Request for all legislation pertaining to PPV minibus driving

Summary

The requester asked for all legislation and policy regarding Public and Private minibus driving on the Isle of Man, including government department driving. The Road Transport Licensing Committee provided Policy Document No. 01/21 detailing medical examination requirements for PPV drivers but withheld some information citing that it is already reasonably accessible.

Key Facts

• The Road Transport Licensing Committee (RTLC) requires PPV drivers to be deemed 'fit persons' under Section 40(4)(a) of the Road Transport Act 2001.
• New PPV licence applicants, including those from government departments, must undergo a medical examination.
• Drivers aged 50 or over but under 65 must undergo medical examinations upon their first renewal after turning 50, except for specific government commercial courtesy drivers.
• Drivers aged 65 and over must undergo annual medical examinations with reports submitted by their birthday.
• Failure to submit required medical reports results in licence invalidation and surrender requirements.

Data Disclosed

• Section 40(4)(a)
• Road Transport Act 2001
• Policy Document No. 01/21
• 7th October 2021
• 7th October 2026
• 24 May 2024
• 17 June 2024
• 3883045
• 9 pages
• 3 documents
• age 50
• age 65
• six months

Exemptions Cited

• Section 20 of the Act (information already reasonably accessible)

Original Request

Please provide a list of all legislation & policy and where it can be found online, or copies of all legislation that is relevant to both Public & Private minibus driving on the isle of man, including driving for different government departments.

Data Tables (1)

Full Response Text

Policy Document Review Date: 7th October 2026

RTLC Policy Document No. 01/21 – Medical Examinations for the Drivers of Public Passenger Vehicles.

This Policy Document was agreed by the Road Transport Licensing Committee (“the RTLC”) on 7th October 2021 and supersedes any previous Policy or Procedure relating to dealing with medical examinations for PPV Driver licences.

1. LEGISLATION Section 40(4)(a) of the Road Transport Act 2001 states that the RTLC shall not grant a PPV Driver licence unless it is satisfied that the applicant is “a fit person”. In order for the applicant to be considered “a fit person” by the RTLC he or she must, among other things, undergo a medical examination.
   A Medical Report form can be obtained from the RTLC office and this must be completed by the applicant’s GP or another doctor from their GP’s practice with access to their medical records. This form must then be returned to the RTLC Office.

2. NEW APPLICATIONS All applicants for a new PPV Driver licence must undergo a medical examination and supply a Medical Report form to the RTLC office. This includes “commercial courtesy” applicants or applicants from Isle of Man Government Departments.

3. UNABLE TO DRIVE FOR MEDICAL REASONS If, at any age, a holder of a PPV Driver licence is advised not to drive for medical reasons by a medical professional then they must cease driving immediately, inform the RTLC office and hand over their PPV Driver badge to a RTLC officer. The PPV Driver must then undergo a medical examination from their GP in order to be deemed “fit” to drive and have the PPV Driver badge returned to them.

4. RENEWAL APPLICATIONS FOR APPLICANTS AGED UNDER 50 Applicants under 50 at the time of renewal do not have to undergo a medical examination or submit any type of Medical Report form.

5. RENEWAL APPLICATIONS FOR APPLICANTS AGED 50 OR OVER BUT UNDER 65 (a) “Commercial courtesy” applicants or applicants employed by IoM Government Departments (excluding the Department of Infrastructure) – do not have to undergo a medical examination or submit a form other than the “IOM Government Commercial Courtesy Drivers Only” application form. Road Transport Licensing Committee

Bing Kied Carbid

Chairperson: Mr Brendan O’Friel FJMU

Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel: (01624) 651563 Email: rtlc@gov.im Website: www.gov.im/rtlc

Policy Document Review Date: 7th October 2026 (b) All other applicants – upon the first renewal following the applicant reaching the age of 50, the applicant must undergo a medical examination with their GP or another doctor from their GP’s practice. This must be repeated for every renewal until the age of 65. Failure to submit the Medical Report will result in the application not being refused by the RTLC.

