Ruling opens doors for more open-top buses

Eight more open-top buses should be freed from garage confinement and take to the streets after the Commission for Fair Trading again ruled against the transport authority, which had suspended their licensing.

The buses were imported by Garden of Eden Garage Ltd in November and January, following a similar decision by the CFT in October, which free another three that had been effectively locked up for 15 years.

The CFT had slammed the Malta Transport Authority (ADT) for delaying the permits, saying the regulator was only lengthening the process to favour the operator's direct competitors. It had said the ADT had not been objective in its reasons for delaying the permits.

Garden of Eden had won a long-drawn-out battle to obtain a licence for the double-deckers it imported back in 1993, driving it to import another eight thinking the journey would be plain sailing this time, its director, Alfred Spiteri, said.

But when they arrived in Malta, the licences for the buses were blocked again by the ADT.

The transport watchdog postponed the inspection by its technical unit - part of the procedure to obtain a licence to operate vehicles - later saying it was waiting for the government's policy for the open-top buses, which were still being drafted, Mr Spiteri said.

The authority had been instructed by the Transport Ministry not to process applications till the policy governing the unscheduled transport sector was in place. But Garden of Eden argued that a government plan in 1990 had identified the need for double-deckers, encouraging operators to import them.

"They should have had enough time to formulate a policy by now," Mr Spiteri said. "It had no right to keep us inside for 15 years," he continued, pointing out that another company had 12 licences.

Garden of Eden then turned to the Office of Fair Competition once more, which investigated the matter, finding in favour of the company again and ordering the ADT to process the pending files that would lead to obtaining the number plates.

The Director of Fair Competition said the ministry's instructions did not have any legal strength and were not above the law, so they could not bind the ADT.

"We have not yet been called up for the vehicle inspection," Mr Spiteri said. "But we are no longer in limbo and are waiting to hear from the authority."

After the first "tough" ruling against the ADT, the ministry had welcomed the decision, saying it was in line and actually vindicated its liberalisation plans. The ruling had confirmed it was not the job of the authority to stifle and manipulate the market, which needed to be open, the ministry had said.

Meanwhile, the other three open-top buses - and their passengers - have seen the light, transporting tourists and locals around the island, offering a variety of tours.

But that issue is not over yet and, last month, the firm sought damages from the ADT over the permits delay, which was considered abusive in terms of the Competition Act and caused the company financial losses.

"The Competition Act was introduced in 1994 and, since Malta's accession in the EU, the enforcement of the competition principles is inevitable in all sectors," Michael Tanti Dougall, Garden of Eden's lawyer, insisted.