Updated - Transport Malta has dropped its defence in two appeals filed by VRT stations which had been fined after cars failed post VRT inspections.

In the first case, Transport Malta had imposed penalty points on a tester and fined VRT licence holder Michael Buhagiar €550 after finding that a car tested at Lourdes Service Station in October 2010 was producing excessive emissions.

File photo.

An appeal was filed before the Administrative Review Tribunal in November 2010 and evidence was heard in May 2011, December 2011 and February 2012.

In his arguments, Mr Buhagiar pleaded that the excessive emissions were a result of an ‘intermitted nozzle’ and the irregularity did not exist while the car was being tested.

In May 2012 Mr Buhagiar gave up the appeal where it involved the Transport Ministry but stood by his appeal against Transport Malta.

On April 24, 2014 Transport Malta, which had initially defended its decision, filed a note saying it would no longer oppose the appeal and would no longer insist on the imposition of the fine and the penalty points.

Transport Malta requested that the cost of proceedings be tax free and shared by the parties. The tribunal said that the authority should bear the costs except where they related to the ministry, in which case they had to be borne by Mr Buhagiar. 

The second case involved Motor tests Services Ltd, which had been fined €770 by Transport Malta in November 2011 after a post test inspection on a car found that it had the left side drive shaft rubber boot torn and the tint film fixed on both rear side windows exceeding the light transmission limits. Moreover when the tint meter was inspected at the garage it was found to be out of order.

The garage owners said the tint meter was in order and it was not true that at the time of the test, the shaft rubber boot was torn.

After all the evidence was presented, Transport Malta filed a note dropping its defence and the fine and penalties.

APPEAL TURNED DOWN

In another case, the Administrative Review Board rejected an appeal by XTC Service Facilities. Transport Malta had imposed a fine of €550 in September 2010 after finding a missing seal in the fuel flow adjuster during a post VRT inspection.

Jesmond Pulis, on behalf of the VRT station, in his appeal said his garage could not be held responsible for irregularities found on a car inspected days after the VRT tests. The car had been in a proper condition when it was tested, and was passed accordingly.

The Board said it had not been shown that the seal was present during the test. Nor had it been proven that it was removed after the test, and the vehicle owner was not produced as a witness.