Motor Vehicle Registration (Jersey) Law 1993, Retention of 'Cherished' Vehicle Registration Marks.

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A decision made (11/02/2008) regarding: Motor Vehicle Registration (Jersey) Law 1993, Retention of 'Cherished' Vehicle Registration Marks.

Decision Reference: MD-T-2008-0009
Decision Summary Title :	Motor Vehicle Registration (Jersey) Law 1993 Retention Of Cherished Vehicle Registration Marks		Date of Decision Summary:	31 January 2008
Decision Summary Author:	Alan Muir 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 Vehicle Registration (Jersey) Law 1993 Retention Of Cherished Vehicle Registration Marks		Date of Written Report:	31 January 2008
Written Report Author:	James Sinclair - Deputy Inspector of Motor Traffic		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Motor Vehicle Registration (Jersey) Law 1993 - Retention Of Cherished Vehicle Registration Marks
Decision(s): The Minister:- Confirmed that instructions should be issued to the Law Draftsman to make the necessary amendments to the Motor Vehicle Registration (Jersey) Law 1993 and subordinate legislation to accommodate the retention of cherished registration marks; Agreed that in the interim, where there is not presently another vehicle available to re-assign a cherished registration mark to, the Inspector of Motor Traffic should accept bona fide applications, subject to payment of a charge of £71.80 to cover administration costs, for the Inspector to reserve such cherished registration marks for a maximum period of six months with a view to assigning or causing to be assigned that registration mark to another motor vehicle of which during that period the applicant shall have become the owner.
Reason(s) for Decision: To continue providing a popular and wanted service to members of the public and to maintain sufficient income to the Department’s budget.
Resource Implications: This will ensure that an income in the region of £26,000 per annum is maintained.
Action required: Inspector of Motor Traffic to provide instructions to the Law Draftsman to draft the necessary amendments to the Motor Vehicle Registration (Jersey) Law 1993 and subordinate legislation. Inspector of Motor Traffic to implement an interim process for permitting applicants to retain cherished registration marks.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Motor Vehicle Registration (Jersey) Law 1993, Retention of 'Cherished' Vehicle Registration Marks.

TRANSPORT AND TECHNICAL SERVICES

MOTOR VEHICLE REGISTRATION (JERSEY) LAW 1993

RETENTION OF CHERISHED VEHICLE REGISTRATION MARKS

Purpose of the Report

To seek the agreement of the Minister to:-

Continue to allow residents to retain Jersey registration marks as set out in Article 22(5) of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993;

Re-instate the procedure to allow residents transferring ownership of their vehicle to retain a cherished Jersey registration mark assigned to that vehicle;

Amend the current legislation, where necessary, to accommodate the retention of cherished Jersey registration marks.

Background

It is understood that it has been the practise for many years to allow the keeper of a vehicle to retain a registration mark assigned to the vehicle when the vehicle is to be transferred, scrapped or exported by the keeper. Invariably, the registration mark has four or fewer digits or the sequence of digits is of a special nature to the keeper, hence the term “cherished” registration mark.

The Motor Vehicle Registration (Jersey) Law 1993 came into effect on 01 January 1994. Among other things, this law was intended to make provision for the practise of retaining cherished registration marks. Since the law and supporting Order were brought into effect, it has been the practise to allow a person, upon payment of the prescribed fee:-

who scrapped or exported a motor vehicle, or

who sold or transferred ownership of a motor vehicle,

to retain the registration mark assigned to the vehicle, for a period of up to six months.

In October 2007, when researching an issue concerning the retention of a registration mark and on checking the Motor Vehicle Registration (Jersey) Law 1993 and the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993, it was found that although the Order allowed the practise in i), it was questionable whether the law gave vires to allow this. Furthermore, there did not appear to be any provision for the practise in ii). (Article 7 of the Motor Vehicle Registration (Jersey) Law 1993 and Article 22 of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993, are attached).

In the light of this, the practise of permitting persons transferring or selling vehicles to retain cherished registration marks was suspended pending advice from the Law Officers.

Discussion

On 10 January 2008, the Law Officers advised the Department of a concern that that the principal Law “contains adequate vires for an Order enabling the reservation of registration marks”. The Law Officers’ advice is that if the Minister wishes to provide for the retention of cherished registration marks, “the Law Draftsman be instructed to draft an amendment to the Law accordingly”. There is no provision to amend the Law by Regulations so any amendment to the Law will have to be approved by the States and the Privy Council. It is suggested that instructions are given to the Law Draftsman to make the necessary changes to the legislation. The necessary changes should be fairly straightforward and should not require the allocation of time in the law drafting programme. Nonetheless, due to the process, it will be a number of months before the changes can come into effect.

