Road Traffic (St.
Helier) (Jersey) Order 1996[1]
THE ENVIRONMENT
AND PUBLIC SERVICES COMMITTEE, in pursuance of Articles 62,
63, 64 and 84 of the Road Traffic
(Jersey) Law 1956 and after consultation with the Connétable of
St. Helier, orders as follows –
Commencement
[see endnotes]
PART 1
INTRODUCTORY
1 Application
This Order applies to roads in the parish of St. Helier.
2 Interpretation
(1) In
this Order, unless the context otherwise requires –
“at night”
means at any time between the hours of 5 pm on any day and 8 am on the
following day;
“commercial vehicle” means a vehicle
designed or manufactured solely or mainly for purposes other than those of a
private household;
“Connétable”
means the Connétable of St. Helier;
“electric
vehicle” means a vehicle that is powered solely by an electric motor;
“keep” means
to keep for one’s own use;
“Minister”
means the Minister for Infrastructure;
“Motor Traffic Law”
means the Motor
Traffic (Jersey) Law 1935;
“road”
includes part of a road.[2]
(2) Unless
the context otherwise requires, where this Order refers to an enactment
(including an Act of the Parliament of the United Kingdom and any instrument
made under such an Act), the reference is to that enactment as amended from
time to time, and includes a reference to that enactment as extended or applied
by or under another enactment, including any other provision of that enactment.
PART 2
TRAFFIC CIRCULATION
3 One-way
traffic
(1) A
vehicle being driven on a road specified in the first column of Part 1 of
Schedule 1 shall, between the point of its entry therein and its departure
therefrom, follow the direction prescribed in relation to that road in the
second column of that Part.
(2) Paragraph (1)
shall not apply –
(a) in
relation to a road or a part of a road specified in the first column of Part 1
of Schedule 1 during any period specified as an excepted period opposite
in the second column of that Part of the Schedule; or
(b) to a
type of vehicle specified in the second column of Part 3 of Schedule 1
in relation to a road, or a part of a road, specified opposite in the first
column of that Part of the Schedule.[3]
(3) A
vehicle, the overall width of which exceeds 6 feet 6 inches, being driven on a
road specified in the first column of Part 2 of Schedule 1 shall,
between the point of its entry therein and its departure therefrom, follow the
direction prescribed in relation to that road in the second column of that Part:
Provided that this paragraph
shall not apply to –
(a) a
vehicle engaged in mechanical road sweeping; or
(b) an
omnibus being driven on a road specified in that Part of that Schedule in the
course of providing a service authorized by an omnibus service licence granted
under Article 19 of the Motor Traffic Law.
4 Prohibition
or restriction of turns
(1) A
vehicle shall not be driven so as to make a left-hand turn from a road
specified in the first column of Part 1 of Schedule 2 into a road
specified opposite that road in the second column of that Part.
(2) A
vehicle which is being driven on a road specified in the first column of Part 2
of Schedule 2 shall not, at any point specified in relation to that road
in the second column of that Part, be turned so as to face in the opposite
direction to that in which it was proceeding.
(3) A
vehicle of the type specified in the first column of Part 3 of Schedule 2
shall not be driven so as to make a right-hand turn from a road specified in
the second column of that Part into a road specified in the third column of
that Part.[4]
(4) A
vehicle shall be driven so as to make a left-hand turn only from the exit of a
car park specified in the first column of Part 4 of Schedule 2 into a
road specified opposite that car park in the second column of that Part.[5]
5 Stopping
of vehicles at certain road junctions[6]
(1) Subject
to paragraph (2), no vehicle shall enter any area marked for the purposes
of this Article on the surface of a road at the junction of any group of roads
specified in Schedule 3 if the driver of that vehicle has reasonable cause
to believe that, due to the presence of stationary vehicles, any part of the
vehicle will remain stationary within that area.
(2) A
vehicle may remain stationary within any area described in paragraph (1)
for so long as it is prevented from completing a right turn by reason of –
(a) oncoming
vehicles; or
(b) the
presence of other stationary vehicles waiting in or near that area to complete
a right turn.
6 Prohibition
of waiting and stopping
(1) A
vehicle shall not –
(a) wait
on a road specified in the first and second columns of Schedule 4;
(b) except
as provided by Parts 3 and 4 and Schedule 8, wait on a road within 10
yards of its junction with another road; or
(c) except
as provided by Part 4 and Article 39, stop on a road specified in the
first and second columns of Part 1 of Schedule 10 or on a footway or
cycle track specified in the first and second columns of Part 2 of that
Schedule.[7]
(2) Unless
otherwise permitted by this Order, a vehicle, other than a public service
vehicle of the appropriate class, shall not stop on a part of a road that is
authorized under Article 37 of the Motor Traffic Law as a stand for public
service vehicles.[8]
(3) A
vehicle shall not wait on a part of a road which has been designated as a no
waiting area for the purpose of allowing access to any premises from that part
of that road.
