Thursday, 28th August 2008 - 13:22CET
Residents' parking schemes are legal - Ministry
The Transport Ministry stressed in a long statement today that residents' parking schemes were legal as long as they were approved by the Transport Authority (ADT).
The ministry said with reference to media reports, that although an impression may have been given that only the residents' parking schemes at Victoria and Fontana were covered by law, the ADT had also approved residents' parking schemes at Mellieha, Pieta', Hamrun, San Gwann, St Paul's Bay, Floriana, Mosta, Sliema, Iklin, Swieqi, Msida, St Julians, Naxxar, Sta Venera, Balzan, Vittoriosa and Ta' Xbiex.
Therefore, anybody failing to observe the parking signage in those localities would be contravening the law.
The ministry quoted from various sections of the law to explain that it is the role of local councils to propose parking schemes, but these assume the force of law only when they are approved by the ADT.
It confirmed that there had been some local councils which introduced parking schemes without ADT approval, and said the Authority had acted for such parking schemes to be removed.
The ministry observed that some local tribunals had decided against local councils on the basis of a court judgement which found that the schemes were "discriminatory and therefore illegal". The ministry pointed out, however, that the court had not been asked to decide whether the schemes were discriminatory, but whether a local council had the legal authority, on its own to introduce such schemes.
The comments which the court decided to add to its judgement did not prejudice the legal state of the schemes or the legal power of the ADT to authorise them.
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Comments
The same government now sanctioning Residents Parking through local councils adds further aggravation to this failure.
Were there to be an efficient transport system, then there would be much less cars on the roads. That is not to say that people would not buy cars but I am sure that there would be a decline in numbers particularly given the high cost of running them, not least the fuel expenses.
If the Ministry feels that Residents Parking should be allowed then it should ensure that all local councils organise and manage this. After all we pay road taxes to use our cars all over Malta and not just in selected areas.
As such the system is unjust and should be abolished altogether. After all were road licences reviewed down to cater for the lack of parking availability in these areas where the Residents Parking schemes are in force?
We know the answer !
If we all have them, then it will become so difficult to park that it will hardly be worth using one's car. If that is the intention of those lobbying for residents' parking, then fine -- let's all take the bus, and leave our cars parked nicely at our doorsteps...
Should you wish to take the matter jointly to the law courts please let me know. I am ready to chip in the money to do so.
@Luciano Busuttil
I have been working around europe for the last 5 years. Could I know exactly where in Europe there are so many roads reserved for residents on such timed schemes. I have an appeal on Monday at the Board of Petitions on this issue and would like to have an informed opinion on the matter. In Italy alone I have clocked around 70,000miles (from Bologna upwards) in four three years and have seen nowhere with so many schemes. And believe me, traffic there is also hectic.
General:
Although I am not a lawyer i beleive discrimination is prohibited by the EU in terms of Article 21 of the Charter of Fundamental Rights of the European Union (2000/C 364/01) unless this has been amended. If it has, can anyone tell me where the latest amendments are. We no longer live alone in the world and we make part of the EU now.
Also a question for lawyers: Is Maltese law above EU law in such issue? Help
I do not beleive that this would represent discrimination as you can park if you wanted to and the money could go to the local council.
Now there is the other issue of the cars not passing from the seafront, what is this all about, our tight secondary road with no air has become a main road so you can imagine when there is a traffic jam EVERY WEEKEND what sort of smells you can get. I must say thanks to onor Demarco and Major Galea for their consideration. If you want to talk about discrimination just go up to bugibba and see what it feels like, oh well on the other hand the general feelings of the people that live in bugibba is one, KINDLY STAY AWAY, WE DO NOT WANT YOU AND WE DON NOT NEED YOU, STAY OUT OF "OUR" BUGIBBA.
Oh once again thanks to MEPA for all the flats (or pigeon holes), thanks to onor Demarco and thanks to our Major. I will have to think twice next election i think.
I am also under the impression that sometimes these parking schemes are put in place to cater for someone's particular agenda, furthermore these are sometimes very unreasonable. Case in point is the parking scheme in Vittoriosa where it is stated that non-residents can park, in almost all Vittoriosa's streets, for up to 150 minutes from Monday to Sunday and from 1700hrs to 0800hrs. We were told that this scheme was put in place to facilitate business in Vittoriosa and increase the turnover of persons who visited Vittoriosa and the relative Waterfront, however the scheme was put in almost every nook and cranny of Vittoriosa and not just near the Waterfront. Moreover, almost everyone knows that most of the citizens of Vittoriosa do not actually live in Vittoriosa. Notwithstanding they form part of all committees of every voluntary organisation in Vittoriosa however they now find themselves that they cannot park in Vittoriosa to perform their volontary duties that ultimately enrich the Vittoriosa Community as a whole. Thank you council
@joseph Borg
I fully agree with you, my parents live in bugibba all year round, they live in st.simon street a road parallel to mc d's. the parking is shamefull, mela in just one street we have 2 disabled parking bays (1 of them is just there so that the owners of the house can take the chairs outside and chat all night long. we have 8 garages, 2 of the owners do not park in front of there garage but in other spots. There was a bar who had the pavement extended in front of his shop, the bar has been closed for 2 years now and the extension still exists. we have one garage that has a yellow box extending for one metre on one side of the garage and then goes to about another 1 metre on the other side of his house door which is next to his garage. The residents in bugibba are not taken in consideration as firstly the council tends to the shop owners and hoteliers and then the tourist and then maybe us residents.
