MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS) ORDINANCE (third-partyrisks)

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

CHAPTER 104

MOTOR VEHICLES INSURANCE

(THIRD-PARTY RISKS) ORDINANCE

To make provision against third-party risks arising out of the use of

motor vehicles.

1st August, 1947

ORDINANCE XXXVI of 1939, as amended by Ordinances: XVI of 1940

and X of 1947; Emergency Ordinance VI of 1958; Ordinances: XXII and

XXV of 1962; Legal Notice 4 of 1963; Act XIII of 1968; Legal Notice 148

of 1975; Acts: XLIX of 1981, XIII of 1983, III of 1985, XLI of 1986, VII and

VIII of 1990; Legal Notice 163 of 1990; Acts III of 1998, XXIII of 2000,

XXX of 2002 and IX of 2004; Legal Notices 181 of 2006, 409 of 2007 and

167 of 2008; and Act XV of 2009.

The short title of this Ordinance is the Motor Vehicles

Insurance (Third-Party Risks) Ordinance.

In this Ordinance, unless the context otherwise requires,

the following expressions shall have the meanings in this article

respectively assigned to them

"authorized insurer" means an undertaking which has received its

official authorisation in Malta for the taking-up of business of

direct insurance and which conducts the business of compulsory

third party liability insurance in respect of the use of motor

vehicles;

"designated State" means a State listed as such by regulations

made by the Minister responsible for transport;

"driver", where a separate person acts as steersman of a motor

vehicle, includes that person as well as any other person engaged in

the driving of the vehicle, and the expression "drive" shall be

construed accordingly;

"establishment" in relation to an insurance undertaking means

the head office, an agency or branch and includes any permanent

presence of an undertaking in the territory of Malta or a designated

State, even if that presence does not take the form of a branch or

agency, but consists of an office managed by the undertaking’s own

staff or by an independent person who has authority to act for and

on behalf of the undertaking;

"foreign bureau" means a central organization set up by motor

insurers in any country outside Malta for the purpose of giving

effect to international arrangements for the insurance of motorists

against third-party risks, and with which the local bureau has

entered into such an arrangement;

"green card system" means the international third party motor

insurance system based on the Uniform Agreement between

bureaux and the Multilateral Guarantee Agreement and such other

agreement which may come into force from time to time;

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"injured party" means any person entitled to compensation in

respect of any loss or injury caused by a motor vehicle;

"insurance undertaking" means an undertaking which has

received its official authorisation for the taking-up of business of

direct insurance in Malta or in the territory of a designated State

and which conducts the business of compulsory third party liability

insurance in respect of the use of motor vehicles;

"international certificate of insurance" means a duly completed

international certificate of insurance (known as a "Green Card")

issued on behalf of a foreign bureau or the local bureau in the form

set out in the recommendation dated June 1952 made by the Sub-

Committee on Road Transport of the Inland Transport Committee

of the Economic Commission for Europe, as from time to time

amended;

"local bureau" means the central organization set up by motor

insurers in Malta for the purpose of giving effect to international

arrangements for the insurance of motorists against third-party

risks, and which is recognised for the purposes of this Ordinance by

the Minister responsible for transport;

"Malta" has the same meaning as is assigned to it in article 124

of the Constitution;

" M a l t a ’s i n t e r n a t i o n a l c o m m i t m e n t s " m e a n s M a l t a ’s

commitments, responsibilities and obligations arising out of

m e m b e r s h i p o f o r a ff i l i a t i o n t o o r r e l a t i o n s h i p w i t h a n y

international global or regional organisation or grouping of

countries or out of any treaty, convention or other international

agreement however called, whether bilateral or multilateral, to

which Malta is a party;

"motor vehicle" means any vehicle intended for travel on land

and propelled by mechanical power, but not running on rails, and

any trailer, whether or not coupled;

"Multilateral Guarantee Agreement" means the Multilateral

Guarantee Agreement between national insurers’ bureaux of 15

March 1991, as from time to time amended, supplemented or

replaced;

"owner", in relation to a vehicle which is the subject of a hiring

agreement or a hire-purchase agreement, means the person in

possession of the vehicle under that agreement;

"policy of insurance" means a policy of insurance or a covering

note which is issued by an authorised insurer and includes an

international certificate of insurance;

"prescribed" means prescribed by regulations;

"Protection and Compensation Fund" means the Protection and

Compensation Fund established under article 49 of the Insurance

Business Act;

"Authority for Transport in Malta" means the Authority for

Transport in Malta established under the Authority for Transport in

Malta Act;

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"public transport vehicle" has the same meaning given to it in

article 2 of the Authority for Transport in Malta Act;

"road" means any street, road, lane, square, fortification or other

place of public thoroughfare;

"territory in which the motor vehicle is normally based" means -

(i)

the territory of the State of which the motor vehicle

bears the registration plate, irrespective of whether the

plate is permanent or temporary; or

(ii) in cases where no registration is required for a type of

motor vehicle but the vehicle bears an insurance plate,

or a distinguishing sign analogous to the registration

plate, the territory of the State in which the insurance

plate or the sign is issued; or

(iii) in cases where neither registration plate nor insurance

plate nor distinguishing sign is required for certain

types of motor vehicle, the territory of the State in

which the person who has custody of the vehicle is

permanently resident;

(iv) in cases where the vehicle does not bear any

registration plate or bears a registration plate which

does not correspond or no longer corresponds to the

vehicle and has been involved in an accident, the

territory of the State in which the accident took place,

for the purposes of settling the claim pursuant to

articles 4 and 9D;

and "motor vehicle which is normally based in Malta" shall be

interpreted accordingly;

"third country" means a State other than Malta and which is not a

designated State.

(1) Subject to the provisions of this Ordinance, it shall not

be lawful for any person to use or to cause or permit any other

person to use a motor vehicle on a road unless there is in force in

relation to the user of the vehicle by that person or that other

person, as the case may be, such a policy of insurance in respect of

third-party risks as complies with the requirements of this

Ordinance.

(1A) It shall be presumed that there was not a policy of insurance

in force in terms of subarticle (1), unless the person charged with

an offence under subarticle (1) shall show the contrary through the

production of a certificate of insurance issued under article 4(4).

(1B) It shall be a valid defence, in prosecution for an offence

under subarticle (1), for the defendant to prove that the offence was

committed without his knowledge and that he exercised all due

diligence to prevent the commission of the offence.

