Road Traffic (No. 58) (Jersey) Regulations 200-.

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A decision made (18/06/2007) regarding: Road Traffic (No. 58) (Jersey) Regulations 200- Implementing changes to speed limits policy.

Subject:	Road T Road Traffic (No. 58)(Jersey) Regulations 200- Implementing changes to speed limits policy
Decision Reference:	MD-T-2007-0047		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	I:Minister:2007:Ministerial Decisions: MD0047
Written report – Title	Road Traffic (No. 58)(Jersey) Regulations 200-
Written report – Author (name and job title)	Alan Muir Head – Driver and Vehicle Standards
Decision(s): The Minister approved and decided to lodge the draft Road Traffic (No. 58)(Jersey) Regulations 200- and accompanying Report to the States.
Reason(s) for decision: To progress lodging a report to the States and Regulations that will provide for minor changes in respect of driving licences and implement changes to speed limit policy previously approved by the States.
Action required: Lodge the Report and draft Road Traffic (No. 58)(Jersey) Regulations 200- and seek a date for debate in the States.
Signature: (Minister/ Assistant Minister)		Date of Decision: 18 June 2007

Road Traffic (No. 58) (Jersey) Regulations 200-.

TRANSPORT AND TECHNICAL SERVICES

ROAD TRAFFIC (No. 58)( JERSEY ) REGULATIONS 200-

Purpose of the Report

To approve a report to the States on Regulations that will provide for minor changes in respect of driving licences and implement changes to speed limit policy previously approved by the States so that the draft Regulations can be lodged.

Background

On March 15th, 2005, the States adopted the Proposition of the Environment and Public Services Committee, P1/2004, amended by the Connétable of St Helier, for a revised speed limits policy. If approved, the draft Regulations will require the Minister to consult the Connétable of the parish in which a road is situated before setting a speed limit on that road and will restrict vehicles with a laden weight of 3.5 tonnes or over to a maximum speed limit of 30 miles per hour on roads not subject to a lower speed limit. Those vehicles will be required to display a “30” sign to indicate that they are so restricted. This requirement will be prescribed by amendment to the Motor Vehicles (Construction and Use) (Jersey) Order 1998.

On March 28th, 2007, the States made the Road Traffic (No.57)(Jersey) Regulations 2007 which facilitated the introduction of a new driving licence system. The draft Regulations, if approved, will tidy up aspects of the law in respect of driving licences and require licence holders when requested to produce their licence for examination to Traffic Officers as well as Police Officers.

Discussion

Regulation 2		Amends the definition of “prescribed test” by specifying the particular sub-clause (a) of Article 8(1).
Regulation 3		Matters regarding change of name or address are now covered in the Driving Licences Order so the current Article 4(10) in the law is no longer required. The new Article 4(11) has been inserted to confirm that those licences issued for 5 years under the old driving licence system will remain in force for a maximum of 5 years.
Regulation 4		There have been situations in the past where persons presenting a driving licence from another country in exchange for a Jersey licence have demanded certain categories are included in the Jersey licence. Not all countries have similar driving tests particularly for larger vehicles such as buses and lorries. This revised Article 8 will allow the Minister to specify in an Order (in a Schedule) those categories of vehicles which will be included in a Jersey licence when a domestic driving permit from another country is surrendered in exchange for a Jersey licence.
Regulation 5		Amends Article 13 so that Traffic Officers will have the same power as Police Officers to require a driver of a vehicle to produce his/her driving licence. At present, Traffic Officers can require drivers/owners to produce registration and insurance documents. Being able to check driving licences will allow Traffic Officers to verify at road checks that motorists are complying with the requirements of the law, particularly in respect of having the correct categories on their licences and ensuring that residents have a Jersey licence.
Regulation 6		Additional Article 21(2A) provides for the Minister consulting the Connétable of a parish when it is intended to change any speed limit on a road in the parish.
Regulation 7		The revision to Schedule 2 clarifies the vehicles which will be restricted to a maximum speed of 30 miles per hour, namely, large goods vehicles, large passenger carrying vehicles, medium-sized goods vehicles and vehicles drawing trailers.
Regulation 8		Names the Regulations and details that they will come into force seven days after they are made.

