Road Traffic
(Periodic Technical Inspections – General Provisions) (Jersey)
Order 2018
1 Interpretation
In this Order –
“Construction and Use Order” means the Motor Vehicles (Construction and Use) (Jersey) Order 1998;
“examiner” means a person designated as such under
Article 3(1);
“first use” of a vehicle, means the date on which it was
first used, within the meaning given by the Construction and Use Order;
“inspection” means an inspection under Article 78A
of the Law;
“Law” means the Road Traffic (Jersey) Law 1956;
“relevant anniversary” has the meaning given by Article 2(1).
2 Application
of inspection scheme
(1) The “relevant
anniversaries” of a motor vehicle are –
(a) if
the vehicle is a minibus, every anniversary of its first use;
(b) if
the vehicle is a motor cycle or moped, every odd-numbered anniversary of its
first use, other than the first such anniversary; and
(c) if
the vehicle is any other motor vehicle, the date that is 5 years after its
first use, and every third anniversary of that date.
(2) The inspection
scheme –
(a) applies,
subject to paragraph (4) and Article 4, to a motor vehicle on and
after its first relevant anniversary; but
(b) ceases
to apply to that motor vehicle on and from the date that is 40 years after
its first use.
(3) The prior interval
period, for the purpose of Article 78A(3)(b) of the Law, starts
2 months before the most recent prior relevant anniversary of the motor
vehicle.
(4) In determining which is
the first of a motor vehicle’s relevant anniversaries for the purpose of
paragraph (2)(a), a relevant anniversary is to be disregarded
if –
(a) in
the case of a minibus, light motor cycle or moped, it falls before
30th March 2019; or
(b) in
any other case, it falls before 31st March 2028.[1]
(5) On
31st March 2031 –
(a) in
paragraph (2)(a) there is deleted “paragraph (4) and”; and
(b) paragraph
(4) and this paragraph are deleted.[2]
3 Operation
of inspection scheme
(1) Articles 120(2),
(5) and (6) of the Construction and Use Order apply in relation to the
designation of examiners, and to certificates of satisfaction, under this Order,
as they apply in relation to the designation of examiners, and to certificates of
compliance, under that Order.
(2) Article 120(4) of
the Construction and Use Order applies in relation to the functions of
examiners under this Order, as it applies in relation to the functions of
examiners under that Order, and the instructions issued under that Article as
so applied (the “inspection instructions”) must include
instructions as to the locations at which inspections must be carried out and
the equipment that must be used for an inspection, being locations and
equipment provided by the Minister.
(3) An examiner carrying
out an inspection must inspect the vehicle for compliance with the Construction
and Use Order, in accordance with the inspection instructions.
(4) Paragraph (5)
applies if –
(a) a
vehicle is found on an inspection to comply with the Construction and Use
Order, in accordance with the inspection instructions; and
(b) any
fee has been paid, in relation to that inspection, under an Order under Article 78A(5)(e)
of the Law.
(5) If this paragraph
applies, the examiner must –
(a) issue
a certificate of satisfaction that –
(i) certifies that
the vehicle did so comply,
(ii) specifies
the date on which the inspection was concluded, and
(iii) is
otherwise in such form, and contains such information, as the Minister may from
time to time specify by a general notice to examiners, published on a website
maintained by the States of Jersey;
(b) give
that certificate to the Inspector of Motor Traffic; and
(c) give
a copy of that certificate to either or both of –
(i) the registered
owner, by sending it to the registered address or to an address for electronic
communication provided by the registered owner, and
(ii) the
person, if any, who collects the vehicle after the inspection but is not the registered
owner.
(6) Articles 120(8)
and (9) of the Construction and Use Order apply in respect of a refusal to
issue a certificate of satisfaction under this Order as they apply in respect
of a refusal to issue a certificate of compliance under that Order, and the
examiner must provide to the Inspector of Motor Traffic a copy of any notification
of refusal issued by the examiner under this paragraph.
(7) The Inspector of Motor
Traffic must –
(a) establish
and keep a record of –
(i) each inspection
carried out,
(ii) each
certificate of satisfaction issued,
(iii) each
notification of refusal issued, and
(iv) any
detail, relating to such an inspection, certificate or notification, of any
description specified to the Inspector by the Minister; and
(b) ensure
that the record is available to every Traffic Officer and to any police officer
responsible for detecting or prosecuting offences under Article 78A(3) of
the Law.