(2) If a person acts in contravention of this article he shall, on

conviction, be liable -

(a) in the case of a first offence, to a fine (multa) of not

less than two thousand and three hundred and twenty-

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

nine euro and thirty-seven cents (€2,329.37) but not

exceeding four thousand and six hundred and fifty-

eight euro and seventy-five cents (€4,658.75) or to

imprisonment for a term not exceeding three months,

or to both such fine and imprisonment;

(b) in the case of a second offence, to a fine (multa) of not

less than four thousand and six hundred and fifty-eight

euro and seventy-five cents (€4,658.75) but not

exceeding five thousand and eight hundred and

twenty-three euro and forty-three cents (€5,823.43) or

to imprisonment for a term not exceeding six months,

or to both such fine and imprisonment;

(c) in the case of a third or subsequent offence, to a fine

(multa) of not less than five thousand and eight

hundred and twenty-three euro and forty-three cents

(€5,823.43) but not exceeding six thousand and nine

hundred and eighty-eight euro and twelve cents

(€6,988.12) or to imprisonment for a term not

exceeding one year, or to both such fine and

imprisonment, and

(i) where the offence consists in the use of a motor

vehicle on a road by a person who is the owner

of the motor vehicle or an employee of, or a

member of the family of and living with, the

owner of the motor vehicle, when there is not in

force a policy of insurance in respect of such

vehicle as complies with the requirements of this

Ordinance, the court shall, in addition to the

punishments laid down in this sub-paragraph,

order the forfeiture of the motor vehicle;

(ii) where the offence, as aforesaid, is committed by

any other person, the court shall, in addition to

the punishments laid down in this sub-

paragraph, impose a further fine (multa)

equivalent to the value of the motor vehicle.

(2A) A person convicted of an offence under this article shall

(unless the court for special reasons thinks fit to order otherwise

and without prejudice to the power of the court to order a longer

period of disqualification) be disqualified from holding or

obtaining a driving licence for a period of twelve months from the

date of the conviction

Provided that if the execution of the judgment ordering the

conviction is stayed in view of the declared intention of the person

convicted to enter an appeal against such judgment, the period of

disqualification shall commence to run -

(a) if it is confirmed or reduced by the judgment of the

Court of Criminal Appeal, from the date of such

judgment;

(b) if an application of appeal is not filed within the time

established by law, from the day next following the

day on which such time expires;

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(c) if the appeal is withdrawn by note, from the day when

such note is filed in the court or, if the appeal is

otherwise abandoned after the filing of the application

of appeal, from such day as the Court of Criminal

Appeal shall, on application of the Commissioner of

Police or of the Authority for Transport in Malta,

establish.

(2B) The provisions of article 21 of the Criminal Code and of

the Probation Act, shall not apply in respect of any offence against

the provisions of this article.

(3) Notwithstanding any enactment prescribing a time within

which proceedings may be brought before any court, proceedings

for an offence under this article may be brought -

(a) within a period of six months from the date of the

commission of the alleged offence; or

(b) within a period which exceeds neither three months

from the date on which it came to the knowledge of the

prosecution that the offence had been committed nor

one year from the date of the offence,

whichever period is the longer.

(4)

This article shall not apply -

(a) to any motor vehicle owned by the Government of

Malta when such vehicle is used and employed

exclusively in the service of the Government of Malta;

(b) to any specified class of motor vehicles to which or to

certain natural or legal persons, whether public or

private, to whom the Minister responsible for transport

shall by regulation direct that this article shall not

apply

Provided that any loss or injury caused in Malta or in the

territory of a designated State by a motor vehicle belonging to a

natural or legal person, whether public or private, in respect of

whom a derogation is provided under this Ordinance from the

application of subarticle (1), shall be compensated according to

criteria and procedures to be prescribed by regulations by the

Minister responsible for Transport made under this article.

(1) In order to comply with the requirements of this

Ordinance, a policy of insurance in respect of the use of a motor

vehicle which is normally based in Malta or in the territory of a

designated State must, in addition to being a policy of insurance

defined in article 2, cover

(a) any civil liability up to such liability, if any, as the

Minister responsible for transport with the

concurrence of the Minister responsible for finance

may from time to time prescribe by regulations under

this article, which may be incurred in respect of the

death of or bodily injury to any person, including all

passengers (other than the driver), or damage to any

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

property, caused by the motor vehicle in Malta; and

(b) any loss or injury up to such liability, if any, as the

Minister responsible for transport with the

concurrence of the Minister responsible for finance

may from time to time prescribe by regulations under

this article, caused by the motor vehicle in the territory

of a designated State, according to the law in force in

that designated State; and

(c) any loss or injury up to such liability, if any, as the

Minister responsible for transport with the

concurrence of the Minister responsible for finance

may from time to time prescribe by regulations under

this article, caused by the motor vehicle which is

suffered by a Maltese national or a national of a

designated State during a direct journey between Malta

and the territory of a designated State or between the

territories of two designated States, if there is no

foreign bureau responsible for the territory which is

being crossed

Provided that such a policy of insurance shall not

be required to cover

(i) liability for such damage to third party property

as may be prescribed by regulations made by the

Minister responsible for Transport under this

article; or

(ii) liability for damage to goods carried for hire or

reward in or on the vehicle or in or on any trailer

(whether or not coupled) drawn by the vehicle;

or

(iii) any liability for damage to third-party property

on or in the insured motor vehicle or in the

possession of the person insured; or

(iv) any contractual liability.

(1A) A policy of insurance in respect of the use of a motor

vehicle which is normally based in Malta or in the territory of a

designated State shall cover, on the basis of a single premium and

during the whole term of the contract, the entire territory of Malta

and all designated States, including for any period in which the

vehicle remains in other designated States during the term of the

contract, and guarantee, on the basis of the same single premium

(a) in Malta, the cover required under this Ordinance; and

(b) in each designated State, the cover required by the law

of that State or the cover required by the law of the

State in the territory of which the vehicle is normally

based if that cover is higher.

(1B) Where any payment is to be effected by an authorized

insurer under a policy issued under this Ordinance, the authorized

insurer shall not demand the payment of any excess as a condition

to effect payment to the injured party and an authorized insurer

shall not deduct any amounts to the injured party in the event that

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

an excess is not paid when effecting payment to the injured party.

(2) Where any payment is made by an authorized insurer under

a policy issued under this Ordinance, in respect of the death of or

bodily injury to any person arising out of the use of a motor vehicle

on a road, and the person who has so died or been bodily injured

has to the knowledge of the authorized insurer received treatment

in a hospital in respect of the fatal or other bodily injury so arising,

there shall also be paid by the authorized insurer to such hospital

the expenses reasonably incurred by the hospital in affording such

treatment, to an amount not exceeding fifty-eight euro and twenty-

three cents (58.23) for each person so treated.

For the purposes of this subarticle the expression "hospital"

means an institution which provides medical or surgical treatment

for in-patients.

(3) A person issuing a policy of insurance under this article

shall be liable to indemnify the persons or classes of persons

specified in the policy in respect of any liability which the policy

purports to cover in the case of those persons or classes of persons.

