Driver and Vehicle Standards - proposed transfer to transport and technical services

STATES OF JERSEY

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DRIVER AND VEHICLE STANDARDS: PROPOSED TRANSFER TO TRANSPORT AND TECHNICAL SERVICES

Lodged au Greffe on 6th September 2005 by the Policy and Resources Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to re f er to their Act dated 6th July 2005, in which inter alia they agreed that following the introduction of

the ministerial system there should be a Minister for Transport and Technical Services, and –

to a g r e e th a t political responsibility for the Driver and Vehicle Standards Department, and the

functions undertaken by that Department, should be transferred from the Home Affairs Minister to the Transport and Technical Services Minister.

POLICY AND RESOURCES COMMITTEE

REPORT

1. I n t roduction

1. F o llowing a States' debate in July 2005, discussions have taken placeonwhetherthereshouldbeany transfer of responsibility forDriver and Vehicle Standardsfollowing the introduction of the ministerial system. Having reviewed this matter with the Home Affairs and Environment and Public Services Committees, the Policy and Resources Committee is recommending that political and operational responsibility for Driver and Vehicle Standards shouldbe transferred from Home Affairs to Transportand Technical Services.
   2. B a c kground

1. O n 6th July 2005the States approved a reportand proposition of the Policy and Resources Committee on Environment and Public Services: Establishment of Ministers and Departments' (P.120/2005). In adopting this proposition, the States agreed that –

( a) r es ponsibility for on-Island transport policy should rest with a single minister (Transport and

Technical Services'); and

( b ) th e name of the Minister/Department for Environment' should be changed to Planning and

Environment', and the Minister/Department for Public Services' to Transport and Technical Services'.

2. In the report accompanying P.120/2005 the Policy andResourcesCommittee referred to the Driver and Vehicle StandardsDepartment in the following terms –

R e sp o n s i b il ity for the Driver and Vehicle Standards Department (DVS) currently rests with the Home Affairs Committee, and it is suggested that discussions should take place with that Committee in order to establish whether there should be any changes in this respect. Any specific proposals arising from these discussions can be brought forward for consideration by the States in due course, following the introduction of the ministerial system.' (paragraph 3.6)

3. T h e proposition P.120/2005 was the subject of an amendmentoftheEnvironmentand Public Services Committee in whichitwas proposed that political responsibility for the Driver and Vehicle Standards Department and the functions undertaken by that Department' should betransferred from Home Affairs to TransportandTechnicalServices.However, this amendmentwaswithdrawn for procedural reasons by the EnvironmentandPublic Services Committeeatthebeginningof the debateonP.120/2005.
4. D u ring theStates' debate onP.120/2005, the Policy and ResourcesCommitteeconfirmed that it would be willing to examinethe subject of responsibility for DVS in more detail, and stated that it would report back to the States at an early opportunity.

3. R  es ponsibility for Driverand Vehicle Standards

1. F o llowingon from the States' decision on 6th July, discussionshave taken place at officer levelto consider the arguments for and against thepossible transfer ofDriverand Vehicle Standards. These discussions have involved officers from Home Affairs (including DVS), Environment and Public Services, and Policyand Resources, and they havemade the following recommendations –

• t h a t the functions of Driver and Vehicle Standards fit well together and they should be maintained as a single entity; and

• t h a t the Driver and Vehicle Standards Department should be transferred from Home Affairs to Transport and Technical Services.

2. T h e viewsof the officer groupwereforwardedon to theHome Affairs andEnvironment and Public Services Committees, and both committeeshavesupportedtheserecommendations.
3. T h e Policy andResourcesCommitteealso agrees with these recommendations, and believes that there are good reasons to support theproposed transfer. In particular, the Committee believes that a transfer would bring the followingbenefits –

• C la r ity of responsibility – The Transport and Technical Services Minister/Department will have a designated responsibility for on-Island transport policy. This will include such areas as traffic

management and planning, main roads maintenance, and car parking.

G i v e n t h a t th e work of DVS is centred entirely on on-Island transport matters, it is considered that

it would be both desirable and logical for it to come under the umbrella of Transport and Technical Services. This arrangement would be very much in line with one of the key principles in P.70/2002 (Machinery of Government: Proposed Departmental Structure and Transitional Arrangements'), i.e. that there should be clear accountability, at ministerial level, for defined functions and areas of public service as perceived by the community at large'.

• P r a c tical benefits – There are significant practical benefits to be derived from DVS moving to the

Transport and Technical Services Department. This department includes services where officers already have an expertise in technical and transport matters, including traffic engineers. There will be ample opportunities for internal cross-departmental working, and this will allow technical specialists to work together when developing new policies.

S y n e r g y –  T here is a close synergy between the DVS regulatory policies, which relate to transport

safety and matters such as width restrictions on vehicles, and the responsibilities of the highways authority in respect of safety and the free flow of traffic.

