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Motor Vehicle Registration (General Provisions) (Jersey) Order 1993

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

25.350.50

 

Showing the law from 1 January 2021 to Current

 



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Motor Vehicle Registration (General Provisions) (Jersey) Order 1993

Article

PRELIMINARY  7

1                 Interpretation. 7

REGISTRATION   8

2                 Register of motor vehicles. 8

3                 Requirements for registration of motor vehicle. 8

4                 Residence of owner. 8

5                 Application for registration of motor vehicle. 9

6                 Registration document. 9

7                 Alteration of registered motor vehicle or its use. 10

8                 Change of address or name of owner of registered motor vehicle. 10

9                 Permanent removal from Jersey, breaking up or destruction of registered motor vehicle   11

10              Change of ownership of registered motor vehicle. 11

11              Insurance write off of registered motor vehicle. 12

12              Further information. 12

13              Verification of particulars. 13

14              Inspection of motor vehicle. 13

15              Amendment of the register. 14

16              Cancellation and replacement of registration document. 15

17              Replacement of registration document. 16

18              Production and inspection of registration document. 16

19              Supply of registration particulars. 16

REGISTRATION MARKS  17

20              Assignment of registration marks. 17

21              Registration marks assigned under former Laws. 17

22              Withdrawal and assignment of particular registration marks. 17

23              Display of registration marks. 17

TRADE LICENCES  18

24              Application for trade licence. 18

25              Issue of trade licence and requirement for trade licence plates. 18

26              Preservation and surrender of trade licence plates. 18

27              Fixing and exhibition of trade licence plates, fee receipts and insurance discs  19

28              Change of address of holder of trade licence. 19

29              Restrictions on use of trade licences and trade licence plates. 19

30              Purposes for which vehicles may be used by virtue of trade licences. 20

31              Replacement of trade licences. 20

32              Production and inspection of trade licences and trade licence plates. 21

33              Supply of trade licence particulars. 21

MISCELLANEOUS  21

34              Citation. 21

Particulars of motor vehicles contained in the register   22

Requirements for registration of a motor vehicle  23

Application form    27

form of registration document  29

Withdrawal of registration marks and assignment of particular registration marks  31

1                 Interpretation. 31

2                 Withdrawal of registration mark at request of owner. 31

3                 Assignment of a particular registration mark under a mark-right. 32

4                 Grant of mark-right for registration mark that ceases to be assigned to a vehicle   32

5                 Grant of mark-right in relation to unassigned registration mark selected by Inspector  34

6                 Certification of mark-right by mark-right document. 35

7                 Delegation by Inspector. 35

8                 Delay, refusal, withdrawal and appeal 36

9                 Mark-right not transferable. 37

10              Alteration of use to or from hire. 37

Requirements as to registration marks  38

PART 1  38

PRELIMINARY  38

1                 Interpretation. 38

PART 2  39

DISPLAY OF REGISTRATION MARKS  39

2                 Exhibition of registration marks. 39

3                 Position and visibility of registration marks. 39

4                 Exhibition of registration marks on trailers. 39

5                 Illumination of registration marks. 40

PART 3  40

FORM OF REGISTRATION MARKS  40

DIAGRAM 1  40

DIAGRAM 2  40

6                 Arrangement of registration marks. 40

7                 Material displayed on number plate. 41

8                 Form of number plates – pre 1976 vehicles. 41

9                 Form of number plate – post 1976 vehicles. 42

PART 4  44

FONT PRESCRIBED FOR CHARACTERS 79 MILLIMETERS IN HEIGHT  44

part 5  45

FORM OF distinguishing mark forMING PART OF REGISTRATION MARK IN THE CASE OF a hire vehicle  45

A.               HIRE VEHICLE REGISTRATION MARK CONFORMING TO DIAGRAM NO. 1 IN PART III 45

B.               HIRE VEHICLE REGISTRATION MARK CONFORMING TO DIAGRAM NO. 2 IN PART III 45

Form of application for a trade licence or its renewal  46

Form of trade licence  47

Table of Legislation History. 48

Table of Renumbered Provisions. 50

Table of Endnote References. 51

 


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Motor Vehicle Registration (General Provisions) (Jersey) Order 1993[1]

THE HOME AFFAIRS COMMITTEE, in pursuance of Articles 3, 4, 5, 6, 7, 8, 9, 10 and 15 of the Motor Vehicle Registration (Jersey) Law 1993, orders as follows –

Commencement [see endnotes]

PART 1

PRELIMINARY

1        Interpretation[2]

In this Order, unless the context otherwise requires –

“agricultural tractor” means a motor vehicle which is –

(a)     not constructed itself to carry any load, other than water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment;

(b)     designed and used primarily for work in connection with agriculture; and

(c)     driven on a road only when proceeding to and from the site of such work and which when so driven hauls nothing more than land implements or an agricultural trailer;

“Directive” means the Directive of the Council of the European Communities of 6th February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Council Directive 70/156/EEC), as amended;

“electronic communication” has the meaning given by Article 1(1) of the Electronic Communications (Jersey) Law 2000;

“hire vehicle” means a small passenger vehicle, minibus or motor cycle (as these terms are defined by the Road Traffic (Jersey) Law 1956) that is hired or available for hire –

(a)     from a person carrying on a trade or business that is principally concerned with the hiring of motor vehicles; and

(b)     on terms that provide for the hire vehicle to be driven by a person other than its owner or the owner’s employee or agent for non-renewable periods of not more than one month;

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

“LPV” means a light passenger vehicle, being a motor vehicle designed and constructed for the carriage of passengers and comprising no more than 8 seats in addition to the driver’s seat;

“prescribed font” means the style shown in Part 4 of Schedule 5 for characters 79 millimetres in height;

“restricted speed agricultural tractor” has the same meaning as in paragraph 9 of Part 2 of Schedule 1 to the Customs and Excise (Jersey) Law 1999;

“use”, in relation to a motor vehicle, means use of the vehicle exclusively as a hire vehicle or use other than such use.[3]

PART 2

REGISTRATION

2        Register of motor vehicles

The register of motor vehicles to be compiled and maintained by the Inspector pursuant to Article 3 of the Law shall contain in respect of each registered motor vehicle, so far as they may be applicable to a specific motor vehicle or type of motor vehicle, the particulars contained in Schedule 1.

3        Requirements for registration of motor vehicle

No motor vehicle shall be registered under the Law unless there is compliance with the requirements for registration contained in Schedule 2 so far as they may be applicable to the motor vehicle or type of motor vehicle for which registration is sought.

4        Residence of owner

The Inspector may refuse to register a motor vehicle where he or she is not satisfied that the owner of the vehicle is –

(a)     an individual permanently resident in Jersey; or

(b)     a corporation, wherever incorporated, carrying on an active business in Jersey which requires the vehicle to be based and operated in Jersey for a period or aggregate periods of not less than 185 days in each year.[4]

5        Application for registration of motor vehicle[5]

(1)     An application for registration of a motor vehicle under the Law must be –

(a)     in the form in Schedule 3; and

(b)     accompanied by –

(i)      such documents as may be necessary to prove compliance with Article 3,

(ii)      evidence that sufficient insurance in respect of third-party risks is in force in relation to the use of the vehicle by the owner in the form of an insurance policy number and the name of the insurer with which the policy is held,

(iii)     a fee of £32.00,

(iv)     if the owner is an individual, the number of the owner’s Jersey current driving licence or such other evidence that is acceptable to the Inspector of the owner’s identity, and

(v)     evidence satisfactory to the Inspector of the ownership of the vehicle.[6]

(2)     An application for registration of a motor vehicle referred to in paragraph (1) may be delivered to the Inspector as an electronic communication in such manner as the Inspector approves.

6        Registration document

(1)     A registration document shall be in the form in Schedule 4 and shall contain such of the particulars relating to the motor vehicle in respect of which it is issued as shall at the time of issue of the document be –

(a)     recorded in the register of motor vehicles in respect of the vehicle; and

(b)     required for the proper completion of the document.

(1A)   At the Inspector’s discretion, a registration document may be issued as an electronic communication.[7]

(2)     Where, by virtue of Article 4(2) of the Law, the registration document for a motor vehicle is a registration book issued under the Road Vehicles (Registration Books) (Jersey) Order 1957 or 1962 –

(a)     the Inspector may at any time, by way of replacement of the registration book, issue to the owner of the vehicle free of charge a registration document in respect of the vehicle in the form in Schedule 4 and upon receiving it the owner shall forthwith deliver the registration book to the Inspector who shall cancel it;

(b)     in any case where, if a registration document in the form in Schedule 4 had been issued in respect of the vehicle –

(i)      Article 7, 8 or 9 would be applicable, the owner of the vehicle, or

(ii)      Article 10 would be applicable, the owner of the vehicle who is selling or otherwise transferring it,

shall first deliver the registration book to the Inspector and request the issue of a registration document in respect of the vehicle in the form in Schedule 4, whereupon the Inspector shall issue to the owner free of charge a registration document in that form and cancel the registration book, and the Inspector shall then be notified of the matter requiring notification under Article 7, 8, 9 or 10 in accordance with the relevant Article.

