22/10/1960

OF CRIMINAL APPEAL (INFERIOR)

FLORES JOSEPH

THE POLICE vs NO. 23469879 S/SGT. JOHN PENNY

N/A

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N/A

DOMESTIC PRIVATE PERMIT - DRIVING LICENCE - RESIDENCE REG. 14 OF THE TRAFFIC REGULATIONS

According to the Regulations, it is lawful for a person resident outside these Islands, who holds adomestic private licence issued in a country outside these Islands by a country which is a party tothe Convention on Road Traffic Act. 1949, during a period of twelve months from the date of his lastentry into Malta, to drive in these Islands a motor vehicle of any class or description which he isauthorised by that permit to drive, notwithstanding that he is not the holder of a driving licenceunder the Regulations. "Domestic Private Licence", in relation to a country outside these Islands,means a document issued under the laws of that country and authorising the holder to drive motor vehicles, or a specified class or description of motor vehicles, in that country. In that light, "residence" in the above regulations means more than mere presence or sojourn. To consitute "residence"although the term is distinct from "domicile", fixity and choice of abode are material.