TRANSPORT AND TECHNICAL SERVICES
MOTOR VEHICLE REGISTRATION (GENERAL PROVISIONS) (AMENDMENT
NO. 19) (JERSEY) ORDER 2013
Purpose of the Report
To make the Motor Vehicle Registration (General Provisions) (Amendment No. 19) (Jersey) Order 2013, that will:-
- introduce a scheme to sell the right to display cherished registration marks by auction, tender or at a set amount determined by the Minister;
- expand on the current provisions for replacing, exchanging and retaining registration marks; and
- make other more minor amendments, particularly some relating to trade plates.
The amendment to the Order follows from the changes made to the Motor Vehicle Registration (Jersey) Law 1993 (“the Law”) by the Motor Vehicle Registration (Amendment No. 4) (Jersey) Law 201-, approved by the States on 25 September 2013 and sanctioned by the Privy Council on 06 November 2013, which will come into force on 15 November 2013.
Background
In April 2011, the Minister signed MD-T-2011-0035 to “bring the Motor Vehicle Registration legislation up to date and address deficiencies and inconsistencies therein”. These include:-
- Registered owners of vehicles to notify the Department if the owner’s name changes (there is already a requirement to notify a change of address);
- Recognising that while trade licences continue to be issued by the Department on behalf of the Minister, trade plates are no longer issued by the Department (they are provided by the private sector).
There is also an obligation arising from the Comprehensive Spending Review that, from 2013, Driver and Vehicle Standards should generate annual “user pays” income of £100,000 from the sale of rights to display cherished registration marks.
On 25 September 2013 the States, subject to the sanction of the Privy Council, adopted the Motor Vehicle Registration (Amendment No. 4) (Jersey) Law 201-. The Privy Council sanctioned the amendment to the Law on 06 November 2013, which is expected to be registered and come into force on 15 November 2013.
The Law Draftsman has prepared the Motor Vehicle Registration (General Provisions) (Amendment No. 19) (Jersey) Order 2013 in accordance with drafting instructions issued by the Department and subject to the Minister approving the Order, it will come into effect immediately.
Discussion
The Motor Vehicle Registration (Amendment No.4) (Jersey) Law 201-, following approval by the States and Privy Council, will make provision for the Minister prescribing certain matters by Order. These matters include:-
- a scheme to sell the right to display currently unassigned cherished registration marks by auction, tender or at a set amount determined by the Minister;
- expanding the current provisions for replacing, exchanging and retaining registration marks;
- in certain circumstances, allowing the Inspector to request further information about or inspect a registered vehicle;
- other more minor amendments, particularly some relating to trade plates.
The various articles in the Motor Vehicle Registration (General Provisions) (Amendment No. 19) (Jersey) Order 2013 will provide for the following:-
Article 2 | | Amends Article 8 which requires registered owners to notify the Inspector of a change of address such that the registered owner of a vehicle must now also notify the Inspector if the owner’s name changes. |
Article 3 | | Amends Article 12 to extend the Inspector’s powers to require further information about a registered vehicle to cover a change of name of the owner or certain applications under Schedule 4A. |
Article 4 | | Replaces Article 14 extending the powers to inspect a vehicle when there is an application for withdrawal or assignment of a registration mark or there is reason to believe the registered vehicle no longer exists (in Jersey). |
Article 5 | | Replaces Article 22 providing for the replacement and exchange of registration marks. It introduces Schedule 4A, providing for an expanded scheme of assignment and exchange of registration marks when asked for by members of the public. |
Article 6 | | Replaces Articles 24 to 26 dealing with trade licences and plates. |
Article 7 | | Amends Article 27 to reflect that trade licence plates are obtained by the trader. |
Article 8 | | Replaces Article 31 dealing with duplicate trade licences (to be issued by the Inspector) and replacement trade plates (to be obtained by the trader). |
Article 9 | | Inserts Schedule 4A, the new scheme for withdrawing and assigning registration marks upon request by members of the public. |
Article 10 | | Deletes paragraph 4(2) in Part 2 of Schedule 5. In accordance with the deliberations of the Agricultural Tractors Working Group, the registration mark displayed at the rear of an agricultural trailer must now be the same as the registration mark of the agricultural tractor towing the trailer. |
Article 11 | | Gives the short title of the Order and brings the Order into force on the same day as the amendments to the Law. |
Schedule | | New Schedule 4A is added. This introduces an expanded scheme for the withdrawal and assignment of registration marks when requested by members of the public (mark-rights), including permitting the sale of rights to marks currently held in the registration system and not assigned to any motor vehicle. It also covers delegating the task of selling these rights to such as auctioneers and provides for appeals to the Royal Court where a registration mark is substituted or not assigned or grant of a mark-right is delayed or refused where the Inspector is satisfied it is proportionate to do so. |
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Once the amendment to the Law is registered and the supporting Order is made, it is expected that after auctioneers’ commission and other expenses, there will be a net income of £100,000 per annum from the sale of these rights to display which is required to meet the cash limit requirements set for the Driver and Vehicle Standards Unit of the Department, under the Comprehensive Spending Review for 2013 and annually thereafter.
