ACT No. II of 2026 AN ACT to amend the Traffic Regulation Ordinance, Cap. 65.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

10th March, 2026

ACT No. II of 2026

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

The short title of this Act is the Various Laws relating to the

Prevention of Driving under the influence of Alcohol and Drugs

(Amendment) Act, 2026.

PART I

Amendments to the Traffic Regulation Ordinance

This Part amends the Traffic Regulation Ordinance and

shall be read and construed as one with the Traffic Regulation

Ordinance, hereinafter in this Part referred to as the "principal law".

In article 2 of the principal law in the definition "vehicle"

the words "shall apply." shall be substituted by the words "shall

apply;" and immediately thereafter there shall be added the following

new definition

" "vehicles on priority duties" includes any fire engines,

ambulances, salvage and rescue vehicles, police vehicles, prison

vehicles and other motor vehicles on priority duty as permitted

by the Authority.".

Article 15 of the principal law shall be amended as follows: Amendment of

article 15 of the

principal law.

(a) in paragraph (b) of sub-article (1) thereof

immediately after the words "or other vehicle" there shall be

added the words "or when the motor vehicle or other vehicle is

not licensed";

(b) in sub-article (2) thereof the words "other vehicle in a

reckless" shall be substituted by the words "other vehicle in a

grossly negligent";

(c) immediately after sub-article (4) thereof there shall

be added the following new sub-article

"(5) Any person who makes or produces or permits

to be made or produced any material involving or

indicating any persons to be in breach of the provisions

listed in sub-article (1) or produces, distributes,

disseminates, imports, exports, offers, sells, supplies,

transmits, makes available, procures for oneself or for

another, or indicates that such persons are in breach of the

provisions listed in sub-article (1) shall, on conviction, be

liable to a fine (multa) of one thousand two hundred euro

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

Provided that for the purposes of this article,

the offence shall also be deemed to have been committed

where, irrespective of the declared intention of the person,

the circumstances of the publication are such that they are

reasonably likely to

(a) normalise or diminish the seriousness of

dangerous or excessive driving; or

(b) encourage the

imitation

of

such

behaviour by other persons

Provided further that if the person mentioned in

this sub-article provides sufficient evidence before the

courts for the identification of the person who is in breach

of the provisions in sub-article (1), such person shall, upon

conviction, be liable to a fine (multa) not exceeding two

hundred fifty euro (€250).".

In sub-article (1) of article 15A of the principal law the

words "through drink or drugs" shall be deleted.

Immediately after article 15B of the principal law there

shall be added the following new articles

(1) No person shall drive, attempt to drive

concentration in the or be in control of a motor vehicle or other vehicle on a

road or other public place after consuming any drugs, if

such person still has any amount of such drug in his

body.

(2) An offence under this article shall not be

interpreted as an offence of drug possession.

The Minister responsible for the police

may make regulations which provide for

(a) the procedures to be adopted by the

police in the carrying out of oral fluid drug tests;

(b) the determination of the type of device

to be used for the taking of the oral fluid drug test;

(c) the procedure for the taking of body

fluid specimens;

(d) the determination of the laboratory for

the taking and testing of body fluid specimens;

(e) any other matters relating to police

operations concerning the prevention of driving

under the influence of alcohol or drugs

Provided that the Minister responsible for

the police may, by regulations made under this

Ordinance, add Schedules or amend or repeal the

Schedules annexed to this Ordinance to provide for the

better implementation of this article.".

7. Article 15C of the principal law shall be substituted by the

following new article

(1) Where a Police officer reasonably

suspects that

(a) a person is driving or attempting to

drive or is in control of a motor vehicle or other

vehicle on a road or other public place and has

alcohol in his body or has committed an offence

against the provisions of this Ordinance or against

any regulations made thereunder whilst the motor

vehicle or other vehicle was in motion;

(b) a person has been driving or

attempting to drive or has been in control of a

motor vehicle or other vehicle on the road or other

public place with alcohol in his body and that

such person still has alcohol in his body;

(c) a person has been driving or

attempting to drive or has been in control of a

motor vehicle or other vehicle on the road or other

public place and has committed an offence

against the provisions of this Ordinance or against

any regulations made thereunder whilst the motor

vehicle or other vehicle was in motion; or

(d) a person was driving or was

attempting to drive or was in control of a motor

vehicle or other vehicle on the road or other

public place when the said motor vehicle or other

vehicle was involved in an accident,

he may require such person to provide a specimen of

breath for a breath test.

