Jersey Motor Trades Federation

All Motor businesses are not the same...

If your motoring needs are catered for by a member of the Jersey Motor Trades Federation, you can be confident that it values its reputation and will work diligently to provide the highest levels of service to its customers.

JMTF members subscribe to a Code of Practice which embodies principles observed by many leading customer service industries. Customers who feel they have not received the standard of service required can refer the matter to the free conciliation service.


This  Code  of  Practice has been drawn up by  the  Jersey  Motor Trades  Federation to govern the conduct of  motor  dealers  in relation  to the supply of new and used cars, petrol, parts  and accessories and car servicing and repair, and embodies principles which have been observed by the majority of traders in the industry for many years.  It will, moreover, be brought up to date from time to time as the occasion demands.
This Code is based on the Code of Conduct drawn up for the motor industry in the United Kingdom by the Retail Motor Industry Federation, The Society of Motor Manufacturers and Traders and the Scottish Motor Trades Federation in consultation with the Director General of the Office of Fair Trading.
The principles set out are not intended to interpret, qualify or supplement the law of the land and are not intended to be applied to non-customer (i.e. trade) sales.
The Federation regards it as a duty laid on its members that they will accept this Code in its entirety. A customer who feels dissatisfied with the treatment he has received from a Federation member can submit his grievance to the conciliation and advisory service operated by the Federation.
It should not be overlooked that the customer also has his part to play.  It is only by co-operating fully with those who sell and service motor vehicles that he can obtain the maximum benefit from his purchase.  In particular, by maintaining his vehicle in accordance with the manufacturer's instructions and giving as much information as possible to anyone servicing it, he can ensure that he gets the best possible use out of his vehicle, and problems with it reduced to a minimum.
Within this Code  the term `manufacturer' is  taken  to  include concessionaire or importer, the term `dealer' is taken to include retail dealer, distributor or supplier of goods or services  and the terms `vehicle' and `car' are assumed to apply to cars, vans, trucks,  motorcycles  or any other motor vehicle unless specifically identified.
For the purposes of brevity, the organisations known as the Society of Motor Manufacturers and Traders, the Retail Motor Industry Federation and the Jersey Motor Trades Federation are referred to throughout this document in initial form, i.e. SMMT, RMIF and JMTF respectively.
1.1        Dealers must bear in mind that while the Sale of Goods Act as enacted in the United Kingdom does not apply in Jersey, they have a responsibility under common law to ensure that the goods they sell are of merchantable quality, fit for the purpose for which they are intended and conform to the relevant parts of the Road Traffic Acts in force at the time of sale. Statements, whether oral or in writing, which are in apparent conflict with this principle must be avoided.
1.2        Manufacturers relying on dealers to carry out a standard Pre-Delivery Inspection provide the dealer with a standard check list for the particular model and a copy of this P.D.I. check list should be made available to the customer.
1.3        The dealer should ensure that the vehicle is delivered in a clean condition and that any P.D.I. check required by the manufacturer has been properly carried out.  Each vehicle must conform fully to all legislation affecting its construction, use and maintenance. This paragraph does not affect any legal responsibilities which may be placed on manufacturers and users to ensure this.
1.4        The benefit and limitations of any treatment over and above that already provided by the manufacturer which is recommended by the dealer in order to inhibit the growth of rust or other corrosion should be explained to the customer.
1.5        Order  forms  are intended to help  both  parties  to  the contract  by spelling out the terms and conditions on  which business  is being done. Such terms and conditions must be fair and reasonable and set out clearly, together with a statement of the circumstances under which the order can be cancelled.  It is the responsibility of the vendor to draw the specific attention of the customer to the terms contained in any contract since it should not be assumed that any contract is binding only because the customer has signed it.
1.6        All documents must be clearly legible.
1.7        Order forms must contain details of all charges additional to the vehicle price so that the customer may understand clearly the total price he has to pay to put the vehicle on the road.
1.8        Dealers should ensure that the manufacturer's handbook relating to the model of vehicle being sold is available to the customer at the time of sale of the vehicle and for a reasonable length of time thereafter.
