Jersey Law 26/1956

 

“ROAD TRAFFIC (JERSEY) LAW, 1956”,

 

CONFIRMÉ PAR

 

Ordre de Sa Majesté en Conseil

 

en date du 3 Août 1956.

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(Enregistré le 1er Septembre 1956).

 

ROAD TRAFFIC (JERSEY) LAW, 1956.

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ARRANGEMENT OF ARTICLES.

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Introductory

 

Article

  1.

Interpretation

  2.

Classification of motor vehicles

 

Licensing of drivers of motor vehicles.

  3.

Licensing of drivers

  4.

Tests of competence to drive

  5.

Provisions as to physical fitness

  6.

Provisional licences

  7.

Requirements as to production of licences and certificates of insurance

  8.

Disqualification for offences and endorsement of convictions

  9.

Provisions as to disqualifications and suspensions

10.

Provisions as to endorsements

11.

Forgery etc., of licences

 

Provisions as to driving of vehicles and offences in connexion therewith.

12.

Vehicles to keep to the left or near side of the road

13.

Restriction on driving by young or inexperienced persons

14.

Dangerous driving

15.

Careless driving

16.

Driving when under influence of drink or drug

17.

Power to order offenders to be tested

18.

Power to convict of dangerous driving on trial for manslaughter

19.

Power to proceed on charge for careless driving on hearing of charge for dangerous driving.

20.

Restriction on drawing of trailers

21.

Motor vehicles to give way to other vehicles in narrow roads

22.

Provisions with respect to footways etc

23.

Restriction on pillion riding on motor cycles

24.

Restriction on carriage of persons on bicycles

25.

Prohibition on riding or propelling bicycles more than two abreast

26.

Duty to stop and duty to give name and address

 

Accidents.

27.

Duty to stop in case of accident

 

Miscellaneous Provisions.

28.

Taking vehicle without owner’s consent or other authority

29.

Restrictions on persons being towed by, getting on to or tampering with motor vehicles

30.

Prohibition on leaving of vehicles on roads in positions likely to cause danger or obstruction

31.

Power to make provision with regard to removal of vehicles from roads

32.

Provisions with regard to stretching of ropes etc., across public roads

 

Provisions relating to public roads.

33.

Power to restrict use of roads by vehicles

34.

Power of highway authority temporarily to prohibit or restrict traffic on roads

 

Traffic signs and directions.

35.

Erection of traffic signs

36.

Penalties for neglect of traffic directions

 

Provisions as to weight and weighing of vehicles.

37.

Method of calculating weight

38.

Weighing of motor vehicles

 

Orders.

39.

Orders with regard to motor vehicles

40.

Orders with regard to vehicles other than motor vehicles

41.

Prohibition on sale etc., of vehicles in a condition not complying with orders as to construction etc

42.

General provisions as to orders

 

General.

43.

Issue by Committee of directions for guidance of users of roads

44.

Duty to give information as to person in charge of vehicle

45.

Penalties for offences

46.

Power to levy fines summarily

47.

Application of fines

48.

Financial provisions

49.

Saving

50.

Repeal and amendment of existing regulations

51.

Short title and commencement


ROAD TRAFFIC (JERSEY) LAW, 1956.

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A LAW   to revise the Law with regard to the regulation of road traffic and to provide for matters incidental thereto, sanctioned by Order of Her Majesty in Council of the

 

3rd day of AUGUST, 1956.

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(Registered on the 1st day of September, 1956)

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STATES OF JERSEY.

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The 15th day of March, 1956.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law :  -

 

Introductory

ARTICLE 1

INTERPRETATION

(1)     In this Law, unless the context otherwise requires –

“animal” excludes dogs;

“the Committee” and “Traffic Officer” have the same meanings as in the Motor Traffic (Jersey) Law, 1935;1

“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and the expression “drive” shall be construed accordingly;

licence” means a licence to drive a motor vehicle granted under Article 3 of this Law, and includes a provisional licence;

“licensing authority” means the Constable of the parish in which the applicant for a licence resides;

“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads;

“motoring offence” means an offence in connexion with a motor vehicle;

“order” means an order made by the Committee under this Law;

“prescribed” means prescribed by order;

“prescribed test” has the meaning assigned thereto by Article 4(1) of this Law;

“provisional licence” means a provisional licence granted under Article 6 of this Law;

“road” means any public road, any other road to which the public has access, any bridge over which a road passes and any sea beach;

“traffic sign” includes all signals, warning sign posts, direction posts, signs or other devices for the guidance or direction of persons using roads;

“trailer” means any vehicle drawn by another vehicle.

(2)           References in this Law to any enactment repealed by this Law include references to any former enactment corresponding to that enactment.

(3)           References in this Law to the driving of a vehicle shall, in the case of a vehicle propelled by human power, be construed as references to the propelling or riding of the vehicle.

ARTICLE 2

CLASSIFICATION OF MOTOR VEHICLES

(1)           Motor vehicles shall, for the purposes of this Law, be divided into the following classes –

(a)     Tractors: that is to say, mechanically propelled vehicles which are not constructed themselves to carry any load, other than water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment;

(b)     Tractors with trailers: that is to say, tractors, as defined in the foregoing sub-paragraph, drawing trailers (other than agricultural implements not constructed to carry a load) except when used in the course of the internal operations of a farm;

(c)     Heavy motor cars: that is to say, mechanically propelled vehicles which are constructed themselves to carry a load or passengers and the weight of which unladen exceeds two tons and a half;

(d)     Motor cars: that is to say, mechanically propelled vehicles (not being vehicles classified under this Article as heavy motor cycles, light motor cycles or invalid carriages) which are constructed themselves to carry a load or passengers and the weight of which unladen does not exceed two tons and a half;

(e)     Heavy motor cycles: that is to say, mechanically propelled vehicles (not being vehicles classified under this Article as light motor cycles or invalid carriages) with less than four wheels and the weight of which unladen does not exceed eight hundred-weight;

(f)      Light motor cycles: that is to say, mechanically propelled vehicles (not being vehicles classified under this Article as invalid carriages) with less than four wheels, the weight of which unladen does not exceed three hundredweight and the cylinder capacity of the engine of which does not exceed two hundred cubic centimetres;

(g)     Invalid carriages: that is to say, mechanically propelled vehicles the weight of which unladen does not exceed five hundred-weight and which are specifically designed and constructed, and not merely adapted, for the use of persons suffering from some physical defect or disability and are used solely by such persons.

(2)           Provision may be made by order for –

(a)     subdividing any such class as aforesaid, whether according to weight, construction, nature of tyres, use or otherwise, and making different provision with respect to each subdivision; and

(b)     varying as respects any class the maximum or minimum weight or cylinder capacity fixed by this Article.

(3)           Any reference in this Law to a class of motor vehicles shall include a reference to a subdivision of such a class.

