Road Traffic
(Public Parking Places) (Jersey) Order 2006
Part 1[1]
interpretation and general
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“car park official”,
in respect of a parking place, means a person authorized by the controlling
body of the parking place to carry out the duties prescribed by this Order in
relation to the parking places;
“commercial vehicle”
means a vehicle designed or manufactured solely or mainly for purposes other
than those of a private household;
“controlling body”,
in respect of a parking place, means –
(a) the
parochial authority in the case of a parking place administered by a parochial
authority;
(b) the Minister for Children and Education in the case of the
parking places STHA3, STS4, STS5, STS6 and STS7;
(c) the
Minister for Economic Development, Tourism, Sport and Culture in the case of
the parking places STB5A, STB28, STB29, STH6, STH21, STH29, STH30, STH31,
STH32, STC6, STS3, STS8 and STS9; or
(d) the
Minister for Infrastructure in any other case;
“disabled
person’s badge” means a badge, parking card or permit as described
in Article 2(4)(a) of the Road Traffic
(Disabled Persons) (Parking) (Jersey) Order 2002;
“disabled
person’s vehicle” means a vehicle lawfully displaying a disabled
person’s badge;
“displayed”,
in respect of a disabled person’s badge, season ticket, pay card, parking
disc or permit displayed on a vehicle, means –
(a) displayed either against the internal face
of the windscreen or against the internal face of a side window adjacent to the
windscreen of the vehicle; or
(b) if the vehicle has no windscreen, in a
conspicuous place on the vehicle,
so that the details on the
badge, season ticket, pay card, parking disc or permit are clearly visible from
outside the vehicle;
“excess charge”
means the charge payable on the issue of an excess charge notice;
“excess charge
notice” means a notice in a form authorized by the Minister for Infrastructure
stating that the prescribed excess charge is payable and the time and manner in
which it is to be paid;
“foreign registered
vehicle” means a vehicle that is exempt from registration under the Registration
Law pursuant to Regulation 4(2) of the Motor
Vehicles (International Circulation) (Jersey) Regulations 1958
and that has displayed on it –
(a) the registration mark recorded in the
visitor’s registration document (as defined in those Regulations) in
respect of the vehicle as its registration mark; or
(b) an identification mark assigned to the
vehicle pursuant to those Regulations;
“invalid carriage”
has the meaning assigned to that expression by the Registration Law;
“Law” means
the Road Traffic
(Jersey) Law 1956;
“motor vehicle”,
in the definition of “unregistered vehicle” does not include a
motor vehicle that is exempt from registration under the Registration Law not
being a foreign registered vehicle;
“notice”, in
respect of a notice in a parking place giving directions to the public,
includes a mark, sign or other indication clearly visible to the public;
“park”, in
respect of a vehicle, includes to cause or knowingly permit the vehicle to be
parked;
“parking bay”,
in respect of a parking place, means an area marked on the ground of the
parking place as an area where a vehicle may be parked;
“pay card”
means a card in a form authorized by the Minister for Infrastructure issued by
or on behalf of a controlling body on payment of the prescribed charge and
includes a card issued by a ticket issuing machine;
“parking disc”
means a disc, issued by a Connétable for display on parked vehicles,
that is composed of 2 pieces of pale yellow cardboard enclosing 3 red cardboard
discs each pivoted about its centre on which are printed figures that can be
set to reveal through 3 apertures in one of the pieces of yellow cardboard –
(a) in
the left hand aperture, the hour;
(b) in
the centre aperture, the tens of minutes; and
(c) in
the right hand aperture the minutes,
of the time of arrival of a
vehicle at a parking place;
“parking place”
means a public parking place the name, description or vicinity of which is
specified in Schedule 1;
“parking unit”
means a unit of charge having the value or values prescribed by this Order;
“pay period”,
in respect of parking place specified in a Part of Schedule 3, means the
period specified in that Part in respect of the parking place;
“permit”, in
respect of a parking place, means a permit in a form authorized by the Minister
for Infrastructure issued by the controlling body of the parking place or a
person acting with the authority of the controlling body, whether on the
payment of a charge or otherwise, that authorizes the holder of the permit to
park a vehicle in the parking place in accordance with the provisions of the
permit;
“prescribed charge”
means the charge prescribed by this Order and, in respect of a parking place
specified in a Part of Schedule 3, means the charge (expressed in parking
units) specified in that Part in respect of the parking place;
“prescribed excess
charge” means the excess charge or charges prescribed by this Order;
“prescribed season
ticket charge” means the charge or charges for a season ticket prescribed
by this Order;
“public parking
place” means a place under the administration of a public or parochial
authority where vehicles may be parked;
“registered vehicle”
means a vehicle registered under the Registration Law;
“Registration Law”
means the Motor Vehicle
Registration (Jersey) Law 1993;
“school term
time” means any part of the year during which a child is required to