(4) A policy of insurance shall be of no effect for the purposes

of this Ordinance unless and until there is issued by the authorised

insurer in favour of the person by whom the policy is effected a

certificate (hereinafter referred to as a "certificate of insurance") in

the prescribed form; and where the policy of insurance consists of

an international certificate of insurance, such international

certificate shall, for all purposes of this Ordinance except where the

context otherwise requires, be the certificate of insurance required

to be issued under this subarticle.

(1) A motor vehicle which is normally based in the

territory of a third country shall, before entering Malta, be provided

with an international certificate of insurance or with such other

certificate as may be prescribed by the Minister responsible for

Transport under this article, establishing that the motor vehicle is

insured in accordance with article 4(1) and (1A)

Provided that this subarticle shall not apply to such types of

motor vehicles which are normally based in the territory of a third

country to which the Minister responsible for Transport shall by

regulation direct that this subarticle shall not apply.

(2) If a designated State has provided for a derogation in

respect of a type of motor vehicles or certain motor vehicles having

a special plate from the obligation of insurance cover against civil

liability in respect of the use of motor vehicles which are normally

based in the territory of that State, the person having custody of

such a motor vehicle may be required to produce, at the time of

entry into Malta of the motor vehicle, a valid international

certificate of insurance or to conclude an insurance contract

complying with the requirements of this Ordinance.

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(1) Any condition in a policy issued for the purposes of

this Ordinance, providing that no liability shall arise under the

policy, or that any liability so arising shall cease, in the event of

some specified thing being done or omitted to be done after the

happening of the event giving rise to a claim under the policy, shall

be of no effect in connection with such claims as are mentioned in

article 4(1)

Provided that nothing in this article shall be taken to render

void any provision in a policy requiring the person insured to repay

to the authorized insurer any sums which the latter may have

become liable to pay under the policy and which have been applied

to the satisfaction of the claims of third parties.

(2) Any condition in a policy issued for the purposes of this

Ordinance, providing that no liability shall arise under the policy,

or that any liability so arising shall cease, in respect of any damage

or injury suffered by a passenger in a vehicle in the event that such

passenger knew or should have known that the driver of the vehicle

was under the influence of alcohol or of any other intoxicating

agent at the time of an accident, shall be of no effect in connection

with claims by such passenger.

A person applying for a licence or for the renewal of a

licence in respect of a motor vehicle shall produce such evidence as

may be prescribed that either -

(a) on the date when the licence comes into operation

there will be in force the necessary policy of insurance

in relation to the user of the vehicle by the applicant or

by other persons on his order or with his permission;

or

(b) the vehicle is a vehicle to which article 3(4) applies.

(1) Random checks for the purposes of establishing only

whether a vehicle is covered by insurance against civil liability

cannot be performed in respect of vehicles normally based in the

territory of a designated State or in respect of vehicles normally

based in the territory of a third State entering Malta from the

territory of another designated State

Provided that non-systematic checks on policies of

insurance may be carried out provided such checks are not

discriminatory and are carried out as part of a control which is not

aimed exclusively at insurance verification.

(2) The Minister responsible for transport may provide, by way

of regulations under this article, for the making of random checks

on the insured status of motor vehicles which are normally based in

the territory of a third country entering Malta.

(1) Notwithstanding any provision of any other law to the

contrary, any policy holder may request, at any time, the insurance

undertaking to provide a statement relating to the third party

liability claims involving the vehicle or vehicles covered by the

insurance contract at least during the preceding five years, or to the

absence of such claims.

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

(2) When such a request is made to the insurance undertaking,

the insurance undertaking shall provide the statement to the insured

persons within fifteen days of the request.

(1) Any person driving a motor vehicle on a road shall, on

being so required by any member of the Police Force, give his

name and address and the name and address of the owner of the

motor vehicle and produce his certificate, and if he fails so to do he

shall be guilty of an offence

Provided that, if the driver of a motor vehicle within two

days after the date on which the production of his certificate was so

required, produces the certificate in person to the Commissioner of

Police, he shall not be convicted under this subarticle of the offence

of failing to produce his certificate.

(2) If in any case where, owing to the presence of a motor

vehicle on a road, an accident occurs involving personal injury to

another person or damage to any vehicle, animal or other property,

the driver of the vehicle does not at the time produce his certificate

to a member of the Police Force or to some person who, having

reasonable grounds for so doing, has required its production, the

driver shall, as soon as possible, and in any case within twenty-four

hours of the occurrence of the accident, report the accident at a

Police Station and there produce his certificate, and if he fails so to

do he shall be guilty of an offence

Provided that a person shall not be convicted under this

subarticle of the offence of failing to produce his certificate if,

within two days after the occurrence of the accident, he produces

the certificate in person to the Commissioner of Police.

(3) It shall be the duty of the owner of a motor vehicle to give

such information as he may be required by or on behalf of any

Police officer not below the rank of sub-inspector to give, as to the

identity of the driver of a motor vehicle on any occasion when the

driver was required under subarticle (1) to produce his certificate,

and if the owner fails to do so he shall be guilty of an offence.

(4) In this article the expression "produce his certificate"

means produce for examination the relevant certificate of insurance

or such other evidence that the motor vehicle is not or was not

being driven in contravention of article 3, as may be prescribed.

Any person required under the provisions of this Ordinance

to produce to any Police officer a certificate of insurance issued to

him under article 4(4) shall, on being so required, produce to such

Police officer the policy of assurance to which such certificate

relates, and if he fails so to do he shall be guilty of an offence

Provided that if any such person within two days after the

date on which the production of his policy of insurance was so

required produces the policy in person to the Commissioner of

Police he shall not be convicted of the offence of failing to produce

his policy.

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

(1) An injured party resident in Malta or a designated

State and entitled to compensation in respect of any loss or injury

resulting from an accident caused by the use of a motor vehicle

which is insured by an authorized insurer and normally based in

Malta or the territory of a designated State, shall have a direct right

of action against the authorized insurer in Malta, if

(a) the accident occurred in Malta or a designated State; or

(b) the accident occurred in a third country whose foreign

bureau has joined the green card system.

(2) An injured party resident in Malta and entitled to

compensation in respect of any loss or injury resulting from an

accident caused by the use of a motor vehicle which is insured and

normally based in the territory of a designated State, shall have a

direct right of action against the insurance undertaking issuing the

policy of insurance and shall be entitled to exercise his direct right

of action against the insurance undertaking’s claims representative

in Malta, if

(a) the accident occurred in a designated State; or

(b) the accident occurred in a third country whose foreign

bureau has joined the green card system.

(1) An authorized insurer shall appoint a claims

representative in every designated State, which claims

representative shall handle and settle claims arising from an

accident in the cases referred to in article 9A(1)

Provided that the accident from which the claim arises is

caused by the use of a motor vehicle which is insured through an

establishment in Malta or a designated State and is normally based

in Malta or the territory of a designated State, and that the injured

party is not resident in Malta or in the establishment’s State or in

the State where the vehicle is normally based.