(3)     If the Inspector requires the owner of a vehicle to destroy a registration document which the Inspector has cancelled under Article 5(6) of the Law, the owner must comply with that requirement.[8]

7        Alteration of registered motor vehicle or its use[9]

(1)     Not later than 7 days after the making of an alteration to a registered motor vehicle or its use which renders any of the particulars of the vehicle contained in part A of the registration document last issued in respect of the vehicle no longer correct, the owner of the vehicle shall –

(a)     complete section 3 of part A of the document by inserting particulars of the alteration made to the vehicle or its use;

(b)     make the declaration contained in section 4 of part A of the document in the form in Schedule 4 or such declaration as is required if the form is delivered as an electronic communication;

(c)     deliver the document to the Inspector.[10]

(2)     Subject to paragraph (3), the owner may deliver the completed document referred to in paragraph (1) as an electronic communication in such manner as the Inspector approves.[11]

(3)     If the registration document was issued as an electronic communication, the owner must, where reasonably possible, deliver it to the Inspector as an electronic communication in such manner as the Inspector approves.[12]

8        Change of address or name of owner of registered motor vehicle[13]

(1)     The owner of a registered motor vehicle who changes the owner’s address or name from that contained in part A of the registration document last issued in respect of the vehicle shall not later than 7 days after the change –

(a)     complete section 1 of part A of the document by inserting the owner’s new address or name;

(b)     make the declaration contained in section 4 of part A of the document in the form in Schedule 4 or such declaration as is required if the form is delivered as an electronic communication;

(c)     deliver the document to the Inspector.[14]

(2)     Subject to paragraph (3), the owner may deliver the completed document referred to in paragraph (1) as an electronic communication in such manner as the Inspector approves.[15]

(3)     If a registration document has been issued as an electronic communication, the completed registration document referred to in paragraph (1) must, where reasonably possible, be delivered to the Inspector as an electronic communication in such manner as the Inspector approves.[16]

9        Permanent removal from Jersey, breaking up or destruction of registered motor vehicle

(1)     Not later than 7 days after the permanent removal from Jersey, breaking up or destruction of a registered motor vehicle, the owner of the vehicle shall –

(a)     complete section 2 of part A of the registration document last issued in respect of the vehicle;

(b)     make the declaration contained in section 4 of part A of the document in the form in Schedule 4 or such declaration as is required if the form is delivered as an electronic communication;

(c)     deliver the document to the Inspector.[17]

(2)     Subject to paragraph (3), the owner may deliver the completed document referred to in paragraph (1) as an electronic communication in such manner as the Inspector approves.[18]

(3)     If a registration document has been issued as an electronic communication, the completed registration document referred to in paragraph (1) must, where reasonably possible, be delivered to the Inspector as an electronic communication in such manner as the Inspector approves.[19]

10      Change of ownership of registered motor vehicle

(1)     Not later than 7 days after a change of ownership of a registered motor vehicle –

(a)     the owner of the vehicle selling or otherwise transferring the vehicle and the person to whom the vehicle is sold or transferred shall complete parts A and B of the registration document last issued in respect of the vehicle by –

(i)      inserting the particulars required for their proper completion, and

(ii)      making the declarations required of them respectively contained in section 4 of the document in the form in Schedule 4 or such declarations as are required of them if the form is delivered as an electronic communication;

(b)     the owner selling or transferring the vehicle shall deliver the completed part B of the document to the Inspector; and

(c)     the buyer or transferee shall deliver the completed part A of the document to the Inspector.[20]

(2)     Subject to paragraph (3), the completed document referred to in paragraph (1) may be delivered as an electronic communication in such manner as the Inspector approves.[21]

(3)     If a registration document has been issued as an electronic communication, both the completed parts referred to paragraph (1) must, where reasonably possible, be delivered to the Inspector as an electronic communication in such manner as the Inspector approves.[22]

11      Insurance write off of registered motor vehicle[23]

(1)     Not later than 7 days after a registered motor vehicle is the subject of an insurance write off, the insurer shall notify the Inspector of that fact in accordance with paragraph (2).

(2)     The notice required under paragraph (1) shall be in writing and, in relation to the vehicle, state –

(a)     its owner’s name and address in Jersey;

(b)     its manufacturer;

(c)     its manufacturer’s model description;

(d)     its chassis or frame number;

(e)     its registration mark;

(f)      the date on which the damage resulting in the insurance write off occurred;

(g)     the nature of the damage resulting in the insurance write off;

(h)     the estimated cost of repairing the damage resulting in the insurance write off;

(i)      the estimated value of the vehicle when repaired.

12      Further information

(1)     Where the Inspector has been notified pursuant to Article 7, 8, 9 or 10 of an alteration, permanent removal from Jersey, breaking up, destruction or change of ownership of a registered motor vehicle or the change of address or name of its owner, or has received an application under any of paragraphs 2(1), 3(2)(b), 4(1) and 4(2) of Schedule 4A, the owner, the other person mentioned in paragraph 4(2) of that Schedule, or in the case of a change of ownership the previous and new owners or either of them, of the vehicle, upon receiving a request by the Inspector in writing for further information, shall forthwith furnish the Inspector with such information as it is in the owner’s or their power to give or with reasonable diligence to ascertain.[24]

(2)     Where the Inspector has been notified pursuant to Article 11 of the insurance write off of a registered motor vehicle, the insurer giving such notice, or the owner of the vehicle, upon receiving a request by the Inspector in writing for further information, shall forthwith furnish the Inspector with such information as it is in his or her power to give or with reasonable diligence to ascertain.[25]

13      Verification of particulars

The Inspector may from time to time by letter posted to the person recorded in the register as the owner of a registered motor vehicle require the person within a period of 14 days after the posting of the letter to notify the Inspector in writing as to any or all of the following matters –

(a)     whether the vehicle is still in existence;

(b)     whether the vehicle has been permanently removed from Jersey;

(c)     whether any alteration has been made to the vehicle or to its use which renders any of the particulars contained in the registration document last issued in respect of the vehicle no longer applicable;

(d)     whether there has been a change of ownership of the vehicle from that recorded in the registration document last issued in respect of the vehicle;

(e)     the present address of the person to whom the letter is addressed.[26]

14      Inspection of motor vehicle[27]

(1)     This Article applies if the Inspector –

(a)     receives –

(i)      an application for the registration of a motor vehicle under Article 5,

(ii)      an application for the withdrawal of a registration mark from a registered motor vehicle under paragraph 2 of Schedule 4A,

(iii)     an application for the assignment of a particular registration mark to a registered motor vehicle under paragraph 3 of Schedule 4A,

(iv)     a registration document under Article 7, or a notification under Article 13, in respect of an alteration of a registered motor vehicle, or

(v)     a notification under Article 11 in respect of an insurance write off of a registered motor vehicle;

(b)     considers inspection of a registered motor vehicle to be necessary in order to confirm a notification made under Article 13(a), (b) or (c); or

(c)     has, at any time, any reason to believe that a registered motor vehicle –

(i)      may have been broken up or destroyed, or otherwise no longer exists, or

(ii)      may have been permanently removed from Jersey.

(2)     The Inspector may, on giving not less than 7 days notice in writing to the relevant person, require that person to produce the vehicle at a specified time and place for inspection.

(3)     The relevant person for the purpose of paragraph (2) is –

(a)     the person recorded in the register as the owner of the vehicle; or

(b)     if paragraph (1)(a)(i) applies, the person applying for registration of the vehicle.

15      Amendment of the register

(1)     Where it appears to the Inspector that –

(a)     any particulars which have been entered in the register are, or may be, incorrect or incomplete; or

(b)     by error an entry has been, or may have been, made in or omitted from the register,

the Inspector shall –

(c)     by letter posted to the person recorded in the register as the owner of the registered motor vehicle concerned at the most recent address notified by the person to the Inspector, serve notice on that person –

(i)      specifying the particulars or entry in question, and

(ii)      requiring the person within a period of 14 days after the posting of the letter to produce to the Inspector evidence of the relevant facts;

(d)     after the production to the Inspector by or on behalf of the person served of evidence or upon the expiration of the period of 14 days after the posting of the notice, whichever shall first occur, and after making any further investigation or inquiry which the Inspector may consider necessary or desirable –

(i)      determine whether to amend the register,

(ii)      if the Inspector determines to amend the register, determine the nature of the amendment, and

(iii)     by letter posted to the person previously served in like manner to the notice, inform that person of the Inspector’s determination; and

(e)     if the Inspector determines to amend the register –

(i)      amend it, and

(ii)      issue to the person recorded in the register, as amended, as the owner of the motor vehicle a registration document in respect of the motor vehicle reflecting the state of the register as so amended:

Provided that where the Inspector has reason to believe that the motor vehicle, or a share in it, may have been sold or otherwise transferred to another person, the Inspector may, in addition to serving notice on the person recorded in the register as the owner, serve notice in like manner on that other person who shall in that case have the same rights under sub-paragraphs (c) and (d) as the person recorded in the register as the owner.

(2)     Notwithstanding paragraph (1), where any particulars entered in the register contain a clerical error of such a nature that, in the opinion of the Inspector, the owner of the motor vehicle concerned or any other person will not be prejudiced by its correction, the Inspector may without giving notice summarily correct the error.

