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Motor Traffic (Third Party Insurance) (Jersey) Order 1961: Amendment: Law drafting instructions

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A decision made 2 March 2015:

Decision Reference:  MD-T-2015-0014

Decision Summary Title :

Amendments to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961

Date of Decision Summary:

20 February 2015

Decision Summary Author:

 

Team Leader

Registration

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Amendments to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961

Date of Written Report:

20 February 2015

Written Report Author:

Team Leader Registration

Written Report :

Public or Exempt?

 

Public

Subject:  Amendments to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961

Decision(s):  The Minister:-

(i) Agreed the proposed changes to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961;

 

(ii) Asked the Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the Order which would put these changes into effect.

 

Reason(s) for Decision:   To approve Law Drafting instructions to be issued to enable the necessary changes to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961 to allow customers the ability to print their own temporary window insurance discs when purchasing a motor insurance policy on line.

 

Resource Implications:  There are no resource implications for TTS. 

 

Action required:  Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the legislation that would put these changes into effect.

 

Signature:

 

 

Position:

Minister for Transport and Technical Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Motor Traffic (Third Party Insurance) (Jersey) Order 1961: Amendment: Law drafting instructions

TRANSPORT AND TECHNICAL SERVICES

 

DVS UNIT

 

AMENDMENTS TO THE MOTOR TRAFFIC (THIRD-PARTY INSURANCE)

 

(JERSEY) ORDER 1961

 

 

Purpose of the report:

 

To gain the approval of the Minister for Transport and Technical Services for changes to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961 which will provide customers with the ability to print their own temporary window insurance discs when purchasing a motor insurance policy online.

 

 

Discussion:

 

It is a requirement under Article 6(4) of the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948 that “at all times when a motor vehicle is being used or kept on a road, there shall be displayed on the vehicle in the prescribed manner an insurance disc”.

 

There are a number of motor insurance companies and agents offering online services to the motoring public.  At present, a customer who has purchased an online motor insurance policy can sometimes find themselves in a position where they cannot use their vehicle, as they do not have immediate access to a temporary insurance disc to display.

 

This situation could be avoided if insurance companies and agents were able to provide their customers with an electronic version of the temporary insurance disc for them to print out, at home, and display on their vehicle. This would give the customer immediate access to the temporary disc and allow them to use their vehicle whilst they await the arrival of the permanent disc.

 

The legislation, as it stands, does not accommodate the ‘self-printing’ of temporary window insurance discs. However, it appears that only a few minor amendments to the Order would be required to allow policy holders to legitimately print their own temporary insurance discs using home printing facilities.

 

Article 6 of the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961 states:

 

“(1)  Every insurance disc issued under Article 6 of the Law shall –

 

(a)    be printed in black on paper of a colour approved, and which may be varied from time to time, by the Minister; and

 

(b) bear a security number individual to itself printed on it by its manufacturer.

 

(2)  The colour of the paper on which an insurance disc is printed and the ink used in printing it shall be resistant against fading in direct sunlight.”

 

The exact wording and layout would be a matter for the Law Draftsman, but we would suggest that the amendments to Article 6 of the Order would remove the need for temporary insurance discs to be printed using fade resistant paper and ink and whilst it will still require a unique security number, it will not have to be printed on it by the discs manufacturer.

 

1)     At the beginning of paragraph 1 add “Except in the case of a temporary insurance disc”.

 

2)     In paragraph 1(b) delete “printed on it by its manufacturer”.

 

3)     In either paragraph 5 or the Schedule, provision be made for the authorized insurer or agent to complete the temporary disc and issue it securely, in an electronic format, for the policy holder to then print in black ink on white paper.

 

Amendments to similar legislation in Guernsey were made in 2012 and the supply of electronic temporary insurance discs by insurance companies, for the client to home print, is now common practice there.

 

 

Recommendation:

 

The Minister is recommended to:-

 

i)                    Agree to the proposed amendments to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961.

 

ii)                  Ask the Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the Order which would put these changes into effect.

 

 

Reason(s) for decision:

 

To approve Law Drafting instructions to be issued to enable the necessary changes to the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961 to allow customers the ability to print their own temporary window insurance discs when purchasing a motor insurance policy on line.

 

 

Resource implications:

 

There are no resource implications for TTS.

 

 

Action required:

 

Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the legislation which would put these changes into effect.

 

 

Written by:  Team Leader - Registration

 

Approved by: Head of Driver and Vehicle Standards – Inspector of Motor Traffic

 

Endorsed by: Director of Transport

 

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