(4)           For the purposes of this Law –

(a)     in any case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load; and

(b)     in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load, but shall be deemed to form part of the vehicle; and

(c)     a side car attached to a motor cycle shall, if it complies with the prescribed conditions, be regarded as forming part of the vehicle to which it is attached and not as being a trailer:

Provided that this sub-paragraph shall not apply in computing the weight of a light motor cycle for the purposes of sub-paragraph (f) of paragraph (1) of this Article.

 

Licensing of drivers of motor vehicles

ARTICLE 3

LICENSING OF DRIVERS

(1)           A person shall not drive a motor vehicle of any class or description on a road unless he is the holder of a licence authorizing him to drive motor vehicles of that class or description, and a person shall not employ any person to drive a motor vehicle of any class or description on a road unless the person so employed is the holder of a licence authorizing him to drive motor vehicles of that class or description, and if any person acts in contravention of this provision he shall be guilty of an offence.

(2)           Subject to the provisions of this Law as to the physical fitness of applicants for licences and their competence to drive motor vehicles, on application being made in the prescribed manner by any person who makes a declaration in the prescribed form that he is not, under the provisions of this Law, disqualified by reason of age or otherwise for obtaining the licence for which he is applying, the licensing authority, except in the case of an applicant who is disqualified as hereinafter mentioned, shall on payment of such fee as may be prescribed grant a licence, being a licence in the prescribed form, authorizing him to drive motor vehicles of such class or description or of such classes or descriptions as may be specified in the licence.

(3)           Subject to the provisions of this Law with respect to provisional licences, a licence shall, unless previously revoked or surrendered, remain in force until the thirty-first day of January next following the date on which it takes effect, but shall be renewable annually, and the same provisions shall apply to the renewal of a licence as apply to the grant of a licence.

(4)           A person shall be disqualified for obtaining a licence

(a)     while another licence granted to him is in force;

(b)     if he is by a conviction under this Law or by an order of a court thereunder disqualified for holding or obtaining a licence.

(5)           In any proceedings the fact that a licence has been granted to a person shall be evidence that that person for the purpose of obtaining that licence made a declaration that he was not disqualified for holding or obtaining the licence.

ARTICLE 4

TEST OF COMPETENCE TO DRIVE

(1)           A licence (other than a provisional licence)

shall not be granted to any applicant unless he satisfies the licensing authority that he has, within the five years immediately preceding the date of the application for the licence, either –

(a)    passed a test prescribed under this Article (in this Law referred to as a “prescribed test”) showing him to be competent to drive vehicles of the class or description which he would be authorized, by the licence applied for, to drive; or

(b)    held such a licence authorizing him to drive vehicles of that class or description.

(2)           For the purposes of sub-paragraph (b) of paragraph (1) of this Article, on the first application for a licence under this Law by a person who, during the five years immediately preceding the date of the application for the licence, held a licence granted under any enactment repealed by this Law, the last-mentioned licence shall –

(a)    where it is a licence to drive a heavy motor car or a motor car, be deemed to be a licence authorizing him to drive vehicles of any class; and

(b)    where it is a licence to drive a motor cycle, with or without sidecar, be deemed to be a licence to drive a heavy motor cycle or a light motor cycle.

(3)           Provision may be made by order with respect to the nature of tests of competence to drive for the purposes of this Article, the evidence of the results thereof, and generally with respect thereto, and, in particular, but without prejudice to the generality of the foregoing –

(a)    for requiring a person submitting himself for a test to provide a vehicle for the purposes thereof;

(b)    for requiring a person submitting himself for a test to pay such fee as may be specified in the order;

and different provision may be made with respect to tests of competence to drive different classes or descriptions of vehicles.

(4)           Provision may be made by order for dispensing, in the case of persons not resident in the Island, with the requirements of paragraph (1) of this Article.

(5)           Prescribed tests shall be conducted by Traffic Officers.

ARTICLE 5

PROVISIONS AS TO PHYSICAL FITNESS

(1)           On an application for the grant of a licence, the applicant shall make a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form, or any other disease or physical disability which would be likely to cause the driving by him of a motor vehicle, being a vehicle of such a class or description as he would be authorized by the licence to drive, to be a source of danger to the public.

(2)           If from the declaration it appears that the applicant is suffering from any such disease or disability as aforesaid, the licensing authority shall refuse to grant the licence:

Provided that –

(a)    a licence limited to driving an invalid carriage may be granted to the applicant if the licensing authority is satisfied that he is fit to drive such a carriage;

(b)    the applicant may, except in the case of such diseases and disabilities as may be prescribed, on payment of the prescribed fee, claim to be subjected to the prescribed test as to his competence to drive a motor vehicle of any such class or description as he would be authorized by the licence to drive, and if he passes the prescribed test and is not otherwise disqualified, the licence shall not be refused by reason only of the provisions of this paragraph, so, however, that if the test proves his competence to drive vehicles of a particular construction or design only, the licence shall be limited to the driving of such vehicles.

(3)           If it appears to the Constable of a parish that there is reason to believe that any holder of a licence residing in the parish is suffering from a disease or physical disability likely to cause the driving by him of a motor vehicle, being a vehicle of any such class or description as he is authorized by the licence to drive, to be a source of danger to the public, and on enquiry into the matter the Constable is satisfied that the holder of the licence is suffering from such a disease or disability as aforesaid, then, whether or not the holder of the licence so suffering as aforesaid has previously passed a prescribed test, the Constable may, after giving to the holder of the licence notice of intention so to do, revoke the licence :

Provided that the holder of the licence may, except in the case of such diseases and disabilities as may be prescribed, claim to be subjected to a prescribed test as to his competence to drive a motor vehicle of such a class or description as he is authorized by the licence to drive, and if he passes the prescribed test the licence shall not be revoked.

(4)           Where a licence is revoked under this Article, the holder of the licence shall forthwith deliver it to the Constable by whom it is revoked and, if he fails to do so, he shall be liable to a fine not exceeding five pounds.

(5)           If any person is aggrieved by a refusal to grant a licence or by the revocation of a licence under this Article, he may, after giving to the authority by whom the licence was refused or revoked, as the case may be, notice of intention so to do, appeal to the Inferior Number of the Royal Court, and on any such appeal the court may make such order as it thinks fit, and any order so made shall be binding.

ARTICLE 6

PROVISIONAL LICENCES

(1)           For the purpose of enabling an applicant for the grant of a licence to learn to drive a motor vehicle with a view to passing a test under Article 4 or 5 of this Law, the licensing authority may, if so requested by him and on payment of such fee as may be prescribed, grant him a provisional licence to be in force for a period of six months, which licence shall be in the prescribed form and granted subject to the prescribed conditions :

Provided that the grant of a provisional licence may be refused to an applicant to whom such a licence has been granted at any time within the preceding twelve months, if it appears to the authority that he does not intend to submit himself to the said test within a reasonable time.

(2)           If any person to whom a provisional licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence.

