Public Transportation Act May Be Unconstitutional, Ombudsman Says
Certain clauses in the Public Transportation Act – particularly those, which obligate public transportation companies to provide free rides to specific groups of people – are too vaguely phrased and therefore unconstitutional, according to Chancellor of Justice.
For years, public transportation companies have been engaged in an ongoing battle against the legislation which stipulates that pre-school age and disabled children, severely disabled over 15-year-olds and escorts of people with severe disabilities travel on inland routes at the expense of the companies.
The law, however, fails to specify the exact characteristics of each group exempt from paying a fare and the proof of their right to travel free of charge, Postimees reported.
Chancellor of Justice Indrek Teder has now asked the Ministry of Economic Affairs to consider constitutionality of such clauses. He has also raised the question whether it is legal for the state to compel private companies to offer free services.
The ministry has said in a statement that it aims to clarify the legislation and draft the necessary amendment by the end of March. Nevertheless the ministry is not planning to change the rule that transportation companies have to provide free travel to specific groups without compensation from the state.
"While assembling their business plan and economic activities, companies must reckon with the expenses arising from the law," said Rasmus Ruuda, adviser for the ministry, adding that companies always have the option of raising the standard fares.
Ingrid Teesalu