Commercial Vehicles (Licensing of Operators) (Jersey) Law 2022

Commercial Vehicles (Licensing of Operators) (Jersey) Law 2022 Contents Article 1 Interpretation . 3 2 Meaning of “relevant vehicle” . 4 3 Requirement to hold an operator’s licence . 5 4 Application and grant of operators’ licences . 6 5 Licence conditions . 7 6 Register of licence holders and form of operator’s licence . 8 7 Variation of operators’ licences . 9 8 Duty to notify convictions and bankruptcy etc . 10 9 Provision of documents and other information to the Inspector . 11 10 Power to enter and inspect operating premises and examine business documents 11 11 Powers to inspect vehicles . 13 12 Obstructing an authorised person . 13 13 Notices requiring cessation of unauthorised use . 14 14 Revocation and suspension of an operator’s licence . 15 15 Further action including disqualification following revocation of licence . 16 16 Action relating to transport manager . 17 17 Appeals . 18 18 Offences relating to forgery and false statements . 20 19 Transfer of licences on death, transfer of business etc. 20 20 Holding companies, subsidiaries and other bodies . 21 21 Liability relating to offences . 21 22 Regulations and Orders . 22 23 Guidance . 22 24 Transitional provisions . 22 25 Citation and commencement . 23 Schedule 24 qualifications for licence holders and transport managers 24 1 Good Repute . 24 2 Professional competence . 25 Commercial Vehicles (Licensing of Operators) (Jersey) Law 2022 A LAW to make provision for licensing operators of specified commercial vehicles and related purposes. Adopted by the States 9th February 2022 Sanctioned by Order of Her Majesty in Council 11th May 2022 Registered by the Royal Court 20th May 2022 Coming into force in accordance with Article 25 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation ( 1 ) In this Law – “ administration of the States” means – ( a ) any Minister; ( b ) a department established on behalf of the States; or ( c ) a body, office or unit of administration, established on behalf of the States (including under an enactment ); “ authorised person” means a traffic officer or any other person, whether or not a States employee, authorised by the Inspector for the purposes of this Law; “ business document”, in relation to a licence holder, means any document or record in any form which relates to the licence holder’s transport business; “ commercial use” in relation to a relevant vehicle, means use of the vehicle on a road by a person – ( a ) in the course of any trade or business; or ( b ) carrying out any function for or on behalf of a parish or an administration of the States; “function” includes a power or a duty whether or not exercised under a statutory provision; “goods vehicle” means a motor vehicle, other than a passenger vehicle, constructed or adapted for the carriage or haulage of goods or load of any description including live animals; “Inspector” means the Inspector of Motor Traffic appointed under Article 2 of the Motor Traffic (Jersey) Law 1935 ; “ licence holder” means a person who holds an operator’s licence; “Minister” means the Minister for Infrastructure; “ motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; “ operating premises”, in relation to a licence holder, means any premises – ( a ) to which the licence holder can control access; and ( b ) which are at an address referred to in Article 4(4) and specified as “operating premises” in a licence under Article 6(2)(b ); “operator’s licence” means a licence granted under Article 4(6); “ passenger vehicle” means a motor vehicle which is constructed solely to carry passengers and their personal belongings; “prescribe” means prescribe by Order; “ relevant conviction” means a conviction specified in paragraph 1(2) of the Schedule; “ relevant offence” means an offence specified in paragraph 1(2) of the Schedule; “ relevant vehicle” has the meaning in Article 2; “road” means a road which – ( a ) is repairable at the expense of the States or a parish; or ( b ) the States or a parish has powers to maintain; “States’ employee” has the same meaning as in the Employment of States of Jersey Employees (Jersey) Law 2005 ; “ traffic officer” means any of the following appointed under Article 2 of the Motor Traffic (Jersey) Law 1935 – ( a ) the Inspector; ( b ) the Deputy Inspector of Motor Traffic; or ( c ) a Traffic Officer; “ transport business” means a business which involves the commercial use of relevant vehicles; “ transport manager”, in relation to the transport business of any person, means the individual who has continuous and effective responsibility for the management of that business in so far as it relates to the commercial use of relevant vehicles under an operator’s licence. ( 2 ) The States may, by Regulations, amend this Article. 2 Meaning of “relevant vehicle” ( 1 ) In this Law a “relevant vehicle” is either of the following – ( a ) a goods vehicle with a maximum gross weight exceeding 3.5 tonnes; ( b ) a trailer, including a semi-trailer, the unladen weight of which exceeds 1,020 kilogrammes. ( 2 ) In paragraph (1) – ( a ) “maximum gross weight” means the weight of the vehicle laden with the heaviest load which it is constructed or adapted to carry; ( b ) “semi-trailer” means a trailer attached to an articulated goods vehicle, that is a motor vehicle which is so constructed that a trailer designed to carry goods may by partial superimposition be attached to it in such manner as to cause a substantial part of the weight of the trailer to be borne by the motor vehicle; ( c ) “unladen weight” means any weight of a trailer inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the trailer when working on a road, but exclusive of loose tools and loose equipment. ( 3 ) Subject to paragraph (3), the States may, by Regulations, amend this Article so as to – ( a ) change the description of vehicle to which this Law applies, including adding new descriptions of vehicle; and ( b ) make such other amendments to this Law as are necessary or expedient resulting from any such change. 