Mr. Galea talks about discrimination. I wonder where Mr Galea lives. Before talking about discrimination 1 ought to consider the nuisance and pollution that people in highly densely populated area suffer from. Councils in europe have these schemes and more - in europe u even have to pay to park. Obviously we cannot impose more taxes since the burden is already enough on tax payers. however, local councillors have an obligation to cater for the interests of their residents. If by trying to defend one's locality interests is considered as shameful..than I am proud of what I did cos in doing what I did I saw what my fellow residents interests were.
b4 judging local councillors mr galea should know that councillors serve there voluntarily! Besides there is no discrimination in introducing these schemes esp d 1 i proposed more than a year ago to adt ie that not all parking spaces shld be under the scheme but a limited amount.
Re the case of pieta local councils the ministry explained what happened in a brilliant way. to explain it we need more than just the 200 words limit of this blog.
tell us where u live mrgalea
They can be legal but they are creating an injustice against car owners who are not residents of the area.
The elves should start exercising their grey matter before introducing partisan politics into every discussion.
These schemes are beyond politics, operated by Labour councils (Pieta', Hamrun, S.Gwann, Mosta, Msida, Vittoriosa and Ta' Xbiex) as much as Nationalist ones (Mellieha, St.Paul's Bay, Sliema, Iklin, Swieqi, St.Julians, Naxxar, St.Venera, Balzan) and even where there is no overall majority (Floriana).
I believe these schemes are discriminatory as they break section 45 of the Constitution that bans discrimination on the basis of "place of origin".
The same section of the Constitution says that discrimination is not banned in so far as it is against persons who are not citizens of Malta. Thus, “place of origin” clearly means a Maltese place of origin.
On this basis, any person can challenge the fine but they have to lodge their case in front of the Civil Court First Hall in its Constitutional jurisdiction.
Local Councils know full well that people won't do so just to avoid paying Lm10.
Come on, what is holding you.
Whilst we do appreciate all the work you have done for the service of citizens on the local council, I myself residing in Qormi and not on the local council you have served, I wish to point out that notwithstanding traffic flows being high in certain areas one cannot discard the simple fact that we all live on a small island and we all share the same burden. I read your article in a local newspaper recently and that was very interesting. However traffic flows are a good sign of commerce and freedom of movement of people, carrying also the right to park one's own vehicle.
I (taxpayer), reserve my right to do that, WITHOUT RESTRICTIONS AND WITHOUT THE FEAR OF GETTING FINED if I stay longer than necessary. No one owns the streets and everyone owns them. Its as fundamental as it can get.
Has anyone really asked what the government (also MEPA, trade licencing and other) does with the money it charges to business and restaurants for licences and past CPPS schemes. Can the money be invested in parking lots/projects for everyone. Can we ever be practical in this country and not overregulate.
I cannot understand your stance in favour of residents parking scheme since as a lawyer I am sure that you know that to solve a problem for a person you must not discriminate against other persons.
As I am also sure you know, discrimination in any form is prohibited, so you yourself are here publicly admitting that you were discriminating against fellow citizens from other towns to favour Hamrun residents. Shame on you.
Mr Busuttil, I defied such schemes and will continue to do so and I am ready to take the matter not only to the local Courts, but also to the EU institutions and even to the European Court of Human Rights if need be.
You can rest assured that I will not allow any local council or any government agency or ministry to discriminate against me.
It is amazing what our local councillers and mayors resort to, even discrimination, for vote catching.
I live there and i need to support myself. Your cappucino can wait.
Parking schemes are important for certain localities where traffic influx is severe. In Hamrun infront of St. Gaetan Church, it is calculated that 4,000,000 vehicles pass each year. The influsxof traffic is terrible thus making it impossible for residents to find parking. Likewise, shopowners recorded an increase in customers when the system was introduced on their own request since it eliminated parking of vehicles from people who work in Floriana and in Valletta and who resorted to occupy a space in St. Joseph High Road!
People need these schemes esp those who live in harbour area.
As if we are not already taxed more than enough!
@joanne fava
You should not have paid but petitioned the Board for Petitions. My fines in the same locality have been revoked because the schemes are discriminatory.
@R.Sciberras
Valletta system is quadruple discriminatory.
1. You cannot park in residents reserved parking
2. You can only park in other parking spaces.
3. You have to pay.
4. Valletta residents do not pay
@David jones
If citizens of other countries allow the authorities to discriminate between them we are not ready to allow ours to do so.
@Bertu Cassar
Its the authorities problem how to solve the problem, but they cannot do so by discriminating against other citizens.
