TRANSPORT AND TECHNICAL SERVICES
OPERATION OF AMPHIBIOUS VEHICLES TO JERSEY HERITAGE SITES
Purpose of the Report
To consider a request from Pure Adventure Jersey Limited to operate amphibious vehicles on routes to Jersey Heritage sites, including Elizabeth Castle.
Background
Jersey Heritage has awarded a 10 year contract to Pure Adventure Jersey Limited, primarily to operate an amphibious vehicle service between West Park and Elizabeth Castle. Jersey Heritage and Pure Adventure are keen that the new vehicles, which will replace the “Puddle Ducks” DUKWS that have been a familiar sight in Jersey for many years, will operate the concession to Elizabeth Castle and can be used to develop other visitor opportunities and links to other sites.
Discussion
Vehicles
The vehicles that Pure Adventure intends to use are built in the USA and are a high specification amphibious coach. (Photographs of the vehicle will be available at the presentation of the report). The vehicle is 9 metres long and 2.5 metres wide and capable of carrying 36 passengers. Being 2.5 metres wide, the vehicle is wider than the maximum allowed (2.3m) for normal circulation in the Island. To circulate on the public road, the vehicle requires an exemption permit (P30) under Article 78 of the Road Traffic (Jersey) Law 1956. An exemption permit, which is granted by the Inspector of Motor Traffic, normally has conditions attached to the permit which will restrict the roads and times of operation that the vehicle can operate on. In addition, to operate as a public service vehicle, the vehicle should have a licence granted under Article 9 of the Motor Traffic (Jersey) Law 1935. A pre-cursor to award of a licence is that the vehicle has an appropriate certificate of fitness which normally means complying with the requirements of the Motor Traffic (Public Service Vehicles (Conditions of Fitness))(Jersey) Order 2003. This licence, which is granted by the Minister, would also normally have conditions set out in the licence which, in the Minister’s opinion, “are necessary or desirable to ensure the proper operation of the vehicle and the public service to be provided”. Pure Adventure intends to operate two vehicles.
The Motor Traffic (Public Service Vehicles (Conditions of Fitness))(Jersey) Order 2003 sets out the basic requirements for taxicabs, omnibuses and char-a-bancs to provide for the comfort and safety of passengers using these vehicles. A basic requirement is that the driver’s seat is on the right of the vehicle and in such a position that the driver when seated can give the appropriate hand signals on the off-side of the vehicle ie it is a right-hand drive vehicle. The driver position in the amphibious vehicle which it is proposed to use, has the driver sitting in the middle of the vehicle. Being an amphibious vehicle, the passenger deck is also higher above the road than a normal bus/coach and so the entrance arrangement is different to the norm. These factors mean that the amphibious coach could not meet the requirements of the Motor Traffic (Public Service Vehicles (Conditions of Fitness))(Jersey) Order 2003.
However, there has been a precedent for exempting a public service vehicle from these requirements – the road train. When first proposed for use as a visitor facility in the Island, special arrangements had to be put in place that would allow the vehicle to be used on the road and provide a char-a-banc service. This entailed defining the road train in the Order, exempting the road train from the requirements that the driver sits on the right and from aspects of the requirements for char-a-bancs, without compromising safety. Similar exemptions would have to be put in place for the amphibious coach if it were to be allowed to circulate on the road carrying paying passengers.
The Department would have to provide instructions for the Law Draftsman to prepare an amendment to the Motor Traffic (Public Service Vehicles (Conditions of Fitness))(Jersey) Order 2003 to allow an amphibious coach to operate on the Island’s roads.
[While it would be necessary to obtain a legal opinion, it is the view of the Head of Driver and Vehicle Standards that the DUKWS, which previously operated the Elizabeth Castle route on a char-a-banc licence, should not have qualified for such a licence as the vehicles used could not have complied with the requirements of the Motor Traffic (Public Service Vehicles (Conditions of Fitness))(Jersey) Order 2003. A pre-requisite for the grant of a char-a-banc licence is “that an appropriate certificate of fitness is in force in respect of the vehicle”.]
The use and safety of the vehicles on the sea is the responsibility of the Harbours Department and the Minister for Economic Development. (It is understood that the "grandfather" rights which allowed the existing DUKWS formerly used on the Elizabeth Castle route to continue to operate despite significant advances in marine safety, are due to run out in 2 years time. So continuing to use the DUKWS to service Elizabeth Castle for the next 10 years is not an option.)
Similarly, the Minister for Economic Development may need to give permission for the vehicles to be used on any beach.