(2) A Police officer may, without the need for

reasonable suspicion in respect of a particular person,

require any person who was driving or attempting to

drive or was in control of a bus, coach, other vehicles

carrying passengers for a fee, any M2 or M3 motor

vehicle on the road or other public place during road

checks in accordance with the provisions of article 355

of the Criminal Code, to provide a specimen of breath

for alcohol.

(3) A Police officer shall require any person

who was driving or attempting to drive or is in control

of a motor vehicle or other vehicle on the road or other

public place when involved in a serious traffic accident,

to provide a specimen of breath for alcohol.".

8. Immediately after article 15C of the principal law there Addition of new

articles to the

shall be added the following new articles

principal law.

" Specimen of oral

(1) Where a Police officer reasonably

suspects that

(a) a person is driving or attempting to

drive or is in control of a motor vehicle or other

vehicle on the road or other public place and has

drugs in his body or has committed an offence

against the provisions of this Ordinance or against

any regulations made thereunder whilst the motor

vehicle or other vehicle was in motion;

(b) a person has been driving or

attempting to drive or has been in control of a

motor vehicle or other vehicle on the road or other

public place with drugs in his body and that

person still has drugs in his body;

(c) a person has been driving or

attempting to drive or has been in control of a

motor vehicle or other vehicle on the road or other

public place and has committed an offence

against the provisions of this Ordinance or against

any regulations made thereunder whilst the motor

vehicle or other vehicle was in motion; or

(d) a person was driving or was

attempting to drive or was in control of a motor

vehicle or other vehicle on the road or other

public place when the said motor vehicle or other

vehicle was involved in an accident,

he may require such person to provide a specimen of

oral fluid for a drug test.

(2) A Police officer may, without the need for

reasonable suspicion, require any person who was

driving or attempting to drive or is or was in control of

a bus, coach, other vehicles carrying passengers for a

fee, any M2 or M3 motor vehicle on a road or other

public place during road checks in accordance with the

provisions of article 355 of the Criminal Code, to

provide a specimen of oral fluid for a drug test.

(3) A Police officer shall require any person

who was driving or attempting to drive or is in control

of a motor vehicle or other vehicle on the road or other

public place when involved in a serious traffic accident,

to provide a specimen of oral fluid for a drug test.

Notwithstanding the other provisions of this

Ordinance or of any other law, when a Police officer

reasonably considers it necessary, in the interests of

public safety, public order or for the protection of the

rights and freedoms of other persons, he may also

require, even without the need for reasonable suspicion

in a particular person, any person who was driving or

attempting to drive or who is in control of a motor

vehicle or other vehicle on a road or in any other public

place to give a specimen of breath for alcohol or to give a

specimen of oral fluid for a drug test.

For the purposes of articles 15BA, 15CA and

15CB, persons in possession of a valid drug control card

or who are on prescribed medication shall produce such

card or prescription after having tested positive to a drug

test. The possession of such documentation shall not

preclude conducting further tests to ascertain whether the

person concerned has taken any controlled substance in

accordance with the Dangerous Drugs Ordinance, nor

shall it exempt such person from criminal responsibility.

For the purposes of articles 15BA, 15CA and

15CB the permissible level of tetrahydrocannabinol in

the blood shall be of two (2) microgrammes per litre of

blood for persons driving vehicles, except for

commercial vehicles, buses, coaches, other vehicles

carrying passengers for a fee and any M2 or M3 motor

vehicle. In those cases where a person only tests positive

to tetrahydrocannabinol, such person shall be subject to

the applicable punishment prescribed in article 15H

Provided that if a person who is not driving

commercial vehicles, buses, coaches, other vehicles

carrying passengers for a fee and any M2 or M3 motor

vehicles tests positive to tetrahydrocannabinol, he may

be required to submit to further testing, including blood

tests. If the level of tetrahydrocannabinol exceeds the

amount prescribed, such person shall be subject to the

applicable punishment prescribed in article 15H

Provided further that if a person tests positive to

other drug substances or alcohol besides

tetrahydrocannabinol, he shall be subject to the

applicable punishment prescribed in article 15H.".

