Road Traffic (No. 60) (Jersey) Regulations 2014

Made                                                                            17th July 2014

Coming into force                                                         24th July 2014

THE STATES, in pursuance of the Order in Council of 26th December 1851[1] and Article 92 of the Road Traffic (Jersey) Law 1956[2], have made the following Regulations –

1        Interpretation

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

2        Article 45 amended

In the heading to Article 45 of the Law, for the word “Protective” there are substituted the words “Motor cycle”.

3        Article 45A inserted

After Article 45 of the Law there is inserted the following Article –

“45A Bicycle helmets for children

(1)     The Minister may by Order make provision requiring a child to wear a protective helmet of a prescribed description and in a prescribed manner, if the child –

(a)     drives or rides on –

(i)      a pedal cycle, or

(ii)      a trailer drawn by a pedal cycle;

(b)     does so on a road or cycle track; and

(c)     is of a prescribed age.

(2)     A child commits an offence and is liable to a fine of level 1 on the standard scale if, without reasonable excuse, the child contravenes a requirement imposed on the child by an Order under paragraph (1).

(3)     A parent of a child commits an offence, and is liable to a fine of level 1 on the standard scale, if without reasonable excuse the parent causes or permits that child to contravene a requirement imposed on the child by an Order under paragraph (1).

(4)     A person commits an offence, and is liable to a fine of level 1 on the standard scale, if without reasonable excuse the person drives a pedal cycle when a child –

(a)     rides on that pedal cycle or on a trailer drawn by that pedal cycle; and

(b)     contravenes a requirement imposed on the child by an Order under paragraph (1).

(5)     For the purpose of paragraph (4) the child is to be treated as riding on the pedal cycle or trailer irrespective of whether the child is also driving the pedal cycle or trailer.

(6)     If a police officer reasonably suspects that a person is contravening or is about to contravene a requirement imposed on that person by an Order under paragraph (1), the police officer may require –

(a)     that person to dismount from the pedal cycle or trailer, or not to mount it as the case may be;

(b)     that person to give –

(i)      his or her age, name and address, and

(ii)      the name and address of his or her parent or parents; and

(c)     any other person driving the pedal cycle, or appearing to be about to drive it, to give the information required under sub-paragraph (b) in respect of the suspected person, to the extent of his or her knowledge.

(7)     A person who without reasonable excuse fails to comply with a requirement under paragraph (6) commits an offence, and is liable to a fine of level 2 on the standard scale.

(8)     Article 84(4) does not apply to a contravention of an Order under this Article.

(9)     In this Article “parent”, in relation to a child, means a person who for the time being has parental responsibility for that child within the meaning of the Children (Jersey) Law 2002[4].”.

4        Article 80 amended

In Article 80(1)(d) of the Law, after the words “this Article” there are inserted the words “or Article 45A”.

5        Citation and commencement

These Regulations may be cited as the Road Traffic (No. 60) (Jersey) Regulations 2014 and come into force 7 days after they are made.

L.-m. hart

Deputy Greffier of the States

 


 



[1]                                    chapter 23.350

[2]                                    chapter 25.550

[3]                                    chapter 25.550

[4]                                    chapter 12.200


Page Last Updated: 15 Apr 2016