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Regulations, 2003 (ninthschedule)

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Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

L.N. 159 of 2003

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicle Roadworthiness Test (Amendment)

Regulations, 2003

IN exercise of the powers conferred by article 54 of the Traffic

Regulation Ordinance, the Minister for Transport and Communications,

in consultation with the Malta Transport Authority, has made the

following regulations>-

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

The title of these regulations is the Motor Vehicle

Roadworthiness Test (Amendment) Regulations, 2003 and they shall

be read and construed as one with the Motor Vehicle Roadworthiness

Test Regulations, 1998, hereinafter referred to as “the principal

regulations”.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

(Regulation 19)

Licensing and Testing Directorate Administration Charge

Category of Vehicle

Administration Charge

Lm

Class I

Motorcycles and motorcycle combinations

0.35

Class IIA

Midibuses, minibuses and vans (g.v.w. under 3,500 kgs)

1.00

Motor vehicles used for the road carriage of goods

(commercial vehicles - g.v.w. under 3,500 kgs)

1.00

Trailers, semi-trailers and other towed vehicles

(g.v.w. under 3,500 kgs)

1.00

Class IIB

Taxis (g.v.w. under 3,500 kgs)

0.80

Ambulances (g.v.w. under 3,500 kgs)

0.80

Chaffeur driven vehicles (g.v.w. under 3,500 kgs)

0.80

Self-drive vehicles (g.v.w. under 3,500 kgs)

0.80

Other light passenger vehicles (g.v.w. under 3,500 kgs)

0.80

Class III

Routebuses, coaches, private buses, midibuses,

minibuses and vans (g.v.w. is 3,500 kgs and over)

1.20

Motor vehicles used for the road carriage of goods

(commercial vehicles - g.v.w. is 3,500 kgs and over)

1.20

Trailers, semi-trailers and other towed vehicles

(g.v.w. is 3,500 kgs and over)

1.20

Classes I, IIA, IIB and III

All second hand imported vehicles

As above

according to category”.

12. Immediately after the Ninth Schedule there shall be inserted

Adds new Tenth

and Eleventh

the following two new schedules>

Schedules to the

principal

regulations.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

Regulation 2 of the principal regulations shall be amended as

(a) the definitions of “Director” and of “Department” shall

be deleted<

(b) immediately after the definition of “authorisation” there

shall be inserted the following new definition>

“Authorised Officer” means the officer within the Malta

Transport Authority who is responsible for the administration

of the vehicle roadworthiness test<”<

(c) immediately after the definition of “company” there shall

be inserted the following new definition>

“competent authority” and “Authority” mean the Malta

Transport Authority established under the Malta Transport

Authority Act<”<

(d) immediately after the definition of “commercial vehicle”

there shall be inserted the following new definition>

“Directorate” means the Directorate within the Malta

Transport Authority responsible for the administration of the

motor vehicle roadworthiness test<”<

(e) immediately after the definition of “prescribed

requirements” there shall be inserted the following new definition>

“public highway” means national, arterial, distributor,

access and local access roads<”<

(f) immediately after the definition of “station” there shall be

inserted the following new definition>

“technical roadside inspection” means an inspection of

a technical nature, not announced by the competent authority

of certain vehicles circulating on the public highway<”.

For the word or words -

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

(Regulations 27 and 29)

TECHNICAL ROADSIDE INSPECTION REPORT INCORPORATING A

CHECKLIST

1. Place of check ………………………………………………………………..

2. Date …………………………………………………………………………..

3. Time …………………………………………………………………………..

4.Vehicle nationality mark and registration number ……………………………

5.Trailer#semi-trailer nationality mark and registration number ………………….