1.9        The terms of the manufacturers' warranty(ies) should be drawn to the attention of the customer and any relevant document published by the manufacturer must be handed over to the customer.
1.10  In the event of a customer wishing to purchase the  vehicle by  way  of a hire purchase agreement or any other  form of deferred  payment  or  leasing arrangement,  the dealer, whether he is acting as agent for a finance organisation or not, must ensure that the customer is fully aware of all the terms of the agreement, all rates of interest being charged, the total purchase price of the vehicle including  interest payments and any other details relevant to the operation of the  agreement.
         In the event of a complaint arising  from  a customer's  unawareness of any aspect of the agreement  and where it can be shown that the dealer was negligent in  this respect, this shall be regarded as a violation of this Code of Practice and the Executive Council may take such action as it thinks fit against the dealer concerned.
2.1   A manufacturer's warranty is a means for the  customer  to have  faults of manufacture appearing within certain times (or before the vehicle has completed a certain mileage) put right  at  little or no cost to the  customer  without  the need for him to pursue his legal rights against the vendor.
2.2    The  warranty  must not  adversely  affect  the  customer's rights  in common law and must include a statement  advising the consumer that it is in addition to any other remedies he may have under the contract of sale.
2.3   Members of the JMTF are not obliged to provide a loan car or make a contribution towards hiring charges (nor is  there an  automatic right to a loan car or a contribution towards hiring charges) in circumstances where a customer's own car is off the road for repair under a Manufacturer's  warranty. Whether there is any such right will depend on the normal legal rules relating to damages.
2.4        The terms of a manufacturer's warranty must  be easily understandable particularly  in relation  to  any   items specifically  included  or  excluded  from its  provisions. Dealers   must be able to advise customers as to who is responsible and what to do if there is a problem regarding parts  and  accessories not covered  by  the  manufacturer's warranty.
2.5        Manufacturers are expected to give clear advice (and under their  Code of Practice as agreed with the SMMT are obliged to do so) to their dealers as to the circumstances in which a loan car or contribution towards hiring charges should  be provided.  Such guidance should take full  account  of  the legal position and should be made available to customers on request.
2.6        Where a loan car is made available, this need merely be  a reasonable alternative transport rather than an exact replacement for the car which is off the road.
2.7   The Codes of Practice of the SMMT and the RMIF set out  the terms  of Manufacturers' Warranties and  these  should  be referred to in cases of doubt. In this Code, it is assumed that those terms covering Manufacturers' Warranties are incumbent upon those holding a manufacturer's franchise in Jersey.
3.1    Used (pre-owned) motor vehicles must conform to legislation affecting the construction and use of motor vehicles as in being at the time the vehicle is offered for sale. Vehicles offered for sale must also comply with the terms of the Supply of Goods and Services (Jersey) Law 2009 which states that at the time of sale the vehicle must be of merchantable quality and fit for purpose.
3.2        It is an offence, under Jersey Law, to offer a vehicle  for sale  that  is  not in a roadworthy condition  unless  the vehicle  is clearly offered for sale as  being unroadworthy (e.g.,  for spares or for restoration) and the customer  is advised that it is contrary to the law for the vehicle to be driven  on a public highway.
         Such advice should be given in writing at  the  time  of sale, should  form  part of  the conditions  of  sale  and the  customer's  attention drawn specifically  to  it and under no circumstances  should  the vehicle be driven off the dealer's premises.
3.3   If a dealer sells a used car subject to a printed guarantee or  warranty, that guarantee or warranty should not  purport to take away or diminish any rights which the customer would otherwise enjoy in law. The warranty document should also include a statement advising the consumer that the warranty is offered in addition to his statutory or common law rights.
3.5    If a pre-printed guarantee or warranty is not used, then any specific  promises which the dealer is willing to  make  in relation  to the used vehicle should be set out in writing. However  it should  also  be  borne  in  mind  that  verbal contracts  have  the  force of law in Jersey and any such verbal contract may not subsequently be changed if put into writing without invalidating that contract.
