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Road Traffic (Protective Helmets) (Amendment) (Jersey) Order 2014

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A decision made 15 August 2014:

Decision Reference: MD-T-2014-0087

Decision Summary Title :

Road Traffic (Protective Helmets) (Amendment)  (Jersey) Order 2014

 

Date of Decision Summary:

05 August 2014

Decision Summary Author:

 

Head of Driver and Vehicle Standards / 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 :

Road Traffic (Protective Helmets) (Amendment)  (Jersey) Order 2014

Date of Written Report:

05 August 2014

Written Report Author:

Head of Driver and Vehicle Standards / Inspector of Motor Traffic

Written Report :

Public or Exempt?

 

Public

Subject: Road Traffic (Protective Helmets) (Amendment) (Jersey) Order 2014

 

Decision(s):  The Minister made the Road Traffic (Protective Helmets) (Amendment) (Jersey) Order 2014.

 

Reason(s) for Decision:  To make it clear that the Order made under Article 45 of the Road Traffic (Jersey) Law 1956 is in respect of motor cycle protective helmets.

 

Resource Implications: None

 

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.

 

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Road Traffic (Protective Helmets) (Amendment) (Jersey) Order 2014

TRANSPORT AND TECHNICAL SERVICES

 

ROAD TRAFFIC (PROTECTIVE HELMETS) (AMENDMENT) (JERSEY)

 

ORDER 2014

 

 

Purpose of the Report

 

To consider the Road Traffic (Protective Helmets) (Amendment)  (Jersey) Order 2014 which renames the Road Traffic (Protective Helmets) (Jersey) Order 2004 as the “Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004”, to make clear that the 2004 Order relates to motor cycles helmets (including mopeds) and not to (pedal) cycle helmets.

 

 

Background

 

In March 2014, the Minister approved the draft Road Traffic (No. 60) (Jersey) Regulations 2014 and an accompanying report to the States, to make provision for the Minister to require children to wear protective helmets when on a pedal cycle on a road or cycle track under MD-T-2014-0020.

 

On 17 July 2014 the States made the Road Traffic (No. 60) (Jersey) Regulations 2014 which came into force on 24 July 2014.  Among other things, these Regulations amended the heading to Article 45 of the Road Traffic (Jersey) Law 1956 to read “Motor cycle helmets” instead of “Protective helmets”.

 

On 29 July 2014 the Minister made the Pedal Cycles (Amendment No 2) (Jersey) Order 2014, which will come into force on 06 October 2014 and requires, among other things, children 13 years old and under to wear a cycle helmet when on a bicycle under MD-T-2014-0077.

 

There is already a Road Traffic (Protective Helmets) (Jersey) Order 2004 made under Article 45 of the Law, which requires a person when riding on a motor cycle to wear a “protective helmet” complying with the Consumer Protection (Protective Helmets) (Jersey) Order 2004 (sic) which is administered by the Minister for Economic Development.  These Orders need to be renamed to differentiate between motor cycle (protective) helmets and cycle (protective) helmets.

 

 

Discussion

 

The Minister for Economic Development has already made the amendment Order under the Consumer Safety (Jersey) Law 2006 renaming the Consumer Protection (Protective Helmets) (Jersey) Order 2006 as the “Consumer Safety (Motor Cycle Helmets) (Jersey) Order 2006”.

 

The Assistant Law Draftsman has produced the Road Traffic (Protective Helmets) (Amendment) (Jersey) Order 2014 which renames the Order as the “Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004”.  The amendment also corrects the reference to the Consumer Protection Order.

 

The Order will come into effect at the same time as the related Order under the Consumer Safety (Jersey) Law 2006.

 

 

Recommendation

 

The Minister is recommended to make the Road Traffic (Protective Helmets) (Amendment) (Jersey) Order 2014 which will make it clear that the Order is for motor cycle helmets.

 

 

Reason(s) for Decision

 

To make it clear that the Order made under Article 45 of the Road Traffic (Jersey) Law 1956 is in respect of motor cycle protective helmets.

 

 

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

 

 

 

 

Written by:

Head of Driver and Vehicle Standards

 

 

Approved by: 

Director of Transport

 

 

Attachments:

Road Traffic (Protective Helmets) (Amendment) (Jersey) Order 2014

 

 

 

 

 

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