OfReg ordered to reveal names in gas station tests
(CNS) UPDATED FRIDAY 4:40pm: Efforts by OfReg to protect retail petrol stations that are found selling poor quality fuel have been thwarted by the ombudsman in a major breakthrough for consumers. A freedom of information request had been made for the names of stations selling deficient gas, which were exposed during the regulator’s periodic inspection. When the FOI was refused, the applicant successfully appealed to the Office of the Ombudsman. OfReg has now provided to the applicant the location codes of gas stations which had been used to hide them. The ombudsman found that by covering up the names, OfReg was doing the opposite of its job requirement.
In the FOI request the applicant had been denied the names of the stations corresponding to the inspection results, as OfReg uses a code number for each one when it publishes the results of its fuel inspections. The regulator argued that revealing the actual names and locations of the tested petrol stations would prejudice the businesses’ commercial interests.
According to the law, OfReg is supposed to test the fuel quality in order to ensure that the public buying the petrol isn’t being sold poor quality fuel, but under the current system it is impossible for consumers to know who is and is not falling short.
The regulator had also argued that the release of the names of individual fuel retailers could constitute an unreasonable disclosure of personal information.
“OfReg seems to argue that the identity of the retail businesses should be withheld in order to protect the petrol stations in the event that their fuel was found deficient and customers decided to take their business elsewhere,” Ombudsman Sandy Hermiston wrote in the decision released this week. “This position is inconsistent with OfReg’s role of protecting the interests of consumers.”
This is not the first time that OfReg has been accused by independent oversight offices of failing to protect consumers. The auditor general found in an audit of the beleaguered and costly regulator last year that it had failed to meet its goal to protect consumers.
The ombudsman further pointed out to OfReg that the names of the owners of gas stations were not personal data, as they are already in the public domain.
Arguing against release during the FOI hearing, OfReg had claimed that there is no standard for fuel quality in the Cayman Islands, as the current testing regime is done voluntarily without written agreements between the regulator and the retailers, and disclosing the stations with inferior fuel would make them less cooperative. But the ombudsman noted that its own law gives OfReg broad powers to require production of fuel testing information if the petrol stations were to become recalcitrant.
Hermiston also dismissed claims from OfReg that fuel test results could be misinterpreted, causing a loss of business and reputational issues for the retailers.
“The risk that government information is misinterpreted always exists, but it is not removed by withholding records,” she wrote in her decision. “The best way to counter misinformation about fuel test results is to educate consumers and help them to protect their health, safety and financial interests from an informed position.”
In several arguments made by OfReg, the ombudsman also found that disclosure in the public interest outweighed any commercial interests in this case.
OfReg has been repeatedly criticised by the public for a catalogue of issues, such as the massive amount of public funds poured into the agency without any evidence of improvements in consumer confidence or protection, and allegations that the regulator is far too close to the commercial entities it is supposed to serve.
Most members of the team are former employees of the various utilities they regulate and the Public Accounts Committee consistently exposed worrying issues about the management of the agency, including the board chairman, who has still not been removed after giving false information to the committee.
See the full ruling here and in the CNS Library (location codes now added).
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I think I finally understand what OFREG stands for, it’s just a play on words really.. OFFREG = AWFREG as in Awful Regulators. They literally was telling us from the beginning they were setup to waste public funds.
“seems to argue that the identity of the retail businesses should be withheld in order to protect the petrol stations in the event that their fuel was found deficient and customers decided to take their business elsewhere”
We Duh! That is exactly what should happen to protect the consumer. Seriously, is there anyone with an IQ above 64 in there?
Does anyone know who has been appointed the Inspector of Weights and Measures? Maybe OfReg can regulate under this legislation as well because, in all of my 60 years in Cayman, I have not heard of any person being so appointed in any of our Districts…..
http://laws-in-force.judicial.ky/pdf/Current/W/Weights%20and%20Measures%20Law%20(1998%20Revision).pdf
OfReg now falls under Border Control for some obscure reason, so our new Deputy Premier Mr Saunders has oversight with Mr. Wesley Howell as Chief Officer. We should all be asking them what they propose to do about this mess.
Well Mr. Saunders and Mr. Howell, what, if anything, are you going to do about the useless expensive mess that is OfReg?
all of the objectors to OfReg haven’t really thought this through, we need them and equally so the ACC. It’s a purposeful balance of deflection as each cycle through their opposing waves and troughs of incompetence
Most people don’t get your humour here.
