TRANSPORT AND TECHNICAL SERVICES
Draft Motor Vehicles (Driving Licences)(Amendment No.6)( Jersey ) Order 200-
Purpose of the Report
To consider the Motor Vehicles (Driving Licences)(Amendment No.6)(Jersey) Order 200-.
Background
At the 28th March 2007 sitting, the States approved the Road Traffic (No. 57)(Jersey) Regulations 200-, providing for the introduction of a new style driving licence that will generally last for a period of 10 years. The Motor Vehicles (Driving Licences)(Amendment No.6)(Jersey) Order 200- is the subordinate legislation that provides for the form of the licence, the requirements for photographs, the fees for issuing licences and other matters associated with issuing the new style licence.
Discussion
The Law Draftsman has prepared a draft amendment to the Order on the basis of a brief provided by the Department. The fees and charges for driving licences were decided by the Comité des Connétables. Parish representatives have reviewed a similar draft Order and have offered no comment. A copy of the draft Order is attached.
Article 2 removes the need to prescribe the application form for a driving licence. In future, the form will be approved by the Minister. A separate report is to be presented to the Minister, submitting a form for the Minister’s approval.
Article 3 prescribes the standard for photographs to be used on the new licence.
Article 4 removes the need to prescribe the declaration made by applicants that he/she is not disqualified from holding a licence. The new form to be approved by the Minister requests details of disqualifications, etc and there is a statement on the form where the applicant signs the form that the applicant acknowledges it is a criminal offence to make a false declaration to obtain a driving licence.
Article 5 details how the fee for a licence is determined. It provides for reducing the fee for an applicant who is adding a new category to his/her licence before his/her current licence expires. It also offers a similar reduction, subject to a minimum fee of £10, for those applicants whose licence cannot run for 10 years due to age restrictions on prescribed categories. It also allows the issuing authority (the parish) to charge an additional “same day service” fee of £20.
Article 6 details that the basic appearance and form of the licence.
Articles 7, 8, 9 and 10 amend the Order such that a full driving licence issued by another jurisdiction can no longer be used instead of a provisional licence to book or take the theory and practical driving tests.
Article 11 amends the wording to acknowledge that it may be necessary to calculate the fee to be charged for a provisional licence if the applicant requests a “same day service”.
Article 12 details that the basic appearance and form of the provisional licence.
Article 13 rectifies an omission from the current Order and clarifies that a substitute licence issued to anyone requesting a licence free from endorsement will be valid to the same expiry date as the original licence.
Article 14 provides for licence holders changing name or address. If a licence holder changes his/her name, he/she must inform the parish, provide evidence of the name change and where necessary a new photograph whereupon a new licence will be issued free of charge. If a licence holder changes his/her address, he/she must inform the parish but if the licence holder has already been issued with a new style licence, a new licence will not be issued as the address is no longer shown on the licence. Any licence holder surrendering an old style cardboard licence when he/she changes address will have to provide a new photograph and will be issued with a new style licence free of charge.
Article 15 confirms that the old style cardboard licence will continue to be accepted as the form of licence until it expires.
Article 16 revokes Schedule 2 of the Order which set out the application form when it had to be prescribed.
Article 17 inserts a new table of fees in Schedule 3, including those fees for driving tests that have been increased by less than 2.5 percent.
Article 18 inserts a new Schedule 4 illustrating the new form of full and provisional licences that will be issued.
Article 19 specifies the name of the Order and states that it will come into force on 4 April, 2007.
Recommendation
The Minister is recommended to make the Motor Vehicles (Driving Licences)(Amendment No.6)(Jersey) Order 200- and request the Department to take the necessary action to implement the Order.
Reason(s) for Decision
To make the Motor Vehicles (Driving Licences)(Amendment No.6)(Jersey) Order 200- , allowing the introduction of credit card style driving licences, together with the appropriate fees and to increase the fees for driving tests by an amount no greater than 2.5 percent.
Action Required
To send the hard copy of the Order to the Publications Editor at the States Greffe as soon as it has been signed.
Notify the Comité des Connétables that the Order has been made and that the new style driving licences should be issued.
Request the Department to revise the fees for driving tests displayed on the website and introduce the charges accordingly.
Written by: | Alan Muir |
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Approved by: | Caroline Anderson, Director of Transport |
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Endorsed by: | |
Attachments:
Checklist Folder from Publications Editor, enclosing Draft Motor Vehicles (Driving Licences)(Amendment No.6)(Jersey) Order 200-.
ASM
23 March 2007