Motor Vehicles
(Driving Licences) (Jersey) Order 2003[1]
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“basic training
course” has the meaning given to that expression by Article 13(1);
“compulsory basic
training certificate” means a certificate given in accordance with Article 14(1);
“Inspector”
has the same meaning as in the Motor Traffic (Jersey)
Law 1935;
“Jersey Highway Code”
means the code issued under Article 85 of the Law;
“Law” means
the Road Traffic
(Jersey) Law 1956;
“maximum authorized
mass” has the same meaning –
(a) in
relation to a goods vehicle as permissible maximum weight; and
(b) in
relation to any other vehicle or trailer as maximum gross weight.
(2) A
reference in this Order in respect of a licence or vehicle to a category by a
letter specified in column 2 of Schedule 1 shall be taken to be a
reference to a vehicle within the class or description of vehicles appearing
opposite that letter in column 1.
2 Manner
of application for the grant or renewal of a licence
(1) For
the purposes of Article 4(2)(a) of the Law the prescribed manner of
applying to the parochial authority for the grant of a licence shall be by
completing the form approved by the Minister for Infrastructure and submitting
it to the parochial authority not earlier than 3 months before the date on
which the licence is to take effect.[2]
(2) [3]
(3) This
Article shall apply equally to an application for the grant of a licence to
take effect immediately following the end of the period of validity of a
previous licence in respect of the same classes of vehicles (a
“renewal”).
3 Prescribed photograph
requirements[4]
(1) The
photograph for the purposes of Article 4(2)(b)(ii) of the Law shall
be –
(a) of
the applicant alone;
(b) taken
within 6 months before the date of the application;
(c) in
colour, taken against a white, cream or light, plain background;
(d) in
the case of –
(i) an application
submitted in paper form, 45 mm by 35 mm and printed on normal
photographic paper, or
(ii) an
application submitted as an electronic communication, a digital or scanned
photograph at 1200 dpi resolution or better; and
(e) a
close up of the head and shoulders with the face covering 65% to 75% of the
photograph.[5]
(2) The
photograph shall show –
(a) no
shadows;
(b) the
full face, looking straight at the camera;
(c) a
neutral expression, with the mouth closed;
(d) the
eyes open and clearly visible, with no sunglasses or heavily tinted glasses and
no hair across the eyes;
(e) no
reflection on spectacles, if worn, and the frames should not cover the eyes;
(f) the
full head, without any head covering, unless it is worn for religious beliefs;
and
(g) the
face uncovered.
(3) The
photograph shall also –
(a) be in
sharp focus and clear; and
(b) have
a strong definition between the face and background.[6]
(4) In
paragraph (1)(d)(ii) “electronic communication” has the
meaning given by Article 1(1) of the Electronic
Communications (Jersey) Law 2000..[7]
4 Prescribed
certificates – medical certificate
(1) This
Article applies –
(a) on an
application for the first grant of a licence that includes category C or D;
(b) on
each application for the grant of a licence by a person to whom Article 4(5)
or (6) of the Law applies;
(c) on an
application for the grant of a licence by a person who has indicated in the
application form for the grant of the licence any of the matters referred to in
paragraph (2).[8]
(2) Those
matters are that the person is suffering from, has at any time suffered from
or, if a period is specified in the application form, has during that period
suffered from –
(a) a
disease or physical disability specified in the application form; or
(b) any
other disease or physical disability that would be likely to cause the driving
by the person of a vehicle of the class or description the person would be
authorized by the licence to drive, to be a source of danger to the public.
(3) Where
this Article applies the prescribed certificate for the purposes of Article 4(2)(b)(iii)
of the Law shall be a certificate in a form approved by the Minister signed by
a registered medical practitioner not more than 3 months prior to the date
on which the licence is to have effect.
5 Prescribed
licences
(1) Where
Article 8(1)(c) of the Law applies the prescribed licence for the purposes
of Article 4(2)(b)(iii) of the Law shall be the domestic driving permit
referred to in Article 8(1)(c) of the Law.
(2) Where
the application is for the grant of a licence after the applicant has passed
the prescribed test for a category of licence the prescribed licence for the
purposes of Article 4(2)(b)(iii) of the Law shall be the provisional
licence last issued to the applicant in respect of that category of vehicle.
(3) Where
the application is for the grant of a licence to which Article 8(1)(b) of
the Law applies the prescribed licence for the purposes of Article 4(2)(b)(iii)
of the Law shall be the licence last issued to the applicant.
