Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013

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A decision made 8 February 2013:

Decision Reference: MD-T-2013-0015

Decision Summary Title :

Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013

Date of Decision Summary:

29 January 2013

Decision Summary Author:

Head of DVS &

Inspector of Motor Traffic

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013

Date of Written Report:

29 January 2013

Written Report Author:

Head of DVS &

Inspector of Motor Traffic

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013

Decision(s): The Minister made the Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013.

Reason(s) for Decision: To update the Order and allow Health and Social Services to recover costs from visiting motorists’ insurers or insurers’ bureau when involved in any road traffic accidents in Jersey which injure third parties.

Resource Implications: There are no resource implications for TTS.

Action required: To notify the Publications Editor and the Law Draftsman that the Order has been made, forward the signed and sealed Order to the Publications Editor, States Greffe, and request the Greffier of the States to arrange for its notification to the States.

To publish details of the Order in the Gazette.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013

TRANSPORT AND TECHNICAL SERVICES

MOTOR TRAFFIC (THIRD-PARTY INSURANCE) (VISITING DRIVERS)

(JERSEY) ORDER 2013

Purpose of the Report

To make the Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013.

Background

The Minister is generally responsible for the Motor Traffic (Third Party Insurance) (Jersey) Law 1948. In May 2012 following approval by the Privy Council, the Motor Traffic (Third Party Insurance) (Amendment No.12) (Jersey) Law 2012 came into effect. The amendment allows the States, by Regulation, to set out the procedures to be followed by the Minister for Health and Social Services to determine and recover costs for treating a person injured in, or who dies following a road traffic accident, from motor insurers.

The Motor Traffic (Third Party Insurance) (Cost Recovery) Regulations 201- have been lodged by the Minister for Health and Social Services and are scheduled to be debated on 29 January 2013. Supporting Orders will also have to be made.

In making Ministerial Decision MD-T-2012-0089, the Minister agreed:-

To support the Minister for Health and Social Services in proposing the Motor Traffic (Third Party Insurance) (Cost Recovery) Regulations 201- to the States;
Subject to receipt of a suitable draft, to make the Motor Vehicles (International Motor Insurance Card) (Amendment No. 3) (Jersey) Order 201- at the appropriate time.

Discussion

The Law Draftsman was asked to prepare the necessary changes to the Motor Vehicles (International Motor Insurance Card) (Jersey) Order 1963 on the basis of a brief provided by the Department.

In the event, due to significant changes in the manner that insurance cover is provided to motorists travelling to other jurisdictions, the Law Draftsman has prepared a new draft Order to replace the existing Order. The Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013 is attached for the Minister to make the Order. Making the Order will provide for visiting motorists meeting the requirements for third party insurance and, in particular, Health and Social Services recovering costs incurred from the visiting motorist’s insurer or the insurers’ bureau if the visiting motorist is involved in a road traffic crash in Jersey which injures a third party. The Order will come in to force seven days after it is made.

Recommendation

The Minister is recommended to make the Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013 and request the Department to take the necessary action to implement the Order.

Reason(s) for Decision

To make the Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013, to allow Health and Social Services to recover costs from visiting motorists’ insurers or insurers’ bureau when involved in any road traffic crashes in Jersey which injure third parties.

Action Required

To notify the Publications Editor and the Law Draftsman that the Order has been made, forward the signed and sealed Order to the Publications Editor, States Greffe, and request the Greffier of the States to arrange for its notification to the States.

To publish details of the Order in the Gazette.

Written by:	Head of Driver and Vehicle Standards

Approved by:	Director of Transport

Attachments:	Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013