TRANSPORT AND TECHNICAL SERVICES
DVS UNIT
AMENDMENTS TO THE ROAD TRAFFIC (JERSEY) LAW 1956
AND THE MOTOR VEHICLES (DRIVING LICENCES) (JERSEY) ORDER 2003
- PURPOSE OF THE REPORT
1.1. To gain the approval of the Minister for Transport and Technical Services for changes to the Road Traffic Law and the accompanying Order.
- INTRODUCTION
2.1. A number of matters associated with driving licences need to be addressed in the Road Traffic (Jersey) Law 1956 and the Motor Vehicles (Driving Licences) (Jersey) Order 1956. These matters include:-
(a) Approving the law drafting instructions prepared by the Comité des Connétables to require a novice driver/rider to pass a prescribed theory test before being granted a provisional licence to drive/ride a motor vehicle;
(b) Reviewing the period for renewal of a vocational licence;
(c) Reviewing the prescribed diseases or physical disabilities when considering a person’s physical fitness before being granted or after being granted a licence;
(d) Reviewing the period for renewal for persons with certain medical conditions.
2.2. (b), (c) and (d) were considered in 2011 and the Minister decided at the time that the recommendations should be introduced. (MD-T-2011-0053).
- DISCUSSION
Law drafting instructions to require a novice driver/rider to pass a prescribed theory test before being granted a provisional licence
3.1 The Comité des Connétables has asked that the legislation is changed such that:
“a provisional licence, and thus the ability to drive on the road, would only be granted to a person who has passed a theory test as set out in the Appendix to the report of the Comité des Connétables dated 5th September 2011 in P.155/2011”.
3.2 This will only apply to completely novice drivers/riders. Anyone who has already passed a theory test for another category of vehicle or anyone who has held a full licence to drive/ride a motor vehicle (in Jersey or elsewhere – this would need to be confirmed by the parochial authority), can be granted a provisional licence on application provided the applicant meets age, residency, health, identity, etc requirements to be granted a provisional licence.
3.3 In order not to prevent a person from driving on the road at the age permitted because they have to pass the theory test first, a person will be permitted to attempt the theory test prior to the specified age they may drive on the road.
3.4 Administration of the driving licences issued by the parishes in Jersey is undertaken using a web based system, LICAR. LICAR allocates a unique driver number and holds all other relevant details about the applicant and about the licence(s) issued.
3.5 LICAR contains details of practical test results dating back to January 2006. It contains a record of pass/fail for theory tests taken by persons with records on LICAR from 01 April 2007, when LICAR was introduced. [Records before these dates may be held on other systems, including a paper record at Highlands for those who sat a theory test at Highlands prior to September 2002].
3.6 LICAR is linked to the on-line test booking system and the theory test system to authenticate applications for driving tests, populate details of the licence holder to the theory test and record results.
3.7 In addition to amendments to the legislation, LICAR and the Test Booking System will need to be amended to accommodate the proposed changes to licensing of novice drivers/riders. The cost of these changes should be borne by the Comité.
3.8 The Comité has developed law drafting instructions for amending the legislation to require a novice driver/rider to pass a theory test before being granted permission (a provisional licence) to drive on the Island’s roads. The instructions are attached as Appendix 3.8. In approving the Comité’s Proposition, the States requested the Minister to bring forward for approval amendments to the legislation to put this requirement into effect. These law drafting instructions should be forwarded to the Law Draftsman to draft the changes to legislation for the Minister’s approval.
