Motor Vehicles
(Wearing of Seat Belts by Adults) (Jersey) Order 2009
1 Interpretation[1]
In this Order, unless the context otherwise requires –
“anchorage point”, “disabled person’s belt”,
“driver’s seat”, “fitted”, “seat”,
“seat belt” and “trade licence” have the same meanings
as they have in Article 49 of the Construction and Use Order;
“child restraint” has the meaning given in Article 1
of the Motor Vehicles (Wearing of
Seat Belts by Children) (Jersey) Order 2020;
“Construction and Use Order” means the Motor Vehicles (Construction
and Use) (Jersey) Order 1998;
“prescribed seat belt” has the meaning given in Article 2.
2 Duty
to wear a prescribed seat belt
(1) Subject to Article 3,
when driving or riding on a road in a small passenger vehicle, a minibus, a
small goods vehicle, a medium-sized goods vehicle or a large goods vehicle, a
person aged 14 or over must wear –
(a) a
disabled person’s belt, if such a belt is fitted in that vehicle and is
intended for that person’s use; or
(b) in
any other case, a prescribed seat belt.[2]
(2) A prescribed seat belt
is a seat belt that –
(a) is
not a disabled person’s belt or a child restraint; and
(b) complies
with each requirement of Articles 48 to 50 of the Construction and Use
Order that applies to that belt or in respect of the seat, anchorage points or
vehicle to which that belt is fitted.
3 Exceptions
(1) Article 2(1) does
not apply to a person who is –
(a) using
a vehicle for the delivery or collection of goods or mail to consumers or
addressees, while engaged in the ordinary course of business in making local
rounds of deliveries or collections where –
(i) the delivery or
collection is from door to door, and
(ii) the
proximity of each delivery or collection point is such that the driver is
constantly leaving and re-entering the vehicle;
(b) driving
a vehicle while performing a manoeuvre that includes reversing;
(c) the
holder of a licence to drive a motor vehicle and is supervising the holder of a
provisional licence while that holder is performing a manoeuvre that includes
reversing;
(d) riding
in a motor ambulance (within the meaning given by Article 1(1) of the Motor Vehicles (Construction
and Use) (Jersey) Order 1998) while the person is providing medical attention
or treatment to a patient which, due to its nature or the medical situation of
the patient, cannot be delayed;
(e) driving
or riding in a vehicle while it is being used for the purposes of the Airport
Rescue and Firefighting Service or for the States of Jersey Fire and Rescue
Service, as each is defined in the Fire and Rescue Service
(Jersey) Law 2011;
(f) driving
or riding in a vehicle while it is being used for police purposes or for
carrying a person in lawful custody, including a person who is being so
carried;
(g) testing
a vehicle if –
(i) the purpose of
the test requires that he or she does not wear a seat belt, and
(ii) he
or she is a Traffic Officer or a police officer;
(h) engaged
on the duties of a driver of a cab;
(i) conducting,
as provided in the Road Traffic (Jersey)
Law 1956, a test of competence to drive and his or her wearing a seat belt
would endanger himself or herself or any other person;
(j) riding
in a vehicle, being used under a trade licence, for the purpose of
investigating or remedying a mechanical fault in the vehicle;
(k) the
holder of a valid medical exemption certificate;
(l) a
disabled person whose disability means it would not be practicable for him or
her to wear any of the prescribed belts in the vehicle; or
(m) occupying a
seat fitted with a prescribed seat belt that has an inertia reel mechanism that
is locked as a result of the vehicle being, or having been, on a steep incline.[3]
(2) Article 2(1)(b)
does not apply to a person who is –
(a) driving
a vehicle in which the driver’s seat –
(i) is not fitted
with a prescribed seat belt, and
(ii) is
not required by Article 49 of the Construction and Use Order to be fitted
with a prescribed seat belt; or
(b) occupying
a seat not fitted with a prescribed seat belt, while riding in a vehicle in
which there is no seat that is –
(i) fitted with a
prescribed seat belt, and
(ii) available
to him or her.
(3) For the purpose of
paragraph (2)(b)(ii) a seat fitted with a prescribed seat belt is
available to the person unless –
(a) the
seat is the driver’s seat;
(b) the
seat is occupied by another person who is using the prescribed seat belt fitted
to that seat, whether or not in conjunction with a child restraint or a
disabled person’s belt; or
(c) a
child restraint or a disabled person’s belt is fitted to the seat, or to
the prescribed seat belt, in such a way that –
(i) it prevents the
person from occupying the seat, or from using the prescribed seat belt, and
(ii) it
could not readily be removed without the aid of tools.
4 Citation
This Order may be cited as the Motor Vehicles (Wearing of Seat Belts
by Adults) (Jersey) Order 2009.