1. RENEWAL APPLICATIONS FOR APPLICANTS AGED 65 AND OVER Upon reaching the age of 65 all PPV Drivers must undergo a medical examination with their GP or another doctor from their GP’s practice with access to their medical records. This process begins prior to the PPV Driver’s 65th birthday as the medical examination must take place before the licence holder turns 65 with the signed Medical Report submitted to the RTLC office no later than the date of the 65th birthday. The process must then be repeated annually with the Medical Report being received no later than the birthday of the licence holder each year. If the PPV Driver has had their PPV Driver licence renewed within six months of their 65th birthday, the Medical Report that was submitted along with that renewal application can also be used as the Medical Report for the driver’s 65th birthday as long as the date on the Report is no more than six months before the licence holder’s 65th birthday. Should the date of the Medical Report be more than six months then another medical examination will have to be undertaken before the licence holder’s 65th birthday and another Medical Report produced.
   Failure to submit the Medical Report each year by the appropriate date will result in the licence being invalidated and the licence holder will be required to surrender it to the RTLC.

Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS Tel: (01624) 651564 Email: rtlc@gov.im Website: www.gov.im/rtlc

Our ref: 3883045 17 June 2024

Dear ###

We write further to your request, received 24 May 2024, which states:

Please provide a list of all legislation & policy and where it can be found online, or copies of all legislation that is relevant to both Public & Private minibus driving on the Isle of Man, including driving for different government departments.

Our response to your request is as follows: Please see attached copies of information being released to you.

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

Some of the information that you have requested is available by following the links provided below:

• The Road Transport Act 2001, Sections 37A, 37B, 40, 41, 42, 43, 44, 47, 52, 60, 61, 62 and 63:
https://www.gov.im/media/1352513/road-transport-act-2001-v3-260220.pdf

• The Public Passenger Vehicles (Carrying Capacity) Regulations 2002, Regulations 1, 2 and 3. https://www.gov.im/media/1352517/ppvdriverslicencesregs2002.pdf

• The Public Passenger Vehicles (Carrying Capacity) Regulations 2002, Regulations 1, 3, 5, 6 and 14. https://www.legislation.gov.im/cms/images/LEGISLATION/SUBORDINATE/2002/ 2002-0091/2002-0091.pdf

• The Public Passenger Vehicles (Visiting Drivers)(Exemption) Regulations 2006, Regulations 1 and 2. https://www.gov.im/media/1353431/ppv-visiting-drivers-exemption-regulations- 2006.pdf

• The Public Passenger Vehicles (Visiting Drivers or Vehicles)(Modification of Enactment etc.) Regulations 2006,
Regulations 1, 2, 3, 5, 6, 7, 8, 9 & 10. https://www.gov.im/media/1353428/road-transport-visiting-drivers-or-vehicles- modification-of-enactment-etc-regulations-2006.pdf

• The Public Passenger Vehicles (Drivers' Licences)(Exemption) Regulations 2007,
Regulations 1 and 2. https://www.gov.im/media/1352518/ppvdrivinglicencesexemptionr.pdf

To offer advice and assistance, there is no specific Road Traffic Licensing Committee legislation that deals with the driving of minibuses.

Please quote the reference number 3883045 in any future communications.

Your right to request a review

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An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

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1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or

2. Whether we are justified in refusing to give you the information requested.

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More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im.

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Process For the Revocation (or Suspension) of a Licence or Registration Review Date: 9th November 2028

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PROCESS FOR THE REVOCATION (OR SUSPENSION) OF A LICENCE OR REGISTRATION

Introduction 1. The primary function of the Road Transport Licensing Committee (“the RTLC”), as regulator, is to ensure public safety in the operation of goods vehicles (“GVs”) and public passenger vehicles (“PPVs”). It discharges this function by ensuring that operators are registered, or licences are granted, only if it is satisfied that the requirements set out in the Road Transport Act 2001 (“the Act”) for such registration or grant are met in each case.
2. These requirements must continue to be met by the registered operator or licence holder during the duration of the registration or licence. If not, the RTLC must take regulatory action, which may include revoking or suspending the registration or licence.

