TRAFFIC REGULATION ORDINANCE

CHAPTER 65

TRAFFIC REGULATION ORDINANCE

To make provision for the regulation of traffic, and to grant certain

powers to provide public service vehicles, and for other purposes

connected therewith.

31st March, 1931

ORDINANCE X of 1931, as amended by Ordinances: XV of 1931, XXIII

of 1935, XXVI of 1938, LIII of 1939 and XV of 1946; Acts: XXXVII of 1949

and XXVI of 1956; Emergency Ordinance VI of 1958; Ordinance XXV of

1962; Legal Notices: 4 of 1963 and 46 of 1965; Acts: XVI of 1969, II of

1972, XVII and XXXIV of 1974, and XLI of 1975; Legal Notice 148 of

1975; and Acts: XLI of 1976, XXXV and XL of 1977, XXVII of 1980, XV of

1981, VI of 1982, XII1 of 1983, XII of 1984, XLII of 1986 and VIII of 1990;

Legal Notice 162 of 1990; and Acts XII and XXIV of 1995, XXXI of 1997

and VI of 1998. And, in regard to the Schedule, by Resolutions passed by

the Council of Government on the 12th March, 1940, and on the 16th

December, 1941, and published by Govt. Notice No. 114 of 26th March,

1940, and Government Notice No. 578 of 23rd December, 1941,

respectively; Act XV of 1946; Government Notice No. 18 of 1947; Acts

XXXVII of 1949, XXXIV of 1974, XLI of 1975, XXXV and XL of 1977,

XXVII of 1980, XV of 1981, VII and XIII of 1983, XXXI of 1997, VI of 1998,

IX and XXIII of 2000, VI and XXVII of 2001, III of 2002, and XXII of 2005;

Legal Notice 408 of 2007; and Acts XIII of 2007, XV and XXIII of 2009, VII

and XI of 2010, V of 2011, XXIV of 2014 and XV of 2016,and XIV of 2017,

XV of 2023 and II of 2026.

The short title of this Ordinance is Traffic Regulation

Ordinance.

First Column

Second Column

Offence

Punishment

Driving motor vehicle on

caterpillar tracks

First offence .............................. Fine (multa) of not less

than €232.94 but not exceeding

€1,164.69

Subsequent offence

Fine (multa) of not less

than €465.87 but not exceeding

€1,164.69 and forfeiture of

vehicle

In this Ordinance -

the word "animal" means any horse, mule or donkey, when used

for the conveyance or carriage of persons, corpses or goods;

the words "Authority" and "Authority for Transport in Malta"

mean the Authority for Transport in Malta established under article

5 of the Authority for Transport in Malta Act;

the words "electric kick scooter'' or ''e-kickscooter'' means a stand-up

device that has a handlebar, a deck and small hard wheels powered by an

electric motor and which also allows for human propulsion;

"high occupancy vehicle" means a vehicle which, at the time of

use, is carrying three or more passengers (including the driver);

" M e m b e r St a t e " m e a n s a M e m b e r St a t e o f t h e E u r o p e a n

Economic Area;

the words "M1 motor vehicle" mean a vehicle used for the

carriage of passengers and comprising no more than eight seats in

addition to the driver’s seat;

The words "M2 motor vehicle" mean a vehicle used for the

carriage of passengers, comprising more than eight seats in

addition to the driver ’s seat, and having a maximum mass not

exceeding 5 tonnes;

the words "M3 motor vehicle" mean a vehicle used for the carriage

T RA FF I C RE G U L AT I ON

of passengers, comprising more than eight seats in addition to the

driver’s seat, and having a maximum mass exceeding 5 tonnes;

the word "Minister" means the Minister responsible for

transport;

the words "motor bus" mean any motor vehicle, capable of

carrying more than seven passengers, used against payment for the

conveyance of passengers;

the words "motor cycle" mean any two-wheeled vehicle, with or

without a sidecar, fitted with an engine having a cylinder capacity of

more than 50cm 3 if of the internal combustion type and, or having a

maximum design speed of more than 45km/h, and including a motor

tricycle;

the words "motor vehicle" mean any vehicle propelled by

mechanical power and includes a motorcycle, an e-kickscooter and, or

a moped;

the words "motor vehicle for hire" mean a motor vehicle which is

registered and licensed to be hired or leased from a vehicle hire

services operator, and for the purpose of being driven by such hirer

or lessee in accordance with the Light Passenger Transport Services

and Vehicle Hire Services Regulations;

the words "N1 motor vehicle" mean a vehicle used for the

carriage of goods and having a maximum mass not exceeding 3.5

tonnes;

the words "N2 motor vehicle" mean a vehicle used for the

carriage of goods and having a maximum mass exceeding 3.5

tonnes but not exceeding 12 tonnes;

the words "N3 motor vehicle" mean a vehicle used for the carriage

of goods and having a maximum mass exceeding 12 tonnes;

the word "owner" means the person in whose name a motor

vehicle is licensed;

the words "public transport" have the same meaning given to

them by article 2 of the Authority for Transport in Malta Act;

the words "public transport vehicle" have the same meaning

given to them by article 2 of the Authority for Transport in Malta

Act;

" T r e a t y " m e a n s t h e Tr e a t y e s t a b l i s h i n g t h e E u r o p e a n

Community;

the word "vehicle" includes any carriage, karrozzin, animal

drawn cart, car, motor vehicle, omnibus, motor cycle, moped, e-

kickscooter, bicycle or other means of transport of any class or

description intended for the conveyance or carriage of persons,

corpses or goods

Provided that no provision of this Ordinance or of any

regulation made thereunder shall apply to any animal drawn vehicle

unless the Minister makes regulations extending such provisions to

be applicable thereto

Provided further that unless otherwise stated in this Act,

the definitions in the Services (Internal Market) Act shall apply;

"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.

