Road Traffic (Registration of Trailers – Vienna Convention) (Jersey) Order 2018

  • 01 Feb 2019 (Current)
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Road Traffic (Registration of Trailers – Vienna Convention) (Jersey) Order 2018

Official Consolidated Version

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Road Traffic (Registration of Trailers – Vienna Convention) (Jersey) Order 2018

THE MINISTER FOR INFRASTRUCTURE, in pursuance of Articles 80A and 84 of the Road Traffic (Jersey) Law 1956, orders as follows –

Commencement [see endnotes]

1        Interpretation

In this Order –

“Inspector” has the same meaning as in the Registration Law;

“published”, in relation to a form, means published in a manner appearing likely to the Inspector to bring the form to the attention of the public;

“Registration Law” means the Motor Vehicle Registration (Jersey) Law 1993;

“Registration Order” means the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993;

“Road Traffic Law” means the Road Traffic (Jersey) Law 1956;

“Vienna Convention country” means a country, outside the British Islands, that is a party to the Vienna Convention.

2        Descriptions of motor-drawn trailer exempt from requirement to register

(1)     For the purpose of Article 80A(3)(b)(ii) of the Road Traffic Law, the descriptions of motor-drawn trailer that are exempt from the requirement to be registered are motor-drawn trailers falling within any of paragraphs (2) to (5).

(2)     A motor-drawn trailer falls within this paragraph if its maximum gross weight does not exceed 750 kg.

(3)     A motor-drawn trailer falls within this paragraph if –

(a)     its maximum gross weight exceeds 750 kg, but does not exceed 3.5 tonnes; and

(b)     it is not used, on the journey falling within Article 80A(3)(a) of the Road Traffic Law, primarily to carry goods in the course of a business.

(4)     A motor-drawn trailer falls within this paragraph if it is used for the purposes of a home force, as defined by Article 3(1) of the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017, and is drawn by a vehicle that is exempt from registration under the Registration Law by virtue of Article 2(d) of the Registration Law.

(5)     A motor-drawn trailer falls within this paragraph if it would, if it was a motor vehicle, be for the time being exempt from registration under the Registration Law by virtue of the Motor Vehicles (International Circulation) (Jersey) Regulations 1958.

(6)     In paragraph (3)(b) the reference to goods includes an item belonging to a passenger who is in the vehicle by which the trailer is drawn.

(7)     In paragraphs (2) and (3)(a) “maximum gross weight” has the same meaning as in the Motor Vehicles (Construction and Use) (Jersey) Order 1998.

3        Modified application of motor vehicle provisions

(1)     The application to a motor-drawn trailer of the provisions listed in Article 80A(6) of the Road Traffic Law is further modified as described in the following paragraphs.

(2)     In the Registration Law –

(a)     the provisions are to be read without the references to an insurance write off, a mark-right or a trade licence; and

(b)     Articles 2, 2A, 4(1)(b), 4(2), 5(3), 5(5)(d) and 7 do not apply.

(3)     In Article 1 of the Registration Order, none of the definitions apply except for the definitions “Law” and “prescribed font”.

(4)     In Article 5 of the Registration Order –

(a)     for the purpose of paragraph (a), the reference to the form in Schedule 3 to that Order is to be read as a reference to a form, published by the Inspector, that requires completion of all of the information appearing to the Inspector to be necessary or useful for registration of a motor-drawn trailer; and

(b)     paragraph (b)(ii) does not apply.

(5)     In Article 6 of the Registration Order –

(a)     for the purpose of paragraph (1), the reference to the form in Schedule 4 to that Order is to be read as a reference to a form that –

(i)      is published by the Inspector,

(ii)      is laid out in the same format of lettered parts, and numbered sections and numbered boxes, as the form in Schedule 4, and

(iii)     sets out all of the information appearing to the Inspector to be necessary, for the purpose of the Vienna Convention, for a registration certificate of a motor-drawn trailer; and

(b)     paragraph (2) does not apply.

(6)     Article 11 of the Registration Order does not apply, and accordingly nor does Article 12(2).

(7)     Articles 14(1)(a)(ii), (iii) and (v) of the Registration Order do not apply.

(8)     In Article 20 of the Registration Order –

(a)     paragraph (1)(a) does not apply;

(b)     for the purpose of paragraph (1)(b), the index mark must be the letters “JT”; and

(c)     paragraph (2) does not apply.

(9)     Articles 21 and 22 of the Registration Order do not apply.

(10)    In the table in Schedule 1 to the Registration Order –

(a)     items 4, 6, 7, 8, 10, 11, 19, 22, 23, 24 and 25 do not apply; and

(b)     the particulars are to be read as including particulars of the trailer’s unladen weight, as defined in the Motor Vehicles (Construction and Use) (Jersey) Order 1998.

(11)    In Schedule 2 to the Registration Order, paragraphs 1 to 5 and 6(2)(a) do not apply.

(12)    Schedules 3, 4 and 4A to the Registration Order do not apply.

(13)    In Schedule 5 to the Registration Order –

(a)     in paragraph 1, the definitions “hours of darkness”, “moped”, “motorcycle”, “trailer”, “pedestrian controlled vehicle” and “works truck” do not apply;

(b)     in paragraph 3 the requirement to exhibit the registration mark applies only to the back of the trailer, or as directed by the Inspector;

(c)     paragraph 4 does not apply in respect of the trailer, but the registration mark of the trailer must be displayed in such a manner as to be easily distinguishable from any registration mark that –

(i)      belongs to the motor vehicle drawing the trailer, and

(ii)      is required by paragraph 4, as it applies to that motor vehicle, to be displayed on the trailer;

(d)     paragraphs 5 and 8 do not apply;

(e)     paragraph 9 applies regardless of the date of construction of the trailer; and

(f)      Part 5 does not apply.

4        Voluntary registration of exempt trailer

(1)     If a motor-drawn trailer is exempt by virtue of Article 2, the owner of that trailer may nevertheless apply to register it.

(2)     Article 3 applies to the registration of a trailer under this Article as it applies to the registration of a trailer that is not exempt.

(3)     The Inspector must register the trailer if he or she would be required to register the trailer if it were not exempt by virtue of Article 2.

5        Transitional provision: registration before 30th March 2019

(1)     At any time before 30th March 2019 –

(a)     a non-exempt motor-drawn trailer is exempt from the requirement to be registered, for the purpose of Article 80A(3)(b)(ii) of the Road Traffic Law; but

(b)     the owner of the trailer may apply to register the trailer in anticipation of the trailer becoming subject to that requirement on or after 30th March 2019.

(2)     Article 3 applies to the registration of a trailer under this Article as it applies to the registration of a trailer that is not exempt.

(3)     The Inspector must register the trailer if he or she would be required to register the trailer if it were not exempt by virtue of paragraph (1)(a).

(4)     In this Article “non-exempt motor-drawn trailer” means a motor-drawn trailer that is not exempt by virtue of Article 2.

6        Citation

This Order may be cited as the Road Traffic (Registration of Trailers – Vienna Convention) (Jersey) Order 2018.

 

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Road Traffic (Registration of Trailers – Vienna Convention) (Jersey) Order 2018

R&O.133/2018

1 February 2019

Table of Endnote References

There are currently no endnote references


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