TRANSPORT AND TECHNICAL SERVICES
ROAD TRAFFIC (JERSEY) LAW 1956
WEARING OF SEAT BELTS – APPLICATION FOR EXEMPTION ON MEDICAL GROUNDS
Purpose of the Report
To approve the application form to be completed by persons seeking an exemption from wearing a seatbelt on medical grounds and to approve the form of certificate to be issued by the Medical Officer of Health after considering such applications.
Background
Article 43 of the Road Traffic (Jersey) Law 1956 provides for those persons whom the Medical Officer of Health is satisfied it is inadvisable on medical grounds to wear a seatbelt when travelling in a motor vehicle. The person must make an application to the Medical Officer of Health on a form approved by the Minister. Subject to an application, the Medical Officer of Health may, if satisfied it is inadvisable on medical grounds for the applicant to wear a seatbelt, issue a certificate granting an exemption for a specified period or an unspecified period. The Medical Officer of Health may also refuse an application if not satisfied that the applicant should be exempted from wearing a seatbelt on medical grounds. The certificate issued by the Medical Officer of Health should also be in a form approved by the Minister.
Discussion
A request was received from a medical practitioner on behalf of a patient for an exemption from wearing a seatbelt on medical grounds. The medical practitioner was advised that under Article 43, he could issue a medical exemption certificate for a period of up to one month but that for longer periods, an application must be made to the Medical Officer of Health.
It is a number of years since any application appears to have been made and as responsibility for approving the application form and certificate has passed to the Minister, the opportunity has been taken to revise the form and certificate, in consultation with the Medical Officer of Health, in order that the Minister might approve the documents.
A two page application form has been drafted and is attached to this report for the Minister’s approval. The form is expected to be completed by the applicant and the applicant’s General Practitioner or Consultant and submitted to the Medical Officer of Health.
The Medical Officer of Health will record her decision on a certificate to be issued to the applicant, draft attached. The certificate permits the Medical Officer of Health to grant an exemption permanently or until a specified date. A refusal can also be recorded on the certificate and the applicant is advised that if aggrieved by a refusal, the applicant may appeal to a medical practitioner nominated by the Minister.
The Medical Officer of Health has recommended that in the case of any appeal, the medical practitioner nominated by the Minister should be chosen on the basis of the medical condition cited by the applicant.
Recommendation
In accordance with Article 43(2) and 43(3)(a) of the Road Traffic (Jersey) Law 1956, the Minister is asked to approve :-
- The Application for Exemption on Medical Grounds form,
and
- The Medical Exemption Certificate.
Reason(s) for Decision
To provide for those persons whom it is inadvisable on medical grounds to wear a seatbelt.
Action Required
The Head of Driver and Vehicle Standards to advise the Medical Officer of Health of the Minister’s decision and provide electronic copies of the approved form and certificate.
Written by: | Alan Muir, Head of Driver and Vehicle Standards |
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Approved by: | Caroline Anderson, Director of Transport |
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Attachments: Application for Exemption on Medical Grounds form.
Medical Exemption Certificate
ASM
4 June 2008