An analysis of the conflicting jurisprudence on Article 3 of Chapter 104 of the Laws of Malta

Abstract

The Motor Vehicles Insurance (Third-Party Risks) Ordinance is the principal domestic legislation safeguarding third parties in relation to traffic accidents caused by motor vehicles on the road. Notwithstanding the importance of such an Ordinance, some of its provisions has, for a long time, given rise to legal controversy insofar as the validity of one’s insurance policy is concerned. More specifically, this Chapter has left a lacuna in instances whereby one is caught driving a vehicle without a driver’s licence while the vehicle itself is insured. The main point of contention here is whether such situations give rise to criminal liability under Article 3 (1) of Chapter 104, even though there is an insurance policy protecting third parties in place. This question also extends to cases where a person lacking a driver’s licence is caught driving another person’s insured vehicle. Furthermore, Article 3 (1A) shifts the burden of proof towards the defendant to prove compliance with Article 3 (1). However, some creative interpretations given by the Court of Criminal Appeal has only served to add an extra layer of ambiguity to Chapter 104. For several years, our Courts have gone back and forth on the matter, and there has not yet been a definitive breakthrough which could settle the issue once and for all. The penalty imposed for first-time offenders of this Article starts at a minimum of €2,329.37 and a potential maximum of €4,658.75, apart from a suspension of the driving licence for a term which the Court deems fit. It follows that the repercussions emanating from this Article cannot be overlooked, especially since they concern something as important as insurance policies. It only follows that the topic merits close attention: the subject matter here lays at the heart of road safety and giving recourse to third-party victims of road accidents. Therefore, there should be no room for misinterpretation when it comes to legislation in this area. This dissertation attempts to highlight the main lines of thought taken throughout the past few decades by the Maltese courts in order to ascertain the root of the issue at heart. Recourse will also be sought from legislation and cases from the United Kingdom which have also tackled and resolved this matter. The two jurisdictions will be compared and contrasted, while suggesting how the legislator could end such conflicts emanating from the interpretations given by our judges.