ARTICLE 7

REQUIREMENTS AS TO PRODUCTION OF LICENCES AND CERTIFICATES OF INSURANCE

(1)           Any person driving a motor vehicle on a road shall, on being so requested by a Police Officer, produce his licence for examination, or, if he is unable to do so, produce it in person to a Police Officer, within forty-eight hours of the time at which its production was required, at such place as may be notified to him at that time, and, if he fails to do so, he shall be liable to a fine not exceeding one pound.

(2)           Paragraph (1) of this Article and paragraph (1) of Article 15 of the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948,2 shall have effect as if the references therein to a person driving a motor vehicle on a road included references to –

(a)     any person whom a Police Officer has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a road ;

(b)     any person whom a Police Officer has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle on a road ; and

(c)     any person who accompanies the holder of a provisional licence while that person is driving a motor vehicle on a road or whom a Police Officer has reasonable cause to believe to have accompanied the holder of such a licence while driving at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the said holder in relation to the use of the vehicle on a road :

Provided that so much of paragraph (1) of Article 15 of the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948,3 as requires the production of a certificate of insurance shall not apply to any such person as is specified in sub-paragraph (c) of this paragraph.

ARTICLE 8

DISQUALIFICATION FOR OFFENCES AND ENDORSEMENT OF CONVICTIONS

(1)           A court before which a person is convicted of any offence in connexion with the driving of a motor vehicle (not being an offence under the Motor Traffic (Jersey) Law, 1935) –4

(a)     may in any case, except where otherwise expressly provided by this Law, and shall where so required by this Law, order him to be disqualified for holding or obtaining a licence for such period as the court thinks fit ; and

(b)     may in any case, and shall where a person is by virtue of a conviction disqualified for holding or obtaining a licence or where an order so disqualifying any person is made or where so required by this Law, order that particulars of the conviction and of any disqualification to which the convicted person has become subject shall be endorsed on any licence held by the offender :

Provided that, if the court thinks fit, any disqualification imposed under this Article may be limited to the driving of a motor
vehicle of the same class or description as the vehicle in relation to which the offence was committed.

(2)           A person who by virtue of an order of a court under this Law is disqualified for holding or obtaining a licence may appeal against the order in the same manner as against a conviction, and a court before whom a person is convicted of an offence whereby he is so disqualified (whether by virtue of the conviction or by an order of the court) may, if it thinks fit, pending the appeal against the conviction or order, suspend the disqualification.

(3)           Article 17 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949,5shall not apply to an order disqualifying a person for holding or obtaining a licence.

ARTICLE 9

PROVISIONS AS TO DISQUALIFICATIONS AND SUSPENSIONS

(1)           Where a person who is disqualified by virtue of a conviction or order under this Law is the holder of a licence, the licence shall be suspended so long as the disqualification continues in force.

(2)           A licence suspended by virtue of this Law shall during the time of suspension be of no effect.

(3)           A person who, by virtue of a conviction or order under this Law, is disqualified for holding or obtaining a licence may, at any time after the expiration of six months from the date of the conviction or order, and from time to time, apply to the court before which he was convicted or by which the order was made to remove the disqualification, and on any such application the court may, as it thinks proper, having regard to the character of the person disqualified and his conduct subsequent to the conviction or order, the nature of the offence and any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order, or limit the disqualification to the driving of a motor vehicle of the same class or description as the vehicle in relation to which the offence was committed, or refuse the application :

Provided that where, on an application under this paragraph, a disqualification is not removed, a further application thereunder shall not be entertained if made within six months after the date of the decision of the court on the application.

If the disqualification is removed or limited, the order of the court shall include a direction that particulars of the order be endorsed on the licence, if any, previously held by the applicant and the court shall in any case have power to order the applicant to pay the whole or any part of the costs of the application.

(4)           If any person who under the provisions of this Law is disqualified for holding or obtaining a licence applies for or obtains a licence while he is so disqualified, or if any such person while he is so disqualified drives a motor vehicle, or, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, a motor vehicle of that class or description, on a road, that person shall be liable to imprisonment for a term not exceeding six months, or if the court thinks that, having regard to the special circumstances of the case, a fine would be an adequate punishment for the offence, to a fine not exceeding fifty pounds, or to both such imprisonment and such fine, and a licence obtained by any person disqualified as aforesaid shall be of no effect.

(5)           In calculating the period for which a person is disqualified for holding or obtaining a licence on a conviction under this Law or under the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948,6 or by an order made in consequence of such a conviction, or the time after which a person may apply under this Article for the removal of such a disqualification, any time after the conviction during which he was not disqualified shall be disregarded.

(6)           For the purposes of this Article, references to orders and convictions under this Law include references to orders and convictions under the corresponding provisions of any enactment repealed by this Law.

ARTICLE 10

PROVISIONS AS TO ENDORSEMENTS

(1)           An order that the particulars of any conviction or of any disqualification to which the convicted person has become subject are to be endorsed on any licence held by the offender shall, whether the offender is at the time the holder of a licence or not, operate as an order that any licence he may then hold or may subsequently obtain, shall be so endorsed until he becomes entitled under the provisions of this Article to have a licence issued to him free from endorsement.

(2)           Where an order is made requiring any licence held by an offender to be endorsed, then –

(a)     if the offender is at the time the holder of a licence, he shall, if so required by the court, produce the licence within three days or such longer time as the court may determine, for the purpose of endorsement ; and

(b)     if he is not then the holder of a licence, but subsequently obtains a licence, he shall within three days after so obtaining the licence produce it to the Judicial Greffier for the purpose of endorsement ;

and, if he fails to do so, he shall be guilty of an offence ; and if the licence is not produced for the purpose of endorsement within such time as aforesaid, it shall be suspended from the expiration of such time until it is produced for the purpose of endorsement.

(3)           On the issue of a new licence to any person, the particulars endorsed on any previous licence held by him shall be copied on to the new licence unless he has previously become entitled under the provisions of this Article to have a licence issued to him free from endorsement.

(4)           If any person whose licence has been ordered to be endorsed and who has not previously become entitled under the provisions of this Article to have a licence issued to him free from endorsement applies for or obtains a licence without giving particulars of the order, he shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, and any licence so obtained shall be of no effect.

(5)           Where a person in respect of whom an order has been made under this Law, or the corresponding provisions of any enactment repealed by this Law, requiring the endorsement of any licence held by him has, during a continuous period of three years or upwards since the order was made, had no such order made against him, he shall be entitled, either on applying for the grant of a licence or, subject to the payment of a fee of two shillings and sixpence and subject to surrender of any subsisting licence, on application at any time, to have issued to him a new licence free from endorsement :

Provided that, in reckoning the said continuous period of three years, any period during which the applicant was by virtue of the order disqualified for holding or obtaining a licence shall be excluded.

(6)           Where by a conviction or order of a court a person is disqualified for holding or obtaining a licence, the licence shall be retained by the Judicial Greffier until the disqualification has expired or been removed and the person entitled to the licence has made a demand in writing for its return to him.

