In our view, any reform of the local warden enforcement system must aim at strengthening and improving traffic management and reducing the occurrence of road accidents.
According to the White Paper, a new unit will take over the functions of the present local warden services. Local wardens will train and relocate to this new unit. This implies the disbanding of the local warden services as we know them today and that most of their current functions will be assumed by the new unit.
In the context of this proposal we wish to draw attention to the involvement of the local warden services in the investigation and reporting of traffic accidents.
This activity has been carried out quite successfully over many years by a dedicated group of local wardens for the benefit of the whole community. Indeed, more than 11,000 accidents are provided with a warden’s report each year.
Prior to 2000, the police used to attend to all traffic accidents and draw up a report setting out a description of the accident and the identity of the people, witnesses and vehicles involved. A copy of the police report used to be made available to victims of traffic accidents, their lawyers or insurers. The availability of such a report was a very useful pointer when deciding who was at fault. It was more often than not relied upon by claims managers and the courts when proceeding to the settlement of losses arising from a traffic accident.
Other priorities led the police authorities to partially devolve this function. Following consultation with other stakeholders, their involvement was reduced. The police continued to carry out the investigation and reporting of traffic accidents involving damage to public property and bodily injuries. On the other hand, local warden services were engaged by motor insurers to report on all other traffic accidents, with the exception of minor front-to-rear accidents.
It was left upon motor insurers to engage a dedicated team of local wardens to fulfill this task. Motor insurers were asked to ensure that victims of traffic accidents (other than those falling within police remit) would, at no cost to themselves, be able to call a local warden to the scene of an accident to draw out the necessary traffic accident report. Motor insurers assumed the financial cost implicit in this new service after an invitation to tender was made to all warden services.
The White Paper should take the warden services into account and make sure they are retained
Although financed by motor insurers, people who suffer any kind of loss as a result of a traffic accident are able to obtain copies of the relevant report from their insurer. The police and the National Statistics Office also tap into this macro data to monitor accident activity. Indeed, insurers make monthly disclosures of such data to NSO.
In providing this infrastructure, motor insurers had anticipated what has now become a European standard requirement set by Directive 2009/103/EC. This requires member states to provide basic accident information for the settlement of claims to victims or their legal representatives.
This objective is achieved through a service level agreement that sets time frames within which local wardens are to reach the scene of an accident as well as the detail, photos and measurements that are to be listed in the report. A copy of the traffic accident report and all attached photos are made available within two working days following the date of accident.
This dedicated warden unit is required to maintain a call centre manned continuously on a 24/7 basis throughout the year and equipped to receive attendance requests in connection with traffic accidents and to liaise with the police and insurers.
The service level agreement also requires the local warden services to provide full assistance to the police whenever a traffic accident involves a breach of traffic regulations or relates to unlicensed or uninsured motorists. Wardens are not only required to attend to their functions in a timely fashion but are also trained to manage the flow of traffic around the place of accident until the motor vehicles are removed.
Provision is also made for the collection of very useful statistical information that is meant to help in the analysis of the likely causes of traffic accidents. This includes standard codes and descriptions for the most frequent accidents as well as their GPS location to identify accident black spots on Maltese roads.
The involvement of local wardens in the reporting of traffic accidents is not often spoken of. However, many of us have, when least expected, found ourselves frantically calling 2132 0202 for a local warden to come to a traffic accident in which we were unfortunately involved.
The proposals in the White Paper should take these warden services into account and make sure they are retained in their entirety and carried forward uninterruptedly.
Adrian Galea is director general of the Malta Insurance Association.