(4) [9]
(5) A
vehicle the overall width of which exceeds 6 feet 6 inches shall not
wait on any roads listed in Parts 1, 2, 3, 3A, 3B, 4 or 6 of Schedule 8.[10]
(6) The
expression “waiting” in this Article does not include the stopping
of a vehicle to set down or pick up passengers.
7 Closing
of roads to through traffic
No vehicle shall be
driven on a road specified in the first column of Schedule 5 during the
times prescribed in relation to that road in the second column of that Schedule
except –
(a) for
the purpose of delivering or collecting a person or goods or merchandise to or
from any premises situated on or adjacent to that road;
(b) to
or from a place on that road set aside under this Order for the parking of
vehicles;
(c) to
or from premises having a means of vehicular access from that road;
(d) a
vehicle engaged in mechanical road sweeping or road gully cleaning; or
(e) if
the vehicle is a bicycle.[11]
8 Pedestrian
roads – closing to, and restricted use by, vehicular traffic
(1) Subject
to paragraph (3), no vehicle shall be driven on any road specified in the
first column of Part 1 of Schedule 6 during the times specified in
relation to that road in the second column of that Part, except –
(a) with
the permission in writing of the Connétable;
(b) with
the express permission of a police officer;
(c) for
the purpose of saving life or extinguishing fire; or
(d) for
any other emergency purpose.
(2) Subject
to paragraph (3), no vehicle shall be driven on any road specified in the
first column of Part 2 of Schedule 6 during the times specified in
relation to that road in the second column of that Part, except –
(a) with
the permission in writing of the Connétable;
(b) with
the express permission of a police officer;
(c) for
the purpose of saving life or extinguishing fire;
(d) for
any other emergency purpose;
(e) for
the purpose of delivering or collecting goods or merchandise, in the course of
the trade of the owner of the vehicle, to or from premises situated
on –
(i) a road specified
in the first column of Part 2 of Schedule 6, or
(ii) Queen
Street; or
(f) a
cab, as defined in the Motor Traffic Law, which is delivering or collecting a
passenger or goods to or from –
(i) premises situated
on a road specified in the first column of Part 2 of Schedule 6, or
(ii) a
place on such a road which is immediately adjacent to a road specified in the
first column of Part 1 of Schedule 6.
(3) Paragraphs (1)
and (2) shall not apply to the driving or riding of any vehicle specified in
the second column of Part 3 of Schedule 6 on a road specified
opposite that vehicle in the first column of that Part.[12]
(4) No
vehicle shall be driven on that part of the width of any road specified in Part 4
of Schedule 6 which is beyond the marking on the surface of the road
indicating the edge of the carriageway unless –
(a) the
road is too narrow for vehicles to pass safely in opposite directions without
either or both of them driving beyond such marking; and
(b) the
driver of the vehicle, having given consideration to any pedestrian who may be
in the vicinity, drives beyond the marking only for the purpose of stopping to
permit another vehicle to pass.[13]
9 Driving
and stationing of certain vehicles
(1) Except
with the permission in writing of the Connétable or on the express
direction of a police officer, no char-à-banc shall be driven on a
road –
(a) specified
in Part 1 of Schedule 7;
(b) within
the area bounded by the roads specified in Part 2 of that Schedule.
(2) Except
with the permission in writing of the Connétable or on the express
direction of a police officer, a char-à-banc being driven on a road
specified in the first column of Part 3 of Schedule 7 shall, between
the point of its entry thereon and its departure therefrom, follow the direction
prescribed in relation to that road in the second column of that Part.
(3) Except
with the permission in writing of the Connétable, no char-à-banc
shall be stationed on any road.
(4) Except
on the express direction or with the specific permission of a police officer,
no cab shall be stationed on any road:
Provided that this paragraph
shall not apply to the stationing of a controlled taxi-cab on a taxi rank as
defined in the Motor Traffic (Taxi-Cabs - General) (Jersey)
Order 2002.
(5) In
this Article, “cab” and “char-à-banc” have the
same respective meanings as under the Motor Traffic Law.
