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Road Traffic (Miscellaneous Amendments) Ordinance, 2018

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The Road Traffic (Miscellaneous Amendments) Ordinance, 2018
 
THE STATES POLICY & RESOURCES COMMITTEE, in exercise of the powers conferred on the Committee by Article 66A(1) of the Reform (Guernsey) Law, 1948[a], as amended, hereby orders:-
 
Amendment of Speed Limits and Trials Ordinance.
1.      (1)      The Road Traffic (Speed Limits and Trials) Ordinance, 1987[b] is amended as follows.
 
(2)      For section 2 (Speed limits on particular public highways), substitute -
 
"Speed limits on particular public highways.      
2.      (1)      Subject to section 7 of this Ordinance, a person shall       not drive or ride a vehicle -
 
(a)      at a speed exceeding 25 miles per hour on any public highway identified in Part I of Schedule 1 to this Ordinance,
 
(b)      in June, July, August or September in any year, at a speed exceeding 25 miles per hour on any public highway identified in Part II of Schedule 1 to this Ordinance,
 
(c)      at a speed exceeding 20 miles per hour on any public highway identified in Part III of Schedule 1 to this Ordinance,
 
(d)      at a speed exceeding 15 miles per hour on any public highway identified in Part IV of Schedule 1 to this Ordinance,
 
(e)      at a speed exceeding 12 miles per hour on any public highway identified in Part V of Schedule 1 to this Ordinance.
 
(2)      The States Committee for the Environment & Infrastructure ("the E&I Committee") may amend Schedule 1 by regulations.".
 
(3)      In section 6, delete the words "made by the Committee".
 
(4)      After section 8 (Offences and penalties), insert -
 
"General provisions as to regulations.
8A.      (1)      Regulations under this Ordinance -
 
(a)      may be amended or repealed by subsequent regulations hereunder,
 
(b)      may contain such consequential, incidental, supplemental and transitional provision as may appear to the E&I Committee to be necessary or expedient,
 
(c)      shall be published in draft form at least 14 days before they are made, together with a summary of their proposed effect –
 
(i)      on the States of Guernsey website, or
 
(ii)      in such other manner as the E&I Committee thinks fit in the circumstances,
 
(d)      shall be published as soon as reasonably practicable after being made, together with a summary of their effect, in the manner set out in subparagraphs (c)(i) and (ii), and
 
(e)      shall be laid before a meeting of the States as soon as possible and shall, if at that or the next meeting the States resolve to annul them, cease to have effect, but without prejudice to anything done under them or to the making of new regulations.
 
(2)      Any power conferred by this Ordinance to make       regulations may be exercised -
 
(a)      in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases,
 
(b)      so as to make, as respects the cases in relation to which it is exercised -
 
(i)      the full provision to which the power extends, or any lesser provision (whether by way of exception or otherwise),
 
(ii)      the same provision for all cases, or different provision for different cases or classes of cases, or different provision for the same case or class of case for different purposes,
 
(iii)      any such provision either unconditionally or subject to any conditions specified in the regulations.".
 
(5)      For Schedule 1, substitute the schedule set out in the Schedule to this Ordinance.
 
 
 
Amendment of Traffic Temporary Regulations Ordinance.
2.      (1)      The Traffic Temporary Regulations Ordinance, 1950[c] is amended as follows.
 
(2)      For section 1, substitute –
 
"Making of temporary regulations.
1.      (1)      The States Committee for the Environment &       Infrastructure ("the Committee") may, subject to the provisions of this Ordinance, make provision by regulations as to –
 
(a)      the proper regulation of traffic in a particular                               locality,
 
(b)      the class of vehicles permitted to use a parking                               place,
 
(c)      the maximum period during which a vehicle is                               permitted to remain in a parking place, and
 
(d)      the conditions upon or the manner in which a vehicle shall be placed and permitted to be left in a parking place.
 
(2)      Regulations under subsection (1) may only be made for the purpose of –
 
(a)      ascertaining the best method of regulating vehicular traffic in this Island, or
 
(b)      providing for temporary circumstances.
 
(3)      The power conferred by subsection (1) to make       regulations may be exercised -
 
(a)      in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases,
 
(b)      so as to make, as respects the cases in relation to which it is exercised -
 
(i)      the full provision to which the power extends, or any lesser provision (whether by way of exception or otherwise),
 
(ii)      the same provision for all cases, or different provision for different cases or classes of cases, or different provision for the same case or class of case for different purposes,
 
(iii)      any such provision either unconditionally or subject to any conditions specified in the regulations.
 