(4) Where
the application is for the first grant of a licence that includes category B+E,
C1 or D1 the prescribed licence for the purposes of Article 4(2)(b)(iii)
of the Law –
(a) shall
be a licence that includes category B (but shall not be a provisional
licence to drive a vehicle in category B); and
(b) where
the application is for a licence to drive a vehicle with manual transmission,
shall not be a licence having effect subject to the condition referred to in
Article 10(3).[9]
(5) When
the application is for the first grant of a licence that includes category C1+E
the prescribed licence for the purposes of Article 4(2)(b)(iii) of the
Law –
(a) shall
be a licence that includes category C1 (but shall not be a provisional
licence to drive a vehicle in category C1); and
(b) where
the application is for a licence to drive a vehicle with manual transmission,
shall not be a licence having effect subject to the condition referred to in
Article 10(3).[10]
(6) When
the application is for the first grant of a licence that includes category D1+E
or D+E the prescribed licence for the purposes of Article 4(2)(b)(iii) of
the Law –
(a) shall
be a licence that includes category D1 or D (but shall not be a
provisional licence to drive a vehicle in category D1 or D); and
(b) where
the application is for a licence to drive a vehicle with manual transmission,
shall not be a licence having effect subject to the condition referred to in
Article 10(3).[11]
(7) When
the application is for the first grant of a licence that includes category C or
D the prescribed licence for the purposes of Article 4(2)(b)(iii) of the
Law –
(a) shall
be a licence that includes category B (but shall not be a provisional
licence to drive a vehicle in category B) which must contain, or have submitted
with it, sufficient information to satisfy the parochial authority that the
applicant has held that licence or a licence to drive that category of vehicle
for a continuous period of at least 1 year; and
(b) where
the application is for a licence to drive a vehicle with manual transmission,
shall not be a licence having effect subject to the condition referred to in
Article 10(3).[12]
(8) Where
the application is for the first grant of a licence that includes category C+E
the prescribed licence for the purposes of Article 4(2)(b)(iii) of the
Law –
(a) shall
be a licence that includes category C (but shall not be a provisional licence
to drive a vehicle in category C) which must contain, or have submitted with
it, sufficient information to satisfy the parochial authority that the
applicant has held that licence or a licence to drive that category of vehicle
for a continuous period of at least 1 year; and
(b) where
the application is for a licence to drive a vehicle with manual transmission,
shall not be a licence having effect subject to the condition referred to in
Article 10(3).[13]
(9) Where
the application is for the first grant of a licence that includes category A
the prescribed licence for the purposes of Article 4(2)(b)(iii) of the
Law –
(a) shall
be a licence that includes category A1 (but shall not be a provisional licence
to drive a vehicle in category A1) which must contain, or have submitted with
it, sufficient information to satisfy the parochial authority that the
applicant has held that licence or a licence to drive that category of vehicle
for a continuous period of at least 1 year; and
(b) where
the application is for a licence to drive a vehicle with manual transmission,
shall not be a licence having effect subject to the condition referred to in
Article 10(3).[14]
(10) In
this Article “manual transmission” in relation to a vehicle, means
that its driver is provided with a means by which the driver may, independently
of the use of its accelerator or brakes, vary the proportion of power produced
by the engine of the vehicle that is transmitted to its road wheels.[15]
6 [16]
7 Prescribed
fee payable on application for a licence
(1) For
the purpose of Article 4(2)(d) of the Law the prescribed fee payable by a person
applying for a licence (not being a provisional licence) is the fee calculated
in accordance with Schedule 3.[17]
(2) Despite
paragraph (1), if a person surrenders a licence to the competent authority
so that the person may subsequently be granted another licence (other than a
provisional licence) in respect of a different category or categories of
vehicles, the prescribed fee for the grant of the other licence shall be the
total of –
(a) whichever
is the greater of –
(i) £15, and
(ii) the
fee specified in Schedule 3 to be payable for the grant of a licence, less
an amount, calculated at a rate of £5 for each year, or part of a year,
for which the surrendered licence, if it had not been surrendered, would have
remained in force; and
(b) if an
applicant requests and receives same-day service, the fee specified in Schedule 3
to be payable for that service.[18]
(3) Despite
paragraphs (1) and (2), if the licence to be granted to a person shall, by
virtue of Article 4(5) or (6) of the Law, remain in force for a period of
less than 10 years, the prescribed fee for the grant of the licence shall
be the total of –
(a) an
amount calculated at a rate of £5 for each year, or part of a year, that
the licence shall remain in force, or £15, whichever is the greater
amount; and
(b) if an
applicant requests and receives same-day service, the fee specified in Schedule 3
to be payable for that service.[19]
8 Prescribed
form of licence
For the purpose of Article 4(3)
of the Law the prescribed form of licence (not being a provisional licence) is
the form set out in Part 1 of Schedule 4 printed on a polycarbonate
or similar card that is pink and on the background of which appear the words “driving
licence” in languages of the European Union.[20]
9 Prescribed
category of vehicle
For the purpose of Articles 4(5)
and (6) of the Law the prescribed category of vehicle is a vehicle in category
C, C+E, D or D+E.[21]
10 Categories
of vehicles
(1) For
the purpose of determining the class or description of vehicle a licence
authorizes its holder to drive vehicles shall be divided into the categories
specified in columns 1 and 2 of Schedule 1.
