Motor Vehicle Registration (Jersey) Law 1993: Amendment to exempt Jersey Field Squadron vehicles from registration

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A decision made 7 February 2014:

Decision Reference: MD-T-2014-0010
Decision Summary Title :	Exemption of Jersey Field Squadron Vehicles from Registration in Jersey		Date of Decision Summary:	30 January 2014
Decision Summary Author:	Head of Driver and Vehicle Standards / Inspector of Motor Traffic		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Exemption of Jersey Field Squadron Vehicles from Registration in Jersey		Date of Written Report:	30 January 2014
Written Report Author:	Head of Driver and Vehicle Standards / Inspector of Motor Traffic		Written Report : Public or Exempt?	Public
Subject: Exemption of Jersey Field Squadron Vehicles from Registration in Jersey
Decision(s): The Minister:- Agreed to amend the Motor Vehicle Registration (Jersey) Law 1993 to exempt any motor vehicle for the time being the property of the Crown and used by the Jersey Field Squadron in the performance of its official duties from requiring registration under that law; approved the instructions prepared by the department; requested the Inspector of Motor Traffic to forward these instructions to the Law Draftsman to prepare the necessary draft legislation for lodging in the States.
Reason(s) for Decision: So that the Jersey Field Squadron can remain responsive and perform its official duties, using motor vehicles which remain the property of the Crown, without breaching Jersey legislation.
Resource Implications: There are no net resource implications.
Action required: Inspector of Motor Traffic to:- forward the law drafting instructions to the Law Draftsman; advise the CO of Jersey Field Squadron of the decision.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Motor Vehicle Registration (Jersey) Law 1993: Amendment to exempt Jersey Field Squadron vehicles from registration

TRANSPORT & TECHNICAL SERVICES

EXEMPTION OF JERSEY FIELD SQUADRON VEHICLES FROM

REGISTRATION IN JERSEY

PURPOSE OF THE REPORT

To request a change to Article 2 of the Motor Vehicle Registration (Jersey) Law 1993 to exempt any vehicle for the time being the property of the Crown and used by the Jersey Field Squadron (TA) in the performance of its official duties from requiring registration under this law.

BACKGROUND

Article 2 of the Motor Vehicle Registration (Jersey) Law 1993 (MVRL) states:

“2. Application

Nothing in this Law shall operate to require the registration under this Law of –

(a) any vehicle other than a motor vehicle;

(b) any motor vehicle for the time being the property of the Crown and used by the Lieutenant-Governor in the performance of his or her official duties;

(d) any vehicle which is for the time being exempt from registration by virtue of the Motor Vehicles (International Circulation) (Jersey) Regulations 1958.[4]”

The Jersey Field Squadron (TA) operates a number of vehicles that remain the property of the Crown (UK Army), which they use in the performance of their duties. The Motor Vehicle Registration (Jersey) Law 1993 does not currently exempt these vehicles from registration in Jersey.

Residents of Jersey are obliged by law to register their vehicles in Jersey and obtain a Jersey driving licence and by virtue of Article 12 of the MVRL:-

“… no person shall use or keep on a road a motor vehicle which is not either –

(a) a registered motor vehicle;

(b) exempt from registration by virtue of Article 2; or

As the TA vehicles do not qualify under any of (a) to (c), most of the TA personnel who are Jersey residents and have Jersey driving licences cannot legally drive the TA vehicles on Jersey roads. This seriously compromises the TA’s ability to operate and train its personnel in Jersey.

The situation only came to light last year when the TA brought some new oversize vehicles to the Island which required exemption permits to use on roads.

DISCUSSION

Proposed Permanent Solution

The vehicles are expected to remain in the ownership of the Ministry of Defence / British Army, (The Crown). It would seem reasonable, therefore, to exempt any vehicle for the time being the property of the Crown1 and used by the TA in the performance of their official duties from requiring registration under this law. This could be done by amending Article 2 of the MVRL.

As the vehicles would now be exempt from registration, TA personnel would be permitted to drive these vehicles using their Jersey driving licences whilst performing official duties.

Amending the MVRL cannot presently be done by Regulations so any proposed amendment to the law, if approved by the States, will have to be passed by Her Majesty in Council.

Law Drafting instructions (copy attached) have been prepared to ask the Law Draftsman to prepare the necessary legislation for lodging in the States.

1 In the UK, vehicles “kept by the Crown which are used or appropriated for use for naval, military or air force purposes” are exempted from registration under the Road Vehicles (Registration and Licensing) Regulations 2002.