Powers of Revocation or Suspension 3. The RTLC has the following powers of revocation (or suspension) under the Act:  section 18: revocation (or suspension) of a registration as a PPV or GV operator or of a PPV or GV operator’s licence;  section 33: revocation (or suspension) of a service licence (s 25 or s 29); and  section 40: revocation (or suspension) of a PPV driver licence issued under section 40. 4. In each case, the Act provides for the circumstances in which the licence or registration may be suspended, as set out below. 5. Regarding a registration or licence, section 18(1) provides that the RTLC shall by order revoke a registration or operator’s licence if it appears to it at any time that the registered operator or licence-holder no longer satisfies any one or more of the requirements of section 10(1) or (2), as the case may be. Subsection (2) sets out a number of orders, directions and prohibitions which can be made on any of the grounds for action in subsection (3). Ancillary provisions are set out in subsections (4) to (9) together with a power of disqualification in section 19. 6. In the case of a service licence, the grounds in section 33 on which the RTLC may revoke or suspend the licence are non-compliance with any condition attached to the licence, the contravention by the licence holder with any requirement of section 37 or 38 or of regulations under section 35 or 36, or a failure to provide the service in accordance with the licence. 7. Concerning a PPV driver licence, section 40(5) provides that the RTLC may, at any time, suspend or revoke a licence on the ground that, by reason of his conduct, the holder is not a fit person to hold such a licence. The “fit person” test applies to a consideration to suspend or revoke a licence as it does to a consideration to grant such a licence. Road Transport Licensing Committee

Bing Kied Carbid

Chair: Mr Graham Curphey

Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel: (01624) 651564 Email: rtlc@gov.im Website: www.gov.im/rtlc

Process For the Revocation (or Suspension) of a Licence or Registration Review Date: 9th November 2028 Circumstances in which the RTLC will consider exercising its Powers of Revocation (or Suspension) 8. In common with other regulators, the RTLC will only consider revoking (or suspending) a registration or licence where it is reasonable to do so to ensure public safety in the particular circumstances of the case. 9. Wherever reasonably practicable, the RTLC will seek to engage with the registered operator or licence holder in order to address issues of concern. Such engagement may include writing to the registered operator or licence holder, or inviting them to attend a meeting of the RTLC for a discussion of the issues and the giving of appropriate guidance. 10. In cases where, despite the engagement process, the behaviour of the registered operator or licence holder continues to fall short of the standard required, or where it is of a nature that engagement is not appropriate, the RTLC will invite the registered operator or licence holder to attend a meeting at which the RTLC will inquire into the behaviour in question and consider, in accordance with the relevant statutory provisions, whether the registration or licence should be revoked (or suspended) (“a hearing”). 11. An example of a circumstance where engagement is not appropriate is the conviction of a PPV driver licence holder of an offence which, in the opinion of the RTLC, means that they no longer meets the description of a “fit person” set out by Lord Bingham, Lord Chief Justice, in the 1998 case of McCool v Rushcliffe Borough Council, namely “that they are safe drivers with good driving records and adequate experience, sober, mentally and physically fit, honest and not persons who would take advantage of their employment to abuse or assault passengers”. 12. Before inviting a licence holder or registered operator to attend a hearing referred to in paragraph 10, the RTLC will consider whether such a process is necessary to ensure public safety. For example, if a PPV driver licence holder has been sentenced on conviction to a period of immediate custody from which they are not due to be released, or has been banned from driving and will not be eligible to retake a driving test, until after the licence is due to expire, realistically there is no risk to the public during the remainder of the period that the licence will be in force. In such a case, the RTLC may well consider that the taking of any formal action relation to the PPV driver licence would not be a reasonable use of its resources. If so, the RTLC should write to the licence holder to explain why it is not taking formal action on that occasion and indicating that, should the licence holder make an application in the future for a PPV driver licence, the conviction and sentence would be taken into account in determining whether they can be considered to be a fit person at that time. If the PPV driver licence holder were released from custody, or had their driving licence returned to them, earlier than anticipated, the RTLC would then have to consider whether this represented a material change in the risk to the public and proceed accordingly. 13. Similarly, if, prior to the expiry of a PPV driver licence, a licence holder applies for its renewal and, prior to the determination of that appli

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