(2) A
licence that authorizes a person to drive a category of vehicle specified by a
letter appearing in column 2 of Schedule 1 also authorizes the person
to drive the category or categories of vehicles specified by a letter or
letters appearing in column 3 opposite that category.
(3) Where
a person passes the practical test using a vehicle with automatic transmission paragraph (2)
shall have effect subject to the condition that the person is only authorized
to drive vehicles with automatic transmission.
(4) Each
category of vehicle referred to in paragraph (2) shall be specified in the
licence and where paragraph (3) applies that fact shall be noted in the
licence.
(5) In
this Article a reference to a letter appearing in column 2 or 3 of Schedule 1
includes any figure appearing in those columns.
(6) In
this Article “automatic transmission”, in relation to a vehicle,
means that its driver is not provided with a means by which the driver may,
independently of the use of its accelerator or the brakes, gradually vary the
proportion of power produced by the engine of the vehicle that is transmitted
to its road wheels.
11 Exchange
of domestic driving permits: prescribed countries etc.
(1) A
parochial authority may only issue, to a person who produces to the parochial
authority a domestic driving permit held by the person, a Jersey licence within
a category specified in column 3 of the table in Schedule 5 as being
equivalent to the domestic driving permit, and may do so only if the domestic
driving permit is –
(a) issued
by a country or territory listed in column 1 of the table in Schedule 5;
and
(b) within
a class of permits listed, in relation to that country or territory, in
column 2 of that table (having regard to any further conditions or
limitations specified in column 4 of that table, or to the fulfilment of
any further requirements so specified).
(2) A
licence shall not be issued under Article 8(1)(c) of the Law to the holder
of a domestic driving permit unless that permit is surrendered to the parochial
authority for return by that authority to the issuing authority.
(3) Reference
in this Article to a domestic driving permit includes reference to a letter or
other document –
(a) provided
by the issuing authority of any country or territory listed in column 1 of
the table in Schedule 5;
(b) showing
that the person producing the letter or document is authorized, under the law
of that country or territory, to drive vehicles of a class or description
corresponding to a class listed in column 2 of that table; and
(c) containing
a statement, sufficient to satisfy the parochial authority, of the matters as
to which a parochial authority is required to be satisfied under Article 8(1)(c)(i)
and (iii) of the Law. [22]
12 Nature
of tests of competence to drive
(1) For
the purpose of Article 8(4) of the Law the tests of a person’s
competence to drive a motor vehicle shall require the person to
undertake –
(a) in
the case of a person specified in paragraph (2), a test following the person
having undertaken a basic training course;
(b) an
off-road theory test; and
(c) an
on-road practical test.
(2) Paragraph (1)(a)
applies to –
(a) a person
who wants to obtain a licence (not being a provisional licence) to drive a
category A1 or P vehicle; or
(b) a person
who has been disqualified under Article 35 of the Law for holding or
obtaining a licence (not being a provisional licence) to drive a
category A vehicle until the person has passed the prescribed test.
13 Basic
training course defined
(1) In
this Order “basic training course” means a course held or arranged
by the Minister and conducted by an instructor approved by the Minister that
consists of –
(a) a
theoretical section, relating to knowledge of the contents of the Jersey
Highway Code and other relevant motoring matters, and the working and
maintenance of motor bicycles;
(b) “off-road”
training, being training on a motor bicycle off the road in manoeuvring the
motor bicycle; and
(c) “on-road”
training, being training on a motor bicycle on the road in the handling of a
motor bicycle.
(2) A
person undertaking the basic training course shall do so using a motor bicycle
provided for the purpose by that person.
14 Basic
training course certificate
(1) For
the purpose of Article 8(4) of the Law, on a person’s successful
completion of a basic training course the person shall be given a compulsory
basic training certificate.
(2) The
certificate shall be in the form set out in Part 1 of Schedule 6.
15 Theory
test[23]
The off road theory test
shall test the applicant’s knowledge of motoring matters including, in
particular, the Jersey Highway Code and –
(a) in
the case of an applicant taking the test for a licence to drive a vehicle in
category A, A1 or P, such motoring matters as are relevant to the driving of a
vehicle in any of those categories;
(b) in
the case of an applicant taking the test for a licence to drive a vehicle in
category B, B1, B+E, F, H or K, such motoring matters as are relevant to the
driving of a vehicle in any of those categories;
(c) in
the case of an applicant taking the test for a licence to drive a vehicle in
category C1, C1+E, C or C+E, such motoring matters as are relevant to the
driving of a vehicle in any of those categories;
(d) in
the case of an applicant taking the test for a licence to drive a vehicle in
category D1, D1+E, D or D+E, such motoring matters as are relevant to the
driving of a vehicle in any of those categories.
16 Theory
test certificate
(1) For
the purpose of Article 8(4) of the Law, on a person’s successful
completion of an off road theory test the person shall be given a theory test
certificate.
(2) The
certificate shall be in the form set out in Part 2 of Schedule 6.
17 The
practical test
(1) An
on road practical test can not be taken until after the applicant has passed
the theory test.