16      Cancellation and replacement of registration document

(1)     Where it appears to the Inspector that any particulars contained in the registration document last issued in respect of a registered motor vehicle are, or may be, incorrect or incomplete, the Inspector shall –

(a)     by letter posted to the person recorded in the register as the owner of the motor vehicle concerned at the most recent address notified by the person to the Inspector, serve notice on that person –

(i)      specifying the particulars in question, and

(ii)      requiring the person within a period of 14 days after the posting of the letter to produce to the Inspector evidence of the relevant facts;

(b)     after the production to the Inspector by or on behalf of the person served of evidence or upon the expiration of the period of 14 days after the posting of the notice, whichever shall first occur, and after making any further investigation or inquiry which the Inspector may consider necessary or desirable –

(i)      determine whether to cancel the registration document, and

(ii)      by letter posted to the person previously served in like manner to the notice, inform that person of the Inspector’s determination; and

(c)     if the Inspector determines to cancel the registration document, issue to the person recorded in the register as the owner of the motor vehicle a registration document in respect of the motor vehicle in place of that cancelled:

Provided that where the Inspector has reason to believe that the motor vehicle, or a share in it, may have been sold or otherwise transferred to another person, the Inspector may, in addition to serving notice on the person recorded in the register as the owner, serve notice in like manner on that other person who shall in that case have the same rights under sub-paragraphs (a) and (b) as the person recorded in the register as the owner.

(2)     Notwithstanding paragraph (1), where any particulars contained in the registration document last issued in respect of a motor vehicle include a clerical error of such a nature that, in the opinion of the Inspector, the owner of the vehicle or any other person will not be prejudiced by its correction, the Inspector may without giving notice summarily cancel the registration document and issue a new registration document in its place.

17      Replacement of registration document

(1)     If the last registration document issued in respect of a registered motor vehicle has been lost, stolen, destroyed, mutilated, accidentally defaced or become illegible, the owner of the vehicle may apply to the Inspector for the issue of a duplicate document and upon the Inspector being satisfied as to the loss, theft, destruction, mutilation, defacement or illegibility and, except in the case of loss, theft or destruction, on the surrender of the document, the Inspector shall issue a duplicate document upon payment of a fee of £17.00:

Provided that where, by virtue of Article 4(2) of the Law, the registration document for a motor vehicle is a registration book issued under the Road Vehicles (Registration Books) (Jersey) Order 1957 or 1962, the owner may in the like circumstances apply to the Inspector for the issue of a registration document in the form in Schedule 4 and upon the Inspector being satisfied as aforesaid and, except in the case of loss, theft or destruction, on the surrender of the registration book, the Inspector shall issue a registration document in that form upon the like payment.[28]

(2)     Where, pursuant to paragraph (1), a registration document has been issued in replacement of an original registration document or registration book and the original document or book is found or recovered, the original document or book shall forthwith be delivered to the Inspector who shall cancel it.

18      Production and inspection of registration document

(1)     The owner of a registered motor vehicle shall produce the registration document last issued in respect of the vehicle for inspection if the owner is at any reasonable time required to do so by the Inspector or a police officer or traffic officer.

(2)     No person other than a person acting on behalf of the Inspector shall deface, mutilate or destroy any registration document or alter or obliterate any entry made in it or make any entry in or addition to a registration document.

19      Supply of registration particulars

(1)     Upon request made by the Attorney General, a police officer or an officer of an administration of the States for which the Minister is responsible, the Inspector shall supply free of charge such particulars contained in the register as may be requested.[29]

(2)     Upon request made by a person who satisfies the Inspector that the person has reasonable cause for the request and upon payment of £10.00, the Inspector shall supply –

(a)     the name and address of the person recorded in the register as the owner of a registered motor vehicle; and

(b)     such other particulars recorded in the register as are, in the opinion of the Inspector, relevant to the circumstances constituting the reasonable cause for the request.[30]

PART 3

REGISTRATION MARKS

20      Assignment of registration marks[31]

(1)     The registration mark to be assigned to a registered motor vehicle for the purposes of Article 4(1)(g) of the Law shall consist of a combination of the following letters and numbers in the following sequence –

(a)     in the case only of a vehicle that is to be used exclusively as a hire vehicle, a distinguishing mark being the letter ‘H’;

(b)     an index mark, being the letter ‘J’ or another letter, combination of letters or symbol approved by the Inspector; and

(c)     a number that has been assigned or caused to be assigned to the vehicle by the Inspector,

and the registration mark so assigned shall, subject to Article 4(3) of the Law, be unique to the vehicle.

(2)     The letter ‘H’ referred to in paragraph (1)(a) shall be in the form specified in Part 5 of Schedule 5 and Parts 3 and 4 of that Schedule shall not apply to that letter.

21      Registration marks assigned under former Laws

In the case of a motor vehicle in existence immediately before the coming into force of Article 4 of the Law to which a registration mark had been assigned under any former Law and remained the registration mark of the vehicle immediately before the coming into force of Article 4 of the Law, that registration mark shall be deemed to have been assigned to the vehicle pursuant to Article 20 of this Order.

22      Withdrawal and assignment of particular registration marks[32]

Schedule 4A has effect in relation to the withdrawal of registration marks and to the assignment of particular registration marks.

23      Display of registration marks

The registration mark assigned to a registered motor vehicle and required to be fixed on the vehicle by virtue of Article 6 of the Law shall be displayed in accordance with Schedule 5.

PART 4

TRADE LICENCES

24      Application for trade licence[33]

(1)     For the purposes of Articles 8(2) and 8(6) of the Law –

(a)     the form prescribed for an application for the issue or renewal of a trade licence is the form in Schedule 6 completed by the insertion of the particulars required for its proper completion and signed by the person applying for the issue or renewal; and

(b)     the fee prescribed for such an application is £39.00.[34]

(2)     The application referred to in paragraph (1) may be delivered to the Inspector as an electronic communication in such manner as the Inspector approves.[35]

25      Issue of trade licence and requirement for trade licence plates[36]

For the purposes of Articles 8(2), 8(2A)(b) and 8(6) of the Law –

(a)     the Inspector shall not issue or renew the trade licence unless he or she is satisfied that the person applying for the issue or renewal is a bona fide motor trader;

(b)     the trade licence issued or renewed shall be in the form in Schedule 7 completed by the insertion of the particulars required for its proper completion and signed by or on behalf of the Inspector; and

(c)     the trade licence plates that the motor trader is required to obtain shall consist of 2 plates conforming with any specifications that the Minister may from time to time direct, including one plate fitted with 2 holders, each holder having a transparent cover and being suitable for the display of, respectively –

(i)      the receipt for the fee paid on the issue or renewal of the trade licence, and

(ii)      an insurance disc issued under the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948.

26      Preservation and surrender of trade licence plates[37]

(1)     After a motor trader has obtained trade licence plates under Article 8(2A)(b) of the Law, the motor trader shall not cause or permit the plates to be altered in any way.

(2)     When a trade licence ceases to be in force, the motor trader shall within 7 days surrender to the Inspector the trade licence plates obtained in respect of that licence.

(3)     The display, under Article 27 of this Order, of a receipt and insurance disc, is not to be treated as an alteration for the purpose of paragraph (1).

27      Fixing and exhibition of trade licence plates, fee receipts and insurance discs

At all times when a vehicle is in use or kept on a road by virtue of a trade licence –

(a)     there shall be fixed on the vehicle and exhibited in the manner prescribed in Schedule 5 with respect to the fixing and exhibition of registration marks –

(i)      in the case of a vehicle other than a motor cycle or moped, the trade licence plates obtained under Article 8(2A)(b) of the Law, or

(ii)      in the case of a motor cycle or moped, one of the trade licence plates obtained under Article 8(2A)(b) of the Law;

(b)     the receipt for the fee paid in respect of the trade licence for the calendar year then current shall be displayed in a holder on the trade licence plate fixed on the back of the vehicle; and

(c)     where the insurance disc issued and required to be displayed under the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948 is not otherwise displayed in accordance with the provisions of the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961, it shall be displayed in a holder on the trade licence plate fixed on the back of the vehicle.[38]

28      Change of address of holder of trade licence

The holder of a trade licence who changes his or her address shall not later than 7 days following such change notify the Inspector in writing of his or her new address.

29      Restrictions on use of trade licences and trade licence plates

(1)     No person shall use or keep on a road by virtue of a trade licence a motor vehicle other than a vehicle which –

(a)     is owned in the course of the person’s business as a motor trader by the person holding the trade licence; and

(b)     is not registered in accordance with Article 4 of the Law.

(2)     No person other than –

(a)     the holder of the trade licence;

(b)     a bona fide employee of the holder of the trade licence and acting under the holder’s authority;

(c)     an agent or franchisee of the holder of the trade licence acting under his authority, or a bona fide employee of such an agent or franchisee acting under such authority; or

(d)     a Traffic Officer appointed under Article 2 of the Motor Traffic (Jersey) Law 1935 acting in the course of the Traffic Officer’s duties,

shall use or keep on a road a vehicle on which there is exhibited a trade licence plate, but nothing in this Article shall operate to prevent a prospective purchaser or hirer of the vehicle from testing or trying it on one or more occasions within a single period of 72 hours.[39]

(3)     No person shall use on a road for the conveyance of passengers for profit or reward a vehicle on which there is exhibited a trade licence.

