7 April 2023
Ombudsman Diana Kovacheva has sent a letter to Sofia Municipal Council Chair Georgi Georgiev and Sofia Mayor Yordanka Fandakova sounding the alarm that the institution continues to receive complaints from citizens in relation to the latest amendments to the Ordinance on the Terms and Procedure for Use of Public City Transport on the Territory of Sofia Municipality adopted by the Sofia Municipal Council.
Diana Kovacheva draws attention to issues related to the transport passes for pensioners and people older than 68, for people with disabilities with more than 71% by type and degree/degree of permanently reduced capacity for work, including citizens who have bought a ticket by the respective driver.
Pensioners and people older than 68 complain that they are unable to benefit from the preferential prices of city transport passes because their permanent address is in another city.
“Pursuant to the Ordinance on the Terms and Procedure for Use of Public City Transport on the Territory of Sofia Municipality adopted by the Sofia Municipal Council, the preferential travel is also inaccessible to people registered only at a current address on the territory of Sofia Municipality,” Prof. Kovacheva notes.
She emphasises that these people are, in practice, subjected to inequitable treatment based on a “territorial principle” because they are older than 68, their pension is “degradingly” low, they need to reside in Sofia for a certain period of time and, yet, they do not have the right to preferential prices of city transport passes.
She underscores that there is discontent specifically with Decision No. 120 as per Protocol No. 71 of 23.02.2023, effective as of 1.02.2023, of the Sofia Municipal Council as regards the part which provides for the new preferential prices of city transport passes for the different categories of people laid down in Article 29 (1) (amended – Decision No. 539 as per Protocol No. 60 of 21.07.2022) The right to traveling based on long-term personalised travel passes for preferential trips shall be accorded to certain groups of citizens listed in detail in the Ordinance.
“In the capacity of an advocate for the rights of citizens at a disadvantage, as undoubtedly pensioners, people with disabilities and others are, I would like to note that the prohibition for persons whose permanent address is not on the territory of Sofia Municipality to benefit from the lower prices of transport passes creates prerequisites for taking away of rights and possibilities which could be of help in their efforts to live an active, independent and dignified life,” the Ombudsman writes.
Diana Kovacheva also draws attention to another fact – the citizens’ dissatisfaction with Decision No. 539 as per Protocol No. 60 of 21.07.2022 of the Council as regards the part which provides for the new preferential prices of travel passes for people with disabilities of more than 71% by type and degree of disability/degree of permanently reduced capacity to work.
“The complaints point out that the increase in the prices of passes for people with disabilities of more than 71% by type and degree of disability/degree of permanently reduced capacity for work without the right to external assistance is significant and does not take into account the difficulties the citizens are experiencing in the conditions of a substantial inflation and deteriorating economic environment,” the Public Advocate also notes.
She emphasises that the abrupt increase in the price of 70% does not take into account the high levels of unemployment of people with disabilities, the proven poverty, the destitution and the difficulties they are forced to battle every day.
“In the capacity of an advocate for the rights of citizens at a disadvantage, as undoubtedly people with disabilities are, I would like to note that the setting of significantly higher prices for travel passes creates prerequisites for taking away of rights and possibilities which, over the tears, have helped people with disabilities to live an active, independent and dignified life. The price of passes as adopted creates conditions to increase the isolation of citizens with reduced mobility given the other existing architectural barriers in the urban environment,” Prof. Kovacheva is definitive and recalls that Bulgaria has obligations under the UN Convention on the Rights of Persons with Disabilities which it has ratified.
The other problem the Ombudsman writes about is related to the validation of single-trip tickets without the right to a transfer which are purchased at the respective driver.
It turns out that drivers sell single-trip tickets without the right to transfer which require mandatory validation; if this obligation is not fulfilled and there is a check by controllers, citizens are forced to buy a ticket of 40 levs for non-validated travel.
The Ombudsman notes that, pursuant to the Ordinance on the Terms and Procedure for Use of Public City Transport on the Territory of Sofia Municipality, a paper-based “single-trip ticket” sold by the driver – a fiscal document – is valid without additional validation (it is validated at the time it is printed out) (Article 11, paragraph 1, item 3) and a paper-based single-trip ticket without the right to transfer issued by the driver – a fiscal document – is validated at the time it is printed out (Article 11, paragraph 3).
Prof. Kovacheva asks specific questions – whether drivers sell single-trip tickets without the right to transfer – a fiscal document – as the requirement of the Ordinance is, and if not – why not?
She also asks why drivers sell a single-trip ticket without the right to transfer – a valuable form which requires validation.
“We know that the City Mobility Centre has issued specific instructions for the validation of this type of ticket given the particular manner of doing it which proves to be difficult for the citizens,” Kovacheva continues.
She recommends that measures be taken so that drivers in Sofia City Transport vehicles will sell tickets – fiscal documents.
She also insists on possibilities for people in a vulnerable situation to be able to use Sofia City Transport at appropriate prices in view of their abilities and the difficulties they face due to the seriously growing inflation.