3 Requirement to hold an operator’s licence ( 1 ) Subject to paragraphs (2) and (3), a person must not commercially use a relevant vehicle on a road. ( 2 ) The prohibition in paragraph (1) does not apply if the person uses the vehicle under an operator’s licence which is in force at the time of use. ( 3 ) Paragraph (1) does not apply to a person using – ( a ) an agricultural tractor; or ( b ) a vehicle of a prescribed description. ( 4 ) A person who uses a vehicle in breach of paragraph (1) commits an offence and is liable to a fine of level 3 on the standard scale. ( 5 ) For the purposes of paragraph (2), a person uses a vehicle under an operator’s licence if the person is specified in the licence either individually or by description, which may be general or particular, and – ( a ) the vehicle is specified in the licence by its make, model and registration number; or ( b ) the vehicle is in the lawful possession of the person and the total period for which the vehicle is in use by persons specified or described in the licence does not exceed 7 days, regardless of how many such persons use it during that period. ( 6 ) The Minister may, by Order, amend the period specified in paragraph (5)(b). ( 7 ) For the purposes of paragraph (3) – “ agricultural tractor” means a motor tractor which – ( a ) is designed and used primarily for work in connection with agriculture; ( b ) is driven on a road only when proceeding to and from the site of such work; and ( c ) when so driven hauls nothing more than land implements or a trailer used for agricultural purposes; “ motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry any load, other than water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment and the weight of which unladen does not exceed 7370 kilogrammes. 4 Application and grant of operators’ licences ( 1 ) A person may make an application for an operator’s licence to the Inspector in accordance with this Article. ( 2 ) An application must – ( a ) be in such form as the Inspector may from time to time determine; ( b ) include such information and documents as the Inspector may require relating to the applicant and the applicant’s transport business and verified in such manner as the Inspector may require; and ( c ) be accompanied by such fee as may be prescribed. ( 3 ) The application must include – ( a ) the name of the proposed transport manager; and ( b ) any information that the Inspector reasonably requires to enable the Inspector to determine the application, including – ( i ) any undertakings or declarations by the applicant or the proposed transport manager relating to the applicant’s transport business, and ( ii ) any undertakings or declarations by the proposed transport manager relating to the matters referred to in paragraph (5)(a) to (d). ( 4 ) Without prejudice to the generality of the paragraphs (2) and (3), the application must include an address (which may be more than one) – ( a ) for sending correspondence relating to the applicant’s transport business; ( b ) where records relating to the transport business are kept; ( c ) where vehicles used in connection with the transport business are normally kept; and ( d ) where maintenance of those vehicles is undertaken to ensure that they are used in a fit and serviceable condition. ( 5 ) Without prejudice to the generality of paragraphs (2) and (3), information, undertakings and declarations required under those paragraphs may include declarations and undertakings by the proposed transport manager relating to the following matters – ( a ) the duties and responsibilities of the transport manager; ( b ) the maximum number of vehicles under the transport manager’s management, whether under one or more licences granted under paragraph (6 ); ( c ) the maximum number of licence holders whose transport businesses the transport manager is permitted to manage; and ( d ) any other matter which appears relevant to the Inspector. ( 6 ) The Inspector must grant an operator’s licence to an applicant if satisfied that – ( a ) the application is made in accordance with this Article; ( b ) the applicant and, if not the same person, the proposed transport manager, is of good repute as determined in accordance with the Schedule; ( c ) the proposed transport manager ( whether or not the same person as the applicant) is professionally competent as determined in accordance with the Schedule; and ( d ) having regard to the scale and size of the applicant’s transport business, there are satisfactory facilities and arrangements for maintaining the vehicles used for that business in a fit and serviceable condition. ( 7 ) If, having considered an application, the Inspector is not satisfied of the matters referred to in paragraph (6), the Inspector must refuse the application. ( 8 ) Subject to its revocation or termination under any provision of this Law, an operator’s licence continues in force for such period as the Inspector considers appropriate and is specified in the licence, such period not exceeding 5 years. ( 9 ) If a licence holder requests the Inspector to terminate the holder’s operator’s licence, the Inspector must comply with the request subject to paragraph (10). ( 10 ) The Inspector may refuse to comply with the request if the Inspector is taking, or considering whether to take, action in respect of the operator’s licence under Article 14. ( 11 ) The Minister may, by Order, amend the Schedule. 5 Licence conditions ( 1 ) An operator’s licence under Article 4 is granted subject to – ( a ) the condition that the licence holder pays such annual fee as the Minister may prescribe, such fee to be determined with reference to the number of vehicles comprised in the licence holder’s transport business; ( b ) such standard conditions as are applicable to that licence on the date that the licence is granted; and ( c ) any other condition under paragraph (5). ( 2 ) Standard conditions must be approved by the Minister and may be varied by the Minister after such consultation as the Minister considers appropriate. ( 3 ) If standard conditions are varied under paragraph (2) following the grant of a licence – ( a ) the varied conditions must be notified to the licence holder; and ( b ) the licence is subject to the varied conditions (without prejudice to the Inspector’s powers of variation under Article 7). ( 4 ) In approving standard conditions for the purposes of this Article, different conditions may apply to different descriptions of licence with reference to such criteria as may be determined by the Minister. ( 5 ) The Inspector may, having regard to the particular circumstances of an applicant’s transport business, grant a licence subject to such other conditions, including any variations of standard conditions, that the Inspector thinks appropriate. ( 6 ) Conditions under this Article may relate to such matters as the Minister or the Inspector , as the case may be, thinks expedient, and, in particular, may relate to any of the following – ( a ) safety checks and inspections of vehicles; ( b ) keeping of records; ( c ) requirements relating to the transport manager including any requirements relating to a written contract between the transport manager and the licence holder; ( d ) requirements on drivers to report defects or suspected defects in vehicles; ( e ) requirements relating to maintenance of vehicles in roadworthy condition, including facilities for maintenance; ( f ) prior notification of changes to the licence holder’s transport business ( g ) inspections by the Inspector at any operating premises; ( h ) inspections by the Inspector of any vehicle used for the licence holder’s transport business; ( i ) provision of records and other information to the Inspector at such times as may be required by the Inspector. ( 7 ) Subject to paragraph (8), if a condition attached to an operator’s licence is breached, the licence holder commits an offence and is liable to a fine of level 3 on the standard scale. ( 8 ) The Inspector may temporarily dispense with the requirement to comply with any condition attached to an operator’s licence if the Inspector is satisfied that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached under this Article or varied under Article 7, as the case may be . 