Jersey R & O 9116
Road Traffic (Jersey) Law 1956
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ROAD TRAFFIC (No. 46) (JERSEY) REGULATIONS 1997
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(Promulgated on the 10th day of September 1997)
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STATES OF JERSEY
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The 9th day of
September 1997
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THE STATES, in pursuance of the powers
conferred on them by the Order in Council of the twenty-sixth day of December
1851 and Article 49 of the Road Traffic (Jersey) Law
1956, as amended (hereinafter referred to as
“the Law”), have made the following Regulations –
1. For
Article 14 of the Law there
shall be substituted the following Articles –
“ARTICLE
14
Dangerous driving
(1) If
any person drives a vehicle dangerously or rides an animal dangerously on a
road or other public place, he shall be guilty of an offence under this
Article.
(2) A
person guilty of an offence under this Article, such offence being a motoring
offence, shall be liable to a fine or to imprisonment for a term not exceeding
two years or to both such fine and imprisonment.
(3) A
person guilty of an offence under this Article, such offence not being a
motoring offence, shall be liable to a fine not exceeding level 3 on the
standard scale or to imprisonment for a term not exceeding three months or to
both such fine and imprisonment.
(4) Particulars
of any conviction for a motoring offence under this Article shall be endorsed
on any licence held by the person convicted.
ARTICLE
14A
Causing death by dangerous driving
(1) If
any person causes the death of another person by driving a motor vehicle
dangerously on a road or other public place, he shall be guilty of an offence
under this Article.
(2) A
person guilty of an offence under this Article shall be liable to a fine or to
imprisonment for a term not exceeding ten years or to both such fine and
imprisonment.
(3) Particulars
of any conviction for an offence under this Article shall be endorsed on any
licence held by the person convicted.
(4) A
person convicted of an offence under this Article shall, without prejudice to
the power of the court to order a longer period of disqualification and unless
the court for any special reason shall think fit to order otherwise, be
disqualified for a period of two years for holding or obtaining a licence.
ARTICLE 14B
Provisions supplemental to Articles 14
and 14A
(1) For
the purposes of Articles 14 and 14A of this Law, a person is to be regarded as
driving dangerously if and, subject to paragraph (3) of this Article, only if
–
(a) the
way he drives falls far below what would be expected of a competent and careful
driver; and
(b) it
would be obvious to a competent and careful driver that driving in that way
would be dangerous.
(2) For
the purposes of Article 14 of this Law in its application to a person riding an
animal, paragraph (1) of this Article shall apply as if any reference to
driving or to a driver were a reference to riding or to a rider.
(3) For
the purposes of Articles 14 and 14A of this Law, a person is also to be
regarded as driving dangerously if it would be obvious to a competent and
careful driver that driving the vehicle in its current state would be
dangerous.
(4) In
paragraphs (1) and (3) of this Article, “dangerous” refers to
danger either of injury to any person or serious damage to property and, in
determining for the purposes of those paragraphs what would be expected of, or
obvious to, a competent and careful driver in a particular case, regard shall
be had not only to the circumstances of which he could be expected to be aware
but also any circumstance shown to have been within the knowledge of the
accused.
(5) In
determining the state of a vehicle for the purposes of paragraph (3) of this
Article, regard may be had to anything attached to it or carried on or in it
and to the manner in which anything is attached or carried.”.
2. In
paragraph (1) of Article 15 of the Law, after the word “road” in
each place where it appears, there shall be inserted the words “or other
public place”.
3. After
Article 15 of the Law, there shall be inserted the following Article –
“ARTICLE
15A
Causing death by careless driving when
under the influence of drink or drugs
(1) If
any person causes the death of another person by driving a motor vehicle on a
road or other public place without due care and attention or without reasonable
consideration for other persons using the road or place and –
(a) he
is, at the time when he is driving, unfit to drive through drink or drugs; or
(b) he
has consumed so much alcohol that the proportion of it in his breath, blood or
urine at that time exceeds the prescribed limit; or
(c) he
is, within 18 hours after that time, required to provide a specimen in
pursuance of Article 16C of this Law, but, without reasonable excuse, fails to
provide it,
he shall be guilty of an offence under this Article.
(2) For
the purposes of this Article, a person shall be taken to be unfit to drive if
his ability to drive properly is for the time being impaired.
(3) A
person guilty of an offence under this Article shall be liable to a fine or to
imprisonment for a term not exceeding ten years or to both such fine and
imprisonment.
(4) Particulars
of any conviction for an offence under this Article shall be endorsed on any
licence held by the person convicted.
(5) A
person convicted of an offence under this Article shall, without prejudice to
the power of the court to order a longer period of disqualification and, unless
the court shall for any special reason think fit to order otherwise, be
disqualified for a period of twelve months for holding or obtaining a
licence.”.
