A LAW to control the placing of
things, and the removal of accident debris, below or on or above highways; and
for related matters
In this Law –
means the Loi (1914) sur la Voirie;
“by-road” has the same meaning as chemin vicinal in the 1914 Law;
“highway authority”, in relation to a by-road means the
Roads Committee of the parish in which the road is situated and, in relation to
a main road, means the Minister;
“main road” has the same meaning as grande route in the said Law;
“Minister” means the Minister for Infrastructure.
2 General prohibition
(1) Subject as provided by this
Law and the Customary Law (Choses
Publiques) (Jersey) Law 1993, it shall not be lawful to place anything below,
on or above any highway in Jersey.
(2) Nothing in this Law
shall apply to –
works carried out by a utility undertaker, including any undertaker works
carried out by another person under licence from the utility undertaker;
or urgent works.
(3) In paragraph (2),
“undertaker works”, “utility undertaker”,
“specified road works”, “emergency works” and
“urgent works” have the same meanings as in the Road Works and Events
(Jersey) Law 2016.
(4) Nothing in this Law
shall relieve a person from an obligation to obtain any permit, consent,
permission or authorization required under the Road Works and Events
(Jersey) Law 2016, or any other enactment.
3 Power of the States to grant authority by Regulations
The States may make Regulations authorizing the placing below, on or
above the highway of things of such classes or descriptions as may be specified
in the Regulations subject to such conditions as may be so specified.
4 Power of highway authorities to grant licences
(1) Subject to paragraph (2),
the highway authority may grant a licence to any person authorizing the person
to place any thing below, on or above any highway administered by that
authority, and any such licence may be granted subject to such conditions as
the highway authority may think fit to impose and to the periodic payment of
such reasonable sum as the highway authority may determine.
(2) The highway authority
shall not grant a licence under this Article authorizing the placing of
anything below, on or above a highway or a part of a highway which is for the
time being the subject of a permit granted under the Customary Law (Choses
Publiques) (Jersey) Law 1993 except on the application of the holder of the
(3) Any licence under this Article
may be granted for a fixed period or for an indefinite period, and any licence
granted for an indefinite period may be withdrawn by the highway authority on
giving not less than 6 months' notice in writing to the holder of the licence:
Provided that where less than 5 years' notice of withdrawal is given
and the holder of the licence is of the opinion that he or she is prejudicially
affected by the withdrawal, the holder of the licence may appeal to the
Inferior Number of the Royal Court, either in term or in vacation, and the
Court may make such order in the matter as it thinks just and equitable.
(4) No licence granted
under this Article shall authorize the placing of any thing less than 7 feet
above a footpath or less than 18 feet above a carriageway.
(5) Where the property in
any thing placed below, on or above a highway under the authority of a licence
granted under this Article is transferred, the licence shall, on application to
the highway authority, be transferred to the new owner by endorsement of the
licence or otherwise, but unless so transferred a licence shall cease to be in
force at the expiration of 3 months from the date of the transfer.
(6) Where a by-road below,
on or above which any thing has been placed under the authority of a licence granted
under this Article is, by virtue of Article 1 of the 1914 Law,
classified as a main road, the powers of the Roads Committee of the parish in
which the road is situated in respect of that licence shall be transferred to
5 Offences and removal of things placed in contravention of law
(1) If any person places
any thing or causes any thing to be placed below, on or above any highway in
contravention of the provisions of this Law, the person shall, without
prejudice to any other proceedings which may be taken against him or her, be
guilty of an offence and shall be liable to a fine of level 3 on the standard
scale, and, whether or not any proceedings are taken in respect of the offence
or otherwise, the highway authority may remove the thing and the expenses
reasonably incurred in so doing shall be recoverable as a civil debt from the
Provided, that in the case of a thing which is placed below a
highway and which communicates with a property bordering on a highway, the
powers of the highway authority under the foregoing provisions of this paragraph
shall not be exercisable, but the highway authority may serve a notice on the
owner of such property requiring the owner to remove the thing in question.
(2) If any person on whom a
notice has been served under the proviso to paragraph (1) fails to comply
with the requirements of the notice within such period (not being less than 28
days from the service thereof) as may be specified in the notice, the highway
authority may remove the thing in question, and the expenses reasonably
incurred in so doing shall be recoverable as a civil debt from the person in
(3) Any person aggrieved by
a notice served under this Article may, within the period specified therein,
appeal to the Inferior Number of the Royal Court, either in or out of term, and
the decision of the Court shall be final and without appeal, but without
prejudice to the right of the Inferior Number of the Royal Court to refer the
matter to the Superior Number of the Royal Court.
(4) Where an appeal under
this Article is brought against a notice served thereunder, paragraph (2)
shall not apply unless the appeal is abandoned or dismissed, and shall, in that
case, have effect as if for the reference therein to the period specified in
the notice there were substituted a reference to 28 days from the date on which
the appeal was abandoned or dismissed.
5A Clearance of accident
(1) If any debris is
deposited below, on or above a highway in consequence of any accident, the
highway authority shall remove the debris from the highway.
(2) Paragraph (1)
applies whether or not the accident itself occurs below, on or above the
(3) If a highway authority
removes any debris under paragraph (1), the highway authority may recover
the expenses reasonably incurred by it in doing so as a civil debt from any
person who causes the accident.
(4) This Article applies,
instead of Articles 1(1) and 45 of the Loi (1914) sur La Voirie, to the
removal of debris deposited below, on or above a highway in consequence of any
of Minister to delegate functions
(1) Subject to the
following provision of this Article, the Minister may delegate, either partly
or wholly, the functions of the Minister under this Law in relation to any main
road to the Roads Committee of the parish in which the main road is situated.
(2) Any such delegation
shall be made, and may be amended, modified, varied or revoked at any time, in
writing by the Minister and shall be subject to such conditions, exceptions or
qualifications as the Minister may specify in writing at any time.
(3) The delegation of any
function under this Article does not prevent the exercise of that function by
Any notice authorized to be served under or for the purposes of this
Law may be served either –
(a) by delivering it to the
person on whom it is to be served;
(b) by leaving it at the
usual or last-known place of abode of that person;
(c) by sending it in a
prepaid letter addressed to that person at the person’s usual or
last-known place of abode;
(d) in the case of a body
corporate or unincorporate, by delivering it to the secretary or clerk of the
body at its registered or principal office or by sending it in a prepaid letter
addressed to the secretary or clerk of the body at that office;
(e) if it is not practicable
after reasonable enquiry to ascertain the name and address of an owner of
premises on whom it should be served, or if the premises are unoccupied or the
name of the owner is not known, by addressing it to the owner by the
description of “owner” of the premises (naming them) to which it
relates and by delivering it to some person on the premises or, if there is no person
on the premises to whom it can be delivered, by affixing it or a copy of it to
some conspicuous part of the premises.
(1) Nothing in this Law
shall prejudice or affect any rights or powers in existence immediately before
the coming into force of this Law.
(2) Nothing in this Law
shall affect any right of proceeding under any other enactment or under the
(3) For the avoidance of
doubt, it is declared that this Law does not apply to the branches of trees
8A Amendment by
The powers conferred on the States by the Order in Council of 26th
December 1851 to make Regulations relating to the police of the public roads
include a power to amend the provisions of this Law.
This Law may be cited as the Highways (Jersey) Law 1956.