30      Purposes for which vehicles may be used by virtue of trade licences

Subject to Article 29, the holder of a trade licence may use on a road by virtue of the trade licence a motor vehicle with or without an attached trailer for any of the following purposes –

(a)     its test or trial before, during or immediately after its construction or repair or the fitting or alteration of a body on it;

(b)     proceeding directly to or from any place for its registration under the Law or its inspection by or on behalf of the Inspector;

(c)     its test or trial at the instance of a prospective purchaser or hirer, including proceeding directly to or from the place of the test or trial; or

(d)     its delivery where it proceeds directly –

(i)      between the premises of the holder of the trade licence and the premises of another motor trader,

(ii)      from the premises of the holder of the trade licence to a place from which it is to be transported by ship, aircraft, hovercraft or another vehicle,

(iii)     from a place to which it has been so transported to the premises of the holder of the trade licence, or

(iv)     between the premises of the holder of the trade licence and a garage, auction room or other place at which vehicles are usually or periodically stored or offered for sale and at which it is to be or has been stored or offered for sale.

31      Replacement of trade licences[40]

(1)     If a trade licence has been lost, stolen, destroyed, mutilated, accidentally defaced or become illegible, the holder of the trade licence may apply to the Inspector for the issue of a duplicate licence and upon the Inspector being satisfied as to the loss, theft, destruction, mutilation, defacement or illegibility and, except in the case of loss, theft or destruction, on the surrender of the licence, the Inspector shall issue a duplicate licence upon payment of a fee of £8.00.[41]

(2)     Where a duplicate trade licence has been issued in replacement of an original licence and the original licence is found or recovered, the original shall forthwith be delivered to the Inspector.

(3)     If a trade licence plate has been lost, stolen, destroyed, mutilated, accidentally defaced or become illegible, the holder of the trade licence shall obtain a duplicate plate.

32      Production and inspection of trade licences and trade licence plates

(1)     The holder of a trade licence or a person using or keeping a vehicle on a road by virtue of a trade licence shall produce the licence or trade licence plates for inspection if he or she is at any reasonable time required to do so by the Inspector or a police officer or traffic officer.

(2)     No person other than a person acting on behalf of the Inspector shall –

(a)     deface, mutilate or destroy any trade licence or trade licence plate;

(b)     alter or obliterate any entry made in a trade licence or make any entry in or addition to it; or

(c)     alter or obliterate any letter, numeral or symbol on a trade licence plate or, except as provided in Article 27, make any addition to it.

33      Supply of trade licence particulars

(1)     Upon request made by the Attorney General, a police officer or an officer of an administration of the States for which the Minister is responsible, the Inspector shall supply free of charge such particulars relating to a trade licence or trade licence plates as may be requested.[42]

(2)     Upon request made by a person who satisfies the Inspector that the person has reasonable cause for his or her request and upon payment of £5, the Inspector shall supply –

(a)     the name and address of the person recorded in the register as the assignee of a trade licence mark; and

(b)     such other particulars as are, in the opinion of the Inspector, relevant to the circumstances constituting the reasonable cause for the request.

PART 5

MISCELLANEOUS

34      Citation

This Order may be cited as the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993.

 


SCHEDULE 1[43]

(Article 2)

Particulars of motor vehicles contained in the register

1.

owner’s name, address and contact details in Jersey in Jersey

1A.

owner’s date of birth

2A.

owner’s driving licence number, if delivered to the Inspector

2.

manufacturer

3.

manufacturer’s model description

3A.

vehicle category

4.

particulars of type approval, certificate of approval or certificate of exemption

5.

chassis or frame number

6.

engine number

7.

cubic capacity of engine

8.

engine fuel or power source

9.

body type

10.

seating capacity

11.

colour

12.

overall length

13.

overall width

14.

weight (maximum authorized)

15.

date of registration in Jersey

16.

whether previously registered in Jersey or any other place or never registered

17.

details of registration in any other place before registration in Jersey

18.

previous owners’ names and addresses

19.

odometer reading at last transfer and date

20.

registration mark and date of its assignment

21.

previous registration marks and dates of their assignment

22.

details of any insurance write off

23.

whether or not the vehicle is to be used exclusively as a hire vehicle

24.

CO2 emission rate

25.

whether or not the vehicle is a restricted speed agricultural tractor


SCHEDULE 2[44]

(Article 3)

Requirements for registration of a motor vehicle

1.       Where application is made for the registration under the Law of a motor vehicle which is an agricultural tractor or a moped, light motorcycle, heavy motor cycle, motor car or heavy motor car within the meaning of the Road Traffic (Jersey) Law 1956, the Inspector shall, before registering the vehicle, require the owner to produce –

(a)     evidence satisfactory to the Inspector that the vehicle conforms to the relevant type approval legislation of the United Kingdom;

(b)     (where the vehicle was manufactured in a Member State of the European Union other than the United Kingdom) a certificate of conformity issued pursuant to the Directive, the effect of which is to state that the vehicle can be permanently registered without further approvals in Member States having left-hand traffic and using imperial units of measurement for the purposes of calculating speed and distance;

(c)     (where the vehicle was manufactured in a Member State of the European Union other than the United Kingdom, but it is not a vehicle in respect of which such a certificate of conformity has been issued) evidence satisfactory to the Inspector that the vehicle conforms to the relevant whole vehicle national type approval legislation of that State in accordance with the Directive, and –

(i)      that the vehicle complies with the relevant provisions of the Motor Vehicles (Construction and Use) (Jersey) Order 1998, and the Road Traffic (Lighting) (Jersey) Order 1998, or

(ii)      that to the extent that it does not comply with those provisions of those Orders, a licence has been granted under Article 78 of the Road Traffic (Jersey) Law 1956, providing that they shall not apply to that vehicle or that they shall apply subject to specified modifications, and the vehicle complies with the terms of that licence;

(d)     a certificate of approval issued by the Inspector in respect of the vehicle; or

(e)     a certificate of exemption issued by the Inspector in respect of the vehicle.

2.       For the purposes of paragraph 1(a) –

(a)     “relevant type approval legislation of the United Kingdom” means –

(i)      such of the following regulations of the United Kingdom as the same may be in force from time to time and as may pertain to the vehicle which is the subject of the application for registration –

(A)    Motor Vehicles (Type Approval) Regulations 1980 of the United Kingdom;

(B)     Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 of the United Kingdom;

(C)     Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 of the United Kingdom; and

(D)    Motor Vehicles (Type Approval) (EEC Manufacturers) Regulations 1981 of the United Kingdom; or

(ii)      any other legislation of the United Kingdom in respect of the type approval of motor vehicles which pertains to the vehicle which is the subject of the application for registration; and

(b)     satisfactory evidence that the vehicle conforms with the relevant type approval legislation of the United Kingdom shall include evidence that there exists a certificate of conformity issued by the manufacturer of the vehicle in respect of the vehicle.

3.       For the purposes of paragraph 1(c) –

(a)     “relevant whole vehicle national type approval legislation” means any of the following administrative procedures which pertain to the vehicle which is the subject of the application for registration –

(i)      “agrément par type”/“typegoedkeuring” in Belgian law,

(ii)      “standardtypegodkendelse” in Danish law,

(iii)     “allgemeine Betriebserlaubnis” in German law,

(iv)     “έγχοιση τuπον” in Greek law,

(v)     “homologacion de tipo” in Spanish law,

(vi)     “réception par type” in French law,

(vii)    “type approval” in Irish law,

(viii)   “omologazione” or “approvazione del tipo” in Italian law,

(ix)     “agrément” in Luxembourg law,

(x)     “typegoedkeuring” in Netherlands law,

(xi)     “aprovaçao de marca e modelo” in Portuguese law; and

(b)     satisfactory evidence that the vehicle conforms with the relevant whole vehicle national type approval legislation shall include evidence that there exists a certificate issued by the manufacturer of the vehicle to the effect that the vehicle conforms to a type approved by a specified procedure which shall be one of the administrative procedures listed in sub-paragraph (a), and where the certificate is in a language other than English, the Inspector may require that it be accompanied by a certified translation of the certificate.

4.       For the purposes of paragraph 1(d) –

(a)     on payment to the Inspector of a fee of £457.00 for motor cars and heavy motor cars and £124.00 for agricultural tractors, mopeds, light motorcycles and heavy motorcycles, which shall not be refundable in any circumstances;

(b)     on production at the office of the Inspector, or such other place as the Inspector may designate, of the vehicle which it is sought to register; and

(c)     on the Inspector being satisfied, following such inspection, examination, trial and testing as the Inspector may consider necessary, that the vehicle and its systems and components specified in the table below are of a standard and in a condition required for the safe operation of the vehicle on the road,

the Inspector may issue a certificate of approval in respect of the vehicle.

