Motor Vehicle (Driving Licences) Jersey Order 2003 and Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made 23 March 2017:

Decision Reference: MD-T-2017-0025
Decision Summary Title :	To change motor cycle licence categories to include category “B1” motor tricycle. To set the validity of C.B.T. and Driver Theory Test certificates to two years and to require tricycle riders and passengers to wear protective helmets.		Date of Decision Summary:	15 March 2017
Decision Summary Author:	Senior Traffic Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	To change motor cycle licence categories to include category “B1” motor tricycle. To set the validity of C.B.T. and Driver Theory Test certificates to two years and to require tricycle riders and passengers to wear protective helmets.		Date of Written Report:	15 March 2017
Written Report Author:	Senior Traffic Officer		Written Report : Public or Exempt?	Public
Subject: Changes to Article 1(2) and 10 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to include motor tricycles in current motorcycle licence categories, Article 14 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to set the validity of Jersey C.B.T. and theory test certificates to two years, and Article 1 of the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004 to include the wearing of protective helmets for tricycle riders and passengers.
Decision(s): The Minister agreed changes to Article 1(2) and 10 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to include motor tricycles in current motorcycle licence categories. The Minister agreed changes to Article 14 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to set the validity of Jersey C.B.T. and theory test certificates to two years. The Minister agreed to changes to Article 1 of the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004 to include the wearing of protective helmets for tricycle riders and passengers.
Reason(s) for Decision: To enable disabled motorcycle riders, who are medically unable to ride a motor cycle or drive a car, to obtain a provisional licence to ride a motor tricycle and sit the prescribed theory and practical tests. To bring the validity of Jersey C.B.T. and Driver Theory Test certificates in to line with the UK. In the interest of road safety to ensure that all riders and passengers of motor tricycles wear motor cycle helmets.
Resource Implications: Motor tricycle C.B.T. will have to be introduced. The off road part of the heavy motorcycle test will have to be changed to accommodate tricycles and an on road practical test for tricycles will have to be introduced.
Action required: The Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the legislation to put these changes into effect.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Motor Vehicle (Driving Licences) Jersey Order 2003: Amendment: Law drafting instructions

DEPARTMENT FOR INFRASTRUCTURE

MOTOR VEHICLES (DRIVING LICENCES) (JERSEY) ORDER 2003

AND

ROAD TRAFFIC (MOTOR CYCLE HELMETS) (JERSEY) ORDER 2004

CHANGES TO CATEGORY “A1” and “A” MOTORCYCLE LICENCES TO INCLUDE MOTOR TRICYCLE AND FOR MOTOR TRICYCLE RIDERS AND PASSENGERS TO WEAR PROTECTIVE HELMETS.

CHANGES TO THE VALIDITY OF JERSEY C.B.T. AND DRIVER THEORY TEST CERTIFICATES TO BE VALID FOR 2 YEARS ONLY.

PURPOSE OF THE REPORT

To seek the support of the Minister for the Department for Infrastructure to agree changes to the Motor Vehicles (Driving Licences) (Jersey) Order 2003 for motorcycle driving licence categories “A1” and “A” to include motor tricycles and remove category “B1” from category “B” (car licence) and to agree changes to Article 1 of the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004 to include the wearing of protective helmets by all trike riders and passengers.

BACKGROUND

As a result of modern medical procedures and technology, many more people are surviving motorcycle crashes, however as a result, there is an increase in disabled motorcycle riders. Certain disabilities are such that they may no longer be able to ride a motorcycle or drive a car, but would be perfectly able to ride a motor tricycle.

Driver and Vehicle Standards have recently been approached by a gentleman who has been disabled as a result of a motorcycle road traffic crash. Due to the nature of his injuries, he is no longer able to ride a motorcycle. He has always been a bike rider and has never held a car licence. In order to remain mobile the gentleman could ride an adapted motor tricycle. The category of driving licence for motor tricycle in Jersey is “B1” which is a sub category of the category “B” car licence. There is a possibility that the gentleman could learn to drive in a car adapted for a disabled person however, the cost of adapting a vehicle to suit his needs would be extremely high, especially as he does not wish to continue driving a car. It also has to be taken into consideration that most disabled adapted cars have automatic transmission, which means the gent would only be issued with an “auto only” licence. Automatic trikes are heavier than the maximum allowed in Jersey.

Change of UK Law

On 1st January 2013, the laws in the UK changed to include motor tricycles under the motorcycle licence category, whereas before it was covered by Cat B1 which is a sub-category of “B” (car licence)

Persons with a full motorcycle licence (Cat A) or a full car licence that precedes 1st January 2013 (sub-category B1 on their licence) can ride a trike. If they do not have either of these they must complete the UK C.B.T. the motorcycle theory test and a full motorcycle test, unless they are disabled. After January 2013, disabled riders are the only people who are allowed to take a motor tricycle C.B.T. and motor tricycle practical test.

Restrictions apply. e.g., persons who have a licence for automatic can only ride an automatic trike. Persons who have a restricted motorcycle licence would be restricted in accordance with UK motor cycle Laws.

