obstruction.
(6) A person who moves or
removes a motor vehicle in contravention of paragraph (4) commits an
offence and is liable on conviction to a fine not exceeding level 3 on the
standard scale.
(7) Subject to paragraph (8),
where a motor vehicle is moved or removed and taken into custody under this Regulation –
(a) the custodian may take such measures in
relation to the motor vehicle as he or she thinks reasonably necessary to
enable him or her to move or remove it and provide safe custody of it;
(b) the
custodian must notify as soon as reasonably practicable a police officer or the
parochial authority in which the motor vehicle has been moved or removed and,
in the case where it has been removed from the land, the place to which it has
been moved;
(c) any
expenses reasonably incurred by the authorised person or custodian in connection
with his or her removal or custody of the motor vehicle, is recoverable as a
civil debt from the motor vehicle owner; and
(d) the
motor vehicle may be retained by the custodian until the motor vehicle owner
has paid any expenses referred to in sub-paragraph (a).
(8) In
a case where the motor vehicle has been taken into the custody of a police
officer or an officer of a parochial authority, the Road
Traffic (Removal of Vehicles) (Jersey) Order 1963 is to apply as if the motor vehicle had been removed from a road in
accordance with that Order.
(9) A
person who fails to comply with paragraph (7)(b) commits an offence and is
liable on conviction to a fine not exceeding level 1 on the standard
scale.
5 Disposal of motor vehicles
removed from private land
(1) A motor vehicle that
has been removed from private land must be kept by the custodian and must not
be disposed of other than in accordance with this Regulation.
(2) A motor vehicle that
under Regulation 4(4) must not be removed from the private land (subject
to Regulation 4(5)) must not be disposed of other than in accordance with
this Regulation.
(3) If, in the opinion of
the custodian of a motor vehicle, the motor vehicle appears by virtue of its
condition to have been permanently abandoned, the custodian may request
permission from the parochial authority in which the motor vehicle has been
moved or removed to dispose of the motor vehicle without taking the measures
described in paragraphs (5) to (11).
(4) Where a parochial
authority refuses permission under paragraph (3) and where a custodian
does not know the name and address of the motor vehicle owner, if the motor
vehicle carries a registration mark assigned under the Motor Vehicle Registration (Jersey) Law 1993 the custodian may request a
parochial authority to give to the custodian the name and address of the person
recorded in the register as the motor vehicle owner.
(5) Upon request made under
paragraph (4), the parochial authority –
(a) may
give to the custodian the information requested and such other particulars
recorded in the register as are, in the opinion of the parochial authority,
relevant to the circumstances in which the request has
been made; or
(b) may
refuse to give the custodian the information requested.
(6) If the custodian is provided
with or otherwise knows the name and address of the person recorded in the
register as the motor vehicle owner, the custodian must serve a notice on the
person believed to be the motor vehicle owner, stating the information
described in paragraph (8).
(7) The parochial
authority, if it refuses to give the custodian the information requested under paragraph (3),
must serve a notice on the person believed to be the motor vehicle owner,
stating the information described in paragraph (8).
(8) The information that
must be stated in a notice under paragraph (6) or (7) is the following –
(a) a
sufficient description of the motor vehicle for it to be identified;
(b) the
location of the motor vehicle and, in the case where it has been removed, the location
from which it was removed;
(c) that
it is the intention of the custodian to sell or otherwise dispose of the motor
vehicle on or after a date specified in the notice, being not less than
3 weeks from the date of the notice;
(d) that
the custodian may recover from the motor vehicle owner the costs incurred in
the removal and storage of the motor vehicle;
(e) the
telephone number of the person who the motor vehicle owner should contact for
the purpose of recovering the motor vehicle; and
(f) any
other information that the custodian may consider to be relevant.
(9) If a person to whom a
notice is sent under paragraph (6) or (7) informs the custodian or the
parochial authority who served the notice of the name and address of some other
person who he or she alleges may be the motor vehicle owner, the custodian or
parochial authority, as the case may be, may send a notice with the particulars
contained in that paragraph to that other person and to any further person
who the custodian or parochial authority may, in consequence of the sending of
the notice to the said other person, be led to believe may be the motor vehicle
owner.
(10) If the custodian or parochial
authority does not know the name and address of the motor vehicle owner or has
otherwise been unsuccessful in serving a notice with the particulars described
in paragraph (8)(a) to (f) on the motor vehicle owner, the
custodian must insert a notice in the Jersey Gazette stating that it is the
intention of the custodian to sell or otherwise dispose of the motor vehicle
(which must be sufficiently described in the notice) on or after a specified
date, being not less than 3 weeks from the date of the notice.