3.6        It is incumbent upon JMTF members that all used cars offered for sale (other than for scrap, salvage or for reconditioning)  should be subject to a pre-sale inspection and that a copy of the schedule of that inspection should be available to the customer if requested.
           Facilities  for  independent professional  inspection  of  a vehicle  offered  for sale  must  be  provided whenever a customer  requests this.   However the dealer is not expected to  withdraw the vehicle in question from general availability for sale until the customer  commits a firm contract of purchase.
3.7     All  descriptions, whether used in  advertisements  or  in negotiations regarding the sale of used cars,  must be  honest and truthful. Terms which are likely to be misunderstood by the customer and which are not capable of exact  definition should be avoided.
3.8    Copies of relevant written information provided by previous owners regarding the history of the vehicle should be made available to the prospective buyer. This may include service records, repair invoices, inspection reports, handbooks and copy of warranty as applicable.
3.9        Reasonable steps should be taken to verify the recorded mileage of a used vehicle. Where there  are  any  doubts regarding  the  possible validity of the odometer  reading, JMTF members  must,  in  their  own  interest,  display a disclaimer  notice  on  the vehicle. Unless  the  dealer  is satisfied  that  the quoted mileage of a  used  vehicle  is accurate, such mileage should not be quoted in advertisements,  discussions  or negotiations or  in any documents relating to the sale of the vehicle.
3.10 It is recommended that the dealer should record the odometer reading at every stage of handling a used vehicle which  has been used on the road (e.g. at the time of purchase, at the time of any workshop work on the vehicle and at the time of resale).
3.10 All vehicles sold on behalf of clients must be clearly marked and advertised as such. All terms and conditions relating to the sale must be stated.
3.11    Under the terms of the Supply of Goods and Services (Jersey) Law 2009, referring to merchantable quality and the fitness of purpose implicit in this Law, if a buyer examines the goods before a contract  to purchase is made and that examination does not reveal defects  which ought to be  revealed,  there  is  no condition of merchantable quality. It is no defence against an infringement of the above Law to ignore a defect just because the customer, in his examination, does not find it.
          Further,  it is incumbent upon members of the JMTF to adopt the  practice whereby if such a defect were to  render the vehicle  to be in contradiction of the terms of that Law at the time  of  sale, such defect will be put  right  at  the dealer's  expense in terms of parts or labour regardless of the terms of the warranty provided that such time will only have elapsed that such a defect can be shown to have been present  at the time of sale. In the event of there being a dispute as to the reasonableness of this time  lapse,  such dispute may  be resolved by the  Federation’s  arbitration procedure.
3.12   It  is a matter of principle for members of the  JMTF  that where  vehicles  are sold ‘caveat emptor’  (let  the  buyer beware), such vehicles are sold on the basis of no warranty and the customer agreeing and signing a disclaimer to  this effect.   Dealers are reminded that, even under the terms  of  ‘caveat emptor’, no vehicle may be sold in an unroadworthy condition as defined by the relevant Road Traffic Law, except in the circumstances as defined in 3.2.
3.13   In the event of a customer wishing to purchase the vehicle by  way  of a hire purchase agreement or any other  form of deferred  payment  or  leasing arrangement, the dealer, whether he is acting as agent for a finance organisation or not, must ensure that the customer is fully aware of all the terms of the agreement, all rates of interest being charged, the  total purchase price of the vehicle including  interest payments and any other details relevant to the operation of the  agreement. In the event of a complaint arising from a customer’s  unawareness of any aspect of the  agreement and where it can be shown that the dealer was negligent in  this respect, this shall be regarded as a violation of this Code of Practice and the Executive Council may take such action as it thinks fit against the dealer concerned. The Jersey Motor Trades Federation is a signatory to the Code of Practice for Consumer Lending.
4.1    Dealers  must  bear  in  mind   that  in  selling  goods  to consumers that, although the UK Sale of Goods Act and Trades Descriptions Act do not apply to the Channel Islands, that lack does not deprive the customer of  any rights under the Supply of Goods and Services (Jersey) Law 2009 or common law or any other relevant legislation that any item purchased shall be of merchantable quality and fit for the purpose for which it is required.     