6 Register of licence holders and form of operator’s licence ( 1 ) The Inspector must maintain a register of licence holders. ( 2 ) Each licence and each entry in the register in relation to the licence holder must specify – ( a ) the name and address of the licence holder and, if different, the transport manager; ( b ) the address of each operating premises which may be used under the operator’s licence; ( c ) the registration mark, make and model number of each vehicle which is specified in the licence for the purposes of allowing its use under Article 3(5)(a ); ( d ) the conditions to which the operator’s licence is subject; ( e ) any undertakings and declarations given by the licence holder and transport manager under Article 4(3) and (5 ); ( f ) the date on which the operator’s licence comes into force and its expiry date; and ( g ) such other matters as the Inspector may deem appropriate. ( 3 ) The Inspector may determine the form, which may be electronic, of the register and each licence. ( 4 ) The Inspector must ensure that a list of the names of all licence holders is published on a publicly accessible website maintained by the Government of Jersey. ( 5 ) In paragraph (4), “licence holder” includes a person whose licence is suspended under Article 14. 7 Variation of operators’ licences ( 1 ) On the application of a licence holder and on payment of such fee as the Minister may prescribe, the Inspector may vary the licence holder’s operator’s licence with respect to any of the following matters so that – ( a ) relevant vehicles are added to or deleted from the licence; ( b ) a new place is specified in the licence as operating premises or an existing place so specified is deleted; ( c ) any condition attached to the licence is varied or cancelled; ( d ) any undertaking recorded in the licence is relaxed or cancelled; ( e ) a new undertaking is given; ( f ) any particulars in the licence are corrected. ( 2 ) The applicant for a variation under paragraph (1) must give the Inspector such information and in such form as the Inspector may reasonably require for the disposal of the application. ( 3 ) The Inspector may, of the Inspector’s own volition, give notice to a licence holder of the Inspector’s intention to vary a licence with respect to any of the matters referred to in paragraph (1). ( 4 ) Subject to paragraph (5) a notice under paragraph (3) must give the licence holder adequate opportunity to make representations with respect to the proposed variation. ( 5 ) Paragraph (4) does not apply where the Inspector considers that it is not practicable to give a licence holder an opportunity to make representations because the circumstances are such that the variation is urgently required. ( 6 ) The Inspector may, by written notice to the licence holder – ( a ) vary a licence in such manner as the Inspector thinks fit following receipt of an application under paragraph (1) or following a notice given under paragraph (3) and, where applicable, consideration of any representations under paragraph (4); or ( b ) refuse to vary a licence following receipt of an application under paragraph (1). ( 7 ) Paragraph (8) applies if the Inspector – ( a ) refuses to vary a licence following an application under paragraph (1); or ( b ) varies a licence following a notice given under paragraph (3) or other than as requested in an application under paragraph (1). ( 8 ) The Inspector must give the licence holder a statement of reasons for the decision in the notice under paragraph (6) and set out, in that notice, the person’s right of appeal under Article 17. ( 9 ) For the avoidance of doubt, the Inspector may vary a standard condition with respect to a licence holder having regard to the particular circumstances of that licence holder. 8 Duty to notify convictions and bankruptcy etc ( 1 ) An applicant for an operator’s licence must notify the Inspector in writing if the applicant or any of the persons referred to in paragraph (2) is convicted of a relevant offence during the period between the date the application is made and the date that the application is finally determined (including any appeal). ( 2 ) Those persons are – ( a ) a director (or any person in an equivalent position) or partner of the applicant where the applicant is not an individual; ( b ) the person proposed to be engaged as the transport manager. ( 3 ) A licence holder must notify the Inspector in writing if the licence holder or transport manager is convicted of a relevant offence. ( 4 ) A licence holder must notify the Inspector in writing if an employee, office holder or other person working for the licence holder is convicted of a relevant offence committed in the course of the licence holder’s transport business. ( 5 ) A notice given under paragraph (1), (3) or (4) must be given – ( a ) no later than 7 days after the conviction in the case of a conviction of the licence holder or the transport manager of the licence holder; or ( b ) no later than 7 days after the conviction has come to the licence holder’s knowledge in the case of any other person. ( 6 ) If a licence holder becomes bankrupt or subject to any other judicial arrangements consequent upon insolvency, the licence holder must notify the Inspector within 7 days after the event. ( 7 ) A person who fails to comply with paragraph (1), (3), (4) or (6) is guilty of an offence and liable on conviction to a fine of level 2 on the standard scale. 