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Statement by the President of the Transport Licensing Authority

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Wednesday 06 June 2018

General Update

On 7 July 2015, the States Review Committee submitted its second Policy Letter on the Organisation of States Affairs to the States. In that Policy Letter, it recommended that policy responsibility for air links and the determination of air transport licensing applications should be separated, and that recommendation was accepted by the States.

Consequently, while the responsibilities of the Committee for Economic Development include the development and promotion of air and sea links, the Transport Licensing Authority was constituted with effect from 1 May 2016 with the duty to determine air route licence applications in relation to services between Guernsey and any other place in the British Isles.

The Authority does not have a broad mandate and this update will therefore be brief.

The work of the Authority is reactive and it must carry out its functions in accordance with the Air Transport Licensing (Guernsey) Law, 1995. When determining licence applications submitted by airlines, it must take account of the air transport licensing policy statement that was last amended by the States in 2013.

Since it was constituted, the Authority has determined seven applications and granted licences for services to Luton, Cardiff, Alderney (2 licences, one of which was only for cargo), Jersey and for sightseeing tours that start and end in Guernsey.

In order to avoid any perception of partiality, the Authority does not engage with airlines, other than through the licensing process. If any Members have questions at the end of this update, please be aware that I will only be able to provide information on the licensing process. Any questions regarding air transport policy and air route development will need to be addressed to the Committee for Economic Development.

In 2015, the States Review Committee also envisaged that the responsibilities of the Authority would be extended to incorporate all forms of transport licensing, including in relation to public vehicles and vehicle and driver licensing.

In this regard it is anticipated that the Authority could have a licensing function in relation to Ro-Ro ferry services, however the enactment of appropriate legislation is pending until the future service model and approach to Guernsey's ferry services is decided. This is a policy matter that rests with the Committee for Economic Development.

It was also envisaged at the time that the Authority would have licensing functions in relation to various road traffic and road vehicle matters. There is a considerable body of legislation relating to these matters, some of it dating from the 1950s, and taken together it covers a range of both policy and licensing functions.

Work to separate policy from licensing is ongoing. The aim is that the Committee for the Environment and Infrastructure will retain responsibility for policy, while the Authority will undertake the licensing functions. This has proven to be a complex undertaking, and there is ongoing engagement with St. James' Chambers to achieve this.

Finally, I would like to thank the present Board Members, and also past Members, for their invaluable contributions to the work of the Authority and to thank St. James Chambers for the support that it provides to us.

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