News | Sunday, 11 January 2009

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Wardens found in the wrong 7,365 times

84% of revoked fines issued by wardens and speed cameras

James Debono
More than four out of every five fines revoked by the Petitions Board were issued by local councils through wardens or speed cameras.
The latest statistics released by the Department for Local Government show that 54% of fines challenged in the tribunal have been revoked.
Last November MaltaToday revealed that 57% of the fines issued by wardens contested before the petitions board, had been revoked.
In a reaction, director for local government Natalino Attard tried to diminish the impact of the statistics, saying that the 9,560 overturned fines were only 0.68% of the total 1.4 million citations issued by local wardens, the police, enforcement officers of the Transport Authority (ADT), the Education Department and enforcement officers of the Malta Environment and Planning Authority (MEPA).
But following further enquiries, it emerged that the petitions board does not even have a competence to deal with enforcement orders issued by MEPA, and that only a very small fraction of cases considered by the tribunal involved fines issued by education officers or the Transport Authority.
In fact, 84% (9,513) of the fines overturned by the petitions board were issued by local councils.
Since 2006, the tribunal has overturned 11,318 fines issued by different law enforcement agencies. Of these, 7,365 involved fines issued by wardens, and another 2,148 involved fines on contraventions recorded by speed cameras or CCTV.
A further 1,716 were issued by the police and 80 issued by the Transport Authority, also overturned. Nine fines issued by Education Officers against school absenteeism were overturned.
So far the tribunal has received a grand total of 33,828 petitions, but it has only taken a decision on 20881 cases.
66.7% of petitions (22,547) dealt with fines issued by wardens while a further 17% (5,723) involved contraventions recorded on speed cameras.
The tribunal has received petitions against 22,547 fines issued by wardens and 5,723 fines based on speed cameras.
Apart from fines issued by local councils the tribunal has also received 5196 petitions against fines issued by the police, 320 fines against fines issued by the Transport Authority and 42 against fines issued by Educational Authorities.
But despite MaltaToday’s repeated requests the Department failed to provide it with the number of cases for each law enforcement agency on which the tribunal has already taken a decision, thus making it impossible to establish the exact percentage of overturned fines for each category.
The Petitions Board can revoke any fines issued by law enforcement agencies, and plaintiffs have the right not to appear in front of local tribunals until the petition is decided upon by the board.
Citizens can appeal to the board on any case which can be heard before Commissioners for Justice. These include breaches of Motor Vehicle regulations such as contraventions relating to traffic like parking, wearing of seat belts, contraventions against the Control of Dogs Regulations, contraventions against the Litter Act, Controlled Parking Schemes, dumping and disposal of waste in streets and public places, and activities relating to permits by Local Councils. Citizens can also appeal against contraventions related to student absenteeism.

jdebono@mediatoday.com.mt

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