(4)      A person who contravenes or fails to comply with, or who causes or permits another person to contravene or to fail to comply with, any provision of a regulation made under subsection (1), is guilty of an offence.
 
(5)      A person guilty of an offence under this section is liable, on conviction, to a fine not exceeding level 3 on the uniform scale.".
 
(3)      In section 2, for "of the making thereof by the Committee", substitute "it comes into effect".
 
(4)       In section 3, delete subsection (2) and the proviso thereto.
 
Amendment of Ordonnance relative au Trafic Véhiculaire en cette Île.
3.      (1)      The Ordonnance relative au Trafic Véhiculaire en cette Île[d] is amended as follows.
 
(2)      For Article X, substitute –
 
"Article X – Miscellaneous powers of the Committee.
X.      The Committee is hereby authorised to –
 
(a)      determine which of any two roads which intersect or join each other is the major road and to designate such road as the major road by means of a sign placed in or on any minor road leading thereto at or near its junction therewith, and
 
(b)      erect, maintain, and alter on or near any public highway, or to remove therefrom, places of refuge for pedestrians.".
 
(3)      In Article XIII, delete "or of any regulation for the time being in force made by the Committee under the powers contained in Article X hereof,".
 
Revocation.
4.      The following regulations are revoked –
 
(a)      the Road Traffic (Speed Limits) Regulations, 2013[e],
 
(b)      the Road Traffic (Speed Limits) (Amendment) Regulations, 2014[f],
 
(c)      the Road Traffic (Speed Limits) (Amendment) Regulations, 2016[g].
 
Savings.
5.      Where, before this Ordinance comes into force, a person commits an offence under a provision repealed or revoked by or under this Ordinance, he or she shall be charged and proceeded against under that provision as if it had not been repealed or revoked.
 
Interpretation.
6.      (1)      In this Ordinance -
 
"enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation, and
 
"subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance.
 
(2)      Any reference in this Ordinance to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.
 
Citation.
7.      This Ordinance may be cited as the Road Traffic (Miscellaneous Amendments) Ordinance, 2018.
 
Commencement.
8.      This Ordinance shall come into force on the 22nd May, 2018.
 
SCHEDULE
Section 1(5)
 
"SCHEDULE 1
 
SPEED LIMITS ON PARTICULAR PUBLIC HIGHWAYS
 
PART I
25 m.p.h. all year speed limit
 
1.      Any public highway in the parishes of Saint Peter Port and Saint Martin situate within the area bounded by the following public highways –
 
Grand Bouet,
La Vrangue,
La Couture, from its junction with La Vrangue to its junction with Collings Road and Fosse André,
Collings Road,
Rohais Road, from its junction with Collings Road to its junction with York Avenue,
York Avenue,
Route Isabelle, from its junction with York Avenue to its junction with Les Croutes,
Les Croutes, from its junction with Route Isabelle to its junction with Rue à L'Or and King's Road,
Rue à L'Or,
Le Vauquiédor, from its junction with Rue à L'Or to its junction with Mount Row and Richmond Avenue,
Mount Row,
Prince Albert's Road,
Colborne Road,
Le Val des Terres,
South Esplanade,
The Quay,
North Esplanade,
The roadway surrounding the roundabout at the bottom of St. Julian's Avenue,
Glategny Esplanade,
St. George's Esplanade, and
Les Banques, from its junction with St. George's Esplanade to its junction with Grand Bouet.
 
2.      Any of the public highways in the parishes of Saint Peter Port and Saint Martin mentioned in paragraph 1 of this Schedule as forming the boundary of the area specified in that paragraph, other than the following public highways –
 
Glategny Esplanade,
St. George's Esplanade,
Les Banques, from its junction with St. George's Esplanade to its junction with Grand Bouet.
 