Interim Proposal

The vehicles need to be registered in Jersey to operate, until the proposed permanent measure has been instigated.

Because the vehicles have been procured by the MoD for use by the British Forces for the specialist tasks normally undertaken by the military, they will not have the usual type approval certification of normal road going motor vehicles. However, as the vehicles will have been manufactured to meet a military procurement specification, will have been and will be subject to modification and repair in service and are to be returned to the UK once service has been completed in Jersey, so are not intended for normal road use in Jersey, they should be treated as special purpose vehicles. This being the case, the vehicles do not have to meet the type approval requirements of Schedule 2 of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 (the Order). It should be noted, however, that the TA have supplied documentation for each vehicle which provides satisfactory information on the origin, maintenance and military registration mark of each vehicle (F/MT 1004 document), for the vehicles to be registered in Jersey.

Due to their width, several of the vehicles require a P30 exemption permit to use the roads in Jersey. These vehicles have been submitted for inspection and testing and each has been granted an exemption permit as “it appears to be desirable in the public interest so to do”. (It should be noted that even if / when the MVRL is amended to exempt the TA vehicles from registration, any vehicle which does not meet the size requirements set down in the Construction and Use Order (or other relevant requirements of that Order or the Lighting Order) will still require a P30 exemption permit to use the Island’s roads.

Being motor vehicles owned and used by a “Department of Her Majesty’s Government”, by virtue of Article 2(3) of the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948, it is lawful for persons to use these motor vehicles on roads without third party insurance cover. However, it is understood that TA vehicles are covered by the States of Jersey insurance and can display windscreen insurance discs issued by the States’ insurer.

To allow the TA to operate, the vehicles have been registered for use in Jersey as the Inspector of Motor Traffic is satisfied that suitable applications have been made with appropriate particulars of the vehicles that have been verified, they conform with the manufacture of military vehicles, have been tested where an exemption certificate is required and meet the requirements for third party insurance. To date, registration documents have been issued to eight vehicles. For practical reasons, in accordance with Article 20(1)(b) of the Order, the Inspector has approved and assigned the MoD’s registration mark stated on each vehicle’s F/MT 1004 document as well as a J number.

All original registration documents will be held at DVS until the MVRL is amended and the vehicles have been exempted from the requirement to be registered in Jersey, at which time the vehicles will be de-registered and the original MoD documents will be returned to the TA.

Summary

The Jersey Field Squadron has taken delivery of a number of vehicles owned by the Ministry of Defence (Army). Under the current legislation, to operate these vehicles in Jersey, the vehicles must be registered in Jersey. In the interim, these vehicles have been registered by the Inspector and are currently in operation with the Field Squadron. However, it seems sensible that such vehicles, being the property of the Crown and used by the military, should be exempted from registration in order that the military can remain responsive without breaching registration legislation.

RECOMMENDATION

The Minister is asked to:-

Amend the Motor Vehicle Registration (Jersey) Law 1993 to exempt any motor vehicle for the time being the property of the Crown and used by the Jersey Field Squadron in the performance of its official duties from requiring registration under that law;
Approve the instructions prepared by the department;
Subject to approving the instructions, request the Inspector of Motor Traffic to forward these instructions to the Law Draftsman to prepare the necessary draft legislation for lodging in the States.

REASON FOR DECISION

So that the Jersey Field Squadron can remain responsive and perform its official duties, using motor vehicles which remain the property of the Crown, without breaching Jersey legislation.

RESOURCE IMPLICATIONS

Before the matter came to light, the TA appears to have used vehicles in Jersey that had been provided by the UK Army. These vehicles were never registered in Jersey so no income or duty had been received. In any case, as the TA is funded by Home Affairs, it is likely any fees or duty payable would merely have balanced payments from the Home Affairs cash limits.

Annual income to TTS / DVS will accrue from P30 exemption permits granted to the TA for any oversize vehicles. This amounted to just over £600 in 2013. However, again it would be expected that these fees would ultimately be paid from States budgets so there would be no net resource implications.

ACTION REQUIRED

Inspector of Motor Traffic to:-

Forward the law drafting instructions to the Law Draftsman;

Advise the CO of Jersey Field Squadron of the decision.

Written by:	Head of Driver and Vehicle Standards / Inspector of Motor Traffic

Approved by:	Director of Transport

Attachments:	Law drafting instructions