Table of systems and components

(i)      door latches and hinges

(ii)      radio interference suppression

(iii)     steering

(iv)     petrol or diesel emissions

(v)     headlamps

(vi)     side lamps

(vii)    rear and stop lamps

(viii)   reflectors

(ix)     turn indicators

(x)     rear view mirrors

(xi)     anti-theft devices

(xii)    seat belts and anchorages and their installation

(xiii)   brakes

(xiv)   noise and silencers

(xv)    glass

(xvi)   seats and anchorages

(xvii)  tyres

(xviii) interior fittings

(xix)   exterior fittings

(xx)    speedometer

(xxi)   rear fog lamps

(xxii)  windscreen wipers and washers

(xxiii) defrosting and demisting equipment

(xxiv) lighting installation

(xxv)  unleaded petrol requirements.

5.       For the purposes of paragraph 1(e), where the Inspector is satisfied that –

(a)     a vehicle sought to be registered under the Law was manufactured not less than 25 years before the date on which application was made for its registration;

(b)     compliance with the requirements for the issue of a certificate of approval under paragraph 1(d) would significantly detract from the historical character of the vehicle; and

(c)     failure of the vehicle so to comply would not cause undue risk to road users,

and upon payment of a fee of £99.00, the Inspector may issue a certificate of exemption in respect of the vehicle.

5A.    Where an application is made under the Law for the registration of any motor vehicle, the Inspector shall, before registering the vehicle, require to be discharged any liability for any outstanding duty or tax payable in respect of the vehicle –

(a)     under the Customs and Excise (Jersey) Law 1999;

(b)     under the Goods and Services Tax (Jersey) Law 2007; or

(c)     which is otherwise payable to Agent of the Impôts.

6.       Additional requirement for vehicles previously registered outside Jersey

(1)     Where an application for registration relates to a motor vehicle previously registered outside Jersey, the Inspector shall, before registering the vehicle, require the owner to produce (in addition to producing such evidence or certificate as is necessary for the purposes of paragraph 1) evidence satisfactory to the Inspector of the previous registration of the vehicle.

(2)     For the purposes of sub-paragraph (1) –

(a)     on payment to the Inspector of a fee of £39.00; and

(b)     on production at the office of the Inspector, or such other place as the Inspector may designate, of the vehicle in question,

the Inspector shall cause the vehicle to be inspected.


SCHEDULE 3[45]

(Article 5)

Application form

Title: Application form - Description: Image of application to register a motor vehicle form


 

 

Title: Application form - Description: Image of notes to assist in application to register a motor vehicle form

 

 


SCHEDULE 4[46]

(Article 6)

form of registration document

 

Title: Form of registration document - Description: Image of registration document

 

Title: Form of registration document - Description: Image of reverse of registration document

 SCHEDULE 4A[47]

(Article 22)

Withdrawal of registration marks and assignment of particular registration marks

1        Interpretation

In this Schedule –

“mark-right” has the meaning given by paragraph 3(1);

“published form” in relation to an application, means the form for making that application, published by the Inspector in a manner appearing likely to the Inspector to bring it to the attention of the public.

2        Withdrawal of registration mark at request of owner

(1)     An owner of a registered motor vehicle, who wishes to change the registration mark assigned to that vehicle, may apply, on the published form duly completed, for the registration mark to be withdrawn.

(2)     Sub-paragraph (3) applies if the Inspector receives –

(a)     an application under sub-paragraph (1) in respect of a registered motor vehicle;

(b)     a fee of £97.00;

(c)     the vehicle’s current registration document, if that document has not been issued as an electronic communication; and

(d)     any other evidence that the Inspector may reasonably require in relation to the registration of the vehicle and the person’s compliance with this Order.

(3)     The Inspector shall withdraw the registration mark assigned to that vehicle and shall assign to that vehicle another registration mark, being –

(a)     the particular registration mark applied for under paragraph 3, if that paragraph so requires; or

(b)     if that paragraph does not so require, a registration mark determined by the Inspector under Article 5A(4) of the Law.

(4)     On assigning a registration mark under sub-paragraph (3), the Inspector shall amend the register and the registration document accordingly.

(5)     An application under sub-paragraph (1) may be delivered to the Inspector as an electronic communication in such manner as the Inspector approves.

3        Assignment of a particular registration mark under a mark-right

(1)     This paragraph applies if the Inspector grants, under paragraph 4 or 5, to a person a right (a “mark-right”) to the assignment of a particular registration mark.

(2)     The Inspector shall assign that registration mark to a motor vehicle if the person to whom the mark-right was granted, within 6 months of the grant or such other extended time period as the Inspector may allow under sub-paragraph (4) –

(a)     applies, as the owner of that vehicle, to the Inspector –

(i)      to register, under Article 4 of the Law, the vehicle, or

(ii)      if the vehicle is registered, to withdraw, under paragraph 2, the registration mark for the time being assigned to it;

(b)     applies on the published form, duly completed, for the assignment to that vehicle of that registration mark; and

(c)     surrenders to the Inspector the mark-right document in respect of that mark-right, and provides to the Inspector any further evidence the Inspector may reasonably require as to the registration of the vehicle and the person’s compliance with this Order.

(3)     A mark-right expires –

(a)     when the registration mark is assigned under sub-paragraph (2); or

(b)     6 months after it was granted, if the person to whom it was granted has not by that time met the requirements of all of clauses (a) to (c) of that sub-paragraph.

(4)     The Inspector may, on the application of a person and on receipt of a fee of £93.00, extend the period of 6 months referred to in sub-paragraphs (2) and (3) by a further period of not more than 6 months.

4        Grant of mark-right for registration mark that ceases to be assigned to a vehicle

(1)     Paragraph (2) applies if –

(a)     the owner of a registered motor vehicle notifies the Inspector under Article 5(1)(c) of the Law, and the Inspector cancels the registration under paragraph (5)(b) of that Article; or

(b)     the Inspector withdraws the registration mark assigned to a vehicle, on the application of the owner under paragraph 2 of this Schedule.

(2)     The Inspector shall grant a mark-right in respect of the registration mark that, immediately before the cancellation or withdrawal, was the mark assigned to the vehicle –

(a)     to the owner, if the owner applies to the Inspector, on the published form, duly completed and accompanied by a fee of £97.00, for the grant of the mark-right to the owner; or

(b)     to a person other than the owner, if the owner and that other person apply jointly to the Inspector, on the published form, duly completed and accompanied by a fee of £112.00, for the grant of the mark-right to that other person.

(3)     The form published for the purpose of sub-paragraph (2)(b) shall include –

(a)     a part for the owner of the vehicle to complete to indicate that the owner consents to the grant of the mark-right to the other person, and understands the consequences of doing so; and

(b)     another part for the other person to complete to indicate that that other person understands the requirements of the Law and this Order for the exercise of the mark-right, and understands that the mark-right is not transferable once granted.

(4)     If more than one relevant application is made at the same time (whether by one person or more than one person, and whether in respect of one vehicle or more than one vehicle), a person making any of the applications may, by duly completing a part included for that purpose in the published application form, make that application conditional on the grant or simultaneous putting into effect of any other of those applications.

(5)     If, by virtue of the granting of relevant applications that are made conditional under sub-paragraph (4), the registration marks assigned to 2 or more vehicles are exchanged simultaneously between those vehicles, the fees charged for the relevant applications shall be limited to £97.00 in total per vehicle.

(6)     For the purpose of sub-paragraphs (4) and (5) a relevant application is an application –

(a)     under paragraph 2(1), for the withdrawal of a registration mark;

(b)     under paragraph 3(2)(b), for the assignment of a registration mark under a mark-right; or

(c)     under sub-paragraph (2) of this paragraph, for the grant of a mark-right.

(7)     If the owner of 2 motor vehicles, one of which is registered and the other not, applies –

(a)     under paragraph 2 for the registration mark to be withdrawn from the registered vehicle and a new registration mark to be assigned to it under sub-paragraph (3)(b) of that paragraph;

(b)     under this paragraph for the grant of a mark-right in respect of the withdrawn registration mark;

(c)     under Article 5 for the registration of the unregistered vehicle; and

(d)     under paragraph 3 for the assignment of the registration mark under the mark-right to the vehicle that is being registered,

the Inspector shall, if all the applications are granted and are put into effect simultaneously, waive the fee under paragraph 2, and offset the fee under Article 5 against the fee under this paragraph.

5        Grant of mark-right in relation to unassigned registration mark selected by Inspector

(1)     The Inspector may select a registration mark for the purpose of making arrangements to grant a mark-right in respect of that registration mark.

(2)     The registration mark selected shall be one that –

(a)     is not for the time being assigned to any motor vehicle;

(b)     is determined in accordance with Article 20(1)(b) and (c); and

(c)     is not to be assigned to a vehicle that is to be used exclusively as a hire vehicle.

(3)     The Inspector may make arrangements to grant the selected mark-right –

(a)     by private sale to a person willing to buy it at a price agreed with the Inspector;

(b)     by seeking tenders from a group of persons or from the public;

(c)     by auction; or

(d)     by any other means appearing to the Inspector to be efficient in raising funds through the arrangements and to be proportionate in formality to the amount likely to be raised.

