Policing of Roads (Jersey) Regulations 1959

Revised Edition

22.600.75

Showing the law as at 1 January 2017

This is a revised edition of the law




Policing of Roads (Jersey) Regulations 1959

THE STATES, in pursuance of the powers conferred upon them by the Order in Council of 26th December 1851,[1] Article 92 of the Road Traffic (Jersey) Law 1956,[2] and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957,[3] have made the following Regulations –

Commencement [see endnotes]

1        Interpretation

In these Regulations –

article or thing” includes any living thing;

“authorized person” means, in relation to a road –

(a)     a person appointed by the Connétable of the parish in which the road is situated to be an authorized person for the purposes of these Regulations; and

(b)     a police officer;

public service vehicle” has the same meaning as in the Motor Traffic (Jersey) Law 1935;[4]

road” means any public road or any public place, but excludes any place to which the Policing of Beaches (Jersey) Regulations 1959,[5] or the Policing of  Parks (Jersey) Regulations 1962,[6] apply;

trading” means the selling, or exposing or offering for sale, of any article or thing, or the provision of, or the offering to provide, any service for a consideration. [7]

2        Prohibited acts

(1)     No person shall, on any road –

(a)     behave or be clothed in any manner reasonably likely to offend against public decency;

(b)     deposit, throw down or leave (otherwise than in a receptacle provided for the purpose) any bottle, tin, container, glass, crockery, paper, wrapper or any refuse of any nature whatsoever;

(c)     deposit for collection by a parish authority any household or commercial refuse unless it is contained in a receptacle which is suitable for the purpose and which, without prejudice to the generality of the foregoing, adequately protects the refuse from disturbance by domestic animals, birds or rodents;

(d)     permit any animal to foul a footpath;

(e)     deface the surface of the road or of any public property or building abutting thereon by writing or other marks;

(f)      within the parish of St. Helier deposit mud by the use of any vehicle of which the person is in charge;

(g)     handle, destroy, cut or injure any tree, shrub, leaf, plant, flower, fruit, seed or exhibit, or pluck or take away or have in the person’s possession, after being so plucked or taken away, any bough, shrub, leaf, plant, flower, fruit, seed or exhibit;

(h)     cause any obstruction to free passage;

(i)      station any vehicle with a view to trading therefrom;

(j)      inconvenience any other person with the offer of any article or thing for sale or the provision of any service;

(k)     throw or discharge any stone or missile or light any fire or firework;

(l)      roller-skate or skateboard;

(m)    foul the road with saliva, mucus or other excrement;

(n)     fail to remove forthwith from the road any faeces deposited by a dog of which the person is in charge (not being a guide dog in the charge of a blind person), for the purposes of which it shall be a sufficient removal if the faeces are hygienically disposed of in a receptacle provided for the deposit of litter;

(o)     within the area enclosed by and including the Esplanade, Peirson Road, Cheapside, Elizabeth Place, Rouge Bouillon, Springfield Road, Janvrin Road, St. Mark’s Road, St. Saviour’s Road, Pleasant Street, Clarence Road, Don Road, Colomberie, Grenville Street, Green Street, Route du Fort and Weighbridge, permit a dog to stray on the road or, when accompanied by a dog, keep the dog otherwise than on a lead;

(p)     destroy, damage or interfere with any equipment placed on or near the road and intended for use in case of accident, fire or other emergency.[8]

(2)     Paragraph (1)(o) of this Regulation, insofar as it requires a dog to be kept on a lead, shall not apply to a dog which is being worked under the control of a police officer or an officer of the Impôts in the course of the officer’s duty.[9]

3        Acts for which written permission is required

(1)     Subject to the provisions of this Regulation, no person shall, on any road, except with the written permission, previously obtained, of the Connétable of the parish in which the road is situate –

(a)     place or exhibit any display or representation;

(b)     organize or conduct any parade or procession;

(c)     play any musical instrument for reward;

(d)     erect or use any apparatus for the transmission, reception, reproduction or amplification of sound, speech or images by electrical or mechanical means, except apparatus designed and used as an aid to defective hearing and apparatus used in a vehicle so as not to produce sound audible by a person outside the vehicle.

(2)     Any permission under this Regulation may be granted subject to such conditions as the Connétable may think fit to impose, and may at any time be withdrawn by the Connétable.

