Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019: Registration of motor vehicle removal operator

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A decision made on 24 January 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0008
Decision Date: 16th January 2020
DECISION SUMMARY TITLE: Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – registration of motor vehicle removal operator
DECISION SUMMARY AUTHOR:	Senior Policy Officer Strategic Policy, Planning and Performance	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – registration of motor vehicle removal operator
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Senior Policy Officer Strategic Policy, Planning and Performance	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Minister for Home Affairs decided to register Martin Fernando Ltd. as a motor vehicle removal operator in accordance with Regulation 8(2) of the Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019. The company submitted applications to the Minister to register as a motor vehicle removal operator in order to undertake activities connected to the removal of motor vehicles from private land under the Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019. The Minister has reviewed the applications and is satisfied that the company complies with the requirements that apply to motor vehicle removal operators, specifically that it has: (a) sufficiently secure premises to store any motor vehicle removed from private land; (b) a vehicle that is suitable for the safe removal of a vehicle from private land; and (c) adequate insurance against any loss or damage to a motor vehicle removed by the person. The Minister has, therefore, registered Martin Fernando Ltd. and will enter its names and details into the register of motor vehicle removal operators as required by Regulation 7(2)(b).
RESOURCE IMPLICATIONS: There are no resource implications connected with the registration of the aforementioned persons as motor vehicle removal operators.
ACTION REQUIRED: The Minister to provide Martin Fernando Ltd. with a certificate of registration, and to enter the company’s name into the register of motor vehicle removal operators.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019: Registration of motor vehicle removal operator

Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – registration of motor vehicle removal operator

Introduction

1.1. The Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 came into force on 21st June 2019. The Minister is required under Regulation 8(2) to approve persons who wish to register as motor vehicle removal operators providing they satisfy the requirements of the Regulations. Once registered, those persons will be permitted to carry out activities in connection with the Regulations, i.e. the removal of motor vehicles that have been left on private land without permission to be there.

1.2. This paper seeks approval from the Minister to register Martin Fernando Ltd. as a motor vehicle removal operator.

Background

2.1. The Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 enable private landowners to remove motor vehicles from their land where they have been parked or abandoned without permission. In order to remove such motor vehicles from their land, private landowners must use a registered motor vehicle removal operator. This is to ensure appropriate arrangements are in place to ensure vehicles are removed and stored in a safe and professional manner.

2.2. Regulation 8(2) provides that the Minister for Home Affairs must register an applicant who applies to be a motor vehicle removal operator provided the Minister is satisfied that:

(a) the applicant has sufficiently secure premises to store any motor vehicle removed from private land;

(b) the applicant has a vehicle that is suitable for the safe removal of a vehicle from private land; and

(c) the applicant, if registered will have adequate insurance against any loss or damage to a motor vehicle removed by the applicant.

2.3. If the Minister is satisfied that the applicant satisfies these requirements, the Minister must provide the applicant with a certificate of registration. The details of the applicant must also be published in a register of motor vehicle removal operators in accordance with Regulation 7.

2.4. The Minister approved the registration of Andium Homes Ltd., G4S Secure Solutions (Jersey) Ltd., and Nathan Baudains Recovery as motor vehicle removal operators in June 2019 (MD-HA-2019-0062).

Registration of motor vehicle removal operators

3.1. Martin Fernando Ltd. has submitted an application to register as a motor vehicle removal operator. The Minister has reviewed the application and is content that the company satisfies the requirements for registering as a motor vehicle removal operator. The company:

Has vehicles suitable for the safe removal of other vehicles from private land. The vehicles are constructed or adapted for the purpose of lifting, towing and transporting another motor vehicle.

Have suitable arrangements in place to store any motor vehicle from private land.

Have appropriate insurance arrangements in place to cover legal liabilities in respect of damage to a motor vehicle that is in their custody.

3.2. The Minister may specify standard conditions as part of a person’s registration as a motor vehicle removal operator. The Minister has agreed the following standard conditions to the extent that they apply to the person’s registration:

When carrying out activities in connection with the removal, safe custody and storage of motor vehicles in accordance with the Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019, a motor vehicle removal operator must:

(a) Take all reasonable precautions to prevent the loss of or from, or damage to, any motor vehicle that is in its custody.

(b) Maintain adequate insurance cover against any loss or damage to any motor vehicle that is in its custody.

(c) Ensure that removal vehicles and associated equipment, if any, are suitable for the safe removal of motor vehicles from private land, and comply with the relevant laws and standards in respect to the design, construction and maintenance of the removal vehicle and its equipment.

(d) In carrying out its business activities, use the storage facilities specified in the registration.

(e) Keep, for not less than one year, all relevant records and documents in connection with the actions taken in respect of a motor vehicle that was in its custody.

(f) Keep at its place of business the motor vehicle removal operator certificate issued by the Minister for Home Affairs.

(g) Inform the Minister for Home Affairs and provide details of any changes to the particulars of the vehicle removal operator that materially affect its registration at any time

Recommendation

4.1. The Minister is asked to:

(a) approve the registration of Martin Fernando Ltd. as a motor vehicle removal operator.

(b) sign the certificate of registration for the company.

Senior Policy Officer

16 January 2020.