THE JERSEY TAXI INDUSTRY

Regulatory Framework Report

on

The PSV Regulatory Deficiencies

&

The Remedial Solutions

 (Prepared by David B. Doré - July 2024)

UPDATES

• # 1 This Report was presented to Andy Scate (Director General of Infrastructure Department) in August 2024.  Neither during that meeting nor the subsequent correspondence was their any dispute that all Regulations for any Industry (Taxis or not) should be;

a) Written Down

b) Published

c) Be Legally Reliable & Enforceable by being authorised by  a Minister or the States Assembly (i.e. not FAKE REGULATIONS made up by DVS  on whims and enforced on a face fit basis).

Time will tell how the warm words translate into action - either before, during or after the current Regulatory Clusterfuck is tested.  A copy of the meeting follow up letter is attached - unsurprisingly no response was received.

• # 2 As the original version of this Report has been presented to Government this online version is now developing into a "Living Document". Part of that will be additional CASE EXAMPLES and an ever increasing level of "Bluntness Used for Clarity" - up to and including parts written in Crayon to aid those who struggle to understand otherwise.

• # 3 In the absence of any progress following the meeting with Government in August 2024 the original Report was presented during a meeting with Andy Jehan (Infrastructure Minister, as "Taxi Minister") on 30 April 2025 (Gordon Forrest, Head of DVS was also in attendance along with David Le Marquand from the Chief Minister's Office).  

The primary purpose of that meeting was simply to seek confirmation that from the Minister in person that he was in agreement that all Government Laws & Regulations for any Industry (Taxis or not) should be;

a) Written Down

b) Published

c) Be Legally Reliable & Enforceable by being authorised by  a Minister or the States Assembly (i.e. not made up on ever changing whims and kept secret until  enforced on a face fit basis).

Unsurprisingly there was no dispute that the above should be the case.  It appeared to be understood that any Industry needs to know WTF the Government Regulations in a way that can be relied upon to allow investment for progress. It was made clear that my position was I truly did not care WTF the Taxi Regulations are - I just want to know what they are and be able to rely on them,. Verbal assurances were given that Regulatory Deficiencies would be addressed, albeit apparently budget and personnel constraints.  However am not entirely sure it was understood that remedying the existing Regulatory Deficiencies (most of which are straightforward to address by formal Ministerial Decision) would actually make administration of the Taxi Industry easier & cheaper for Government on an ongoing basis and therefore more than recoup the short term costs.  The skeptical among us may suspect that not the attraction it should be for a Bureaucracy wedded to job creation schemes to keep selves busy. 

I advised that was happy to leave the matters in their hands for this year and looked forward to at least some progress.  Where the Journey goes in 2026 if no progress made being "One for later".

A copy of the meeting follow up letter is attached - no response was received, not even an acknowledgement. Disappointing but hardly surprising.

EXECUTIVE SUMMARY

This Report is focused on Pragmatic Solutions, with the goal of consigning the past to the past and how we got here only serving to inform – rather than apportion blame. Hence the Remedial Solutions proposed combine a KISS approach with a straightforward and quick to deliver “Administrative Tidying Up Project”.

There is great demand by the Public for the Jersey Taxi Industry to improve Service Levels. The good news being there is lots of scope for the Jersey Taxi Industry to do so and achieve:-

“Better For Everyone”

Every Industry needs New Ideas, New Investment and New Enthusiasm to develop – the Jersey Taxi Industry is no different. A Free-Market based approach can provide those, whilst still retaining the PSV System to ensure safety standards for the Public (Vehicles & Drivers).

The 2 Key Steps required are very simple and neither are contentious for any Industry operating within a Free-Market economy in the 21st Century – even in Jersey!

1.  Regulatory Transparency & Certainty

• Every Business needs to know what Regulations their Industry is subject to in a way that can be legally relied upon.

Simply putting all the Regulations and Policies into writing and Published via Ministerial Decisions provides that needed Regulatory Transparency and Certainty. The content of those Regulations being secondary.

2.  Removing Artificial Barriers for Entry

• Removing Artificial Barriers to Entry (especially those that are Unenforceable, Not Authorised, Not Published, Unwritten, Mysterious & Changeable on Whims and / or a "Face Fits Basis" - or all of those!) allows those who wish the Jersey Taxi Industry to develop to meet ever changing Customer demands - simply from New Entrants bringing New Ideas, New Investment and New Enthusiasm.

Currently the Jersey Taxi Industry is restrained by a Legacy Regulatory approach based on the former PSV System that nowadays serves only to protect the commercial interests of those for whom a Status Quo wedded to the past favours. A past long gone in both the PSV Regulatory Framework since 2015 and in Commercial Reality. 

REPORT

Introduction

This Report is focused on Pragmatic Solutions, with the goal of consigning the past to the past and how we got here only serving to inform – rather than apportion blame. Hence the Remedial Solutions proposed combine a KISS approach with a straightforward and quick to deliver “Administrative Tidying Up Project”.

The Problems

Currently the Jersey Taxi Industry is constrained by a Legacy Government attitude that combines “Nanny Knows Best” with “Systemic Bureaucratic Failure” based on the past PSV System which sought to manage how the Taxi Industry delivers service by constraining how can develop, albeit with the worthy goal of the best service for Customers.

Unfortunately any Bureaucracy (outside any commercially based Industry) is inherently incapable of delivering that worthy goal successfully for any Industry – no matter how well intentioned. Government Bureaucracy is no different..

The Solutions

The Solutions are two-fold:-

1. Government (both Politically and Bureaucratically) being willing to move forward from the Legacy approach that serves no Public Interest Purpose of combining Barriers to Entry with a lack of Regulatory Transparency - including via “Making Stuff Up as Go Along” posing as Regulations.

The requisite attitude shift by Government to Regulation is beyond the scope of this Report.

2. A simple “Administrative Tidying up Project” (for 10 items) based on a KISS approach (i.e. only Regulations that can be Administered, Enforced and serve an actual Public Interest Purpose). Could be completed by end of 2024 (with few noticing or caring!) as does not create any Fundamental Changes to the PSV Regulatory Framework. And can be achieved by Ministerial Decisions only (i.e. without any changes to Primary Legislation).

The Benefits

1. Allows the Taxi Industry to develop itself into: “Better for Everyone”.

2. Reduces the burden for Government Bureaucracy by only Administering & Enforcing the achievable – which serve an actual Public Interest Purpose.

3. Saves “Muggins the Taxpayer” from the ongoing costs of Senior Management attempting to deliver the unachievable (for them) and from the predictable future legal challenges by continuing with the current approach.