A judge yesterday ruled that local councils have no right to create residential parking zones to give residents in one locality advantage over motorists from other localities.

Mr Justice Lino Farrugia Sacco handed down his judgement in the case filed before the First Hall of the Civil Court by Joseph and Maria Victoria Borg, from Swieqi, against the Pietà mayor and local council.

The couple felt aggrieved that they were given a parking ticket when they parked their car in a parking bay reserved for Pietà residents only. They called on the court to declare that the residents’ parking scheme was illegal because this gave rise to discrimination between one motorist and another, who both pay the same road licence.

The court heard how on 23 July 2002, Mr Borg had an infection in his eye and drove to St Luke’s Hospital to get it checked. He parked in a parking bay in Alfred Craig Street and did not notice that the parking bay was reserved for Pietà residents only. When he returned to the car, he found affixed to his windscreen a ticket for an Lm20 fine for the commission of a contravention.

Mr Borg complained that the residents’ parking zone was discriminatory because it made a distinction between two motorists who pay the same road licence every year in order to drive their cars.

On his part, former Pietà mayor Malcolm Mifsud said the council had the right, according to law, to provide parking spaces for its residents and that the council had spent a lot of money to provide and upgrade parking facilities for motorists driving to Pietà.

Handing down his judgement, Mr Justice Farrugia Sacco delved into the human aspect of the parking problem in Malta. He said that the court understands the frustration experienced by residents who want to find parking space available outside their house.

On the other hand, the judge continued, one cannot limit parking to just residents of one locality. “The court cannot ignore how cumbersome it is for a citizen to drive to Valletta and get a fine for entering the city, then drive to Hamrun and park there and get another parking ticket, then drive up to Mdina, drive into the city and get another ticket and then go to visit relatives in hospital and get another parking ticket and finally go home and not find parking close to home. The court can imagine the frustration these people experience. However, that is a politician’s job not that of a Court of Justice,” he said.

After evaluating the legal aspect, Mr Justice Farrugia Sacco ruled that the council had acted ultra vires of its powers and that the council had to apply traffic regulations which were applicable to one and all and not just to residents of a particular locality.