9 Provision of documents and other information to the Inspector ( 1 ) An authorised person may, by notice in writing served on a licence holder, require the licence holder to provide the authorised person at such time or at such intervals in respect of such period as may be specified in the notice, with such information or documents as the Inspector may reasonably require for the purpose of determining whether the terms of a licence, including any undertakings that form part of the licence, are complied with. ( 2 ) The power under paragraph (1) includes a power to require the production of documents from any person who appears to be in possession of them. ( 3 ) Where any person from whom production is required under paragraph (2) claims a lien on documents produced by that person, the production is without prejudice to the lien. ( 4 ) The power under this Article to require a licence holder or other person to produce any documents includes power – ( a ) to take copies of documents that are produced; ( b ) to require an explanation of any documents that are produced; and ( c ) if the documents are not produced, to require the person who was required to produce them to state, to the best of that person’s knowledge or belief, where, or in whose possession, they are. ( 5 ) Any person who, without reasonable excuse, fails to comply with a requirement imposed on the person under this Article commits an offence and is liable to imprisonment for a term of 6 months and to a fine of level 3 on the standard scale. ( 6 ) Nothing in this Article requires the disclosure or production by a person to an authorised person of information or documents which he or she would, in an action in a court, be entitled to refuse to disclose on grounds of legal professional privilege. ( 7 ) A person who intentionally alters, suppresses or destroys any document that has been specified in a notice under paragraph (1) commits an offence and is liable to imprisonment for a term of 2 years and to a fine. 10 Power to enter and inspect operating premises and examine business documents ( 1 ) An authorised person may – ( a ) enter and inspect any operating premises; and ( b ) examine and seize any business document, including a copy of any such document, that is located at any operating premises. ( 2 ) The power under paragraph (1) may be exercised only for the purpose of determining whether the terms of a licence are complied with. ( 3 ) The power under paragraph (1) to enter any operating premises may be exercised – ( a ) without a warrant if the licence holder or transport manager consents to such entry; or ( b ) with a warrant issued under paragraph (5). ( 4 ) An authorised person may by notice require any person to produce any specified business document at the operating premises where the business document is located for the purpose of enabling the authorised person to exercise the power under paragraph (1) in relation to that document. ( 5 ) Following an application by the Inspector or the Attorney General supported by information given on oath, the Bailiff or a Jurat may issue a warrant authorising any authorised person to enter any premises specified in the warrant for the purpose of exercising the power under paragraph (1) if the Bailiff or Jurat is satisfied of any of the following – ( a ) that – ( i ) access was demanded by the authorised person at a reasonable hour and was unreasonably refused or, although entry to the premises was granted, the person in control of the premises unreasonably refused to allow the authorised person to exercise any of the powers under paragraph (1), and ( ii ) the person in control of the premises has, after the refusal, been notified by the authorised person of the application for the warrant and has had an opportunity of being heard by the Bailiff or Jurat on the question of whether or not it should be issued; ( b ) that the case is one of urgency and that compliance with sub-paragraph (a) would defeat the object of entry; or ( c ) that the premises are unoccupied, or unlawfully occupied, and compliance with sub-paragraph (a) is not reasonably practicable. ( 6 ) An authorised person executing a warrant may use such reasonable force as may be necessary. ( 7 ) A warrant must be executed at a reasonable hour unless it appears to the authorised person executing it that there are grounds for suspecting that the specified business document in question would not be found if it were so executed. ( 8 ) If the premises in respect of which a warrant is issued are occupied and the person in control of the premises or any other person acting on that person’s behalf is present when the warrant is executed, the authorised person executing it must – ( a ) show the warrant to that person and supply that person with a copy of it; or, ( b ) if no such person is present, leave a copy of it in a prominent place. ( 9 ) An authorised person seizing any document, whether or not in pursuant of a warrant, must give a receipt for it if asked to do so. ( 10 ) Any document seized under paragraph ( 1)( b may be retained for so long as is necessary in all the circumstances but the person in control of the premises in question must be given a copy of anything that is seized if – ( a ) the person so requests; and ( b ) the authorised person executing the warrant considers that the copy can be done without undue delay. ( 11 ) An authorised person must not exercise the powers under this Article in respect of any document which a person would, in an action in a court, be entitled to refuse to disclose or produce on the grounds of legal professional privilege. 11 Powers to inspect vehicles ( 1 ) An authorised person may, at any reasonable hour, inspect any relevant vehicle used for the purposes of a licence holder’s transport business for the purpose of determining whether the terms of the licence holder’s licence are complied with. ( 2 ) An inspection under paragraph (1) may take place – ( a ) on any operating premises; or ( b ) at such other place suitable for inspecting the vehicle as may be specified by the authorised person. ( 3 ) Where an inspection takes place on operating premises, an authorised person has power to enter the operating premises as if Article 10 applied, subject to any necessary modifications, and references in those paragraphs to Article 10(1) were to paragraph (2)(a) of this Article. ( 4 ) Where an inspection takes place at a place described in paragraph (2)(b), an authorised person may, by written notice, require a licence holder to arrange for a vehicle to be brought at any reasonable hour to that place for inspection. 