(7)           Where the disqualification to which a person has become subject is limited to the driving of a motor vehicle of a particular class or description, the court shall forward the licence held by that person to the licensing authority by whom it was granted and the licensing authority shall forthwith after the receipt thereof issue to that person a new licence on which there shall be indicated in the prescribed manner the class or description of vehicle which the holder of the licence is not thereby authorized to drive, and the licence so issued shall remain in force either for the unexpired period of the original licence or for the period of the disqualification, whichever is the shorter.

ARTICLE 11

FORGERY ETC., OF LICENCES

(1)           If, with intent to deceive, any person –

(a)     forges, or alters or uses or lends to or allows to be used by any other person, any licence ; or

(b)     makes or has in his possession any document so closely resembling a licence as to be calculated to deceive ;

he shall be guilty of a misdemeanour and shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding two years or to both such imprisonment and fine.

(2)           If any person for the purpose of obtaining the grant of any licence to himself or any other person, or the variation of any licence, or for the purpose of preventing the grant or variation of any licence, or of procuring the imposition of any condition or limitation in relation to a licence, knowingly makes any false statement or withholds any material information, he shall be liable to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months or to both such imprisonment and fine.

 

Provisions as to driving of vehicles and offences in connexion therewith.

ARTICLE 12

VEHICLES TO KEEP TO THE LEFT OR NEAR SIDE OF THE ROAD

(1)           A person driving a vehicle on a road –

(a)     shall keep the vehicle as near as practicable to the left or near side of the road, unless about to overtake another vehicle or to turn to the right or to stop the vehicle on the opposite side of the road ;

(b)     shall, when overtaking another vehicle proceeding in the same direction, pass to the right or off side of that vehicle unless the driver thereof has signalled his intention to turn or move to the right.

(2)           This Article shall apply to the riding, leading or driving of an animal as it applies to the driving of a vehicle.

(3)           If any person contravenes the provisions of this Article, he shall be liable to a fine not exceeding five pounds.

ARTICLE 13

RESTRICTION ON DRIVING BY YOUNG OR INEXPERIENCED PERSONS

(1)           A person under seventeen years of age shall not drive a motor vehicle on a road, and shall, for the purposes of this Law, be deemed to be disqualified for holding or obtaining a licence.

(2)           A person shall not drive a heavy motor cycle on a road, and shall, for the purposes of this Law, be deemed to be disqualified for holding or obtaining a licence to drive a heavy motor cycle, unless –

(a)     he has held a licence (other than a provisional licence) to drive a light motor cycle for a continuous period of at least one year, excluding any period during which he was, by virtue of a conviction or order under this Law, disqualified for holding or obtaining such a licence ; or

(b)     he has held a licence to drive a motor vehicle granted under any enactment repealed by this Law.

(3)           Any person who drives, or causes or permits any person to drive, a motor vehicle in contravention of this Article, shall be guilty of an offence.

ARTICLE 14

DANGEROUS DRIVING

(1)           If any person drives a vehicle or rides an animal on a road or other public place at a dangerous speed or in a dangerous manner, he shall be liable –

(a)     in the case of a first offence, to a fine not exceeding twenty-five pounds or to imprisonment for a term not exceeding one month ; and

(b)     in the case of a second or subsequent conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(2)           The court shall order particulars of any conviction for a motoring offence under this Article to be endorsed on any licence held by the person convicted.

(3)           On a second or subsequent conviction for a motoring offence under this Article, the court shall exercise the power conferred by this Law of ordering that the offender shall be disqualified for holding or obtaining a licence unless the court, by reason of three years or more having elapsed since the date of the previous or last previous conviction or for any other special reason thinks fit to order otherwise, but this provision shall not be construed as affecting the right of the court to exercise the power aforesaid on a first conviction.

The disqualification required to be imposed by this paragraph shall be for a period of not less than nine months unless more than three years have elapsed since the offender’s last conviction under this Article.

ARTICLE 15

CARELESS DRIVING

(1)           If any person drives a vehicle on a road without due care and attention or without reasonable consideration for other persons using the road, he shall be guilty of an offence.

(2)           A first conviction for a motoring offence under this Article shall not render the offender liable to be disqualified for holding or obtaining a licence for a longer period than one month :

Provided that, where within the three years next before the date on which he is convicted for a motoring offence under this Article the offender has been convicted for an offence under Article 14 of this Law, the last-mentioned conviction shall be treated for the purposes of this paragraph as if it had been a conviction for an offence under this Article.

ARTICLE 16

DRIVING WHEN UNDER INFLUENCE OF DRINK OR DRUGS

(1)           Any person who when driving or attempting to drive a vehicle, or riding, leading or driving or attempting to ride, lead or drive an animal, or when in charge of, a vehicle or animal, on a road or other public place is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle or animal, shall be liable –

(a)     in the case of a first offence, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding four months ; and

(b)     in the case of a second or subsequent conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding one year or to both such fine and imprisonment :

Provided that a person in charge of a vehicle, but not driving or attempting to drive the vehicle, shall not be convicted of an offence under this Article if he proves to the satisfaction of the court that he had no intention of driving the vehicle.

(2)           A person convicted of a motoring offence under this Article shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months for holding or obtaining a licence.

ARTICLE 17

POWER TO ORDER OFFENDERS TO BE TESTED

(1)           The court before which a person is convicted of a motoring offence under Article 14, 15 or 16 of this Law may, whether or not that person has previously passed a prescribed test, order him to be disqualified for holding or obtaining a licence until he has, since the date of the order, passed that test, and where the court makes an order disqualifying him for holding or obtaining a licence or where he is so disqualified by virtue of the conviction, the court shall exercise the power conferred by this paragraph.

(2)           A disqualification imposed under paragraph (1) of this Article may, if the court thinks fit, be limited to the driving of a motor vehicle of the same class or description as the vehicle in relation to which the offence was committed.

(3)           The provisions of this Law which have effect where an order disqualifying a person for holding or obtaining a licence is made shall have effect in relation to a disqualification by virtue of an order under paragraph (1) of this Article subject to the following modifications –

(a)     notwithstanding the provisions of paragraph (4) of Article 3, or of paragraph (4) of Article 9, the person disqualified shall (unless he is disqualified for holding or obtaining a licence otherwise than by virtue of an order under this Article) be entitled to obtain and to hold a provisional licence (to be granted, where the person disqualified is the holder of a licence, by the licensing authority by which that licence was granted) and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted ;

(b)     paragraph (3) of Article 9 shall not apply, but the disqualification shall be deemed to have expired on production to the licensing authority of evidence in the prescribed form that the person disqualified has, since the order was made, passed the prescribed test ;

(c)     on the return to the person disqualified of any licence held by him, or on the issue to him of a licence, there shall be added to the endorsed particulars of the disqualification a statement that the person disqualified has, since the order was made, passed the prescribed test.