Added by

XV. 1981.4.

Substituted by

First Column

Second Column

VII. 1983.2;

XXXI. 1997.2;

Offence

Fine (ammenda) €

L.N. 408 of 2007;

Contravening no-entry sign

XIII. 2007.19.

Amended by

Driving at an excessive speed

V. 2011.13;

VII. 2010.47;

up to 15 kilometres per hour over

34.94

XV. 2016.45.

the limit

Substituted by

XV.2023.4.

over 15 kilometres per hour over the

limit

Driving of motor vehicles carrying

iron nets or rods which are not so

secured as to prevent damage to the

surface of the road

Excessive smoke from exhaust pipes

46.59

Failure to renew driving licence

34.94

Failure to renew vehicle licence

(1) With a view to protecting the public against the risks

which arise in cases where the drivers of motor vehicles are

suffering from excessive fatigue, the Minister on the advice of the

Authority for Transport in Malta may make orders prescribing the

continuous periods for which any person may drive or cause or

permit any person employed by him or subject to his orders to drive

any class of motor vehicle which may be specified in any such

order.

(2) Any order made under this article may be revoked or varied

by a subsequent order.

(3) Any person who acts in contravention of any order made by

the Minister under this article shall, on conviction, be liable to a

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

(46.59)

Provided that it shall be a valid defence to any charge under

this article if the person charged proves to the satisfaction of the

court that the contravention was due to unavoidable delaying the

completion of any journey, arising out of circumstances which he

could not reasonably have foreseen.

Repealed by: XXIII. 2000.30.

5. Repealed by: V. 2011.4.

6. Repealed by: V. 2011.4. T RA FF I C RE G U L AT I ON

Imħassar bl-Att V. 2011.4.

REGOLAMENT TAT-TRAFFIKU

Imħassar bl-Att V. 2011.4.

Is-servizz tal-

vetturi jkun taħt it-

treġija esklużiva

tal-persuni li

lilhom jiġi mogħti

s-servizz.

Emendat

A.L. 162 tal-1990;

XXIII. 2000.30;

XV. 2009.49.

Withdrawal subject

Repealed by: V. 2011.4.

to re-issue of

licences.

Amended by

L.N. 162 of 1990;

XXIII. 2000.30;

XV. 2009.49.

Appointment of

Repealed by: V. 2011.4.

traffic inspectors.

Substituted by

XLI.1975.2.

Amended by

L.N. 162 of 1990;

XXIII. 2000.30;

XV. 2009.49.

Interference with

Repealed by: V. 2011.4.

the duties of traffic

inspectors.

Amended by

XIII.1983.5;

XXIII. 2000.30;

L.N. 408 of 2007.

Inciting persons to

Repealed by: V. 2011.4.

commit breach of

contract.

Added by

XV. 1931.2.

Amended by

XIII. 1983.5;

L.N. 162 of 1990;

XXIII. 2000.30;

L.N. 408 of 2007;

XV. 2009.49.

Refusal to give

Repealed by: V. 2011.4.

name to traffic

inspectors, etc.

Substituted by

XLI. 1975.3.

Amended by

XIII. 1983.5;

XXIII. 2000.30;

L.N. 408 of 2007.

Prohibition of

Repealed by article 20 of Act XLII of 1986.

smoking on route

motor buses.

Added by

XLI. 1976.2.

Power of Authority

Repealed by: V. 2011.4.

for Transport in

Malta to allow

extra buses etc., to

ply on certain

routes.

Amended by

L.N. 162 of 1990;

XXIII. 2000.30;

XV. 2009.49.

14. Repealed by: V. 2011.4.

Imħassar bl-Att V. 2011.4.

(1) Any person who -

(a) drives a motor vehicle or other vehicle without a

licence or an unlicensed motor vehicle or other

vehicle, or in a reckless, negligent or dangerous

manner, provided that no licence shall be required in

relation to a bicycle; or

(b) causes, suffers or permits his car to be driven by a

person not duly licensed to drive a motor vehicle or

other vehicle,or when the motor vehicle or other vehicle

is not licensed

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

fine (multa) not exceeding one thousand and two hundred euro

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

(1A) Any person who makes use of an identification number

other than that allotted by the police or by the Authority in relation

to a particular motor vehicle shall be guilty of an offence and shall,

on conviction, be liable to a fine (multa) not exceeding one thousand

and two hundred euro (€1,200) or to imprisonment not exceeding six

months or to both such fine and imprisonment.

(2) Where the offence consists in driving a motor vehicle or

other vehicle in a grossly negligent or dangerous manner, the court

shall, in addition to the punishment under sub-article (1), disqualify

the offender for holding or obtaining a driving licence, in the case

of a first conviction for a period of not less than three months, and

in the case of a second or subsequent conviction for a period of not

less than one year.

(3) In the case of any other offence under sub-article (1), the

court shall, in addition to the punishment under that sub-article,

disqualify the offender for holding or obtaining a driving licence

for a period of not less than eight days.

(4) The Minister may by regulations under this article make

provision whereby any disqualification to hold a licence or any

revocation or suspension of a licence to drive a vehicle in a country

outside Malta as may be designated in such regulations, shall have

effect as if such disqualification, revocation or suspension was

ordered by a Court or other authority in Malta to the extent and

under such conditions as may be specified in such regulations, and

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no licence issued under this Act shall be valid in any period where

in accordance with such regulations such person is deemed

disqualified from holding any licence or has his licence suspended

or revoked.

(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).

(1) No person shall drive or attempt to drive or be in

charge of a motor vehicle or other vehicle on a road or other public

place if he is unfit to drive.

