APPENDIX B

(The PSV Regulatory Deficiencies & Causes)

Acting without Legal and / or Ministerial  Authority

Examples

Reversing a Ministerial Decision without Authority:-

• Raising the Island Knowledge Barrier for prospective PSV Drivers instead of reducing the Barrier, as instructed by Ministerial Decision. (CASE EXAMPLE 1 - PDF)

Not enacting a Ministerial Decision:-

• Scheme of Delegation (of Powers) by Ministerial Decision (MD-T-2016–0001 on 6 Jan 2016 and presented to the States Assembly on 12 Jan 2016).

No subsequent Ministerial approval on the requisite Policies for granting PSV Licences (Plates) or to approve the Standard Conditions of PSV Licences to enable the delegated administrative power (of issuing PSV Licences) to be exercised. The Minister clearly chose to retain both of those Powers. (CASE EXAMPLE 2 - PDF)

Administrative Powers exceeded:-

• Changing PSV Licence Conditions (Taxi Company held Purple Plates)

Exercising a Ministerial Power without Authority:-

• Setting PSV Licence (Plate) Issuing Policies (Company and Purple).

• Setting PSV Licence (Plate) “Standard Licence Conditions”.

Exceeding Powers / Regulations not followed as Enacted:-

• Creating and enforcing own rules to prevent New Taxi Companies being established, with the effect of creating Artificial Barriers to entry and unintended consequences. (CASE EXAMPLE 3 - PDF)

• Issuing Company Plates with PSV Licence Conditions the Licence Holders clearly do not meet (“Company must be Incorporated”).

• Adding PSV Vehicle Restrictions (Age & Mileage).

• Setting additional Restrictions for new Plate Holders (Vehicle Types).

Incompetence

• Driver Disciplinary System – not published (or fully documented?) and subjected to continued legal challenge, including Royal Court Intervention & Criticism.

• The Taxi-Cab Industry Regulatory Reform Program – not yet fully implemented (Ministerial Decision in 2015) now 9 years and counting!