A traffic fine may from now on be waived or reduced if there is sufficient evidence that it was issued unjustly.
For fines served from January 1 onwards, a recently set-up Petitions Board can order the local tribunal to waive proceedings against an offender or order the abating of a penalty if a mistake had been made in the identity of the driver or in the identification of the vehicle.
Other circumstances where an offender's petition may be upheld is when humanitarian reasons partly justify an offence and when a driver has been condemned by a tribunal without first being heard.
Petitions may be made for fines issued by green wardens in the case of offences that fall under the local litter regulations.
"Through one of three boards we are setting up to handle the petitions, offenders can make their case in writing not later than 10 days after the date of the offence, within 10 days since a petitioner gets to know that there are proceedings against him or within 10 days from when the case is decided by a Justice Commissioner," Justice and Home Affairs Minister Tonio Borg said yesterday.
Flanked by Parliamentary Secretary Carmelo Mifsud Bonnici, Dr Borg said Benedict Delia, Ramon Rossignaud and Joseph Refalo - three lawyers with experience as Justice Commissioners and in the Small Claims Tribunal - were being appointed to serve on a Petitions Board each.
The boards are independent of local councils and should serve to infuse greater credibility and add fairness to the system, Dr Borg said, adding that the lawyers will serve in office for a two-year term. Like magistrates, they may not be removed by the government before the end of their term and this to guarantee their independence and autonomy.
"Article 93 of the Constitution gives the right to anyone who has committed a crime to ask for pardon from the President. Since traffic fines are not considered to be crimes, they are not subject to the constitutional right to ask for pardon, which is why we are creating this system," Dr Borg said.
All petitions, which can be filed free of charge, are to be submitted only if a traffic fine has not been paid.
Dr Borg said the boards would not uphold cases unless they are really justified. "This is not a new way out for guilty offenders. They will have to pay their fines. But we know through experience that anomalies do arise and mistakes are made," he added.
Asked if petitioners may be summoned by the board, Dr Borg said this was at the discretion of the boards but it would not be the rule for boards to do so.
"It is in the petitioners' interest to explain all the details of the case and to supply all the evidence in writing. We don't want these boards to become another court," Dr Borg said.
Once a Petitions Board waives or reduces a fine, it notifies the Joint Committee dealing with the specific fine. The latter would be then obliged to offer redress by reducing or waiving the fine within five days from the time it is notified by the board.