Transport Malta ignored commuter's 49 reports of smoking on public transport

An investigation by the Ombudsman has revealed that the transport authority ignored some 49 reports of bus drivers smoking on the bus from the same complainant.

Upon being asked by the Ombudsman about this situation, Transport Malta – which is responsible for enforcement of anti-smoking laws on public transport – stated that whenever a bus driver is caught smoking by one of its Enforcement Officers or is reported by a commuter who is prepared to give evidence under oath, legal action is taken against the offender.

However, in the case of bus drivers reported by commuters who are not ready to testify under oath, Transport Malta resorts to the issue of warnings.

Transport Malta has 30 enforcement officers on its books and that since 2008, 53 bus drivers were taken to Court following reports by these Officers.

But the Ombudsman said that statistics given to him by Transport Malta raised more than an eyebrow. “In over 30 months, 30 officers managed between them much less than 2 anti-smoking enforcements per month.  Assuming that all these cases refer to abusive smoking by drivers – since they might also refer to other misdemeanours – this works out at a maximum of 53 abuses in 900 man-months or 0.59 enforcements per man-month.

“In contrast, a single commuter who obviously must have covered only a few routes of the local transport network had reported on his own no less than 49 cases of abuse over 17 months or 2.9 abuses per man-month.”

The complainant had time after time reported to Malta Transport Authority (ADT) and, more recently to Transport Malta, details of abuse by drivers who illegally smoke while driving their bus.

He was never summoned to testify in court against these bus drivers.

The complainant said that in 2009 he had reported to the authorities at least 30 instances of bus drivers who failed to observe the law regarding smoking on public transport while he reported another 19 cases between January and May 2010.

“Complainant had furnished full details of these cases and provided sufficient information for a proper investigation by the authorities.  He also submitted to the Ombudsman correspondence he had with Transport Malta where he insisted that the situation had reached alarming proportions that warranted the authority’s urgent intervention.

“Complainant stated that he was upset that the authority responsible for public transport had not taken legal action on any of these cases even if it issued warnings to the culprits.”

The Ombudsman was quick to point out that these figures do not speak highly of the efficiency of the enforcement system practised by the transport authorities at least over the last 17 months.  “It appears that this organisation is not really doing much to protect commuters from abuse by drivers. Clearly enforcement procedures are not functioning as they should and urgent action is needed on the part of the authority.”