(2) It
shall be a test taken on public roads in a suitable vehicle provided by the
applicant.
(3) In
general the test shall seek to establish that the applicant –
(a) is
fully conversant with the contents of the Jersey Highway Code and other
relevant motoring matters; and
(b) is
competent to drive, without danger to, and with due consideration for, other
users of the road, a vehicle within the same category as that on which the
applicant is tested.
(4) In
particular the applicant shall be tested in respect of –
(a) the
matters specified in Part 1 of Schedule 7; and
(b) such
matters in Part 2 of that Schedule as are stated to be applicable to the
category of vehicle in respect of which the applicant is being tested.
(5) For
the purpose of Article 8(4)(a) of the Law, in this Article “suitable
vehicle”, in respect of a category of vehicle to be provided for a test,
means, a vehicle described in column 2 of Schedule 8 that appears
opposite the category of vehicle in column 1 of that Schedule in respect of
which the applicant is to be tested.
18 Prescribed
test certificate
(1) For
the purpose of Article 8(4) of the Law, on a person’s successful
completion of the practical test the person shall be given a certificate
showing that the person has passed the prescribed test and the category of
vehicle in respect of which the person was tested.
(2) The
certificate shall be in the form set out in Part 1 of Schedule 9.
(3) For
the purpose of Article 8(4) of the Law, if a person fails the practical
test the person shall be given a statement showing that the person has taken
but failed to pass the practical test and the category of vehicle in respect of
which the person was tested.
(4) The
statement shall be in the form set out in Part 2 of Schedule 9.
19 Application
to take test of competence to drive
(1) A
person who wants to undertake the basic training course must apply to the person
holding the course.
(2) A
person who wants –
(a) to
take the theory test; or
(b) to
take the practical test,
must apply to do so in a
manner approved by the Inspector.
(3) For
the purpose of Article 8(4)(b) of the Law the fee to accompany an
application referred to in this Article is the appropriate fee set out in Schedule 3.
20 Application
for theory test
The Inspector shall not
accept an application to take the off road theory test unless the application
is accompanied by a current provisional licence that authorizes the applicant
to drive the category of vehicle in respect of which the applicant is to be
tested.[24]
21 Application
for practical test
(1) The
Inspector shall not accept an application to take the on road practical test
unless the application is accompanied by –
(a) a
current provisional licence that authorizes the applicant to drive the category
of vehicle in respect of which the applicant is to be tested;
(b) a
theory test certificate showing that the applicant has successfully passed the
theory test; and
(c) where
the application is made by a person specified in paragraph (2), a
compulsory basic training certificate showing that the applicant has
successfully completed the basic training course.[25]
(2) Paragraph (1)(c)
applies to –
(a) a person
who wants to obtain a licence to drive a category A1 or P vehicle; or
(b) a person
who has been disqualified under Article 35 of the Law for holding or
obtaining a licence to drive a category A vehicle until the person has
passed the prescribed test.
(3) A
person who fails a practical test is ineligible to take another practical test
in respect of the same category of vehicle for 1 week after failing the
test.
22 Test
fees
(1) For
the purpose of Article 8(4)(b) of the Law the prescribed fee payable by a person
seeking to submit himself or herself to any part of the prescribed test is the
appropriate fee specified in Schedule 3.
(2) For
the purpose of Article 8(5)(b) of the Law the prescribed period of notice
is 3 clear days.
(3) For
the purpose of paragraph (2) a Saturday, a Sunday, a day appointed by the
States to be observed as a public holiday, Christmas Day or Good Friday is not
a “clear day”.
23 Taking
the theory test
(1) The
Inspector shall not permit a person to take a theory test unless immediately
before taking the test the person taking the test has produced to the Inspector
a current licence that authorizes the person to drive the category of vehicle
in respect of which the applicant is to be tested.[26]
(2) A
person who fails a theory test is ineligible to take another theory test in
respect of the same category of vehicle for 1 week after failing the test.
24 Taking
the practical test
(1) A
person taking the practical test shall provide a suitable vehicle for the
purpose.
(2) During
the test the vehicle shall not –
(a) carry
passengers or cargo; or
(b) be
fitted with a device designed to permit a person other than its driver to
operate its accelerator.
(3) Paragraph (2)(b)
does not apply if any pedal or lever by which the device is operated and any
other part that it may be necessary to remove to make the device inoperable
have been removed.
(4) An
examiner shall not permit a person to take a practical test unless immediately
before taking the test the person taking the test has produced to the
examiner –
(a) a
current licence authorizing the applicant to drive the category of vehicle in
respect of which the applicant is to be tested;
(b) [27]
(c) a
certificate showing that there is in force in respect of the vehicle in which
the applicant is to be tested a policy of insurance in respect of third-party
risk that complies with the requirements of the Motor Traffic
(Third-Party Insurance) (Jersey) Law 1948;
(d) a
theory test certificate showing that the person has successfully passed the
theory test; and
(e) where
the person taking the practical test is a person specified in paragraph (5),
a compulsory basic training certificate showing that the person has
successfully completed the basic training course.[28]
(5) Paragraph (4)(e)
applies to –
(a) a person
who wants to obtain a licence to drive a category A1 or P vehicle; or
(b) a person
who has been disqualified under Article 35 of the Law for holding or
obtaining a licence to drive a category A vehicle until the person has
passed the prescribed test.