ARTICLE 18

POWER TO CONVICT OF DANGEROUS DRIVING ON TRIAL FOR MANSLAUGHTER

If, on the trial of a person on a charge of manslaughter in connexion with the driving of a vehicle by him, the court or the jury, as the case may be, is of the opinion that he was not guilty of manslaughter but was guilty of an offence under Article 14 of this Law, he may be found guilty of that offence and thereupon he shall be liable to be punished accordingly.

ARTICLE 19

POWER TO PROCEED ON CHARGE FOR CARELESS DRIVING ON HEARING OF CHARGE FOR DANGEROUS DRIVING

Where a person is charged with an offence under Article 14 of this Law and the court is of the opinion that the offence is not proved, then, at any time during the hearing or immediately thereafter, the court may, without prejudice to any other powers possessed by the court, direct or allow a charge for an offence under Article 15 of this Law to be preferred forthwith against the defendant and may thereupon proceed with that charge, so, however, that the defendant or his advocate shall be informed of the new charge, and be given an opportunity, whether by way of cross-examining any witness whose evidence has already been given against the defendant or otherwise, of answering the new charge, and the court shall, if it considers that the defendant is prejudiced in his defence by reason of the new charge being so preferred, adjourn the hearing.

ARTICLE 20

RESTRICTION ON DRAWING OF TRAILERS

(1)           Not more than one trailer may be drawn by a motor vehicle on a road, and if any person causes or permits a trailer to be drawn in contravention of this Article, he shall be liable to a fine not exceeding five pounds :

Provided that this paragraph shall not apply in the case of motor vehicles owned by the Admiralty, the War Department or the Air Ministry, and used for naval, military or air force purposes, or in the case of vehicles so used while being driven by persons for the time being subject to the orders of any member of the armed forces of the Crown.

(2)           For the purposes of this Article, the expression “trailer” shall not include an agricultural implement not constructed to carry a load.

ARTICLE 21

MOTOR VEHICLES TO GIVE WAY TO OTHER VEHICLES IN NARROW ROADS

(1)           If a motor vehicle meets in any narrow road a vehicle which is not propelled by mechanical power and there is not sufficient room to enable such vehicles to pass one another with ease, the driver of the motor vehicle shall give way and shall reverse the motor vehicle for a distance sufficient to permit the vehicles to pass without risk of damage.

(2)           If the driver of a motor vehicle acts in contravention of this Article, he shall be liable to a fine not exceeding one pound.

ARTICLE 22

PROVISIONS WITH RESPECT TO FOOTWAYS ETC

(1)           If any person drives a vehicle, or permits or causes a vehicle to remain at rest, or rides, leads or drives an animal, on any footway by the side of a road, he shall be liable to a fine not exceeding one pound :

Provided that –

(a)     it shall not be an offence under this paragraph to drive a vehicle, or ride, lead or drive an animal, on a footway for the purpose of obtaining access to any premises ; and

(b)     a person shall not be convicted of an offence under this paragraph if he proves to the satisfaction of the court that the vehicle or animal was on the footway for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(2)           If any person fastens any animal so that it can stand on any footway, he shall be liable to a fine not exceeding one pound.

(3)           In this Article –

“footway” includes any public place set apart for the use or accommodation of foot passengers;

“vehicle” excludes perambulators.

ARTICLE 23

RESTRICTION ON PILLION RIDING ON MOTOR CYCLES

(1)           It shall not be lawful for any person, other than the driver, to be carried on a road on a two-wheeled motor cycle :

Provided that one additional person may be carried if sitting astride the cycle behind the driver on a proper seat securely fixed thereto, and if the cycle is fitted with footrests for the use of that person.

(2)           Provision may be made by order for modifying the provisions of paragraph (1) of this Article in relation to any class or description of motor cycles.

(3)           If any person is carried on any two-wheeled motor cycle in contravention of the provisions of this Article, the driver of the cycle shall be liable, in the case of a first offence, to a fine not exceeding two pounds, and, in the case of a second or subsequent conviction, to a fine not exceeding five pounds.

ARTICLE 24

RESTRICTION ON CARRIAGE OF PERSONS ON BICYCLES

(1)           It shall not be lawful for any person, other than the person (or, in the case of a tandem bicycle, the persons) propelling the bicycle, to be carried on a road on a bicycle not propelled by mechanical power :

Provided that one additional person may be carried if sitting astride the bicycle on a proper seat securely fixed thereto and if the bicycle is fitted with foot-rests for the use of that person.

(2)           If any person is carried on such a bicycle in contravention of the provisions of this Article, the person (or, in the case of a tandem bicycle, each of the persons) propelling the bicycle shall be liable, in the case of a first offence, to a fine not exceeding one pound, and, in the case of a second or subsequent conviction, to a fine not exceeding two pounds.

ARTICLE 25

PROHIBITION ON RIDING OR PROPELLING BICYCLES MORE THAN TWO ABREAST

(1)           It shall not be lawful for more than two bicycles, whether or not propelled by mechanical power, to be ridden or propelled abreast on a road.

(2)           If any person acts in contravention of the provisions of this Article, he shall be liable to a fine not exceeding two pounds.

ARTICLE 26

DUTY TO STOP AND DUTY TO GIVE NAME AND ADDRESS

(1)           Any person driving a vehicle on a road shall stop the vehicle on being so required by a Police or Traffic Officer, and if he fails to do so shall be liable to a fine not exceeding one pound :

Provided that a person shall not be convicted of an offence under this paragraph if he proves to the satisfaction of the court that he had no reason to believe that the person requiring him to stop the vehicle was a Police or Traffic Officer.

(2)           If the driver of a motor vehicle who is alleged to have committed an offence under the foregoing provisions of this Law as to dangerous driving or careless driving refuses, on being so required by any person having reasonable ground for so requiring, to give his name or address, or gives a false name or address, he shall be guilty of an offence.

 

Accidents

ARTICLE 27

DUTY TO STOP IN CASE OF ACCIDENT

(1)           If in any case, owing to the presence of a vehicle on a road, an accident occurs whereby damage or injury is caused to any person, vehicle, animal or real property, the driver of the vehicle shall stop, shall immediately inform a Police Officer of the occurrence of the accident and shall not move the vehicle or any trailer drawn thereby without the consent of a Police Officer.

(2)           If any person fails to comply with the provisions of this Article, he shall be guilty of an offence :

Provided that a person shall not be convicted of an offence under this Article if he proves to the satisfaction of the court that his failure to comply with the provisions thereof was not with the intent of avoiding any civil or criminal liability arising out of the accident.

(3)           In this Article, the expression “animal” means any horse, cattle, ass, mule, sheep, pig, goat or dog.

 

Miscellaneous provisions

ARTICLE 28

TAKING VEHICLE WITHOUT OWNER’S CONSENT OR OTHER AUTHORITY

(1)           Every person who takes and drives away any vehicle without having either the consent of the owner thereof or other lawful authority shall be liable –

(a)     in the case of a first offence, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months ;

(b)     in the case of a second or subsequent conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment :

Provided that if the court or the jury, as the case may be, is satisfied that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked therefor, the accused shall not be liable to be convicted of the offence.