(6) Except
with the permission in writing of the Connétable, no vehicle the overall
width of which exceeds 6 feet 6 inches shall be driven on a road specified in Part 4
of Schedule 7 unless it is –
(a) being
driven to or from any premises situated on or adjacent to that road;
(b) a
vehicle engaged in mechanical road sweeping or road gully cleaning;
(c) in
the case of a vehicle being driven on the part of Bellozanne Road, or of Mont
Cochon, specified in that Part of that Schedule – the vehicle is
being used as an omnibus (within the meaning of the Motor Traffic Law); or
(d) in
the case of a vehicle being driven on St. John’s Road –
the vehicle is being used as an omnibus (within the meaning of the Motor
Traffic Law) to provide a service that schoolchildren (but not the general
public) may use to travel to or from a school.[14]
(7) No
vehicle the overall width of which exceeds 6 feet 6 inches shall be
driven on a road within the area bounded by the roads specified in Part 5
of Schedule 7 unless it is –
(a) being
driven to or from any premises situated on or adjacent to a road within that
area; or
(b) a
vehicle engaged in mechanical road sweeping or road gully cleaning.
(8) Except
with the permission in writing of the Connétable, no vehicle the gross
vehicle weight of which exceeds 5 tons shall be driven on a road specified
in Part 6 of Schedule 7.
PART 3
PARKING PLACES ON ROADS
10 Interpretation
(1) In
this Part –
“Law” means
the Road
Traffic (Jersey) Law 1956;
“parking”
means leaving a vehicle, whether attended or unattended –
(a) between
the hours of 8 a.m. and 5 p.m. on any day other than a Sunday, on any
road specified in Part 1 or Part 2 of Schedule 8;
(b) between
the hours of 8 a.m. and 5.30 p.m. on any day, other than a Sunday, on
any road specified in Part 3A, 4 or 6 of Schedule 8;
(ba) between the hours
of 9 a.m. and 10 p.m. on any day, on any road specified in Part 1A,
Part 2A or Part 3 of Schedule 8;
(bb) between the hours
of 9 a.m. and 10 p.m. on any day, other than a Sunday, on any road
specified in Part 1B of Schedule 8;
(c) between
the hours of 10 a.m. and 5 p.m. on any day, other than a Sunday, on
any road specified in Part 1C of Schedule 8;
(d) on
any road specified in Part 13 of Schedule 8;
(da) at a parking
place specified in Part 16 of Schedule 8 –
(i) at any time, for
the purposes of Article 27C, and
(ii) between
the hours of 9 a.m. and 10 p.m. on any day, for all other purposes;
(e) at a
parking place specified in Part 2 of Schedule 9;
(f) between
midnight and 8 a.m. or 6 p.m. and midnight on any day in a parking
place specified in Part 3 of Schedule 9;
(g) between
midnight and 5 a.m. or 6 p.m. and midnight Monday to Saturday or at
any time on a Sunday in a parking place specified in Part 4 of Schedule 9;
(h) between
midnight and 8 a.m. Monday to Saturday or at any time on Sunday in a parking
place specified in Part 5 of Schedule 9; or
(i) between
10 p.m. on one day and 9 a.m. on the following day in a parking place
specified in Part 6 of Schedule 9,
and includes stopping a
vehicle to load or unload goods or merchandise, but does not include stopping a
vehicle to set down or pick up passengers, and “park” and
“parked” shall be construed accordingly;
“parking card”
means a device of a type and design approved by the Minister under Article 64
of the Law;
“parking disc”
has the meaning assigned by Article 19;
“paying parking
place” means a road designated as a paying parking place under Article 11;
“valid parking card”
means a parking card that identifies for the purposes of this Order the
commencement of the period when the vehicle on which it is displayed is left in
a paying parking place by means of clear and appropriate indications by or on
behalf of the driver of –
(a) the
month;
(b) the
date in the month;
(c) except
if it is a Sunday, the day of the week; and
(d) the
next succeeding 5 minute index within the hour of the day at which the
vehicle was first left in the paying parking place;
“valid remote
payment” means a payment in respect of a vehicle parked or to be parked
at a paying 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 charge prescribed in Article 15 for parking the vehicle
at the paying parking place for the period during which it is parked or to be
parked;
“vehicle”,
except in Article 26, excludes a vehicle the overall width of which exceeds
6 feet 6 inches and a pedal cycle.[15]
(2) For
the purposes of this Order a vehicle shall be regarded as displaying a parking
card when the card is displayed either against the internal face of the
windscreen or against the internal face of a side window adjacent to the
windscreen on the left or near side of the vehicle, or, if the vehicle has no
windscreen, at a convenient place on the left or nearside of the vehicle, in
such manner that the month, date, day and time of arrival of the vehicle may be
distinctly seen by any person from outside the vehicle.