6. Class of vehicle ………………………………………………………………

❏

Light goods vehicle (3.5 to 12 t) (1) (e) ❏ Lorry (more than 12 t ) (5)

(a)

❏

(f) ❏ Semi-trailer (6)

Trailer (2)

(b)

❏

(g) ❏ Articulated vehicle (7)

Road train (3)

(c)

❏

(4)

(d)

Bus or coach

7. Undertaking carrying out transport#address .…………………………………

8. Nationality ……………………………………………………………………

9. Driver …………………………………………………………………………

10.Checklist

checked

not

failed

checked

❏

❏

❏

braking system and components (1)

(a)

❏

❏

❏

exhaust system (1)

(b)

❏

❏

❏

smoke opacity (diesel) (1)

(c)

(d)

gaseous emissions (petrol, natural

❏

❏

❏

gas or liquefied petroleum gas (LPG) (1)

❏

❏

❏

(e) steering linkages

❏

❏

❏

(f) lamps, lighting and signalling devices

❏

❏

❏

(g) Wheels # tyres

❏

❏

❏

(h) suspension (visible defects) (8)

❏

❏

❏

(i) chassis (visible defects) (8)

❏

❏

❏

(j) tachograph (installation) (9)

❏

❏

❏

(k) speed limiting device (installation) (10)

❏

❏

❏

(l) evidence of fuel and#or oil spillage

11. Result of inspection>

❏

Ban on using the vehicle, which has serious defects

B

12. Miscellaneous#remarks

13. Authority#officer or inspector having carried out the inspection

Signature of testing authority#agent or inspector.

(1)

Motor vehicles with at least four wheels and used for the carriage of goods and

having a maximum mass exceeding 3.5 t but not exceeding 12 t (category N2)

(2)

Any vehicle intended to be coupled to a motor vehicle, with the exception of

semi-trailers, which because of its design and equipment is used for the carriage of

goods< trailers of a maximum mass exceeding 3.5 t but not exceeding 10 t (category

03)< trailers of a maximum mass exceeding 10 t (category 04).

(3)

Motor vehicle intended for the carriage of goods, with a maximum mass

exceeding 3.5 t (categories N2 and N3 coupled to a trailer (categories O3 and O4).

(4)

Motor vehicle with at least four wheels used for the carriage of passengers,

comprising more than eight seats in addition to the driver’s seat (cat. M2 and M3)

(5)

Motor vehicles with a least four wheels used for the carriage of goods and

having a maximum mass exceeding 12 t (category N3)

(6)

Any vehicle intended to be coupled to a motor vehicle in such a way that part

of the semi-trailer rests on the motor vehicle and a substantial part of its weight or of

the weight of its load is supported by that vehicle and which, because of its design and

equipment, is used for the carriage of goods (categories O3 and O4).

(7)

Towing vehicle coupled to a semi-trailer.

(8

Motor vehicles that operate nationally from 1 st January 2005

(9)

Motor vehicles that operate internationally only

(10)

Motor vehicles manufactured after 2002 or from 1 st January 2006 for nationally

operating vehicles manufactured 1988-2001

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

General amendment

relating to

Authorised Officer

and the Licensing

i) “Director”, wherever it appears in regulations 2, 8, 9,

and Testing

10, 11, 12, 13, 14, 15, 17, 19, 22, 25, and in paragraphs (b)

Directorate.

and (f) in the Sixth Schedule to the principal regulations shall

be substituted by the words “Authorised Officer”<

ii) “Licensing and Testing Department”, wherever it

appears in regulation 2 of the principal regulations, shall be

substituted by the word “Directorate”<

iii) “Department” wherever it appears in regulations 2,

13, 14, 15, 17, 19, 22, the Third Schedule, the Fourth Schedule,

the Fifth Schedule, paragraphs (a), (d), (e), (g), (j) and (p) of

the Sixth Schedule, paragraphs (a), (b) and (d) of the Seventh

Schedule, and the Title of the Ninth Schedule to the principal

regulations shall be substituted by the word “Directorate”.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

(Regulation 28)