(2)           If, on the trial of a person on a charge of stealing a vehicle, the court or the jury, as the case may be, is of the opinion that he was not guilty of stealing the vehicle but was guilty of an offence under this Article, he may be found guilty of that offence and thereupon he shall be liable to be punished accordingly.

ARTICLE 29

RESTRICTIONS ON PERSONS BEING TOWED BY, GETTING ON TO OR TAMPERING WITH MOTOR VEHICLES

(1)           If any person otherwise than with reasonable cause takes or retains hold of, or otherwise than with lawful authority or reasonable cause gets on to, a motor vehicle or trailer while in motion on any road, for the purpose of being drawn or carried, he shall be liable, in the case of a first offence, to a fine not exceeding five pounds, and, in the case of a second or subsequent conviction, to a fine not exceeding ten pounds.

(2)           If while a motor vehicle is on a road or public place or on any place provided for the parking of vehicles, any person otherwise than with lawful authority or reasonable cause gets on to the vehicle or tampers with the brake or other part of the mechanism of the vehicle, he shall be guilty of an offence.

ARTICLE 30

PROHIBITION ON LEAVING OF VEHICLES ON ROADS IN POSITIONS LIKELY TO CAUSE DANGER OR OBSTRUCTION

(1)           If any person in charge of a vehicle causes or permits the vehicle or any trailer drawn thereby to remain at rest on a road –

(a)     in such a position as to cause any unnecessary obstruction thereof ; or

(b)     in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road ;

he shall be guilty of an offence :

Provided that a person shall not be convicted of an offence under this Article if he proves to the satisfaction of the court that the vehicle or trailer was at rest on the road in compliance with the requirements of Article 27 of this Law or for the purpose of saving life or extinguishing fire or meeting any other like emergency.

ARTICLE 31

POWER TO MAKE PROVISION WITH REGARD TO REMOVAL OF VEHICLES FROM ROADS

Provision may be made by order –

(a)     in relation to the removal from roads, and safe custody, of vehicles which have broken down, or which have been permitted to remain at rest on a road in such a position or in such condition or in such circumstances as to be likely to cause danger or obstruction to other persons using the road, or to appear to have been abandoned, and of the loads carried thereby ; and

(b)     for the recovery of any expenses incurred by any public authority in the execution of the order.

ARTICLE 32

PROVISIONS WITH RESPECT TO STRETCHING OF ROPES ETC., ACROSS PUBLIC ROADS

Any person who for any purpose places or causes to be placed any rope, wire or other apparatus across a public road or any part thereof in such a manner as to be likely to cause danger to persons using the road shall, unless he proves that he had taken all necessary means to give adequate warning of the danger, be guilty of an offence.

 

Provisions relating to public roads

ARTICLE 33

POWER TO RESTRICT USE OF ROADS BY VEHICLES

(1)           The Constable of any parish may make bye-laws for any of the following purposes or with respect to any of the following matters –

(a)     the specification of the routes to be followed by vehicles ;

(b)     the prohibition or restriction of the use of specified roads by vehicles of any specified class or description, either generally or at particular times ;

(c)     the prohibition of the driving of vehicles on any specified road otherwise than in a specified direction ;

(d)     places in roads where vehicles, or vehicles of any specified class or description, may or may not be left unattended, either generally or at particular times ;

(e)     places in roads where vehicles, or vehicles of any specified class or description, may or may not wait, either generally or at particular times ;

(f)      otherwise in relation to the regulation of traffic :

Provided that no bye-law shall be made under this paragraph with respect to any road which would have the effect of preventing such access as may be reasonably required for vehicles of any class or description to any premises situated on or adjacent to the road.

(2)           Bye-laws made under this Article shall be laid before the States as soon as may be after they are made, and if the States, within the period of twenty-one days beginning with the day on which any such bye-laws are laid before them, resolve that they be annulled, they shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new bye-laws.

(3)           A Constable by whom any bye-laws under this Article are made shall cause traffic signs to be placed on or near the roads to which the bye-laws relate in such a manner as to indicate the requirements of the bye-laws and shall publish in such manner as may be prescribed notice of the fact that the bye-laws have been made and of their effect.

(4)           Any person who uses a vehicle or causes or permits a vehicle to be used in contravention of any bye-law made under this Article shall be liable, in the case of a first offence, to a fine not exceeding one pound, and, in the case of a second or subsequent conviction, to a fine not exceeding two pounds.

ARTICLE 34

POWER OF HIGHWAY AUTHORITY TEMPORARILY TO PROHIBIT OR RESTRICT TRAFFIC ON ROADS

(1)           Subject to the provisions of paragraph (3) of this Article, if a highway authority is satisfied that traffic on any road for the maintenance of which it is responsible should, by reason of any works being executed or proposed to be executed on or near the road, be restricted or prohibited, it may restrict or prohibit the use of that road or of any part thereof by vehicles or by vehicles of any particular class or description to such extent and subject to such conditions or exceptions as it may consider necessary.

(2)           The powers vested in a highway authority by paragraph (1) of this Article may be exercised by the President of the authority where it appears to him that, owing to the likelihood of danger to the public or of serious damage to the highway, the use of a road or of any part thereof should immediately be restricted or prohibited :

Provided that no restriction or prohibition imposed under this paragraph shall continue in force for a longer period than fourteen days.

(3)           So long as any restriction or prohibition imposed under this Article is in force, a notice stating the effect thereof, and describing the alternative route or routes available for traffic, shall be kept posted in a conspicuous manner at each end of the part of the road to which the re

striction or prohibition relates, and at the points at which it will be

necessary for vehicles to diverge from the road.

(4)           Any person who uses a vehicle in contravention of any restriction or prohibition imposed under this Article shall be liable, in the case of a first offence, to a fine not exceeding one pound, and, in the case of a second or subsequent conviction, to a fine not exceeding two pounds.

(5)           In this Article, “highway authority”, in relation to a main road (“grande route”), means the “Comité d’Administration des Grandes Routes” and, in relation to a by-road (“chemin vicinal”), means the Roads Committee of the parish in which the road is situated.

(6)           Article 1B of the “Loi (1914) sur la Voirie”, as amended,7 is hereby repealed.

 

Traffic signs and directions.

ARTICLE 35

ERECTION OF TRAFFIC SIGNS

(1)           The Constable of any parish may cause traffic signs to be placed on or near any road in the parish, and shall in such cases as may be required by this Law or as may be prescribed, cause traffic signs to be so placed.

(2)           Traffic signs shall be of the size, colour and type prescribed by order of the Committee and any order prescribing the size, colour and type of traffic signs may attach a significance to a sign which, for the purposes of this Law, shall be deemed to be the indication given by the sign.