12 Obstructing an authorised person ( 1 ) A person commits an offence if, without reasonable excuse, the person – ( a ) obstructs an authorised person in the exercise of the authorised person’s powers under Article 10 or 11; ( b ) fails to provide such reasonable assistance as an authorised person may require when the authorised person is exercising his or her powers under Article 10 or 11; ( c ) fails to bring a vehicle to such place as is required under Article 11(4). ( 2 ) A person who intentionally alters, suppresses or destroys any business document that has been specified in a notice under Article 10(4) commits an offence. ( 3 ) A person who commits an offence under paragraph (1) is liable to imprisonment for a term of 6 months and to a fine of level 3 on the standard scale. ( 4 ) A person who commits an offence under paragraph (2) is liable to imprisonment for a term of 2 years and to a fine. 13 Notices requiring cessation of unauthorised use ( 1 ) If the Inspector reasonably believes that a person is commercially using a vehicle in breach of Article 3, the Inspector may serve a notice requiring the immediate cessation of that use. ( 2 ) If the Inspector reasonably believes the commercial use of a vehicle under a licence is likely to be a source of danger to the public, the Inspector may serve a notice requiring the immediate cessation of that use. ( 3 ) A notice under paragraph (1) or (2) must – ( a ) specify the vehicle (which may be more than one) to which the notice applies; and ( b ) give reasons for the notice. ( 4 ) A notice under paragraph (1) may be served by a traffic officer on any person who appears to the traffic officer to be responsible for the commercial use of the vehicle. ( 5 ) A notice under paragraph (2) may be served by a traffic officer on the licence holder or transport manager only. ( 6 ) A traffic officer or police officer may, at any reasonable hour, enter any operating premises of the licence holder, or where there is no licence holder, premises where the vehicle which is the subject of the notice is kept, for the purpose of serving a notice under paragraph (1) or (2). ( 7 ) Any person on whom a notice is served under this Article is responsible for ensuring compliance with the notice. ( 8 ) The Inspector may, at any time, cancel a notice served under paragraph (1) or (2) and must notify the recipient of the notice accordingly. ( 9 ) A person who, without reasonable excuse, obstructs a traffic officer or police officer in the exercise of the officer’s powers under paragraph (6), commits an offence and is liable to imprisonment for a term of 6 months and to a fine of level 3 on the standard scale. ( 10 ) If a person on whom a notice under paragraph (1) or (2) has been served does not ensure compliance with the notice as required by paragraph (7), the Inspector may apply to the Royal Court for an order requiring the person to so comply. ( 11 ) On an application under paragraph (10) the Royal Court may – ( a ) make an order – ( i ) confirming or varying the terms of the notice and requiring the person to ensure compliance with the notice within such period as the Royal Court specifies, or ( ii ) dismissing the application; and ( b ) make such other consequential order, including as to costs, as it thinks fit. ( 12 ) Before a notice is served under paragraph (1) or (2), the Inspector may apply ex parte to the Royal Court for an order that the notice take effect as an interim injunction. ( 13 ) On an application under paragraph (12) the Royal Court may grant an interim injunction on such terms as it thinks fit. ( 14 ) Where an interim injunction is granted, the Royal Court must order that the notice under paragraph (1) or (2) is served by the Viscount together with the interim injunction, and the order must specify the date on which the proceedings are returnable in the Royal Court. ( 15 ) On the hearing of the application to confirm the interim injunction, the Royal Court may – ( a ) confirm or lift the interim injunction on such terms as it thinks fit; ( b ) make such order relating to the notice as it is empowered to make under paragraph (11 ); ( c ) dismiss the application; ( d ) make such other consequential order, including as to costs, as it thinks fit. 14 Revocation and suspension of an operator’s licence ( 1 ) The Inspector may, on any ground specified in paragraph (2), revoke an operator’s licence or suspend an operator’s licence for such period as the Inspector determines. ( 2 ) The grounds for action under paragraph (1) are – ( a ) that the licence holder or transport manager no longer satisfies the requirements of Article 4(6)(b) or (c ); ( b ) that the licence holder or any person on behalf of the licence holder, including the transport manager, has made a false statement, forged any document or withheld any material information for the purpose of any of the following – ( i ) obtaining the operator’s licence, ( ii ) obtaining a variation of the operator’s licence, ( iii ) preventing the variation of the operator’s licence by the Inspector, or ( iv ) preventing the imposition of a condition or other term of the licence; ( c ) a condition of the licence has not been met; ( d ) an undertaking given by the applicant or transport manager under Article 4(3) or (5) has not been complied with; ( e ) that there has been a material change in any of the circumstances of the licence holder which is relevant to the grant of the licence; ( f ) that the licence holder or transport manager has persistently failed to maintain the vehicles used under the operator’s licence in a fit and serviceable condition; ( g ) that the licence holder has become bankrupt or subject to any other judicial arrangements consequent upon insolvency; ( h ) that a person in respect of whom a notification must be given under Article 8 has a relevant conviction. ( 3 ) Subject to paragraph (5), the Inspector must not take action under paragraph (1) unless the Inspector has given notice in accordance with paragraph (4). ( 4 ) The notice must state the grounds on which the Inspector is considering taking action and – ( a ) invite the licence holder to make written representations with respect to those grounds; and ( b ) state that any such representations must be received by the Inspector, except where paragraph (5) applies, no later than 21 days after the date of the notice or such longer period as the Inspector may allow. ( 5 ) In exceptional circumstances the Inspector may require representations to be received in such shorter period as is specified in the notice and must provide written reasons for the requirement in the notice. ( 6 ) If the Inspector decides to revoke a licence under this Article, the Inspector may direct that the revocation must not take effect for such period as appears to the Inspector to be reasonably required to enable the operations carried on under the licence to be transferred to another person authorised under an operator’s licence to carry them on. ( 7 ) If a licence is suspended or revoked under this Article, the Inspector may, if the Inspector considers that it is in the public interest to do so, issue a public statement giving notice of the suspension or revocation and the reasons for it. ( 8 ) A statement must not be issued under paragraph (7) unless any appeal against the decision to revoke or suspend has been finally determined or the period for making an appeal has expired. 