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Road Traffic (No. 64) (Jersey) Regulations 2020

Made                                                                                                         14th July 2020

Coming into force                                                                                  21st July 2020

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

1        Interpretation

In these Regulations, “principal Law” means the Road Traffic (Jersey) Law 1956[3].

2        Article 41 (wearing of seat belts) amended

In Article 41(3) of the principal Law for “level 1” there is substituted “level 2”.

3        Article 41A (notification to bus passengers of requirement to wear seat belts) inserted

After Article 41 of the principal Law there is inserted –

“41A Notification to bus passengers of requirement to wear seat belts

(1)     In this Article –

(a)     “bus” means a motor vehicle that –

(i)      has at least 4 wheels,

(ii)      is constructed or adapted for the carriage of passengers, and

(iii)     has more than 8 seats in addition to the driver’s seat;

(b)     “operator” means the owner of a bus or, if the bus is in the possession of any other person under an agreement for hire, hire-purchase, conditional sale, loan or otherwise, that person;

(c)     “passenger seat” means any seat other than the driver’s seat;

(d)     “seat belt” means any description of seat belt prescribed under Article 41 or 42.

(2)     The operator of a bus in which any of the passenger seats are equipped with seat belts must take all reasonable steps to ensure that every passenger is notified that he or she is required to wear a seat belt at all times when –

(a)     sitting in a seat equipped with a seat belt; and

(b)     the bus is in motion.

(3)     For the purposes of paragraph (2), a passenger must be notified by one or more of the following means –

(a)     an official announcement, or an audio-visual presentation, made when the passenger joins the bus or within a reasonable time of doing so;

(b)     a sign prominently displayed at each passenger seat equipped with a seat belt.

(4)     In paragraph (3)(a), “official announcement” means an announcement by the driver of the bus, or by a conductor or courier or person who is a group leader in relation to any group of persons who are passengers on the bus.

(5)     For the purposes of paragraph (3)(b), a sign that takes the form of a pictorial symbol must show a white figure on a blue background in the form shown below.

image of figure

(6)     An operator who contravenes paragraph (2) is guilty of an offence and liable to a fine of level 2 on the standard scale.”.

4        Article 42 (restrictions on carrying children not wearing seat belts in motor vehicles) amended

In Article 42 of the Law –

(a)     paragraph (1)(b) is deleted;

(b)     in paragraph (2) for “level 1” there is substituted “level 2”;

(c)     for paragraph (3)(c) there is substituted –

“(c)    prescribing for the purposes of paragraph (1) the descriptions of seat belt to be worn by children of any prescribed description and prescribing any requirements relating to the use of such belts or the manner in which they are fixed, including requirements relating to other fixtures or fittings such as airbags.”.

5        Article 43 (medical exemption certificate) amended

For Article 43(1)(a) of the principal Law there is substituted –

“(a)    a medical exemption certificate is –

(i)      a certificate issued by a registered medical practitioner in accordance with the provisions of this Article to the effect that the registered medical practitioner is satisfied that it is inadvisable on medical grounds for the person named in the certificate to wear a seat belt, or

(ii)      a certificate to such effect issued by an authority having power to issue such a certificate under the law of the United Kingdom or a member State of the European Union.”.

6        Citation and commencement

These Regulations may be cited as the Road Traffic (No. 64) (Jersey) Regulations 2020 and come into force 7 days after the day they are made.

 

 




[1]                                     chapter 23.350

[2]                                     chapter 25.550

[3]                                     chapter 25.550


Page Last Updated: 14 Jul 2020