4. T h e argumenthasbeenmade that Driver and Vehicle StandardsshouldremainwithinHome Affairs because muchof its work is regulatory in nature, and is therefore similar in nature to thepolicingand enforcement work that iscarriedoutbythe States of Jersey Police. The Policy and ResourcesCommittee does not believe this argumentto be persuasive, and in this connectionitisworth noting that Home Affairs isnottheonlydepartment in the States that tocarry out regulatory and enforcement work. Indeed, there are several departments that have significant responsibilities in this area, e.g. the Housing Department in relation to the Housing and Lodging Houses Laws, and the Employment and Social Security Department in relation to laws on benefits and contributions. There are also successful arrangements in place for the regulation of functions withinthesame department, the mostnotablebeing the responsibilityof Health andSocialServices for regulating standardsin nursing homes and hospitals.
5. It is important, of course, that there should be a good working relationship between Driver and Vehicle Standards and the Police, but this is already in place and it is not considered that it will be affected by a move from Home Affairs to TransportandTechnicalServices.
6. In reviewing the regulatory aspects oftheworkofDriver and Vehicle Standards, consideration hasbeen given to the need to maintain an appropriate separation of regulatory and operational functions. The Committee believes that it isimportant to avoidany conflicts of interest between the regulator (in this case, DVS)andtheoperator in the eventof a transfertoTransport and TechnicalServices.The prime area of concern relates to the arrangements for dealing with serious defects, incidents, or prosecutions involving States-owned vehicles. In such circumstances it is proposed that cases should be referred by DVS directly to theLawOfficers,withouttheinvolvement of the Chief Officer of the Transportand Technical ServicesDepartment,norofthe Chief Executiveof the Council of Ministers.
7. T h e other main issuefor consideration by the Committeehas been whether it would be desirable to separate out one or more of the functions of the Driver and Vehicle Standards Department. The

Committee has reviewed the Department's main functions, and a list of these functions is attached for information

in the Appendix to this report. It will be seen that the responsibilities of the department are inter-related, with there being a natural link between vehicle registrations, vehicle inspections, driving tests, etc. In the Committee's view, it would be counter-productive to start separating out these responsibilities, especially as this could affect the quality of service to the public. It is therefore proposed that the DVS department should remain as a single entity.

4. R  ec ommendationandimplementation

1. T h e Policy andResources Committee recommends that political and operational responsibility for the Driver andVehicleStandardsDepartment should be transferred from Home Affairs to theTransportand Technical ServicesMinister.
2. S u bject to approval by the States, the transfer of Driver and Vehicle Standards will require a significant numberof consequential amendments to legislation. Itisunlikely that there will be sufficient time to prepare and obtain States' approval to these amendmentsbeforetheministerialsystemcomes into effect at the beginning of December, and it is therefore proposed that the legislative changes should be submitted forapprovalbythe States early next year.The transfer ofDVS from Home Affairs to Transport and TechnicalServices can then take immediate effect.

5. F i n ancialandmanpower implications

5.1 T h e financial and manpower implications of this proposition are not considered to be significant.

APPENDIX

DVS MAIN FUNCTIONS

1. D  R IVING EXAMINERS D r iv i ng Tests

• C o n d uct Practical Tests – 2,800

• C o n d uct Island Knowledge Tests for Public Service Vehicle Licence applicants

2. V  E HICLE REGISTRATION/GENERAL OFFICE V e h ic le Registration

• R e g i ster Motor Vehicles imported to Jersey – 8,500

• T r a n sfer Ownership of Vehicles – 24,150

• R e m  ove scrapped vehicles from register – 3,200

• R e m  ove exported vehicles from register and issue Certificates of Export – 5,300

• R e c o rd changes of name and addresses on register – 6,000

• R e c o rd changes to vehicle details on register – 250

• I s su e Trade Plates

• D  ea l with all vehicle registration enquires – phone, counter and post

• I n a d dition to above we collect £4m in Vehicle Registration Duty on behalf of Customs

• P r o s ecute those who fail to notify change of ownership of vehicles

D r iv i ng Tests

• B o o k Theory Test appointments – 3,000 (balance booked on line)

• B o o k Practical Test appointments – 2,300 (balance booked on line)

• I n v ig ilate the 3,800 Theory Tests

P u b li c Service Vehicles

• I s su e PSV Drivers' Licences – 850

• I s su e PSV Vehicle Certificates of Fitness – 524

3. T R  AFFIC OFFICERS V e h ic le Inspections

• E x a m  ine vehicles on behalf of States and Honorary Police – accidents, defects – 280 and produce reports for evidence. Act as witnesses if required

• I n s p ect previously registered vehicles prior to re-registration in Jersey (probity and condition) – 1,120

• I n s p ect vehicles not having type approval prior to registration – 30

• I n s p ect vehicles over 25 years of age prior to registration – 45

• I n s p ect, annually, all Public Service Vehicles to ascertain their fitness – 524

• I n s p ect all oversized vehicles for fitness and issue permanent permits to circulate – 476

• I s su e temporary permits for oversized visiting vehicles – 460

• D  ea l with all technical enquires re above – phone, counter and post.

R o a d side Checks

• I n c onjunction with States and Honorary Police conduct 30 roadside checks per year, stopping 6,400 vehicles, issuing 375 defect notices and impounding 16 vehicles.

4. L E  GAL

In a d dition to the above specifics, The Department acts as –

• T h e Jersey Driving Licence Authority in domestic, national and international matters

• J e rs e y's vehicle registration authority in domestic, national and international matters

• T  h e advisers to the Home Affairs Committee in relation to the policy re the Public Service Vehicle industry

• T h e enactor of legislation in relation to road closures in respect of races. August 2005