15 Further action including disqualification following revocation of licence ( 1 ) Where under Article 14, the Inspector revokes an operator’s licence, the Inspector may by written notice disqualify the licence holder from holding or obtaining an operator’s licence either indefinitely or for such period as the Inspector thinks fit. ( 2 ) If a person applies for or obtains an operator’s licence whilst disqualified under paragraph (1), the person commits an offence and is liable on conviction to a fine of level 3 on the standard scale. ( 3 ) Any registration made in respect of a person disqualified under paragraph (1) or a licence issued to that person is void. ( 4 ) Where the Inspector disqualifies a person under paragraph (1) (“disqualified person”), the Inspector may direct that at any time or during such period as the Inspector may specify, either or both of the following is liable to action under Article 14 – ( a ) a company which holds an operator’s licence (“licensed company”) if – ( i ) the disqualified person is a director of the company or holds a controlling interest in the licensed company, or ( ii ) the disqualified person is a director of a company or holds a controlling interest in a company (“company A”) and the licensed company is a subsidiary of company A; ( b ) a person who – ( i ) holds an operator’s licence, and ( ii ) commercially uses relevant vehicles in partnership with the disqualified person. ( 5 ) The powers conferred by paragraphs (1) and (4) in relation to a person who is or was a licence holder may be exercised also – ( a ) where the licence holder was a company, in relation to any director of that company; and ( b ) where the licence holder used relevant vehicles in partnership with other persons, in relation to any of those other persons. ( 6 ) References in paragraphs (2), (3) and (7) to paragraph (1) or (4) include a reference to that paragraph as it applies by virtue of paragraph (5). ( 7 ) The Inspector may at any time – ( a ) cancel a disqualification under paragraph (1 ); ( b ) cancel any direction given under paragraph (4 ); ( c ) vary the disqualification under paragraph (1) or any direction under paragraph (4). ( 8 ) In this Article – ( a ) “controlling interest” means 51% or more of the ordinary share capital of a company; ( b ) “subsidiary” has the same meaning as in Article 2 of the Companies (Jersey) Law 1991 . 16 Action relating to transport manager ( 1 ) This Article applies if the Inspector considers that a transport manager – ( a ) is not a person of good repute; ( b ) is not professionally competent; ( c ) has breached any undertaking given by the transport manager for the purposes of obtaining a licence or a variation of a licence. ( 2 ) Where this Article applies, the Inspector may by written notice disqualify the transport manager from acting as a transport manager – ( a ) indefinitely or for such period as the Inspector thinks fit; and ( b ) in respect of transport businesses generally or transport businesses operated by one or more named persons. ( 3 ) The Inspector must not take action under paragraph (2) unless the Inspector has given notice to the transport manager in accordance with paragraph (4). ( 4 ) The notice must state the grounds on which the Inspector is considering disqualification and – ( a ) invite the transport manager to make written representations with respect to those grounds; ( b ) state that any such representations must be received by the Inspector no later than 21 days after the date of the notice, or such longer period as the Inspector may allow. ( 5 ) The Schedule applies for the purposes of paragraph (1)(a) and (b). ( 6 ) As long as a person is disqualified under paragraph (1), that person must not be named as the transport manager in a licence under Article 6. ( 7 ) If a person acts as a transport manager in contravention of a notice under paragraph (1), the person commits an offence and is liable on conviction to a fine of level 3 on the standard scale. ( 8 ) The Inspector may at any time cancel or vary a disqualification under paragraph (1). 17 Appeals ( 1 ) In this Article – ( a ) “Appeal Body” means the persons appointed under paragraph (6) and, if applicable, the President of the Law Society under paragraph (7 ); ( b ) “decision” means any of the following – ( i ) the refusal of an application for an operator’s licence under Article 4(7), ( ii ) the imposition of a condition under Article 5(5), ( iii ) the refusal of an application to vary an operator’s licence under Article 7(7)(a), ( iv ) the variation of a licence under Article 7(7)(b), ( v ) a notice requiring cessation of unauthorised use under Article 13, ( vi ) a revocation or suspension of a licence under Article 14, ( vii ) a disqualification or direction under Article 15, ( viii ) a disqualification of a transport manager under Article 16; ( c ) “Law Society” means the Law Society of Jersey; ( d ) “ordinary member” has the meaning given in the Law Society’s Bye-Laws . ( 2 ) A decision must include written reasons for the decision. ( 3 ) A person who dissatisfied with a decision may appeal to the President of the Law Society against the decision within 21 days of the date of the decision or within such longer period as the President of the Law Society may allow. ( 4 ) An appeal under paragraph (3) must – ( a ) state the reasons for the appeal having regard to any matter of fact or law; ( b ) be copied to the Inspector and to the Minister. ( 5 ) Following receipt of the appeal under paragraph (4), the President of the Law Society must, as soon as reasonably practicable and subject to paragraph (7), appoint 3 individuals from the list referred to in paragraph (6) to determine the appeal. ( 6 ) The President of the Law Society of Jersey must keep a list of the names of ordinary members who are willing to be invited to be a member of an Appeal Body. ( 7 ) If 3 individuals are not available to form an Appeal Body from the list kept under paragraph (6) – ( a ) the President of the Law Society may be a member of the Appeal Body; ( b ) there must be no fewer than 2 members of the Appeal Body; ( c ) if there are only 2 members of the Appeal Body, the President of the Law Society must decide which member must make a final determination in deciding the appeal in the event of a disagreement between the members. ( 8 ) The Appeal Body may follow such procedure as it thinks appropriate for determining the appeal, including deciding to what extent to give any person affected by the decision the opportunity to make representations, but must, in any event, give the appellant adequate opportunity to make representations. ( 9 ) The members of the Appeal Body must receive such remuneration and expenses as the Minister, after consultation with the President of the Law Society, determines is appropriate and has been notified to the President prior to the appointment of an Appeal Body. ( 10 ) In