(2) For the purposes of this article, a person shall be deemed to

be unfit to drive if his ability to drive properly is for the time being

impaired.

(1) No person shall drive, attempt to drive or be in charge

of a motor vehicle or other vehicle on a road or other public place

after consuming so much alcohol that the proportion of it in his

breath, blood or urine exceeds the prescribed limit.

(2) The Minister responsible for the Police may make

regulations which provide for -

(a) the procedures to be adopted by the Police or by the

community officers in the carrying out of breathalyser

tests;

(b) the determination of the type of device to be used for

the taking of the breathalyser test;

(c) the procedure for the taking of body fluid specimens

including blood;

(d) the determination of the laboratory for the taking of

body fluid specimens including blood

Provided that the Minister responsible for the Police may, by

regulations made under this Ordinance, amend, repeal or repeal and

re-enact the schedules to this Ordinance.

(1) No person shall drive, attempt to drive 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.

15BA. (1) No person shall drive, attempt to drive 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.

15BB. 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;

T RA FF I C RE G U L AT I ON

(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.

(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.

(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.

A Police officer may proceed to the arrest of a person if -

(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) 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.

(1) In order to determine whether a person has committed

an offence under articles 15A, 15B(1) and 15BA(1) a Police officer

may require such person -

(a) to provide a breath specimen or specimens for analysis

by means of the approved device, according to

regulations made under this Ordinance, and the result

so obtained shall be admissible in 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; or

(b) to provide a specimen or specimens of blood and urine

for laboratory analysis, which shall take place at an

approved laboratory, according to regulations made

under this Ordinance, and the opinion of the analyst in

that laboratory and the results of the analysis shall be

admissible in 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

Provided that the Police may in addition to the specimens

of breath require also a specimen of blood or two specimens of

urine; or

(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.

(2)

(Deleted by Act VII. 2010.41.).

(3)

(Deleted by Act VII. 2010.41.).

(4) A person who refuses or fails to provide the requisite

specimen as provided under this article or regulations made under

this Ordinance shall be guilty of an offence and unless the contrary

is proved, it shall be presumed that the proportion of alcohol in that

person’s blood exceeds the prescribed limit or has drugs in his body,

or in the case of tetrahydrocannabinol, exceeds the prescribed limit

Provided that it shall be a defence for such person to prove

that his failure to provide a specimen was due to physical or mental

incapacity to provide it or because its provision would entail a

substantial risk to his health.

(5) Where a person has been found guilty of an offence against

any of the provisions of articles 15A, 15B or 15BA(1), the court may,

besides sentencing the offender to the punishment applicable

according to law, order him to pay the fees, or part thereof, due to

the person or persons who shall have made the analysis under the

provisions of this 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.

(1) A person required to provide a specimen of breath, oral

fluid or body fluid, and who consents to such procedure may be

detained by the Police until such person provides the necessary

specimen or until the person is no longer a danger to himself or to

others.

(2) The Minister responsible for the police shall by regulations

establish, and may, when established, alter by regulations, the

allowed proportion of alcohol in the breath.

A person required to provide a specimen of breath, blood,

oral fluid or urine may be detained by the Police until it appears to

the Police that such person is fit to drive.

(1) The provisions of article 15C shall apply mutatis

mutandis to community officers and the procedures that shall be

followed in the event that a community officer has a reasonable

suspicion as defined in article 15C shall be those stipulated in this

article.

(2) When a person refuses or refrains from providing a sample

of breath to a community officer as required under this article, that

person shall be guilty of an offence and the provisions of articles

15E(4) and 15H shall apply to that person mutatis mutandis.

(3) A person who refuses or fails to provide a sample of breath

to a community officer in accordance with this article may be

forbidden by the community officer from driving until the Police

arrive and a person who keeps on driving despite the order given by

the community officer not to drive shall be guilty of an offence as if

the order given by the community officer was given by the Police.

(4) When, as a result of a breath test, a community officer has

a reasonable suspicion that the proportion of alcohol in the blood of

that person is more than the limit prescribed he shall request the

presence of the Police on site and the person who has given the

sample shall be forbidden by the community officer from driving

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

that person.

(1) Every person who contravenes any of the provisions

of articles 15A, 15B and 15BA(1) shall be guilty of an offence and

shall on conviction for such an offence or for an offence under sub-

article (4) of article 15E be liable -

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

less than four thousand euro (€4,000);

(b) in the case of a second or subsequent conviction, to a

fine (multa) of not less than eight thousand euro (€8,000)

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.

(2) In addition to the punishments under sub-article (1), the

court shall disqualify the offender from holding or obtaining a

driving licence in the case of a first conviction for a period of not

less than six months, and in the case of a second or subsequent

conviction for a period of not less than one year

(3) In addition to the penalties under sub-articles (1) and (2), the

court may also impose a Probation Order in accordance with article 7

of the Probation Act which shall include an order whereby the offender

shall be ordered to attend a rehabilitation programme, with expenses

charged upon him, or a Community Service Order in accordance with

article 11 of the Probation Act.

Provided that in the case of a conviction due to a person

having been unfit to drive through drink or for an offence under

article 15B, the provisions of this sub-article shall apply only

where the proportion of alcohol in the breath, blood or urine

exceeds the prescribed limit by eight microgrammes or more in the

breath or by twenty milligrammes or more in the blood or by

twenty-three milligrammes or more in urine.

(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).