At present, the practise of allowing retention for up to six months of a registration mark from a vehicle that has been exported or scrapped is continuing.

In view of the advice from the Law Officers, it would seem that there is no proper provision for carrying out the practise of retaining cherished registration marks and so, legally, the Department should cease all activities associated with retaining registration marks. However, retention of registration marks is very popular with the public and a significant source of income for the Department (and States). The current fee to retain a registration mark is £71.80.

The annual income from retentions is estimated as:-

Vehicles declared scrapped or exported.	£5,100
Vehicles sold or transferred to someone else	£20,900
Total income	£26,000

If the facility for retaining cherished registration marks is withdrawn, income will reduce by £26,000 per year, causing severe pressure on the Department’s already inadequate budget. In addition, the public will be denied a service that is clearly popular and wanted.

As long as the person wishing to retain a cherished registration mark has a motor vehicle on the register, it is possible to retain the registration mark. The problems with the current legislation appear to arise when a person wishes to dispose of the vehicle they currently own, which bears the registration mark, by selling, transferring, scrapping or exporting the vehicle. Without another vehicle to re-assign the number to, there does not appear to be a prescribed mechanism whereby the cherished registration mark can be held in stock and subsequently assigned to the next vehicle the person purchases.

For anyone wishing to retain a cherished registration mark, who intends to dispose of the vehicle to which the mark has been assigned, the simplest option seems to be for them to purchase a cheap second vehicle, for example an old moped. The person can then legally transfer the cherished mark to the old moped, be assigned a new registration mark to the vehicle that is to be disposed of and then sell, transfer, scrap or export the vehicle. The person then keeps the old moped until such time as he/she obtains a replacement vehicle and the process can be repeated, transferring the cherished mark from the moped to the replacement vehicle.

This may not be practical for a number of people, particularly dealers or someone taking an extended holiday.

It is suggested that while awaiting the necessary changes to the legislation, the system that has operated to date continues but on the basis that the Inspector will accept bona fide applications in writing to change registration marks and in the circumstances where there is not presently another vehicle available to re-assign the cherished registration mark, the Inspector will undertake to reserve that registration mark for a maximum period of 6 months from the date of receipt of the application with a view to assigning or causing to be assigned that registration mark to another motor vehicle of which during that period the applicant shall have become the owner. To cover the costs of administration, it is suggested that a standard charge of £71.80 is applied. If the cherished registration mark is not assigned to another vehicle which the applicant comes to own within the six month period, the registration mark shall be taken into stock to be assigned as the Inspector sees fit.

Recommendation

The Minister is asked to:-

confirm that instructions should be issued to the Law Draftsman to make the necessary amendments to the Motor Vehicle Registration (Jersey) Law 1993 and subordinate legislation to accommodate the retention of cherished registration marks;

agree that in the interim, where there is not presently another vehicle available to re-assign a cherished registration mark to, the Inspector of Motor Traffic should accept bona fide applications, subject to payment of a charge of £71.80 to cover administration costs, for the Inspector to reserve such cherished registration marks for a maximum period of six months with a view to assigning or causing to be assigned that registration mark to another motor vehicle of which during that period the applicant shall have become the owner.

Reason(s) for Decision

To continue providing a popular and wanted service to members of the public.
To maintain sufficient income to the Department’s budget.

Action Required

Inspector of Motor Traffic to provide instructions to the Law Draftsman to draft the necessary amendments to the Motor Vehicle Registration (Jersey) Law 1993 and subordinate legislation.

Inspector of Motor Traffic to implement an interim process for permitting applicants to retain cherished registration marks.

Written by:	James Sinclair, Deputy Inspector of Motor Traffic

Approved by:	Caroline Anderson, Director of Transport

Attachments: Article 7 of the Motor Vehicle Registration (Jersey) Law 1993.

Article 22 of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993.

30 January 2008

Ref. REGI/LE/JBS
Article 7 of the Motor Vehicle Registration (Jersey) Law 1993.

Orders in relation to registration

The Minister may by Order make provision with respect to the registration of motor vehicles and, in particular, but without prejudice to the generality of the foregoing –

(a) records to be compiled and maintained by the Inspector in respect of the registration of motor vehicles;

(b) eligibility of motor vehicles for registration;

(c) forms of application for registration of motor vehicles, particulars required to be furnished in connection with them and evidence of insurance being in force in respect of third-party risks in relation to their use;

(d) fees payable on applications for the registration of motor vehicles;

(e) assignment of registration marks;

(f) notification to the Inspector within a prescribed period and in a prescribed manner of –

