DRAFT NUMBER 1
TRANSPORT AND TECHNICAL SERVICES
- DVS UNIT
AMENDMENTS TO THE MOTOR VEHICLE REGISTRATION (JERSEY) LAW
1993 AND THE MOTOR VEHICLE REGISTRATION
(GENERAL PROVISIONS)
(JERSEY) ORDER 1993.
Purpose of the report:
To gain the approval of the Minister for Transport and Technical Services for changes to the Motor Vehicle Registration Law and accompanying Order.
Discussion:
The Inspector of Motor Traffic commissioned a review of the above legislation feeling as there were are some provisions which were appear no longer relevant whilst realising there were some requiredare matters with currently no provisions which were not in the legislation. The following proposals are a summary of the amendments which he feels are required and the reasoning for them.
It should be noted that there does not appear to be any provision in the Law to amend this Law by Regulations. It may be the case, therefore, that any proposed changes to the Law will be referred to the Privy Council.
PART A: THE MOTOR VEHICLE REGISTRATION (JERSEY) LAW 1993.
(1) Article 1: Interpretation
In pParagraph (2) it speaks ofrefers to a share in the ownership of a motor vehicle.
This contradicts the provisions in the law whereby only mention is made of a registered owner in the singular either as “individual” or “corporation”. The Jersey vehicle register does not deal in legal title or legal ownership of a motor vehicle but only with a single registered owner, who may not necessarily be the legal owner. This registered owner has obligations under the law.
It is recommended that this paragraph be deleted.
(2) Article 5: Entries in the register subsequent to registration
Currently there is no provision compellrequiring a registered owner to notify a change of name. There is provision to notify change of address.
It is recommended that paragraph 5 (1) (b) of this article be amended to compel require a registered owner to notify any change of name as well as change of address.
(3) Article 7: Orders in relation to registration
Currently there is no provision in the law which:-
(i) Compels Requires notification of a change of name in paragraph 7 (f) (ii) [see (2) above].
(ii) Allows the registered owner of a motor vehicle to retain for his/her use, for a maximum of six months, a registration mark previously assigned to a motor vehicle which has been declared scrapped, exported or transferred to another registered owner. The Law Officers Department has confirmed there is no vires in the Law underpinning the facility to reserve or retain a registration mark even although certain provisions in relation to retaining the use of a registration mark are stated in the Order. Exchange and rRetention of registration marks currently generates around £200,000 of income for the Department.
(iii) Gives powers to the Inspector of Motor Traffic to sell the right to display registration marks at public auction or by any other means. It should be noted that on 01 August 2000 the then Attorney General gave an opinion that although there was nothing illegal in the Inspector conducting previous auctions it would be better that the legislation be amended to regulate this.
It is recommended this Article 7 be amended by:-
(i) Amending paragraph 7 (f) (ii) to compel require notification of change of name as well as change of address;
(ii) Adding a new paragraph 7(Oo) (iii) to allow provide for the retention of registration marks;
(iii) Adding a new paragraph 7 (p) allowing the Inspector of Motor Traffic to sell the right to display registration marks. It should be noted that on 1 August 2000 the then Attorney General gave an opinion that although there was nothing illegal in the Inspector conducting previous auctions it would be better that the legislation be amended to regulate this.
(4) Article 8: Issue and renewal of trade licences
Currently the legislation states the Inspector of Motor Traffic issues the actual trade plates. This is not and never has been the case, ; the Inspector only issues the annual paper trade licence which is affixed to the trade plate.
It is recommended this article be amended to remove all mention of the Inspector issuing trade plates. This can be done by:- amending paragraphs, (2), (3) and (7) of Article 8.
(i) Removing paragraph 8 (2) (b)
(ii) Amending paragraph 8 (2) (c) to read 8 (2) (b)
(iii) Amending line 1 of paragraph 8 (3)
(v) Amending line 2 of paragraph 8 (7)
(5) Article 9: Display of trade licence plates
As in (4) above all mention of the Inspector supplying trade plates should be removed from this article.
It is recommended line 2 of this article be amended to reflect this.
(6) Article 10: Orders in relation to trade licences
As in (4) and (5) above all mention of the Inspector supplying trade plates should be removed from this article.
It is recommended lines 1, 2, 3 and 4 of pParagraph 10 (k) can be amended to reflect this.