Ofreg serves no use. Shut them down and none of us will be the worse because of it.
OFREG = USELESS!!!!! WASTE
Anonymous 3:01 pm, Your post has been declared “Comment of the Month” by the Caring Caymanians Association. CONGRATULATIONS!!!
Cayman, I’ve been here about 20 years and have no recollection at all about any gas stations replacing their tanks. They don’t last forever, I think only last maybe 10-15 years?
Imagine all the sludge in there and that’s what’s going in your car, even one of the “new” stations has crap gas so that didn’t help either…
23/05@1:06pm – perhaps you’re not observant or don’t recognize tank replacement when you see it. A station in WB had it’s tank replaced a few years ago – this is the second tank replacement I’ve witnessed at that station in the 30+ years I’ve lived nearby.
Meanwhile, I’ve seen tank-replacement works at other stations as I’ve driven around. The station which I use on SMB has been closed for tank replacement since I’ve been a customer – within the past 10 years.
Further, I believe post-Ivan repairs included tank replacements at some stations.
Not sure how often they clean them though!
you haven’t been paying attention
Most station tanks were replaced after Ivan & again since , in new installations & station upgrading. Just because you weren’t standing there with your clipboard doesn’t mean they weren’t replaced.
Great! Glad to know!
It doesn’t mean they WERE replaced either, Sherlock.
I think both “Gold Stations” here on the Brac NEVER changed their tanks in decades! One for sure is probably over 50 years old.
The Brac had automobiles then?
Now?
How do individual gas stations have different quality of fuel? We have 2 wholesale providers supplying all but 1 station. Should all the SOL stations not be the same? And likewise all the Rubis stations?
Or are they saying that individual stations are to blame for the differing standards?
Tar like material called sludge is present in all fuels. The worse the grade of fuel the more sludge and the more heavy metals it contains. Sludge is deposited along with fuel each time fuel station tanks are filled and eventually most of it settles to be bottom of the tank. It accumulates over time. Eventually a significant part of what gets pumped into the tank of your car/truck is sludge. Sludge damages your fuel injectors and engine. That is good for the gas companies who then sell you fuel additives as you try to reverse the damage done and it is also good for the parts suppliers. Sometimes the people who sell parts to fix the damage done also have an interest in seeing that you continue to buy crap fuel.
Different gas stations add their own additives to make different octane grades. That’s one issue. Leaking and corroded tanks are another. Water in your gas and gas in your groundwater and soil.
Think of the tanks that are buried in the sand next to the sea. Those tanks are only good for a few years but yet never get changed. Don’t go to an old gas station and certainly don’t go to one next to the sea.
Ofreg never comes to the Brac to test Gas, i presume that would be too much work for them
The PACT Cabinet decides policy and determines the regulations that are in effect for these islands. They set the rules. This fiasco will be an interesting test of whether their promise of change and transparency was just words spoken to get power or something more.
Have this PACT taken the legislation to bring into force a Code of Conduct for legislators as yet?
They gave it to Kee Kee to write.
No! The code of conduct for legislators was tabled during Macs first term of leadership and has never been found.
Absolutely! Will PACT act?
1.05pm they are very good at acting.
If in fact there are conflicts of interest adversely affecting OfRegs performance of its statutory obligations then should someone be reporting this to the Anti-Corruption Commission? Perhaps if people started going to jail then the sh!t would stop.
😂
I don’t know… We have had the Anti-Corruption Comission for years, and I have never seen any activity there!! Hey, new government …. are you listening?
We can only hope there are some honest folk in the new government.
Hope on.
It ain’t gonna happen.
When did it EVER happen?
A few thousand more “honest” voters would be nice too.
There’s a direct report from the Auditor General stating that everyone on the planning board is extremely conflicted and should be removed immediately. The government has done nothing about this for years…and you think they would give two hoots about OfReg?
Attention 4:53 pm, They might not give two hoots about OfReg, but it would be nice to find that PACT DOES know right from wrong.
Shut OfReg down!!!
Why shut down OfReg?
You should be calling for the firing of all of the conflicted buggers in there starting from the Board!
Nothing wrong with OfReg – it’s just the people that work there.
