McGinness v Road Transport Authority (Administrative Review)

In the matter of McGinness v Road Transport Authority (Administrative Review), the respondent, the Road Transport Authority, sought to enforce a policy requiring drivers over 70 to undergo a driver assessment annually. The applicant contested this requirement, arguing it was arbitrary and not based on individual competence or risk assessment. The case was heard and determined by the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the policy of mandatory annual assessments for drivers over 70 was lawful and properly justified. The respondent argued that the policy was guided by administrative considerations and aimed at ensuring driver safety. However, the Tribunal found that the policy lacked individualised assessment and did not account for the actual competence or risk posed by drivers over 70. Additionally, the respondent did not provide sufficient evidence to justify the blanket requirement for annual assessments for drivers over 70, especially given the low volume of such decisions.

The Tribunal concluded that the policy was arbitrary and not well-founded in evidence or reasoning. The requirement for annual assessments was not supported by any demonstrated correlation between age and driver competence or risk. The Tribunal found that the respondent failed to provide a cogent reason for the policy and set aside the decision to require the applicant to provide a passed driver assessment. The Tribunal's decision emphasised the need for policies to be evidence-based and individualised rather than applying arbitrary age-based mandates.

The Tribunal ordered that the decision of the respondent to require the applicant to provide a passed driver assessment under regulation 78(2)(a) of the Road Transport (Driver Licensing) Regulation 2000 be set aside.