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James Debono
Persons suffering from road hazards should take their case against the Malta Transport Authority to the Small Claims Tribunal, according to a spokesperson for the Ministry for Roads and Urban Development, after disagreeing with a proposal by the Ombudsman to set up a mechanism to make compensation easier in the case of accidents caused by road hazards.
In a report presented to the parliament on 9 June 2005, Ombudsman Joe Sammut proposed the launching of a “new mechanism that will deal fairly and in a responsible manner” with claims for damages by aggrieved parties involved in relatively minor traffic accidents caused by unattended road perils.
But the Ministry for Roads told MaltaToday that there are already legal bodies in Malta “that can adequately handle claims for redress of such nature.”
Ministry spokesperson Darrell Pace mentioned the Small Claims Tribunal as one such instrument that can handle similar claims “efficiently, expediently and fairly.”
Pace said the ministry does not believe in the need for the setting up of another mechanism to handle such claims for redress from the public.
Ombudsman Joe Sammut confirmed that following the presentation on the report, no meetings took place between the Ombudsman and the Transport Authority (ADT) and the ministry.
A meeting scheduled for 6 May 2005, before the publication of the report, had been aborted as the ADT stated that its representative was unable to attend as the authority was reviewing the matter internally.
In his report the Ombudsman argued that the ADT’s policy of refusing claims outright is “not in conformity with standards of good administrative practice especially at a time when fuller recognition is being given in the EU as well as in our country to the rights of citizens.”
In the same report the Ombudsman declared that it has been receiving complaints from owners of vehicles claiming compensation for damages sustained by their cars that are attributed to various road hazards and other perils that are left unattended on our roads.
While noting that local councils generally assume responsibility for such accidents, the ADT refuses claims outright as a matter of policy. The Ombudsman declared that the ADT’s position that compensation can only be decided by the court of law is untenable.
“Like other EU citizens Maltese citizens are entitled to a fair treatment and responsive service by public authorities and institutions that resort to their position of strength in relation to citizens in order to shirk their responsibilities.”
The Ombudsman added that in doing so these authorities “are failing in their mission to the country and its citizens at large.”
jdebono@newsworksltd.com |
