ADT slammed over permit for three open-top buses
The Commission for Fair Trading (CFT) yesterday slammed the Malta Transport Authority (ADT) for delaying the permits for three open-top buses, saying the regulator was only lengthening the process to favour the operator's direct competitors.
In its ruling, the CFT said that, rather than act in the public interest, the ADT was not objective in its reasons for delaying the issue of the necessary permits to the Garden of Eden Garage. Instead of doing such things, the CFT added, the regulator should have ensured that the roads were kept in a good state so they are not dangerous for motorists.
The owners of the Garden of Eden Garage claimed that the authorities' delay in issuing a permit to operate the buses was abusive in terms of the Competition Act and caused the company financial losses.
The CFT heard that the three buses were imported in 1993 with no objection from the ADT. However, since then, the authorities never registered the buses and, consequently, never issued the number plates.
Garden of Eden said that, in 1997, the ADT had told the company it intended to issue licences for the operation of open-top buses, saying in a letter that "the board is favourably considering allowing you to operate open-top buses". But the situation remained stagnant.
The transport authorities claimed the open-top buses posed a safety risk despite being below the maximum height of four metres.
The CFT said the ADT was manipulating its position as the regulator and interpreting the law to its advantage. The ADT decided to act as "a player and a referee".
Lawyer Michael Tanti Dougal, who appeared for Garden of Eden Garage together with lawyer Aldo Vella, expressed satisfaction that the principles of fair competition had been upheld. He said certain authorities had to understand that competition is an intrinsic part of Malta's economic development, not only in the transport sector.
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J Farrugia
Oct 16th 2008, 15:04
Well, first I bring into Malta 3 double decker buses without any agreement with anyone. Then I pretend that I have a right to operate these dd buses in Malta's roads. Ignoring the fact that some streets in Malta have wires at a very low level, so much so that those witting or standing in the upper deck will be hit or worse will have their throats slit by these wires. Has any one thought of this fact before criticising ADT. I know that ADT is not perfect but common sense should always prevail in matters which may effect those who use this service. Unless all of Malta's road are declared fit for these buses to go through them, they should never be operated. And this is no matter for the Fair trade Commission. It's just a matter of public order and safety.
l Galea
Oct 16th 2008, 13:35
a. sciberras
Defiance is the name of the game.
Go to court and hold those in power personally responsible for any losses.
Holding them PERSONALLY responsible for any damages is the only way they will learn.
Charles Micallef
Oct 16th 2008, 13:09
What a shameful episode in ADT's history,
This is where the saying 'Mickey Mouse Country' 'applies in full.
Whoever was responsible should be held to account.
a. sciberras
Oct 16th 2008, 12:14
ADT is rarely ever objective - the open top buses and the electric cabs are not allowed near the Valletta Waterfront for example creating discomfort for elderly persons and for the general public - guess why? of course there are karozzini, white taxes and the 198 bus route in the area. so much for competition and EU laws!
Joe Grima
Oct 16th 2008, 11:58
Waiting 12 years for a simple permit is scandalous.Those who have followed this case have little doubt that this has been a case of years of wilful inertia by the authorities and perhaps a little more than that that remains unspoken. This is a country where power wielders plunge their prejudices to the hilt into the helpless citizen and most times get away with it. What a waste of energy!