11 Designation
of paying parking places[16]
(1) The
roads specified in Parts 1, 2, 3 and 16 of Schedule 8 are designated
as paying parking places.[17]
(2) Except
as provided by Articles 29B and 29C, a vehicle that displays a parking
card under Article 14 or in respect of which a valid remote payment has
been made may be parked in a paying parking place for the period of time
specified for that Part in paragraph (3).[18]
(3) Except
as provided by Article 2(2)(a) of the Road Traffic
(Disabled Persons) (Parking) (Jersey) Order 2002 and Article 29 of
this Order, the maximum period for which a vehicle may be parked at a paying
parking place specified in Parts 1, 2, 3 and 16 of Schedule 8 is –
(a) in
respect of a paying parking place specified in Part 1 – 20 minutes;
(b) in
respect of a paying parking place specified in Part 2 – 1 hour;
(c) in
respect of a paying parking place specified in Part 3 – 2 hours;
(d) in
respect of a paying parking place specified in Part 16 –
2 hours.[19]
(4) [20]
12 Conditions
and restrictions affecting vehicles left in paying parking places
(1) No
vehicle shall be left in a paying parking place except as provided in, and in
accordance with, this Order.
(2) Except
as provided in this Order, no vehicle shall be parked at a paying parking place
unless the charge prescribed in Article 15 has been paid.
(3) Except
as provided by Article 29 a vehicle shall not be parked at a paying
parking place for longer than the maximum period of time specified in Article 11(3).[21]
(4) [22]
(5) Where
a vehicle has been parked at a paying parking place displaying a parking card
no person may remove the parking card and substitute another parking card for
the purpose of indicating that the vehicle was left there at a time later than
the time when the vehicle was first left there.
(6) Subject
to paragraph (7), no person shall use any vehicle which is parked at a
paying parking place for or in connection with the sale of any goods or
merchandise to any other person in or near the paying parking place or in
connection with the selling or offering for sale of the person’s skill in
handicraft or the person’s services in any other capacity.
(7) Paragraph (6)
does not apply to a vehicle parked at a paying parking place for the purpose of
being loaded or unloaded in connection with any trade or business carried on in
the vicinity.
(8) Where
parking spaces are marked in a paying parking place or a parking place
specified in Part 2 of Schedule 9 a vehicle shall be parked wholly
within the limits of a marked space and shall not obstruct the entry or exit of
other vehicles to or from adjacent marked spaces.[23]
13 Determination
of size and number of parking spaces and marking of parking places
(1) The
Minister may determine the dimensions and the number of the spaces in which
vehicles may be left in a paying parking place or a parking place specified in
Part 2 of Schedule 9.[24]
(2) The
limits of any paying parking place or a parking place specified in Part 2
of Schedule 9 or any parking space within any such place may be marked on
the road or indicated by such signs or road markings as the Minister may deem
fit.[25]
14 Parking
card to be displayed on vehicles left in paying parking places
Subject to Article 29,
while a vehicle is parked at a paying parking place for any period in respect
of which a valid remote payment has not been made, a valid parking card shall
be displayed and no person shall –
(a) display
more than one parking card on the vehicle; or
(b) alter
the time of arrival indicated on the parking card whilst the vehicle is parked
at that place.[26]
15 Charges
at paying parking places[27]
(1) Subject
to Article 29, the charge for parking a vehicle at a paying parking place
shall be –
(a) if
the vehicle complies with Article 2 of the Road Traffic
(Disabled Persons) (Parking) (Jersey) Order 2002, one parking unit for each
period of 2 hours or part of 2 hours;
(b) if
the vehicle is parked in a paying parking place specified in Part 3 of
Schedule 8, one parking unit for each period of 2 hours or part
thereof; and
(c) in
any other case, one parking unit for each period of one hour or part of one
hour.[28]
(2) In
paragraph (1) “parking unit” has the same meaning as in the Road
Traffic (Public Parking Places) (Jersey) Order 2004.
16 Payment of charges[29]
The charge for parking at
a paying parking place shall be paid –
(a) by
the purchase in advance of a parking card from a person for the time being
authorized by the Minister to sell parking cards; or
(b) by
way of a valid remote payment.
17 Use
of parking card to indicate that charge has been paid[30]
Except where a valid
remote payment has been made, the payment of a charge shall be indicated by the
display on the vehicle of a valid parking card.
17A Evidence[31]
(1) A
digital photograph taken by a person authorized by the Minister of a vehicle
displaying a registration mark that is parked at a paying parking place shall
be prima facie evidence that the vehicle assigned that registration mark was
parked at that paying 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.
18 Alteration
of position of vehicles and removal of vehicles in emergency
(1) Where
any vehicle is parked in a paying parking place in contravention of Article 12(8)
a police officer may alter or cause to be altered the position of that vehicle
in order that its position shall comply with that paragraph.
(2) A
police officer may move or cause to be moved to such place as the police
officer thinks fit any vehicle left in a paying parking place if, in the police
officer’s opinion, the movement of that vehicle is necessary in the
course of an emergency.
