Motor Vehicle Registration (Amendment No. 4) (Jersey) Law 201-

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A decision made 7 August 2013:

Decision Reference: MD-T-2013-0066

Decision Summary Title :

Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201-

Date of Decision Summary:

06 August 2013

Decision Summary Author:

Head of DVS &

Inspector of Motor Traffic

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201-

Date of Written Report:

06 August 2013

Written Report Author:

Head of DVS &

Inspector of Motor Traffic

Written Report :

Public or Exempt?

Public

Subject: Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201-

Decision(s): The Minister approved the draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- and accompanying Report, signed the Statement confirming the provisions of the draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- are compatible with the European Convention on Human Rights and asked that the Report and draft amendment to the Law should be lodged in the States.

Reason(s) for Decision: To progress amendment of the necessary legislation that, amongst other things, makes provision for the sale of rights to display cherished registration marks and permits the Department and States to meet its annual cash limit requirements set under the Comprehensive Spending Review.

Resource Implications: It is expected that after auctioneers’ commission and other expenses, there will be a net income of £100,000 per annum.

Action required: Lodge the Report and draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- and the Statement confirming compatibility with the European Convention on Human Rights.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Motor Vehicle Registration (Amendment No. 4) (Jersey) Law 201-

TRANSPORT AND TECHNICAL SERVICES

MOTOR VEHICLE REGISTRATION (AMENDMENT No.4) (JERSEY) LAW 201-

Purpose of the Report

To approve the draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- and an accompanying report to the States, that will make provision for the Minister, through the Department, to sell the right to display cherished registration marks by auction, tender or at a set amount determined by the Minister and regularise other deficiencies and inconsistencies in the current legislation.

Background

In April 2011, the Minister signed MD-T-2011-0035 to “bring the Motor Vehicle Registration legislation up to date and address deficiencies and inconsistencies therein”. These include:-

Registered owners of vehicles to notify the Department if the owner’s name changes (there is already a requirement to notify a change of address);

Recognising that while trade licences continue to be issued by the Department on behalf of the Minister, trade plates are no longer issued by the Department (they are provided by the private sector).

There is also an obligation arising from the Comprehensive Spending Review that, from 2013, Driver and Vehicle Standards should generate annual “user pays” income of £100,000 from the sale of rights to display cherished registration marks.

The Law Draftsman has prepared the Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- in accordance with drafting instructions issued by the Department and subject to the Minister approving the amendments, the proposed amendment to the Law should be lodged au Greffe. (Copy of Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- is attached).

Discussion

The Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- subject to approval by the States and Privy Council will make provision for the Minister prescribing certain matters by Order. Although the Order will be made by the Minister, the matters to be included in the draft Order have been provided to the Environment Scrutiny Panel to review and if considered necessary, can also be provided to States Members.

The various articles in the Amendment will provide for the following:-

Article 2		Adds the definition of “registration mark”;
Article 3		Article 4(3) is deleted as it deals with previously assigned registration marks (now covered in new Article 5A) rather than strictly matters to do with first registration.
Article 4		Makes provision that the registered owner of a vehicle must notify the Inspector if the owner’s name changes. There is already provision for registered owners to notify the Inspector of a change of address.
Article 5		Provides a new Article 5A for the assignment of registration marks.
Article 6		Amends the law and extends the powers for the Minister to make Orders about registering motor vehicles including the assignment and withdrawal of registration marks and particularly the sale, retention and exchange of rights to assignment of registration marks. It also allows the Minister to provide by Order, for the grant of a right to have a particular mark assigned to a vehicle by sale at auction, by tender or by charge (set by the Minister), together with any documents necessary for validating these transactions.
Articles 7, 8 &9		Amend the law to remove references to trade licence plates being issued / supplied by the Inspector. The paper licences that must be affixed to trade plates are issued annually by the department but the actual trade plates have always been supplied by the private sector.
Article 10		Extends the current Article 11 of the Law which deals with offences of giving false or misleading information to cover such offences if applying for a “mark-right” or assignment of particular registration marks and also covers failure to notify change of name.
Article 11		Extends the current Article 13 of the Law which deals with offences of forgery or fraud to cover such offences for mark-right documents.

A report to the States to accompany the draft Amendment is attached for the Minister’s approval. It is not envisaged there will be any manpower implications for the States in adopting these Amendments.

Once adopted and the supporting Order is made, it is expected that after auctioneers’ commission and other expenses, there will be a net income of £100,000 per annum from the sale of these rights to display which is required to meet the cash limit requirements set for the Driver and Vehicle Standards Unit of the Department, under the Comprehensive Spending Review for 2013 and annually thereafter.

It is understood that the proposed amendments are compatible with the European Convention on Human Rights. The Minister should sign the statement confirming this.

A copy of the supporting draft Order has been provided to the Environment Scrutiny Panel.

Recommendation

The Minister is requested to approve the draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- and accompanying Report and lodge the draft in the States.

The Minister is also requested to sign the Statement confirming the provisions of the draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- are compatible with the European Convention on Human Rights.

Reason(s) for Decision

To progress amendment of the necessary legislation that amongst other things, makes provision for the sale of rights to display cherished registration marks and permits the Department and States to meet its annual cash limit requirements set under the Comprehensive Spending Review.

Action Required

Lodge the Report and draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- and signed statement confirming compatibility with the European Convention on Human Rights.

Written by: Head of Driver and Vehicle Standards / Inspector of Motor Traffic

Approved by: Director of Transport

Attachments:

Draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201-

Draft Report to the States

Statement confirming the provisions of the draft Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201- are compatible with the European Convention on Human Rights.