Complaint procedure

COMPLAINT PROCEDURE FOR TRUCK INCIDENT MANAGEMENT 2023

Article 1 Complaints

1. Complaints can be made to the Supervisory Committee - established by the board of the Incident Management Truck Foundation - by persons, companies or institutions that are directly or indirectly involved in incident management of trucks as referred to in the Rijkswaterstaat Incident Management Policy Rules (Stcrt. 1999). , 89, p.6 and as subsequently amended or supplemented). Complaints against civil servants (employed by administrative bodies) involved in IM will not be processed by the Supervisory Committee. Such complaints are handled via the complaints procedure of the relevant administrative body (in accordance with Chapter 9 of the General Administrative Law Act). Complaints against salvage companies and CMV regarding compliance with contractual obligations will not be processed by the Supervisory Committee. Such complaints will be submitted to the contract manager of the relevant contract for handling.
2. A complaint must concern behavior towards the complainant - in the handling of an incident that took place no more than one year before the date of the complaint - by persons employed by or from companies or institutions directly or indirectly involved in incident management of trucks. Complaints regarding the invoice must be submitted no later than three months after receipt of the invoice.
3. A complaint must be submitted by letter or email, in Dutch, to the Supervisory Committee (P.O. Box 2232, 3500 GE, Utrecht or im- klachten@rws.nl) and contain the name and address of the complainant as well as an description of the circumstances of the incident in question and of the complaint.

Article 2 Inadmissibility of the complainant

1. A complainant is inadmissible if:

a. the requirements stated in Article 1 have not been met;

b. the complaint has already been processed elsewhere;

c. the complaint is (partly) the subject of a judicial procedure.

Article 3 Deadlines

1. The Supervisory Committee will send an acknowledgment of receipt to the complainant no later than two calendar weeks after receipt of a complaint, with or without a request for further information.
2. If the Supervisory Committee decides that the complainant is inadmissible, it will inform the complainant of this with reasons, no later than two weeks after the date of complaint handling.
3. Barring special circumstances, the Supervisory Committee will notify the person about whose conduct the complaint has been complained and the complainant of its assessment of the validity of a complaint no later than two weeks after the date of handling of the complaint.
4. The Commission handles the complaints received three times a year at the Commission meeting, provided that complete information about the complaints has been provided. If insufficient information about the complaints is available, they will be dealt with at a subsequent Commission meeting.

Article 4. Research

1. The Supervisory Committee may ask the person about whose conduct the complaint has been complained to respond and obtain information from the complainant and third parties.
2. The Supervisory Committee may hear the complainant, the person about whose conduct the complaint has been complained, as well as others who wish to explain the content of the complaint.

They can each be assisted by one person.

A business report is made of what was transacted at the hearing.

Article 5. Assessment

1. The Supervisory Committee tests the behavior complained of against the requirements set in the context of incident management for trucks.
2. If the complaint is unfounded or well-founded, the Supervisory Committee will inform the person about whose behavior the complaint has been complained about in writing, stating the reasons; the complainant will receive a copy of this.
3. If the Supervisory Committee considers the complaint to be well-founded, the Supervisory Committee may recommend that the person whose conduct has been complained about should adjust his or her actions and/or issue a warning to him or, in other words, recommend the client of the person whose conduct has been complained about to him. to take appropriate measures.

Article 6. Reporting

1. The Supervisory Committee will submit an overview to the Incident Management Truck Foundation no later than March 1 of the following year.

This overview includes the nature of the complaints received and handled in the previous year, the phase of treatment at the end of the previous year and the decisions taken on the complaints.

Article 7. Appeal

1. The complainant and the person about whose behavior the complaint has been lodged can appeal to the Appeals Committee established by the board of the Incident Management Trucks Foundation against the decision of whether a complaint is well-founded or unfounded. The appeal with grounds for appeal must be submitted in writing within six weeks after notification of the decision in question.
2. The Appeals Committee assesses whether the Supervisory Committee, given the grounds for appeal and the file of the Supervisory Committee, could reasonably have reached the decision appealed from.The Appeals Committee then confirms the decision against which an appeal has been lodged or provides the case itself and informs the person who lodged the appeal or the Supervisory Committee.
3. The provisions of Articles 3, 5.3 and 6 apply mutatis mutandis.

Article 8. Confidentiality

1. The members of the Supervisory Committee and the Appeals Committee are obliged to maintain confidentiality of what they learn in the performance of their duties, unless and insofar as they have been expressly released from this obligation by those concerned.

Article 9. Final provision

1. These regulations come into effect on the first day after the day they are published on the website of the Incident Management Trucks Foundation.

Adopted October 17, 2023

Chairman of the Board of the Incident Management Truck Foundation,

 

Mr. E. Slump