(6) A
person while taking the practical test must allow –
(a) the
examiner; and
(b) any
other person authorized by the Inspector to attend the test to supervise it or
for any other relevant purpose,
to travel in the vehicle
provided for the test.
(7) Paragraph (6)
does not apply in respect of a motor cycle or a vehicle not fitted with seats
for passengers.
25 Disqualifying
diseases and physical disabilities – before grant of licence
(1) For
the purpose of Article 9(3)(a) of the Law the prescribed diseases and
physical disabilities are those set out in paragraph (2) and, if the
applicant is applying for a licence that would authorize the applicant to drive
a category C or D vehicle, paragraph (3).
(2) The
diseases and physical disabilities are –
(a) epilepsy;
(b) any
severe mental disorder;
(c) any
liability to sudden attacks of disabling giddiness or fainting;
(d) an
inability to read at a distance of 20.5 metres in good daylight (with the
aid of glasses or contact lenses if worn) a series of 6 letters and
figures of the same size and arrangement as those prescribed for the
registration mark of a motor car;
(e) a
persistent misuse of drugs or alcohol whether or not amounting to dependency.
(3) The
additional diseases and physical disabilities in respect of an application for
a licence to drive a category C or D vehicle are –
(a) an
epileptic attack since attaining the age of 5 years;
(b) diabetes
requiring insulin treatment;
(c) abnormal
sight in 1 or both eyes if the visual acuity is worse than 6/9 in the better
eye and worse than 6/12 in the other eye and, if corrective lenses are worn,
the uncorrected acuity in each eye is worse than 3/60;
(d) sight
in only 1 eye unless the visual acuity in that eye is no worse than 6/9.
(4) In
paragraph (3) a reference to a measurement of visual acuity is a reference
to visual acuity measured on the standard letter chart for eye testing known as
the Snellen scale.
26 Epilepsy –
when non disqualifying for obtaining licence
(1) For
the purpose of Articles 9(5) of the Law epilepsy is a prescribed disease
or disability except where the licence the applicant could be granted would
authorize the applicant to drive a category C or D vehicle.
(2) For
the purpose of Articles 9(5) of the Law the conditions the applicant must
satisfy in respect of epilepsy are those set out in paragraph (3).
(3) Those
conditions are –
(a) that
the applicant has been free from epileptic attacks during the period of
1 year immediately preceding the making of the application; or
(b) if
the applicant has had epileptic attacks during that period of 1 year but
only while asleep, that the only epileptic attacks the applicant has had during
the period of 3 years immediately preceding the making of the application
have been epileptic attacks while the applicant was asleep,
and, in either case, that
the driving of a vehicle by the applicant in pursuance of the licence is not
likely to be a source of danger to the public.
27 Heart
device – when non disqualifying for obtaining licence
(1) For
the purpose of Article 9(5) of the Law the medical condition described in paragraph (2)
is a prescribed disease or disability.
(2) The
medical condition is that the applicant has had a device implanted in the
applicant’s body that by operating on the heart regulates its action so
as to correct any sudden attack of disabling giddiness or fainting caused by a
disorder or defect of the heart.
(3) For
the purpose of Article 9(5) of the Law the conditions the applicant must
satisfy in respect of the medical condition prescribed by this Article are
those set out in paragraph (4).
(4) Those
conditions are –
(a) that
the applicant has made adequate arrangements to receive regular medical
supervision by a cardiologist (being a supervision to be continued throughout
the period of the licence) and is conforming to those arrangements; and
(b) that
the driving of a vehicle by the applicant in pursuance of the licence is not
likely to be a source of danger to the public.
(5) In
this Article “cardiologist” means a registered medical practitioner
who specialises in disorders or defects of the heart and who, in that
connection, holds a hospital appointment.
28 Loss,
etc. of limbs – when non disqualifying for obtaining licence
(1) For
the purpose of Article 9(5) of the Law the medical condition described in paragraph (2)
is a prescribed disease or disability.
(2) The
medical condition is that the applicant has a medical condition that is not
progressive in nature and that consists solely of any one or more of the
following –
(a) an
absence of all or part of 1 or more limbs;
(b) a
deformity of 1 or more limbs;
(c) a
loss of, or a deficiency in the use or movement of one or more limbs.
(3) For
the purpose of Article 9(5) of the Law the condition the applicant must
satisfy in respect of the medical condition prescribed by this Article is that
the applicant shall not drive vehicles that have not been appropriately
adapted, if necessary, to accommodate the applicant’s particular disability.
