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Road Traffic (No. 68) (Jersey) Regulations 2021

Made                                                                                                   5th October 2021

Coming into force                                                                        12th October 2021

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

1        Interpretation

In these Regulations a reference to an Article or Schedule is a reference to an Article or Schedule in the Road Traffic (Jersey) Law 1956.

2        Article 52 (duty of driver of vehicle in case of accident) substituted

For Article 52 there is substituted –

“52    Duty of driver of vehicle in case of accident

(1)     A driver of a vehicle must comply with paragraph (2), if owing to the presence of the vehicle on a road, an accident occurs involving any of the following –

(a)     personal injury to any person;

(b)     damage to –

(i)      another vehicle, or

(ii)      any other property (moveable or immovable) including land and anything constructed on, fixed to or growing on land; or

(c)     injury is caused to any horse, cattle, ass, mule, sheep, pig, goat or dog.

(2)     The driver of the vehicle must stop and, if required by any person having reasonable grounds for doing so, must give the following information –

(a)     the driver’s name and address and, if different, the name and address of the owner of the vehicle;

(b)     the registration mark of the vehicle; and

(c)     whether, and the extent to which, there is in force in relation to the user of the vehicle a policy of insurance in respect of third party risks.

(3)     If, for any reason (including not being required by any person), the driver of the vehicle does not give the information referred to in paragraph (2)(a), the driver –

(a)     must immediately inform a police officer of the occurrence of the accident; and

(b)     must not move the vehicle without the consent of a police officer.

(4)     Subject to paragraph (5), if a cat is hit by a motor vehicle while that vehicle is being driven on a road, the driver of the vehicle must –

(a)     stop the vehicle as soon as it is safe or reasonably practicable to do so; and

(b)     notify a person or body described in paragraph (6) of –

(i)      when the cat was hit, and

(ii)      the location where the cat was last seen by the driver.

(5)     A driver is not guilty of an offence of failing to comply with paragraph (4) if the driver of the motor vehicle did not know and had no reason to suspect that a cat was hit by the motor vehicle.

(6)     A person or body for the purpose of paragraph (4) is –

(a)     a person who is responsible for care of the cat; or

(b)     a person or body specified for the purpose of paragraph (4) in a code issued under Article 85.

(7)     If a person fails to comply with paragraph (1) or (3), that person commits an offence and is liable to a fine and imprisonment for 6 months.

(8)     If a person fails to comply with paragraph (4) that person commits an offence and is liable to a fine of level 3 on the standard scale.

(9)     A person or body referred in paragraph (6)(b) who is notified of information under paragraph (4) must –

(a)     keep a record of when the cat was struck and when the cat was last seen; and

(b)     make that information available to any person who seems to have reasonable grounds for requiring the information.

(10)    For the avoidance of doubt, in respect of an accident involving injury to an animal, this Article is without prejudice to any other action a person may take to avoid liability under Article 4 (cruelty and unnecessary suffering) and Article 5 (neglect and abandonment) of the Animal Welfare (Jersey) Law 2004.”.

3        Schedule 3 (offences in respect of which there is no power to levy fines summarily) amended

In Schedule 3 for “Article 52 – failure to stop after an accident” there is substituted “Article 52(1) and (3) – failure to stop or report after certain accidents”.

4        Citation and commencement

These Regulations may be cited as the Road Traffic (No. 68) (Jersey) Regulations 2021 and come into force 7 days after the day they are made.

 

 


Page Last Updated: 05 Oct 2021