(4)     The Inspector, having made arrangements to grant a mark-right under sub-paragraph (3), shall grant that mark-right to a person if –

(a)     the Inspector agrees, under those arrangements, with the person to grant that mark-right to that person on payment by that person of an amount agreed under those arrangements (whether agreed by acceptance of a published price, by successful tender, by successful bid at auction or by any other means);

(b)     the person pays, under those arrangements, that agreed amount; and

(c)     the person signs a document (by any means, including electronic communication, that may be permitted or required under the arrangements) to acknowledge that the person has been informed of such effects of this Order or the Law on that right as may be specified in that document by the Inspector.

(5)     The Minister may issue a direction or guidance to the Inspector as to any aspect of the means by which arrangements are to be made under this paragraph in respect of any description of mark-right.

(6)     If the Minister issues a direction or guidance –

(a)     the Minister shall send it in writing to the Inspector and publish it in a manner appearing to the Minister likely to bring it to the attention of the public; and

(b)     the Inspector shall act in accordance with the direction, or take account of the guidance.

6        Certification of mark-right by mark-right document

(1)     If the Inspector grants, under paragraph 4 or 5, a mark-right to a person, the Inspector shall issue to the person a document (a “mark-right document”) certifying –

(a)     that the person (whose name and address are specified in the document) has the mark-right in respect of the registration mark specified in the document;

(b)     that the person –

(i)      has complied with paragraph 4, if the mark-right was granted under that paragraph, or

(ii)      has paid the agreed amount, as specified in the document, if the mark-right was granted under paragraph 5; and

(c)     that the mark-right was granted on the date specified in the document and accordingly will be extinguished on the date 6 months after that date if not exercised before then.

(2)     The Inspector may correct, cancel or replace a mark-right document in the equivalent circumstances (including as to payment of fees) in which the Inspector may correct, cancel or replace a registration document.

7        Delegation by Inspector

(1)     The Inspector may delegate, in writing and subject to any condition or restriction specified, to another person any function under this Schedule in relation to any one or more of –

(a)     the determination of a registration mark for assignment to a vehicle;

(b)     the assignment of a registration mark to a vehicle; or

(c)     the making of arrangements under paragraph 5(3)(b) or (c) to grant a selected mark-right; and

(d)     the grant under paragraph 5(4) of a mark-right under arrangements made under paragraph 5(3)(b) or (c) (including making an agreement under paragraph 5(4)(a), taking payment under paragraph 5(4)(b), or providing a document under paragraph 5(4)(c)).

(2)     If a function falling within sub-paragraph (1)(c) or (d) is delegated to a person who is not a States’ employee (within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005), the Inspector may, with the consent of the Minister, agree with that person a scheme by which the person –

(a)     may be paid from funds raised in performing the function, whether by commission or otherwise; or

(b)     may pay the Inspector in advance for the right to keep some or all of the funds raised.

8        Delay, refusal, withdrawal and appeal

(1)     The Inspector may delay the grant of a mark-right or the assignment of a registration mark under this Schedule until the Inspector has taken any action under any of Articles 12 to 18 in respect of the registration of the vehicle concerned.

(2)     The Inspector may refuse the grant or assignment –

(a)     if the Inspector is not satisfied as to the result of action mentioned in sub-paragraph (1);

(b)     if the Inspector is satisfied, after inviting and considering representations from the person applying for the grant or assignment, that it is proportionate to do so –

(i)      in the case of a grant of a mark-right under paragraph 4, on the ground that the person would not have been entitled to that grant but for having contravened Article 5(1)(c) of the Law,

(ii)      in the case of an assignment of a registration mark under a mark-right granted under paragraph 4, on the ground that the grant of that mark-right would have been refused under sub-clause (i) if the Inspector had known of that contravention before that grant, or

(iii)     for other exceptional reasons related to the prevention of crime or to the protection of the reputation and integrity of Jersey in respect of its registration scheme.

(3)     The Inspector may withdraw from a vehicle a registration mark assigned under a mark-right, and assign another registration mark determined by the Inspector under Article 5A(1)(a)(i) or (ii) of the Law, if the Inspector is satisfied, after inviting and considering representations from the owner of the vehicle –

(a)     that it is proportionate to do so on the ground that the mark would not have been assigned but for a contravention of a requirement of this Order or the Law by or on behalf of the owner; or

(b)     if the Attorney-General consents to the withdrawal, that the mark-right was obtained through the use of money or property that –

(i)      was or represented the proceeds of criminal conduct, within the meaning of the Proceeds of Crime (Jersey) Law 1999, or

(ii)      could have been forfeited under Article 29 of the Misuse of Drugs (Jersey) Law 1978, Article 26 of the Terrorism (Jersey) Law 2002 or Article 9 of the Proceeds of Crime (Cash Seizure) (Jersey) Law 2008.

(4)     The Inspector shall, on exercising a power under sub-paragraph (2) or (3), give written notice (by post, electronic communication or otherwise) of the decision to exercise the power, including reasons, to the person whose application is refused or to the owner of the vehicle from which the mark-right is withdrawn.

(5)     A person notified under sub-paragraph (4) of the exercise of a power may, within 28 days of the giving of the notification, appeal to the Royal Court on the ground that the exercise of the power was unreasonable having regard to all the circumstances of the case.

(6)     Reasons given under sub-paragraph (4) need not include any reasons for the giving of the Attorney-General’s consent under sub-paragraph (3)(b).

9        Mark-right not transferable

(1)     A mark-right is not transferable.

(2)     Sub-paragraph (1) is without prejudice –

(a)     to any vesting of a mark-right in a person by operation of law; and

(b)     to the grant of a mark-right to a person other than the owner under paragraph 4(2)(b).

10      Alteration of use to or from hire

(1)     On receipt by the Inspector of an application under Article 7 with respect to the alteration of the use of a vehicle to use exclusively as a hire vehicle, the Inspector shall re-assign the registration mark assigned to the vehicle so as to include the distinguishing mark referred to in Article 20(1)(a), amend the register accordingly and issue to the owner of the vehicle a registration document in respect of the vehicle recording its new registration mark.

(2)     On receipt by the Inspector of an application under Article 7 with respect to the alteration of the use of a vehicle from use exclusively as a hire vehicle, the Inspector shall re-assign the registration mark assigned to the vehicle so as to remove the distinguishing mark referred to in Article 20(1)(a), amend the register accordingly and issue to the owner of the vehicle a registration document in respect of the vehicle recording its new registration mark.


SCHEDULE 5[48]

(Article 23)

Requirements as to registration marks

PART 1

PRELIMINARY

1        Interpretation

In this Schedule, unless the context otherwise requires–

“figure” means a letter or numeral;

“hours of darkness” means the time between half an hour after sunset and half an hour before sunrise;

“moped”, “motorcycle” and “trailer” have the meanings assigned to them respectively in the Road Traffic (Jersey) Law 1956;

“number plate” means the plate on which the registration mark of a vehicle is required to be exhibited in accordance with paragraph 2;

“pedestrian controlled vehicle” means a motor vehicle with 3 or more wheels which –

(a)     does not exceed 8 hundredweight in weight unladen; and

(b)     is not designed, constructed or adapted for use nor used for the carriage of a driver or passenger;

“works truck” means a motor vehicle which is –

(a)     designed for use in private premises; and

(b)     used on a road only in passing from one part of any such premises to another or to other private premises in the immediate neighbourhood, or in connection with road works while at or in the immediate neighbourhood of the site of such works.

PART 2

DISPLAY OF REGISTRATION MARKS

2        Exhibition of registration marks

(1)     Except as provided by paragraphs 8(5) and 9(4), the registration mark of a vehicle shall be exhibited on a flat rectangular plate.

(2)     Subject to Article 20, the registration mark shall conform with the following provisions of this Schedule.

3        Position and visibility of registration marks

(1)     The registration mark of any vehicle, not being a motor cycle, moped or works truck, shall be exhibited on the front and on the back of the vehicle in a vertical position, so that every letter and numeral of the registration mark is vertical and easily distinguishable, in the case of –

(a)     the registration mark placed on the front of the vehicle, from in front of the vehicle; and

(b)     the registration mark placed on the back of the vehicle, from behind the vehicle.

(2)     The registration mark of a motor cycle or moped shall be exhibited on the back of the vehicle in a vertical position, so that every letter and numeral of the registration mark is vertical and easily distinguishable from behind the vehicle.

(3)     The registration mark of a works truck shall be exhibited on both sides or on the back of the vehicle, in a vertical position so that every letter and numeral of the registration mark is vertical and easily distinguishable, in the case of –

(a)     the registration mark placed on any side of the vehicle, from that side; and

(b)     the registration mark placed on the back of the vehicle, from behind the vehicle.

(4)     No other letters or numerals and no object, image, design or ornamentation shall be placed near to a registration mark in such a manner as to be liable to render it more difficult for the registration mark to be read or distinguished when the vehicle is in motion.

4        Exhibition of registration marks on trailers

(1)     Subject to sub-paragraph (2), when one or more trailers are drawn by a vehicle, the registration mark required to be exhibited on the back of that vehicle, or a duplicate of such registration mark, shall be exhibited on the back of the rearmost trailer in the same manner as the registration mark is required to be exhibited on the back of that vehicle.

(2)     ...