3.9 Some points to note from these instructions include:-
i) There will be persons who have been previously granted a provisional licence and have driven/ridden a vehicle on roads but have not managed to pass a theory test who will be refused a further provisional licence until he/she passes a theory test. (see 17 D and E of the instructions).
ii) Persons who have previously driven but have been disqualified or had his/her licence revoked, will be required to pass a theory test before being granted a provisional licence. (see 17F of the instructions). These persons are being treated differently from others that have held a full driving licence and the instruction appears to contradict 5 in the “Appendix to P.155/2011”. The instructions should be amended such that these persons are not required to pass a theory test before being granted a provisional licence.
iii) The parishes intend to issue a “letter” rather than a “licence”. As mentioned in 19 of the instructions, there is concern that letters might be forged, their condition will deteriorate rapidly, the person should sign the letter (there should be a sample signature on LICAR that it can be checked against) and there should be a period of validity.
iv) While not clear from 21 of the instructions, the requirement should only apply to a person who is a novice driver and so has never held a full driving licence before. It should only apply, therefore, to novices applying for categories P, A1, B or F. Someone who already holds a theory test pass for any category or who has held a full licence in a lower category (eg a category B licence holder applying for a category C), should be granted a provisional licence when they are the age to be granted a licence for that category and should take the theory test after obtaining a provisional licence.
v) As outlined in 22(c) of the instructions, the intention is to incorporate the findings of the Agricultural Tractor Review Group to apply graduated licensing to agricultural tractors in a similar manner to other vehicles. As yet, the Minister has not finally approved the findings of the Review Group, however, it would seem reasonable to approve changing the theory test for an agricultural tractor to that for a goods vehicle rather than a car theory test as at present.
vi) 23 of the instructions require the person to present his/her theory test pass certificate to the parish hall “to have it recorded on LICAR”. This is unnecessary as the result of all theory tests (pass or fail) are automatically recorded on LICAR from the theory test system on completion of the test.
vii) As recorded at 26 of the instructions, a new application form will have to be developed and approved by the Minister or the current driving licence application form will have to be adapted to cater for novice drivers/riders wishing to register with a parish to take a theory test. The Comité should develop a proposal for the Minister’s approval.
viii) Further issues raised by the department are set out in 29 of the instructions. The organisations that maintain LICAR, the theory test system and the test booking system, have been asked to provide estimates of costs for altering the systems to cater for the Comité’s proposal. To date, the costs have not been determined, however, preliminary estimates suggest around £18,000. These costs should be met initially by the Comité. How the Comité recover the costs is for it to decide but interestingly, the Comité intend the registration letter is issued free of charge (despite the costs to the parishes of processing these registrations). It is estimated there are around 900 novice applicants each year. If a similar cost to a provisional licence, less costs of producing a card licence was charged, say £10, it would take two years to recover the costs of the changes. TTS has no funds available to accommodate these changes.
Reviewing the period for renewal of a vocational licence
3.10 The 3rd EU directive on driving licences, which EU countries adopted into their domestic legislation in 2013, sets out the validity of licences for category C (large goods vehicle), category CE (large goods vehicle with trailer), category D (large passenger vehicle) and category DE (large passenger vehicle with trailer) at five years. The directive also lays down the medical standards for someone to hold one of these Group 2 licence categories but leaves it to the national governments to prescribe the time period between medicals or renewal. (See 3.14, etc, below).
3.11 It seems reasonable that (in line with the United Kingdom and other European jurisdictions) Jersey driving licence categories C, CE, D and DE be limited to five years validity and that periodic medical examinations be undergone by applicants wishing to renew these categories at every renewal after the age of 45.
3.12 This will place an additional cost on such applicants (around £60 every five years). However, due to the size of large goods vehicles and the number of passengers carried in large passenger vehicles it is desirable that medicals for drivers of those categories of vehicles be carried out at least every five years from the age of 45 at the time of renewal of the licence. This can be achieved by amending Article 4 (5) of the law.
3.13 As normal retirement age has been reviewed and will change in coming years, it also seems reasonable to increase the age at which persons must renew vocational licences annually. The current age is 66 years old. It is suggested this remains the age for those born before 01 March 1959 and the age increased to 67 for those born after 01 March 1959.
Prescribed diseases
3.14 The Third Directive on driving licences (2006/126/EC) has been implemented in the UK and the rest of the EU. It contains standards for the physical fitness of drivers. The Directive recognises two groups of drivers for medical purposes:-
Group 1 relates to vehicle categories A and B. These include 2 or 3–wheeled vehicles, cars and light vans up to 3.5 tonnes.