(1) For the purposes of this article and of articles 15A to

15H, unless the context otherwise requires -

"breath test" means a test for the purpose of determining, by

means of a device of a type approved by the Minister, whether the

proportion of alcohol in a person’s breath is in excess of the limit

prescribed by regulations under this Ordinance;

"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

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

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

or (d)

(i)

22 microgrammes of alcohol in 100 millilitres of

breath; or

(ii)

50 milligrammes of alcohol in 100 millilitres of

blood; or

(iii)

67 milligrammes of alcohol in 100 millilitres of

urine;

(b) with regard to driving or attempting to drive

commercial vehicles

(i)

9 microgrammes of alcohol in 100 millilitres of

breath; or

(ii)

20 milligrammes of alcohol in 100 millilitres of

blood; or

(iii)

27 milligrammes of alcohol in 100 millilitres of

urine;

(c) with regard to driving or attempting to drive buses,

coaches, vehicles on priority duty and other vehicles

carrying passengers for a fee

(i)

0 microgrammes of alcohol in 100 millilitres of

breath; or

(ii)

0 milligrammes of alcohol in 100 millilitres of

blood; or

(iii)

0 milligrammes of alcohol in 100 millilitres of

urine;

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

persons in possession of a probationary driving

licence

(i)

9 microgrammes of alcohol in 100 millilitres of

breath; or

(ii)

20 milligrammes of alcohol in 100 millilitres of

blood; or

(iii)

27 milligrammes of alcohol in 100 millilitres of

urine

Provided that the Minister responsible for the police may, by

regulations, change the prescribed limits.

" "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;

(2) A person is deemed to have provided a specimen of blood

only if he consents to it being taken by a medical practitioner and it

is so taken in such quantity and of such quality as is capable of

being properly analysed for the purposes of article 15E.

(3) A person shall be deemed to have provided a specimen of

urine or breath only if that specimen is provided in such a manner

and in such quantity and of such quality as is capable of being

properly analysed for the purposes of article 15E or for the

purposes of regulations made under this Ordinance.

Any person who drives a motor-car or other vehicle

through or emerges a red light shall be guilty of an offence and on

conviction shall be liable to a fine (multa) of two hundred euro

(€200).

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.

(1) No person shall, without a licence from the Authority

for Transport in Malta, carry on the business of hiring motor

vehicles to be driven by the hirer or by a person under his control.

(2) Any person who acts in contravention of the provisions of

s u b - a r t i c l e ( 1 ) s h a l l b e g u i l t y o f a n o ff e n c e a n d s h a l l , o n

conviction, be liable to a fine (multa) not exceeding forty-six euro

and fifty-nine cents (46.59).

(3) The licence, issued under sub-article (1), may be suspended

or cancelled by the Authority for Transport in Malta, if the holder

of the licence permits any motor vehicle to be used on the road,

unless there is in force in relation to the user of that motor vehicle

such a policy of insurance or such security in respect of third party

risks as complies with the requirements of any law for the time

being in force imposing such policy of insurance or security.

(1) Every taxi-car shall be fitted with an appropriate taxi-

meter for ascertaining the number of kilometres covered and the

relative legal charges of each trip.

(2) Every taxi-meter which is fitted in a taxi-car shall be placed

in a position which is easily visible to the passengers.

(3) Every person who carries passengers in a taxi-car shall

ensure at the commencement of any hire that the taxi-meter of such

car is in proper order for correct registering in accordance with sub-

article (1).

(4) No person shall carry passengers in a taxi-car if the taxi-

meter of such car is not in proper order as required by this article or

if such taxi-meter has its seals broken or is in any way tampered

with.

(5) No person shall whilst carrying passengers in a taxi-car fail

to operate the taxi-meter during any hire, or charge any amount in

excess of the correct fare, or break the seals of the taxi-meter.

(6) Every person who contravenes any of the provisions of this

article shall be guilty of an offence and shall on conviction be

liable -

(a) for a first offence, to a fine (multa) not exceeding five

thousand euro (€5,000); for a second offence, to a fine

(multa) not exceeding seven thousand euro (€7,000) or

to imprisonment for a period of not more than three

months; for a third or subsequent offence, to a fine

(multa) not exceeding ten thousand euro (€10,000) or

to imprisonment for a period of not more than six

months or to both such fine and imprisonment;

(b) to the immediate suspension or revocation of any

prescribed permit, licence or authorisation;

(c) any prescribed penalty points; and

(d) the confiscation of the taxi-car for a period of

(i)

not less than one month but not exceeding three

months for a first offence;

(ii) not less than three months but not exceeding six

months for a second offence; and

(iii) not less than six months but not exceeding

twelve months for a second and subsequent

offence.

(7) The confiscation of the taxi-car as provided in sub-article

(6) shall take place irrespective of whether the offender is the

owner, or his employee or substitute, of such motor vehicle.

(8) The Probation Act, and article 21 of the Criminal Code,

shall not be applicable in respect of an offence against any of the

provisions of this article.

Nothing in this Ordinance shall be construed as limiting,

restricting or otherwise affecting the application of any law,

regulation or other rule made in pursuance of the Services (Internal

Market) Act.

Without prejudice to the provisions of article 16, it is

prohibited to let or hire any vehicle for the conveyance of persons

or for the carriage of goods without a licence from the Authority

for Transport in Malta.

The licence mentioned in article 17 in respect of a vehicle

for hire shall not be granted unless the Authority is satisfied that

the vehicle is fit for public use, and provided with such fittings,

accessories and brakes as, in the opinion of the Authority or, with

respect to self-drive car hire, as provided for under this Ordinance

or any other law, regulation or rule may be necessary for the safety

and convenience of passengers.

A vehicle licensed in accordance with article 17 shall bear

such plates showing an identification number and such distinctive

letter as shall be allotted to it by the Authority. The said number

and letter shall be of such pattern, colour and size as the Authority

shall determine.

Any vehicle standing or plying for hire, or actually on hire

not having the plates referred to in the last preceding article, shall

be deemed to be an unlicensed vehicle.

