An investigation by the ombudsman has raised questions on the enforceability of notices about tow zones issued by local councils for specific events in their locality. 

The case centres around a woman who had her car towed after leaving it in an area with parking restrictions starting at 7pm. 

Her car ended up being towed away at 2.30pm, several hours before the restrictions started, due to “conflicting notices”. 

Notices at the parking area indicated the tow zone would begin at 7pm, however other notices affixed near flyers for an event organised by a local council indicated an earlier time of 2pm. 

The 7pm notice was issued by a local council, that was not named in the ombudsman’s report, following a notification about the parking restrictions published in the Government Gazette. 

According to traffic regulations, the ombudsman said, only the commissioner of police or Transport Malta can issue temporary traffic orders for specific events. 

The investigation highlights that local councils lack the legal authority to issue notices for events with the same enforceable power as the police or Transport Malta. 

The local council admitted to organising the event and affixing the tow zone signs, however conflicting notices at the site created confusion, the ombudsman said. 

It was concluded that the woman was unfairly penalised due to inconsistent notices and administrative oversights by the local council. 

Notices at the parking area indicated the tow zone would begin at 7pm, however other notices affixed near flyers for an event organised by a local council indicated an earlier time of 2pm

The complainant could not reasonably determine which notice to follow, resulting in an unjust towing action, the ombudsman said. 

It was recommended that the towing fine be reimbursed and that local councils be instructed not to publish such notices in the Government Gazette without legal authority.

The woman was refunded the €200 towing fee and the ministry “committed” to clarifying local councils’ roles in publishing traffic notices, the ombudsman said in a November report. 

This issue appears to be separate from a 2022 court ruling deeming it illegal for private individuals to fix tow zone signs on a property, as this should only be done by a government entity.

The following year, the law was changed, allowing applicants to affix tow zone signs issued by a local council.