(3)           The Constable of a parish shall by notice in writing require the owner or occupier of any land on which there is any traffic sign (not being a traffic sign placed in pursuance of paragraph (1) of this Article) or any object which so closely resembles a traffic sign that it might reasonably be taken to be such a sign to remove it, and if any person fails to comply with such a notice the Constable may himself cause the removal to be effected, doing as little damage as may be, and may recover as a civil debt from the person so in default the expense incurred by him in so doing.

(4)           Any person authorized by the Constable of a parish may, on production if so required of evidence of his authority, enter on any land and exercise such other powers as may be necessary for the purpose of carrying this Article into effect.

ARTICLE 36

PENALTIES FOR NEGLECT OF TRAFFIC DIRECTIONS

(1)           Where a traffic controller is for the time being engaged in the regulation of traffic on a road, or where any traffic sign being a sign for regulating the movement of traffic or indicating the route to be followed by traffic and being of the prescribed size, colour and type, has been lawfully placed on or near any road, any person driving any vehicle who –

(a)     neglects or refuses to stop the vehicle or to make it proceed in or keep to a particular line of traffic when directed to do so by the traffic controller in the execution of his duty ; or

(b)     fails to conform to the indication given by the sign ;

shall be liable to a fine not exceeding two pounds.

(2)           The Committee may by order provide that a person shall not be convicted of an offence under sub-paragraph (b) of paragraph (1) of this Article for failure to conform to the indication given by any such sign as may be specified in the order, if he proves to the satisfaction of the court –

(a)     that the vehicle which he was driving was being used for fire service, ambulance or police purposes ;

(b)     that to have conformed to the indication would have unreasonably hindered the use of the vehicle for the purpose for which it was being used ;

(c)     that he took all reasonable precautions to prevent danger to the persons using the road ; and

(d)     that he complied with any prescribed requirements.

(3)           For the purposes of this Article, a traffic sign placed on or near a road shall be deemed to be of the prescribed size, colour and type, and to have been lawfully so placed, unless the contrary is proved.

(4)           In this Article, “traffic controller” means any Police or Traffic Officer or any person employed by the Committee for the purpose of regulating traffic on roads.

 

Provisions as to weight and weighing of vehicles.

ARTICLE 37

METHOD OF CALCULATING WEIGHT

For the purposes of this Law and of any other enactment relating to the use of motor vehicles on roads, the weight unladen of any vehicle shall be taken to be the weight of the vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle, and of loose tools and loose equipment.

ARTICLE 38

WEIGHING OF MOTOR VEHICLES

Subject to any order, it shall be lawful for a Police or Traffic Officer to require the person in charge of any motor vehicle to allow the vehicle or any trailer drawn thereby to be weighed, either laden or unladen, and the weight transmitted to the road by any parts of the vehicle or trailer in contact with the road to be tested, and for that purpose to proceed to a weighbridge or other machine for weighing vehicles, and if any person in charge of a motor vehicle refuses or neglects to comply with any such requirement, he shall be guilty of an offence :

Provided that it shall not be lawful for a Police or Traffic Officer to require the person in charge of the motor vehicle to unload the vehicle or trailer, or to cause or allow it to be unloaded, for the purpose of being weighed unladen.

 

Orders

ARTICLE 39

ORDERS WITH REGARD TO MOTOR VEHICLES

(1)           Provision may be made by order as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be so used and, in particular, but without prejudice to the generality of the foregoing provisions, with respect to any of the following matters –

(a)     the width, height and length of motor vehicles and trailers and the load carried thereby, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers ;

(b)     the consumption of smoke and the emission of visible vapour, sparks, ashes and grit ;

(c)     excessive noise owing to the design or condition of the vehicle, or the loading thereof ;

(d)     the maximum weight unladen and laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area thereof by a motor vehicle or trailer of any class or description or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested ;

(e)     the particulars to be marked on motor vehicles and trailers ;

(f)      the towing of or drawing of vehicles by motor vehicles ;

(g)     the number and nature of brakes, and for securing that brakes, silencers and steering gear shall be efficient and kept in proper working order ;

(h)     the appliances to be fitted for signalling the approach of a motor vehicle, or enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, or for intimating any intended change of speed or direction of a motor vehicle and the use of any such appliance, and for securing that they shall be efficient and kept in proper working order, and for prohibiting the use of appliances fitted to motor vehicles for signalling their approach by sound at any times, and on or in any roads or localities, specified in the order ;

(j)      for empowering persons authorized by or under the order to test and inspect a motor vehicle, whether on a road or elsewhere ;

(k)     licences, and in particular with respect to the record to be kept of licences, and for making any particulars with respect to any persons who are disqualified for holding or obtaining licences or whose licences are suspended or endorsed available for use by the police, and for preventing a person holding more than one licence and for facilitating the identification of holders of licences and for providing for the issue of a new licence in the place of a licence lost or defaced on payment of such fee as may be prescribed ;

and different provisions may be made as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances.

(2)           If any person uses, or causes or permits to be used, on any road a motor vehicle or trailer which does not comply with the provisions of any order made under this Article applicable to the class or description of vehicles to which the vehicle belongs, as to the construction, weight and equipment thereof, he shall be guilty of an offence.

ARTICLE 40

ORDERS WITH REGARD TO VEHICLES OTHER THAN MOTOR VEHICLES

Provision may be made by order –

(a)     for regulating the number, nature and use of brakes, including skid pans and locking chains in the case of vehicles drawn by horses or other animals, and of bicycles and tricycles not being motor vehicles, or of any class or description of such vehicles, when used on roads, and for securing that such brakes shall be efficient and kept in proper working order, and for empowering persons authorized by or under the order to test and inspect any such brakes, whether on a road or elsewhere ; and

(b)     for prescribing the appliances to be fitted to bicycles or tricycles, not being motor vehicles, for signalling their approach when used on roads and for securing that the riders of such vehicles shall by means of such appliances as aforesaid give audible and sufficient warning of their approach ;

and different provision may be made as respects the same class or description of vehicles in different circumstances.

ARTICLE 41

PROHIBITION ON SALE ETC., OF VEHICLES IN A CONDITION NOT COMPLYING WITH ORDERS AS TO CONSTRUCTION, ETC

(1)           If any person sells or lets on hire or supplies a vehicle or trailer in the knowledge of the fact that the vehicle or trailer is in such a condition that the use thereof on a road in that condition would be unlawful by virtue of the provisions of Article 39 or Article 40, as the case may be, of this Law, and fails to disclose that fact to the person to whom the vehicle or trailer is sold or let on hire or supplied, he shall be guilty of an offence.

(2)           In any proceedings for an offence under this Article, the fact that a vehicle or trailer was in such a condition that the use thereof on a road in that condition would have been unlawful by virtue of Article 39 or Article 40, as the case may be, of this Law, shall be deemed to have been in the knowledge of the defendant unless the contrary is proved.