Routes
The principal operational route remains West Park to Elizabeth Castle. However, while it is understood the proposed amphibious coaches can operate in rougher seas and worse weather than the DUKWS, Pure Adventure and Jersey Heritage are keen that visitors are offered alternative experiences when access to Elizabeth Castle is difficult. In addition, Pure Adventure believes that there is a need to cater for visitors all year round and would like to offer additional routes that could only be provided by a vehicle such as the amphibious coach.
Details of the vehicle’s turning circle have been provided and it would appear that the vehicle could negotiate junctions in a similar manner to existing buses and other large vehicles. Drivers will have to be trained in the use of the vehicle for both road and marine use.
Details of the proposed routes are attached as Appendix 1. The proposed routes are:-
Route 1 – West Park Slipway to Elizabeth Castle
Route 2 – West Park Slipway to Hamptonne
Route 3 – West Park Slipway to La Hougue Bie and Mont Orgueil
Route 4 – West Park Slipway to St Aubin’s Harbour
Route 5 – West Park Slipway to Bouley Bay/Bonne Nuit Bay
Route 6 – Gorey Harbour to Anne Port
Route 7 – Hotel pick-up service.
Route 1 has been operated for many years and does not involve significant road use. This is understood to be the route that Pure Adventure is contractually bound to serve, seven days a week from 31st March to 4th November between 10am and 6pm.
Routes 2 and 3 it is understood would tend to be alternatives should Elizabeth Castle be inaccessible. The main roads to Hamptonne are narrow in parts and gaining access via the parish roads could prove problematic. Coaches and more recently wider buses have travelled the La Hougue Bie/Mont Orgeuil Route for a number of years. Both routes would require Pure Adventure to carry out further investigation to prove the route is accessible and determining suitable points for passengers to disembark.
Routes 4, 5 and 6 are expected to operate outside the dates of the contract with Jersey Heritage. These would be new experiences for visitors, including part of the route being on water or at low tide, along the beach. It is not envisaged that there would be significant difficulties on the St Aubin route although care would be required in the areas of on-road parking. The other routes would again need to be proved. (There is also the matter of positioning the vehicle at Gorey and which route it would use to get there).
Route 7 has not been detailed albeit discussions seem to have focussed on hotels around the Ring Road. Pure Adventure has been advised that there is a blanket ban on char-a-bancs operating within the Ring Road and that permission would be required from the Constable should access be required. Pure Adventure has also been told that all passengers would have to be picked up “off road” and that it would not be acceptable to pick up from the roadside due to the nature of the access to the vehicle and the inconvenience this would cause to pedestrians and other road-users.
Recommendation
It is recommended that the Minister:-
1. agrees the principle that it is in the public interest to allow this specialist vehicle to operate on approved routes on the Island’s roads (the exemption permit would be subject to restrictions in respect of routes that the vehicle could operate on and times of operation);
2. asks the Law Draftsman to draft an amendment to the Motor Traffic (Public Service Vehicles (Conditions of Fitness))(Jersey) Order 2003 which would allow such a vehicle to operate as a public service vehicle on approved routes on the Island’s roads, based on instructions prepared by the Department;
3. subject to the amendment to the Order being made and to Pure Adventure presenting suitable vehicles for inspection and obtaining Certificates of Fitness, grant licences to Pure Adventure to provide transport services between West Park and Elizabeth Castle for visitors to the castle;
4. accepts the principle of Pure Adventure operating Routes 2, 3, 4, 5, 6 and 7 subject to Pure Adventure submitting further details of each route being proved and suitable facilities for disembarking passengers being available.
Reason(s) for Decision
To permit Pure Adventure Jersey Limited and Jersey Heritage to provide transport services for visitors to Elizabeth Castle.
To allow Pure Adventure Jersey Limited and Jersey Heritage to develop further services for visitors to heritage sites in Jersey.
To permit Pure Adventure Jersey Limited to develop further visitor experiences in Jersey.
Action Required
- Notify Pure Adventure Jersey Limited, Jersey Heritage and the Minister for Economic Development of the decision(s).
- Prepare drafting instructions to amend the Motor Traffic (Public Service Vehicles (Conditions of Fitness))(Jersey) Order 2003.
Written by: | Alan Muir |
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Approved by: | Caroline Anderson, Director of Transport |
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Endorsed by: | |
Attachments:
Appendix 1 – Pure Adventure’s formal application including details of routes.
ASM
15 February 2007
gov.je