(3) The
powers conferred by this Article shall be in addition to and not in derogation
of the powers contained in Article 56 of the Law and any Order made
thereunder.
19 Parking
discs
(1) For
the purposes of this Part of this Order, parking discs shall be issued by the
Connétable and each shall comply generally with the following
conditions –
It shall be composed of 2 pieces
of pale yellow cardboard enclosing 3 red cardboard discs each pivoted about its
centre on which shall be printed figures which shall be revealed through 3 apertures
cut into one of the pieces of yellow cardboard. The left hand aperture shall
reveal the hour, the centre aperture the tens of minutes, and the right hand
aperture the minutes, of the time of arrival at the parking place.
(2) Subject
to paragraph (1), parking discs may be printed and distributed conveying
advertising material limited to such parts of the discs as the
Connétable may determine.
20 Parking
of vehicles displaying parking discs[32]
(1) Except
as provided by Article 29, a vehicle that displays a parking disc under
this Part may be parked on a road specified in Part 3A, 3B, 4 or 6 of
Schedule 8 for the period of time specified for that Part in paragraph (2).[33]
(2) The
maximum period for which a vehicle may be parked on a road specified in Part 3A,
3B, 4 or 6 of Schedule 8 is –
(a) in
respect of a road specified in Part 3A – 10 minutes;
(ab) in respect of a
road specified in Part 3B, at any time between the hours of 8 a.m.
and midnight on any day – 10 minutes;
(b) in
respect of a road specified in Part 4 – 2 hours;
(c) in
respect of a road specified in Part 6 – 3 hours;
(d) [34]
(3) [35]
(4) Except
as provided by Article 29, a vehicle must not be parked on a road
specified in Part 3A, 3B, 4 or 6 of Schedule 8 for longer than the
maximum period of time specified in relation to that Part in paragraph (2).[36]
(5) [37]
21 Indication of time on, and
display of, parking discs[38]
(1) Except
as provided by Article 29, when a vehicle is parked on a road specified in
Part 3A, 3B, 4 or 6 of Schedule 8 a parking disc, indicating the time
at which the vehicle arrived there must be displayed –
(a) against
the internal face of the windscreen of the vehicle; or
(b) if
the vehicle has no windscreen, at a convenient place on the left or near side
of the vehicle, in such manner that the time of arrival of the vehicle may be
distinctly seen by any person outside the vehicle.[39]
(2) Subject
to Article 29, when a vehicle is parked on a road specified in Part 3A,
3B, 4 or 6 of Schedule 8 a person must not –
(a) display
more than one parking disc on the vehicle;
(b) indicate
on the parking disc a time different from that at which the vehicle was parked;
(c) alter
the time of arrival indicated on the parking disc whilst the vehicle is parked
on that road.[40]
21A Restriction on returning to parking
place[41]
(1) This
Article applies to a vehicle that has been parked in a road specified in Part 1,
2, 3, 3A, 3B, 4 or 6 of Schedule 8.[42]
(2) Except
for a vehicle that is parked in accordance with Article 29, the vehicle
must not park in any part of the same road within one hour of its departure.
22 [43]
23 Parking
places for States police vehicles
No vehicle, other than a
vehicle used by the States of Jersey Police Force which is in the charge of a
police officer on duty, shall be left on a road specified in Part 10 of
Schedule 8.
24 Parking
places for Jurats’ vehicles
No vehicle, other than a
vehicle used by a Jurat of the Royal Court who is performing an official duty,
shall be left on a road specified in Part 11 of Schedule 8.
25 Parking
places for vehicles of Crown Officers [44]
No vehicle, other than a
vehicle used by the Bailiff, the Deputy Bailiff, the Attorney General or the
Solicitor General shall be left on a road specified in Part 12 of Schedule 8.
26 Restriction
on parking certain vehicles on certain roads
No vehicle the overall
width of which exceeds 6 feet 6 inches shall be parked on a road
specified in Part 13 of Schedule 8.
27 Duration
of parking on certain roads
No vehicle shall be
parked on a road specified in Part 13 of Schedule 8 for a total
period exceeding 12 hours in any continuous period of 24 hours.
27A Special business
parking permit[45]
(1) A vehicle shall not be
parked at any time in the parking space specified in Part 14 of Schedule 8
except if –
(a) it is
parked for business purposes associated with the Town Hall; and
(b) the
permission in writing of the Connétable for the vehicle to be parked in
that place is displayed in the front window of the vehicle.
(2) The Connétable
may issue to a person written permission to park a vehicle in the parking space
specified in Part 14 of Schedule 8 if the Connétable is
satisfied that the person is parked for business purposes with the Town Hall,
and that the vehicle in relation to which the permit is sought will only be
left in that place for legitimate business purposes.