Does the Cayman Islands have an refinery? Why are we paying for an Petroleum Inspector? What is he inspecting?
…our petroleum, geez.
You can say that about every Statutory entity in Cayman.
And the repeated failed political candidate who thinks he’s so smart because…..he’s a Caymanian.
OfReg is a waste of taxpayers money. Posts created for those who need a paid vacation, warming seats and producing nothing. In charge of a department and doesn’t know what the supplier is paying for the fuel that’s brought in, yet the common person must present an invoice to customs for any item bought overseas, in order to pay duty. Which dumb ass is in charge?
Go electric. Forget gas.
How do you think this electricity is generated genius?
The net “mpg” in electric cars is still more fuel efficient so the point stands
From the solar panels on my roof.
Errrrr…………. Windmills?
Many options available, solar being the cheapest per kWh, “genius”.
Where do you think the electricity comes from to charge your electric cars!? I assure you it isn’t renewable…
WHAT??? The sun ain’t renewable????
WRONG!
read about lithium mining and how it’s devastating villages by poisoning water supply
Lithium is unnecessary. Lead acid batteries are fully recyclable.
straw man argument 3:48, EV vehicles aren’t necessary either, – I do support 110% a better way to look after the environment
you’re not as squeaky clean as you might think
https://www.google.com/amp/s/amp.interestingengineering.com/clean-evs-and-dirty-lithium-mining-business
If PACT disbands, eliminates,terminates,….this entity, they will have my vote forever.
Pact will disband. Without a doubt.
You’re funny.
This….and the current CPA Board! At least leadership!
This and CPA!
It’s no wonder why some manufacturers won’t sell some of their vehicles here.
This article reveals that, just like at CIMA (which is even worse), OfReg makes a big pretense of protecting the public and doing proper due diligence, but the truth is that the results suggest the opposite, and the public is shafted. DISGRACEFUL.
Protecting the Lodge more like it.
My Canadian wife noticed that they’ve added what the codes mean. Main offender seems to be F47- SOL JPT Teminal (sp?) for Manganese content. In one case it shows as failing for being 4x the limit set.
I can’t tell what that means, hopefully not the main provider for all Sol stations? The most recent reports are surprisingly still redacted. One would expect that the airport fuel is different….or else the airlines would presumably have reporting requirements/their own testing?
That’s because when their fuel dispensing apparatus fails they add the additive by the bucket load to fuel trucks.
But this is typical of a Caymanian run operation. Cost a lot, does little to nothing in return and actually hurts consumers. Get used to it. It will only get worse from this point until the UK has to step in.
A second review should be done into fuel stations calibrating their pumps in US gallons! It happens!
A few years ago I gave a Fuel Inspector at OfReg related info from a personal experience.
Now I see why perhaps OfReg never even felt that worth investigating…”let’s protect the stations”.
Can’t make this shit up!!
3.55am I often wondered how when I fill up my tanks it takes more than the capacity listed in the manual.
shut it down now. nothing but lodge influenced portectionist scam.
why does nothing make sense around here?
Lodge, and more Lodge, individuals have to be more accountable, they’re not of good character for a decent Lodge, except in Cayman’s Harding’s Lodge
Ok, let me get this straight, OfReg argued that there is no fuel standard. BUT, they carried out inspections/tests. Hmmm, how could they have carried out these inspections/test if they had no criteria (aka standard) to assess the quality?
You just can’t make this #%^t up!
I didn’t understand that either. Their own reports show standards and whether the sample passed orfailed.
I think what they’re saying is that there’s a numerical scale with which they can rate the fuel quality. However there is no local standard for a specific number on that scale which indicates fuel quality is no longer acceptable.
So if they rate the fuel between 1 and 4, there is nothing in place to say that a 2 is the minimum acceptable fuel quality. They can still rate, but there’s no framework to guide the public on what rating is good enough.
Why they haven’t done this is of course the question.
OfReg ARE just a waste of tax payers money. Period, get rid of them pronto, PACT we waiting. Remember we vote
I’m done with engine cars and gas. I getting a battery car. I cant wait for Government to fix this mess.
The Legal Counsel at OfReg should also be asked to answer to his advice, that place has not had a single argument hold water since he arrived. CUC took them to the cleaners for hundreds of thousands in the judicial review case, and just about every decision since has been successfully challenged, what kind of legal advice are these guys getting?