5        Illumination of registration marks

Whenever a vehicle, not being a works truck, is upon a public road during the hours of darkness, the registration mark exhibited on the back of the vehicle or on the rearmost trailer attached to the vehicle, as the case may be, shall be illuminated by means of reflection, transparency or otherwise so as to render easily distinguishable every letter and numeral of the registration mark:

Provided that this paragraph shall not apply to any vehicle if, by virtue of any provision of Articles 4 to 8 of the Road Traffic (Lighting) Order 1998, it is exempted either wholly or partly from the requirements of that Order to show lights to the front and rear.

PART 3

FORM OF REGISTRATION MARKS

Part III - Form of Registration Marks - Diagram 1

DIAGRAM 1

Part III - Form of Registration Marks - Diagram 2

DIAGRAM 2

6        Arrangement of registration marks

(1)     Subject to sub-paragraphs (2) and (3), the registration mark shall, at the option of the owner of the vehicle, be arranged in conformity with either of the specimen registration marks shown in diagram 1 or diagram 2 of this Part.

(2)     Where the registration plate is arranged in conformity with diagram 1, the index mark shall be on the upper line, the numerals indicating units, tens and hundreds shall be on the lower line, and any other numerals shall be on the upper line.

(3)     The registration mark of a motor cycle shall comply with diagram 1.

7        Material displayed on number plate

No material, other than a registration mark, shall be displayed on a number plate within the margins specified in the tables in paragraphs 8 or 9 except material complying with the requirements of the relevant British Standards with which such plates are required by this Order to comply.

8        Form of number plates – pre 1976 vehicles

(1)     This paragraph applies to vehicles constructed on or before 31st December 1975.

(2)     The number plate shall –

(a)     be formed of white, silver or light grey characters on a black surface, and every character shall be so indelibly inscribed on, or so attached to, such surface that it cannot readily be detached from it, and if the characters are exhibited on a number plate, the plate may be constructed of cast or pressed metal having raised figures;

(b)     if the number plate and registration mark are so designed and constructed that they may be illuminated from behind by means of the translucency of the characters, be formed of white characters on a black surface and all the characters shall, when the number plate and registration mark are illuminated during the hours of darkness, appear white against a black background; or

(c)     be constructed of reflex reflecting material and –

(i)      the registration mark, if displayed at the front of the vehicle, shall be formed of black characters against a white background constructed of reflex reflecting material, but no reflecting material shall be applied to any part of the black characters,

(ii)      the registration mark, if displayed on the back of the vehicle, shall be formed of black characters against a yellow background constructed of reflex reflecting material, but no reflecting material shall be applied to any part of the black characters, and

(iii)     subject to sub-paragraph (4), comply with the requirements of the British Standard Specification for reflex-reflecting number plates published on 31st October 1967 under the number BS. AU 145.

(3)     Subject to sub-paragraph (5), where the number plate complies with sub-paragraph (2)(a) or (b), the size and spacing of the characters shall comply with either Group 1 or Group 2 in the following table –

Characters

Group 1

Group 2

Height

89mm

79mm

Width (except the number 1)

64mm

57mm

Stroke

16mm

14mm

Side margin

25mm

11mm

Top & bottom margin

13mm

11mm

Space between characters

13mm

11mm

 

(4)     Subject to sub-paragraph (5), where the number plate complies with sub-paragraph (2)(c), the size and spacing of the characters shall comply with Group 1, Group 2 or Group 3 in the following table –

 

Characters

Group 1

Group 2

Group 3

Height

89mm

79mm

79mm

Width (except the figure 1or letter l)

64mm

57mm

50mm

Stroke

16mm

14mm

14mm

Space between characters

13mm

11mm

11mm

Side margins (minimum)

13mm

11mm

11mm

Space between vertical lines

19mm

19mm

19mm

 

and where compliance is with Group 3, the characters shall be in the prescribed font and the plate shall comply with the requirements of British Standard Specification No. BS. AU. 145d.

(5)     In the case of a motor cycle, moped or pedestrian controlled vehicle, where the number plate complies with sub-paragraph (2)(a), (b) or (c) and is on the back of the vehicle, the corners of the plate may be rounded off and the size and spacing of the characters shall comply with the following table –

 

Character Height

64mm

Character Width

44mm

Character Stroke

10mm

Space between characters

10mm

Top, side & bottom margin

11mm

Space between vertical lines

13mm

9        Form of number plate – post 1976 vehicles

(1)     This paragraph shall apply to vehicles constructed on or after the 1st January 1976.

(2)     The number plate shall be constructed of reflex reflecting material and –

(a)     the registration mark, if displayed at the front of the vehicle, shall be formed of black characters against a white background constructed of reflex reflecting material, but no reflecting material shall be applied to any part of the black characters;

(b)     the registration mark, if displayed on the back of the vehicle, shall be formed of black characters against a yellow background constructed of reflex reflecting material, but no reflecting material shall be applied to any part of the black characters; and

(c)     subject to sub-paragraph (4), comply with the requirements of the British Standard Specification for reflex-reflecting number plates published on 31st October 1967 under the number BS. AU 145a.

(3)     Subject to sub-paragraph (4), the size and spacing of the characters shall comply with Group 1, Group 2 or Group 3 in the following table –

 

Characters

Group 1

Group 2

Group 3

Height

89mm

79mm

79mm

Width (except the figure 1or letter l)

64mm

57mm

50mm

Stroke

16mm

14mm

14mm

Space between characters

13mm

11mm

11mm

Side margins (minimum)

13mm

11mm

11mm

Space between vertical lines

19mm

19mm

19mm

 

and where compliance is with Group 3, the characters shall be in the prescribed font and the plate shall comply with the requirements of British Standard Specification No. BS. AU. 145d.

(4)     In the case of a motor cycle, moped or pedestrian controlled vehicle, where the number plate complies with sub-paragraph (2)(c) and is on the back of the vehicle, the corners of the plate may be rounded off and the size and spacing of the characters shall comply with the following table –

 



Character Height

64mm

Character Width

44mm

Character Stroke

10mm

Space between characters

10mm

Top, side & bottom margin

11mm

Space between vertical lines

13mm

 

PART 4

FONT PRESCRIBED FOR CHARACTERS 79 MILLIMETERS IN HEIGHT

Part IV - font prescribed for characters 79 millimeters in height


part 5

FORM OF distinguishing mark forMING PART OF REGISTRATION MARK IN THE CASE OF a hire vehicle

A.         HIRE VEHICLE REGISTRATION MARK CONFORMING TO DIAGRAM NO. 1 IN PART III

A. Hire vehicle registration mark conforming to Diagram No.1 in Part III

B.         HIRE VEHICLE REGISTRATION MARK CONFORMING TO DIAGRAM NO. 2 IN PART III

B. Hire vehicle registration mark conforming to Diagram No.2 in Part III

 


 

SCHEDULE 6[49]

(Article 24)

Form of application for a trade licence or its renewal

Title: Application form - Description: Image of form for an application for a trade licence or its renewal

SCHEDULE 7[50]

(Article 25)

Form of trade licence

Title: Form of Trade Licence - Description: Image of trade licence plate

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Motor Vehicle Registration (General Provisions) (Jersey) Order 1993

R&O.8632

1 January 1994

Motor Vehicle Registration (General Provisions) (Amendment) (Jersey) Order 1994

R&O.8752

1 January 1995

Motor Vehicle Registration (General Provisions) (Amendment No. 2) (Jersey) Order 1995

R&O.8839

1 July 1995

Motor Vehicle Registration (General Provisions) (Amendment No. 3) (Jersey) Order 1995

R&O.8880

1 January 1996

Motor Vehicle Registration (General Provisions) (Amendment No. 4) (Jersey) Order 1996

R&O.8976

1 January 1997

Motor Vehicle Registration (General Provisions) (Amendment No. 5) (Jersey) Order 1997

R&O.9158

1 January 1998

Motor Vehicle Registration (General Provisions) (Amendment No. 6) (Jersey) Order 1998

R&O.9270

1 January 1999

Motor Vehicle Registration (General Provisions) (Amendment No. 7) (Jersey) Order 1999

R&O.9454

I January 2000

Motor Vehicle Registration (General Provisions) (Amendment No. 8) (Jersey) Order 2000

R&O.104/2000

1 January 2001

Motor Vehicle Registration (General Provisions) (Amendment No. 9) (Jersey) Order 2001

R&O.162/2001

1 January 2002 (Articles 1, 2, 6(1), 6(2) in force 22 November 2001)

Motor Vehicle Registration (General Provisions) (Amendment No. 10) (Jersey) Order 2002

R&O.128/2002

1 January 2003

Motor Vehicle Registration (General Provisions) (Amendment No. 11) (Jersey) Order 2003

R&O.159/2003

1 January 2004

Motor Vehicle Registration (General Provisions) (Amendment No. 12) (Jersey) Order 2004

R&O.118/2004

1 January 2005

Motor Vehicle Registration (General Provisions) (Amendment No. 13) (Jersey) Order 2004

R&O.163/2004

1 January 2005

States of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations 2005

R&O.47/2005

9 December 2005

Motor Vehicle Registration (General Provisions) (Amendment No. 14) (Jersey) Order 2005

R&O.115/2005

1 January 2006

Motor Vehicle Registration (General Provisions) (Amendment No. 15) (Jersey) Order 2007

R&O.21/2007

1 February 2007

Motor Vehicle Registration (General Provisions) (Amendment No. 16) (Jersey) Order 2007

