Motor Vehicles (Wearing of Seat Belts by Adults) (Jersey) Order 2009.

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A decision made (20/03/2009) regarding: Motor Vehicles (Wearing of Seat Belts by Adults) (Jersey) Order 2009.

Decision Reference: MD-T-2009-0027
Decision Summary Title :	Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009		Date of Decision Summary:	27 February 2009
Decision Summary Author:	Head of DVS & Inspector of Motor Traffic		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009		Date of Written Report:	27 February 2009
Written Report Author:	Head of DVS & Inspector of Motor Traffic		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009.
Decision(s): The Minister made the Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009.
Reason(s) for Decision: To make the Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009 which will make it a legal requirement for persons aged 14 and older to wear a seat belt when travelling in small passenger vehicles, small goods vehicles and minibuses. To give effect to the first part of the proposal approved by the States in March 2008 – the final element covering children under the age of 14 is being drafted by the Law Draftsman. Introducing the Order will improve road safety in Jersey.
Resource Implications: A grant to the Road Safety Panel from the Community Safety Fund will pay the costs for publicising changes to the seat belt legislation. There should be no further outlay in resources for the States. Savings should be made, however, in fewer and less severe injuries arising from crashes, resulting in lower treatment and after-care costs.
Action required: Notify the Greffier of the States and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Publications Editor, States Greffe, for notification to the States.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Motor Vehicles (Wearing of Seat Belts by Adults) (Jersey) Order 2009.

TRANSPORT AND TECHNICAL SERVICES

MOTOR VEHICLES (WEARING OF SEAT BELTS BY ADULTS)

(JERSEY) ORDER 2009

Purpose of the Report

To consider the Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009, which will require persons aged 14 and over to wear a seat belt when travelling in cars, light goods vehicles and minibuses.

Background

The States on 13 March 2008 approved Proposition 27/2008:

(a) to agree that appropriate legislation should be introduced to require the wearing of rear seat belts in vehicles;

(b) to agree that appropriate legislation should be introduced to require the use of child seats or booster seats for children under certain sizes, to ensure effective restraint of vehicle occupants who might not otherwise be appropriately restrained by seat belts alone; and

(c) to request the Minister for Transport and Technical Services to make the necessary Orders under the Road Traffic (Jersey) Law 1956 to give effect to the proposals.

This draft Order when made will give effect to proposal (a). The Law Draftsman is continuing to develop legislation that will give effect to proposal (b).

Discussion

The Law Draftsman was asked to prepare the necessary changes to the Order on the basis of a brief provided by the Department.

The Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009 is attached for the Minister to make the Order. Making the Order will:-

1. Explain terms used in the Order;

2. Make it a requirement for any person who is 14 years of age or older to wear a seat belt when travelling in a small passenger vehicle, small goods vehicle or minibus;

3. Exempt certain persons who are 14 years of age or older from the requirement to wear a seat belt, in certain circumstances;

4. Exempt persons who are 14 years of age or older from the requirement to wear a seat belt where the vehicle in which the person is travelling is not required to have seat belts fitted and none are fitted;

5. Exempt persons who are 14 years of age or older from the requirement to wear a seat belt where seat belts are fitted to the vehicle but none are available to the person because all seats with seat belts are occupied by other persons wearing the seat belts or the seat belt has a child restraint or disabled person’s belt fitted to the seat or seat belt, which cannot be readily removed.

The Order will come into effect 14 days after it is made.

It is already a requirement to wear a seat belt when travelling in the front seats of cars, light goods vehicles and minibuses. Making the Order will bring Jersey into line with elsewhere in Europe where persons aged 14 and older must wear a seat belt when travelling in either the front or rear of a vehicle. It has been shown that wearing a seat belt reduces the likelihood of death or injury for those travelling in a vehicle, if the vehicle is involved in a crash. Introducing the Order will improve road safety in Jersey.

The fine for anyone convicted for not wearing a seat belt is £50.

The Road Safety Panel has agreed to organise publicity for introducing the requirement to wear seat belts when travelling in the rear of vehicles. The publicity will include radio, newspaper, poster, website and banner campaigns. Funding for the publicity campaign has been granted from the Community Safety Fund.

Recommendation

The Minister is recommended to make the Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009.

Reason(s) for Decision

To make the Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009 which will make it a legal requirement for persons aged 14 and older to wear a seat belt when travelling in small passenger vehicles, small goods vehicles and minibuses.
To give effect to the first part of the proposal approved by the States in March 2008 – the final element covering children under the age of 14 is being drafted by the Law Draftsman.
Introducing the Order will improve road safety in Jersey.

Action Required

Notify the Greffier of the States and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Publications Editor, States Greffe, for notification to the States.

Written by:	Alan Muir

Approved by:	Caroline Anderson, Director of Transport

Attachments:	Motor Vehicles (Wearing Of Seat Belts By Adults) (Jersey) Order 2009.

ASM

27 February 2009