PACT, its time to ACT!
First order of business!
Lets see how and what they do!
Ahahahahaha! What a joke!
Could it be that these guys own an automotive garage and parts store?
It’s about gaddam time. Well done, Ombudsman.
‘Soft-reg’ is a joke, and an expensive one at that.
The Ombudsman really had the whole case handed to her by the Caymanian Patriot who championed this effort. Ombudsman just had to cut and paste I heard.
That does not matter. The question now to be asked: what are the authorities going to do about this blatant conflict of interest? It is very clear that OFREG is protecting the merchants, when in fact, their remit is exactly the opposite!! Their job is to protect the CONSUMER from these rogue entities.
Well……….. What are you going to do ?
OfReg simply needs to be shut down and replace with an entity that is run by competent and capable people that understand what they are doing and understand their mandate to look out for the interest of the public. This dysfunctional entity must not be allowed to exist for one more month. The PACT government needs to take swift action to bring this farce to an end.
And others like the Central Planning Authority with its many conflicts of interest.
There was a fuel inspection report published several years ago by, what was then, the Fuel Inspectorate. The appendix included remarkable photographs of the fuel samples they collected at pumps, and they were a wide range of colours, and opacities. Some of the pre-Ivan ground storage tanks were compromised with sea water and/or rusted out, but defending consumer rights was the last thing on their minds. CNS should publish those photos with the location data when it’s available. Cayman needs consumer protection laws and a full-time agency tasked with sorting out decades of insulated corruption, and price collusion. The supermarkets, liquor stores and telecoms all being particularly suspect.
CNS: The location data is now in the CNS Library and on the OfReg website.
It was the actions of OfReg that helped collapse the PPM government…Mr. Panton…Mr.Saunders….you need to act now.
I have heard it all now!. Instead of protecting the consumers we are paying failed rig. To lobby for the agent they should be reporting on. @&$$@&);:;&&(
The idea of consumer protection is to find and report unfair practices. If their work is logically presented, maybe such information will also help the retailer to know that what they were sold was substandard. But’ if they knowingly is selling any fuel with octane lower than advertised, then fraud raises its ugly head. The standard for gasoline is unerversual.. octane rating! But I’m fool fool, what I know bout these things.
About time. Watch them stop testing now.
The point of testing fuel is to make sure the public gets the quality it is paying for. If there is no standard, then what exactly has the Fuel Inspectorate been doing? Set the standard, give a reasonable amount of time for retailers to meet it and if they don’t fix it they deserve to loose the business.
I struggle to see how this is hard to understand. If a business does not meet the minimum standard to operate, people deserve to know that before they refuel their vehicles there, as the gas station wont pay to fix cars damaged by their bad fuel.
“OfReg seems to argue that the identity of the retail businesses should be withheld in order to protect the petrol stations in the event that their fuel was found deficient and customers decided to take their business elsewhere,” So what you’re saying the government agency that is supposed to be protecting the consumers from the utilities companies. Is fighting harder than ever to protect the fuel companies. Everybody in OfReg should be fired immediately. What’s the point of spending so much money on this government entity when their main concern apparently is to protect the financial interests of people who have been ripping us off for years. Make this make sense.
The gas station owners are related to the third cousin, twice removed, of the old lady next door who used to be married to someone who could get you thrown off the island and is now friends with someone at OfReg. And THAT’S why we get shitty fuel.
That certainly seems to be how a certain restaurant on Eastern Avenue keeps avoiding pension obligations.
And this is exactly why expats are needed on this Island. Nepotism rules everything here with a complete lack of integrity and impartiality. Imagine if the Auditor General and Ombudsman were Caymanian. Above there is a comment about price fixing and Supermarkets. There should be an INDEPENDENT consumer protection agency look into that sector also.
Truth be told it’s the expats that are running the fuel industry here now and screwing it up!!!!!
When it was ran by caymanians no fires and no leaks.
Its not the gas station owners ripping people off, need to look higher to the fuel importers.
It is if they’re doctoring the fuel, like adding used motor oil to bulk it out a little.
It’s not the cost of the fuel, it’s the fact that it is crap quality causing your vehicle to run like a bag of spanners and the cost to fix it.
