Road Traffic (Pedestrian Crossings) (Amendment No.2) (Jersey) Order 2008

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (23.07.08) to make the Road Traffic (Pedestrian Crossings) (Amendment No.2) (Jersey) Order 2008

Decision Reference: MD-T-2008-0068
Decision Summary Title :	Road Traffic (Pedestrian Crossings) (Amendment No. 2) (Jersey) Order 2008		Date of Decision Summary:	11 July 2008
Decision Summary Author:	Robert Cabot Assistant Traffic Engineer		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 :	Road Traffic (Pedestrian Crossings) (Amendment No. 2) (Jersey) Order 2008		Date of Written Report:	11 July 2008
Written Report Author:	Robert Cabot Assistant Traffic Engineer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)
Subject: Road Traffic (Pedestrian Crossings) (Amendment No. 2) (Jersey) Order 2008
Decision(s): The Minister made the Road Traffic (Pedestrian Crossings) (Amendment No. 2) (Jersey) Order 2008, so that a bus may stop at a bus stop established on the approach to a zebra or pelican crossing, where the Minister considers it appropriate to establish such a bus stop.
Reason(s) for Decision: In order that a public service vehicle can stop at a bus stop that is located within the approach to a zebra crossing or pelican crossing.
Resource Implications: None
Action required: To send the hard copy of the Order to the Publications Editor at the States Greffe as soon as it has been signed.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Road Traffic (Pedestrian Crossings) (Amendment No.2) (Jersey) Order 2008

TRANSPORT AND TECHNICAL SERVICES

ROAD TRAFFIC (PEDESTRIAN CROSSINGS) (AMENDMENT NO.2) (JERSEY) ORDER 2008

Purpose of the Report

To brief the Minister on the requirement to amend the Road Traffic (Pedestrian Crossings) (Jersey) Order 1982.

Background

The Minister may establish bus stops under Article 37(2) or (3) of the Motor Traffic (Jersey) Law 1935, for public service vehicles (PSV). On occasion it may be necessary to establish such a PSV stop on the approach to a zebra or pelican crossing, following an appropriate safety assessment. There was some doubt as to whether it is legal for a bus driver to stop at such a stop. The above amendment removes any such doubt.

Discussion

It is not normally considered safe or appropriate for drivers to stop on the approach to zebra and pelican crossings, other than to stop to allow pedestrians to cross, or if the stream of traffic has come to a stop. This is clearly defined under Article 11 of the Road Traffic (Pedestrian Crossings) (Jersey) Order 1982, which states that the driver of a vehicle shall not cause the vehicle or any part thereof to stop within the limits of a crossing unless he is prevented from proceeding by circumstances beyond his control. This is also made clear in the Highway Code.

On occasion, following a thorough safety assessment, it has proved to be the safest and most pragmatic course of action to establish a bus stop on the approach to a zebra or pelican crossing, to enable the provision of a bus stop for the benefit and convenience of the public. While it could be argued that, by locating a bus stop in such an area the control of stopping of the bus has been taken away from the bus driver, it is considered appropriate that a further explicit exception to Article 11 be provided in the Road Traffic (Pedestrian Crossings) (Jersey) Order 1982. The Road Traffic (Pedestrian Crossings) (Amendment No. 2) (Jersey) Order 2008 adds an additional Article, 16A, which explicitly allows the driver of a PSV to stop at a bus stop established on the approaches to a zebra or pelican crossing.

Conclusion

The Minister should approve the Road Traffic (Pedestrian Crossings) (Amendment No. 2) (Jersey) Order 2008.

Recommendation

The Minister for TTS is recommended to make the Road Traffic (Pedestrian Crossings) (Amendment No. 2) (Jersey) Order 2008, so that a bus may stop at a bus stop established on the approach to a zebra or pelican crossing where the Minister considers it appropriate to establish such a bus stop.

Reason(s) for Decisions

In order that a public service vehicle can stop at a bus stop that is located within the approach to a zebra crossing or pelican crossing.

Action Required

To send the hard copy of the Order to the Publications Editor at the States Greffe as soon as it has been signed and sealed by the Minister for Transport and Technical Services.

Written by:	R J R Cabot, Assistant Traffic Engineer

Approved by:	Caroline Anderson, Director of Transport

18th July 2008