Transport Malta has agreed to set up a mechanism to handle claims by motorists for damages caused by the state of the roads.

The Ombudsman in a statement this afternoon said his office had investigated a number of complaints lodged by people who claimed payment for damages, which complainants claimed should have been addressed by Transport Malta. 

A number of meetings were held with authority officials where it was agreed that a procedure and criteria to be adopted in processing such claims needed to be determined, formalised and published by Transport Malta.

A document, indicating the procedure to be followed by the Roads and Infrastructure Directorate of Transport Malta (RID) and the manner in which the claims would be examined, assessed and decided was passed on the Ombudsman for his comments.

The Ombudsman made a number of suggestions. They included:

a)  the acknowledgement of all correspondence received from claimants within pre-established short time-frames;

b) a clear indication of the time limits applicable for the review and decision of  claims;

c) where the claim is considered as not having been adequately substantiated, claimants are to be provided with details specifying the findings of the Committee and indicating detailed reasons for the  refusal of the claim, so that claimant could request a reconsideration of the decision in terms of the procedure established by the Authority.

The Ombudsman also pointed out that an alternative dispute resolution mechanism which is completely independent of Transport Malta should be created in addition to the internal mechanism for the resolution of those claims which were not resolved by this internal committee.

The Ombudsman suggested that this independent Board would replace the Appeals mechanism envisaged in the Authority’s guidelines and should be composed of competent persons whose decision is not dependent on approval by the Authority or any of its officials.

Transport Malta felt it was  premature to set up an independent board, since it was confident that its committee possessed the necessary knowledge and would provide a transparent and credible process to all parties concerned.

The Ombudsman said that if complainants were not satisfied with the outcome of a claim lodged with this internal committee, they could  always refer the grievance to the Office of the Ombudsman for investigation.

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