ARTICLE 42

GENERAL PROVISIONS AS TO ORDERS

(1)           The Committee may make orders for any purpose for which orders may be made under this Law and for prescribing anything which may be prescribed under this Law and generally for the purpose of carrying this Law into effect :

Provided that no order shall be made under Article 2 of this Law unless a draft thereof has been laid before and approved by the States.

(2)           Every order made under this Law shall, except in the case of an order to which the proviso to paragraph (1) of this Article applies, be laid before the States as soon as may be after it is made, and if the States, within the period of twenty-one days beginning with the day on which any such order is laid before them, resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new order.

(3)           The Greffier of the States shall cause every order made under this Law to be printed and shall cause to be published in two newspapers circulating in the Island, one being a publication in French and the other a publication in English, a notice stating that the order has been made, the date of the coming into force thereof and the place at which printed copies thereof may be purchased.

(4)           If any person acts in contravention of, or fails to comply with, any order made under this Law, contravention of or failure to comply with which is not made an offence under any other provision of this Law, he shall, for each offence, be liable to such maximum penalty, not exceeding a fine of twenty pounds, as may be prescribed by the order.

 

General

ARTICLE 43

ISSUE BY COMMITTEE OF DIRECTIONS FOR GUIDANCE OF USERS OF ROADS

(1)           The Committee may prepare a code (in this Article referred to as “the highway code”) comprising such directions as appear to it to be proper for the guidance of persons using roads and may from time to time revise the code in such manner as it thinks fit.

(2)           The Committee shall cause the highway code and every revised edition thereof to be printed and issued to the public at a price not exceeding sixpence for each copy.

(3)           A failure on the part of any person to observe any provision of the highway code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under this Law) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

ARTICLE 44

DUTY TO GIVE INFORMATION AS TO PERSON IN CHARGE OF VEHICLE

(1)           Where an offence is alleged to have been committed in connexion with a vehicle being on a road –

(a)     the owner of the vehicle shall give such information as he may be required by or on behalf of the Constable of a parish or a Centenier to give as to the identity of the person in charge of the vehicle at the time of the commission of the alleged offence, and, if he fails to do so, shall be guilty of an offence, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who was the person in charge of the vehicle as aforesaid ; and

(b)     any other person shall, if required as aforesaid, give any information which it is in his power to give and which may lead to the identification of the person in charge of the vehicle as aforesaid, and, if he fails to do so, he shall be guilty of an offence.

(2)           In this Article, “owner”, in relation to a vehicle which is the subject of a hiring agreement or a hire-purchase agreement, means the person in possession of the vehicle under that agreement.

ARTICLE 45

PENALTIES FOR OFFENCES

A person guilty of an offence under this Law for which no special penalty is provided shall be liable, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or subsequent conviction, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months.

ARTICLE 46

POWER TO LEVY FINES SUMMARILY

(1)           Any fine imposable for an offence under this Law, or under any order, may be inflicted and levied summarily by the Constable or any Centenier of the parish in which the offence was committed :

Provided that this paragraph shall not apply –

(a)     where the offender, if convicted by a court, would be liable to a fine exceeding two pounds ; or

(b)     where the offence is a motoring offence and under this Law or under any enactment repealed by this Law the particulars of any conviction or any disqualification to which the offender has, during the preceding three years, become subject, have been ordered to be endorsed on any licence held by him ; or

(c)     where the offender refuses to accept the decision of the Constable or Centenier.

(2)           Where any fine is levied by a Constable or Centenier in pursuance of the powers conferred on him by this Article, he shall give a receipt for the same.

ARTICLE 47

APPLICATION OF FINES

(1)           All fines imposed for offences under Articles 11, 13 to 16 inclusive, 26 and 28 of this Law shall be awarded for the benefit of Her Majesty.

(2)           Subject to the provisions of paragraph (1) of this Article, all fines imposed for offences under this Law or under any order shall be awarded for the benefit of the General Revenues of the States except where the maximum fine which may be inflicted for the offence does not exceed two pounds, in which case it shall be awarded for the benefit of the parish in which the offence was committed and shall be applied towards the cost of maintenance of the by-roads of the parish.

ARTICLE 48

FINANCIAL PROVISIONS

All fees received by the Constable of a parish under this Law shall be applied towards the cost of maintenance of the by-roads of the parish and all other fees received under this Law shall be credited to the General Revenues of the States.

ARTICLE 49

SAVING

Nothing in this Law shall be construed as derogating in any way from the powers conferred on the States by the Order in Council of the twenty-sixth day of December, 1851, to make regulations relating to the police of the public roads, and the powers so conferred may be exercised in relation to any park or other public place or any sea beach.

ARTICLE 50

REPEAL AND AMENDMENT OF EXISTING REGULATIONS

(1)           The following provisions of the “Règlement (1956) sur la police des chemins et des endroits publics”8 are hereby repealed, namely –

(a)     in paragraph (1) of Article 1, the definitions of “automobiliste” and “vélocipédiste” ;

(b)     paragraph (2) of Article 1 ;

(c)     Articles 2 to 9 inclusive ;

(d)     Article 11 ;

(e)     Articles 13 to 20 inclusive ;

(f)      Articles 23 and 24 ;

(g)     in Article 25, sub-paragraphs (a), (c), (d), (e) and (f) of paragraph (1) and paragraphs (4) and (5) ;

(h)     Articles 26 to 29 inclusive ;

(j)      in paragraph (1) of Article 35, the words “par l’alinéa (13) de l’Article 2,” the words “par l’Article 11,” the figures “15, 16, 19, 24,” and the figure “27,” ;

(k)     Articles 39 and 40 ;

(l)      the Appendices.

(2)           In Article 41 of the said “Règlement”, for the figures “36, 37, 38, 39 et 40” there shall be substituted the figures “36, 37 et 38”.

(3)           For Article 50 of the said “Règlement” there shall be substituted the following Article –

“ARTICLE 50

Le produit des amendes imposées en vertu des Articles 10 à 34 inclusivement sera appliqué à la réparation des chemins vicinaux de la Paroisse le délit aura été commis; les amendes imposées en vertu des Articles 36 à 46 inclusivement seront au bénéfice de Sa Majesté.”

ARTICLE 51

SHORT TITLE AND COMMENCEMENT

(1)           This Law may be cited as the Road Traffic (Jersey) Law, 1956.

(2)           This Law shall come into force on such day or days as the States may by Act appoint, and different days may be fixed for different purposes and different provisions of this Law.

To be printed, published and posted.

 

F. DE L. BOIS,

 

Greffier of the States.



1        Tome 1936–1936, page 411.

2        Tome 1946–1948, page 453.

3        Tome 1946–1948, page 453.

4        Tome 1933–1936, page 411.

5        Tome 1949–1950, page 60.

6        Tome 1946–1948, page 435.

7        Tome V, page 368 and Tome 1939–1945, page 353.

8        1956 R. & O. No. 3641.


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