Prosecution for driving without a licence (FOI)
Prosecution for driving without a licence (FOI)Produced by the Freedom of Information office
Authored by States of Jersey and published on 29 September 2015.
Prepared internally, no external costs.
If a driver of a vehicle does not have a valid PSV then they are driving without a licence. In view of this how many drivers have been prosecuted for driving without a licence since Jersey lifts dating back to Feb 2013.
The States of Jersey Police can say that no persons offering lifts under the Jersey Lifts Scheme have to date been prosecuted.
Some drivers have been stopped and questioned, as have the passengers. However, insufficient evidence to prosecute was obtained.
A number have been given words of advice.
The Motor Traffic (Jersey) Law 1935 is the relevant legislation surrounding the use of vehicles as Public Service Vehicles.
However, it is not intended to stop people giving lifts, but to regulate the practice when carried out as a business.
Article 2) If
(a) a motor vehicle designed to carry 8 people or less is not being used in the course of a business of carrying passengers; but
(b) contributions are received by the carrier for the journey concerned,
the vehicle shall not be taken for the purposes of this Law as being used to carry passengers for hire or reward if the total of the contributions received does not involve an element of profit.
Whilst accepting the difficulty in securing sufficient evidence for conviction, the States of Jersey Police have embarked on a course of education, pointing out the dangers associated with accepting lifts from total strangers.
Press releases have been made to the local media, selections of which are repeated below:
"In the past two years officers have stopped numerous cars believed to have been operating under the Jersey Lifts banner, however incredibly difficult to secure the required evidence to prove offences. Officers have also issued public safety warnings, educational messages about the illegality of the service and sent letters to those known to have frequented the site to warn them to stop. It is concerning that despite such measures, the practice is still continuing.
"We also cannot rule out predatory behaviour in order to target young vulnerable girls and this is a real concern.
"The police will continue to monitor the site in addition to proactively speaking to those suspected of breaking the law.
"Police spokesperson said, “Attitudes need to change. This is not about the police attempting stop friends from contributing to petrol and sharing lifts. This site is much more sophisticated, but the clear danger of what is taking place appears not to be fully appreciated. We would much prefer to see the providers and users of such services recognise the associated risks and stop this activity before someone gets seriously harmed".
"The States of Jersey Police will continue to monitor the activity of those offering lifts on the Jersey Lifts web site and reiterate the message that lifts should only be accepted from genuine friends or relatives or properly licenced drivers. Individuals however, must take some responsibility for their own safety."