(2) An authorized insurer shall choose its claims representative

at its own discretion

Provided that the claims representative shall

(i)

be resident or established in the designated State

where he is appointed; and

(ii) be capable of dealing with cases in the official

language or languages of the designated State of

residence of the injured party.

(3) The claims representative shall, in relation to the claims

referred to in subarticle (1), collect all information necessary in

connection with the settlement of the claims and shall take the

measures necessary to negotiate a settlement of claims.

(4) The authorized insurer shall take all necessary measures to

vest the claims representative with sufficient powers to represent

the authorized insurer in relation to injured parties in the cases

referred to in subarticle (1) and to meet their claims in full.

(5) The requirement of appointing a claims representative shall

not preclude the right of the injured party or his insurance

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undertaking to institute proceedings directly against the person who

caused the accident or the authorized insurer.

(6) When the injured party presents his claim for compensation

either directly to the authorized insurer of the person who caused

the accident or to its claims representative

(a) in cases where liability is not contested and the

damages have been quantified, the authorized insurer

of the person who caused the accident or his claims

representative is required to make a reasoned offer of

compensation; or

(b) in cases where liability is denied or has not been

clearly determined or the damages have not been fully

quantified, the authorized insurer to whom the claim

for compensation has been addressed or his claims

representative is required to provide a reasoned reply

to the points made in the claim,

in either case within three months of the date when the injured

party presented his claim.

(7) If no offer or reply such as referred to in subarticle (6) is

made within the three-month time limit, the authorized insurer of

the person who caused the accident shall be liable to a penalty not

exceeding eleven thousand and six hundred and forty-six euro and

eighty-seven cents (11,646.87), payable to the Protection and

Compensation Fund, as may be prescribed, such penalty to be

receivable as a civil debt by the said fund. If an offer such as is

referred to in subarticle (6)(a) is not made within the three-month

time limit, interest shall be payable by the authorized insurer on the

amount of compensation offered or awarded by the Court to the

injured party: provided that, if interest is due it shall commence to

run from the date that the claim is presented by the injured party,

until the date compensation is received by the injured party

concerned, and in any case the insurer shall be liable to pay interest

on the difference in the amount between the offer of compensation

made under subarticle (6) and the amount actually received by the

injured party.

(8) The aforementioned provisions are not intended to, or do

not restrict any rights which the injured party, or its authorized

insurer or insurance undertaking as the case may be, may have or

which would enable such persons to begin legal proceedings

against the person causing the accident or that person’s authorized

insurer or insurance undertaking as the case may be.

(9) The appointment of a claims representative shall not in

itself constitute the opening of a branch within the meaning of

paragraph (b) of Article 1 of Directive 92/49/EEC and the claims

representative shall not be considered an establishment within the

meaning of paragraph (c) of Article 2 of Directive 88/357/EEC or

an establishment within the meaning of Regulation (EC) No. 44/

2001. CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

(1) There shall be established or approved by the Minister

responsible for Transport, a compensation body which shall

compensate injured parties resident in Malta in accordance with

this article, in the cases referred to in article 9A(2), if the accident

from which the claim arises is caused by the use of a motor vehicle

which is insured through an establishment in a designated State,

and is normally based in the territory of a designated State.

(2) An injured party resident in Malta may present a claim to

the compensation body

(a) if, within three months of the date when the injured

party presented his claim for compensation to the

insurance undertaking issuing the policy of insurance

in respect of the use of the motor vehicle which caused

the accident or its claims representative, the insurance

undertaking or its claims representative has not

provided a reasoned reply to the points made in the

claim; or

(b) if the insurance undertaking issuing the policy of

insurance in respect of the use of the motor vehicle

which caused the accident has failed to appoint a

claims representative in Malta. Provided that, an

injured party may not present a claim to the

compensation body if he has presented a claim for

compensation directly to the insurance undertaking

and if he has received a reasoned reply within three

months of presenting the claim

Provided that an injured party may not present a

claim to the compensation body if he has taken legal

action directly against the insurance undertaking.

(3) The compensation body shall take such action as may be

prescribed by regulations made by the Minister responsible for

Transport under this article, within two months of the date when the

injured party presents a claim for compensation to it but shall

terminate its action if the insurance undertaking, or its claims

representative, subsequently makes a reasoned reply to the claim.

(4)

The compensation body shall immediately inform

(a) the insurance undertaking of the motor vehicle the use

of which caused the accident or its claims

representative;

(b) the compensation body in the designated State of the

insurance undertaking’s establishment which issued

the policy;

(c) if known, the person who caused the accident, that it

has received a claim from the injured party and that it

will respond to that claim within two months of the

presentation of that claim.

(5) The payment of compensation shall be subject to such

limitations and restrictions as may be prescribed by regulation

made under subarticle (3). The compensation body shall not make

the payment of compensation conditional on the injured party's

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establishing in any way that the person liable is unable or refuses to

pay.

(6) If the compensation body compensates the injured party and

has claimed reimbursement of the sum paid by way of

compensation from the compensation body in the designated State

of the insurance undertaking’s establishment which issued the

policy of insurance, the latter body shall be subrogated to the

injured party in his rights against the person who caused the

accident or his insurance undertaking in so far as the compensation

body in Malta has provided compensation for the loss or injury

suffered.

(7) If an authorized insurer in Malta issued the policy of

insurance in respect of the use of the motor vehicle which caused

the accident in the cases referred to in article 9B(1), the

compensation body in the injured party’s designated State of

residence which has compensated such injured party shall be

entitled to claim reimbursement of the sum paid by way of

compensation from the compensation body in Malta, in which case

the latter body shall be subrogated to the injured party in his rights

against the person who caused the accident or his authorized

insurer in so far as the compensation body in the injured party’s

designated State of residence has provided compensation for the

loss or injury suffered.

(1) If the death of or bodily injury to any person or the

damage to any property, is caused by an unidentified motor vehicle

or a motor vehicle for which the insurance obligation provided for

in article 4(1) has not been satisfied, the injured party shall have

the right to apply directly to the Protection and Compensation

Fund. The Protection and Compensation Fund shall give the injured

party a reasoned reply regarding the payment of compensation, on

the basis of information provided by the injured party at the

Protection and Compensation Fund’s request.

(2) The payment of compensation shall be subject to such

conditions, limitations and restrictions as may be prescribed by

regulations made under article 49(b) of the Insurance Business Act.

The Protection and Compensation Fund shall not make the payment

of compensation conditional on the injured party’s establishing in

any way that the person liable is unable or refuses to pay.