27B Car club permit[46]
(1) In
this Article –
“car club”
means a body of persons subject to an arrangement under which electric vehicles
are made available for use by its members;
“designated
area” means the roads specified in Part 15 of Schedule 8;
“issuing body”
means the Connétable or the Minister;
“permit
holder” means a car club to whom a permit has been issued by the issuing
body under paragraph (3);
“valid permit”
means a permit that has not expired under paragraph (5).[47]
(2) A
vehicle shall not be parked in the designated area unless –
(a) the vehicle is an electric vehicle; and
(b) there is displayed in the front window of
the vehicle a valid permit issued by an issuing body under paragraph (3).
(3) An
issuing body may issue a permit to a car club upon payment of a fee of
£824 for each permit.
(4) Subject
to paragraph (5), an issuing body may issue to a car club as many permits
authorising the parking of electric vehicles in the designated area as there
are parking spaces in that area.
(5) An
issuing body must not issue a permit to a car club if the number of permits in
force would as a result exceed the number of parking spaces in the designated
area.
(6) A
permit issued under paragraph (3) expires on whichever of the following
occurs first –
(a) the date that is 12 months after the
date that the permit is issued;
(b) it is revoked under paragraph (7).
(7) If,
for any reason, the number of permits held by a car club exceeds the number of
electric vehicles which are available for use by its members, there is
automatically revoked as many permits as are in excess of that number of
electric vehicles.
(8) Where
paragraph (7) applies, a permit holder must immediately return as many
permits as are automatically revoked to whichever body issued them.
(9) If
a permit is in force for less than 12 months, the body that issued the
permit must pay to the permit holder a refund of an amount calculated pro rata
for the amount specified in paragraph (3) for each day that the permit is
not in force.
(10) A permit must be such form as the
Connétable and Minister agree.
27C Electric
vehicle parking[48]
(1) In
this Article –
“electric vehicle
recharging bay” means a parking place –
(a) specified
in Part 16 of Schedule 8; and
(b) indicated
by signs or road markings authorised by the Minister;
“electric vehicle recharging point” means a
purpose-built unit –
(a) designed
solely for the purpose of charging an electric vehicle; and
(b) permitted
by the Minister for use on the public highway.
(2) A
vehicle must not be parked in an electric vehicle recharging bay at any time
unless –
(a) the
vehicle is an electric vehicle; and
(b) the
vehicle is connected to an electric vehicle recharging point.
PART 4[49]
RESIDENTIAL AND BUSINESS PARKING IN ZONES
28 Interpretation[50]
In this Part –
“business parking
permit” means a permit that permits parking in a zone only between the
hours of 8 a.m. and 6 p.m.;
“Cheapside
Zone” means the roads and parts of roads described in Part 1 of
Schedule 9 under the heading “ROADS
AND PARTS OF ROADS WITHIN CHEAPSIDE ZONE”;
“Connétable”
means the Connétable of St. Helier;
“permit” means
a permit issued under Article 34 that is in force;
“resident’s
parking permit” means a permit that permits parking in a zone at any
time;
“Richmond Road
Zone” means the roads and parts of roads described in Part 1 of
Schedule 9 under the heading “ROADS
AND PARTS OF ROADS WITHIN RICHMOND ROAD ZONE”;
“St. Mark’s
Zone” means the roads and parts of roads described in Part 1 of
Schedule 9 under the heading “ROADS
AND PARTS OF ROADS WITHIN ST. MARK’S ZONE”;
“St. Thomas’
Zone” means the roads and parts of roads described in Part 1 of
Schedule 9 under the heading “ROADS
AND PARTS OF ROADS WITHIN ST. THOMAS’ ZONE”;
“zone” means
the Richmond Road Zone, Cheapside Zone, St. Mark’s Zone or St. Thomas’
Zone.
29 Permit
parking in zones[51]
For the purposes of this Part, a vehicle is parked in a place, on a
day and at a time in a zone with a permit if –
(a) there is displayed in
the vehicle a resident’s parking permit or a business parking permit that
permits the vehicle to be parked in that place, on that day and at that time;
or
(b) the vehicle is parked
in that place, on that day and at that time with the Connétable’s
written permission.
29A Use of parking
places restricted to permit parking at specified times[52]
A vehicle shall not be parked –
(a) at any time in a parking
place specified in Part 2 of Schedule 9;
(b) between midnight and
8 a.m. or 6 p.m. and midnight on any day in a parking place specified
in Part 3 of Schedule 9;
(c) between midnight and
5 a.m. or 6 p.m. and midnight Monday to Saturday or at any time on a
Sunday in a parking place specified in Part 4 of Schedule 9;
(d) between midnight and 8 a.m.