(11) The motor vehicle may not be
disposed of except where it appears that it has been permanently abandoned, and
it is deemed to have been permanently abandoned –
(a) if
the parochial authority permits the custodian to dispose of the motor vehicle
without taking the measures described in paragraphs (5) to (11);
(b) if
the motor vehicle owner has failed to claim it before the end of the period of 3 weeks
beginning with the date of service of the notice on the motor vehicle owner; or
(c) if a
notice has not been served on the motor vehicle owner, if the motor vehicle
owner has failed to claim it before the end of the period of 3 weeks
beginning with the date the notice is placed in the Jersey Gazette under paragraph (10).
(12) A custodian may dispose of a
motor vehicle that has been permanently abandoned.
(13) A custodian who disposes of a
motor vehicle under this Regulation must –
(a) notify
a police officer or a parochial authority of its disposal; and
(b) notify
the Inspector of Motor Traffic of its disposal.
(14) On the disposal of a motor
vehicle by a custodian, the custodian may apply the proceeds of its disposal in
or towards the satisfaction of any reasonable costs incurred by it in
connection with the removal, storage and disposal of the motor vehicle.
(15) In the event of any costs
incurred by the custodian in connection with the disposal of a motor vehicle
not being satisfied under paragraph (11), the custodian may recover the
costs so far as not satisfied as a civil debt from the person who was the last
owner of the motor vehicle on or before the date it was removed from the
private land, or, in a case where it was not removed, on the date on which it
is disposed of under this Regulation.
(16) After deducting the sum
recoverable under paragraph (15), the balance (if any) of the proceeds of
sale are payable within a period of one year from the date of the sale to any
person to whom, but for such sale, the motor vehicle would have belonged and,
in so far as any such balance is not claimed within the said period, it must be
credited to the States.
(17) The landowner must keep for
not less than one year the original or copy of all records in connection with
actions taken by the authorised person or custodian in respect of a motor
vehicle under these Regulations.
(18) A person who disposes of a motor
vehicle in contravention of paragraph (1) or (2) commits an offence and is
liable on conviction to a fine not exceeding level 3 on the standard
scale.
(19) A person who fails to comply
with paragraph (13) or (17) commits an offence and is liable on
conviction to a fine not exceeding level 1 on the standard scale.
6 Nuisance motor vehicles
(1) This
Regulation applies where a motor vehicle is permitted to remain on private land
in a manner which the authorised person considers constitutes a nuisance.
(2) Where
the authorised person of the private land does not know the name and address of
the motor vehicle owner, if the motor vehicle carries a registration mark
assigned under the Motor
Vehicle Registration (Jersey) Law 1993 the authorised person may request a parochial authority to give to
the authorised person the name and address of the person recorded in the
register as the motor vehicle owner.
(3) Upon
request made under paragraph (2), the parochial authority –
(a) may give
to the authorised person the information requested and such other particulars recorded in the register as are, in the
opinion of the parochial authority, relevant to the circumstances in which the request has been made; or
(b) may
refuse to give the authorised person the information requested.
(4) If
the authorised person is provided with or otherwise knows the name and address
of the person recorded in the register as the motor vehicle owner, the
authorised person must serve a notice on the person believed to be the motor
vehicle owner, stating the information described in paragraph (6).
(5) The
parochial authority, if it refuses to give the authorised person the
information requested, must serve a notice on the person believed to be the
motor vehicle owner, stating the information described in paragraph (6).
(6) The
authorised person must send a notice to the person believed to be the motor
vehicle owner which contains –
(a) a
sufficient description of the motor vehicle for it to be identified;
(b) the name
and means of contact of the authorised person;
(c) the
location at which the authorised person alleges the motor vehicle has been
permitted to remain and the reason for the authorised person considering that
the manner in which the motor vehicle is left or parked constitutes a nuisance;
(d) a
warning that if the motor vehicle is found to be parked or left on the private
land in future that an application may be made to the Magistrate’s Court
for an order –
(i) consenting to a
charge not exceeding £500 being imposed by the landowner upon the motor
vehicle owner, or
(ii) for
the motor vehicle owner to desist parking or leaving the motor vehicle on the
land or permitting the motor vehicle to be parked or left on that land;
(e) a
statement to the effect that the motor vehicle owner may be heard and provide
evidence to the Magistrate’s Court not later than 21 days after the
date of notice before an order is made by the Magistrate’s Court; and
(f) any
other information that the authorised person considers to be relevant.
(7) If
a person to whom a notice is sent under paragraph (6) informs the authorised
person of the name and address of some other person who he or she alleges may
be the motor vehicle owner, the authorised person may send a notice with the
particulars contained in that paragraph to that other person and to any further
person who the authorised person may, in consequence of the sending of the
notice to the said other person, be led to believe may be the motor vehicle
owner.