attend school;
“season ticket”
means a ticket in a form authorized by the Minister for Infrastructure issued
by or on behalf of a controlling body on payment of the prescribed season
ticket charge that permits, subject to a parking bay being available, a vehicle
to be parked in a parking place for which the ticket is valid during the
calendar month in respect of which the ticket is issued;
“ticket issuing
machine” means a device from which pay tickets are issued on payment of
the prescribed fee;
“trailer”
includes a caravan;
“unregistered
vehicle” means a motor vehicle other than a registered vehicle, an
invalid carriage or a foreign registered vehicle;
“valid pay card”,
in respect of a vehicle in a parking place, means a pay card that has been
correctly marked in accordance with the instructions on the card to indicate
that the prescribed charge required to be paid to park the vehicle in the
parking place at that time has been paid;
“valid parking disc”,
in respect of a vehicle in a parking place, means a parking disc that has been
correctly set in accordance with the instructions on the disc to show that the
vehicle may be parked in that parking place at that time;
“valid permit”,
in respect of a vehicle in a parking place, means a permit that permits the
vehicle to be parked in that parking place at that time;
“valid remote
payment” means a payment in respect of a vehicle parked or to be parked
in a parking place, such payment being –
(a) made
by means of the internet;
(b) accepted
by or on behalf of the Minister; and
(c) of
the amount of the prescribed charge required to be paid to park the vehicle in
that parking place for the period during which it is parked or to be parked;
“valid season ticket”,
in respect of a vehicle in a parking place, means a season ticket that is
currently in force in respect of that parking place;
“vehicle” does
not include a trailer or a boat.[2]
(2) A
reference in this Order to a parking place by a letter or letters and a number
is a reference to the parking place in column 1 of Schedule 1
assigned the letter or those letters and the number in column 2 of that
Schedule.
2 Use of parking places
(1) A
person may park a vehicle in a parking place, subject to compliance with this
Order.
(2) Paragraph (1)
does not authorize a person to park –
(a) a
commercial vehicle with an overall length of 15 feet or more; or
(b) an
agricultural tractor,
in a parking place that is
not specified in Schedule 4, without the written permission of the
controlling body of the parking place.
(3) The
controlling body of a parking place may in writing permit a person to park or
place a trailer or boat or any other thing that is not a vehicle in any parking
place.
(4) Permission
for the purpose of paragraph (2) or (3) may be given subject to such terms
and conditions as the controlling body of the parking place may determine,
including conditions requiring the payment of a charge and the display of the
permission.
3 Controlling body may control use of parking place
The controlling body of a parking place may by notice displayed at
the parking place –
(a) indicate
the speed and route to be taken and other restrictions to be observed by a
person driving a vehicle in the parking place or by pedestrians;
(b) restrict
the size or mass of vehicles that may use the whole or any part of the parking
place;
(c) close
for any period and for any purpose the whole or any part of the parking place;
(d) set
aside permanently or for any period the whole or any part of the parking place
for parking vehicles of a type specified in the notice; and
(e) set
aside permanently or for any period the whole or any part of the parking place
for parking vehicles on which a valid permit is displayed or a valid remote
payment has been made.[3]
4 Restrictions
on parking
A person must not park a
vehicle in a parking place specified in a Part of Schedule 2 –
(a) for
more than the maximum parking period specified in that Part; or
(b) in
the circumstance that any condition specified in that Part is breached in
relation to the vehicle.
5 Parking charges
(1) Except
in relation to parking place STH20A, a person
must not park a vehicle in a parking place specified in Schedule 3 during
the pay period specified in that Schedule in respect of the parking place
unless a valid season ticket, a valid pay card or a valid permit is displayed
on the vehicle or a valid remote payment has been made.[4]
(1A) A
person must not park a vehicle in parking place STH20A
during the pay period specified in Part 1 of Schedule 3 in respect of
that parking place unless a valid pay card or a valid permit is displayed on
the vehicle or a valid remote payment has been made.[5]
(2) Paragraph (1)
does not apply in respect of a disabled person’s vehicle –
(a) if
a valid parking disc is displayed on the vehicle; and
(b) in
respect of a parking place specified in Schedule 3 where a vehicle may be
parked in the parking place for a continuous period between 8 a.m. and
5 p.m. on any day, the disabled person’s vehicle is not parked in
the parking place for a total period of more than 12 hours during any
continuous period of 24 hours.
(3) Paragraph (1)
does not apply in respect of a motor cycle parked in an area of a parking place
set aside for motor cycles by the controlling body of the parking place.
(4) Paragraph (1)
does not apply in respect of a cycle left in an area of a parking place set
aside for cycles by the controlling body of the parking place.
