Authorities May Limit Licences To Ensure Safety

Transport Malta was justified to limit the berthing of a water sports vessel to one bay, since the safety requirements dictated this. This was held in a decision delivered by the Administrative Review Tribunal presided by Magistrate Dr Simone Grech in Adam Debrincat -v- Awtorita dwar it-Trasport f'Malta.

Debrincat appealed from a decision taken by Transport Malta (TM) allowing him to berth his water sports vessel and operation only in Hondoq ir-Rummien. He argued that it was not commercially viable to operate only  in one swimming zone and therefore, his licence was useless. He argued that this is discriminatory because other similar operators do not have this limitation.

TM replied to this appeal and stated that one of the conditions for the certificate is that the vessel would be on a mooring. Furthermore, the public cannot use this vessel is it is not on its mooring and that according to the insurance policy it must be used within 70 meters from the coast. This