           Any statement  in apparent conflict with  this  requirement must be avoided.
         Further it  is incumbent upon members of the  Jersey  Motor Trades Federation in their dealings to act entirely within the spirit of that legislation.
4.2    Whenever goods are offered for sale a clear indication of the cash price must be available to the customer.  Customers should also be informed of any special charges or conditions in relation to the supply of any goods at the time of sale.
4.3   Terms must not be used in advertisements if they are likely to be misunderstood by the customer or if  they are not capable of exact definition.
4.4   A dealer must not display any notices or make any statement which might mislead a customer about his legal rights in relation to the purchase of faulty equipment.
4.5    Discounts or special terms offered must be based on fair comparisons.  Such discounts or offers should be based on either the dealer's own previous price or a manufacturer’s published recommended price.  Misleading price offers relating, for example, to ‘worth...’, ‘value...’, ‘up to... off’, ‘trade sale’, etc. should be avoided.
4.6    Where there are special offers or promotions, any restrictions which are attached to those offers must be clearly stated.
5.1        Under the Code of Practice operated by the members of the SMMT, members of that body accept a responsibility for ensuring the reasonable availability of spare parts throughout  the distribution chain. Thus spare parts should be readily available from the time that a new vehicle  is offered for sale. Manufacturers should indicate the minimum period for which functional and non-functional  parts  will remain available after production of a specific  model has ceased.
5.2    Dealers will provide at least an estimate of the  cost of labour and materials for all major repairs and manufacturers' recommended servicing when requested to do so by a customer, if necessary, in writing. A firm quotation should  be offered wherever possible. It must also  be  made clear  to  the  customer whether  or  not  an  estimate or quotation  is being made. Quotations should always be in writing and must identify the dealer. It must be borne in mind that an estimate is a considered approximation of  the likely cost involved whereas a quotation constitutes a  firm price  for which the work will be done. In either case the length of time the estimate or quotation will remain valid must be stated.  If  a charge  is  to  be  made  for  the preparation  of an estimate or quotation then  the customer must  be advised before his instructions are accepted. Any dismantling costs which are necessary to  arrive  at  such estimates  or quotations should be notified to the customer in advance on the clear understanding whether or not such costs  will be charged on an estimate or quotation which  is refused.  If, during the progress of any work, it appears that  an estimate will be exceeded by a significant amount, then the customer must be notified and asked for  permission to continue with the work.
5.3  Provision of a quotation should be treated with care and it should be understood by both parties that the acceptance  of a  quotation constitutes the basis of a legally enforceable contract binding on both sides.
5.4   Parts replaced during service or repair must  be  available for  return  to the customer until the  customer  has  taken delivery of the vehicle unless a warranty claim is  involved or  unless  the parts have to be submitted to  the  supplier because the replacement  parts are being supplied on an exchange basis. Dealers should notify customers in advance of the work being done what the arrangements are with regard to the retention and disposal of parts replaced. Dealers are advised to identify by means of notices the  periods for which they are prepared to keep displaced parts available to customers and customers' attention should be drawn to  these notices.
5.5   Invoices should be clearly written or typed and give full details of the work carried out and materials used.  Dates and recorded mileages should always be noted where applicable.
5.6  Dealers should  exercise adequate care in protecting customers'  cars  and possessions while they are  in  their custody,  and should not seek by disclaimers to avoid  their legal liability  for damage or loss. Dealers should carry adequate insurance cover for such legal liability.
5.7   Repairs must be guaranteed against  failure due to workmanship for a specific mileage or time period.  Dealers are advised to  ensure that they are  adequately insured against consequential  loss claims arising  from  any  such failure.
5.8  A dealer's rules as to the method of payment he will require on completion of the work should always be notified to the customer  before the work is accepted. Dealers are reminded that it is unlawful to put a distrait on a customer's vehicle for non-payment of a bill connected with that vehicle, unless the value of the bill approximates to the value of the vehicle.   Only a court may impose a lien where the values are disproportionate.
