ACT No. XIV of 2017 AN ACT to amend the Traffic Regulation Ordinance, Cap. 65.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

4th April, 2017

ACT No. XIV of 2017

AN ACT to amend the Traffic Regulation Ordinance, Cap. 65.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1) The short title of this Act is the Traffic Regulation

Ordinance (Amendment) Act, 2017, and this Act shall be read and

construed as one with the Traffic Regulation Ordinance, hereinafter

referred to as "the Ordinance".

(2) This Act shall come into force on such date as the Minister

responsible for transport may by order in the Gazette establish and

different dates may be established in respect of different provisions

and purposes of this Act. So however that clause 7 shall come into

force immediately.

Article 15 of the Ordinance shall be amended as follows

Amendment of

article 15 of the

Ordinance.

(a)

in sub-article (1) thereof, for the words "a fine

(multa) not exceeding two hundred and thirty-two euro and

ninety-four cents (232.94) or to imprisonment not exceeding

three months" there shall be substituted the words "a fine

(multa) not exceeding one thousand and two hundred euro

(€1,200) or to imprisonment not exceeding one year";

(b) in sub-article (1A) thereof, for the words "a fine

(multa) not exceeding one thousand and one hundred and sixty-

four euro and sixty-nine cents (1,164.69)" there shall be

substituted the words "a fine (multa) not exceeding one

thousand and two hundred euro (€1,200)"; and

(c)

in sub-article (3) thereof, for the words "the court

shall, at the instance of the prosecution," there shall be

substituted the words "the court shall".

In paragraph (a) of sub-article (2) of article 15B of the Amendment of

Ordinance, for the words "adopted by the Police" there shall be article

the Ordinance.

substituted the words "adopted by the Police or by the local wardens".

Article 15H of the Ordinance shall be amended as follows: Amendment of

article 15H of

the Ordinance.

(a)

in paragraph (a) of sub-article (1) thereof, for the

words "a fine (multa) of not less than one thousand two hundred

euro (€1,200) or to imprisonment not exceeding three months"

there shall be substituted the words "a fine (multa) of not less

than one thousand eight hundred euro (€1,800) or to

imprisonment not exceeding six months";

(b) in paragraph (b) of sub-article (1) thereof, for the words

"a fine (multa) of not less than two thousand and three hundred

and twenty-nine euro and thirty-seven cents (2,329.37) or to

imprisonment not exceeding six months" there shall be

substituted the words "a fine (multa) of not less than three

thousand euro (€3,000) or to imprisonment not exceeding one

year"; and

(c)

immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(3) In addition to the penalties under sub-articles

(1) and (2), the court may also impose a Probation Order

in accordance with article 7 of the Probation Act which

shall include an order whereby the offender shall be

ordered to attend a rehabilitation programme, with

expenses charged upon him, or a Community Service

Order in accordance with article 11 of the Probation

Act.".

In article 15I of the Ordinance, the definition "the

prescribed limit" shall be substituted by the following

" "the prescribed limit” means as the case may require

(a) with regard to driving or attempting to drive all

vehicles except those mentioned in paragraphs (b), (c) or

(d)

(i) 22 microgrammes of alcohol in 100

millilitres of breath; or

(ii) 50 milligrammes of alcohol in 100

millilitres of blood; or

(iii) 67 milligrammes of alcohol in 100

millilitres of urine;

(b) with regard to driving or attempting to drive

commercial vehicles

(i) 9 microgrammes of alcohol in 100

millilitres of breath; or

(ii) 20 milligrammes of alcohol in 100

millilitres of blood; or

(iii) 27 milligrammes of alcohol in 100

millilitres of urine;

(c) with regard to driving or attempting to drive

buses, coaches and other vehicles carrying passengers

for a fee

(i) 0 microgrammes of alcohol in 100

millilitres of breath; or

(ii) 0 milligrammes of alcohol in 100

millilitres of blood; or

(iii) 0 milligrammes of alcohol in 100

millilitres of urine;

(d) with regard to driving or attempting to drive by

persons in possession of a probationary driving licence

(i) 9 microgrammes of alcohol in 100

millilitres of breath; or

(ii) 20 milligrammes of alcohol in 100

millilitres of blood; or

(iii) 27 milligrammes of alcohol in 100

millilitres of urine

Provided that the Minister may, by regulations, change the

prescribed limits.".

Immediately after article 15G of the Ordinance there shall Addition of new

article to the

be added the following new article

Ordinance.

" Breath tests

(1)The provisions of article 15C

conducted by

shall apply mutatis mutandis to local wardens

local wardens.

and the procedures that shall be followed in the

event that a local warden has a reasonable

suspicion as defined in article 15C shall be those

stipulated in this article.

(2) When a person refuses or refrains

from providing a sample of breath to a local

warden as required under this article, that person

shall be guilty of an offence and the provisions

of articles 15E(4) and 15H shall apply to that

person mutatis mutandis.

(3) A person who refuses or fails to

provide a sample of breath to a local warden in

accordance with this article may be forbidden by

the local warden from driving until the Police

arrive and a person who keeps on driving despite

the order given by the local warden not to drive

shall be guilty of an offence as if the order given

by the local warden was given by the Police.

(4) When, as a result of a breath test, a

local warden has a reasonable suspicion that the

proportion of alcohol in the blood of that person

is more than the limit prescribed he shall request

the presence of the Police on site and the person

who has given the sample shall be forbidden by

the local warden from driving and the provisions

of sub-article (3) shall mutatis mutandis apply to

that person.".

7. In sub-article (2) of article 225 of the Criminal Code the

Amendment to

article 225 of

words "from five to ten years" shall be substituted with the words "of

the Criminal

up to ten years".

Code.

Passed by the House of Representatives at Sitting No. 499 of the

27th March, 2017.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.54