RULES FOR TESTING AND#OR CHECKING BRAKING SYSTEMS AND

EXHAUST EMISSIONS

1. Specific conditions concerning brakes

It is required that every part of the braking system and its means of operation be

maintained in good and efficient working order and be properly adjusted. The vehicle’s

brakes must fulfil the following braking functions>

(a) For motor vehicles and their trailers and semi-trailers, a service brake

capable of slowing down the vehicle and of stopping it safely, rapidly and

efficiently, whatever its conditions of loading and whatever the upward or

downward gradient of the road on which it is moving<

(b) For motor vehicles and their trailers and semi-trailers a parking brake

capable of holding the vehicle stationary, whatever its condition of loading, and

whatever the upward or downward gradient of the road.

2. Specific conditions concerning exhaust emissions

2.1 Motor vehicles equipped with positive-ignition (petrol) engines

(a) Where the exhaust emissions are not controlled by an advanced

emission control system such as a three-way catalytic converter which is lambda-

probe controlled>

1. Visual inspection of the exhaust system in order to check that there

is no leakage<

2. if appropriate, visual inspection of the emission control system in

order to check that the required equipment has been fitted<

3. after a reasonable period of engine conditioning (taking account of

the vehicle manufacturer’s recommendations) the carbon monoxide (CO)

content of the exhaust gases is measured when the engine is idling (no load).

The maximum permissible CO content in the exhaust gases must not

exceed the following>

— for vehicles registered or put into service for the first time

between the date from which member States required the vehicles to

B

comply with Directive 70#220#EEC (1) and 1 October 1986> CO must

not exceed 4.5% vol.

— for vehicles registered or put into service for the first time after

1 October 1986> CO must not exceed 3.5% vol.

(b) where the exhaust emissions are controlled by an advanced emission

control system such as a three-way catalytic converter which is lambda-probe

controlled>

1. visual inspection of the exhaust system in order to check that there

are no leakages and that all parts are complete>

2. visual inspection of the emission control system in order to check

that the required equipment has been fitted>

3. Determination of the efficiency of the vehicle’s emission control

system by measurement of the lambda value and of the CO content of the

exhaust gases in accordance with section 4.

4. Exhaust pipe emissions – limit values

— measurement at engine idling speed> The maximum permissible

CO content in the exhaust gases must not exceed 0.5 % vol.,

— Measurement at high idling speed (no load), engine speed to be at

least 2 000 min –1 CO content> maximum 0.3 % vol., Lambda> 1 ± 0.03 or in

accordance with the manufacturer’s specifications.

Motor vehicle equipped with compression (ignition) (diesel) engines

Measurement of exhaust gas opacity with free acceleration (no load from idling

up to cut-off speed). The level of concentration must not exceed (1) the following limit

values of the coefficient of absorption>

Naturally aspirated diesel engines = 2,5 m -1

Turbo-charged diesel engines = 3,0 m -1

or equivalent values where use is made of equipment of a type different from

that complying with these requirements.

Vehicles registered or put into service for the first time before 1 January 1980 are

exempted from these requirements.

2.3

Test equipment

Vehicle emissions are tested using equipment designated to establish accurately

whether the limit values prescribed or indicated by the manufacturer have been complied

with.

(1)

Council Directive 70#220#EEC of 20 March 1970 on the approximation of the laws of the Member States

relating to measures to be taken against air pollution by emissions from motor vehicles (O) L 76, 6.4.1970, p.1).

Directive as last amended by Commission Directive 1999#102#EC (O) 334, 28.12.1999, p.43).”

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

(1) Regulation 9 of the principal regulations shall be Amends regulation

9 of the principal

renumbered as subregulation (1) of regulation 9 of the principal regulations.

regulations.

(2) Immediately after subregulation (1) of regulation 9 of the

principal regulations as renumbered there shall be inserted the following

new subregulation>

“(2) The authorisation referred to in subregulation (1)

hereof shall be subject to the payment of two hundred and

fifty liri (Lm 250) as an annual licence fee per testing station.”.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

In subregulation (4) of regulation 13 of the principal Amends regulation

13 of the principal

regulations, for the words “as specified in the Police Licences regulations.

