Ombudsman Velislava Delcheva has notified the Minister of Transport and Communications Georgi Peev of a systemic problem in exercising the right of children up to 14 years of age to travel free of charge on intercity transport throughout the country, the Ombudsman's press center reported.
The letter was received by the institution following complaints describing cases of children with electronic cards issued in one municipality who were forced to pay for a ticket when traveling in another municipality, and in some cases were even removed from vehicles when they did not have the funds. The reason given is the lack of technical capability for cards issued in another municipality to be verified by the local system.
In practice, the technological incompatibility between the transport systems of individual municipalities creates different conditions for exercising the same right. In some cases, parents are required to visit local points and receive additional cards, even though the child already has a state-issued card. Restrictions related to permanent or current address are also created, the press release states.
The problem is particularly visible with electronic cards, where some of the data necessary to verify the right to free travel is not physically written on the plastic, but is contained in the internal electronic system of the municipality that issued it. This makes checking the validity of the card in another municipality practically impossible.
As a result, conflict situations, sanctions and cases where children are placed in a situation of stress and uncertainty due to technical limitations for which they and their parents are not responsible, the Ombudsman's institution notes.
“It can be concluded that although the regulation is the same for everyone, local transport operators impose different conditions that create barriers for citizens“, points out Ombudsman Velislava Delcheva, quoted in the press release. She refers to Order No. RD-08-14 of January 9, 2024 of the Minister of Transport and Communications, according to which: “children from seven to 14 years of age travel free of charge on intra-city transport throughout the country with a card in the form of a card in accordance with the annex to this order or with an electronic card“.
In this regard, the Ombudsman recommends that the Ministry of Transport and Communications take action to overcome the regulatory, administrative and technological obstacles to the exercise of this right.
Among the proposals are regulatory clarification of the rules to ensure that a child who already holds a state-issued card will not be required to receive an additional local document, as well as the creation of national standards for electronic cards so that they can be recognized and checked by validators throughout the country.
The Ombudsman also proposes that the Executive Agency “Automobile Administration“ to conduct inspections of the practices of municipal transport operators and take action upon the establishment of illegal restrictions.
The Public Defender emphasizes that the right to free travel is universal and guaranteed by the state and cannot be restricted by local rules, address registration requirements or refusal to recognize a national-style card.
“I believe that your intervention will ensure that funds from the state budget are used for their intended purpose to facilitate citizens, and not to create new barriers. Depriving a child of the right to transport due to software or address discrepancies is a direct violation of his interest and social rights“, emphasizes Delcheva, quoted in the press release.