Motor Traffic (Amendment No. 8) (Jersey) Law 1965

Jersey Law 4/1965 MOTOR TRAFFIC (AMENDMENT No. 8) (JERSEY) LAW, 1965. ____________ A LAW to amend the Motor Traffic (Jersey) Law, 1935, sanctioned by Order of Her Majesty in Council of the 26th day of FEBRUARY, 1965. ____________ ( Registered on the 2 nd day of April, 1965). ____________ STATES OF JERSEY. ____________ The 13th day of October, 1964. ____________ T HE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 After the definition of “fares” in Article 1 of the Motor Traffic (Jersey) Law, 1935, 1 as amended 2 (hereinafter referred to as the “principal Law”) there shall be inserted the following definition – “ ‘prescribed’ means prescribed by order;”. ARTICLE 2 For Articles 22 to 34 of the principal Law 3 there shall be substituted the following Articles – “ARTICLE 22 (1) Subject to the provisions of this Part of this Law, no motor vehicle shall be used on any route as an omnibus or a char-à-banc except under and in accordance with the terms of a licence granted to the operators of the motor vehicle by the Committee under Article 23 of this Law (in this Law referred to as a “road service licence”) being a licence authorizing the operator to operate an omnibus or a char-à-banc on such a route as that in question. (2) The Committee may by order provide that paragraph (1) of this Article shall not apply to a motor vehicle when used in such circumstances as may be specified in the order and may by Act exempt from the requirements of the said paragraph (1) any particular journey or series of journeys to be made by a motor vehicle. ARTICLE 23 (1) Any application to the Committee for the grant of a road service licence shall contain such particulars as may be prescribed, and, subject to the provisions of this Article and of any relevant orders under Article 24 of this Law, the Committee may either refuse the application or grant the applicant a road service licence for such term as may be specified therein. (2) In exercising its functions under this Article, the Committee shall consider in particular – ( a ) any representation made by the Constable of any Parish in which any part of the proposed route is situated; ( b ) the suitability of the routes on which a service may be provided under the licence; ( c ) the extent, if any, to which the needs of the proposed routes or any of them are already adequately served; ( d ) the extent to which the proposed service is necessary or desirable in the public interest; ( e ) the needs of the Island as a whole in relation to traffic (including the provision of adequate, suitable and efficient services, the elimination of unnecessary services and the provision of unremunerative services); ( f ) any objections or representations made in accordance with any relevant order under Article 24 of this Law. (3) Subject to the provisions of any relevant order under Article 24 of this Law, the Committee may attach to a road service licence such conditions as it may think fit with respect to the matters to which it is required to consider under paragraph (2) of this Article and in particular for securing that – ( a ) copies of the time-table and fare-table shall be carried and shall be available for inspection in vehicles used on the service; ( b ) passengers shall not be taken up or shall not be set down except at specified points or shall not be taken up or shall not be set down between specified points; and generally for securing the safety and convenience of the public. (4) Without prejudice to the generality of paragraph (3) of this Article, a road service licence may include a condition with respect to the fares to be charged in respect of the service to which the licence relates, being those fares or a condition specifying the manner in which those fares are to be determined. (5) The Committee may from time to time vary in such manner as it thinks fit the conditions attached to a road service licence and where the holder of such a licence makes application to the Committee to exercise its powers under this paragraph it shall be the Committee’s duty to consider whether it should exercise those powers. ARTICLE 24 (1) Without prejudice to any other power to make orders conferred by this Part of this Law, the Committee shall by order make provision – ( a ) for requiring, except in such circumstances, if any, as may be specified in the order, publication of notice of the making of any application for the grant, revocation, suspension or variation of a road service licence and for the making of objections or representations with respect to any such application; ( b ) as to the persons entitled to be heard by the Committee at any meeting to consider the grant, revocation, suspension or variation of any such licence; ( c ) for requiring the payment to the Committee in connexion with road service licences or applications relating thereto of such fees determined in such manner as the order may provide. (2) Without prejudice as aforesaid, the Committee may by order make provision – ( a ) as to the form and manner in which any application, objection or representation shall be made to the Committee; ( b ) with respect to the furnishing by persons making an application, objection or representation to the Committee of information or documents relevant thereto; ( c ) with respect to the provision by holders of road service licences of statistical or other information with respect to their operations to which the licence relates ; ( d ) as to the circumstances, if any, in which a road service licence shall or may be transferred or treated as if granted to a person other than the person to whom it was granted ; ( e ) with respect to the surrender for cancellation or variation of road service licences. (3) Any power to make orders conferred by this Part of this Law shall include power to make different provision for different circumstances and to make such incidental or supplementary provision as appears to the Committee necessary or expedient for giving effect to the purposes of this Part of this Law. ARTICLE 25 (1) A road service licence may at any time be revoked, suspended or varied by the Committee where it is satisfied that it is right and proper so to do. (2) The revocation, suspension or variation of a road service licence shall not take effect until the expiration of the period mentioned in Article 26 of this Law for the making of an appeal against the Committee’s decision nor, if an appeal is duly made during that period, until the determination or abandonment of the appeal. ARTICLE 26 (1) Any person who – ( a ) being an applicant for the grant of a road service licence, is aggrieved by the refusal or failure of the Committee to grant the licence, or with any conditions attached thereto ; or ( b ) being a person who has opposed the grant of a road service licence, is aggrieved by the grant thereof or by any condition or by any variation of the conditions attached thereto ; or ( c ) being the holder of a road service licence, is aggrieved by the revocation or suspension thereof by the Committee or by any variation of the conditions attached thereto ; may, within one month of the date of the notification of the decision of the Committee in the matter, appeal to the Inferior Number of the Royal Court, either in term or in vacation, and the decision of the Court shall be final and conclusive and shall not be subject to appeal to any other court. (2) Notwithstanding anything contained in any road service licence, where any person who has applied for a new road service licence in substitution for a licence held by him and in force at the date of his application appeals to the court on the ground that his application has been refused, the existing licence shall continue in force until the appeal has been disposed of, without prejudice to the powers of the Committee under Article 25 of this Law. ARTICLE 27 (1) If a motor vehicle is used on any route in contravention of paragraph (1) of Article 22 of this Law, the operator of the vehicle shall be guilty of an offence and shall be liable to a fine not exceeding one hundred pounds or in the case of a second or subsequent offence to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. (2) If any person, in furnishing any information for the purposes of this Part of this Law or of any order made thereunder, furnishes any information which to his knowledge is false in any material particular or recklessly furnishes any information which is false in any material particular, he shall be guilty of an offence and shall be liable to a fine not exceeding fifty pounds or in the case of a second or subsequent offence to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. (3) If any person fails without reasonable cause to comply with any requirement duly made of him under this Law to surrender a road service licence for cancellation or variation, he shall be guilty of an offence and shall be liable to a fine not exceeding ten pounds. (4) Where an offence under this Article committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of; any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.” ARTICLE 3 In Article 49A of the principal Law 4 for the words “Articles 14, 24 and 26” there shall be substituted the words “Article 14”. ARTICLE 4 In paragraph (1) of Article 54 of the principal Law 5 the words “and for prescribing anything which may be prescribed under this Law” are hereby repealed. ARTICLE 5 This Law may be cited as the Motor Traffic (Amendment No. 8) (Jersey) Law, 1965. A.D. LE BROCQ, Greffier of the States. 1 Tome VII, page 456. 2 Tome 1961–1962, page 584. 3 Tome VII, pages 467–475, Tome 1939–1945, page 103 et Tome 1949–1950, pages 252 et 253. 4 Tome 1957-1960, page 93. 5 Tome VII, page 486.