(3) In the event of a dispute between the Protection and

Compensation Fund and the authorized insurer or insurance

undertaking which issued the policy of insurance, as to who of

them is ultimately liable to pay compensation, the latter shall be

responsible in the first instance for paying compensation to the

injured party without delay. If it is ultimately decided that the other

party should have paid all or part of the compensation, that other

party shall reimburse accordingly the party which has paid.

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

(1) An injured party resident in Malta may apply for

compensation from the compensation body referred to in article

9C(1) if it is impossible to identify the the motor vehicle which

caused the accident or if, within two the insurance months

following the accident, it is impossible to identify the insurance

undertaking

Provided that the accident

(i)

occurred in a designated State by the use of a

motor vehicle insured and normally based in

Malta or a designated State; or

(ii) occurred in a third country whose foreign bureau

has joined the green card system by the use of a

motor vehicle insured and normally based in

Malta or a designated State; or

(iii) was caused by a motor vehicle covered by article

5. (2) The compensation body shall provide the compensation in

accordance with the provisions of article 4(1) and article 9D.

(3) A body in a designated State equivalent to the

compensation body in Malta as referred to in article 9C(1), which

has compensated an injured party resident in that State, under

conditions equivalent to those in article 9C(7), shall be entitled to

claim reimbursement against the Protection and Compensation

Fund

(a) where the insurance undertaking cannot be identified

and the motor vehicle is normally based in Malta;

(b) where the motor vehicle cannot be identified and the

accident took place in Malta;

(c) where the motor vehicle is normally based in the

territory of a third country and the accident took place

in Malta.

(1) The Minister responsible for transport shall provide,

by way of regulations under this article, for the setting up of a

central repositary to collect all information in electronic form to

facilitate the availability in due time to the injured parties, their

insurers or their legal respresentatives of the basic data necessary

for the settlement of claims.

(2) The information mentioned in subarticle (1) shall be

collected and made available to the injured party, their insurers or

their legal representatives notwithstanding the provisions of the

Data Protection Act.

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

(1) If, after a certificate of insurance has been issued

under article 4(4) to the person by whom a policy has been

effected, judgment in respect of any such liability as is required to

be covered by a policy under article 4(1) (being a liability covered

by the terms of the policy) is obtained against any person insured

by the policy, then, notwithstanding that the authorized insurer may

be entitled to avoid or cancel, or may have avoided or cancelled the

policy, the authorized insurer shall, subject to the provisions of this

article, pay to the persons entitled to the benefit of the judgment

any sum payable thereunder in respect of the liability, including

any amount payable in respect of costs and any sum payable in

respect of interest on that sum and that sentence shall two days

after it is notified on the insurer by judicial act constitute an

executive act against the insured for all purposes of the Code of

Organization and Civil Procedure, and may be enforced against

him.

(2) No sum shall be payable by an authorized insurer under the

foregoing provisions of this article -

(a) in respect of any judgment, unless before or within

seven days after the conclusion of the evidence of the

plaintiff in the proceedings in which the judgment was

given, the authorized insurer had notice of the bringing

of the proceedings by means of a judicial act; or

(b) in respect of any judgment, so long as execution

thereon is stayed pending an appeal; or

(c) in connection with any liability, if before the

happening of the event which was the cause of the

death or bodily injury or damage to property giving

rise to the liability, the policy was cancelled by mutual

consent or by virtue of any provision contained

therein, and -

(i) either before the happening of the said event the

certificate was surrendered to the authorized

insurer, or the person to whom the certificate

was issued, made and delivered to the authorized

insurer a sworn declaration stating that the

certificate had been lost or destroyed, or

(ii) after the happening of the said event, but before

the expiration of a period of fourteen days from

the taking effect of the cancellation of the

policy, the certificate was surrendered to the

authorized insurer or the person to whom the

certificate was issued, made and delivered such

sworn declaration as aforesaid, or

(iii) before the happening of the said event, the

authorized insurer has filed a judicial letter

against the person to whom the certificate was

issued, made or delivered, in respect of the

failure to surrender such certificate, and such

letter was notified in writing to such person at

least two working days before the happening of

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

such event; or

(iv)

after the happening of the said event, but before

the expiration of a period of fourteen days from

the taking effect of the cancellation of the

policy, the authorized insurer has commenced

proceedings under this Ordinance in respect of

the failure to surrender such certificate.

(3) No sum shall be payable by an authorized insurer under the

foregoing provisions of this article, if, in an action commenced

before, or within three months after, the commencement of the

proceedings in which the judgment was given, he has obtained a

declaration that, apart from any provision contained in the policy,

he is entitled to avoid it on the ground that it was obtained by the

non-disclosure of a material fact or by a representation of fact

which was false in some material particular, or, if he has avoided

the policy on that ground, that he was entitled so to do apart from

any provision contained in it

Provided that an authorized insurer who has obtained such a

declaration as aforesaid in an action shall not thereby become

entitled to the benefit of this subarticle as respects any judgment

obtained in proceedings commenced before the commencement of

that action, unless before or within seven days after the

commencement of that action he has given notice thereof by means

of a judicial act to the person who is the plaintiff in the said

proceedings specifying the non-disclosure or false representation

on which he proposes to rely, and any person to whom notice of

such an action is so given shall be entitled, if he thinks fit, to be

made a party thereto.

(4) If the amount which an authorized insurer becomes liable

under this article to pay in respect of a liability of a person insured

by a policy exceeds the amount for which he would, apart from the

provisions of this article, be liable under the policy in respect of

that liability, he shall be entitled to recover the excess from that

person.

(5) In this article, the expression "material" means of such a

nature as to influence the judgment of a prudent insurer in

determining whether he will take the risk, and, if so, at what

premium and on what conditions, and the expression "liability

covered by the terms of the policy" means a liability which is

covered by the policy or which would be so covered but for the fact

that the authorized insurer is entitled to avoid or cancel, or has

avoided or cancelled, the policy.

(6) Proceedings shall be deemed to have been commenced on

the date on which a sworn application is filed in any court having

civil jurisdiction.

(7) In this Ordinance references to a certificate of insurance in

any provision relating to the surrender, or the loss or destruction, of

a certificate of insurance shall, in relation to policies under which

more than one certificate is issued, be construed as references to all

the certificates, and shall, where any copy has been issued of any

certificate, be construed as including a reference to that copy.

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

(8) Any reference in this article to a judgement or a sentence

shall be deemed to include a reference to an arbitral award made

under the Arbitration Act, and one obtained under article 166A of

the Code of Organization and Civil Procedure, and any reference to

an action or to proceedings shall be deemed to include reference to

arbitration proceedings and to the said article 166A under the said

Act.

The person towards whom any liability has been incurred

by an insured person to whom a policy of insurance has been issued

for the purposes of this Ordinance shall have a privilege with

preference over all other creditors on any sum payable to the

insured person by the authorized insurer under the policy.

