Updated 8.43 with reaction by the Light Passenger Operators' Association disputing the Ombudsman's decision.
The Ombudsman has sided with a cab driver who complained of his license being left “in limbo” amid regulatory confusion relating to garages, advising Transport Malta (TM) to renew his license and consider renewing others in the same position.
Commissioner for Environment and Planning at the Office of the Ombudsman, Alan Saliba, also recommended drivers be given an additional year to regularise their garaging arrangements amid “inconsistencies between the various regulations.”
Saliba said TM should meet with Planning Authority (PA) officials, architects – who are being asked to sign off on garaging facilities for operator license renewals and new applications – and cab operators to resolve the situation.
The commissioner's words come a day after Times of Malta reported cab drivers working for ride-hailing services such as Bolt, eCabs and Uber were struggling to renew their operator licences amid a disagreement between architects and transport officials over garaging regulations.
What is a Public Service Garage?
In August, a cab driver contacted the Ombudsman complaining that “grave legal anomalies and administrative irregularities” had left his operator license “in limbo” a year after the same issues “unlawfully” delayed his last renewal for over three months.
He argued that “legal ambiguity surrounding the concept of the Public Service Garage (PSG)” – a space for commercial chauffeur-driven vehicles with a specific permit from the Planning Authority – had led to him being unable to renew his license.
But PSG permits have proved to be a thorny issue between architects and transport authorities; while the latter says they are not needed for cab drivers with four or fewer vehicles, architects disagree
In a circular to its members earlier this year, the chamber of architects (KTP) stressed that PSG permits were a PA requirement for all commercial passenger vehicle garages, regardless of the number of vehicles, and so outside the control of TM.
And earlier this month, Kamra tal-Periti (KTP) president Andre Pizzuto accused transport authorities of trying to “trick” architects into signing declarations that are not in line with regulations.
“It is an attempt to use the warrant of my profession to circumvent regulations,” he said, pointing to rejections of declarations stating a lack of PSG permit as evidence of permits still being required regardless of changes to transport rules.
Saliba appears to agree with the KTP, stating in his final opinion that the chamber was “correct in... instructing them [architects] to ensure the garage possesses a valid public service garage PA permit.”
The commissioner also noted that while architects were required to sign declarations certifying garages for new applications, they were not obliged to do so for renewals. He called on TM to align its regulations with planning regulations.
Commenting on the Ombudsman’s final opinion, Pizzuto called it “further confirmation of the soundness of the KTP's position on this matter, and the deception and unnecessary grief and anxiety the operators were subjected to over the past months.”
"We trust that TM will recognise the Kamra's credibility and reliability in consulting public entities, particularly on regulatory matters, as many such entities have gradually already done.”
Operators' association against 12-month extension
A spokesperson for the Light Passenger Operators Association (LPOA) representing ride-hailing cabs told Times of Malta that while the association agreed that operators "cannot be held in a state of limbo," it rejected the recommendation to grant a 12-month extension.
"The legal notice published in October 2023 had already established a 'transitory' grace period of twelve months to operators having five cars or more to regularise their position with public service garage requirements", he said.
The association also disagreed with Saliba's opinion that a PSG was required for all operators, stressing the law was "clear" that such a permit was only required for operators with five or more vehicles.
Calling this a "misinterpretation" of legislation, the spokesperson said the "intention of the legislator and the legislation is clear, and operators having one to four cars do not require a public service garage."