Motor Vehicles (Construction and Use) (Amendment No. 12) (Jersey) Order 2018

Made                                                                            14th May 2018

Coming into force                                                         14th May 2018

THE MINISTER FOR INFRASTRUCTURE, in pursuance of Articles 77 and 84 of the Road Traffic (Jersey) Law 1956[1], orders as follows –

1        Motor Vehicles (Construction and Use) (Jersey) Order 1998 amended

The Motor Vehicles (Construction and Use) (Jersey) Order 1998[2] is amended as follows.

2        Amendment of Article 120

For Article 120(1) there are substituted the following paragraphs –

“(1)    The Minister may require the owner of any class or classes of vehicle, to which Article 120A does not apply, to obtain a certificate of compliance certifying that the vehicle complies with those provisions of this Order listed in the certificate.

(1A)   Before a certificate of compliance is issued the examiner shall examine the vehicle.

(1B)   The fee for an examination for a certificate of compliance is £175, but where the vehicle does not comply it may be submitted for re-examination within 14 days and the fee for the re-examination is half of the fee for the first examination.”.

3        Insertion of Article 120A

After Article 120 there is inserted the following Article –

“120A    Annual examination and certificate of compliance for certain goods vehicles and trailers used for business

(1)     This Article applies, subject to paragraph (8), to a vehicle (a ‘relevant vehicle’) that –

(a)     is –

(i)      a large goods vehicle,

(ii)      a semi-trailer, or

(iii)     a trailer, the unladen weight of which exceeds 1,020 kg;

(b)     is used in the course of a business; and

(c)     is not –

(i)      an agricultural motor vehicle,

(ii)      an agricultural tractor,

(iii)     an agricultural trailer,

(iv)     an agricultural trailed appliance, or

(v)     a vehicle in respect of which there is in force a licence under Article 78 of the Law.

(2)     A person shall not use a relevant vehicle on a road, and the owner of a relevant vehicle shall not cause or permit it to be used on a road, unless –

(a)     the vehicle has been examined under paragraph (4) no more than one year before it is so used; and

(b)     an indicator, from a certificate of compliance issued under paragraph (5) in respect of that examination, is displayed on the vehicle in such a manner as to be clearly visible from the outside of the vehicle.

(a)     tests for compliance with all of the requirements of this Order that apply to the relevant vehicle;

(b)     is of all of the parts and component parts of the vehicle to which those requirements apply; and

(c)     is carried out by an examiner designated under Article 120(2), as applied by paragraph (7) of this Article.

(5)     If a relevant vehicle is found on an examination under paragraph (4) to comply with all of the requirements of this Order that apply to that vehicle, the examiner shall issue a certificate of compliance that –

(a)     certifies that the vehicle did so comply;

(b)     lists the requirements for which compliance was tested;

(c)     specifies the date on which the examination was concluded;

(d)     includes a detachable indicator for display in the vehicle; and

(e)     is otherwise in such form as the Minister shall specify.

(6)     Articles 118 and 119 apply following an examination under paragraph (4) as they do following a test under Article 117.

(7)     Articles 120(1B), (2), (4), (5), (6), (8) and (9) apply in respect of a certificate of compliance under this Article as they apply in respect of a certificate of compliance under Article 120.

(8)     Paragraphs (2) and (3) do not apply to a relevant vehicle until whichever is the sooner of –

(a)     14th May 2019; and

(b)     the date, if any, on which, by appointment with the Inspector of Motor Traffic, the vehicle is first submitted for examination under paragraph (4).”.

4        Amendment of Article 121

In Article 121 after the words “certificate of compliance” there are inserted the words “, issued under Article 120 or 120A,”.

5        Citation and commencement

This Order may be cited as the Motor Vehicles (Construction and Use) (Amendment No. 12) (Jersey) Order 2018 and comes into force on 14th May 2018.

deputy e.j. noel of st. lawrence

Minister for Infrastructure

 


 



[1]                                    chapter 25.550

[2]                                    chapter 25.550.08


Page Last Updated: 25 Jun 2018