(1) Where a certificate of insurance has been issued under

article 4(4) to the person by whom a policy has been effected, so

much of the policy as purports to restrict the insurance of the

persons insured thereby by reference to any of the following

matters

(a)

the condition of the person driving the vehicle; or

(b)

the condition of the vehicle; or

(c)

the number of persons that the vehicle carries; or

(d)

the weight or physical characteristics of the goods that

the vehicle carries; or

(e) the times at which or the areas within which the

vehicle is used; or

(f) the horse-power or value of the vehicle; or

(g) the carrying on the vehicle of any particular apparatus;

or

(h) the carrying on the vehicle of any particular means of

identification other than any means of identification

required to be carried by or under any law in force; or

(i) the colour of the vehicles; or

(j) the age of the person driving the vehicle,

shall, as respects such liabilities as are required to be covered by a

policy under article 4(1), be of no effect

Provided that nothing in this subarticle shall require an

authorized insurer to pay any sum in respect of the liability of any

person otherwise than in or towards the discharge of that liability,

and any sum paid by an authorized insurer in or towards the

discharge of any liability of any person which is covered by the

policy by virtue only of this subarticle shall be recoverable by the

authorized insurer from that person.

(2) Any contract for the conveyance of a passenger in a motor

vehicle in which passengers are carried for hire or reward shall, so

far as it purports to negative or to restrict the liability of any person

in respect of any claim which may be made against that person in

respect of the death of, or bodily injury to the passenger while

being carried in or upon, or entering or getting on to, or alighting

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

from the motor vehicle, or purports to impose any conditions with

respect to the enforcement of any such liability, be void.

(3) Any clause contained in the policy of insurance issued in

accordance with article 4(1) which excludes from insurance cover

under the policy the use or driving of motor vehicles by -

(a) persons who do not have express or implied

authorisation thereto; or

(b) persons who do not hold a licence permitting them to

drive the motor vehicle concerned; or

(c) persons who are in breach of the prescribed technical

requirements concerning the condition and safety of

the motor vehicle concerned,

shall be void in respect of claims by third parties

Provided that the clause referred to in paragraph (a) may be

invoked against persons who voluntarily entered the motor vehicle

the use of which caused the damage or injury, if the authorized

insurer can prove that such persons knew the motor vehicle was

stolen or was used without authorisation

(4) Any clause contained in the policy of insurance which

excludes the members of the family of the insured person, driver or

any other person who incurs civil liability, and whose liability is

covered by the policy of insurance as referred to in article 4(1),

from insurance in respect of their personal injuries by virtue of that

relationship shall be void.

(1) Any person against whom a claim is made in respect of

any such liability as is required to be covered by a policy under

article 4(1) shall, on demand by or on behalf of the person making

the claim, state whether or not he was insured in respect of that

liability by any policy having effect for the purposes of this

Ordinance, or would have been so insured if the authorized insurer

had not avoided or cancelled the policy, and, if he was or would

have been so insured, give such particulars with respect to that

policy as were specified in the certificate of insurance issued in

respect thereof under article 4(4).

(2) If, without reasonable excuse, any person fails to comply

with the provisions of this article, or wilfully makes any false

statement in reply to any such demand as aforesaid, he shall be

guilty of an offence.

Where a certificate of insurance has been issued under

article 4(4) to the person by whom a policy has been effected and

the policy is cancelled by mutual consent or by virtue of any

provision in the policy, the person to whom the certificate was

issued shall, within seven days from the taking effect of the

cancellation, surrender the certificate to the authorized insurer or, if

it has been lost or destroyed, make and deliver to the authorized

insurer a sworn declaration to that effect, and if he fails so to do he

shall be guilty of an offence.

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

(1) Where an event occurs in relation to a motor vehicle in

consequence of which an authorized insurer may become liable to

indemnify an injured party, the insured person shall as soon as

practicable after the occurrence of the event and in any case within

two weeks, or where the event did not occur in his presence, within

two weeks after the occurrence of the event first came to his

knowledge, give to the authorized insurer by whom the policy was

issued, notice in writing of the occurrence of the event together

with such particulars of the event as are in his knowledge or may be

procured by him, and are reasonably required by the insurer.

(2) Where an event occurs in relation to a motor vehicle in

consequence of which an authorized insurer may become liable to

indemnify an injured party, the person who was actually using the

motor vehicle when the aforementioned event occurred shall

(a) unless he is himself the insured under the policy, give

to such insured person as soon as practicable after the

occurrence of the event, and in any case within two

weeks, notice of the occurrence of the event together

with full particulars of the event; and

(b) give to the authorised insurer by whom the policy was

issued, as soon as practicable after the occurrence of

the event, and in any case within two weeks, notice in

writing of the occurrence of the event together with

such particulars of the event as are in his knowledge or

may be procured by him, and are reasonably required

by the insurer.

(3) Where an authorized insurer has reasonable grounds to

believe that an event has occurred in relation to a motor vehicle in

consequence of which the insurer may become liable to indemnify

an injured party, then, notwithstanding that the person who is

required to give notice to him of such event under subarticles (1) or

(2) fails to do so, he shall handle such event as a claim made by the

insured under the policy of insurance.

(4) Where a claim is made against an authorized insurer in

respect of any liability as is required to be covered by a policy of

insurance in respect of the use of a motor vehicle under this

Ordinance, it shall be presumed that the insured has agreed to the

payment of the claim, if

(a) the authorized insurer has given written notice, by

registered mail or judicial letter, to the insured or the

person acting on his behalf of his intention to pay the

claim to the injured party, and the amount of such

payment; and

(b) the insured has not, within ten days of receipt of such

notice, given written notice to the authorized insurer of

his objection to such payment.

(5) The authorized insurer shall be entitled to recover the legal

and judicial costs and interest from the insured person, if

(a) the insurer has provided the insured person with

written information in an intelligible form about the

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

consequences of his objection; and

(b) the insured person objected to the claim; and

(c) the insured person is found liable in a final judgment

Provided that the authorized insurer shall only be

entitled to recover the said costs and interest incurred

in the proceedings leading to the final judgment and in

proportion to the insured person’s liability as

established by the final judgment.

(1) Where medical or surgical treatment or examination is

immediately required as a result of bodily injury (including fatal

injury) to any person caused by, or arising out of, the use of a motor

vehicle on a road, and the treatment or examination so required (in

this article referred to as "emergency treatment") is effected by a

licensed medical practitioner, the person who was using the vehicle

at the time of the event out of which the bodily injury arose shall,

on a claim being made in accordance with the provisions of the

next succeeding article, pay to the practitioner or, where emergency

treatment is effected by more than one practitioner, to the

practitioner by whom it is first effected, such fee as may be from

time to time prescribed.

