Motor Vehicles
(Wearing of Seat Belts by Adults) (Jersey) Order 2009
Made 20th March 2009
Coming into force 3rd
April 2009
THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES, in pursuance of Articles 41 and
84 of the Road Traffic (Jersey) Law 1956[1], orders as follows –
1 Interpretation
In this Order, unless the context otherwise
requires –
“anchorage point”,
“disabled person’s belt”,
“driver’s seat”, “fitted”, “seat”, “seat
belt” and “trade licence”
have the same meanings as they have in Article 49 of the Construction and Use
Order;
“child restraint”
has the meaning given in Article 1 of the Motor Vehicles (Wearing of Seat
Belts by Children) (Jersey) Order 1998[2];
“Construction and Use Order”
means the Motor Vehicles (Construction and Use) (Jersey) Order 1998[3];
“prescribed seat belt”
has the meaning given in Article 2.
2 Duty
to wear a prescribed seat belt
(1) Subject
to Article 3, when driving or riding on a road in a small passenger vehicle, a small goods vehicle, or a
minibus, a person aged 14 or over must wear –
(a) a
disabled person’s belt, if such a belt is fitted in that vehicle and is
intended for that person’s use; or
(b) in
any other case, a prescribed seat belt.
(2) A
prescribed seat belt is a seat belt that –
(a) is
not a disabled person’s belt or a child restraint; and
(b) complies
with each requirement of Articles 48 to 50 of the Construction and Use Order
that applies to that belt or in respect of the seat, anchorage points or
vehicle to which that belt is fitted.
3 Exceptions
(1) Article
2(1) does not apply to a person who is –
(a) using
a vehicle for the delivery or collection of goods or mail to consumers or
addressees, while engaged in the ordinary course of business in making local
rounds of deliveries or collections where -
(i) the delivery or
collection is from door to door, and
(ii) the proximity of
each delivery or collection point is such that the driver is constantly leaving
and re-entering the vehicle;
(b) driving
a vehicle while performing a manoeuvre that includes reversing;
(c) the
holder of a licence to drive a motor vehicle and is supervising the holder of a
provisional licence while that holder is performing a manoeuvre that includes
reversing;
(d) a
police officer protecting or escorting another person;
(e) not
a police officer but is protecting or escorting another person by virtue of
powers the same as or similar to those of a police officer for that purpose;
(f) in
the Airport Fire Service or the Fire Service, as each is defined in the Fire
Service (Jersey) Law 1959[4], and is donning operational
clothing or equipment;
(g) testing
a vehicle if –
(i) the purpose of
the test requires that he or she does not wear a seat belt, and
(ii) he or she is a
Traffic Officer or a police officer;
(h) engaged
on the duties of a driver of a cab;
(i) conducting,
as provided in the Road Traffic (Jersey) Law 1956, a test of competence to
drive and his or her wearing a seat belt would endanger himself or herself or
any other person;
(j) riding
in a vehicle, being used under a trade licence, for the purpose of
investigating or remedying a mechanical fault in the vehicle;
(k) the
holder of a valid medical exemption certificate;
(l) a
disabled person whose disability means it would not be practicable for him or
her to wear any of the prescribed belts in the vehicle; or
(m) occupying
a seat fitted with a prescribed seat belt that has an inertia reel mechanism
that is locked as a result of the vehicle being, or having been, on a steep
incline.
(2) Article
2(1)(b) does not apply to a person who is –
(a) driving
a vehicle in which the driver’s seat –
(i) is not fitted
with a prescribed seat belt, and
(ii) is not required
by Article 49 of the Construction and Use Order to be fitted with a
prescribed seat belt; or
(b) occupying
a seat not fitted with a prescribed seat belt, while riding in a vehicle in which
there is no seat that is –
(i) fitted with a
prescribed seat belt, and
(ii) available to him
or her.
(3) For
the purpose of paragraph (2)(b)(ii) a seat fitted with a prescribed seat belt
is available to the person unless –
(a) the
seat is the driver’s seat;
(b) the
seat is occupied by another person who is using the prescribed seat belt fitted
to that seat, whether or not in conjunction with a child restraint or a
disabled person’s belt; or
(c) a
child restraint or a disabled person’s belt is fitted to the seat, or to
the prescribed seat belt, in such a way that –
(i) it prevents the
person from occupying the seat, or from using the prescribed seat belt, and
(ii) it could not
readily be removed without the aid of tools.
4 Revocation
of Motor Vehicles (Wearing of Seat Belts) (Jersey) Order 1999
The Motor Vehicles (Wearing of Seat Belts) (Jersey) Order 1999[5] is revoked.
5 Citation
and commencement
This Order may be cited as the Motor Vehicles (Wearing of Seat Belts
by Adults) (Jersey) Order 2009 and comes into force 14 days after it is made.
connétable m.k. jackson of st. brelade
Minister for Transport and Technical Services