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Road Traffic (No. 67) (Jersey) Regulations 2021

Made                                                                                                          9th June 2021

Coming into force                                                                               16th June 2021

THE STATES make these Regulations under Order in Council of 26th December 1851[1] and Article 92 of the Road Traffic (Jersey) Law 1956[2] –

1        Amendment of Road Traffic (Jersey) Law 1956

The Road Traffic (Jersey) Law 1956[3] is amended as set out in these Regulations.

2        Article 40 amended

In Article 40(1)(a) after “causes a vehicle” there is inserted “(other than a pedal cycle placed in a place reserved for pedal cycles)”.

3        Article 68A inserted

After Article 68 there is inserted –

“68A Penalty charges in respect of parking contraventions

(1)     Orders may provide for a penalty charge to be imposed in respect of a parking contravention and where such an Order is in force in respect of any parking contravention, no criminal proceedings may be brought in respect of that parking contravention.

(2)     The penalty charge is recoverable as a debt due to the enforcement authority by proceedings instituted in the Petty Debts Court and despite Article 3 of the Petty Debts Court (Miscellaneous Provisions) (Jersey) Law 2000[4] the decision of the Court in such proceedings is final.

(3)     The person liable to pay the penalty charge is the registered owner of the vehicle to which the parking contravention relates and that owner may recover the amount of the charge from the person who was in charge of the vehicle at the time of the contravention.

(4)     Orders under this Article may provide for any of the following –

(a)     the maximum levels of penalty charges;

(b)     enforcement authorities to impose penalty charges and set the amount of any penalty charge subject to the prescribed maxima;

(c)     the publication of the amount of penalty charges;

(d)     the contents of any notice advising on the imposition of a penalty charge;

(e)     the means of issuing a penalty charge notice, which may include affixing the notice to the vehicle or sending it by post;

(f)      exemptions from penalty charges;

(g)     discounts or surcharges in relation to penalty charges, which may be set by an enforcement authority;

(h)     challenges to penalty charges;

(i)      transitional and savings provisions in respect of parking contraventions occurring before the commencement of the first Order made under this Article;

(j)      such other matters as the Minister considers to be incidental to, or necessary or expedient for, the purposes of the Order.

(5)     An enforcement authority may delegate –

(a)     any of its functions under such an Order to another enforcement authority with that other authority’s agreement; and

(b)     its power under the Order to issue penalty charge notices to any person or class of persons.

(6)     A person who –

(a)     removes or interferes with a penalty charge notice (not being the registered owner or person in charge of the vehicle to which that notice relates, or a person acting on behalf of an enforcement authority); or

(b)     makes a representation that is false in a material particular in connection with a penalty charge or any challenge to a penalty charge,

is guilty of an offence and liable to a fine of level 2 on the standard scale.

(7)     The amount of a penalty charge is to be applied as follows –

(a)     where it relates to a parking contravention occurring on a road, footpath or cycle track, half for the benefit of the annual income of the States and half for the benefit of the parish in which the parking contravention occurred, to be applied towards the cost of maintaining by-roads of the parish;

(b)     where it relates to a parking contravention occurring in a public parking place, for the benefit of the enforcement authority responsible for that parking place.

(8)     In this Article –

“enforcement authority”, in the case of a parking contravention relating to –

(a)     a road, footpath or cycle track means the Connétable of the parish in which the road is situated;

(b)     a public parking place –

(i)      administered by a parish, means the Connétable of that parish,

(ii)      administered by an administration for which the Minister for Education is responsible, means the Minister for Education,

(iii)     administered by an administration for which the Minister for Economic Development, Tourism, Sport and Culture is responsible, means the Minister for Economic Development, Tourism, Sport and Culture, or

(iv)     administered by an administration for which the Minister for Infrastructure is responsible, means the Minister for Infrastructure;

“parking contravention” means –

(a)     an offence under Article 40(1) of permitting or causing a vehicle to remain at rest on any footway or cycle track in contravention of Article 40(1);

(b)     a contravention of an Order made under Article 59;

(c)     a contravention of an Order under Article 62(1) prohibiting or restricting the waiting of vehicles, or the loading or unloading of vehicles, on roads or parts of roads; or

(d)     an offence under Article 65(2);

“penalty charge” means a penalty charge imposed for a parking contravention by an Order under this Article;

“registered owner”, in relation to a motor vehicle, means the person for the time being entered in the register of motor vehicles described in Article 3 of the Motor Vehicle Registration (Jersey) Law 1993[5] as the owner of the vehicle and in relation to any other vehicle means the owner.”.

4        Citation and commencement

These Regulations may be cited as the Road Traffic (No. 67) (Jersey) Regulations 2021 and come into force 7 days after they are made.

 

 




[1]                                     chapter 23.350

[2]                                     chapter 25.550

[3]                                     chapter 25.550

[4]                                     chapter 07.615

[5]                                     chapter 25.350


Page Last Updated: 09 Jun 2021