Obstruction? - No!

Under the Road Traffic (Jersey) Law 1956 (Article 55) there is an Offence (Level 2 Fine) for causing "Danger or Obstruction" on a "road". A "Road" within that legislation is defined as any road to which the public has access.  (APPENDIX A)


Argument: that Article 55 does not apply to Taxis on Taxi Ranks (Cab Stands) as Taxi Ranks are not a "road".

a) a Taxi Rank ceases to be a "road" when it is designated as a Taxi Rank as the public is prohibited from access - demonstrated by the need to create a specific offence for private vehicles "stopping" on Taxi Ranks (Road Traffic (St Helier) (Jersey) Order 1996, Article 6 (2) separate to the usual parking Regulations for roads. (APPENDIX B)

b)  the Motor Traffic (Jersey) Law 1935 (Article 37) demonstrates that the Assembly as Law Makers intended that the Minister retain the power to administer all Taxi Ranks created by Ministerial Decision - as specifically provided the Minister the power to do so by Regulation made by an Order.  (APPENDIX C)

The fact that a Minister has never introduced any such Order to create Regulations for the use of the Taxi Ranks by Taxis is a Ministerial choice - likely based on the pragmatic decision that any such Regulation would be out of proportion to any problems that cannot be managed between Taxi Drivers themselves based on simply conventions (i.e. next Customer goes to the Taxi at the front of the rank, Taxis can't pick and choose whether the job length or destination suits them and Taxis not unattended for an unreasonable amount of time etc etc).