Public Transport Appeals Tribunal Regulations, 2025

PUBLIC TRANSPORT APPEALS TRIBUNAL REGULATIONS, 2025 PUBLISHING DETAILS Arrangement of Regulations PUBLIC TRANSPORT APPEALS TRIBUNAL Arrangement of Regulations Regulation Regulation 1 PUBLIC TRANSPORT APPEALS TRIBUNAL In exercise of the powers conferred by section 20 of the Public Transport Act, 2024, the Cabinet makes the following Regulations — Citation These Regulations may be cited as the Public Transport Appeals Tribunal Definitions In these Regulations — “Appeals Tribunal” means the Public Transport Appeals Tribunal continued under regulation 4; “chairperson” means the chairperson of the Appeals Tribunal; “deputy chairperson” means the deputy chairperson of the Appeals Tribunal; “notice of appeal” means the notice mentioned in regulation 7(2); and “public officer” has the meaning assigned by the Constitution. Application of these Regulations These Regulations apply to any decision made by the Board on or after the date of commencement of these Regulations. Regulation 4 Continuation of Public Transport Appeals Tribunal (1) For the purposes of Part 4 of the Traffic Act (2023 Revision), there continues to be established a Public Transport Appeals Tribunal and the Appeals Tribunal shall consist of the following members — (a) a chairperson; (b) a deputy chairperson; and four other members, each of whom shall be appointed by the Cabinet for a period of not less than two years on such terms and conditions as the Cabinet may determine. (2) The Cabinet may appoint a secretary to the Appeals Tribunal who shall record and keep all minutes of the meetings, proceedings and decisions of the Appeals (3) The secretary shall not have a right to vote. Remuneration of members of Appeals Tribunal Those members of the Appeals Tribunal who are not public officers shall receive such remuneration in respect of each meeting attended, and the chairperson and deputy chairperson shall receive such additional remuneration, as may be determined by the Cabinet. Meetings of Appeals Tribunal (1) The Appeals Tribunal shall meet — (a) at such times as may be necessary or expedient for the purpose of hearing, considering, discussing and determining an appeal under regulation 7; and (b) on such other occasions as, in the opinion of the chairperson, are necessary or desirable in the public interest. (2) Any member of the Appeals Tribunal who, without obtaining the prior written permission of the chairperson, is absent for more than three out of five consecutive meetings of the Appeals Tribunal shall cease to be a member of the Appeals Tribunal. (3) The deputy chairperson, in the temporary absence or inability to act of the chairperson, shall act as chairperson and exercise all the powers and functions of the chairperson. (4) The Appeals Tribunal shall reach its decisions by a majority of the votes of members present and voting at any meeting. (5) The chairperson or presiding member shall not have an original but only a casting vote. (6) Four members of the Appeals Tribunal, including the chairperson, present at any meeting shall form a quorum. Regulation 7 (7) If a member of the Appeals Tribunal has any personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Appeals Tribunal, the member shall, if present at the meeting of the Appeals Tribunal at which the matter is to be determined, as soon as practicable after the commencement of the meeting, disclose the fact, and shall not take part in the consideration or discussion of the matter or vote on any question with respect to that matter. (8) Subject to paragraphs (1) to (7) and to regulation 10, the Appeals Tribunal shall have power to regulate its own procedure. Appeal from decision of the Board (1) A person aggrieved by or dissatisfied with a decision of the Board may, within — (a) twenty-eight days of the communication of the decision to that person; or (b) such longer period as the chairperson of the Appeals Tribunal may, for good reason, allow, serve notice on the Appeals Tribunal of that person’s intention to appeal the decision by way of rehearing to the Appeals Tribunal; and matters referred to the Appeals Tribunal under this regulation may not be remitted to the Board. (2) Appeals under this regulation shall be made by notice of appeal in writing addressed to the secretary of the Appeals Tribunal and the notice of appeal — (a) shall set forth — (i) the decision against which the appeal is made; (ii) the Board’s reasons for its decision; (iii) the grounds of the appeal; and (iv) whether or not the appellant wishes to be heard personally or by a representative; and (b) shall be accompanied by a non-refundable processing fee of two hundred and fifty dollars. (3) Where a notice of appeal is made, the decision of the Board to which the notice of appeal relates shall be suspended and shall not take effect pending the final determination by the Appeals Tribunal or withdrawal of the appeal. (4) Where the Board or the Appeals Tribunal sends notice of its decision to the appellant by post, the notice shall be deemed to have been communicated to the appellant at the time at which it should have been received by the appellant in the ordinary course of post. Conduct of appeal (1) On receipt of a notice of appeal the Appeals Tribunal shall — Regulation 9 (a) notify the Board of the decision against which the appeal is made and the grounds of the appeal and give the Board twenty-eight days (or such longer period as the chairperson of the Appeals Tribunal may, for good reason, allow) to provide a written defence to the appeal; and (b) if the appellant has applied to be heard personally or by a representative, notify the appellant and the Board of the time and the date for such hearing, being a date no less than twenty-eight days nor more than ninety days following receipt of the notice of appeal. (2) The hearing of an appeal shall proceed as follows — (a) if the appellant or the appellant’s representative is present, the appellant or the representative shall be given an opportunity to address the Appeals (b) the Board or its representative shall then be heard in answer, if called on by the Appeals Tribunal; and the Appeals Tribunal may then, in its absolute discretion, call on either party to further address the Appeals Tribunal. (3) Representatives appearing on behalf of either party need not be persons having qualifications in law. (4) The decision of the Appeals Tribunal shall be notified to the appellant not more than twenty-one days after the decision has been made. Decisions of Appeals Tribunal (1) On an appeal, the Appeals Tribunal may make such order as it thinks fit but an amount awarded to an appellant in respect of loss of income shall not exceed twenty thousand dollars. (2) The Appeals Tribunal shall make its own assessment of the amount of legal fees and disbursements which it considers that an appellant is likely to have incurred and award that amount, but the total amount of costs awarded to an appellant shall not exceed two thousand dollars. (3) An appeal may be made to the Grand Court from a decision of the Appeals Tribunal on a point of law only. Rules relating to appeals

The Chief Justice may make rules relating to the procedure and forms to be used for the notice of appeal to the Appeals Tribunal, the documents to accompany the notice of appeal, the admission of evidence in any appeal heard by the Appeals Tribunal, and the procedure and forms to be used in an appeal from a decision of the Appeals Regulation 11 Repeal of Traffic (Public Transport Appeals Tribunal) Regulations, 2012

The Traffic (Public Transport Appeals Tribunal) Regulations, 2012 are repealed. Made in Cabinet the 21st day of November, 2025. Kim Bullings Clerk of the Cabinet