4. In
Article 16C of the Law –
(a) in
paragraph (1), for the words “Article 16” there shall be
substituted the words “Article 15A, 16”; and
(b) in
paragraph (3) –
(i) the
word “or” at the end of sub-paragraph (b) shall be deleted and,
after sub-paragraph (b), there shall be inserted the following sub-paragraph
–
“(ba) a device of the
type mentioned in sub-paragraph (a) of paragraph (1) of this Article has been
used at the police station and the police officer making the requirement has
reasonable cause to believe that the device has not produced a reliable
indication of the proportion of alcohol in the breath of the person concerned;
or”,
and
(ii) in
sub-paragraph (c), for the words “Article 16” there shall be
substituted the words “Article 15A or 16”.
5.-(1) In the heading to Article 16F of the
Law, for the words “Article 16”
there shall be substituted the words “Article 15A, 16”.
(2) In
Article 16F of the Law –
(a) In
paragraph (1), for the words “Article 16” there shall be
substituted the words “Article 15A, 16”;
(b) in
paragraph (2), after the words “in all cases” there shall be
inserted the words “(including cases where the specimen was not provided
in connection with the alleged offence)”;
(c) for
paragraph (3) there shall be substituted the following paragraph –
“(3) The
assumption described in paragraph (2) of this Article shall not be made if the
accused proves –
(a) that
he had consumed alcohol before he provided the specimen and –
(i) in
relation to an offence under Article 15A of this Law, after the time of the
alleged offence, or
(ii) otherwise,
after he had ceased to drive, attempt to drive or to be in charge of a motor
vehicle on a road or other public place;
and
(b) that
had he not done so, the proportion of alcohol in his breath, blood or urine
would not have exceeded the prescribed limit and, if it is alleged that he was
unfit to drive through drink, would not have been such as to impair his ability
to drive properly.”.
6. For
Articles 18 and 19 of the Law there shall be substituted the following Article
–
“ARTICLE
18
Alternative verdicts
(1) If,
on the trial of a person charged with an offence specified in the first column
of the table below (where the general nature of the offence is indicated), the
court or the jury, as the case may be, is of the opinion that he is not guilty
of that offence but is guilty of an offence under one or more of the provisions
specified in the corresponding entry in the second column of the table below,
he may be found guilty of an offence under one or more of those provisions.
|
Offence charged
|
Alternative
|
|
manslaughter
(customary law)
|
dangerous driving (Article 14)
|
|
causing death by dangerous driving (Article 14A)
|
|
careless driving (Article 15)
|
|
causing death by dangerous driving (Article 14A)
|
dangerous driving (Article 14)
|
|
careless driving (Article 15)
|
|
dangerous driving
(Article 14)
|
careless driving (Article 15)
|
|
causing death by careless driving when under influence of
drink or drugs
(Article 15A)
|
careless driving (Article 15)
|
|
driving when under influence of drink or drugs (Article
16)
|
|
driving with alcohol concentration above prescribed limit
(Article 16A)
|
|
failing to provide a specimen for analysis or laboratory
tests (Article 16C(7))
|
|
driving when under influence of drink or drugs (Article
16)
|
being in charge of a motor vehicle when under influence of
drink or drugs (Article 16)
|
|
driving or attempting to drive with alcohol concentration
above prescribed limit
(Article 16A(1)(a))
|
being in charge of a motor vehicle with alcohol
concentration above prescribed limit (Article 16(1)(b))
|
(2) Where
the offence with which a person is charged or indicted is an offence under
Article 15A of this Law, paragraph (1) of this Article shall not authorize his
conviction of any offence of attempting to drive.
(3) The
provisions of this Article are without prejudice to any other powers of the
court.”.
7. In
the First Schedule to the Law, in Part D –
(a) for
the item and entry for Article 14 there shall be substituted the following
items and entries –
|
“Article 14
|
(dangerous driving);
|
|
Article 14A
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(causing death by dangerous driving);”;
|
(b) after
the item and entry for Article 15 there shall be inserted the following item
and entry –
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Article 15A
|
(causing death by careless
driving when under influence of drink or drugs);”.
|
8. In
the Third Schedule to the Law –
(a) for
the item and entry for Article 14 there shall be substituted the following
items and entries –
|
“Article 14
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dangerous driving;
|
|
Article 14A
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causing death by dangerous
driving;”;
|
(b) after
the item and entry for Article 15 there shall be inserted the following item
and entry –
|
“Article 15A
|
causing death by dangerous
driving when under influence of drink or drugs;”.
|
9.-(1) These Regulations may be cited as the
Road Traffic (No. 46) (Jersey) Regulations 1997 and shall come into force on
the seventh day following promulgation.
(2) These
Regulations shall not have effect in relation to any offence committed before
the day these Regulations come into force.
C.M. NEWCOMBE
Deputy Greffier of the States.