We refer to the article “Website offers Maltese drivers’ licences without a test” by David Lindsay (TMIS, 6 January). The Malta Transport Authority would like to make it very clear that there are no loopholes in Maltese legislation and the service being offered by Pearl Migrations S.A. is both illegitimate and illegal.

The Maltese subsidiary legislation 65.18 is explicitly clear in this respect.

All applicants for a Maltese driving licence must satisfy the Malta Transport Authority that they have the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. In this respect, they must undergo a driving test, which comprises a theory test and a test of skills and behaviour.

The EU acquis communautaire requires that all EU member States mutually recognise the driving licences issued by the competent authorities in other member States. Regulation 7 of subsidiary legislation 65.18 establishes that a holder of a driving licence issued in another EU member State can only exchange his driving licence for an equivalent Maltese driving licence if he or she takes up “normal residence” in Malta. A person with “normal residence” is defined as someone who habitually lives in Malta for at least 185 days in each calendar year for personal and occupational reasons, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living. In this respect it, Maltese law, only provides that a person must be physically present in order to take a full driving test in Malta to obtain a new driving licence, or must take up normal residence in Malta where the holder of a driving licence issued in another EU country wishes to exchange this licence for a Maltese driving licence.

The claim being made in the Pearl Migrations S.A. website that the holder of an EU driving licence can eliminate any accumulated points from traffic violations in an applicant’s home country by getting a new licence from various listed new EU entrant countries is also not possible in Malta. Since Malta joined the European Union in May 2004, the Malta Transport Authority has exchanged 849 driving licences issued by competent authorities in other EU member States for the Maltese equivalent driving licence. In each case, the applicant had taken up normal residence in Malta and the authority’s Licensing and Testing Directorate had verified with the competent driving licence issuing authority of the other EU member State whether the licence has any form of restriction on it, which includes penalty points for traffic offences. On the basis of this official information, the Malta Transport Authority either issues a Maltese driving licence or rejects the application.

The Malta Transport Authority would like to advise unsuspecting applicants for driving licences to be aware of these and other kind of internationally operated scams being offered over the Internet. The ADT will be bringing this matter to the attention of the European Commission and other EU member States at the next Driving Licences Committee meeting of the European Commission.

Daniela Borg Mizzi

Manager

Public Relations

Malta Transport Authority