Court case by hearses owners: ADT seeks urgency, denies claims
The Public Transport Authority (ADT) this evening filed an application in court calling for a case instituted earlier by the association representing hearses owners to be heard with urgency in view of public health concerns.
The association had requested the First Hall of the Civil Court to prohibit the ADT from issuing new permits for hearses or from processing new applications. In a related development, the association and other sectors of public transport said they would go out on strike in 48 hours' time unless new licences for owners of hearses were withdrawn.
In its court application the association said that this sector had operated for 50 years and had always been protected by the government. In 2006 the government had made the association's members invest in new hearses under the condition, however, that no new licences for other hearses would be issued. This decision had then been confirmed by the Cabinet. But the government had now decided, without consulting the association, to liberalise this sector.
This decision would cause the current owners irremediable damage from loss of work and revenue. The association claimed that the issue of the warrant of prohibitory injunction was necessary to protect its rights.
The court provisionally upheld the request for a warrant of prohibitory injunction and appointed a hearing for July 22.
But the ADT in its submissions this evening said the threat of industrial action by the hearses raised public safety concerns, while also creating inconvenience to the relatives of the deceased.
The authority also denied that the owners of hearses were made to invest in new hearses on condition that no new licences were issued. It also pointed out that those who did invest in new hearses enjoyed a 0% registration tax. New investors faced a 30% registration tax, the ADT said.
It therefore asked the courts to decide on the issue with urgency.
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Ramon Casha
Jul 12th 2008, 06:26
The hearse owners have been ruling the roost for too long and think they are above the law. How is it that when a person dies the hearse owners find out before the family? When my father died we returned home to find a hearse owner waiting for us outside, and I've heard a couple of horror stories about families returning home to find the hearse owner waiting BEFORE they had found out that someone in their family had passed away. Someone needs to put them in their place.
Nigel Lawrence
Jul 12th 2008, 05:54
Just WHY should the government protect a private enterprise?
Welcome to the REAL world- where competition reigns supreme.
Dr.Emmy Bezzina, LL.D.
Jul 12th 2008, 00:42
This attitude that some feel they are the exclusive entities to enjoy particular rights in our country must literally be pronounced dead and buried! No one has the slightest right to assume that no one else can practise whatever one desires. Hence a substantial number of entities are pretending that MALTA is only a Member of the EU to the extent that it suits them.This is not the Case. No entity has a Monopoly in our Country and those who have are to be made to forgo it.What outright disgusting egoism is this:this incidentally leads to getting down to implementation of Cremation in our Country. In this Country the WORD STRIKE cannot truly be taken seriously. Let common sense prevail and if the Hearse Owners truly mean what they say, let them not worry as alternatives will most surely be found.There is no urgency in this Case and those passing over to the spiritual world don`t mind! .
S Fenech
Jul 11th 2008, 22:50
It's high time that monopolies or exclusive rights are removed. Is it a divine right to have a transport permit, being a hearse, bus, mini bus, coach or any thing which will place you in a dominant position. Well done Austin
Clive Aquilina Spagnol
Jul 11th 2008, 21:47
Well done to the Government on this! Thumbs up! The dark days of cartels are finally over. The customer will now reap the dividends after having been ripped off for time immemorial by unscrupulous hearses owners and undertakers. Paying almost a thousand malta lira for a funeral is a buffoonery, yet it was a protected norm as their pseudo trade was a closed shop. Service standards were very poor and their respect for the dead was disgusting. Not to mention the exorbitant goodwill a hearse owner used to charge when selling his hearse....these people had it their way for a long time...it's time for the government to protect us consumers. Thank God the Government is on the right track and deserves applause!
Philip Micallef
Jul 11th 2008, 20:14
Good, the authorities are finally on the move. Good Luck and keep it up. A rolling stone gathers no moss.
Angelo Micallef
Jul 11th 2008, 20:08
We voted for a free market economy....democratically and we should get one!
Wayne Grima
Jul 11th 2008, 19:57
Why do we always have to complicate things!!!!!!!!!!!!!!!!!!!!!!!
John Schembri
Jul 11th 2008, 18:29
No more monopolies.