3.      Any of the following public highways –
 
(a)      in the parish of Saint Peter Port –
 
The Castle Pier and Emplacement,
The bridge connecting the Castle Emplacement with the Castle       Breakwater,
The Albert Pier,
The Victoria Pier,
St. Julian's Pier,
St. Julian's Emplacement,
The New Jetty,
The White Rock,
The roadways at the North Beach Marina,
Ozouets Road,
Skins Lane,
La Neuve Rue,
Rue du Douit,
Route de la Ramee, from its junction with La Vrangue to a point 70m north of its junction with La Neuve Rue,
 
(b)      in the parish of Saint Sampson –
 
Grandes Maisons Road,
New Road,
Church Road,
South Side, from its junction with New Road to its junction with Bulwer Avenue,
Nocq Road,
Vale Road,
Le Murier,
Victoria Avenue,
Route St Clair, from its junction with Vale Road to a point 30m north of its junction with Rue des Pointues Rocques,
Rue de Bas,
Rue des Pointues Rocques,
Rue des Monts,
Delancey Lane,
Camp Code Lane,
Mont Morin,
Les Abreuveurs Road from its junction with Route des Long Camps to its junction with Les Canus,
Les Canus,
Route des Capelles, from its junction with Les Canus to its junction with Les Petites Capelles Road,
 
(c)      in the parishes of Saint Peter Port, the Vale and the Castel –
 
Les Baissières,
 
(d)      in the parishes of Saint Peter Port and Saint Andrew –
 
Footes Lane, from its junctions with Les Baissieres to a point 20m north-east of its junction with Les Varendes,
 
(e)      in the parishes of Saint Sampson and the Vale –
 
Bridge Road,
 
(f)      in the parish of the Vale –
 
Vale Avenue,
Rue de L’Ecole, from its junction with Ville es Pies to its junction with La Mazotte,
La Hougue Ricart,
La Croix du Bois,
Route des Coutures, from its junction with La Croix du Bois to a point 50m south of its junction with La Croix du Bois,
Ville es Pies,
Belval Road,
Route des Coutures, from a point 50m south of its junction with La Croix du Bois to its junction with La Route du Braye,
La Route du Braye, from a point 18m west of its junction with Vale
Avenue to its junction with Vale Avenue,
Summerfield Road,
Sous Les Hougues,
Croft Lane,
Rue Flere,
Les Juqueurs Road,
Les Rocques Barrees Road, from a point 57m to the east of its junction with Belval Road to its junction with Belval Road,
La Hougue Jehannet,
Trafalgar Road,
Longree,
Les Monmains,
La Hure Mare Road,
North Side, from a point 40m to the east of its junction with
Abraham's Bosum to its junction with Bridge Road,
La Hougue du Valle,
 
(g)      in the parish of the Castel –
 
Les Delisles, from Les Delisles Chapel to its junction with Rue de la Porte,
Rue de la Porte,
King's Mills Road, from its junction with Rue de la Porte to its junction with La Hurette Road,
La Rue de la Saline, from a point adjacent to the pumping station to the south of its junction with La Route de la Mare de Carteret to its junction with Cobo Coast Road,
La Route de Carteret, from its junction with Cobo Coast Road to its junction with Les Génats Estate,
La Route de Bouverie,
Cobo Coast Road, from its junction with La Rue de la Saline to a point adjacent to the steps leading to Le Guet,
La Route de Cobo, from its junction with La Route de Bouverie to its junction with Cobo Coast Road,
Les Beaucamps, from a point 30m south of its junction with Mont D’Aval to a point 40m north of its junction with Rue des Eturs,
Ruette des Delisles, from its junction with Les Beaucamps to a point 50m south east of its junction with St Georges Road,
Route du Tertre,
Rue des Queritez,
Rue St Germain,
Rue de la Masse, from its junction with Ruette de la Generotte to a point 50m south east of its junction with Rue de la Lande,
Rue des Goddards,
Route de la Hougue du Pommier, from its junction with Rue des Francais to its junction with Rue de Galaad,
Rue des Francais,
Rue de Galaad,
Route de la Mare de Carteret,
Les Grandes Rocques, from its junction with Rue de Galaad to its junction with Rue de la Ronde Cheminee,
Rue a Ronces,
 
(h)      in the parish of Saint Martin –
 
La Route des Camps, from the Queen's Hotel to its junction with La Grande Rue,
La Grande Rue, from its junction with La Route des Camps to its junction with Rue des Caches and La Rue Cauchez,
La Rue Maze, from its junction with La Grande Rue to its junction with Longue Rue,
Longue Rue,
La Route des Coutures,
Saints Road, from its junction with Rue des Grons to its junction with Rue des Escaliers,
Rue de la Vallee,
Les Camps du Moulin, from its junction with Rue de la Vallee to its junction with Ville Amphrey,
 