(8) The
Magistrate, upon application of the authorised person, must make no order
unless he or she is satisfied that –
(a) the
authorised person has served a notice on the motor vehicle owner containing the
matters described in paragraph (6)(a) to (f);
(b) the
position of the car constitutes a nuisance; and
(c) at
least 21 days from the giving of the notice has passed.
(9) Subject
to paragraph (10), the Magistrate may make an order –
(a) consenting
to the authorised person imposing such charge upon the motor vehicle owner that
the Magistrate may specify (not exceeding £500); or
(b) that
the motor vehicle owner desist from parking or leaving the motor vehicle on the
land or permitting the motor vehicle to be parked or left on the land.
(10) Where
the Magistrate makes an order under paragraph (9), the motor vehicle owner
may, within the period of 7 days from the date of the order, appeal
against the order to the Royal Court, and, until the expiration of that period,
or until the determination of the appeal, as the case may require, an order
under paragraph (9)(b) has effect.
(11) On
any appeal under paragraph (10) the Royal Court may –
(a) confirm,
reverse or vary the decision of the Magistrate’s Court;
(b) remit
the matter with its opinion on the matter to the Magistrate’s Court; or
(c) make
such other order in the matter as it thinks just, and may by such order exercise
any power which the Magistrate’s Court might have exercised, and any
order so made has the like effect and may be enforced in like manner as if it
had been made by the Magistrate’s Court.
(12) Where
an authorised person imposes a charge under this Regulation, the charge and any
expenses reasonably incurred by the authorised person is recoverable as a civil
debt from the motor vehicle owner.
7 Register
of motor vehicle removal operators
(1) The
Minister must maintain and publish a register of registered motor vehicle
removal operators.
(2) The
Minister –
(a) may
exempt a person or class of persons operating as motor vehicle removal operators
from the requirement to be registered under paragraph (1); and
(b) must
publish a list of any person or classes of persons operating as motor vehicle
removal operators who are exempt from the requirement to register under
paragraph (1).
(3) The
information to be entered in the register in respect of a motor vehicle removal
operator is –
(a) the
full name, address and telephone number of the motor vehicle removal operator;
(b) the
nature of the work for which the motor vehicle removal operator is registered;
(c) each
premises under the responsibility of that motor vehicle removal operator at
which any motor vehicle removed by that motor vehicle removal operator is to be
kept; and
(d) the
methods by which any person seeking the release of a motor vehicle from those
premises may contact the person able to authorise that release.
(4) A
person commits an offence if the person removes a motor vehicle from private
land pursuant to these Regulations when the person –
(a) is
not registered under paragraph (1); and
(b) is
not exempt from registration under paragraph (2)(a).
(5) A
person guilty of an offence under paragraph (4) is liable on conviction to
a fine not exceeding level 3 on the standard scale.
8 Application
for registration as a motor vehicle removal operator
(1) An
application for registration as a motor vehicle removal operator
must –
(a) be in
the form published by the Minister for that purpose;
(b) be
accompanied by such information as the Minister may require;
(c) be
accompanied by such documentary evidence as may be specified by the Minister as
being necessary to substantiate the information;
(d) be
accompanied by such fee as may be prescribed.
(2) Subject
to paragraph (5), if upon receipt of an application under paragraph (1),
the Minister is satisfied that –
(a) the
applicant has sufficiently secure premises to store any motor vehicle removed
from private land;
(b) the
applicant has a vehicle that is suitable for the safe removal of a vehicle from
private land; and
(c) the
applicant, if registered will have adequate insurance against any loss or
damage to a motor vehicle removed by the applicant,
the Minister must register
the applicant and provide him or her with a certificate of registration.
(3) The
Minister may –
(a) publish
guidance or standard conditions that apply to any person registered under this
Regulation;
(b) attach
such conditions as he or she thinks fit to the registration of any person; and
(c) may
at any time vary such conditions.
(4) The
Minister may refuse to grant an application for registration or, where
registration has been granted, may cancel the registration, if –
(a) on
the occasion of the application or, as the case may be at any time when
requested to do so by the Minister during the currency of the registration, the
applicant or the registered person –
(i) has not furnished
to the Minister such information relating to himself or herself and to any
circumstances likely to affect his or her method of operating as a motor
vehicle removal operator as may be required, or
(ii) has
provided information that is false or misleading in that regard;
(b) the
applicant or the registered person or any person employed by, or associated
with, the applicant or that person for the purposes of operating as a motor
vehicle removal operator is no longer able to satisfy the Minister of the
matters described in paragraph (2)(a), (b) or (c);
(c) it
appears to the Minister that, by reason of the applicant or the registered
person, or any person employed by, or associated with, the applicant or the
registered person for the purposes of his or her operating as a motor vehicle
removal operator, having been convicted of an offence is no longer a fit and
proper person to be registered; or
(d) the
registered person requests the cancellation of his or her registration,
provided that the registration must not be cancelled until 7 days have
passed following such a request.
