Speeding fines - allocation of funds to Parishes (P.156-2005) – amendment

STATES OF JERSEY

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SPEEDING FINES: ALLOCATION OF FUNDS TO PARISHES (P.156/2005) – AMENDMENT

Lodged au Greffe on 16th January 2006 by the Comité des Connétable s

STATES GREFFE

SPEEDING FINES: ALLOCATION OF FUNDS TO PARISHES (P.156/2005) – AMENDMENT ____________

In sub-paragraph (a) delete the words"one half of" and, after the words "for the benefit of that Parish" insert the words "and applied towards the general expenses of the Parish".

COMITÉ DES CONNÉTABLES

REPORT

Fines levied under the Road Traffic (Jersey) Law 1956 are awarded for the benefit of the Crown (if levied under Articles 18, 20 to 27 inclusive, 51 and 53) or otherwise for the benefit of the annual income of the States.

However, where the fine is levied summarily by a Connétable or Centenier of the parish where the offence was committed, the Parish may retain 50% of the fine that would otherwise be awarded to the States, and this income is applied towards the cost of the maintenance of the by-roads of the Parish. The Law sets out when a Connétable or Centenier may deal with an offence (Article 89 and Schedule 3 of the Law– see Appendix 1).

As speeding fines' are levied under Article 21 of the Road Traffic (Jersey) Law 1956 all the income is currently awarded for the benefit of the Crown, even when the fine is levied summarily.

Much policing of the Road Traffic Law is undertaken by the Honorary Police of each Parish and a number of cases are dealt with at Parish Hall enquiries. This policing is essential but can only be carried out effectively if the Honorary Police are properly trained, equipped and insured to undertake such duties. The costs of appropriate training, equipping (including the purchase of specialist equipment such as speed detection devices, breathalysers etc.) and insurance have increased significantly in recent years and are currently being funded by Parish ratepayers.

The Deputy of St. Martin's proposition "Speeding fines: allocation of funds to Parishes" P.156/2005 proposes that when a fine for driving at excess speed is levied by the Honorary Police in the Parish where the offence was committed, one half of the fine should be for the benefit of that Parish. However, the Connétable s believe that, in view of the costs borne by Parishes in policing the Law, all speeding fines levied summarily should be retained by the Parish where the offence was committed and allocated, in future, to the general revenues of the Parish to help offset the costs incurred by that Parish for the Honorary Police and for policing the Road Traffic Law.

The Comité's amendment therefore provides that all speeding fines collected by a Parish should be retained by the Parish. Fines levied for offences dealt with by the Court will continue to be allocated in accordance with the current law for the benefit of the Crown or States. This includes a case where a person decides not to accept the decision of the Connétable or Centenier and the matter is referred to the Court.

Only a small proportion of the income from fines levied at Parish Hall s for all Road Traffic Law offences is in respect of fines awarded to the Crown. Of the sums involved, part relates to fines under Articles 25 (careless driving) and 53 (taking vehicle, other than a motor vehicle, without the owner's consent) which are not included in this proposition. The table in Appendix 2 gives an indication of the fines levied summarily and awarded for the benefit of the Crown during the Parishes' last financial year. If the amended proposition is adopted, the loss of revenue to the Crown will be limited to approximately £30,000 per annum.

There will be financial implications for the States of the Crown not receiving speeding fines levied summarily, although these will be small. There will be no manpower implications for the States not receiving speeding fines and there may even be some saving as current procedures may be simplified and the requirement for audit reports would be reduced.

ROAD TRAFFIC (JERSEY) LAW 1956

Article 89 Power to inflict and levy fines summarily

1. S ubjectto the provisions of this Article,where a person is charged with any offence under this Law or under any Orderand accepts the decision of the Connétable or Centenierof the parish in which the offence wascommitted, then that Connétable orCenteniermay inflict and levy summarily a fine up to either anamountnotexceeding one fifth of level 2 on the standardscaleor the maximum fine provided for that offence, whichever is the lower.
2. P aragraph (1) shall not applywhere the offenderischarged with anyoffence specified in Schedule 3 to the extent specified therein in relation to that offence.
3. W here any fine is levied by a Connétable orCentenier in pursuance of the powersconferredon them by this Article, the Connétable orCentenier shall give a receipt therefor.
4. W here any fine is levied by a Connétable orCentenier in pursuance of the powersconferredon them by this Article,the Connétable orCentenier shall as soon asmaybeinform the Chief Officer of the States of Jersey Police Forceof the details thereof.

Article 90 Application of fines

1. A  ll fines imposedforoffencesunderArticles 18, 20 to 27 inclusive, 51and 53 shallbe awarded fo the benefit ofHer Majesty.
2. S ubjectto the provisions ofparagraph (1), all finesimposedforoffencesunder this Laworunderany Order shall be awarded forthebenefitof the annualincomeof the States exceptwhere the fine is inflicted and levied summarilyby a Connétable or Centenier of the parish wherethe offence was committed, in whichcase one half ofthe fine shallbe awarded for the benefit oftheannualincome of the States andone half for the benefit of the parish inwhichthe offence wascommitted and shall be applied towards the cost of maintenance of the by-roadsofthe parish.

SCHEDULE 3 (Article 89)

Offences in respect of which there is no power to levy fines summarily

Article  4(1) – Article  15(4) – Article  16(4) – Article  18 – Article  20 – Article  21 –

Article  22 – Article  23 – Article  25 –

Article  26 – Article  27 – Article  28(1) –

Article  29(4) – Article  30(7) – Article  52 – Article  53 –

Article  65(1) – Article  81 –

Article  86 –

driving without a licence or employing unlicensed driver;

applying for or obtaining a licence or driving while disqualified;

applying for or obtaining a licence without giving particulars of endorsement; forgery etc. of licence;

restriction on driving by young or inexperienced persons;

limitation  of  speed – second  or  subsequent  offences where  the  offence  is committed within 3  years of the date on which the defendant was convicted for the last such offence or within 3  years of the date on which the defendant was convicted for an offence under any of Article  22, 25, 27, 28, 29, 30, or 52; or any offence involving a speed of more than 15  m.p.h. above the limit imposed by or under that Article in relation to a vehicle of the class or description concerned;

dangerous driving;

causing death by dangerous driving;

careless driving; except where each person who has suffered personal injury or damage to property as a result of the offence has agreed to accept the decision of the Connétable or Centenier of the parish in which the offence was committed and the offence was committed more than 5  years since the date on which the defendant was last convicted for an offence under any of Article  21, 22, 25, 27, 28, 29, 30, or 52;

causing death by careless driving when under influence of drink or drugs; driving, or attempting to drive, when under influence of drink or drugs;

driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit;

failing to provide a specimen of breath;

failing to provide a specimen for analysis or a laboratory test; failure to stop after an accident;

taking vehicle without owner's consent or authority where the vehicle concerned is a motor vehicle;

fraudulent interference with, or operation or display of, a parking device;

sale or supply of unroadworthy vehicle or alteration of vehicle so as to render it unroadworthy;

failure to give information as to person in charge of vehicle.

2004/2005 Actual Honorary Police expenses and 100% fines awarded for benefit of the Crown

Honorary Police 100% awarded to

expenses £ Crown £

* estimate

Note:  2004/2005 Honorary Police expenses does not include full year training costs; excludes insurance costs

for St.  Helier and St.  Peter and excludes staff costs, e.g.  charges officer, traffic wardens, etc.