(i)      in the parish of Saint Peter in the Wood –
 
Route de Longfrie, from its junction with Route de la Tourelle to a point 115m north-west of its junction with Rue St Pierre,
Rue St Pierre, from it junction with Route de Longfrie to a point 80m north-east of its junction with Route de Longfrie,
Route de Lihou from its junction with Route de Longfrie to a point 70m south-west of its junction with Rue de Longfrie,
Rue de Longfrie,
Rue de L'Eglise from its junction with Rue de Longfrie to a point 45m west of its junction with Rue de Longfrie,
Les Buttes,
Rue des Brehauts,
Rue de la Corderie from its junction with Route de Longfrie to a point 180m north of its junction with Route de Longfrie,
Rue des Caches from its junction with Route de Longfrie to a point 85m south of its junction with Route de Longfrie,
Route de Plaisance from its junction with Route de la Tourelle to a point 80m east of its junction with Route de la Tourelle,
Route de la Tourelle from its junction with Route de Longfrie to a point 50m east of its junction with Route de Longfrie,
 
(j)      in the parish of Saint Andrew –
 
Route de St Andre from a point 80m to the east of its junction with L'Ecluse to a point 60m to the west of its junction with Rue des Morts,
L’Ecluse, from its junction with Route de St Andre to point 30m north east of its junction with Route de St Andre,
Route de St Andre, from a point 80m to the east of its junction with L’Ecluse to a point 100m to the east of its junction with Rue de la Boullerie;
Rue de la Boullerie,
 
(k)      in the parish of the Forest –
 
Rue des Landes from its junction with New Road to a point 30m to the west of its junction with La Rue du Mont Marche,
La Planque Lane,
Les Nouettes,
 
(l)      in the parish of Saint Saviour –
 
Bas Rouvets,
Route des Paysans, from its junction with Route des Adams to a point 20m south east of its junction with Rue du Lorier,
 
(m)      in the parish of Saint Peter in the Wood and Saint Saviour –
 
Rue de L'Arquet,
Rue du Lorier.
 
PART II
25 m.p.h. June to September speed limit
 
4.      Any of the following public highways –
 
(a)      in the Parish of the Castel –
 
Vazon Road, from its junction with the unnamed road leading to Fort Hommet to the Martello Tower in Vazon Road,
 
(b)      in the parish of Saint Peter-in-the-Wood –
 
Route de Rocquaine, between its junction with the Route de la Lague and its junction with the Route du Coudré,
 
(c)      in the parishes of Saint Peter-in-the-Wood and Torteval –
 
Route de la Lague.
 
PART III
20 m.p.h. all year speed limit
 
5.      Any of the following public highways –
 
(a)      in the parish of Saint Peter Port –
 
The Quay,
 
(b)      in the parish of Saint Sampson –
 
Duveaux Road,
Baubigny Road,
Les Gigands Road,
Le Bordage Road,
Les Effards Road,
Les Hougues Magues Road,
Hougues Magues Lane,
Les Grandes Capelles Lane,
Le Vieille Rue,
Oatlands Lane,
Epinelle Road,
Duveaux Lane,
Les Sauvagees,
Rue de Dol.
 
PART IV
15 m.p.h. all year speed limit
 
 
6.      La Vallette, Saint Peter Port.
 
PART V
12 m.p.h. all year speed limit
 
7.      The following public highways in the parish of Saint Peter Port –
 
Market Street,
Market Place,
Mill Street,
Mansell Street,
Church Square,
High Street,
Smith Street,
The Pollet."
 
 

[a]

Ordres en Conseil Vol. XIII, p. 288; Order in Council No. XVII of 2015; there are further amendments not relevant to this Ordinance.

[b]

Recueil d’Ordonnances Tome XXIV, p. 20; as amended by Ordres en Conseil Vol. XXXI, p. 278; Recueil d’Ordonnances Tome XXVIII, pp. 88 and 201; and Ordinance Nos. X and XVI of 2002.

[c]

Recueil d’Ordonnances Tome X, p. 59; as amended by Recueil d’Ordonnances Tome XIII, p. 213; Tome XXV, p. 140; Tome XXVI, p. 90; Ordinance No. XXXIII of 2003; and No. IX of 2016.

[d]

Recueil d’Ordonnances Tome VIII, p. 184; as amended by Recueil d’Ordonnances Tome VIII, pp. 193 and 204; Tome X, p. 9; Tome XIII, pp. 17 and 292; Tome X, p. 48; ; Tome XXV, p. 140; Tome XXVI, p. 90; and Ordinance No. XVI of 2002. There are further amendments not relevant to this Ordinance.

[e]

G.S.I. No. 55 of 2013.

[f]

G.S.I. No. 90 of 2014.

[g]

G.S.I. No. 7 of 2016.