(8) The Inspector of Motor
Traffic may keep the record under paragraph (7) in an information system
(within the meaning of the Electronic Communications (Jersey) Law 2000), including an information
system in which a record is kept by any other person mentioned in paragraph (7)(b).
(9) Articles 118 and
119 of the Construction and Use Order apply following an inspection under this
Order, as they apply following a test under Article 117 of that Order.
(10) For the purpose of paragraph (5)(c) –
(a) the
“registered owner” of a vehicle is the person recorded in the
register, under the Motor Vehicle Registration (Jersey) Law 1993, as the owner of the
vehicle; and
(b) the
“registered address” of a registered owner is the address recorded
for that registered owner in that register.
4 Exemption
from inspection scheme
(1) This Order does not
apply to a motor vehicle if it is not registered under the Motor Vehicle Registration (Jersey) Law 1993.
(2) This Order does not
apply to a motor vehicle that is –
(a) a
motor tractor;
(b) a
track laying vehicle;
(c) a
pedestrian controlled vehicle;
(d) a
mowing machine;
(e) an
agricultural motor vehicle, within the meaning of the Construction and Use
Order;
(f) a
works truck, within the meaning of that Order;
(g) engineering
plant, within the meaning of that Order; or
(h) a
refuse vehicle that has a maximum speed not exceeding 20 mph, within
the meaning of those terms in that Order.
(3) This Order does not
apply to a motor vehicle while –
(a) the
vehicle is used as a public service vehicle, within the meaning of the Motor Traffic (Jersey) Law 1935;
(b) Article 120A
of the Construction and Use Order applies to the vehicle, or would apply but
for paragraph (8) of that Article;
(c) there
is in force a licence under Article 78 of the Law in respect of the
vehicle;
(d) the
vehicle is owned by the States and maintained in accordance with an arrangement
approved by the Minister, and –
(i) is used for the
purposes of the States of Jersey Police Force or the States of Jersey Fire and
Rescue Service, or
(ii) is
a motor ambulance within the meaning of the Construction and Use Order; or
(e) the
vehicle is owned by a Parish, is maintained in accordance with an arrangement
approved by the Minister, and is used for the purposes of the Honorary Police.
(4) The inspection scheme
does not apply to a motor vehicle at any time at which, although it is registered
under the Motor Vehicle Registration (Jersey) Law 1993 –
(a) no
more than 14 days have elapsed since its registration under Article 4(1)(g)
of that Law; or
(b) it is
being tested, by the holder of a trade licence under that Law, during the
course of, or after completion of, repairs carried out to that vehicle by that
licence holder with a view to its submission for an inspection.
(5) The inspection scheme
does not apply to a motor vehicle at any time at which it is being used
by –
(a) an
officer, within the meaning of the Customs and Excise (Jersey) Law 1999, in connection with its seizure,
detention, removal or forfeiture under that Law;
(b) a
police officer, in connection with its seizure or detention by that or any
other police officer; or
(c) a
Traffic Officer, in connection with its seizure or detention in the performance
of any function of that officer.
(6) The inspection scheme
does not apply to a motor vehicle, in respect of which no certificate of
satisfaction has been issued in the period starting 2 months before its
most recent prior relevant anniversary and ending on that anniversary, at any
time at which –
(a) it is
being driven to an appointment for an inspection;
(b) it is
being used by or under the direction of an examiner, for the purpose of an
inspection; or
(c) following
the issue of a notification of refusal under Article 3(6) in respect of an
inspection of the vehicle, it is being –
(i) driven from the
inspection to a place, other than a road, at which it is to be kept with a view
to its submission for another inspection, or
(ii) towed
to a place where it is to be broken up or destroyed.
(7) Paragraph (6)(b)
applies only for the purpose of Article 78A(3) of the Law, and not for the
purpose of the application of Article 3 of this Order in relation to the
inspection.
5 Citation
This Order may be cited as the Road Traffic (Periodic Technical
Inspections – General Provisions) (Jersey) Order 2018.