Transport Malta has been slammed by the Ombudsman for its inefficient enforcement system where 30 officials collectively clamped down on just 53 bus drivers for smoking while on duty in a span of two-and-a-half years.
Such statistics “raised more than an eyebrow”, especially after one commuter alone filed 49 reports of smoking bus drivers between 2009 and May 2010, Ombudsman Joseph Said Pullicino said in a report.
“These figures do not speak highly of the efficiency of the enforcement system practised by the transport authorities over the last 17 months,” he said.
Dr Said Pullicino drew up the report after the person who filed the 49 cases with Transport Malta turned to his office because he was “upset” about the transport watchdog’s failure to take any legal action.
Each report was detailed with enough information for the authority to open an investigation.
But Transport Malta said it always took legal action whenever a bus driver was caught smoking by one of its enforcement officers or was reported by a commuter who was ready to give evidence under oath. If they were reluctant to testify, then Transport Malta would simply issue the bus driver with a warning.
However, Dr Said Pullicino, a former Chief Justice, pointed out that Transport Malta had enough time to improve its enforcement system since it took over in July 2009. Also, a bus driver could easily get rid of a cigarette on seeing an enforcement officer.
The authority could use other methods to catch drivers who were smoking such as more frequent inspections by different enforcement officers.
Dr Said Pullicino also recommended introducing an SMS reporting system, similar to the one used to report emissions, to identify abusers.
Transport Malta had a duty to enforce the laws and have in place proper administrative structures and an effective control system to curb abuse. The non-smoking ban comes into effect from the moment a driver or passenger stepped onto the bus.
“This investigation showed that the authorities are seriously failing in their duty and in their responsibility towards commuters,” he said.
Dr Said Pullicino said the upcoming public transport reform was expected to bring “a radical improvement” in the discipline and efficiency of the service.
“Commuters have a right to be well protected by a serious inspectorate service capable of gaining their respect as well as instilling discipline in a minority whose actions bring the local transport system into disrepute,” he said.
The Ombudsman strongly urged Transport Malta to take immediate action to improve enforcement of anti-smoking legislation on public transport to better protect commuters’ health.