Outcomes - Selected Case Summaries
Categories
 Complaint against Public Transport Unit (PTU)
Freedom of Information | 01 December 2023
The complainant had concerns related to delayed response by the Public Transport Unit's processing of his application for renewal of a transport licence and adding a vehicle to a current fleet of vehicles. He considered some of the new requirements to be arbitrary and not based on proper policy directives. These issues included contradictory requirement for VIN numbers on forms, mandatory requirement for drug testing to be carried out at the Health Services Authority only and lack of guidance on the business plan requirement.
There was alleged delay in obtaining all the information but there was clarification of some issues as forms were updated and information provided on requirements. There was an extension of the 28 days for review of maladministration to confirm whether requirements were based on written policy that resulted in informal meetings with the PTU employees and lengthy email correspondence. There is a primary source of authority in the Traffic (Public Passenger Vehicles) Regulations (2020 Revision) that provides for the PTU to state the information required for reasonable consideration of permits to be issued.
The OMB received background information on the mandatory requirement for HSA labs (comparison of labs, minutes by the Public Transport Board and legal direction). The complainant was also provided with assistance to complete his renewal application, which had only been deferred due to incomplete information. The complainant's views regarding transport industry norms that he thought were excluded and or misunderstood in the current practices of the Director, were brought to the attention of the Director and Senior Inspector of the PTU.
Several issues were informally resolved during the course of investigation, some concerns for change were outside scope of investigation and the complainant was informed of an offer to receive personal assistance, which he has acknowledged and would alleviate any further delays.