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Road Traffic (Public Parking Places) (Jersey) Order 2006 and 12 Parish Road Traffic Orders: Amendments

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A decision made 4 July 2014:

Decision Reference:    MD-T-2014-0064

Decision Summary Title :

Amendment to Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders

Date of Decision Summary:

26 June 2014

Decision Summary Author:

 

Assistant Manager Parking Control

Decision Summary:

Public or Exempt?

 

 Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Amendment to Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders

Date of Written Report:

26 June 2014

Written Report Author:

Assistant Manager Parking Control

Written Report :

Public or Exempt?

Public

Subject:  Amendment to Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders

 

Decision(s): The Minister authorised amendments to the Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders.

 

Reason(s) for Decision: To introduce new offences prohibiting a vehicle which is for the time being offered, exposed or advertised for sale in the course of a “motor trading business” being parked in a parking place.

 

Resource Implications: Law Drafting time

 

Action Required: Officers to instruct the Law Draftsman to prepare the necessary Amendments to the Road Traffic (Public Parking Places) (Jersey) Order 2006 and the 12 Parish Road Traffic Orders for subsequent submission to the Minister.

 

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Road Traffic (Public Parking Places) (Jersey) Order 2006 and 12 Parish Road Traffic Orders: Amendments

TRANSPORT AND TECHNICAL SERVICES

 

AMENDMENT TO ROAD TRAFFIC (PUBLIC PARKING PLACES) (JERSEY)

 

ORDER 2006 AND TO ALL 12 PARISH ROAD TRAFFIC ORDERS

 

 

Purpose of the Report

 

To introduce new offences which will prohibit anyone carrying out a motor trader or car sales business from using public parking facilities to store their trading stock of vehicles in designated parking areas in public car parks and on street parking areas.

 

 

Background

 

A problem has been highlighted where a motor trader has been using car parks administered by Transport and Technical Services and also on street parking areas in St Martin to store vehicles they have for sale. The matter has been raised in the public domain through the local media.

 

After discussions with the Legal Advisors at Police Headquarters there are no current offences which will adequately deal with this problem in the Road Traffic (Public Parking Places) (Jersey) Order 2006, the Policing of Roads (Jersey) Regulations 1959 or any of the 12 Parish Road Traffic Orders.

 

A solution has been proposed to introduce a new (strict liability) offence aimed at prohibiting a vehicle which is for the time being offered, exposed or advertised for sale in the course of a “motor trading business” being parked in a parking place with the associated definitions to compliment this in the Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders with a provision that any person who contravenes the new offence be liable to a fine not exceeding level 2 on the standard scale. It is also proposed to introduce a penalty provision providing for further fines for each day on which the contravention is continued with the same fine provision. Liability for these offences would rest with the person who owns the “motor trading business” and where that person is a body corporate, its directors will be liable to a fine personally.

 

The Minister for Transport and Technical Services is authorised to make the necessary Amendment under Article 64 of the Road Traffic (Jersey) Law 1956 in respect of designated parking places having been designated under Article 63 of the Road Traffic (Jersey) Law 1956.

 

The Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders are administered by the Transport and Technical Services Department.

 

 

 

 

 

Discussion

 

Officers support the introduction of the new offences above. Policing will be carried out by Transport and Technical Services Parking Control Section and the 12 Parishes’ Honorary Police as appropriate.

 

 

Recommendations

 

The Minister is recommended to approve the addition of the new offences and to instruct Officers to instruct the Law Draftsman to prepare Amendments to the Road Traffic (Public Parking Places) (Jersey) Order 2006 and the 12 Parish Road Traffic Orders to incorporate this.

 

 

Reason(s) for Decision

 

To enable the addition of the two new offences prohibiting anyone from using a designated parking place to park vehicles exposed, offered or advertised for sale in the course of a motor trading business.

 

 

Resource implication

 

Law Drafting time.

 

 

Action Required

 

Officers to instruct the Law Draftsman to prepare the necessary Amendments to the Road Traffic (Public Parking Places) (Jersey) Order 2006 and the 12 Parish Road Traffic Orders for subsequent submission to the Minister.

 

 

 

 

Written by:  Assistant Manager Parking Control

 

Approved by:  Director of Transport

 

 

 

 

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