Every vehicle for hire shall be constructed in accordance

with a design approved by the Authority.

It shall not be lawful to use any vehicle for hire which is

not kept in a good state of repair, cleanliness and decency in all its

parts and accessories.

No vehicle destined for the conveyance of persons shall be

used for the conveyance of corpses.

No vehicle shall be used for the conveyance of corpses

without a special licence, which shall not be granted unless the

vehicle be constructed in such form and provided with such

fittings, accessories and lamps as the Authority shall direct.

The licence mentioned in article 17 shall be withdrawn if

the vehicle is declared to be unfit for public use. The said licence

shall be returned or, if lapsed, renewed when the vehicle is put in

order to the satisfaction of the Authority.

Any person named as owner or part-owner on a licence,

who shall have sold or otherwise disposed of his interest in the

vehicle to which the licence relates, shall give notice to the

Authority of such sale or disposal, and shall at the same time

produce the licence in order that a note may be entered thereon

showing the material particulars of such sale or disposal; and in

default of such notice and production, such person shall,

notwithstanding such sale or disposal, continue to be subject to the

provisions of this Ordinance as owner or part-owner of the vehicle.

No owner or driver of a vehicle shall cause or suffer the

number assigned by the Authority and affixed by means of a plate

on the vehicle to be hidden from public view, or changed, or in any

manner hinder any person from taking note thereof, or refuse to

declare such number to any person desiring to know the same.

Whenever the Authority may deem it expedient to change

the identification number of a vehicle, notice shall be given to the

person to whom the licence relative to such vehicle shall have been

granted; such person shall, within seven days after such notice,

produce the licence to the Authority, who shall assign another

number plate and enter on the licence a note of such change. Such

person shall affix on the vehicle the new number plate in the same

manner as the original number plate was affixed, or in such manner

as the Authority, may direct.

It shall not be lawful to grant one single licence in respect

of more than one vehicle.

No person shall act as driver of any vehicle for hire, other

than a bicycle, without a licence from the Authority; and the owner

of such vehicle shall not employ as driver any person not having

such licence.

Such licence shall only be granted to persons of age who,

in the opinion of the Authority, are of good conduct and fit to drive

vehicles for hire.

Such licence shall, upon conviction of the holder for a

crime, be revoked or suspended for a stated period by the court

passing judgement.

The allegation that the person accused is a driver of a

vehicle may, for the purposes of the last preceding article, be made,

even after the conviction, by an application, provided such

application is filed within eight days of such conviction.

(1) Every driver of a passenger vehicle used for hire or

reward shall, whilst driving the vehicle, wear in a conspicuous

place on his breast in a manner that it may be easily seen, unless

otherwise prescribed, an identification tag which will be given to

him by the Authority.

(2) It shall not be lawful for any driver to lend his tag to any

other person, or to suffer any other person to make use thereof,

even though such other person is licensed to act as driver of a

public transport vehicle; it shall likewise be unlawful for any

person to make use of a tag granted to any other person.

(3) If a driver loses his tag, he shall, without delay, give notice

thereof to the Authority, and if he shows, to the satisfaction of the

Authority, that the tag was lost without any fault on his part, he

shall be given another tag by the Authority on the payment of any

fee as may be prescribed.

Every driver licensed to drive a vehicle for hire shall,

whilst driving the vehicle, or plying for hire, carry the licence on

him and shall produce the same whenever requested by the Police

or any other authority.

No owner or driver of a vehicle for hire shall, without

reasonable excuse, refuse to let out such vehicle to any given place,

or, at the choice of the person requiring the hire of the vehicle, for a

specified or unspecified time not exceeding four hours, provided

the person requiring the hire of the vehicle consents that such hire

should commence from the moment in which the request for the

hire is made.

Notwithstanding anything contained in the last preceding

article, no fare shall be leviable for the hire of any vehicle licensed

as a taxi-car other than in accordance with the tariff contained in

regulations made under article 43 of the Authority for Transport in

Malta Act.

38. Repealed by: V. 2011.4.

Imħassar bl-Att V. 2011.8.

The owner or driver of a vehicle let out on hire shall not

permit any person or thing to be carried in, on or about such

vehicle, whilst on hire, without the consent of the hirer.

No person authorised by the owner of a vehicle to act as

driver of such vehicle shall, except in case of necessity, suffer any

other person to act as driver of such vehicle, without the consent of

the owner thereof, and no person shall, except in case of necessity,

act as driver of a vehicle, without the consent of the owner of such

vehicle.

Where any damage has been caused to the property of

others through the driving of a motor vehicle or other vehicle in a

reckless, negligent or dangerous manner, it shall be lawful for the

court by which the driver is convicted, to direct that the owner of

the vehicle shall pay such a sum, not exceeding two thousand and

t hree hu ndred and tw enty -n ine euro and thi rt y-seven cent s

(2,329.37), as appears to the court a reasonable compensation for

such damage, saving any action for any greater sum where the

damage caused is greater; and every owner who pays any such

compensation as aforesaid may recover the same from the driver as

a civil debt in respect of damages and interest.

42. Repealed by: V. 2011.4.

Imħassar bl-Att V. 2011.8.

(1) The driver of a vehicle shall, if he conveniently can,

give way to any other vehicle and avoid obstructing the driver of

any other vehicle in taking up or setting down any person into or

from such other vehicle.

(2) The driver of a vehicle shall, before turning a corner or on

approaching a cross-road, proceed at a slow rate of speed, signal

the direction in which he intends to proceed and, where necessary,

sound the horn, bell or other device for signalling its approach.

No person using any vehicle for hire shall wilfully and

contrary to the use for which the vehicle is intended, do anything

injuring such vehicle.