9. Article 15D of the principal law shall be amended as Amendment of

article 15D of

the principal

law.

(a)

paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) as a result of a breath test or an oral fluid drug

test, the Police officer reasonably suspects that the

proportion of alcohol in that person’s blood exceeds the

prescribed limit, or such person tests positive for drugs;

or";

(b) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) such person fails to provide a specimen of

breath for a breath test, or a specimen of oral fluid for an

oral fluid drug test, when required to do so in pursuance of

the provisions of articles 15C, 15CA or 15CB and, only

provided that such person had been warned that the failure or

refusal to comply with such a request constitutes an

offence.".

10. Article 15E of the principal law shall be amended as

(a)

sub-article (1) thereof shall be amended as follows

(i)

the words "under articles 15A and 15B(1)"

shall be substituted by the words "under articles 15A,

15B(1) and 15BA(1)";

(ii) in paragraph (a) thereof the words "under

articles 15A or 15B(1)" shall be substituted by the words

"under articles 15A, 15B(1) and 15BA(1)";

(iii) in paragraph (b) thereof the words "under

articles 15A or 15B(1)" shall be substituted by the words

"under articles 15A, 15B(1) and 15BA(1)";

(iv) in the proviso to sub-article (1) thereof the

words "of urine." shall be substituted by the words "of

urine; or" and immediately thereafter there shall be added

the following paragraph

"(c) to provide a specimen or specimens of oral

fluid for analysis by means of an approved device, in

accordance with the Drug Driving Testing Regulations,

and the result so obtained shall be admissible as

evidence in any proceedings related to an offence under

articles 15A, 15B(1) and 15BA(1). The results of the

analysis shall be presumed correct unless the contrary is

proved; or

"(d) to provide a specimen or specimens of oral

fluid for confirmatory analysis, which shall take place

at an approved laboratory, according to the Drug

Driving Testing Regulations, and the results of the

analysis shall be admissible as evidence in any

proceedings for an offence under articles 15A, 15B(1)

and 15BA (1). The results of the analysis shall be

presumed correct unless the contrary is proved.";

(b) in sub-article (4) thereof the words "exceeds the

prescribed limit" shall be substituted by the words "exceeds the

prescribed limit or has drugs in his body, or in the case of

tetrahydrocannabinol, exceeds the prescribed limit";

(c) in sub-article (5) thereof the words "the provisions of

articles 15A and 15B" shall be substituted by the words "the

provisions of articles 15A, 15B or 15BA(1)";

(d) immediately after sub-article (5) thereof, as amended,

there shall be added the following new sub-article

" (6) In a prosecution for an offence under articles 15

to 15I it shall be presumed, until the contrary is proved, that

a device provided by a member of the police for the

purpose of enabling a person to provide an oral fluid

specimen is a device for indicating the presence of drugs in

oral fluid.".

11. Article 15F of the principal law shall be amended as Amendment of

article 15F of

the principal

law.

(a) the marginal note thereof shall be substituted by the

following new marginal note

"Choice of specimens of breath, of oral fluid or of

body fluid.";

(b) in sub-article (1) thereof the words "specimen of

breath or body fluid" shall be substituted by the words "specimen

of breath, oral fluid or body fluid,";

(c) in sub-article (2) thereof the words "The Minister

shall" shall be substituted by the words "The Minister

responsible for the police shall".

12. In article 15G of the principal law, the words "specimen of Amendment of

breath, blood or urine" shall be substituted by the words "specimen of article

the principal

breath, blood, oral fluid or urine".

law.

13. Article 15H of the principal law shall be amended as Amendment of

article 15H of

the principal

law.