determining an appeal, the Appeal Body may – ( a ) vary or substitute the decision; ( b ) uphold the decision; or ( c ) rescind the decision. ( 11 ) The Appeal Body must notify the appellant and the Inspector of its determination under paragraph (10) and the reasons for it and the Minister must ensure that the determination is published on a publicly accessible website maintained by the Government of Jersey. ( 12 ) Subject to paragraph (14), the appellant and Inspector must comply with any determination made by the Appeal Body. ( 13 ) Following a notification under paragraph (11), the appellant may, within 21 days of the date of that notification, appeal to the Royal Court against that determination on any matter of fact or law. ( 14 ) In determining an appeal under paragraph (13), the Royal Court may – ( a ) vary or substitute the Appeal Body’s determination; ( b ) uphold the Appeal Body’s determination; ( c ) rescind the Appeal Body’s determination; or ( d ) make such other order as the Royal Court thinks fit. ( 15 ) An appeal under paragraph (3) or (13) does not have the effect of suspending the decision which is the subject of the appeal subject to any Order (whether interim or otherwise) by the Royal Court on application by the appellant to the Royal Court. ( 16 ) An application under paragraph (15) may be made at any time by the appellant following an appeal under paragraph (3) or (13). ( 17 ) The power to make Rules of Court under Article 13 of the Royal Court (Jersey) Law 1948 includes power to make rules of court for the purpose of this Article. ( 18 ) The States may, by Regulations, amend this Article. 18 Offences relating to forgery and false statements ( 1 ) This Article applies to – ( a ) an operator’s licence; ( b ) any document or other thing evidencing the authorisation of any person for any purpose of this Law; ( c ) a certificate of competence, diploma or other qualification referred to in paragraph 2(3) of the Schedule. ( 2 ) In this Article “forge” means to make a false document or other thing to which this Article applies in order that it may be used as genuine. ( 3 ) A person must not do any of the following with intent to deceive – ( a ) forge, alter or use a document or other thing to which this Article applies; ( b ) lend to, or allow to be used by, any other person a document or other thing to which this Article applies; ( c ) make or have in his or her possession any document or other thing so closely resembling a document or other thing to which this Article applies as to be calculated to deceive. ( 4 ) A person who contravenes paragraph (3) commits an offence and is liable to imprisonment for a term of 2 years and a fine. ( 5 ) A person must not knowingly make a false statement, or withhold any material information, for the purpose of any of the following – ( a ) obtaining an operator’s licence for the person or any other person; ( b ) obtaining the variation of an operator’s licence; ( c ) preventing the issue or variation of an operator’s licence; ( d ) preventing or procuring the imposition of a condition or other term of a licence. ( 6 ) A person who contravenes paragraph (5) commits an offence and is liable to imprisonment for a term of 2 years and a fine. 19 Transfer of licences on death, transfer of business etc. ( 1 ) This Article applies if a licence holder – ( a ) dies; ( b ) lacks capacity within the meaning of Article 4 of the Capacity and Self-Determination (Jersey) Law 2016 to carry on his or her transport business; ( c ) becomes bankrupt or subject to any other judicial arrangement consequent upon insolvency. ( 2 ) In a case referred to in paragraph (1)(a) or (b), the Inspector may direct that the operator’s licence is to be treated as suspended until the date on which a direction under paragraph (3) comes into force. ( 3 ) In any case referred to in paragraph (1), the Inspector may direct that a person carrying on the licence holder’s transport business is treated as if that person were the licence holder for such purpose and extent as is specified in the direction. ( 4 ) A direction under paragraph (3) may remain in force for such maximum period as the Inspector specifies, not exceeding 12 months, or if the Inspector is satisfied that there are special circumstances, not exceeding 18 months. ( 5 ) A person who is treated as if the person were a licence holder under paragraph (3), is treated for the purposes of this Law as if the person were in lawful possession of any vehicle that was in the lawful possession of the licence holder. 20 Holding companies, subsidiaries and other bodies ( 1 ) In this Article, “subsidiary” and “holding body” have the same meaning as in Article 2 of the Companies (Jersey) Law 1991 . ( 2 ) A body corporate which is a holding body may apply to the Inspector under Article 4 or 7 for a licence to include relevant vehicles in the lawful possession of any of its subsidiaries. ( 3 ) In determining whether to grant such an application the Inspector must be satisfied that – ( a ) any subsidiary in question is under the effective management and control of the applicant; ( b ) it is reasonable to treat the business of any such subsidiary as part of the business of the applicant; and ( c ) that the subsidiary is of good repute and meets the requirements of professional competence as determined in accordance with the Schedule. ( 4 ) Any conditions imposed under Article 5 or 7 may require compliance by the subsidiary in question. ( 5 ) In considering whether to take action under Article 14, the Inspector may do any of the following – ( a ) take action, either jointly or separately, with respect to the licence holder and any subsidiary in question; ( b ) revoke the licence and require it be replaced by separate licences. ( 6 ) The States may by Regulations amend this Article to make such provision as they think fit with respect to the application and grant of operators’ licences to any entity, of whatever character, which is not an individual or a body corporate, including any group of persons which is registered as any form of partnership under any enactment. 21 Liability relating to offences ( 1 ) This Article applies where an offence under this Law is committed by a body corporate, a partnership however constituted or any other unincorporated body and is proved to have been committed with the consent or connivance of a person mentioned in paragraph (2). ( 2 ) The persons to whom paragraph (1) refers are – ( a ) in the case of a body corporate, a person who is a director, manager, secretary or other similar officer of the body corporate;