(1) No licensed vehicle shall be exposed for hire, unless it

is provided with such fittings, accessories and brakes as are, in the

opinion of the Authority, necessary for the safety and convenience

of passengers, or unless the animal and harness are, as regards

condition and appearance, suitable for the work for which they are

intended.

(2) It shall not be lawful to carry in the vehicle a greater

number of persons than that fixed in the licence.

46. Repealed by: V. 2011.4.

47. Repealed by: V. 2011.4.

Imħassar bl-Att V. 2011.8.

Imħassar bl-Att V. 2011.8.

No driver of any vehicle for hire shall suffer any passenger

to drive such vehicle.

Vehicles, other than motor vehicles, plying on the road

shall between sunset and sunrise comply with such lighting

requirements as may be prescribed.

It shall be lawful for the Authority, at all times, to compel

the owner or driver of any vehicle for hire to perform such service

of transport as is required in the interests of the public and to give

the necessary directions, saving always such compensation as may

be due according to law.

(1) It shall be lawful for the Authority for Transport in

Malta to cancel or suspend for any period the licence of any driver

who, in the exercise of his calling, shall infringe any of the

provisions of this Act or in connection with the exercise of such

licence contravenes any other law or otherwise behaves in a manner

that does not befit the exercise of his calling.

The provisions of article 469A of the Code of Organization

and Civil Procedure shall apply to the exercise of the discretion of

the Authority under this article.

(2) Any Police officer may seize any vehicle for hire if the

driver thereof refuses to obey a lawful order of the Police or in the

case of any infringement of any of the provisions of this Ordinance

or any regulation relating to vehicular traffic, and such vehicle

may, upon an order in writing of any Police officer not inferior in

rank to sub-inspector, be detained for a time not exceeding twenty-

four hours, pending an inquiry into the circumstances of the case.

(1) The Commissioner of Police shall have power to make

orders by notice in the Gazette, for controlling, restricting or

prohibiting temporarily the passage or stopping of vehicles of any

description through or in any street on the occasion of processions,

religious ceremonies or other public solemnities or celebrations, or

in connection with the repair of streets, laying of sewers or water

mains and other works; signs shall be appropriately placed to

indicate the prohibition or other restriction, unless a Police officer

is present to control traffic.

(2) Such power may also be exercised by the Authority for

Transport in Malta in connection with the repair of streets, laying

of sewers or water mains and other works; signs shall be

appropriately placed to indicate the prohibition or other restriction,

unless a Police Officer is present to control traffic.

Where under the provisions contained in this Ordinance, the

Court of Magistrates shall have sentenced the owner or driver of

any vehicle to pay any compensation or expenses, such

compensation or expenses may be recovered through the same

court in the same manner and with the same means provided by law

for the enforcement of judgements delivered by the inferior courts

in civil matters.

(1) The Minister may, after consultation with the

Authority, make regulations in respect of road traffic and the

conveyance of persons or the carriage of goods.

(2) Without prejudice to the generality of the aforesaid powers,

such regulations shall in particular provide

(a) for the grant, renewal, transfer, suspension and

cancellation of licences in respect of motor vehicles,

the drivers thereof, the conductors of motor buses,

motor vehicle garages, and for such other licences in

connection with motor vehicles and the users thereof

as may be necessary;

(b) for prescribing the services which must be given by a

motor bus, the time, manner and conditions in which

or under which such service is to be given and the

place from which orders, agreements or other

arrangements for such services are to be given or

made, and for requiring the distribution among the

owners of buses, or of such part thereof as may be

prescribed in the regulations, of all fares, fees and

other receipts collected by them, in the manner, terms

and conditions prescribed in the regulations;

(c) concerning the construction, equipment, condition and

maintenance of motor vehicles and the periodical

examination of motor vehicles by official experts;

(d) concerning the classification of motor vehicles

according to their use as approved by the Authority;

(e) for ordering inside motor vehicles the display of any

information;

(f)

for prescribing the registers to be kept by licensees of

motor vehicles licensed for hire, and the information

to be supplied by such licensees to the Authority;

(g) for controlling, restricting or prohibiting the passage

or stopping of motor vehicles through or on any road,

street, lane, square or other place of public

thoroughfare;

(h) for the management and control of parking places and

of motor vehicles while they are standing on or

moving into or out of parking places, for prescribing

any charges to be made for parking, and the use of

mechanical apparatus indicating the amount and

payment of such charges, for traffic signs, for

pedestrian crossings and for the restriction or control

of the movement of pedestrians in, through or across

any road, street or other places of public thoroughfare;

(i)

generally for the control of the use of motor vehicles

on the road and for the regulation of traffic of motor

vehicles on ferry-boats within the islands of Malta and

Gozo and between such islands;

(j)

for the removal, storage or disposal or the clamping of

any vehicle found on any road in contravention of any

law or regulation made thereunder, or of any vehicle,

seacraft or other thing causing a nuisance,

inconvenience or obstruction in any street, road, quay,

wharf or other public place, or where any licence or

tax in respect thereof is not paid, or where any fine due

in respect of any offence committed through the use of

such vehicle has not been duly paid, and

-

for prescribing the fees that may be due with

respect to removal and storage of vehicles and

with respect to the clamping of vehicles;

-

for prescribing anything that may or may not be

done with respect to clamping and clamped

vehicles;

(k) for exempting the Commissioner of Police or any other

authority from any liability for damages arising in

connection with the removal, storage and disposal of

motor vehicles, seacraft or any other thing in

accordance with regulations made under this article;

(l)

for prescribing the fees payable for the removal,

storage and disposal of any motor vehicle, seacraft or

and other thing in accordance with regulations made

under this article;

(m) for any matter of procedure or of evidence in

proceedings under or relating to this Ordinance or any

regulations made thereunder.

