The Malta Insurance Association was very surprised to learn about the government’s decision to relax the enforcement of six traffic contraventions, particularly as the association was not consulted prior to the introduction of the measures.
Three of the six instances which, according to Lesa will now only attract a warning ticket for first-time offenders, are considered offences in the eyes of the law, and the second schedule of the relevant legislation, that is the Traffic Regulation Ordinance (Cap 65), quotes the fine that should apply: illegal parking – €23.29, noisy silencers – €69.88 and licence not affixed to windscreen – €23.29.
It stands to reason, therefore, that if according to the law, they are considered offences, then they should be met with the appropriate sanction.
The measure as announced may lead to an inconsistency in the manner the law is applied. Since it seems that the warning system will be implemented solely by the wardens, this means that the very same offence will be treated differently by the police.
If a police officer comes across such an offence, then a contravention will be issued, with the ensuing fine having to be paid by the offender. On the other hand, the same offender will consider himself lucky if it is a warden that comes across his vehicle, as he will end up receiving only a warning ticket.
The MIA has many times expressed its concern about the level of enforcement of traffic offences, many of which are the causes of road accidents that not only result in unnecessary expense but also in fatalities and permanent injuries.
Proper enforcement is aided if the law is clear, thus the creation of such uncertain situations with the announced ‘relaxation’ will only complicate matters. Motorists are already all too familiar and aware of the frequent obstructions to the traffic flow they encounter on a daily basis, such as the haphazard parking of vehicles on double yellow lines, double parking and parking at the corner of a road intersection which blocks the view of motorists.
We need to be careful not to send a message that such irresponsible actions are actually condoned or, worse still, pardoned
Apart from being a nuisance, such offences are a major cause of the obstruction of traffic flow and may often lead to traffic accidents as motorists are forced into undertaking dangerous manoeuvres to avoid them. Those who simply leave their vehicles in the middle of the road either to deliver goods or to stop for a quick purchase are unfortunately a too-familiar sight on our roads. Vehicles with missing lights or side mirrors can also create an unnecessary hazard in the roads, which too may lead to accidents.
The announcement also mentions three other instances which attract a warning ticket and are considered to be hazards to road safety and will certainly run counter to the good work being carried out by the Road Safety Council. They are: broken headlamp and rear light, lights not functioning properly and a vehicle which is not roadworthy.
The MIA reiterates its view on the importance of the authorities sending out strong and unequivocal messages if road discipline and road safety are to be upheld.
Fines, per se, do not contribute to an increase in business ex-penses, but the irresponsible action which may lead to a fine does. We need to be careful not to send a message that such irresponsible actions are actually condoned, or worse still, pardoned.
There are several other measures the authorities may wish to consider if their objective is one of creating a more favourable perception of traffic wardens by the general public.
Tampering with fines that apply to traffic offences is certainly not such a measure, particularly as it is bound to create confusion. It is particularly inappropriate at a time when Parliament is debating important new measures such as the introduction of lower alcohol limits for drivers and the introduction of penalty points.
Warning systems are ineffective in a country where even fines struggle to be an effective deterrent (for instance, while fines for using mobile phones have increased, mobile phone use while driving has not really abated) and where enforcement remains weak.
The MIA therefore calls upon the authorities to reconsider the measures and possibly postpone the introduction of warning tickets, so that a proper consultation process is held between all interested stakeholders, including the MIA and the Malta Road Safety Council, among others.
Adrian Galea is director general of the Malta Insurance Association.