APPENDIX A

(The PSV Regulatory Deficiencies & Causes)

"The Making Stuff Up as Go Along" approach

How we got to the current “Making Stuff up as Go Along” approach for Taxi Industry Regulation is a mix of:-

1. A legacy from “the Good Old Days” in Jersey where Civil Servants such as a Chief Motor Traffic Officer ruled with a rod of iron and their word alone was law (Drivers not dressed smartly, including simply no tie were sent home!). 

Enforced by Plates being immediately removed with no recourse (the idea of anyone doing an appeal in the Royal Court not even considered as an option – including from the belief that the Royal Court would back up “the Establishment”).

2. Never fully adapted to the Ministerial System of Government that is based on published Laws, Regulations and Ministerial Decisions that everyone can legally rely on.

3. No Transparency makes the simple look complicated, an approach that works well as a Job / Work creation scheme within a Bureaucracy.

4. No accountability for simple incompetence as made up nonsense can be easily revised or denied when not published.

5. Wanting to be able to make up own rules as go along, without much (any?!)consideration for whether would later stand up in Court – as know most won't go there.

6. A genuine belief that “Making Stuff up as Go Along” is the best approach.

7. “Something must be done” combined with “this sounds like a good idea” and “it looks like we are doing something” to always keep selves busy and relevant. In any large organisation (not just the public sector!) that approach has much merit for those involved to be seen to be “Doing Something”.

8. A lack of understanding of the existing Taxi Industry Regulations (that are written down!), particularly on the gaps that exist and require filling at Ministerial Level. 

9. A desire to be in control instead of recognising that the Infrastructure Department's role is simply to perform a very basic administrative function.

Achieved by the simple magic of “Making Stuff up as go Along”, not writing all the resultant nonsense down and “Mushrooming” the Taxi Minister of the day for a “Tail Wagging the Dog” Approach.