(a)

sub-article (1) thereof shall be amended as follows

(i) the words "articles 15A and 15B" shall be

substituted by the words "articles 15A, 15B and 15BA(1)";

(ii) in paragraph (a) thereof the words "one thousand

eight hundred euro (€1,800) or to imprisonment not

exceeding six months, or to both such fine and

imprisonment" shall be substituted by the words "four

thousand euro (€4,000)";

(iii) in paragraph (b) thereof the words "three

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

one year, or to both such fine and imprisonment." shall be

substituted by the words "eight thousand euro (€8,000):" and

immediately thereafter there shall be added the following

new proviso

"Provided that for the purposes of this article, the

court shall not award the minimum punishment if a person

has resulted positive to more than one (1) drug, or is under

the influence of both a drug substance and alcohol.";

(b) immediately after sub-article (3) thereof there shall

be added the following new sub-articles

"(4) In addition to the punishments provided for

under sub-articles (1) and (2), and without prejudice to

any other measure or order which the court may impose

by virtue of any other law, the court shall, upon

delivering judgment, order the convicted person to

reimburse the Police the costs incurred in connection

with any drug test within such period and in such amount

as shall be determined in the judgment.

(5) The provisions of sub-articles (2), (3) and (4)

of article 533 of the Criminal Code shall apply, mutatis

mutandis, in favour of the Police, in default of payment

of the costs as determined by the court in accordance

with sub-article (4).".

14. Sub-article (1) of article 15I of the principal law shall be

amended as follows

(a)

the definition "drug" shall be substituted by the

following new definition

" "drug" shall have the same meaning as assigned

to it in article 2 of the Dangerous Drugs Ordinance and

in article 118A of the Medical and Kindred Professions

Ordinance;";

(b) immediately after the definition "drug", as

substituted, there shall be added the following new definitions

" "appropriate consent" shall have the same

meaning as assigned to it in article 350 of the Criminal

Code;

"confirmatory test" means a specimen of an oral

fluid obtained from a person suspected of committing

an offence under this Ordinance or a person referred to

in article 15CA or 15CB, after his preliminary test

produced a positive result for drugs, which specimen is

referred for analysis to an approved laboratory as listed

in the Second Schedule of the Drug Driving Testing

Regulations;

"oral fluid drug test" means a test for the purpose

of determining, by means of a device of a type

approved by the Minister responsible for the police,

whether a person is under the influence of drugs;

"preliminary test" means an oral fluid drug test

carried out at the roadside, by a police officer using an

approved device in accordance with the First Schedule

to the Drug Driving Testing Regulations;

"serious traffic accident" means any accident

which occurred on a road or other public place

involving a motor vehicle or other vehicle as a result of

which any person suffers any bodily harm or from

which the death of a person ensues;";

(c) in paragraph (c) of the definition of "the prescribed

limit" the words "driving or attempting to drive buses, coaches"

shall be substituted by the words "driving or attempting to drive

buses, coaches, vehicles on priority duty".

(d) in the proviso thereof the words "the Minister may"

shall be substituted by the words "the Minister responsible for

the police may";

15. Immediately after article 15J of the principal law, there Addition of new

articles to the

shall be added the following new articles

principal law.

When a person is brought before the court on a

charge under article 225 of the Criminal Code resulting

from driving a motor vehicle the prosecution shall request

the Court of Magistrates to order the suspension of the

accused’s driving licence while the proceedings are

pending. The decree of the Court of Magistrates shall be

immediately enforceable but shall be subject to an appeal

by an application filed within five (5) days before the

Criminal Court and the said decree may be revised and

made subject to such conditions as the Court may from

time to time deem fit.

(1) The procedure established in this article shall

apply in cases where a person referred to in article

15CA(3)

(a) cannot give his consent to a preliminary

test and confirmatory test; or

(b) cannot be subjected to a preliminary test

and confirmatory test.

(2) Any medical practitioner attending a hospitalised

person referred to in sub-article (1), while that person

remains so hospitalised, shall upon the request of a police

officer confirmed by an order of a Magistrate, be required

to take a specimen of that patient’s blood for analysis as

soon as practicable.

(3) If there is no medical practitioner present to attend

the hospitalised person referred to in article 15CA(3), the

blood specimen shall be taken by a healthcare professional

who is attending the patient and who is accredited by a

hospital as competent to perform the sampling procedures.

(4) The taking of a blood specimen from a hospitalised

person referred to in article 15CA(3) shall not be required

in accordance with this article unless, at the time of the

accident concerned, the patient concerned who was

involved in the accident was

(a) driving a motor vehicle involved in the

accident;

(b) occupying the driver’s seat of a motor

vehicle involved in the accident and attempting to

put the motor vehicle in motion; or

(c) the holder of an applicable driver

licence and occupying the seat in the motor vehicle

next to a learner driver who was driving a motor

vehicle involved in the accident.".