( b ) in the case of a partnership – ( i ) a partner, except where (ii) applies, ( ii ) if the partnership has general partners – ( A ) a general partner, or ( B ) a limited partner who is participating in the management of the partnership; ( c ) in the case of any other unincorporated body, any officer of that body who is bound to fulfil any duty of which the offence is a breach or, if there is no such officer, any member of a committee or other similar governing body; or ( d ) any person purporting to act in any capacity described in sub-paragraph (a), (b) or (c). ( 3 ) The person described in paragraph (2)(a), (b), (c) or (d) , as the case may be, commits an offence and is liable in the same manner as the body corporate, partnership or other unincorporated body to the penalty provided for that offence. ( 4 ) If the affairs of a body corporate are managed by its members, paragraphs (1) to (3) apply in relation to acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. ( 5 ) Where an offence under this Law is alleged to have been committed by an unincorporated body, proceedings for the offence must, without prejudice to paragraphs (1) to (3), be brought in the name of the body and not the name of any of its members. 22 Regulations and Orders ( 1 ) The Minister may by Order prescribe any matter that must or may be prescribed under this Law. ( 2 ) Any Regulations or Order under this Law may contain such transitional, consequential, incidental or supplementary provisions as appear to the States or the Minister, as the case requires, to be necessary or expedient for the purposes of the Regulations or Order. 23 Guidance ( 1 ) The Minister may issue general guidance to the Inspector regarding the exercise of the Inspector’s functions under this Law. ( 2 ) The Inspector must have regard to any general guidance issued under paragraph (1) when exercising any function under this Law. ( 3 ) Any general guidance issued under paragraph (1) must be published by the Minister on a publicly accessible website maintained by the Government of Jersey. 24 Transitional provisions ( 1 ) Notwithstanding Article 3 (requirement to hold an operator’s licence), a person who carried on a transport business immediately before Article 3 comes into force (“the commencement day”) is not taken to have committed any offence under that Article by virtue of anything done by the person in the course of that person’s transport business during the period starting on the commencement day and ending on whichever is the latest of the following – ( a ) the date that is 3 months after that day; or ( b ) provided the person applied for an operator’s licence no later than 3 months after the commencement day – ( i ) the date that an application for an operator’s licence under Article 4 is finally determined (including following an appeal under Article 17), or ( ii ) the date that the application is withdrawn. ( 2 ) A person is not taken to have committed an offence under Article 3 if the person commercially uses a relevant vehicle for the purposes of a transport business carried on by a person who, at the time of the use, is not taken to have committed an offence under paragraph (1). ( 3 ) The Minister may by Order make such transitional provision as the Minister thinks fit consequential upon or incidental to the coming into force of any provision of this Law. 25 Citation and commencement This Law may be cited as the Commercial Vehicles (Licensing of Operators) (Jersey) Law 2022 and comes into force on a day to be specified by the Minister by Order. Schedule (Article 4) qualifications for licence holders and transport managers 1 Good Repute ( 1 ) In determining whether a person who is an applicant for a licence, a licence holder and, if different the transport manager or proposed transport manager, is of good repute, the Inspector may have regard to any matter but must have regard to – ( a ) any relevant convictions of the person; ( b ) in the case of a licence holder, any relevant convictions of any employee, office holder or other person working for the licence holder; ( c ) in the case of an applicant who is not an individual, any relevant convictions of a director (or any person in an equivalent position) or partner; ( d ) any information which appears to the Inspector to relate to a person’s fitness to hold a licence including the previous conduct of an employee or office holder or other person working for the person. ( 2 ) For the purposes of this paragraph, a relevant conviction is a conviction of any of the following offences – ( a ) an offence relating to or involving the use of a relevant vehicle under – ( i ) the Road Traffic (Jersey) Law 1956 , ( ii ) this Law, ( iii ) Article 23 of the Waste Management (Jersey) Law 2005 (prohibition of unlicensed or harmful activities involving waste), ( iv ) Article 38 of the Waste Management (Jersey) Law 2005 (prohibition of movements of hazardous or health care waste by carriers who are not registered), ( v ) Article 42(1) of the Customs and Excise (Jersey) Law 1999 relating to a prohibition under paragraph 8 (using or supplying marked or coloured hydrocarbon oil) of the Schedule to the Excise Duty (Relief and Drawback) (Jersey) Order 2000 , ( vi ) the law of any country or territory outside Jersey which is equivalent to an offence referred to in sub-clause ( i ) to (v ); ( b ) an offence ( whether or not under the law of Jersey) for which the person was punished with either or both of the following – ( i ) a sentence of imprisonment, including any form of custodial sentence, for a term exceeding 3 months, ( ii ) a fine or any equivalent financial penalty, exceeding £1,000; ( c ) any other offence which is prescribed. ( 3 ) For the purposes of this paragraph – ( a ) convictions which are spent under the Rehabilitation of Offenders (Jersey) Law 2001 must be disregarded; and ( b ) the Inspector may also disregard an offence if such time as the Inspector thinks appropriate has elapsed since the date of the conviction. 2 Professional competence ( 1 ) In this paragraph, references to “the requirement of professional competence” are references to the requirement in this Law that a transport manager must be professionally competent. ( 2 ) A requirement in this Law for a transport manager to be professionally competent must be satisfied by an individual. ( 3 ) An individual is professionally competent if, and only if – ( a ) the individual has passed a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; ( b ) the individual is the holder of any other certificate of competence, diploma or other qualification recognised for the purpose of this paragraph by the Inspector; or ( c ) the individual satisfies the Inspector that the individual has sufficient experience and skills that are appropriate for the transport business or businesses managed by the individual. ( 4 ) In sub-paragraph (3), “approved body” means a body approved by the Inspector for the purposes of that sub-paragraph.