Road Traffic (No. 58) (Jersey) Regulations 2007

Made                                                                   26th September 2007

Coming into force                                                    3rd October 2007

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

2        Article 1 amended

In Article 1 of the Law, in paragraph (1), for the definition “prescribed test” there shall be substituted the following definition –

“ ‘prescribed test’ means a test prescribed for the purposes of Article 8(1)(a);”.

3        Article 4 amended

In Article 4 of the Law, for paragraphs (10) and (11) there shall be substituted the following paragraphs –

“(10)  A person who fails to comply with paragraph (9) shall be liable to a fine not exceeding £500.

(11)    The amendments, effected by the Road Traffic (No. 57) (Jersey) Regulations 2007[4], to the period for which a licence shall remain in force under paragraphs (4) and (5) shall not affect the period of validity of a licence granted or issued before those Regulations came into effect.”.

4        Article 8 amended

In Article 8 of the Law, for paragraphs (1) and (2) there shall be substituted the following paragraphs –

“(1)    A licence (other than a provisional licence) shall not be granted to any applicant unless –

(a)     the applicant satisfies the parochial authority that the applicant has, within the 5 years immediately before the date of the application for the licence, passed a prescribed test showing the applicant to be competent to drive vehicles of the class or description which the applicant would be authorized to drive by the licence applied for;

(b)     the applicant satisfies the parochial authority that the applicant has, within the 5 years immediately before the date of the application for the licence, held a licence (not being a provisional licence) authorizing the applicant to drive vehicles of that class or description; or

(c)     where the licence is within a category specified in an Order made under paragraph (2) –

(i)      the applicant satisfies the parochial authority that the applicant has, within the 5 years immediately before the date of the application for the licence, held a domestic driving permit, issued by a country or territory prescribed in an Order made under paragraph (2), that is a permit of a class prescribed in the Order in relation to that country or territory, 

(ii)      the Order allows the parochial authority to issue a licence that is within that category to a person who holds a domestic driving permit of that class that is issued by that country or territory, and

(iii)     the applicant satisfies the parochial authority that the applicant is not, at the time of the application, disqualified under the law of that country or territory for holding or obtaining a licence under that law to drive vehicles of any class or description.

(2)     The Minister may by Order prescribe the following –

(a)     a parochial authority may only issue, to a person who produces to the authority a domestic driving permit held by the person, a licence that is within a category specified in the Order, if –

(i)      the permit is issued by a country or territory prescribed in the Order,

(ii)      the permit is within a class of permits prescribed in the Order in relation to that country or territory, and

(iii)     the Order specifies that a licence within that category may be issued to a holder of a permit within that class that is issued by that country or territory;

(b)     paragraph (1) shall have effect, in relation to domestic driving permits issued in any such country or territory as if –

(i)      for the period of 5 years referred to in the paragraph  there were substituted a lesser period, or

(ii)      for the condition that the applicant has held a domestic driving permit within the period of 5 years there were substituted a condition that the applicant holds a valid domestic driving permit at the date of the application for the licence;

(c)     a licence shall not be issued to the holder of such a permit unless the permit is surrendered to the parochial authority for return by that authority to the issuing authority in the country or territory of issue.”.

5        Article 13 amended

In Article 13 of the Law, in paragraphs (1) and (2), after the words “Police Officer”, in each place where they occur, there shall be inserted the words “or Traffic Officer”.

6        Article 21 amended

After Article 21(2) of the Law there shall be inserted the following paragraph –

“(2A) Before making an Order under paragraph (2) in respect of a road in a parish, the Minister shall consult the Connétable of the parish.”.

7        Schedule 2 amended

In Schedule 2 to the Law, for item (1) there shall be substituted the following item –

 

“(1)

Large goods vehicles, large passenger carrying vehicles, medium-sized goods vehicles and vehicles drawing trailers

30”.

8        Citation and commencement

(1)     These Regulations may be cited as the Road Traffic (No. 58) (Jersey) Regulations 2007.

(2)     These Regulations shall come into force 7 days after they are made.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 23.350

[2]                                    chapter 25.550

[3]                                    chapter 25.550

[4]                                    R&O.49/2007


Page Last Updated: 26 Apr 2016