(i) any alteration to a registered motor vehicle or to its use,

(ii) any change of address of the owner of a registered motor vehicle,

(iii) any change of ownership of a registered motor vehicle,

(iv) the permanent removal from Jersey, breaking up or destruction of a registered motor vehicle,

(v) an insurance write off of a registered motor vehicle;

(g) inspection of motor vehicles to establish eligibility for registration or to verify particulars stated in any application, notification or registration document and production of motor vehicles for inspection;

(h) verification of particulars entered in the register and the monitoring of their continuing accuracy;

(i) amendment of the register by the correction of incorrect particulars, completion of incomplete particulars and insertion of particulars which have been omitted;

(j) forms of registration documents, particulars to be entered on them, issue and surrender of registration documents and correction or replacement of incorrect or incomplete registration documents;

(k) issue of registration documents in replacement of registration documents which may be lost, stolen, destroyed, damaged or become illegible, and fees to be paid on issue of replacement documents;

(l) production to and inspection by prescribed persons of registration documents;

(m) making any particulars contained in the register available in prescribed circumstances for use by prescribed persons;

(n) size, shape and character of the registration marks to be fixed on any vehicle, and the manner in which those marks are to be displayed and rendered distinguishable, whether by night or by day; and

(o) the manner in which on the application of –

(i) the owner of a motor vehicle, a registration mark may be assigned to the vehicle in replacement of a mark previously assigned to it, or

(ii) the owner or owners of 2 or more motor vehicles, the registration marks previously assigned to the vehicles respectively may be exchanged between them,

and for the fee or fees to be paid in such cases.

Article 22 of the Motor Vehicle Registration (General Provisions)(Jersey) Order 1993.

22 Replacement and exchange of registration marks

(1) Upon the receipt by the Inspector of –

(a) an application in writing made by the owner of a registered motor vehicle for the replacement of a registration mark previously assigned to the vehicle;

(b) the registration document last issued in respect of the vehicle; and

the Inspector may, if the Inspector sees fit, assign or cause to be assigned to the vehicle another registration mark in replacement of that previously assigned and in that case the Inspector shall –

(i) amend the register accordingly; and

(ii) issue to the owner a registration document in respect of the vehicle recording its new registration mark.[24]

(2) Upon the receipt by the Inspector of –

(a) an application or applications in writing made by the owner or owners of 2 or more registered motor vehicles for the exchange between the vehicles of the registration marks previously assigned to the vehicles respectively;

(b) the registration document last issued in respect of each of the vehicles; and

the Inspector may, if the Inspector sees fit, assign or cause to be assigned to the vehicles respectively registration marks in accordance with the scheme of exchange applied for in replacement of those respectively previously assigned and in that case the Inspector shall –

(i) amend the register accordingly; and

(ii) issue to the owner of each of the vehicles a registration document in respect of the vehicle recording its new registration mark.[25]

(3) Upon the receipt by the Inspector of an application pursuant to Article 5 for the registration of a motor vehicle which is accompanied by –

(a) an application in writing by the owner of that vehicle for the assignment to it of the registration mark previously assigned to another motor vehicle of which the applicant is also the owner;

(b) the registration document last issued in respect of the second mentioned vehicle; and

the Inspector may, if the Inspector sees fit, on registration of the first mentioned vehicle, assign or cause to be assigned –

(i) to the first mentioned vehicle, the registration mark previously assigned to the second mentioned vehicle; and

(ii) to the second mentioned vehicle, another registration mark,

and in that case the Inspector shall, as to the second mentioned vehicle, amend the register accordingly and issue to the owner a registration document recording its new registration mark.[26]

(4) Upon receipt by the Inspector of an application pursuant to Article 7 with respect to the alteration of the use of a vehicle –

(a) where the vehicle is to be used exclusively as a hire vehicle the Inspector shall re-assign the registration mark assigned to the vehicle so as to include the distinguishing mark referred to in Article 20(1)(a); or

(b) where the vehicle is no longer to be used exclusively as a hire vehicle the Inspector shall re-assign the registration mark assigned to the vehicle so as to remove the distinguishing mark referred to in Article 20(1)(a),

and in each case the Inspector shall amend the register accordingly and issue to the owner of the vehicle a registration document in respect of the vehicle recording its new registration mark.[27]

(5) Upon the receipt by the Inspector of a notification pursuant to Article 9 of the permanent removal from Jersey, breaking up or destruction of a registered motor vehicle which is accompanied by –

(a) an application in writing by the owner of that vehicle for the reservation of the registration mark previously assigned to that vehicle; and

(b) a fee of £71.80,

the Inspector may, if he or she sees fit, reserve that registration mark for a period of 6 months from the date of receipt of the notification with a view to assigning or causing to be assigned that registration mark to another motor vehicle of which during that period the applicant shall have become the owner.