TRANSPORT AND TECHNICAL SERVICES
AMENDMENT TO ROAD TRAFFIC (PUBLIC PARKING PLACES) (JERSEY)
ORDER 2006 AND TO ALL 12 PARISH ROAD TRAFFIC ORDERS
Purpose of the Report
To introduce new offences which will prohibit anyone carrying out a motor trader or car sales business from using public parking facilities to store their trading stock of vehicles in designated parking areas in public car parks and on street parking areas.
Background
A problem has been highlighted where a motor trader has been using car parks administered by Transport and Technical Services and also on street parking areas in St Martin to store vehicles they have for sale. The matter has been raised in the public domain through the local media.
After discussions with the Legal Advisors at Police Headquarters there are no current offences which will adequately deal with this problem in the Road Traffic (Public Parking Places) (Jersey) Order 2006, the Policing of Roads (Jersey) Regulations 1959 or any of the 12 Parish Road Traffic Orders.
A solution has been proposed to introduce a new (strict liability) offence aimed at prohibiting a vehicle which is for the time being offered, exposed or advertised for sale in the course of a “motor trading business” being parked in a parking place with the associated definitions to compliment this in the Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders with a provision that any person who contravenes the new offence be liable to a fine not exceeding level 2 on the standard scale. It is also proposed to introduce a penalty provision providing for further fines for each day on which the contravention is continued with the same fine provision. Liability for these offences would rest with the person who owns the “motor trading business” and where that person is a body corporate, its directors will be liable to a fine personally.
The Minister for Transport and Technical Services is authorised to make the necessary Amendment under Article 64 of the Road Traffic (Jersey) Law 1956 in respect of designated parking places having been designated under Article 63 of the Road Traffic (Jersey) Law 1956.
The Road Traffic (Public Parking Places) (Jersey) Order 2006 and all 12 Parish Road Traffic Orders are administered by the Transport and Technical Services Department.
Discussion
Officers support the introduction of the new offences above. Policing will be carried out by Transport and Technical Services Parking Control Section and the 12 Parishes’ Honorary Police as appropriate.
Recommendations
The Minister is recommended to approve the addition of the new offences and to instruct Officers to instruct the Law Draftsman to prepare Amendments to the Road Traffic (Public Parking Places) (Jersey) Order 2006 and the 12 Parish Road Traffic Orders to incorporate this.
Reason(s) for Decision
To enable the addition of the two new offences prohibiting anyone from using a designated parking place to park vehicles exposed, offered or advertised for sale in the course of a motor trading business.
Resource implication
Law Drafting time.
Action Required
Officers to instruct the Law Draftsman to prepare the necessary Amendments to the Road Traffic (Public Parking Places) (Jersey) Order 2006 and the 12 Parish Road Traffic Orders for subsequent submission to the Minister.
Written by: Assistant Manager Parking Control
Approved by: Director of Transport