(2) Where emergency treatment is first effected in a hospital

(that is to say, an institution which provides medical or surgical

treatment for in-patients) the provisions of the foregoing subarticle

with respect to the payment of a fee shall, so far as applicable, have

effect with the substitution of references to the hospital for

references to a licensed medical practitioner.

(3) Liability incurred under this article by the person using the

vehicle shall, where the event out of which it arose was caused by

the wrongful act of another person, be treated for the purposes of

any claim to recover damage by reason of that wrongful act, as

damage sustained by the person using the vehicle.

(4) In article 4(1), the reference to liability in respect of death

or bodily injury shall be deemed to include a reference to liability

to make a payment under this article in respect of emergency

treatment required as a result of bodily injury, and the proviso to

that paragraph shall not have effect as respects liability to make a

payment under this article.

(1) The Authority for Transport in Malta shall, if so

requested by a person who alleges that he is entitled to claim a

payment under the last foregoing article, furnish to that person any

information at his disposal as to the identification marks of any

motor vehicle which that person alleges to be a vehicle out of the

use of which the bodily injury arose, and as to the identity and

address of the person who was using the vehicle at the time of the

event out of which it arose.

(2) A claim for a payment under the last foregoing article may

be made at the time when the emergency treatment is effected by

oral request to the person who was using the vehicle, and if not so

made must be made by request in writing served on him within

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

seven days from the day on which the emergency treatment was

effected.

(3) A request in writing must be signed by the claimant or, in

the case of a hospital, by a responsible officer thereof, and must

state the name and address of the claimant, the circumstances in

which the emergency treatment was effected, and that it was first

effected by the claimant, or, in the case of a hospital, in the

hospital.

(4) A request in writing may be served by delivering it to the

person who was using the vehicle, or by sending it in a pre-paid

registered letter addressed to him at his usual or last known

address.

(5) A sum payable under the last foregoing article shall be

recoverable as if it were a civil debt due from the person who was

using the vehicle to the practitioner or the hospital.

(6) A payment made under the last foregoing article to a

practitioner or hospital shall operate as a discharge, to the extent of

the amount paid, of any liability of the person who was using the

vehicle, or of any other person, to pay any sum in respect of the

expenses or remuneration of the practitioner or hospital of or for

effecting the emergency treatment.

(7) A payment under the last foregoing article shall not be

deemed to be a payment by an authorized insurer or owner for the

purposes of article 4(2).

(1) The provisions of article 17(1) shall mutatis mutandis

apply to a request for information by any person who alleges that

he has suffered any damage or personal injury as a result of an

accident as is mentioned in article 8(2) or to such a request by that

person’s insurer.

(2) The person having custody of the vehicle shall without

delay, if so requested by the persons involved in a road traffic

accident, inform such persons of the identity of the insurer covering

the liability arising out of the use of any motor vehicle involved in

the accident.

(3) If an accident is caused in Malta by a motor vehicle which

is normally based in the territory of a designated State, the local

bureau shall obtain information as to the territory in which the

motor vehicle is normally based, and as to its registration mark, if

any; and in so far as is possible, as to the details of the insurance of

the motor vehicle, as they normally appear on the international

certificate of insurance, which are in possession of the person

having custody of the vehicle, to the extent that these details are

required by the designated State in whose territory the vehicle is

normally based. The local bureau shall communicate the said

information to the foreign bureau of the designated State in whose

territory the vehicle is normally based.

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

(1) There shall be approved by the Minister responsible

for transport an information centre for the purposes of facilitating

certain injured parties resident in Malta or a designated State to

seek compensation.

(2)

The information centre shall be responsible for

(a) keeping a register containing the following

information

(i) the registration numbers of motor vehicles

which are normally based in Malta;

(ii) the numbers of the policies of insurance

covering the use of motor vehicles which are

normally based in Malta for the risks other than

carrier’s liability, classified in class 10 of Part I

of the Third Schedule to the Insurance Business

Act, and where the period of validity of the

policy of insurance has expired, also the date of

termination of the insurance cover;

(iii) authorized insurers and insurance undertakings

covering the use of motor vehicles for the risks

other than carrier’s liability, classified in class

10 of Part I of the Third Schedule to the

Insurance Business Act, and claims repres-

entatives appointed by such authorized insurers

and insurance undertakings;

(iv) the list of motor vehicles which, in Malta and in

each designated State, benefit from the

derogation from the requirement for civil

liability insurance cover;

(v) regarding the motor vehicles referred to in

subparagraph (iv)

-

the name of the authority or the body

designated

as

responsible

for

compensating injured parties in cases

where a State has not signed the

Multilateral Guarantee Agreement, if the

motor vehicle benefits from the derogation

in respect of certain natural or legal

persons as referred to in article 3(4)(b);

-

the name of the body covering the motor

vehicle in Malta or in the designated State

where it is normally based if the motor

vehicle benefits from the derogation in

respect of such types of vehicle having a

special plate as are referred to in article

5(2);

(b) for co-ordinating the compilation and dissemination of

that information; and

(c) for assisting entitled persons to be apprised of the

information mentioned in paragraph (a)(i), (ii), (iii),

(iv) and (v).

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

The information under paragraph (a)(i), (ii) and (iii) must

be preserved for a period of seven years after the termination of the

registration of the motor vehicle or the termination of the insurance

contract whichever is the earlier.

(3) Authorized insurers and insurance undertakings referred to

in subarticle (2)(a)(iii) shall notify to the Maltese information

centre and to the information centres of all designated States the

name and address of the claims representative which they have

appointed in Malta and in each of the designated States.

(4) An injured party shall be entitled, for a period of seven

years after the accident, to obtain without delay from the

information centre the following information

(a) the name and address of the relevant authorized

insurer or insurance undertaking; and

(b) the number of the relevant policy of insurance;

(c) the name and address of the relevant authorized

insurer’s

or

insurance

undertaking’s

claims

representative in the State of residence of the injured

party

Provided that the injured party is resident in Malta or the

motor vehicle involved is normally based in Malta or the accident

occurred in Malta.

(5) The information centre shall provide the injured party with

the name and address of the owner or usual driver or the registered

keeper of the motor vehicle if the injured party has a legitimate

interest in obtaining this information. For the purposes of this

subarticle, the information centre shall address itself in particular

(a) to the authorized insurer; or

(b) to the relevant vehicle registration agency.

(6) If the motor vehicle benefits from the derogation in respect

of such natural or legal persons as are referred to in article 3(4)(b),

the information centre shall inform the injured party of the name of

the authority or body designated in accordance with the proviso of

article 3(4)(b) as responsible for compensating injured parties in

cases where a State has not signed the Multilateral Guarantee

Agreement.