Able-bodied riders who ride on “L” plates have to complete a motorcycle (not trike) C.B.T. to stay on the road legally.

The classification of a motor tricycle denotes which driving licence is required.

Motorcycles

Category A1

A light motor cycle with:

An engine size up to 125cc
A power output not exceeding 11kW
A power to weight ratio not more than 0.1kW/kg

This category also includes motor tricycles with a power output up to 15kW

Category A:

Motorcycles with a power output more than 35kW or
A power to weight ratio more than 0.2kW/kg
Motor tricycles with a power output more than 15kW

Able-bodied drivers can no longer ride motor tricycles with a provisional category “B” licence.

DISCUSSION

1.1 It is proposed, if the Minister agrees, to make changes to the Motor Vehicles (Driving Licences) (Jersey) Order 2003 Articles 1(2) and 10, from a pre-determined date, for motor tricycles to be part of the “A1” and “A” motorcycle categories and scrap category “B1” from category “B” (car licence). Provisional licences for trike will only be issued to disabled riders.

1.2 A medical form/letter signed by their medical practitioner, stating that they are unable to drive a car or ride a motorcycle must be submitted with their provisional licence application.

1.3 As from the pre-determined date, persons with a full motorcycle licence (Cat A) or a full car licence that precedes the pre-determined date (sub-category B1 on their car licence) will be able to ride a trike. If they do not have either of these licences, they must complete the Jersey motorcycle Compulsory Basic Training (C.B.T.) the motorcycle theory test and a full motorcycle practical test.

1.4 Jersey does not have motor tricycle C.B.T. or a motor tricycle practical test, these will have to be introduced. Disabled riders, after the pre-determined date, will be the only people able to obtain a provisional licence for a trike and will be the only persons allowed to take a motor tricycle C.B.T. and a motor tricycle practical test.

Prescribed Test

1.5 It is intended that the prescribed practical test for motor tricycles will be adapted from the heavy motorcycle test to suit trikes; i.e. less cones for the off road part of the test to allow the trikes to manoeuvre. The test will be conducted in the same way as a motorcycle test; i.e. the examiner will follow the rider in a car or on a motorcycle and give directions via a radio link.

C.B.T.

1.6 Article 13(2) Motor Vehicles (Driving Licences) (Jersey) Order 2003 Compulsory Basic Training (C.B.T.) will also have to be amended to accommodate trikes.

1.7 In order to come into line with the UK, It is recommended that all Jersey C.B.T. and Driver Theory Test certificates should be valid for a period of 2 years only. A new paragraph (3) should be added to Article 14 of the Motor Vehicles (Driving Licences) Jersey Order to accommodate this change.

Motor Cycle Helmets

1.8 It is recommended that changes to Article 1 of the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004 are made to include the wearing of protective helmets by all trike riders and passengers.

Recommendation

The Minister is asked to:

Agree to make changes to the Motor Vehicles (Driving Licences) (Jersey) Order 2003 Articles 1(2) and 10, from a pre-determined date, for motor tricycles to be part of the “A1” and “A” motorcycle categories and scrap sub category “B1” from category “B” (car licence)

Agree to make changes to Article 13(2) of the Motor Vehicles (Driving Licences) (Jersey) Order 2003 to accommodate trikes.

Agree to have a new paragraph (3) added to Article 14 of the Motor Vehicles (Driving Licences) Jersey Order 2003 for all Jersey C.B.T. and Driver Theory Test certificates to be valid for a period of 2 years only.

Agree to changes to Article 1 of the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004 to include the wearing of protective helmets for trike riders and passengers.

Reason for Decision

To enable disabled motorcycle riders, who are medically unable to ride a motor cycle or drive a car, to obtain a provisional licence to ride a motor tricycle and sit the prescribed theory and practical tests.

To bring the validity of Jersey C.B.T. and Driver Theory Test certificates in to line with the UK.

In the interest of road safety, to ensure that all riders and passengers of motor tricycles wear motor cycle helmets.

Action Required:

Head of DVS to inform the law draftsmen of the minister’s decision and draft the necessary law drafting instructions.

New Licence Categories

Changes to the Jersey driving licence categories will be the following:

Class or description of vehicles included in the category	Category	Additional categories authorised
Light motorcycle with or without side car and a Motor tricycle with an unladen weight not exceeding 500 kg and a maximum design speed exceeding 50 kph, but excluding a vehicle included in category K	A1	P
Heavy motorcycle with or without side car and a Motor tricycle with an unladen weight not exceeding 500 kg and a maximum design speed exceeding 50 kph, but excluding a vehicle included in category K	A	A1 and P
Motor vehicle with a maximum authorized mass not exceeding 3.5 tonnes and with not more than 8 seats in addition to the driver’s seat, not included in any other category and including such a vehicle drawing a trailer with a maximum authorized mass not exceeding 750 kg	B	F and K

Note: Jersey does not allow heavy motor tricycles and there is no intention to include them.

Written by: Senior Traffic Officer.

Approved by: Director of Transport.