29 Disqualifying
diseases and physical disabilities to take prescribed test
(1) For
the purpose of Article 9(6) of the Law the prescribed diseases and
physical disabilities that disqualify a person from taking the prescribed test
are those set out in paragraph (2) and, if the prescribed test would be in
respect of a category C or D vehicle, paragraph (3).
(2) The
diseases and physical disabilities are –
(a) any
severe mental disorder;
(b) any
liability to sudden attacks of disabling giddiness or fainting;
(c) an
inability to read at a distance of 20.5 metres in good daylight (with the
aid of glasses or contact lenses if worn) a series of 6 letters and figures of
the same size and arrangement as those prescribed for the registration mark of
a motor car;
(d) a
persistent misuse of drugs or alcohol whether or not amounting to dependency.
(3) The
additional disqualifying diseases and physical disabilities for a prescribed
test in respect of a category C or D vehicle are –
(a) an
epileptic attack since attaining the age of 5 years;
(b) diabetes
requiring insulin treatment;
(c) abnormal
sight in 1 or both eyes if the visual acuity is worse than 6/9 in the better
eye and worse than 6/12 in the other eye and, if corrective lenses are worn,
the uncorrected acuity in each eye is worse than 3/60;
(d) sight
in only 1 eye unless the visual acuity in that eye is no worse than 6/9.
(4) In
paragraph (3) a reference to a measurement of visual acuity is a reference
to visual acuity measured on the standard letter chart for eye testing known as
the Snellen scale.
30 Disqualifying
diseases and physical disabilities – holder of a licence
(1) For
the purpose of Article 10(1)(a) of the Law the prescribed diseases and
physical disabilities are those set out in paragraph (2) and, if the
licence the resident holds authorizes the resident to drive a category C
or D vehicle, paragraph (3).
(2) The
diseases and physical disabilities are –
(a) any
severe mental disorder;
(b) any
liability to sudden attacks of disabling giddiness or fainting;
(c) an
inability to read at a distance of 20.5 metres in good daylight (with the
aid of glasses or contact lenses if worn) a series of 6 letters and
figures of the same size and arrangement as those prescribed for the
registration mark of a motor car;
(d) a
persistent misuse of drugs or alcohol whether or not amounting to dependency.
(3) The
additional diseases and physical disabilities where the licence the resident
holds authorizes the resident to drive a category C or D vehicle
are –
(a) an
epileptic attack since attaining the age of 5 years;
(b) diabetes
requiring insulin treatment;
(c) abnormal
sight in 1 or both eyes if the visual acuity is worse than 6/9 in the better
eye and worse than 6/12 in the other eye and, if corrective lenses are worn,
the uncorrected acuity in each eye is worse than 3/60;
(d) sight
in only 1 eye unless the visual acuity in that eye is no worse than 6/9.
(4) In
paragraph (3) a reference to a measurement of visual acuity is a reference
to visual acuity measured on the standard letter chart for eye testing known as
the Snellen scale.
31 Form
to be served on holder of licence by parochial authority
For the purpose of Article 10(5)
of the Law the prescribed form shall be –
(a) where
the form is to be served for the purpose of Article 10(6)(a) of the Law,
the form set out in Part 1 of Schedule 10; or
(b) where
the form is to be served for the purpose of Article 10(6)(b) of the Law,
the form set out in Part 2 of Schedule 10.
32 Prescribed
fee payable on application for a provisional licence
For the purpose of Article 11(1)
of the Law the prescribed fee payable by a person applying for a provisional
licence is the fee calculated in accordance with Schedule 3.[29]
33 Prescribed
form of provisional licence
For the purpose of Article 11(1)
of the Law the prescribed form of provisional licence is the form set out in Part 2
of Schedule 4 printed on a polycarbonate or similar card that is pink and
on the background of which appear the words “driving licence” in
languages of the European Union.[30]
34 Prescribed
conditions of provisional licence
(1) For
the purpose of Article 11(1) of the Law the prescribed conditions subject
to which a provisional licence shall be granted are those set out in this Article.
(2) The
condition set out in paragraph (3) does not apply –
(a) in
respect of a motor cycle unless it has attached to it a sidecar constructed for
the carriage of a passenger;
(b) a
vehicle (other than a motor car) that is not constructed or adapted to carry
more than one person; or
(c) when
the holder of the licence is undergoing the practical part of the prescribed
test.
(3) The
condition is that the holder of the provisional licence must not drive a
vehicle except under the supervision of a person who has attained the age of
21 years and who is present in the vehicle and holds and has held for at
least 3 years a licence (not being a provisional licence) to drive a
vehicle of the same category as the vehicle being driven by the holder of the
provisional licence.
(4) The
condition set out in paragraph (5) does not apply in respect
of –
(a) a
motor cycle or moped to which a sidecar is attached; or
(b) a
pedal bicycle of the tandem type to which an additional means of propulsion by
mechanical power is attached.