(7) If the vehicle benefits from the derogation as is referred to

in article 5(2), the information centre shall inform the injured party

of the name of the body covering the vehicle in the country where it

is normally based.

(8) The processing of personal data resulting from this article

shall be carried out in accordance with the Data Protection Act.

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

(1) If, with intent to deceive, any person -

(a) forges or alters or uses or lends to or allows to be used

by any other person, a certificate of insurance under

this Ordinance; or

(b) makes or has in his possession any document so

closely resembling such a certificate as to be

calculated to deceive,

he shall be guilty of an offence and shall be liable, on conviction, to

imprisonment for a term not exceeding one year or to a fine (multa)

not exceeding two hundred and thirty-two euro and ninety-four

cents (232.94) or to both such imprisonment and fine.

(2) If any person for the purpose of obtaining the grant of any

licence in respect of any motor vehicle or for the purpose of

obtaining the issue of a certificate of insurance under this

Ordinance makes any false statement or withholds any material

information, he shall be liable, on conviction, to imprisonment for a

term not exceeding six months or to a fine (multa) not exceeding

one hundred and sixteen euro and forty-seven cents (116.47) or to

both such imprisonment and fine.

(3) If any person issues a certificate of insurance which is to

his knowledge false in any material particular, he shall be liable, on

conviction, to imprisonment for a term not exceeding six months or

to a fine (multa) not exceeding one hundred and sixteen euro and

forty-seven cents (116.47) or to both such imprisonment and fine.

(4) If any member of the Police Force has reasonable cause to

believe that any certificate of insurance produced to him in

pursuance of the provisions of this Ordinance by the driver of a

motor vehicle is a document in relation to which an offence under

this article has been committed, he may seize the document and,

when any document is seized under this article, the person from

whom it was taken shall, unless the document has been previously

returned to him or he has previously been charged with an offence

under this article, be summoned before the Criminal Court of

Magistrates to account for his possession of the said document, and

the court shall make such order respecting the disposal of the said

document as the justice of the case may require.

(5) In this article the expression "certificate of insurance"

includes any document issued under regulations made by the

Minister responsible for transport in pursuance of his power under

this Ordinance to prescribe documents which may be produced in

lieu of a certificate of insurance.

Whosoever, in order to gain any advantage or benefit for

himself or others, shall, in a document intended for any authorised

insurer, knowingly make a false declaration or statement, or give

false information, concerning the circumstances of any accident

resulting in personal injury or damage to any vehicle, animal or

other property, shall, on conviction be liable to the punishment of

imprisonment for a term not exceeding six months or to a fine

(multa) of not less than one hundred and sixteen euro and forty-

seven cents (116.47) and not exceeding one thousand and one

M O TO R V E H IC L E S INS U R A N CE (TH IRD -PARTY RISK S)

hundred and sixty-four euro and sixty-nine cents (1,164.69) or to

both such imprisonment and fine.

All offences under this Ordinance shall be prosecuted in

accordance with the provisions of the Criminal Code.

If the driver of any motor vehicle who has committed an

offence under this Ordinance or any regulations made thereunder

refuses to give his name and address, or gives a false name or

address, he shall be guilty of an offence under this Ordinance; and

it shall be the duty of the owner of the motor vehicle, if required so

to do, to give any information which it is in his power to give and

which may lead to the identification and apprehension of the driver,

and if he fails to give such information he shall be guilty of an

offence under this Ordinance.

(1) Any person who by any act or omission contravenes or

fails to comply with the provisions of this Ordinance shall, unless a

penalty is otherwise specifically provided, be liable to a fine

(multa) not exceeding forty-six euro and fifty-nine cents (46.59) or

to imprisonment for a term not exceeding three months.

(2) Where a person is, by virtue of any power under this

Ordinance or any regulations made thereunder, required to do or to

abstain from doing any act or thing and makes default in complying

with any such requisition, it shall be lawful for the court on the

conviction of such person, in addition to any other penalty which it

may impose, to order such person to comply with such requisition

and to attach to any such order any condition as to time or mode of

action, or otherwise, which it may think necessary to enforce

compliance therewith.

(3) If a person makes default in complying with any such order

as aforesaid, the court may, in its discretion, order such person to

pay a sum not exceeding two euro and thirty-three cents (2.33) for

every day the default continues or that he be kept in prison until he

complies with the said order

Provided that any such person shall not in respect of such

default be liable to the payment of any sums amounting in the

aggregate to more than forty-six euro and fifty-nine cents (46.59)

or to imprisonment for any periods amounting in the aggregate to

more than two months in addition to any other fine or term of

imprisonment to which he may otherwise be liable.

CAP. 104.] M O TO R V E H ICLES IN SU RAN C E (TH IRD -PARTY RISK S)

(1) The Minister responsible for transport may make

regulations for prescribing anything which may be prescribed under

this Ordinance, and generally for the purpose of carrying this

Ordinance into effect, and in particular, but without prejudice to the

generality of the foregoing provisions, may make regulations -

(a) as to the forms to be used for the purposes of this

Ordinance;

(b) as to applications for and the issue of certificates of

insurance and any other documents which may be

prescribed, and as to the keeping of records of

documents and the furnishing of particulars thereof, or

the giving of information with respect thereto to the

Commissioner of Police or to the Authority for

Transport in Malta, as the case may require;

(c) as to the issue of copies of any of the said certificates

or other documents which are lost or destroyed;

(d) as to the custody, production, cancellation and

surrender of any such certificates or other documents;

(e) with respect to applications for the making of deposits,

the investment thereof or dealing therewith, the

payment and rate of interest on deposit and the

withdrawal thereof;

(f) as to require that a policy of insurance, insure such

person, persons or classes of persons, as may be

specified in the policy, against any liability for moral

damages arising under any other law.

(2) The exercise of the powers conferred by this article shall be

subject to any obligations or restrictions arising from Malta’s

international commitments.

(3) If any person acts in contravention of or fails to comply

with any regulation under this Ordinance he shall, for each offence,

be liable to such maximum penalty not exceeding a fine (multa) of

forty-six euro and fifty-nine cents (46.59) as may be prescribed by

the regulations.

If an injured party’s right to apply for the payment of

compensation to a body with the task to provide compensation for

loss or injury caused by an unidentified or uninsured motor vehicle

in a third country is on the condition of reciprocity, the provisions

of article 9D shall take effect in respect of such third country, its

nationals or residents from a date to be appointed by the Minister

responsible for Transport.

Under subarticle (2) of article 11 read in conjunction with

paragraph (1) of subarticle (1) of article 9 of Council Regulations

(EC) No 44/2001 of 22 December 2000 on jurisdiction and the

recognition and enforcement of judgments in civil and commercial

matters, injured parties may bring legal proceedings against the

civil liability insurance provider in the Member State in which they

are domiciled.