3A     Authorized persons[10]

(1)     A Connétable must issue each authorized person it appoints with an identity card that –

(a)     contains the name of the authorized person; and

(b)     states that the person is an authorized person for the purposes of these Regulations.

(2)     If an authorized person reasonably believes that a person has contravened any of the provisions of these Regulations or contravened or failed to comply with any condition subject to which any permission under these Regulations is granted, the authorized person may require the person to give the person’s name and address.

(3)     In the case of an authorized person appointed by a Connétable, before requiring a person’s name and address under paragraph (2), the authorized person shall show his or her identity card to the person.

(4)     A person who is required to give his or her name and address under paragraph (2) must give the authorized person his or her true name and address.

4        Penalty for offences

If any person contravenes any of the provisions of these Regulations or contravenes or fails to comply with any condition subject to which any permission under these Regulations is granted, the person shall be liable to a fine not exceeding level 2 on the standard scale. [11]

5        Application of fines levied summarily[12]

All fines for offences against these Regulations which are levied summarily by a Centenier in exercise of powers conferred upon the Centenier by Article 1 of the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957,[13] shall be awarded for the benefit of the parish in which the offence was committed and shall be applied towards the cost of maintenance of the by-roads of that parish.

6        Saving

Nothing in these Regulations shall be deemed to repeal or affect the provisions of any other enactment, but so that a person shall not be punished twice for the same offence.

7        Citation

These Regulations may be cited as the Policing of Roads (Jersey) Regulations 1959.

 

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Policing of Roads (Jersey) Regulations 1959

R&O.4046

12 April 1959

Policing of Parks (Jersey) Regulations 1962

R&O.4332

20 January 1962

Policing of Roads (Amendment) (Jersey) Regulations 1970

R&O.5351

1 June 1970

Policing of Roads (Amendment No. 2) (Jersey) Regulations 1985

R&O.7384

17 April 1985

Policing of Roads (Amendment No. 3) (Jersey) Regulations 1992

R&O.8347

4 March 1992

Policing of Roads (Amendment No. 4) (Jersey) Regulations 1992

R&O.8387

13 May 1992

Policing of Roads (Amendment No. 5) (Jersey) Regulations 1994

R&O.8698

27 July 1994

Policing of Roads (Amendment No. 6) (Jersey) Regulations 1995

R&O.8821

1 May 1995

Policing of Roads (Amendment No. 7) (Jersey) Regulations 1996

R&O.8907

15 February 1996

Policing of Roads (Amendment No. 8) (Jersey) Regulations 1996

R&O.8929

1 July 1996

Connétables (Miscellaneous Provisions – Consequential Amendments) (Jersey) Regulations 2014

R&O.81/2014

1 August 2014 (R&O.80/2014)

Policing of Roads (Amendment No. 9) (Jersey) Regulations 2016

R&O.5/2016

26 January 2016

Table of Renumbered Provisions

Original

Current

2                (1)(ba)

2               (1)(c)

                       (c)

                      (d)

                       (d)

                      (e)

                       (da)

                      (f)

                       (e)

                      (g)

                       (f)

                      (h)

                       (g)

                      (i)

                       (h)

                      (j)

                       (j)

                      (k)

                      (k)

                      (l)

                      (l)

                     (m)

                      (la)

                     (n)

                      (m)

                     (o)

                      (n)

                     (p)

5

repealed by R&O.8821

6

5

7

6

8

7

…………..(2)

spent, omitted from this revised edition

Table of Endnote References



[1]                                    chapter 23.350

[2]                                    chapter 25.550

[3]                                    chapter 22.600

[4]                                    chapter 25.200

[5]                                    chapter 22.600.25

[6]                                    chapter 22.600.50

[7] Regulation 1            amended by R&O.4332, R&O.5/2016

[8] Regulation 2(1)      amended by R&O.5351, R&O.8347, R&O.8387, R&O.8698, R&O.8907, R&O.8929

[9] Regulation 2(2)      inserted by R&O.8387

[10] Regulation 3A        inserted by R&O.5/2016

[11] Regulation 4          amended by R&O.7384, R&O.8347, R&O.8821

[12] Regulation 5          substituted by R&O.8821; amended by R&O.81/2014

[13]                                   chapter 22.600


Page Last Updated: 30 Apr 2019