Monday to Saturday or at any time on Sunday in a parking place specified in
Part 5 of Schedule 9;
(e) between 10 p.m. on
one day and 9 a.m. on the following day in a parking place specified in
Part 6 of Schedule 9; or
(f) between
10 p.m. on one day and 8 a.m. on the following day in a parking place
specified in Part 7 of Schedule 9,
unless the vehicle is parked with a permit.
29B Permit parking in
paying parking places[53]
Articles 11, 12, 14, 15, 20 and 21 shall not apply to a vehicle
that is parked with a permit in a paying parking place specified in Part 1,
2 or 3 of Schedule 8 that is within a zone –
(a) at any time on a
Saturday or a Sunday; or
(b) between midnight and 9
a.m. and 5 p.m. and midnight on any other day.
29C Restriction
on overnight use of paying parking places in zones[54]
Notwithstanding Article 11, a vehicle shall not be parked –
(a) between midnight and 9
a.m. or 10 p.m. and midnight on any day;
(b) in a paying parking
place specified in Part 1, 2 or 3 of Schedule 8 that is within a
zone,
unless the vehicle is parked with a permit.
29D Restriction on use
of loading or unloading areas in zones[55]
Notwithstanding Article 39, a vehicle may only be parked without
a permit, in a loading or unloading area specified in the first and second
columns of the table in Part 1 of Schedule 10 that is within a zone,
during the time specified in the fourth column of that table.
30 Applications for permits
(1) A
person who –
(a) resides in a zone; and
(b) keeps a vehicle in Jersey,
may apply in writing to
the Connétable for a resident’s parking permit in respect of that
vehicle for the zone in which that person resides.[56]
(2) A
person who –
(a) is
the owner of a business that operates from an address in a zone; and
(b) owns
a vehicle, kept in Jersey, that is used in Jersey exclusively for the purposes
of the business,
may apply in writing to the Connétable for a business parking
permit in respect of that vehicle.[57]
31 Restrictions on issue of permits
(1) A
person may not hold more than one resident’s parking permit at the same time.
(2) A
permit is not transferable.
32 Fees
for permits[58]
(1) The fee
payable –
(a) for a
resident’s parking permit of 12 months’ validity from
1st May –
(i) in relation to
the Cheapside Zone, the St. Mark’s Zone or the
St. Thomas’ Zone, is £441.67, and
(ii) in
relation to the Richmond Road Zone, is £220.18; and
(b) for a
business parking permit of 12 months’ validity from 1st May, in
relation to any one zone, is £325.72.[59]
(2) If a permit is to be in
force for less than 12 months, the fee payable is an amount calculated pro
rata to the amount prescribed under paragraph (1), for each day that the
permit is to be in force.
33 Issue of permit
(1) Subject
to paragraphs (2) and (3), on payment of the fee prescribed under Article 32
the Connétable shall issue to the applicant the permit requested.
(2) The
Connétable may refuse to issue a resident’s parking permit
if –
(a) he or
she is not satisfied that the applicant for the permit satisfies the criteria
for an application for a permit specified in Article 30(1);
(b) there
are already in force, in relation to the zone to which the application for the
permit relates, as many resident’s parking permits or business parking
permits as there are parking places in the zone;
(c) adequate
parking facilities exist within the curtilage of the premises containing the
applicant’s dwelling; or
(d) the
vehicle to which the application relates is a commercial vehicle the unladen
weight of which exceeds 1,600 kg.[60]
(3) The
Connétable may refuse to issue a business parking permit if –
(a) he or she is not satisfied that the
applicant satisfies the criteria for an application for a permit specified in
Article 30(2); or
(b) there are in force, in relation to the zone
to which the permit would relate, as many resident’s parking permits or
business parking permits as there are parking places in the zone.
(4) In
deciding whether or not to issue a permit the Connétable may give
preference to an applicant who is the holder of a disabled person’s badge
issued under the Road Traffic
(Disabled Persons) (Badges for Motor Vehicles) (Jersey) Order 1982.
34 Form
of permit
(1) Subject
to paragraph (2), a permit shall be in the form specified from time to
time by the Director of Traffic and Transportation.
(2) A
permit shall specify –
(a) whether
the permit is a resident’s parking permit or a business parking permit;
(b) the
zone to which the permit relates;
(c) the
registration number of the vehicle in respect of which the permit is issued;
(d) the
date on which the permit begins to have effect; and
(e) the
date on which the permit shall (unless Article 35(2) applies) cease to
have effect.
35 Duration
of permit
(1) Subject
to paragraph (2), a permit is valid from the date on which it is issued
until the following 30th April.