Other
During the debate on 25 September 2013, States Members raised a number of issues which appeared to cause some concern. Some of these issues, directly associated with the registration legislation under discussion, are outlined below together with a short comment on each issue, which may help provide clarification. If the Minister considers it would be helpful to contact those States Members who raised these particular matters, the department can do so.
Issue | Comment |
If you have a particular registration mark and want to transfer it to a new car, what is the position? | The situation is the same as has been customary practice in the past (albeit until the Law was changed, it did not provide for the owner of a vehicle with a cherished registration mark, when disposing of that vehicle, to retain the cherished mark to put on any future vehicle he/she may acquire). If a person already owns a vehicle and wishes to put the registration mark assigned to that vehicle onto another vehicle he/she acquires, whether new or already registered, this “withdrawal” and “assignment of mark-right” is accommodated, for the appropriate fees. |
The Minister can withdraw a registration mark from any vehicle. | As long as a registration mark has been assigned to a registered motor vehicle legitimately, the mark is displayed legitimately and the registered owner of the vehicle complies with the requirements of the registration legislation, there is no likelihood of a mark being withdrawn against the vehicle owner’s wishes. The amended Law and Order make provision for appealing to the Royal Court where a registration mark is substituted or not assigned or grant of a mark-right is delayed or refused. It should be expected that such situations will only arise where there is clear evidence that a person has acted in breach of the legislation or there are other exceptional reasons related to the prevention of crime or to the reputation and integrity of Jersey’s registration scheme. |
Can a member of the public “sell” the registration mark assigned to his/her vehicle to someone else? | A registration mark is merely assigned to a vehicle – the vehicle owner does not own the registration mark. However, the revised legislation provides for a member of the public, for a fee, applying for the registration mark currently assigned to his/her vehicle to be withdrawn and a mark-right granted to a third party, for that registration mark to be assigned to a motor vehicle of which the third party becomes registered owner. If there is any arrangement (financial or otherwise) between these parties, this is a private arrangement and provided there is no breach of the registration legislation or criminal intent in that transaction, neither the Minister nor the department has any interest in or responsibility for that transaction. |
Is it feasible to have an age related registration mark assigned to a vehicle? | If a person registers an older vehicle in Jersey and would like to have an appropriate five digit registration assigned to it rather than a randomly allocated registration mark, this will now be feasible on application for a fixed charge (in addition to the normal registration fee). |
Other issues, particularly surrounding the use of funds generated by selling mark rights and “dual registration” were also raised but are not directly associated with the current amendments to legislation.
Recommendation
The Minister is requested to make the Motor Vehicle Registration (General Provisions) (Amendment No. 19) (Jersey) Order 2013 and request the Department to take the necessary action to implement the Order.
Reason(s) for Decision
To make the Motor Vehicle Registration (General Provisions) (Amendment No. 19) (Jersey) Order 2013, which, among other things, makes provision for the sale of rights to display cherished registration marks and permits the Department and States to meet the annual cash limit requirements set under the Comprehensive Spending Review.
Resource Implications
It is expected that after auctioneers’ commission and other expenses, there will be a net income in excess of £100,000 per annum from the sale of these rights to display which is required to meet the cash limit requirements set for the Driver and Vehicle Standards Unit of the Department, under the Comprehensive Spending Review for 2013 and annually thereafter.
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.
Arrange to publish details of the Order in the Gazette.
Written by: Head of Driver and Vehicle Standards / Inspector of Motor Traffic
Approved by: Director of Transport
Attachments: Motor Vehicle Registration (General Provisions) (Amendment No. 19)
(Jersey) Order 2013
gov.je