(5) The
condition is that the holder of the provisional licence must not drive a motor
cycle or a moped accompanied by a passenger.
(6) The
condition set out in paragraph (7) does not apply in respect of a motor
cycle or moped.
(7) The
condition is that the holder of the provisional licence must not drive a
vehicle that does not have displayed in a conspicuous place on its front and
back a distinguishing mark in the form set out in the diagram in Part 1 of
Schedule 11.
(8) The
condition set out in paragraph (9) only applies in respect of a motor
cycle or moped.
(9) The
condition is that the holder of the provisional licence must not drive a motor
cycle or moped that does not have displayed in a conspicuous manner a
distinguishing mark that –
(a) forms
part of, or is securely fixed over its entire surface to a rigid plate at the
back of the motor cycle or moped on which in accordance with the Motor Vehicle Registration
(General Provisions) (Jersey) Order 1993 the registration mark of the motor
cycle or moped is exhibited; and
(b) is in
one of the forms set out in the diagrams in Part 2 of Schedule 11.
(10) The
condition set out in paragraph (11) does not apply –
(a) in
respect of an agriculture tractor; or
(b) if
the trailer combination referred to in the condition is one the holder of the
provisional is authorized to drive by virtue of the provisional licence.
(11) The
condition is that the holder of the provisional licence must not drive a
vehicle while it is being used to draw a trailer.
35 Additional
prescribed conditions of provisional licence held by certain people
(1) This
Article applies in respect of a provisional licence granted to a person
required to undertake a basic training course who has not successfully passed
that course.
(2) For
the purpose of Article 11(1) of the Law the prescribed conditions subject
to which a provisional licence to which this Article applies shall be granted
shall include the condition set out in paragraph (3).
(3) That
condition is that the holder of the provisional licence must not drive a
vehicle on a road or in a public place unless the holder is doing so under the
supervision of an authorized instructor as part of a basic training course.
36 Exemptions
from prescribed conditions
(1) The
conditions prescribed by Articles 34 and 35 do not apply in respect of the
holder of a provisional licence insofar as the holder is otherwise authorized
by a licence or domestic driving permit to drive the vehicle in question.
(2) If
the holder of a provisional licence passes the prescribed test to drive a
particular category of vehicle the conditions prescribed in Article 34
cease to apply in relation to that category of vehicle for a period of one week
from the passing of the test.
37 Requirement
in respect of inexperienced drivers of motor cycles
(1) Pursuant
to Article 20(7) of the Law this Article applies in respect of
category A and A1 vehicles.
(2) A
vehicle to which this Article applies must not be driven by a person who has
held a licence (not being a provisional licence) to drive such a vehicle for a
continuous period of less than one year unless there is clearly displayed in a
conspicuous manner a distinguishing mark that –
(a) forms
part of, or is securely fixed over its entire surface to, a rigid plate at the
back of the vehicle on which, in accordance with the Motor Vehicle Registration
(General Provisions) (Jersey) Order 1993 the registration mark of the
vehicle is exhibited; and
(b) is in
one of the forms set out in the diagrams in Schedule 12.
38 Lost
or defaced licences
(1) This
Article applies where –
(a) the
holder of a licence satisfies the parochial authority that the licence has been
lost or defaced but that the holder of the licence continues to be entitled to
hold it; or
(b) the
photograph affixed to a licence becomes damaged or defaced or, in the opinion
of the parochial authority, no longer bears a true likeness to its holder.
(2) Where
this Article applies the parochial authority shall issue a duplicate licence to
the holder of the licence.
(3) A
duplicate licence has the same effect as the original licence.
(4) If
during the currency of a duplicate licence issued in respect of a lost licence
the original licence comes into the possession of the person to whom it was
issued that person must return it as soon as practicable to the parochial
authority.
39 Prescribed
fee payable on application for a duplicate licence
For the purpose of Article 12(a)
of the Law the prescribed fee payable by a person applying for a duplicate
licence is the fee calculated in accordance with Schedule 3.
39A Issue of licence
free from endorsement[31]
A licence that is, under
Article 16(5) of the Law, issued by the parochial authority free from
endorsement in substitution for any subsisting licence that is surrendered
shall remain valid until the same date as the date until which the surrendered licence
would have remained valid.
40 Prescribed
fee payable on application for a licence free from endorsement
For the purpose of Article 16(5)
of the Law the prescribed fee payable by a person applying for a licence free
from endorsement is the fee calculated in accordance with Schedule 3.
41 Change
of information in relation to licence[32]
(1) If
the holder of a licence changes his or her name from the name specified on the
licence, he or she shall as soon as practicable –
(a) surrender
the licence to the parochial authority; and
(b) provide
the parochial authority with a photograph of himself or herself that fulfils
the prescribed requirements, details of the change and any appropriate evidence
the parochial authority may need to substantiate the change.