(7) Article 15: Miscellaneous (Addresses)
To make it clear that only bona fide Jersey residents or active Jersey companies are able to place a vehicle (i.e. register it in Jersey) on the Jersey vehicle register (i.e. register it in Jersey), paragraph 15 (2) (b) needs clarifying.
Iit is recommended 15 paragraphs (2) (b) (i) and (ii) be amended to reflect this. It should be noted this would not prohibit a seasonal worker buying an alreadya Jersey registered motor vehicle for use during the season.
PART B: THE MOTOR VEHICLE REGISTRATION (GENERAL PROVISIONS) (J(JERSEY) ORDER 1993
(1) Title of Order
This The title still refers to the Home Affairs Committee.
It is recommended this be changed to the Minister for Transport and Technical Services.
(2) Article 1: Interpretation
To ensure we only register vehicles in Jersey to those who are a permanently resident in of Jersey, the a definition of who is considered permanently resident should be definedis needed. .
It is recommended that this definition should be inserted between the "Law" and "prescribed form" definitions in the Interpretation. It is also recommended the definition be the same as that used in the Road Traffic (Jersey) Law 1956 for driving licence legislation, i.e.:-
“permanent resident of Jersey” means a person who –
(a) has resided in Jersey for more than 12 months; or
(b) intends to reside in Jersey for more than 12 months and who is not, under the Immigration Act 1971 of the United Kingdom, prohibited from remaining in Jersey for more than 12 months
.
(3) Article 5: Application for registration of a motor vehicle
The current requirement is not sufficiently clear enough to ensure the certificate of motor insurance produced at application to register is one in the name of the owner. Insurance companies expect the named policy holder to be the registered owner/keeper. It is also good practice for the registration authority to have the driving licence, registered owner and insurance certificate clearly matching with the same name.
It is recommended Article 5 (b) be amended to require that the certificate of insurance policy holder's name be that of the owner/applicant.
(4) Article 8: Change of address of owner of registered motor vehicle
As outlined in (2) and (3) of part A, Ccurrently there is no provision in the Order to compel require a registered owner to notify a change of name.
It is recommended this aArticle 8 be amended to require notification of any change of name as well as change of addressby:-
(i) Amending the article heading to include name
(ii) Amending line 1 of the first paragraph to include name
(iii) Amending line 2 of sub paragraph (a) to include name
(5) Article 14: Inspection of motor vehicle
There seems to be a weakness in the powers of the Inspector to order a vehicle to be produced for inspection to verify its bona fidesexistence as set out in article 13.
It is recommended this article be amended by adding a new paragraph 14 (d) detailing the Inspector's wishespermitting the Inspector to require the owner of a registered vehicle to present the vehicle to cconfirm the vehicle still exists and can be made roadworthy.
(6) Article 16: Cancellation and replacement of registration document
Currently tThe last paragraph of aArticle 16(1) refers to “a share" in the ownership of a motor vehicle. This is at variance with the other provisions of the Law and the Order which define solely one registered owner of a motor vehicle. The Jersey register deals in registered ownership, not title to, or legal ownership of motor vehicles.
It is recommended that this article be amended by deleting this “or a share of it” from the last paragraph of Article 16(1).
(7) Article 20: Assignment of registration marks
Currently there is no provision in the Order which sets out how the Inspector may sell the right to display registration marks.
It is recommended that this article be amended by adding a new paragraph (3) which will give such powers to the Inspector to sell the right to display registration marks by public auction or any other means.
(8) Article 22: Replacement and exchange of registration marks
Currently Presently, there is no provision in the Order which allowsing the registered owner of a motor vehicle to retain, for six months, for his/her use a registration mark previously assigned to his/her vehicle which has been transferred to another owner. This practice has been allowed for some time but the Order only covers the registration mark of a vehicle which has been exported, broken up or scrapped [although even these situations have no vires in the Law – see Part A 3(ii)]
It is recommended this article be amended by:-
(i) Amending the article title to include retention and
(ii) Add a new paragraph (6) setting out the procedure and fee for retention of such marks.
(9) Article 25: Issue of trade licence and trade licence plates
Currently both the Law and the Order refer to the Inspector as issuing the actual trade licence plate. This has never been done.