Group 2 relates to vehicle categories C, and D (and their sub categories of C1 and D1) these include medium and large lorries and buses.
3.15 The medical licensing standards for Group 2 are more stringent than for Group 1 drivers. The processes and higher medical standards aim to balance the additional risks to road safety presented by the size and weight of the vehicles being driven and the greater time the driver may spend at the wheel in the course of their occupation.
3.16 In 2011, a consultation was issued by the Department for Transport (DfT) on changes to the UK minimum medical standards for vision, diabetes and epilepsy in relation to driving. The document sought views on the implementation of revised medical standards in the UK.
3.17 A total of 132 organisations and individuals commented on the proposals. These included a cross section of interested parties including, Individuals, Advanced Driving Instructors, General Practitioners, Local Government, Optical Organisations, Road Safety Organisations, Medical Charities and Organisation who represent individuals with an interest in the medical fields of vision, diabetes or epilepsy.
3.18 It is proposed that similar medical standards for vision, diabetes and epilepsy are adopted in Jersey as have been introduced in the UK, following the extensive consultation.
3.19 Vision –
- must be able to read (with glasses or contact lenses, if necessary) a prescribed car number plate from 20.5 metres.
- 1must also meet the minimum eyesight standard for driving by having a visual acuity of at least decimal 0.5 (6/12) measured on the Snellen scale (with glasses or contact lenses, if necessary) using both eyes together or, if the person only has sight in one eye, in that eye.
- 1must also have an adequate field of vision.
In addition, Group 2 drivers –
- 1must have a visual acuity at least 0.8 (6/7.5) measured on the Snellen scale in the better eye and at least 0.1 (6/60) on the Snellen scale in the other eye.
- 1can reach this standard using glasses with a corrective power not more than (+) 8 dioptres, or with contact lenses. There’s no specific limit for the corrective power of contact lenses.
- 1must have a horizontal visual field of at least 160 degrees, the extension should be at least 70 degrees left and right and 30 degrees up and down. No defects should be present within a radius of the central 30 degrees.
1these tests would be done by an optician
3.20 Diabetes – while Group 1 drivers with diabetes, whether treated by insulin, tablets or diet, will be referred to a medical practitioner to determine if the applicant can be granted a licence or have his/her licence renewed, a prospective or current Group 2 driver with insulin treated diabetes is currently disqualified from holding a licence to drive a goods vehicle or large passenger vehicle. It is proposed that similar criteria to that adopted in the UK is operated in Jersey. Provided the applicant/licence holder satisfies certain criteria, the person would be granted a licence (but for a reduced period – see 3.). The criteria would include:-
- No episode of hypoglycaemia requiring the assistance of another person in the preceding 12 months;
- Has full awareness of hypoglycaemia;
- Regularly monitors blood glucose at least twice daily and at times relevant to driving;
- Must demonstrate an understanding of the risks of hypoglycaemia;
- There are no other debarring side effects of diabetes such as visual field defects.
3.21 Epilepsy – Group 1 drivers will be identified on application or renewal and are obliged to inform the issuing parish should a seizure occur. There does not seem to be any change for Group 1 drivers. Currently, a person cannot be granted a Group 2 licence if he/she has suffered “an epileptic attack since attaining the age of 5 years”. The additional criteria adopted for Group 2 in the UK and proposed for adoption in Jersey is the driver/applicant:-
- Has been free of epileptic attacks for the last ten years
- Has not taken any anti-epileptic medication during this ten year period
- Does not have a continuing liability to epileptic seizures.
For an isolated seizure, the driver:-
- Has been free of epileptic attacks for the last five years
- Has not taken any anti-epileptic medication during this five year period
- Has undergone a recent assessment by a Neurologist
- Has satisfactory results from investigations.
Licence holder’s continuing fitness to drive
3.22 At present the Connétable of a parish has the power to order a licence holder to re-pass the prescribed driving test if the parish suspects the licence holder has a physical disability. In the event of a non-physical disability e.g. dementia, the Connétable can order the licence holder to undergo a medical examination.
