Motor Vehicle (Driving Licences) Jersey Order 2003 and Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 23 March 2017:

Decision Reference: MD-T-2017-0025
Decision Summary Title :	To change motor cycle licence categories to include category “B1” motor tricycle. To set the validity of C.B.T. and Driver Theory Test certificates to two years and to require tricycle riders and passengers to wear protective helmets.		Date of Decision Summary:	15 March 2017
Decision Summary Author:	Senior Traffic Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	To change motor cycle licence categories to include category “B1” motor tricycle. To set the validity of C.B.T. and Driver Theory Test certificates to two years and to require tricycle riders and passengers to wear protective helmets.		Date of Written Report:	15 March 2017
Written Report Author:	Senior Traffic Officer		Written Report : Public or Exempt?	Public
Subject: Changes to Article 1(2) and 10 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to include motor tricycles in current motorcycle licence categories, Article 14 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to set the validity of Jersey C.B.T. and theory test certificates to two years, and Article 1 of the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004 to include the wearing of protective helmets for tricycle riders and passengers.
Decision(s): The Minister agreed changes to Article 1(2) and 10 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to include motor tricycles in current motorcycle licence categories. The Minister agreed changes to Article 14 of the Motor Vehicles (Driving Licences) Jersey Order 2003 to set the validity of Jersey C.B.T. and theory test certificates to two years. The Minister agreed to changes to Article 1 of the Road Traffic (Motor Cycle Helmets) (Jersey) Order 2004 to include the wearing of protective helmets for tricycle riders and passengers.
Reason(s) for Decision: To enable disabled motorcycle riders, who are medically unable to ride a motor cycle or drive a car, to obtain a provisional licence to ride a motor tricycle and sit the prescribed theory and practical tests. To bring the validity of Jersey C.B.T. and Driver Theory Test certificates in to line with the UK. In the interest of road safety to ensure that all riders and passengers of motor tricycles wear motor cycle helmets.
Resource Implications: Motor tricycle C.B.T. will have to be introduced. The off road part of the heavy motorcycle test will have to be changed to accommodate tricycles and an on road practical test for tricycles will have to be introduced.
Action required: The Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the legislation to put these changes into effect.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):