(3) For the purposes of this article the terms "motor vehicle"

shall include any other vehicle.

(1) Saving any other provision of this Ordinance, any

person who commits an offence against any regulation made under

article 54 shall, on conviction, be liable to the punishments laid

down for contraventions in the Criminal Code but any such

punishment shall in no case be less than a fine (ammenda) of eleven

euro and sixty-five cents (11.65)

Provided that, in the case of an offence set out in the first

column of the First Schedule to this Ordinance, the punishment

awardable shall be that shown in the second column thereof and, in

the case of an offence set out in the first column of the Second

Schedule to this Ordinance, the punishment awardable shall in no

case be less than the relative fine shown in the second column

thereof.

(2) On conviction for any offence against such regulation the

court shall, at the instance of the prosecution, in addition to the

punishment under subarticle (1), disqualify the offender for holding

or obtaining a driving licence or a licence in respect of the motor

vehicle driven by him at the time of the offence for a period of not

less than eight days.

(3) Whenever an offence against the provisions of any

regulations made under article 54 has been committed and the

offence is one of the offences set out in the first column of the

Second Schedule to this Ordinance, the owner of the motor vehicle

or, when the registered user is different from the owner, the

registered user, or, in the case of a self-drive car, the person to

whom it was hired, shall be responsible for the offence unless -

(a) prior or during the proceedings he reveals the name of

the person who committed the offence and that person

admits with the Police to have committed the offence,

or is found guilty by the court of having committed

such an offence;

(b) he proves before the court that the motor vehicle had

been used without his permission or authority or

without the permission or authority of the person who

had the temporary use thereof with the permission of

the said owner or registered user or hirer, and reveals

the identity of the person committing the offence, if

known to him

Provided that in the case of a self-drive car the owner

thereof shall be responsible for the offence unless the relative fine

has been paid.

(4) Saving the provisions of sub-article (2), where the offence

consists in the contravention of any such regulation dealing with

the emission of smoke, grit, dust, ashes or oily substances from any

motor vehicle, the court shall, at the instance of the prosecution, in

addition to the punishment under sub-article (1), suspend for a

period of not less than eight days the licence relative to the motor

vehicle in respect of which the offence has been committed even

though such motor vehicle was not, at the time of the offence, being

driven by the licensee.

Where any fine (multa or ammenda) is awarded by a court

of criminal jurisdiction, or where a Commissioner for Justice has

made an order for the payment of a penalty under the provisions of

the Commissioners for Justice Act, in connection with any offence

under this Ordinance committed by the use of any motor vehicle,

and such fine or penalty, as the case may be, has not been paid, the

Authority shall withhold from renewing that motor vehicle’s road

licence on the expiry thereof until such time as the payment of the

fine or the penalty is effected

Provided that this article shall not apply in the event that a

renewal of a licence, a change in the name of the registered owner

or the transfer of the road licence in respect of that vehicle is

occasioned as a result of the said vehicle being acquired by virtue

of a judicial sale by auction, held under the authority of the Courts,

by the original vendor of the vehicle on account of non-payment of

the purchase price.

(1) An owner of a motor vehicle who fails to renew the

licence relative to the said motor vehicle shall, without prejudice to

his liability to criminal punishment under this Ordinance or under

any other law, also be, and be deemed to have always been, civilly

liable towards the Authority for the payment of the amount due for

the relevant licence fee.

(2) Proceedings for the collection of any civil debt incurred by

virtue of subarticle (1) shall be barred by the lapse of the period of

eight years from the date due for the renewal of the relative licence.

(3) When the Authority gives any notice by means of a judicial

letter that the said person is civilly liable for the payment of any

amount to the Authority under this article, the said notice shall

constitute an executive title for the purposes of Title VII of Part I of

Book Second of the Code of Organization and Civil Procedure,

unless the person notified shall commence proceedings in the

competent court of civil jurisdiction in order to object to the said

notice within thirty days from the date of service upon him of the

said notice.

(4) Any proceedings in order to object to a notice in terms of

subarticle (3) shall be commenced by means of an application filed

against the Authority.

(5) The said application shall give the grounds of the objection

to the notice and shall contain the specific demands of the applicant

with regard to the notice and shall indicate the witnesses which the

applicant intends to produce in support of this claim.

(6) The application together with the date of first hearing fixed

by the Court shall be notified to the Authority who may file a reply

within fifteen days from the date of service of the said act, giving

its reason for objecting to the demand and indicating the witnesses

it wished to produce in its defence.

(7) Saving the preceding provisions of this article, the

provisions of the Code of Organization and Civil Procedure

relating to proceedings before the court of civil jurisdiction shall

apply in relation to any application filed in terms of this article.

Repealed by: V. 2011.11.

20. Repealed by XXIII. 2000.30.

21. Repealed by XXIII. 2000.30.

If any person who is disqualified for holding or obtaining a

driving licence applies for or obtains a licence while he is so

disqualified, or if any such person while he is so disqualified drives

a motor vehicle, or, if the disqualification is limited to the driving

of a motor vehicle of a particular class or description, a motor

vehicle of that class or description, on a street, that person shall be

liable, on conviction, to imprisonment for a term not exceeding six

months, or, if the court thinks that, having regard to the special

circumstances of the case, a fine would be an adequate punishment

for the offence, to a fine (multa) not exceeding two hundred and

thirty-two euro and ninety-four cents (232.94), and a licence

obtained by any person disqualified as aforesaid shall be of no

effect.