A report to the States to accompany the draft Regulations is attached for the Minister’s approval. It is not envisaged there will be any manpower implications for the States in adopting these Regulations. There will be a small cost to the States to advertise the requirement for 30 miles per hour signs to be displayed on certain vehicles. In addition, there will be a relatively small cost to States departments that operate vehicles and trailers described in Schedule 2 as the departments will have to purchase and fix the required 30 mph sign to these vehicles. Similarly, any individual or company that owns or operates such vehicles or trailers will be required to purchase and fix one of these signs to their vehicles and trailers. It is expected the cost of these signs will be in the order of £2 each.

It is envisaged that consequential amendments will be made by the Minister to the Motor Vehicles (Driving Licences)(Jersey) Order 2003 (as amended) and the Motor Vehicles (Construction and Use)(Jersey) Order 1998 (as amended).

The Driving Licences amendment will follow Regulation 4 and amend Article 11 and Schedule 5 of the Order so that the parochial authority may only issue certain categories of licence listed to anyone exchanging a foreign licence for a Jersey licence. In addition, Australia has recently agreed to exchanging licences with Jersey and so Australia will be added to the list in Schedule 5. It is expected that the amendment to the Order will be made to come into effect at the same time as the Regulations.

The Construction and Use amendment stipulates the form of the sign to be displayed on all vehicles and trailers that are to be restricted to a maximum speed of 30 miles per hour. It is envisaged that a reasonable period of time will be given to motorists to obtain and affix the sign so while the amendment to the Order should be made to come into effect at the same time as the Regulations, the date by which the requisite sign must be affixed to relevant vehicles will be set as 1st January, 2008.

Recommendation

The Minister is requested to approve the draft Road Traffic (No. 58)(Jersey) Regulations 200- and accompanying Report and lodge the draft in the States.

Reason(s) for Decision

To progress lodging a report to the States and Regulations that will provide for minor changes in respect of driving licences and implement changes to speed limit policy previously approved by the States.

Action Required

Lodge the Report and draft Road Traffic (No. 58)(Jersey) Regulations 200-

Written by: Alan Muir

Endorsed by: David St George

Approved by: Caroline Anderson

Attachments:

Draft Road Traffic (No. 58)(Jersey) Regulations 200-

Draft Report to the States.

ASM

23 May 2007

TRANSPORT AND TECHNICAL SERVICES

ROAD TRAFFIC (No. 58)(JERSEY) REGULATIONS 200-

REPORT

On March 15th, 2005, the States adopted the Proposition of the Environment and Public Services Committee, P1/2004, amended by the Connétable of St Helier, for a revised speed limits policy. If approved, draft Regulations 6 and 7 will give effect to certain aspects of the speed limits policy, requiring the Minister to consult the Connétable of the parish in which a road is situated before setting a speed limit on that road, and restricting vehicles with a laden weight of 3.5 tonnes or over to a maximum speed limit of 30 miles per hour on roads not subject to a lower speed limit. Those vehicles will be required to display a “30” sign to indicate that they are so restricted. This requirement will be prescribed by amendment to the Motor Vehicles (Construction and Use) (Jersey) Order 1998.

~~and requiring such vehicles to display a “30” sign to indicate that they are so restricted.~~

On March 28th, 2007, the States made the Road Traffic (No.57)(Jersey) Regulations 2007 which facilitated the introduction of a new driving licence system. The new driving licence system has been introduced and draft Regulations 2 and 3, if approved, will tidy up aspects of the law in respect of driving licences.

With the new driving licence system in place, it will be possible to check driving licence records during road checks. Draft Regulation 5, if approved, will require licence holders, when requested, to produce their licence for examination to Traffic Officers as well as Police Officers so that during road checks, Traffic Officers can verify that drivers’ licence details are up to date, whether drivers with foreign licences should be applying for a Jersey driving licence and that drivers are licensed to drive the category of vehicle he/she is operating.

There have been situations in the past where persons presenting a driving licence from another country in exchange for a Jersey licence have demanded certain categories are included in the Jersey licence. Not all countries have similar driving tests particularly for larger vehicles such as buses and lorries. Draft Regulation 4, if approved, will allow the Minister to specify in an Order (in a Schedule) those categories of vehicles which will be included in a Jersey licence when a domestic driving permit from another country is surrendered in exchange for a Jersey licence.

Financial Implications

If approved it is estimated that the cost to the States will be in the order of £2000 for publicising the requirements for signs on vehicles over 3.5 tonnes and for putting these signs on States operated vehicles.

Manpower Implications

There are no manpower implications.

European Convention on Human Rights

In the view of the Minister for Transport and Technical Services, the provisions of the Road Traffic (No. 58)(Jersey) Regulations 200- are compatible with the Convention rights.

Minister for Transport and Technical Services