It is recommended that this article be amended to remove all mention of the Inspector issuing trade plates. by:-
(i) Amending the article heading
(ii) Removing paragraphs 25 (b) (i) and (ii)
(iii) Re-numbering 25 (b) to 25 ( c )
(iv) Amending the last paragraph
(10) Article 26: Trade licence plates
As in (9) above, the Inspector does not issue trade plates.
It is recommended that this article be amended to reflect this by:-
(i) Amending the first line of the article
(ii) Amending paragraph (b)
(iii) Amending paragraph ( c )
(iv) Amending paragraph (d).
(11) Article 27: Fixing and exhibition of trade licence plates, fee receipts and insurance discs
As in (9) and (10) above, the Inspector does not issue trade licence plates.
It is recommended that this article be amended to reflect this .this by:-
(i) Amending paragraph 27 (a) (i)
(ii) Amending paragraph 27 (a) (ii)
(12) Article 31: Replacement of trade licences and trade licence plates
As in (9), (10) and (11) above, the Inspector does not issue or replace trade licence plates.
It is recommended recommended that this article is amended to reflect this by:-
(i) Amending the article heading
(ii) Amending paragraph 31 (1)
(iii) Amending paragraph 31 (2)
.
(13) Schedule 2: Requirements for registration of a motor vehicle
[m1]To ensure that non UK or non EU motor vehicles comply with the Motor Vehicles (Construction and Use) (Jersey) Order 1998 and the Road Traffic (Lighting) (Jersey) Order 1998 or a licence has been granted under Article 78 of the Road Traffic (Jersey) Law 1956, the provisions contained in paragraphs 1 c (i) and 1 c (ii) should be made to apply to paragraphs 1(d) and 1(e) of SCHEDULE 2.
Schedule 2 should therefore be amended to achieve this result.It is felt that the requirements for a motor vehicle to comply with the Jersey Construction and Use Order and the Jersey Lighting Order are in the wrong place being in paragraph 1 ( c ) of Schedule 2. Being where it is implies that only motor vehicles which have type approval must conform with these Orders. As it is imperative all motor vehicles comply with these Orders unless specifically exempted it would be better if this Schedule be amended by:-
(i) Removing sub paragraphs (i) and (ii) from paragraph (c)
(ii) Adding a new paragraph (f) incorporating (i) and (ii)
Also in Schedule 2 it is felt that a new component be added to the table of systems and components which the Inspector may include in any certificate of approval issued in respect of a motor vehicle not type approved. This certificate is only granted after a vehicle has been thoroughly inspected to see if its components match current UK/EU standards. The new component to be added would be to ensure the vehicle certified would match all current/contemporary EU driver and passenger safety standards. This would ensure vehicles which could technically be classed as motorcycles but in shape, size and design are passenger cars undergo and pass the inspection as a car and not the lesser standard required for motorcycles.
It is recommended that the Schedule be amended by adding a new number (xxvi) contemporary EU driver and passenger safety systems.
(14) Schedule 5, Part 2: Display of registration marks
Article 4 (2) of the above Schedule permits agricultural trailers to display a different registration mark to that of the towing tractor, provided both the towing tractor and tractor registration mark displayed on the trailer being towed are owned by the same person. This is inconsistent with the provisions contained in Article 6 (1) of the Law.
“The registration mark assigned to a motor vehicle in accordance with this Law shall be fixed on the vehicle, or on any other vehicle drawn by that vehicle, or on both, in the prescribed manner.”
It is recommended that aArticle 4 (2) of this Schedule be deleted.
Attached to this report are more detailed drafting instructions for the above which will be sent to the Law Draftsman if the Minister agrees to the above amendments.
Recommendation
The Minister is recommended to:-
- Approve the proposed changes to the Motor Vehicle Registration (Jersey) Law 1993 and to the Motor Vehicle Registration (General Provisions)(Jersey) Order 1993.
- Ask the Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the legislation which would put these changes into effect.
Reason(s) for Decision
To address deficiencies and inconsistencies in the current Motor Vehicle Registration legislation.
Action Required
Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the legislation which would put these changes into effect.
Attached to this report are more detailed drafting instructions for the above which will be sent to the Law Draftsman if the Minister agrees to the above amendments.
Written by: Deputy Inspector of Motor Traffic
Approved by: Acting Director of Transport
Attachments: Appendix of drafting instructions
File reference: REGI/LE/E/JBS
Date:
gov.je