5.9   When it is necessary to sub-contract work, the dealer  will agree to be responsible for the quality  of  the  sub-contractors'  work.  Any estimate given to the customer must include the sub-contracted work and in the event of  any increase in the charge for the work, the principles in 5.2 apply.
5.10  While a dealer's contractual responsibility is limited to the exact terms of the customer's instructions  or,  for standard services, the schedule prepared by the manufacturer or other appropriate body or person, he should make it a general rule to advise the consumer of any defects which may become apparent as the work is being carried out, especially any defect which may render the vehicle unroadworthy.
5.11  In the event of a customer not approving work necessary to render the vehicle roadworthy, the customer must be  advised in  writing (for which a prescribed form exists) that he  is accepting  the vehicle knowing it to be in  an  unroadworthy condition and that if the vehicle is  subsequently driven from the premises by its owner or his agent then the dealer has the right to notify the Driver & Vehicle Standards Department of  the unroadworthiness of the vehicle.
6.1     All advertising by dealers must comply with the codes and standards set by the Advertising Standards Authority, the British Code of Advertising Practice and the Independent Television Commission. In particular, references to credit facilities must conform to the appropriate legal requirements current at the time.
6.2    Advertisements must not contain any references to guarantees or warranties which would take away or diminish the rights of the customer such as they are, nor should they be worded as to be understood by the customer as doing so.
6.3    Advertisements should not contain the words ‘guarantee’ or ‘warranty’  unless the full terms of such  undertakings,  as well  as the remedial action open to a customer, are either clearly set out in the advertisement or are available to the customer  in  writing  at the point of sale or with the product.    
6.4   Claims and descriptions in advertisements should  not  be misleading. In particular, any comparison with other models of different manufacturers should be based on a similar set of criteria and should not be presented in such a way as to confuse or mislead the customer.
6.5     If advertisements quote fuel consumption figures  for a particular model of vehicle, the test method used to obtain these figures should be stated (ideally from the internationally approved  test  procedures).   Where any comparative claims for fuel consumption are made with other vehicles, the criteria must be shown so that the customer is not confused or misled.
6.6     Any price quoted should be the price at which the customer can buy the goods  advertised. If the price quoted does not exclude delivery charges (if appropriate), number plates, etc. such exclusions must be clearly specified.
6.7    In  the description of used vehicles, terms likely to be misunderstood  by the customer or which are not capable of exact definition should be avoided. For example, if the word ‘reconditioned’  is used, the nature of  the  reconditioning must be precisely explained.
6.8    In the description of a used vehicle, any year quoted must be either (a) the year of first use (b) the year of first registration (c) the last year that the vehicle complied with the manufacturer's specification of a  model sold as new during that calendar year whichever is the earliest.
6.9    In statements referring to the number of previous owners of a  vehicle it is not necessary to include  ownership  by  a manufacturer, dealer or finance house unless the vehicle was used  by  them in the course of their business or for any private or pleasure purpose.
6.10 Where prices are shown in an advertisement, the price must relate to the model or models advertised and such phrases as ‘Prices  from xxx....’, where the price quoted refers to a model not shown or mentioned should be avoided since this would be regarded as misleading unless the advertisement makes it clear what is being illustrated.
6.11  Discounts offered must be based on fair comparisons.      Such discounts should be based either  on  the dealer’s own previously published price or the manufacturer's recommended price.  Price offers which use the  phrases  ‘worth  xxx...’, ‘value xxx...’ or ‘up to xxx... off’ should not be used unless they are qualified and capable of substantiation.
7.1    Dealers  must  ensure, as  appropriate,  that  effective  and immediate  action is taken with a view to achieving  a  just settlement  of a complaint. It is incumbent upon the dealer to ensure  that  the  customer is  aware  of  a  complaints procedure  and how that procedure should  be  invoked  and that  the customer has the right (under this Code) to refer the complaint  to the Federation. Thus when a complaint cannot be resolved between the customer and dealer concerned, the customer should be advised  to pursue the matter as detailed in Appendix I.