If the execution of a judgment ordering a disqualification

under article 15(2) or (3) or article 18(2) or a suspension under

article 18(3) is stayed in view of the declared intention of the

person convicted to enter an appeal against that judgment, the

period of disqualification or suspension, as the case may be, shall

commence to run -

(i)

if the said judgment is confirmed or reduced by

the judgment of the Court of Criminal Appeal,

from the date of such judgment;

(ii) 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;

(iii) 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 on application of the

Authority for Transport in Malta shall establish.

(1) Any person who merely with the intention of making

temporary use thereof drives away any vehicle, whether propelled

by mechanical power or by any other means, without having either

the consent of the owner thereof or other lawful authority, shall, on

conviction, be liable to imprisonment for a term not exceeding six

months or to a fine (multa) not less than one hundred and sixteen

euro and forty-seven cents (116.47) but not exceeding two hundred

and thirty-two euro and ninety-four cents (232.94) or to both such

imprisonment and fine.

(2) In this article the word "vehicle" shall include a boat, and

the word "drives" shall be construed accordingly.

(3) If on proceedings under this article the court is satisfied

that the accused acted in the reasonable belief, of which the onus of

proof shall lie on the accused, that he had lawful authority or that

the owner would, in the circumstances of the case, have given his

consent if he had been asked therefor, the accused shall not be

liable to be convicted of the offence.

(1) Notwithstanding any other law providing for the trial

and punishment of offences, where any person commits any of the

offences set out in the first column of the Second Schedule to this

Ordinance, the following provisions of this article shall apply.

(2) Any Police officer or a community officer in whose opinion

any such contravention has been committed, may hand over to the

owner or driver, or affix to the windscreen, of the motor vehicle

used in the commission of the contravention, a notice containing a

general description of the contravention and such other information

or requirements as the Minister may prescribe by regulations made

under this sub-article.

(3) Where any notice has been handed over or affixed as is

provided in sub-article (2), the owner or driver of the motor

vehicle, as the case may be, or any other person who accepts

responsibility for the contravention referred to in the said notice,

may, within ten days of the notice, call at the place referred to in

the notice, produce all such documents therein referred to and pay

the fine set out in the second column of the said Schedule in respect

of that contravention, or such person shall send those documents

and payment of the fine by registered post or by any other means

shown in that notice.

(4) Where any notice which has been handed over or affixed as

is provided in sub-article (2) is not complied with or the said fine is

not paid within the period referred to in sub-article (3) hereof,

o rd in a r y pr oc e e di ng s m a y b e t a k e n in ac c or da nc e wi th t he

provisions of this Ordinance and of the Criminal Code in respect of

the offence in question.

(5) Where any such notice is complied with and the said fine is

paid within the said period, no proceedings may be taken in respect

of the offence in question and the payment of such fine shall, for all

i ntent s and p urp oses, b e deem ed to be an adm ission of the

commission of the offence.

(6) Any person who, not being the owner or driver of the motor

vehicle, removes from the windscreen of any motor vehicle any

notice affixed thereto in accordance with the provisions of sub-

article (2) shall be guilty of an offence and shall be liable, on

conviction, to a fine (multa) of forty-six euro and fifty-nine cents

(46.59).

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

C ri mi nal A pp eal from a ny ju dg men t gi ven b y t he Co urt o f

Magistrates in respect of proceedings arising out of the provision of

this Ordinance.

In the case of any judgement under article 41 an appeal

may be made either by the owner or by the driver of the vehicle.

88

Licence not affixed to windscreen

23.29

Lights not in accordance with the

23.29

provisions of the law

Non-effective silencer

69.88

Non-use of tailboard, overloading or

not less than 250

spillage along the road of material

but not more than 500

being carried

Obstruction (including of slipways,

104.82

piers and wharfs)

Hindering of the free flow of traffic

104.82

in any road including all types of

obstacles, such as obstructing a bus,

the obstruction of a priority lane, of the

safe entry and, or the exit of buses

from stops (the creation of an

unauthorized road or the closing of a

lane, etc.)

Overloading of number of

passengers exceeding the vehicle’s

registration certificate (for every extra

passenger)

Parking or waiting or stopping at

23.29

prohibited place

Parking outside a garage belonging

104.82

to person other than the offender

Use of prohibited horn or warning

11.65

device

Use of vehicles for a purpose other

than licensed, including the use of

private vehicles for hire or any other

use

Driving in a lane for priority

vehicles

Holding and, or making use of a

hand-held mobile device or any other

si m il ar ha nd -h el d de v ic e, w h il st

stationary in traffic and, or driving any

motor vehicle in categories M1, N1

and also including any motor cycle

and, or any e-kickscooter

Wearing or making use of in-ear or

over-ear hands-free device or similar

device in the ear which is closest to the

window whilst stationary in traffic

and, or driving a motor vehicle in

categories M1 or N1.

Wearing or making use of in-ear or

over-ear hands-free device or similar

device in both ears whilst stationary in

traffic and, or driving any motorcycle

and, or e-kickscooter

Holding and, or making use of a

hand-held mobile device or any other

similar device, whilst the vehicle is

stationary in traffic and, or driving an

M1, M2 or M3 motor vehicle for hire

and, or driving an N2 or N3 category

motor vehicle or any other

mechanically propelled machinery for

the carriage of goods;

Wearing or making use of an in-ear

or over-ear hands-free device or any

similar device in the ear which is

closest to t he wind ow wh ilst t he

vehicle is stationary in traffic and, or

driving an M1, M2 or M3 motor

vehicle for hire and, or driving an N2

or N3 category motor vehicle or any

other mechanically-propelled

machinery for the carriage of goods;

Wearing or making use of an in-ear

300"

or over ear hands-free device or any

similar device in both ears whilst

stationary in traffic and, or driving

any motorcycle and, or any e-

kickscooter for hire