What an absolute disgrace on the part of government and the ministry concerned, the same government that delights in uncovering opposition U-turns in all areas of it's media, and that I helped vote in in the last election!
It seems that Adrian Muscat Inglott's noble Sunday campaign against this widespread illegal practice was brought to a premature end last weekend! Never mind Adrian - if the comments here are anything to go by, then your efforts are even more important now than they ever were. So please keep it up for everyone's sake.
It's only fair after all - if I can't park in your locality you can't park in mine.
As far as I know my taxes are used to maintain ALL the road netwrok in Malta. The roads of St Julians do not belong to the residents of St Julians or to its local council. They belong to ALL the Maltese and their amenities should be equally available to all
This ministerial decree is illegal. It is discriminatory between citizens and if it does not run directly against European Law it is certainly most un-European. Prime Ministers who want to be remembered will unite their people not drive wedges between them.
Parking, in white boxes, infront of restaurants or shops do not even think about because you will your four tyres slashed for good. And finally if you parking in front of some houses the owners will comeout shouting and calling you names not to park infront of their holy places.
Then as one of the contributors said, garage owners and reserved parking owners will park allover the place but not in their sacred parking places.
I would like to refer you to the UK Road Traffic Regulation Act of 1984, which I cannot write here due to character limit but you can see here (produced by a google search too!) - http://www.surreycc.gov.uk/sccwebsite/sccwspages.nsf/LookupWebPagesByTITLE_RTF/Popular+questions+on+controlled+parking+zones?opendocument
There are various reasons allowing the introduction of a CPZ, but NONE of them include discriminating in favour of the residents. In fact residents have to acquire a permit and have to compete with other permit-holders for the parking ... anyone can acquire a permit for the area of the CPZ. This is a much better system because regular users of an area (work, relatives, etc) have as much right to park as residents, and in this case all they need to do is apply for a permit. Non-regular users (shoppers, etc) would not bother with acquiring the permits and thus have to abide by the CPZ rules.
Making permits available to everyone to apply for would remove the cronyism involved with the current system!
But since the scheme has been deemed discriminatory by the Courts of Justice, it is the Ministry who is in fact against the law! Moreover such a statement by the Ministry has to be taken that the Ministry does not recognise the Courts of Malta.
Controlled parking zones exist in other major European cities (as a quick google search will prove) and are regulated by law - if a said are is a residents only zone it is in no way a case of discrimination
Par idejn soda tabilhaqq
Or Judge Farrugia Sacco?
Sur MInistru, ghadna pajjiz tal-MICKY MOUSE.
do not pay and file a petition by registered post with the Board for Petitions at POBox 41 Valletta. The Government is out after our money to fill the empty coffers.
Everyone who gets a ticket should file a petition and also ask for advise from the EU representation in Malta and ask her to refer the matter to the EU institutions.
@ Valerie Aquilina
don't be absurd. Even you you had to do so, the government cannot solve your problem by discriminating against other citizens. What if, as the court said, all towns and villages in Malta adopted such schemes in which case we will have some 60 countries where citizens from other towns cannot park elsewhere other than in their own town?
This only shows the prepotence and arrogance which some Ministers have, even to the extent of discriminating and disobeying a Court judgment.
The only way for the arrogant local councils and politicians to listen is to vote at the local councils elections for your party candidates and then invalidate the vote. Then perhaps they, our servants, will start to listen to what we, the citizens, have to say.
resign? Iddahhakniex! F'Malta, flimkien kollox possibbli!
Although personally I am againt such schemes, I would greatly appreciate if as a long time Swieqi resident, I am informed which streets in my locality have been included in the scheme.
They are nothing more but a money making machine for the goverment. I know for a fact that permits are given out (especially for St. Julian's and paceville areas) to persons (probably friends of members of the St. Julian's local council) not residing in this area.\
You live in Sliema but need to park in B'kara, Hamrun etc? Answer: get friendly with someone in the local council of that area and you are than given a permit to stick on your windscreen.
So what has actually changed?
Do we have Councils or not?
Do we have a top heavy regime or do we have trust in the Councils?
Hawwadna ha nifmu!
Discrimination is prohibited by the Constitution, by the European Convention of Human Rights and also by EU laws.
Although one can revert to nit-picking, no one can deny that there is a general drive in every country to remove all forms of discrimination.
The Times has also reported about the case in Attard where the ADT did not approve a residents parking scheme because it decided that they are discriminatory.
Furthermore, although there is a pending appeal, the Court had also touched on the matter of discrimination in the case Maria Victoria u Joseph konjugi Borg vs Sindku u Segretarju Ezekuttiv in rapprezentanza tal-Kunsill Lokali Pieta'.
Shame on you Minister for condoning discrimination between citizens.
We shall not leave a stone unturned, if need be refer the case to the EU institutions and to the European Court of Human Rights.
Could you please inform those local councils to remove signs that are not approved such as those at B'kara
Can I respectfully ask the Minister whether I can pay only half of my road licence as I spend half of my lifetime at work, earning my wage and also paying taxes?
I am a lesser person than the Minister, of course. He has his driver taking him everywhere.