The open-top buses saga

The decision reached last week by the Commission for Fair Trading lambasting the Malta Transport Authority for its refusal to issue the necessary permits for three open-top buses to the Garden of Eden and the positive comments made by the Transport Ministry took me 15 years back in my life since the first open-top buses were imported during my time as chairman of the then Public Transport Authority. In the circumstances, I feel obliged to give an account of the first stages of this saga and include my comments on the present outcome in the interest of all concerned, not least the public.

What has not been stated is that at the time this issue started - 1993 - the Public Transport Authority had approved the importation of the open-top buses to the two operators who had shown foresight through their initiative. We were also prepared to issue the necessary permits for this innovative way of transport, which was and still is mainly aimed at the tourist industry. This contradicts what was said by a certain J. Farrugia in his online comment that the Garden of Eden, or any other operator, for that matter, imported the open-top buses "without any agreement with anyone".

At that time Nazzareno Abela and the late Angelo Spiteri, on behalf of their respective companies Ċanċu Supreme Travel and Garden of Eden, requested a meeting with the chairman of the PTA to discuss their proposal for the importation and operation of open-top buses.

This proposal was discussed between the chairman, the deputy chairman - the late and lamented Victor Custò and an expert on traffic matters in Malta, if ever there was one - and Peter Ripard, who was assistant to the chairman.

After consulting the Structure Plan, the traffic regulations and other documents, including the government's declared policy of encouraging private initiatives, it was decided to recommend to the board of directors to accept the proposal and after a lengthy discussion the board gave its consent.

When these buses arrived in Malta, the Customs authorities at first refused to release them on instructions "from above" however, later, this decision was changed.

The negative attitude "from above" continued, so much so that the Police Commissioner refused to issue the road licence, with the result that the buses remained in the operators' garages. In the meantime, the two transport operators referred the matter to the Civil Court and, as chairman of the PTA, I was the first to be called to testify on this matter and I explained under oath what had happened. The courts found in favour of the operators, years after I had relinquished my post as PTA chairman.

This situation ended, at least for one of the operators involved, some two years ago when the Malta Transport Authority awarded his company the tender for the provision of services by open-top buses.

In the meantime, since winning the tender this operator increased the number of open-top buses to 17, as confirmed in a news item on one of the TV stations last week.

If this information is correct, one wonders whether the present operator is adhering to the tender conditions because this number seems to be substantially higher than that required to satisfy the requisites of the tender.

The company that was not awarded the tender referred the matter to the Commission for Fair Trading, which gave its award last week. The Times reported (October 16) that the commission "slammed the Malta Transport Authority for delaying the permits for three open top-buses, saying the regulator was only lengthening the process to favour the operator's direct competitors".

The Civil Court's decision finding in favour of the two applicants to introduce open-top buses, the award by the Commission for Fair Trading and the statement by the Transport Ministry last week that "the judgment confirms that it is not the job of the authority to stifle and manipulate the market..." are a clear condemnation of the way the Malta Transport Authority handled the introduction of the operation of open-top buses in Malta.

I venture to say that, on the other hand, this vindicates the action taken by the Public Transport Authority back in 1993.

It is now hoped that the Malta Transport Authority will take immediate remedial action by issuing the necessary permits to the injured party and ensure that these permits are totally compatible with those presently applicable to its competitor.

Mr Seychell is a former chairman of the Public Transport Authority.