(2) If
the holder of a licence issued before 4th April 2007 changes
his or her address from the address specified on the licence, he or she shall
as soon as practicable –
(a) surrender
the licence to the parochial authority; and
(b) provide
the parochial authority with a photograph of himself or herself that fulfils
the prescribed requirements, details of the change and any appropriate evidence
the parochial authority may need to substantiate the change.
(3) If
the holder of a licence issued on or after 4th April 2007 changes his or her
address, he or she shall as soon as practicable notify the parochial
authority of the change and provide the parochial authority with any
appropriate evidence the parochial authority may need to substantiate the
change.
(4) If
the categories of vehicles the holder of a licence is authorized to drive by
virtue of the licence change, the holder of a licence shall –
(a) surrender
the licence to the parochial authority; and
(b) provide
the parochial authority with a photograph of himself or herself that fulfils
the prescribed requirements, details of the change and any appropriate evidence
the parochial authority may need to substantiate the change.
(5) If
the parochial authority is satisfied that –
(a) the
holder of a licence has changed his or her name from the name specified on the
licence; or
(b) the
holder of a licence issued before 4th April 2007 has changed
his or her address from the address specified on the licence,
the parochial authority
shall issue an amended replacement licence to the person that is valid until
the same date as the surrendered licence would have been valid.
42 Category
C and C+E – young driver exemption
(1) Pursuant
to Articles 20(2) and (3) of the Law, Article 20(1) of the Law shall
have effect subject to paragraphs (2) and (3).
(2) A
person under the age of 21 years shall be eligible to apply for a
category C licence if the person holds and has held continuously for a
period of at least 2 years a category C1 licence (not being a
provisional licence) and the licence is free from endorsement.
(3) A
person under the age of 21 years shall be eligible to apply for a category
C+E licence if the person holds and has held continuously for a period of at
least 1 year a category C licence (not being a provisional licence)
and the licence is free from endorsement.
42A Reserve
forces – young driver exemption[33]
Despite Article 20(4)
of the Law, a person who has attained the age of 17 years is not to be
deemed to be disqualified by age from holding or obtaining a licence to drive,
or from driving under such a licence, on a road a motor vehicle specified in
any of items 9 to 14 of the table in that Article, if –
(a) the
person is a member of a home force that is a reserve force, within the meaning
of those terms in Article 3(1) of the Armed Forces (Offences
and Jurisdiction) (Jersey) Law 2017; and
(b) the
vehicle is used for the purposes of that force.
43 Additional
authorizations to drive vehicles
(1) The
authorizations granted by this Article are additional to those granted by Article 10(1).
(2) A
category C1 licence (not being a provisional licence) authorizes its
holder to drive any of the following large goods vehicles –
(a) a vehicle
propelled by steam;
(b) a
road roller;
(c) a
road construction vehicle;
(d) a
motor tractor the unladen weight of which does not exceed 7.5 tonnes;
(e) a
prime mover to which no trailer is attached;
(f) a
breakdown vehicle;
(g) a
track-laying vehicle that is being used primarily for work in connection with
agriculture, the laden weight of which does not exceed 1.5 tonnes.
(3) In
paragraph (2) –
“breakdown vehicle”
means a vehicle fitted with apparatus designed to raise a disabled vehicle
partly from the ground and then to draw it when so raised (whether by partial
superimposition or otherwise), the breakdown vehicle being a vehicle
that –
(a) is
used solely to deal with disabled vehicles;
(b) is
not used to convey a load other than a disabled vehicle when raised, and
supplies and equipment to operate the breakdown vehicle; and
(c) has
an unladen weight not exceeding 3.05 tonnes;
“road construction
vehicle” means a vehicle used or kept on the road solely for the
conveyance of built-in road construction machinery (with or without articles or
materials used for the purpose of that machinery);
“road roller”
means a mechanically propelled vehicle with heavy rollers at the front and rear
designed to compress the surface of roads in the course of road making or
maintenance;
“prime mover”
means a motor car as defined in Article 2 of the Law that is so
constructed that a trailer designed to carry goods may by partial
superimposition be attached to the vehicle in such a manner as to cause a
substantial part of the weight of the trailer to be borne by the vehicle.
(4) A
category B licence (not being a provisional licence) authorizes a police
officer, a member of the States of Jersey Fire and Rescue Service, a Traffic
Officer, a member of the States of Jersey ambulance service or a person acting
under the direction of a police officer to drive any category of vehicle if it
is necessary to do so to remove or avoid an obstruction to other road users or
other members of the public, to protect life or property or for any similar
purpose.
44 Transitional
provision
Anything done under the
revoked Order and in effect on the commencement of this Order that could have
been done under this Order shall have effect for the purpose of this Order as
if done under this Order.
44A Transitional
provisions applicable from 4th April 2007[34]
A licence that has been
issued by a parochial authority and that was, immediately before 4th April 2007,
in the form prescribed by this Order as then in force shall be taken after that
date to be in the form prescribed by this Order as in force after that date.
45 Citation
This Order may be cited
as the Motor Vehicles (Driving Licences) (Jersey) Order 2003.