'Undercover' wardens on the way

A series of measures are in the pipeline in an attempt to provide local wardens with stronger tools to curb contraventions and surmount the mountain of legal loopholes.

The suggestions include the introduction of red light cameras next to traffic lights, the revision of the citation system and the introduction of plainclothes wardens to enforce the law.

The president of the Association of Local Councils, Ian Micallef and the head of the local wardens operators, Kenneth De Martino said it was high time for legislation to be revised to favour the wardens' justified bookings. In the meantime, thousands of offenders were walking away free.

Contrary to how the police operate, wardens can only practise their job when they are on a predetermined route at a predetermined time, Dr Micallef explained.

The period in which offences become time-barred is going to be prolonged. Also, the Code of Organisation and Civil Procedure has been amended (but not yet enforced) to ensure the summons reaches the accused, to the extent that if nobody is at home, the warden has a right to affix the notification to the door.

Another suggestion being made by the association and the operators to the law enforcement system management committee, which falls under the Home Affairs Ministry, is the introduction of red light cameras.

This initiative was prompted following the recent introduction of 24 sophisticated remote monitoring cameras which have been put up by a number of local councils in strategic areas. These are being monitored by the licensed wardens and any contraventions are recorded as evidence in court.

Dr Micallef spoke of the series of legal and administrative hurdles facing wardens to cut down abuse, of which wardens often bear the brunt.

Wardens dished out a mere 29 fines for littering in public places last year. But are wardens to blame for this measly figure? Dr Micallef said legal loopholes and operational problems often led to long-winded processes which ultimately favoured the offender.

The examples are many.

After ticketing a vehicle on the spot for excessive fumes, wardens have to convince a tribunal that the vehicle was over the stipulated limit, Mr De Martino said. The tribunal will ask whether the pollution was measured, knowing well enough that wardens did not have the necessary equipment for this. As a result most of the offenders walk away without paying a cent.

In another case, a resident was caught red-handed taking his rubbish outdoors on a Sunday. When he appeared in front of the tribunal, the accused claimed he was carrying the garbage bag into his car. He was acquitted.

Authorised officer David Soler admitted wardens initially used to dish out tickets for contraventions like excessive pollution but after losing the majority of cases they have understandably given up.

It took the wardens two months and Lm80 in experts' fees to instigate action against a refuse truck that used to collect rubbish from St Julian's and leave a trail of refuse in the streets in the process. After six months he was fined Lm10!

The majority of successful cases take place where wardens work in pairs, because one may act as a witness for the other.

"But wardens operating in pairs cost money. So everything has to be taken into perspective," Mr De Martino said.

Salaries apart, each warden wears equipment worth Lm2,500. Tribunal costs are often expensive and transport costs are always on the increase.

Proposals have been made to improve the image of local wardens including a change of the much abhorred brown uniform.

Mr De Martino is relieved that the physical attacks on wardens have subsided.

People nowadays have accepted the concept of wardens, who have learnt to avoid certain hot spots to keep out of trouble. Mr De Martino put the blame for the indiscipline on the very low fines which he said were not acting as a deterrent. Fines should be increased across the board and in the case of the environment these should be increased "five-fold".

For speaking on a mobile phone while driving a car an offender is fined a mere Lm5, while the cost of parking illegally is Lm10, a stark difference to the UK where drivers have to cough up £30 and over £100 respectively!

The way some people perceive the fine is evident from a recent habit adopted by some youngsters in Paceville.

"We know of five youngsters who drive into Paceville in one car and park illegally every single week, knowing fully well they will get a ticket. They then all chip in Lm2 each to the driver," Mr De Martino said.