3.23 Where there are no medical concerns evident but there are concerns whether a person remains competent to drive, other than prosecuting a person for driving without due care and attention or without reasonable consideration for other persons using the road, there is no means at present for the authorities to review a person’s continuing competence to drive safely.
3.24 It is proposed to make provision in the Law to allow the Connétable of a parish to serve a Notice whereby:-
(i) Someone with a physical disability must take the practical driving test or undergo a driving assessment2.
(ii) Someone with a disease or non-physical disability must undergo a medical examination, which may, if the Connétable or medical practitioner appointed by the Connétable sees fit, include a driving assessment2 as part of the medical.
(iii) Someone where there are no medical concerns evident but there is concern that their driving could be a source of danger to themselves or the public, must undergo a driving assessment2.
3.25 Where the result of the practical driving test, driving assessment2 or medical examination confirms the person is no longer fit to continue to hold a licence to drive motor vehicles his or her licence authorises the person to drive, the parochial authority should have the power to revoke or limit the licence accordingly. A person aggrieved by the revocation or limitation of his/her licence should have the right of appeal.
3.26 It is expected that the costs of undergoing a medical examination and/or a driving assessment will be borne by the person.
2 A driving assessment would be carried out by suitably qualified persons appointed by the Minister (a suitably qualified person would be an Approved Driving Instructor or Driving Examiner who also holds a Professional Certificate in Driving Assessment and Outdoor Mobility). A driving assessment can determine:-
- whether a person remains competent to drive safely,
- necessary adaptations to a person’s vehicle to allow that person to continue driving safely.
Reviewing the period for renewal for persons with detriorating medical conditions
3.27 There is no provision in the legislation to grant a licence to drive a vehicle for a period less than 10 years. Where a person following a medical examination or having taken a driving assessment, whether as a requirement of the parochial authority for grant or renewal of a licence or having been served a Notice under the law, is found to be fit to hold a licence but there is concern his/her fitness to drive is likely to be compromised within a few years, the licence holder should only be issued a licence for a shorter period than the ten years prescribed in Article 4(4) of the Law.
3.28 It is recommended that provision is made for parochial authorities to grant licences that will remain in force for periods between one and three years where the applicant’s fitness to drive is likely to be compromised.
Other matters
3.29 Prior to the introduction of the plastic credit card style EU Third Directive licence, the pink cardboard licences were renewed every five years. As the period for renewal of these licences has now passed, there is no longer any need for Article 4(11) in the Law, Articles 41(2), 41(5)(b) and 44A of the Order and the relevant fees stated in Schedule 3 of the Order. These items should be removed from the legislation.
3.30 The Minister approves the application form the parochial authorities use for the grant of a driving licence. The parochial authorities wish to add a section in the form whereby an applicant can authorise adding the applicant’s name to the National Health Service organ donor register. The Minister has previously indicated support for this measure and is asked to formally confirm his support.
3.31 The Minister is aware that a new theory test question bank has been developed in conjunction with Guernsey and the Isle of Man. The Isle of Man intends to commission use of the new question bank in September 2014. A full report on introducing the new question bank in Jersey’s theory test will be presented to the Minister, including confirmation that a voice-over version of the questions will be available in English but no other languages. It is suggested that subject to law drafting time being available, introducing the new theory test question bank should coincide with introducing the requirement for novice drivers and riders to have passed a prescribed theory test before being granted a provisional licence.
4 RECOMMENDATION
The Minister is recommended to:-
(i) Agree to the proposed changes to the Road Traffic (Jersey) Law 1956 and The Motor Vehicles (Driving Licences) (Jersey) Order 2003 set out in Section 3 of this report.
(ii) 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.
5 REASON(S) FOR DECISION
- To progress the wishes of the States in approving P.155/2011,
- to harmonise the period for renewal for vocational licences and prescribed diseases with other licensing authorities, particularly the UK,
- to provide more effective means for the issuing authorities addressing the continuing fitness and/or competence to be granted a licence and
- to bring the legislation in respect of driving licences up to date.
6 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.
Written by: Inspector of Motor Traffic
Approved by: Director of Transport
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