A taxi driver’s appeal to have his identification tag renewed was again turned down by an administrative review tribunal calling for a discrepancy in the law to be addressed.

Joe Cassar, a cabdriver for over 40 years, had received a letter from the Transport Authority informing him that his identity tag could not be renewed on account of a conviction for a traffic offence in April 2016.

The driver had landed a €100 fine after running a red light while ferrying some tourists who were late for an outbound flight.

Caught in the rush hour traffic on the way to the airport from Xemxija, the passengers were in a panic since they were late for their flight. The taxi driver had not stopped when the lights turned red, landing himself in trouble with the law.

After being prosecuted and fined by a Magistrates’ Court, the driver risked losing his job when Transport Malta declared that his tag, an essential requisite for anyone providing a chauffeur-driven service, could not be renewed.

An appeal from the Transport Authority’s decision was filed before an Administrative Review Tribunal chaired by magistrate Charmaine Galea.

The legislation in force presented “a great discrepancy”, the Tribunal observed when passing judgment.

When applying for a taxi driver’s permit one needed to be of ‘good repute and conduct’, a prerequisite that was not satisfied when the applicant had been convicted of an offence liable to 1 month imprisonment.

Yet, a renewal of the tag was not allowed if the applicant was convicted of any traffic offence over the previous two years. This meant that even a simple contravention, like failure to affix one’s licence on the driver’s windscreen, could result in a non-renewal of the tag.

The Tribunal’s hands were tied since the law spoke clearly and the Transport Authority had interpreted the law correctly, the judgment read. However, a strong recommendation was being issued to the Transport Minister to rectify the discrepancy, the Tribunal declared while rejecting the appeal.

A notice in the Government Gazette dated April 13, declared that the legislation has since been amended so that a renewal of the tag now depends on having an appropriate driving licence, being of good repute and conduct - by the same standards as for the driver’s permit - attending regular courses of instruction and successfully completing the relative exams.

Lawyer David Gatt was counsel to the appellant.