7.2  It  is  included within the Code of  Practice  followed  by members  of  the SMMT that manufacturers  must  give  every assistance  to  their dealers in handling  complaints under warranty,  or those in which the manufacturer is otherwise involved.
7.3   When   complaints are raised through a third party (e.g.,  the Automobile Association, the Royal Automobile Club, a Trading Standards officer or the Citizen's Advice  Bureau) willing guidance must be given to that body and every attempt should be  made  to  re-establish direct communication  with  the complainant and to reach a satisfactory settlement with him.
7.4   It  is  incumbent upon members of the  JMTF to give every assistance to the Federation and its nominated officer or executive Council member to investigate the complaint.
7.5   In the event of conciliation failing to resolve a  dispute, this  Federation operates its own arbitration  service  (as detailed in Appendix I) but in the event of such arbitration being unacceptable to either party, the Federation has agreed to co-operate in  the operation of low cost arbitration  arrangement which  will be  organised  by the Chartered Institute of Arbitrators (Channel Islands Branch) subject to the terms outlined in Appendix I. Customers must also be advised that they also have the option of taking  a claim to the courts.
7.6    The decision of the arbitrator is enforceable in law on all parties.
8.1     As  subscribers to this Code of  Practice,  members should ensure that  the symbol of the Jersey Motor Trades Federation  is  clearly displayed for the information of customers as indicating adherence to this Code of Practice.
8.2  All  dealers  should  maintain  an   analysis  of  justified complaints relating to any of the provisions of this Code of Practice and should take action, based on this information, to improve their service to the customer.
8.3  The Jersey  Motor  Trades  Federation  will  analyse  all complaints  about  the Code  or matters  referred  to  the Federation for conciliation or arbitration. The results of such analyses may be published as part of the President's annual report if such is appropriate.
8.4   The Code  is designed to  promote  the  highest  standards of  service  among    members of  the  Jersey  Motor  Trades Federation and as such should be made available to  members of the public should they ask for it.
8.5   Any member who considers that the terms of the Code of Practice are no longer relevant should make such report  to the  Executive Council who shall examine the matter and decide  whether or not the Code needs amendment. If such  is the case, such amendment shall be discussed and approved by the membership at a general meeting of the Federation which may,  if  necessary,  be called for the purpose under the general rules of  the Federation. In the event of the membership approving a modification, that modification shall be made immediately and need not wait for the Federation's annual general meeting.
8.6    In the event of consumer legislation overtaking the terms of this Code of  Practice, those terms affected, shall be modified as a matter of course to comply with the legislation and do not require the approval of  the membership at a general meeting.
8.7  The purpose of this Code is to create a set of rules  which will  reinforce  the public's confidence  in  dealing  with members  of  the JMTF. The Code is designed to enhance the legal framework within which motor traders operate and it should be assumed that any legislation or proposed legislation affecting the trade will incorporated into the Code as a matter of course and will not require the approval of the membership at a general meeting.
8.8.  In the event of a Member being found to be in breach of the Code  of  Practice, the Executive Council  shall  consider whether  or not that Member should continue as a member.  In the  event  of a membership being terminated,  those bodies that have an interest  in  the composition of  the Federation's membership,  e.g.  Citizen's  Advice Bureau, Driver & Vehicle Standards Department and Trading Standards  Department, or any other body as the Executive Council shall  consider appropriate,  shall be duly informed with, if the Executive Council  so  decides, the reasons for the  termination  of membership being disclosed. The Executive Council shall, at its discretion, publish its membership list from time to time and also, if deemed appropriate at the time,  the names of companies and organisations whose membership of the Federation has ceased.
 1.    A  customer who has a complaint about the  quality  of  the goods  or  service  to his vehicle should,  in  the  first instance, refer it to the dealer concerned.
 2.    Such complaint should be addressed to a senior executive, a director, a partner or the    proprietor.
 3.      If the complaint relates to the warranty on a  new vehicle and the dealer is unable to resolve the matter, the customer should  take  his  complaint direct  to  the manufacturer concerned.