(5) Where
the Minister intends to refuse an application for registration, grant such
registration subject to conditions under paragraph (3) or cancel such
registration under paragraph (4), he or she must give the person concerned
written notice of –
(a) the Minister’s
intention to do so and the reasons for so doing; and
(b) the
person’s right to be heard in person or by a representative if he or she
informs the Minister in writing of his or her desire to do so within
14 days of the notice.
(6) If
the Minister, after having given the person concerned an opportunity to be
heard, decides to refuse the application, imposes conditions or cancels the
registration, the Minister must deliver to the person written particulars of
the reasons for his or her decision and the person’s right of appeal.
(7) A
person aggrieved by such decision of the Minister may, within 14 days from
the date on which the person is notified of it under paragraph (8) appeal
to the Inferior Number of the Royal Court and, on an appeal under this
paragraph, the court may confirm, reverse or vary the Minister’s
decision.
(8) Subject
to paragraph (11), where the Minister has cancelled the registration of
any person such cancellation is not to take effect –
(a) until
14 days after the person concerned receives notification of the
cancellation; or
(b) in
the case where the person has appealed under paragraph (7), until the date
on which his or her appeal has been dismissed.
(9) Where
the Minister considers that it is necessary in the public interest for the
cancellation of a registration under this Regulation to have immediate effect,
the Minister may apply to the Bailiff, a Jurat or the Magistrate, who may make
such order.
9 Other powers of police
officers etc.
(1) Nothing
in these Regulations prevents –
(a) a
police officer from moving a motor vehicle on private land, or causing it to be
moved, or removing or causing it to be removed, under any other power vested in
him or her; or
(b) the
Airport Director or Harbour Master from moving or removing a motor vehicle on
Ports of Jersey land under any other power vested in him or her; or
(c) a
firefighter or any member of the Airport Rescue and Firefighting Service from
moving or breaking into a motor vehicle under the powers vested in him or her
by Article 17 of the Fire and
Rescue Service (Jersey) Law 2011.
(2) A
parochial authority or the States of Jersey Police Force may recover any
reasonable costs incurred as a result of taking action under these Regulations
for the purpose of assisting any authorised person or custodian in the moving
or removal of a motor vehicle under these Regulations.
(3) The
costs referred to in paragraph (2) may be recovered from the motor vehicle
owner, or, where any proceeds of the sale of a motor vehicle are sufficient,
from the authorised person or custodian disposing of motor the vehicle.
10 Displaying or serving of notices
(1) For
the avoidance of doubt, a notice displayed on land that meets the requirements
in Regulation 3(2)(a)(iii), (2)(b) or 3(3) must conform with the requirements
of the Planning
and Building (Jersey) Law 2002 or any Order made under Article 76 or 77 of that Law.
(2) A
notice or other document required or authorised by these Regulations to be
given to or served on a person must be given to the person in question or
served on the person in question by sending it by registered post or by
recorded delivery to the person at the person’s proper address.
11 Inspector of Motor Traffic: provision
of information to certain custodians and authorised persons
(1) Despite
anything to the contrary in Regulation 5(3) and 6(2), the Minister may
permit a person to request the Inspector of Motor Traffic to provide, in
relation to any motor vehicle in respect of which the person is a custodian or
authorised person, as the case may be, the name and address of the person
recorded in the register as the motor vehicle owner.
(2) A
person who has permission under paragraph (1) to request the information
contained in the register from the Inspector is not required to comply with
Regulation 5(3) or 6(2).
(3) If
the Inspector of Motor Traffic receives a request from a person who the
Inspector is satisfied has the permission of the Minister to make a request for
that information, the Inspector –
(a) must
provide such information as may be recorded in the register; and
(b) may charge
the custodian or authorised person, as the case may be, for giving any such
information but any charge must not exceed the amount payable by a person under
Article 19 of the Motor
Vehicle Registration (General Provisions) (Jersey) Order 1993.
12 Citation and commencement
These Regulations may be cited as the Motor Vehicles (Removal from
Private Land) (Jersey) Regulations 2019 and come into force immediately
upon the expiry of the Removal of Vehicles (Private Land) (Jersey)
Regulations 2016.