6 Excess charges
(1) A
prescribed excess charge is payable if a person –
(a) has
failed to comply with Article 4 or 5 in respect of a vehicle parked in a
parking place;
(b) has
parked a vehicle in a parking place, whether within or partly within a parking
bay, or otherwise, in a manner that obstructs or is likely to obstruct other
vehicles using the parking place;
(c) has
parked a vehicle in a parking place in a part of that place that is neither a
parking bay where the vehicle is authorized to be parked nor an area set aside
for parking vehicles of that type;
(d) otherwise
than in accordance with the permission of the controlling body of a parking place,
has parked or placed a trailer, boat or other thing in the parking place;
(e) has
parked an unregistered vehicle anywhere in a parking place;
(f) otherwise
than in accordance with the written permission of the controlling officer of a
parking place not specified in Schedule 4, has parked a commercial vehicle
with an overall length of more than 15 feet, or an agricultural tractor, in the
parking place; or
(g) has parked a vehicle, trailer, boat or other
thing in a parking place contrary to the terms of a notice displayed under Article 3
in the parking place,
and a car park official
has attached an excess charge notice to a conspicuous part of the vehicle,
trailer, boat or other thing.[6]
(2) If
a car park official has attached an excess charge notice to a vehicle by virtue
of paragraph (1)(a) the vehicle may remain parked in the parking place for
2 hours from the time specified in the notice.
(3) If –
(a) a
car park official has attached an excess charge notice to a vehicle, trailer,
boat or other thing by virtue of paragraph (1); and
(b) the
vehicle, trailer, boat or other thing has not been moved within 2 hours of
the time specified in the notice,
a further excess charge
notice may be attached to the vehicle, boat, trailer or other thing so that a
further excess charge becomes payable in respect of the vehicle, trailer boat
or other thing.[7]
(4) A
vehicle shall be taken to be unregistered for the purpose of paragraph (1)(e)
if it does not have displayed on it anything required to be displayed on it to
show that it is registered.
7 Offences
(1) A
person must not fail to comply with the terms of a notice displayed in
accordance with Article 3.
(2) A
person must not fail to pay a prescribed excess charge in accordance with the
terms of the relevant excess charge notice.
(3) A
person must not interfere with a ticket issuing machine with intent to defraud.
(4) A
person must not with intent to deceive –
(a) make,
copy, alter, deface or mutilate a disabled person’s badge, a pay card, a
parking disc, a season ticket or a permit;
(b) display
on a vehicle in a parking place anything intended to appear to be a disabled
person’s badge, a pay card, a parking disc, a season ticket or a permit;
or
(c) display
on a vehicle in a parking place a disabled person’s badge, a pay card, a
parking disc, a season ticket or a permit that has been altered, defaced or
mutilated.
(5) A
person must not, except with the written permission of the controlling body of
the parking place, do or cause or knowingly permit another person to do any of
the following things –
(a) attach
advertising material to a parking place or a vehicle in a parking place;
(b) display
advertising material in a parking place;
(c) carry
on a trade or business in a parking place;
(d) use
a vehicle in connection with a trade or business while it is parked in a
parking place; or
(e) solicit
or collect alms, contributions, donations or subscriptions in a parking place.
(6) A
person must not –
(a) drive
a vehicle in a parking place except with the intention of parking the vehicle
or to remove it afterwards;
(b) injure
or deface a parking place or a notice in a parking place;
(c) deposit
refuse in a parking place except in a receptacle provided for the purpose;
(d) discharge
a firearm, throw a missile or light a fire or firework in a parking place;
(e) wash
a vehicle, trailer or boat in a parking place;
(f) carryout
work on a vehicle, trailer, boat or other thing in a parking place except, in
the case of a vehicle or trailer, to any extent necessary to be able to remove
it from the parking place;
(g) sleep
in a vehicle or trailer in a parking place or otherwise use a vehicle or
trailer in a parking place for a residential or domestic purpose; or
(i) place
on a vehicle in a parking place, other than a motor cycle, a cover of the type
normally used to protect the exterior of a vehicle from the weather during
storage in the open air.[8]
(7) A
person, other than the driver of the vehicle, or a person acting with the
driver’s permission, must not remove from a vehicle a disabled
person’s badge, season ticket, pay card, parking disc or permit displayed
on a vehicle.
(8) A
person must not consume alcohol in a parking place or be in possession of an
open container containing alcohol unless the general consumption of alcohol in
the parking place has for the time being been approved by the controlling body
of the parking place.
(9) The
driver of a vehicle in a parking place must not fail to comply with any
reasonable instructions given to the driver by a car park official –
(a) as
to how the vehicle should be parked; or
(b) to
remove the vehicle from the parking place.