 4.     If  attempts  to reach a satisfactory  solution  with  the dealer  fail, the customer has the right, under this  Code, to  refer  his  complaint, in  writing,  to the Complaints and Arbitration Panel of the Jersey Motor  Trades Federation.
          However  this service is only available where the  complaint is  being made against a member. The Federation may advise the customer as to a course of action where the dealer  is not a member of this Federation but the Federation itself to powerless to act on that customer's behalf.
a)   If the complaint refers to a manufacturer's warranty  or is made against a dealer where the matter under question is the manufacturer's warranty, the address to write  to is:
          The Legal Department,
          Society of Motor Manufacturers and Traders,
          Forbes House,
          Halkin Street,
          London SW1X 7DS.
b) if  the complaint is against a dealer, for  any  other reason than above, the address to write to is:
         The Complaints and Arbitration Panel,
         Jersey Motor Trades Federation,
         c/o 10 LA Colline
         Queen’s Road
         St Helier,
         Jersey JE2 3XW
 5. Under the terms of this Code and  the Code of Practice applied by the members of the Society of Motor Manufacturers and Traders, the appropriate trade Federation will use its best endeavours to try to resolve the complaint.
 6. If  the chairman of the Complaints and  Arbitration  Panel deems  that a satisfactory solution cannot be  reached,  the Jersey  Motor Trades Federation member will agree to go to arbitration except in those cases where the Executive Council of  the Federation considers  that it is unreasonable for the member to be required to do so.
 7. Such  initial  arbitration shall be composed of a panel consisting of three persons; one from the motor trade,  one from  any representative consumer organisation (such  as  the Citizens Advice Bureau) and an independent chairman. It shall be a prerequisite of such an arbitration that both parties to the dispute agree to be bound by the findings of this  particular  panel.  
 8. Such a panel will invite each party to present its case and consider such case on its merits. Legal representation at such a panel meeting shall be at the absolute discretion of the panel chairman and his decision shall be binding on both parties and shall be a pre-condition of the panel  meeting and arbitrating the case.
 9. The decision of the Arbitration will be published in writing to the parties to the dispute.
10. In the event of such a panel being unacceptable  to either party,  the  Chartered  Institute of Arbitrators  (Channel Islands Branch) shall be invited to appoint an Arbitrator.
11. Parties to arbitration will be asked to pay the registration fee laid  down by the Chartered Institute  of  Arbitrators (Channel  Islands Branch). Later, when the Arbitrator makes his award, he will consider whether the registration  fee should be returned to the successful party.
12. In order to keep costs as low as possible, the  arbitration will normally rely on documents. In these cases none of the parties to the dispute may be present, nor may  they  be represented by any other person.
13. The  Jersey  Motor Trades Federation will  submit  to  the Chartered Institute of Arbitrators (Channel Islands  Branch) all  the  documentary evidence in its  possession  that  is considered relevant to the case. The Chartered Institute of Arbitrators (Channel Islands Branch) will advise the parties to the dispute of the written evidence available on which to base  the judgement, and invite the parties to  submit  any further evidence which is considered relevant.
14. The  Chairman  of the Chartered  Institute  of  Arbitrators (Channel  Islands Branch) will appoint a  single  arbitrator and  will  make  all  the  necessary arrangements  for  the arbitration to be conducted as speedily as possible.
15. In suitable cases, the Arbitrator has the right to  conduct an oral  arbitration, and the parties may  then  attend  to present  their personal evidence. Legal representation  may only be employed if the Arbitrator so directs.
16. The Arbitrator will have the power to direct any  party  to provide  to him and to the other party(ies) any  additional document  or information he considers to be relevant to  the matter under dispute.
17. The decision of the Arbitrator will be published in writing to the parties to the dispute.
18. The decision of the Arbitrator is enforceable in the Courts by any party.
In conjunction with the States of Jersey Fire Service, the Driver & Vehicle Standards Department,  the  State of  Jersey  Police,  the  Social Security  Department and the fuel supply companies, the JMTF  has drawn up a series of guidelines for operators and employers which form an appendix to the Federation's Code of Practice.