(2) A
permit shall cease to have effect –
(a) if
the permit is a resident’s parking permit – if the permit
holder ceases to reside in the zone to which the permit relates;
(b) if
the permit is a business parking permit – if the permit holder
ceases to own the business to which the permit relates; or
(c) if
the permit holder ceases to own or keep the vehicle in respect of which the
permit is issued.
(3) A
permit holder shall, within 10 days of the permit ceasing to have effect
by virtue of paragraph (2), surrender it to the Connétable.
36 Change
of vehicle
If a holder of a permit in relation
to a vehicle –
(a) applies
to the Connétable in writing for the issue of a permit for any other
vehicle that is kept by the holder in Jersey; and
(b) surrenders
the permit to the Connétable,
the Connétable
shall issue to the holder without further charge a permit for that other
vehicle, for the unexpired period of the surrendered permit.
37 Refunds
(1) If –
(a) a
permit ceases to have effect in accordance with Article 35(2); and
(b) the
permit holder surrenders the permit to the Connétable,
the Connétable
shall refund to the holder, for the unexpired period of the permit, a
proportion of the fee paid by the permit holder calculated in accordance with
paragraph (2).
(2) The
amount to be refunded shall be, for each full month for which the permit shall
cease to be in force, 1/12th of the amount that would have been payable for a
permit under Article 32(1), less an administration charge of £10.
38 Change of address
A permit holder shall,
within 10 days of changing his or her residential address in a zone, or
his or her business address in a zone, inform the Connétable in writing.
PART 5[61]
LOADING AND UNLOADING OF
VEHICLES
39 Parking
of vehicles for loading and unloading[62]
(1) Subject
to Article 29D and the conditions prescribed in paragraph (2), a
vehicle may be parked –
(a) on a
road specified in the first and second columns of the table in Part 1 of
Schedule 10; or
(b) on
the area marked on the surface of a footway or cycle track specified in the
first and second columns of the table in Part 2 of Schedule 10,
during the time specified in the fourth column of that table only
for the purpose of being loaded or unloaded in connection with a trade or
business carried on in the vicinity.[63]
(2) The conditions referred
to in paragraph (1) are that there shall be displayed on the internal face
of the windscreen of the vehicle or, if the vehicle has no windscreen, at a
convenient place on the left or near side of the vehicle, and in such manner as
to be distinctly seen by any person outside the vehicle –
(a) a
parking disc as prescribed in Article 19, indicating the time at which the
vehicle was parked;
(b) the
business name and address of the user of the vehicle.
(3) In respect of a vehicle
to which this Article applies, a person shall not –
(a) display
more than one parking disc;
(b) indicate
on the parking disc a time different from that at which the vehicle was parked;
(c) alter
the time of arrival indicated on the parking disc while the vehicle is parked
on that road;
(d) in
the case of parking on a road, park the vehicle for longer than the period
specified in the third column of the table in Part 1 of Schedule 10
during the time specified in the fourth column of that Part on any day other
than a Sunday; and
(e) in
the case of parking on a footway or cycle track, park the vehicle for longer
than the period specified in the third column of the table in Part 2 of
Schedule 10.
PART 6
MOTOR CYCLES AND MOPEDS
40 Parking
of motor cycles and mopeds
(1) Motor
cycles and mopeds may be parked on an area of road specified in Schedule 11
for an unlimited period of time.[64]
(2) Motor
cycles and mopeds shall not be parked on an area of road specified in Part 2,
3, 4, 5, 6 or 7 of Schedule 9.[65]
PART 7
MISCELLANEOUS
41 Savings
(1) Articles 5,
6, 7 and 9(6) and Parts 3 and 4 shall not apply to any vehicle while it is
being used for fire brigade, ambulance, police or other emergency purposes.
(2) Article 6
and Parts 3 and 4 shall not apply –
(a) so as
to prevent a public service vehicle waiting on a part of any road which is
authorized in accordance with Article 38 of the Motor Traffic Law as a
stand for public service vehicles;
(b) to a
vehicle waiting on any road while any gate or other barrier at the entrance to
premises to which the vehicle requires access or from which it has emerged is
being opened or closed, if it is not reasonably practicable for the vehicle to
wait otherwise than on that road while such gate or barrier is being opened or
closed;
(c) to a
vehicle waiting on any road on the express direction or with the specific
permission of a police officer;
(d) to a
vehicle stopping on any road owing to the driver being prevented from
proceeding by circumstances beyond the driver’s control or to a vehicle
stopping in order to avoid an accident.
(3) Nothing
in Parts 3, 4 and 5 shall be construed as derogating from the powers of a
police officer to require the removal of a vehicle which is parked in such
manner as to be likely to obstruct the free flow of traffic.[66]
42 Citation
This Order may be cited
as the Road Traffic (St. Helier) (Jersey) Order 1996.