When you apply for a driving licence in Jersey, under Jersey motoring law you must make a declaration that you are fit to drive a motor vehicle. You are expected to state whether you are suffering from or whether you have at any time suffered from a relevant disease or physical disability.
A relevant disease or physical disability is either one that is prescribed by law or one that is likely to cause the driving by the applicant of any motor vehicle the applicant would be authorised by the licence to drive, to be a source of danger to the public.
The parochial authority in Jersey is obliged to refuse to grant a licence if it is satisfied either from the declaration or on enquiry that the applicant is suffering from or has suffered from a relevant disease or physical disability.
The obligation on you continues, so when you are the holder of a driving licence you are obliged to notify your parochial authority in writing if you become aware that you are suffering from a relevant disease or physical disability that you have not previously disclosed to the parochial authority.
If you do not do this you are guilty of an offence and liable to a fine not exceeding level 2 on the standard scale, which at the time of writing is £1000.
If you have been refused a driving licence as a result of disability and your disability has not been set out by law, you may apply to take the prescribed test to prove that you can drive without being a source of danger to the public. Any provisional licence granted for this purpose shall be granted subject to such conditions as the licensing authority considers it appropriate to impose having regard to the nature of the applicant’s physical disability.
A person aggrieved by a refusal by a parochial authority to grant a licence by virtue of a disease or physical disability, or by any limitation imposed by the parochial authority on a licence may appeal to the Royal Court of Jersey after giving the parochial authority notice of the person’s intention to do so.
Where a parochial authority in respect of a parish has reason to suspect that the holder of a licence residing in the parish is suffering from a relevant disease or physical disability the parochial authority shall serve a written notice in the prescribed from on the holder of the licence.
The notice shall require the holder of the licence within 7 days of its service to undergo, at the licence holder’s own expense, a medical examination by a medical practitioner designated by the parochial authority or in the case of a physical disability to apply to take the prescribed test.
Where the parochial authority believes that it is in the public interest to do so it may also suspend the validity of the licence until either the results of the medical examination are known or the prescribed test has been taken.
If the parochial authority is then satisfied that the person is suffering from a relevant disease or physical disability, the authority shall revoke the licence.
Where the medical examination indicates that a person is suffering from a relevant disease or physical disability but that there are reasonable grounds for believing that the duration of the disease or disability is limited, the parochial authority shall not revoke the licence but shall suspend it or continue its suspension until the parochial authority is satisfied that the person has ceased to suffer from the disease or disability.
The parochial authority shall revoke the licence of a person upon whom it has served a notice if the person fails to undergo a medical examination or to apply to take the prescribed test within 7 days of the notice, or having applied to take the prescribed test, fails to take it.
The same right of appeal to the Royal Court of Jersey applies as above, after giving the parochial authority notice of his or her intention to do so.
If a parochial authority revokes, suspends or amends a licence in accordance with this Article, the holder of the licence shall forthwith deliver it to that parochial authority. Failure to comply with this provision renders the person guilty of an offence and liable to a fine not exceeding level 2 on the standard scale.
Lorraine McClure | Head | Criminal Defence lawyers
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How Parslows Jersey can help
If you are charged with an offence and find you are not eligible for Jersey legal aid contact Advocate Lorraine McClure or Advocate Chris Austin on 630530. It is important to seek professional legal advice at the earliest opportunity to ensure that you are fully prepared before attending police interview and/or answering any police questions. Our team of expert criminal defence advocates are on hand to assist