Road Traffic (Jersey) Law 1956, Provision of Compulsory Basic Training for Motorcyclists

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (06/02/2009) regarding: Road Traffic (Jersey) Law 1956, Provision of Compulsory Basic Training for Motorcyclists - CBT.

Decision Reference: MD-T-2009-0010
Decision Summary Title :	Road Traffic (Jersey) Law 1956 Provision of Compulsory Basic Training For Motorcyclists (CBT)		Date of Decision Summary:	23 January 2009
Decision Summary Author:	Head of DVS & Inspector of Motor Traffic		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Road Traffic (Jersey) Law 1956 Provision of Compulsory Basic Training For Motorcyclists (CBT)		Date of Written Report:	23 January 2009
Written Report Author:	Head of DVS & Inspector of Motor Traffic		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Road Traffic (Jersey) Law 1956 - Provision Of Compulsory Basic Training For Motorcyclists (CBT).
Decision(s): The Minister approved :- Jersey School of Motorcycling Limited as the provider of Compulsory Basic Training for Motorcyclists (CBT) for a five year period commencing 1st March 2009, subject to signing the Service Level Agreement; and Confirmed that the prescribed fee for the Compulsory Basic Training course, currently £102, should be increased annually in line with the Jersey RPI.
Reason(s) for Decision: To maintain provision of Compulsory Basic Training for motorcyclists for the next five years.
Resource Implications: None.
Action required: The Head of Driver and Vehicle Standards to advise Jersey School of Motorcycling Limited of the Minister’s decision and arrange completion of the Service Level Agreement.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Road Traffic (Jersey) Law 1956, Provision of Compulsory Basic Training for Motorcyclists - CBT.

TRANSPORT AND TECHNICAL SERVICES

ROAD TRAFFIC (JERSEY) LAW 1956

PROVISION OF COMPULSORY BASIC TRAINING FOR MOTORCYCLISTS (CBT)

Purpose of the Report

To approve the appointment of Jersey School of Motorcycling Limited as the provider of Compulsory Basic Training for Motorcyclists (CBT) for a five year period commencing 1st March 2009.

Background

The Motor Vehicles (Driving Licences) (Jersey) Order 2003, as amended, requires that before riding a motorcycle of category P or A1 on a road, novice riders must first pass a course of Compulsory Basic Training for motorcyclists. Article 13 of the Order states that the basic training course is “held or arranged by the Minister and conducted by an instructor approved by the Minister….”. The current provider of CBT is Jersey School of Motorcycling Limited. The agreement with the current provider expires at the end of February 2009. Approximately 1,000 new riders undertake CBT each year.

Discussion

The current agreement for providing CBT expires at the end of February 2009. In view of this, advertisements were placed in the Gazette on 10th and 11th December 2008, seeking Expressions of Interest from suitably qualified organisations and persons in providing CBT for the period March 2009 until February 2014.

Those expressing an interest by 22nd December 2008 were provided with details for submitting an application to provide CBT and the requirements to be met. The closing date for applications was 20th January 2009.

The only organisation expressing an interest and subsequently submitting an application was Jersey School of Motorcycling Limited (JSM), the current provider.

JSM’s application confirms that the company has:-

suitably qualified and experienced instructors,
access to suitable premises for classroom and off-road training,
appropriate administration for receiving and processing applications and providing the required reports to Driver and Vehicle Standards,

to meet the standards and demand for providing CBT. (A copy of the application will be available to the Minister).

The prescribed fee for CBT is currently £102. On the basis of its planned budget and expected demand, JSM has stated it will be able to honour the prescribed fee for the first year of operation but has asked the Minister to agree to increase the fee annually in line with the Jersey’s RPI as JSM’s costs in maintaining provision will rise over the period of the agreement. While it is States policy to restrict increases in fees to 2.5%, it would seem reasonable to agree to this request to increase the fee by the RPI.

JSM has also stated in its submission that “for reasons of viability having due regard to JSM’s Budget forecast and the current £102 fee level…..” it would wish to enter into a Service Level Agreement on the basis that it would be the sole provider for CBT in Jersey. As an open and fair application process has been followed, provided JSM continues to meet the required standards and demand, there would be no reason for the Minister to seek to appoint other CBT providers. However, bearing in mind that demand may fluctuate or other unforeseen changes arise, it would seem sensible that the Minister retains the option of appointing other providers should circumstances change significantly.

JSM has provided CBT for the past five years, maintaining high standards and receiving very few complaints. The working relationship with the Department has been very good.

A copy of the proposed Service Level Agreement is attached.

Recommendation

In accordance with Article 13 of the Motor Vehicles (Driving Licences) (Jersey) Order 2003, the Minister is asked to approve :-

Jersey School of Motorcycling Limited as the provider of Compulsory Basic Training for Motorcyclists (CBT) for a five year period commencing 1st March 2009, subject to signing the Service Level Agreement; and
Confirm that the prescribed fee for the Compulsory Basic Training course, currently £102, should be increased annually in line with the Jersey RPI.

Reason(s) for Decision

To maintain provision of Compulsory Basic Training for motorcyclists for the next five years.

Action Required

The Head of Driver and Vehicle Standards to advise Jersey School of Motorcycling Limited of the Minister’s decision and arrange completion of the Service Level Agreement.

Written by:	Alan Muir, Head of Driver and Vehicle Standards

Approved by:	Caroline Anderson, Director of Transport

Attachments: Copy of the proposed Service Level Agreement.