R&O.169/2007

1 January 2008

Motor Vehicle Registration (General Provisions) (Amendment No. 17) (Jersey) Order 2008

R&O.163/2008

1 January 2009

Transport and Technical Services (Driver and Vehicle Standards – 2010 Fees and Miscellaneous Provisions) (Jersey) Order 2009

R&O.141/2009

1 January 2010

Motor Vehicle Registration (General Provisions) (Amendment No. 18) (Jersey) Order 2010

R&O.83/2010

1 September 2010

Transport and Technical Services (Driver and Vehicle Standards – 2011 Fees) (Jersey) Order 2010

R&O.121/2010

1 January 2011

Transport and Technical Services (Driver and Vehicle Standards – 2012 Fees) (Jersey) Order 2011

R&O.163/2011

1 January 2012

Transport and Technical Services (Driver and Vehicle Standards – 2013 Fees) (Jersey) Order 2012

R&O.134/2012

1 January 2013

Motor Vehicle Registration (General Provisions) (Amendment No. 19) (Jersey) Order 2013

R&O.144/2013

22 November 2013

Transport and Technical Services (Driver and Vehicle Standards – 2014 Fees) (Jersey) Order 2013

R&O.155/2013

1 January 2014

States of Jersey Police Force (Consequential Amendments) (Jersey) Regulations 2014

R&O.88/2014

1 August 2014

(R&O.87/2014)

Transport and Technical Services (Driver and Vehicle Standards – 2015 Fees) (Jersey) Order 2014

R&O.211/2014

1 January 2015

Motor Vehicle Registration (General Provisions) (Amendment No. 20) (Jersey) Order 2015

R&O.165/2015

1 January 2016

Infrastructure (Driver and Vehicle Standards – 2016 Fees) (Jersey) Order 2015

R&O.167/2015

1 January 2016

Infrastructure (Driver and Vehicle Standards – 2017 Fees) (Jersey) Order 2016

R&O.139/2016

1 January 2017

Infrastructure (Driver and Vehicle Standards – 2018 Fees) (Jersey) Order 2017

R&O.133/2017

1 January 2018

Infrastructure (Driver and Vehicle Standards – 2019 Fees) (Jersey) Order 2018

R&O.144/2018

1 January 2019

Motor Vehicle Registration (General Provisions) (Amendment No. 21) (Jersey) Order 2019

R&O.32/2019

12 April 2019

Infrastructure (Driver and Vehicle Standards – 2020 Fees) (Jersey) Order 2019

R&O.142/2019

1 January 2020

Infrastructure (Driver and Vehicle Standards – 2021 Fees) (Jersey) Order 2020

R&O.147/2020

1 January 2021

Table of Renumbered Provisions

Original

Current

PART I

PART 1

1(1)

1

  (2), (3), (4)

spent, omitted from this revised edition

PART II

PART 2

10A

11

11

12

12

13

13

14

14

15

15

16

16

17

17

18

18

19

PART III

PART 3

19

20

20

21

21 (3A)

22(4)

     (4)

    (5)

22

23

PART IV

PART 4

23

24

24

25

25

26

26

27

27

28

28

29

   (ba)

   (c)

   (c)

   (d)

29

30

30

31

31

32

32

33

PART V

PART 5

33

34

FIRST SCHEDULE

SCHEDULE 1

SECOND SCHEDULE

SCHEDULE 2

THIRD SCHEDULE

SCHEDULE 3

FOURTH SCHEDULE

SCHEDULE 4

FIFTH SCHEDULE

SCHEDULE 5

SIXTH SCHEDULE

SCHEDULE 6

SEVENTH SCHEDULE

SCHEDULE 7

Table of Endnote References



[1]                                     This Order has been amended by the States of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

[2] Article 1                      substituted by R&O.162/2001; amended by R&O.159/2003, R&O.163/2004, R&O.141/2009, R&O.83/2010, R&O.32/2019

[3] Article 1                      amended by R&O.165/2015

[4] Article 4                      amended by R&O.8839

[5] Article 5                      amended by R&O.8752, R&O.8880, R&O.8976, R&O.9158, R&O.9270, R&O.9454, R&O.104/2000, R&O.162/2001, R&O.128/2002, R&O.159/2003, R&O.118/2004, R&O.115/2005, R&O.21/2007, R&O.169/2007, R&O.163/2008, R&O.141/2009, R&O.83/2010, R&O.121/2010, R&O.163/2011, R&O.134/2012, R&O.155/2013, R&O.211/2014, R&O.167/2015, R&O.139/2016, R&O.133/2017, R&O.144/2018, substituted by R&O.32/2019

[6] Article 5(1)                  amended by R&O.142/2019, R&O.174/2020

[7] Article 6(1A)                inserted by R&O.32/2019

[8] Article 6(3)                  inserted by R&O.32/2019

[9] Article 7                      heading amended by R&O.159/2003

[10] Article 7(1)                 amended by R&O.159/2003, renumbered and amended by R&O.32/2019

[11] Article 7(2)                 inserted by R&O.32/2019

[12] Article 7(3)                 inserted by R&O.32/2019

[13] Article 8                     heading amended by R&O.144/2013

[14] Article 8(1)                 amended by R&O.144/2013, renumbered and amended by R&O.32/2019

[15] Article 8(2)                 inserted by R&O.32/2019

[16] Article 8(3)                 inserted by R&O.32/2019

[17] Article 9(1)                 renumbered and amended by R&O.32/2019

[18] Article 9(2)                 inserted by R&O.32/2019

[19] Article 9(3)                 inserted by R&O.32/2019

[20] Article 10(1)               renumbered and amended by R&O.32/2019

[21] Article 10(2)               inserted by R&O.32/2019

[22] Article 10(3)               inserted by R&O.32/2019

[23] Article 11                   inserted by R&O.8839

[24] Article 12(1)               amended by R&O.8839, R&O.144/2013

[25] Article 12(2)               inserted by R&O.8839

[26] Article 13                   amended by R&O.159/2003

[27] Article 14                   substituted by R&O.144/2013

[28] Article 17(1)               amended by R&O.9270, R&O.21/2007, R&O.169/2007, R&O.163/2008, R&O.141/2009, R&O.121/2010, R&O.163/2011, R&O.134/2012, R&O.155/2013, R&O.211/2014, R&O.167/2015

[29] Article 19(1)               amended by R&O.88/2014

[30] Article 19(2)               amended by R&O.9270, R&O.21/2007, R&O.169/2007, R&O.163/2008, R&O.141/2009, R&O.121/2010, R&O.163/2011, R&O.134/2012, R&O.155/2013, R&O.211/2014, R&O.167/2015, R&O.174/2020

[31] Article 20                   substituted by R&O.159/2003

[32] Article 22                   substituted by R&O.144/2013

[33] Article 24                   substituted by R&O.144/2013

[34] Article 24(1)               amended by R&O.155/2013, R&O.211/2014, R&O.167/2015, R&O.139/2016, R&O.133/2017, R&O.144/2018, renumbered by R&O.32/2019, amended by R&O.32/2019, R&O.142/2019, R&O.174/2020

[35] Article 24(2)               inserted by R&O.32/2019

[36] Article 25                   substituted by R&O.144/2013

[37] Article 26                   substituted by R&O.144/2013

[38] Article 27                   amended by R&O.144/2013

[39] Article 29(2)               amended by R&O.9270

[40] Article 31                   substituted by R&O.144/2013

[41] Article 31(1)               amended by R&O.155/2013, R&O.211/2014, R&O.167/2015

[42] Article 33(1)               amended by R&O.88/2014

[43] Schedule 1                 amended by R&O.8839, R&O.128/2002, R&O.159/2003, R&O.83/2010, R&O.165/2015, R&O.32/2019

[44] Schedule 2                 amended by R&O.8752, R&O.8880, R&O.8976, R&O.9158, R&O.9270, R&O.9454, R&O.104/2000, R&O.162/2001, R&O.128/2002, R&O.159/2003, R&O.118/2004, R&O.115/2005, R&O.21/2007, R&O.169/2007, R&O.163/2008,  R&O.141/2009, R&O.83/2010, R&O.121/2010, R&O.163/2011, R&O.134/2012, R&O.155/2013, R&O.211/2014, R&O.167/2015, R&O.139/2016, R&O.133/2017, R&O.144/2018, R&O.142/2019, R&O.174/2020

[45] Schedule 3                 substituted by R&O.83/2010, amended by R&O.167/2015, R&O.32/2019

[46] Schedule 4                 amended by R&O.159/2003, R&O.32/2019

[47] Schedule 4A               inserted by R&O.144/2013, amended by R&O.155/2013, R&O.211/2014, R&O.167/2015, R&O.139/2016, R&O.133/2017, R&O.144/2018, R&O.32/2019, R&O.142/2019, R&O.174/2020

[48] Schedule 5                 amended by R&O.159/2003, R&O.115/2005, R&O.141/2009, R&O.144/2013

[49] Schedule 6                 amended by R&O.159/2003, R&O.32/2019

[50] Schedule 7                 amended by R&O.159/2003, R&O.32/2019


Page Last Updated: 26 Sep 2021