11:56 am, you are wrong its both the fuel importers and the gas stations that’s ripping us off. On the Brac its mostly the Gas stations. Its duty free, but the Gas stations dont pass it on. Its only a bigger profit for the gas stations. Ofreg only cares about their big salaries, Shut them down NOW.
These guys are actual muppets.
Can we get rid of the whole lot of Ofreg, Fuc*ing useless
“OfReg seems to argue that the identity of the retail businesses should be withheld in order to protect the petrol stations in the event that their fuel was found deficient and customers decided to take their business elsewhere,”
Well yeah, that’s the whole f^*#€<g point !!!!!
I have never cursed so much on these forums as I have in the past few weeks, but I have also never been so infuriated with the incompetence
Well done to the ombudsman
I struggle to believe that OFREG actually wasted time and money fighting this – one of the more absurd things I have heard from them and that is among a long list of absurdity.
Their job is to protect consumers, so what do they do ? protect businesses they regulate and not consumers – It’s gotta beg the question who is in who’s pocket
So much for regulatory independence, sack the lot of them starting with the Chairman who is a disgrace, attempts to stage a coup and make himself CEO has a bust up in the board room, lies to the PAC and to the auditor general and remains in his position gathering a very good stipend
As for the fuels regulator, come on old boys club, clear them out and start again
Well done FOI Requestor! Give that person a medal!
That sounds good to me!
I bought a 2020 RAV4 last year and I noticed that whenever I filled up my tank at a certain gas station, my car was performing sluggishly. I took it in for its regular service inspection and while the folks at Vampt could not find any issue, it was inconceivable to me that a brand new car with less than 5,000KM was hardly picking up speed and was literally struggling to get up to 40 KMH. I therefore stopped buying petrol at that station and started going elsewhere and lo and behold the car is behaving much better. Publish the names so that we the consumers who are paying almost 5.00/gallon for high end petrol at least know where to purchase good quality petrol.
What station was this? I need to know so I can avoid it!!!!!!!
All the gas stations that provide Rubish gas;)
YUP, same issue for me, not with a new car, but whenever I started it. Then changed gas stations and never had that problem again until I tried it again one more time just to be sure and once again trouble starting it. Coincidence? I think not.
I would advise you to change your vehicle service provider as well.
Consumers deserve the right to know. Do these idiots at OFREG not understand their primary role is protect the consumer?
In answer to your question, 2:39 pm: No, the idiots at OfReg do NOT understand what their role is. They think it was formed for them to get more money…………. and apparently, that’s about all they do! Let’s appeal to our new leaders to get rid of them. They are worthless.
They are less than worthless. Now is the time for our newly elected leaders to start tossing out the garbage!
We’re waiting, fellows!
Hey, “new leaders”, did you read the 4:11 pm comment?
Quote: ” Do these idiots at OFREG not understand their primary role is protect the consumer?” Apparently not!
ATTENTION, NEW GOVERNMENT! What are you going to do about this???
Makes one wonder if there are any relationships, declared or undeclared, between any OfReg officials and a certain gas station or stations. Is anyone investigating that question? It may be all fine but is could appear to some that OfReg protested too much.
@ 2:38 pm: Relationships???? Are you kidding?
Surely not. If there were relationships would that not infer the possibility of malfeasance in public office (a crime), if not outright corruption.
But we have robust law enforcers who equally and impartially and consistently and effectively enforce the law. (I mean, apart from rules relating to the quality of fuel, and conditions on licenses and stuff like that).
2.28pm How many politicians/civil servants have been successfully prosecuted for corruption in the last 50 years?. Is the answer explained by claiming that not a single one of them is corrupt?.
OMG just when you thought OFREG could not get any worse. I hope PACT dissolves this bunch of incompetent sellouts!
I’m excited to see if my suspicions are true. I’ve been telling people for years about a certain place so we’ll see if I’m right🤣
which ones are selling bad fuel?
@ 21/05/2021 at 2:36 pm – do tell. Please. Tired of paying my hard earned for sh#tty gas.
Wow. OffReg is a mess. I want to know which gas stations have the good gas.
Truthfully, OffReg might need to be dismantled and compartmentalized better.
OffReg, for whatever reason, has performed poorly and is not of any benefit to the Cayman Islands.
Who knows something and say nothing is no BETTER than OfReg!