A refusal by the Transport Authority to renew a chauffeur's licence was overturned by a tribunal because it was based on an incorrect and superficial examination of the facts of the case.

Magistrate Gabriella Vella, presiding over the Administrative Review Tribunal, delivered this ruling following an application by chauffeur Redeemer Portelli against the MTA.

Mr Portelli told the Tribunal that he had been licensed as a chauffeur since March 2010 and that his licence expired in October that year. He had applied for renewal of his licence but this was refused by the MTA on the basis that he did not satisfy the objective criteria established by law.

The law governing provided that for an applicant to be considered of good conduct, he could not have been convicted, in the five years preceding his application, of a prison sentence or of a fine of more than €1,000 for violation of the Traffic Regulations Ordinance.

The Tribunal heard that in January 2010, Mr Portelli had been found guilty by the courts of grievously injuring a woman while driving.  He had also been found guilty of driving in a dangerous manner and had been fined €1,800.  His licence had been suspended for four months.  It was on the basis of this court judgment that the MTA refused to renew Mr Portelli's driving licence.

But Magistrate Vella said that the MTA had not taken into consideration the fact that the fine imposed on Mr Portelli was a based on two offences, one in violation of the Criminal Code and the other in violation of the Traffic Regulations Ordinance, for which he had been fined €232.94.  This was less than the €1,000 stipulated in the law governing licences.

The Malta Transport Authority had, therefore, not been justified in refusing to renew Mr Portelli's licence and had dealt with him as though he had been found guilty of a crime carrying a far larger penalty.

Magistrate Vella revoked the MTA's decision and ordered the authority to once again examine Mr Portelli's request for a renewal of his licence in a reasonable manner.