Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2011

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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A decision made 14 October 2011 regarding:

Decision Reference: MD-T-2011-0105
Decision Summary Title :	Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2011~~’’’~~		Date of Decision Summary:	13 October 2011
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 (Driving Licences) (Amendment No. 12) (Jersey) Order 2011		Date of Written Report:	13 October 2011
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 (Driving Licences) (Amendment No. 12) (Jersey) Order 2011
Decision(s): The Minister made the Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2011 which will amend certain matters relating to granting driving licences.
Reason(s) for Decision: To align the requirements for granting vocational provisional licences to drive large goods vehicles and large passenger vehicles with other jurisdictions, to permit the exchange of certain driving licences with British Columbia and to recognise the category AM, moped, granted by other jurisdictions.
Resource Implications: Advertising Order covered in DVS revenue budget. Changes to the driving licence system will be funded by the parishes who maintain the system and retain all income from issuing driving licences.
Action required: To notify the Publications Editor and the Law Draftsman that the Order has been made, forward the signed and sealed Order to the Publications Editor, States Greffe, and request the Greffier of the States to arrange for its notification to the States. Head of Driver and Vehicle Standards to ask the parishes to ensure the driving licence system is updated to accommodate the changes.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2011

TRANSPORT AND TECHNICAL SERVICES

MOTOR VEHICLES (DRIVING LICENCES) (AMENDMENT NO. 12)

(JERSEY) ORDER 2011

Purpose of the Report

To consider the Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2011 which will amend certain matters relating to granting driving licences.

Background

In May 2011, the Minister approved changes to the Road Traffic (Jersey) Law 1956 and to the Motor Vehicles (Driving Licences) (Jersey) Order 2003 and asked the Head of Driver and Vehicle Standards to prepare drafting instructions to amend the Law and the Order accordingly under Ministerial Decision MD-T-2011-0053.

Instructions to amend the Order were provided to the Law Draftsman. However, due to other potential changes to the law that have been mooted, in particular the proposal from the Comité to require those applying for a provisional licence for the first time to have passed a theory test before being allowed to drive on a public road, and likely changes emanating from the work of the Agricultural Tractor Working Group, instructions to draft Regulations for presenting to the States have been held back.

An amendment to the Order has been prepared for the Minister to sign and seal.

Discussion

The Assistant Law Draftsman has produced the Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2011 which:-

Permits a person over 21 years old who has held a full licence or permit to drive a car for more than a year to apply for a provisional licence to drive a large goods vehicle (category C) or a large passenger vehicle (category D);

Recognises experience of driving in other jurisdictions with whom Jersey exchanges licences;

Clarifies that those passing a practical test in an automatic vehicle are only permitted to drive automatic vehicles;

Clarifies that the theory test taken as part of the prescribed test, tests the candidate on matters relevant to the category of vehicle the candidate wishes to drive;

Allows the exchange of certain driving permits with British Columbia;

Permits granted in certain European countries in category AM can be exchanged for category P (moped) in Jersey;

Includes other minor clarifications and corrections.

Exchanging certain licences with British Columbia and moped licences with certain European jurisdictions will come into force the day after the Order is made. Due to changes that will be required to the computerised driving licence system, the other matters will come into force on 12 December 2011.

Recommendation

The Minister is recommended to make the Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2011 which will amend certain matters relating to granting driving licences.

Reason(s) for Decision

To align the requirements for granting vocational provisional licences to drive large goods vehicles and large passenger vehicles with other jurisdictions, to permit the exchange of certain driving licences with British Columbia and to recognise the category AM, moped, granted by other jurisdictions.

Action Required

To notify the Publications Editor and the Law Draftsman that the Order has been made, forward the signed and sealed Order to the Publications Editor, States Greffe, and request the Greffier of the States to arrange for its notification to the States.

Head of Driver and Vehicle Standards to ask the parishes to ensure the driving licence system is updated to accommodate the changes.

Written by:	Head of Driver and Vehicle Standards

Approved by:	Director of Transport