(10) A
person who is in a parking place other than to park or collect a motor vehicle
must not –
(a) fail
to leave the parking place if requested to do so by a police officer or a car
park official; or
(b) refuse
or fail to give his or her name and address or give a false name and address if
on reasonable grounds the person is requested to give his or her name and
address by a police officer or a car park official.
(11) A
person who contravenes, or fails to comply with, a provision of this Article
shall be liable to a fine not exceeding level 2 on the standard scale.
7A Evidence[9]
(1) A
digital photograph taken by a car park official of a vehicle displaying a
registration mark that is parked in a parking place shall be prima facie
evidence that the vehicle assigned that registration mark was parked in that
parking place.
(2) The
metadata associated with the digital photograph shall be prima facie evidence
of the time and day the photograph was taken.
(3) A
printed copy of the records, held by or on behalf of the Minister, of valid
remote payments made in respect of vehicles shall be prima facie evidence of
whether a valid remote payment was made in respect of a vehicle.
8 Condition
A vehicle parked in a parking place or a thing permitted to be
placed in a parking place by the controlling body of the parking place, is
parked or placed in the parking place subject to the condition that no claim
shall lie against the controlling body of the parking place or any car park
official in respect of the loss of or damage to the vehicle or thing, or a
fitting or the contents of the vehicle or thing.
Part 2[10]
charges
8A Prescribed charges for
parking units and season tickets[11]
(1) The
prescribed charges are –
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|
|
|
|
1
|
Electric vehicle or plug in hybrid electric vehicle
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46.67 pence
|
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2
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Other vehicle
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92.38 pence
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(2) The
prescribed season ticket charges are –
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1
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STHA1
STH1
STH3
STH5
STH8
STH10
STH13
STH13A
STH14
STH16
STH19
STH20
STH22
STB22
STS10
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Electric vehicle or plug in hybrid electric vehicle
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£74.60
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Other vehicle
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£149.20
|
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2
|
Listed in Parts 2 or 3 of Schedule 3 (other than STP1 and STP5)
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Electric vehicle or plug in hybrid electric vehicle
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£37.30
|
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Other vehicle
|
£74.60
|
(3) No
prescribed charge is payable in respect of an electric vehicle or a plug in
hybrid electric vehicle for the first 12 months after the date on which
the vehicle is first registered in Jersey by an individual who does not hold a
trade licence issued under Article 8 of the Motor Vehicle
Registration (Jersey) Law 1993.
(4) In
this Article, –
“electric vehicle” means a vehicle
that –
(a) is
powered solely by an electric motor;
(b) emits
no more than 50 grams of carbon dioxide per kilometre; and
(c) displays
a document approved by the Minister for the purposes of this Order indicating
that it is an electric vehicle;
“other vehicle” means a vehicle that is
not an electric vehicle or a plug in hybrid electric vehicle;
“plug in hybrid electric vehicle” means a
vehicle –
(a) that
is powered by an electric motor and an internal combustion engine designed to
work together and separately;
(b) that
has an on-board battery that can be charged from the grid;
(c) that
emits no more than 50 grams of carbon dioxide per kilometre;
(d) in
which the combustion engine supports the electric motor when higher operating
power is required or when the battery’s state of charge is low;
(e) that
displays a document approved by the Minister for the purposes of this Order
indicating that it is a plug in hybrid electric vehicle.
8B Prescribed excess
charges[12]
(1) The
prescribed excess charges are –
(a) £40 if
payment is received at the specified address before 4 p.m. on the third
working day after the day on which the excess charge notice is attached to the
vehicle under Article 6; or
(b) £60 in
any other case.
(2) The
specified addresses for receipt of payment of the prescribed excess charges
are –
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1
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On behalf of a parochial authority
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Parish hall of parochial authority
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2
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On behalf of the Minister for Education
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Finance Department
Department for Education
PO Box 142
Highlands
St. Saviour
JE4 8QJ
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3
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On behalf of Minister for Economic Development, Tourism, Sport and
Culture
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Finance Department
Department for Economic Development, Tourism, Sport and Culture
Springfield Stadium
Janvrin Road
St. Helier
JE2 4LF
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4
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Any other case
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Parking Control Office
Sand Street Car Park
St. Helier
JE2 3QF
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Part 3[13]
9 Savings
and citation[14]
(1) Every
document approved by the Minister under the Road Traffic (Public Parking Places – Charges) (Jersey)
Order 2017 indicating that a vehicle is an electric vehicle or a plug in
hybrid electric vehicle that is valid and in force at the end of 28th February
2023 is to be treated as if it were approved under this Order.
(2) This
Order may be cited as the Road Traffic (Public Parking Places) (Jersey) Order 2006.