PART II

Amendments to the Criminal Code

This Part amends the Criminal Code and shall be read and

construed as one with the Criminal Code, hereinafter in this Part

referred to as the "Code".

Immediately after sub-article (2) of article 225 of the Code

there shall be added the following new sub-article

(3) Where an offence against sub-article (1) or (2) is

committed by reason of the offender having driven a

motor vehicle while under the influence of alcohol or

drugs, a minimum punishment of three (3) years

imprisonment shall apply in every case, and the court

shall not apply the provisions of article 21 of this Code or

the provisions of the Probation Act or the provisions of the

Drug Dependence (Treatment not Imprisonment) Act

Provided that in this article "drug" shall have the

same meaning as assigned to it in article 2 of the

Dangerous Drugs Ordinance and in article 118A of the

Medical and Kindred Professions Ordinance.".

Sub-article (1) of article 226 of the Code shall be amended as Amendment of

article 226 of

the Code.

(a) in paragraph (a) thereof the words "not exceeding four

thousand and six hundred and fifty-eight euro and seventy-five

cents (€4,658.75);" shall be substituted by the words "not

exceeding four thousand and six hundred and fifty-eight euro and

seventy-five cents (€4,658.75)" and immediately thereafter there

shall be added the following new provisos

"Provided that if the harm is grievous and produces

the effects referred to in article 218 and is caused by a

person driving under the influence of drugs or alcohol in

accordance with the Traffic Regulation Ordinance, he shall

be liable to imprisonment for a term not exceeding four (4)

years or to a fine (multa) not exceeding eight thousand euro

(€8,000), or to both such imprisonment and fine

Provided further that for the purposes of article 225

and this article, the court shall not award the minimum

punishment if a person has resulted positive to more than

one (1) drug, or is under the influence of both a drug

substance and alcohol.";

(b) in paragraph (b) thereof the words "not exceeding two

thousand and three hundred and twenty-nine euro and thirty-seven

cents (€2,329.37);" shall be substituted by the words "not

exceeding two thousand and three hundred and twenty-nine euro

and thirty-seven cents (€2,329.37):" and immediately thereafter

there shall be added the following new proviso

"Provided that if the harm is grievous without the

effects referred to in article 218 and is caused by a person

driving under the influence of drugs or alcohol in

accordance with the Traffic Regulation Ordinance, he shall

be liable to imprisonment for a term not exceeding two (2)

years or to a fine (multa) not exceeding five thousand euro

(€5,000), or to both such imprisonment and fine.".

Immediately after article 226C of the Code there shall be

added the following new article

226D. Where a person commits an offence referred to

"Aggravating

circumstances.

in articles 225, 226 or 226A and subsequently

(a) flees from the scene where involuntary

homicide or bodily harm occurred; or

(b) was driving at a speed exceeding the

prescribed speed limit; or

(c) was driving while disqualified, without a

valid driving licence, or without a valid insurance

policy,

the punishment established for such offence shall be

increased by two to three degrees.".

In the second proviso to article 328 of the Code the words "on

oath of the complaint by the complainant." shall be substituted by the

words "on oath of the complaint by the complainant:" and immediately

thereafter there shall be added the following new proviso

"Provided further that in cases where a person commits

an offence as referred to in paragraphs (a), (b) and (c), and in the

case of paragraph (d) only with regard to slight bodily harm, and

subsequently flees from the place where the death of a person or

bodily harm occurred, the punishment established for the offence

shall be increased by two to three degrees.".

Immediately after sub-article (2) of article 355A of the Code

there shall be added the following new sub-article

"(3) When any vehicle is stopped in accordance with the

provisions of this Sub-title and without the requirement of

reasonable suspicion, any person who was driving or attempting to

drive or who is in control of a motor vehicle or other vehicle on a

road or other public place may be required to give a breath sample

for alcohol or to give a sample of oral fluid for a drug test.".

Passed by the House of Representatives at Sitting No. 440 of the

3rd March, 2026.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€1.44