1. All  petroleum  installations  should  in  general  conform to  the  guidelines  indicated  in  the  Health  and  Safety booklet  HS(G)  41 Petrol  Filling  Stations:  Construction and  Operation and  it is  recommended  that  all  members dispensing fuel obtain a copy.
2.  Careful  consideration should be given to the sale of  any other product within the hazardous area.
3.  Car sales areas should be clearly defined and not impede any part of the forecourt.
4. The delivery of fuel from a road tanker must be regarded  as the  most  hazardous time on the forecourt.  Supervision  of this  is  essential in ensuring safety. A road tanker  must also  be  able to be driven away from the  site  easily  and without reversing. The road tanker position must be  clearly identified.
5. Petrol pump nozzles are available which are capable of being separated  under specific tension and being reconnected.  It is recommended that as an additional aid to forecourt safety all members should consider the adoption for all forecourts. Further  advices on this matter are available from the  fuel supply companies.
6. All signage should be clear and in an unobstructed position, sufficient  to  be  see easily  from  all  parts of  the forecourt.
7. All hand fire fighting equipment should be changed to the 9 litre AFFF Multipurpose spray type, this type being regarded as  more  reliable  for operation in  external  atmospheric conditions.
8. All  staff operating within the petroleum station  must  be adequately  trained  in all aspects  of  supervision  and maintenance of safety matters.
9. The following rules must be strictly applied by staff working on motor fuel sales:
·      NEVER dispense fuel with the vehicle's engine running
·      NEVER dispense fuel standing between the  hose and  the vehicle
·      NEVER leave a vehicle unattended while dispensing fuel
·      NEVER walk in front of a customer's vehicle
·      NEVER allow the driver to restart the vehicle until filling is completed and the filler cap is replaced 
·      NEVER allow smoking on the forecourt
·      NEVER become complacent
·      NEVER forget you are dealing with dangerous substances
·      ALWAYS ensure that the driver has stopped the engine AND switched off the ignition
·      ALWAYS ensure that the driver has applied the vehicle's handbrake
·      ALWAYS replace pump hoses neatly in line with the pump
·      ALWAYS ensure safety equipment is in place before receiving fuel
·      ALWAYS ensure sand is spread over fuel spillages
·      ALWAYS ensure pump islands are clean and tidy
·      ALWAYS ensure litter bins are emptied regularly
·      ALWAYS ensure that ALL warning signs are clear, clean and visible
·      REMEMBER to check fire extinguishers and sand buckets regularly
·      REMEMBER to check safety and first aid equipment regularly
·      REMEMBER safety procedures in the event of an emergency
·      REMEMBER the locations of master-switches for power,  fuel delivery, etc.
The Jersey Motor Trades Federation
c/o 10 La Colline
Queen’s Road
St Helier
Jersey JE2 3XW
JMTF 2011 (Amended 2009)
1, ..................................................of ..................................................hereby agree that I have been advised by……………………………………………………………………………………………... of...................................................of the defects to my vehicle  listed  below  and that in  the  dealer's  opinion  such defects,  unless  corrected,  may cause the  vehicle  to  be unroadworthy  under  the  terms  of  the Motor  Vehicles (Construction & Use)(Jersey) Order 1998.
I  accept therefore that having chosen not to authorise  the necessary  work to correct the defects to be carried out  at this  time,  I  am removing the vehicle  from  the  dealer's premises  entirely  on my own responsibility  and  that  the dealer shall not be held liable for any subsequent  incident that may occur as a result of my action.
I  also  acknowledge that, in accordance with  the  Code of Practice of the Jersey Motor Trades Federation, the  dealer may  inform  the Driver & Vehicle Standards Department of  my  action  in removing the  vehicle  knowing  that  it may  be in an unroadworthy condition within the terms of the Order.
Signed ...................................................……………………………………………….
Signed on behalf of the dealer............................……………………………………….
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