Regulations” there shall be substituted the words “of ten liri (Lm 10)”.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

(2) Immediately after regulation 25 there shall be inserted the

following heading>

“Part VIII

Roadside Technical Inspection of Certain Vehicles”.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

(1) Immediately after regulation 25 of the principal regulations

there shall be added the following new regulations>

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

Class IIA vehicles (used for the transport of

vehicles to be

passengers) and Class III vehicles, as defined in the Second

Schedule to these regulations, whether registered in Malta or

in another country, shall be subjected to random roadside

technical inspection when circulating on the public highway

in Malta.”.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

Technical roadside inspections shall comprise one

or more of the following aspects>

(a) Visual assessment of the maintenance condition

of the vehicle when stationary<

(b) Check of documentation relating to

roadworthiness test or most recent technical inspection

report<

(c) Inspection of irregularities covering one or more

of the items in the checklist in the Tenth Schedule.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

An inspection of braking systems and exhaust

Inspection of

emissions shall be carried out in accordance with rules laid

down in the Eleventh Schedule.

Malta Government Gazette — Legal Notice 2003 159 — Regulations, 2003

Items contained in the Tenth Schedule may be

exempted from inspection if such items were checked and

passed the roadworthiness test or a technical roadside

inspection during the preceding three months.”.

8. The First Schedule to the principal regulations shall be

amended as follows>

(a) In paragraph A for the words “The requirements issued

under the Vehicle Inspectorate of the United Kingdom as contained

in the following manuals” there shall be substituted the words “The

requirements issued under the Vehicle Inspectorate of the United

Kingdom as contained in the following manuals and their

subsequent updates and amendments”.

(b) Paragraph B shall be renumbered as paragraph C.

(c) Immediately after paragraph A there shall be inserted the

following new paragraph> “ B - the requirements in connection

with public service vehicles that may be issued from time to time

by the Authority.”.

(d) Immediately after the newly renumbered paragraph C

there shall be inserted the following new paragraph>-

“D. Functional testing of speed limitation devices.

All Class III vehicles that, under the Motor Vehicles (Weights,

Dimensions and Equipment) Regulations, 2003, are required to be

equipped with a speed limitation device, shall be checked wherever

practical, to ensure that the speed limitation devices are fully

operational and that the following maximum speed limits are set

for the following vehicle categories>

- Commercial vehicles at 86 kph

- Commercial vehicles used nationally for the carriage

of dangerous goods at a maximum of 86 kph

- Vehicles used for national transport of passengers at

100 kph.”.

9. The first paragraph of the Sixth Schedule to the principal Amends the Sixth

Schedule to the

regulations shall be deleted and the following new paragraph shall be principal regulations

inserted as the first paragraph of the said schedule>

“Operators of testing stations shall sign a contract with

the Authorised Officer, in which they agree to accept

conditions mentioned hereunder, and provide either>

i) a bank guarantee of Lm10,000 for each station<

or

ii) a collective bank guarantee of not less than

Lm35,000 provided severally between all the stations

that elect to give this guarantee,

and, in any case, if in the opinion of the Authorised

Officer, the operator would have violated the contract, that

same operator shall deposit the amount of Lm5,000 in favour

of the Authorised Officer, in the absence of which, the said

Officer can take action in order to be paid from the individual

or collective guarantee, as the case may be, and the operator

shall immediately deposit the sum so that the guarantee is

returned to the original sum< in the case of a second offence,

the operator loses the guarantee (Lm10,000) and the

Authorised Officer shall withdraw the licence relating to the

station.”.

10. The Eighth Schedule of the principal regulations shall be

principal regulations amended as follows>

(a) in Class III, for the words “Motor Vehicles used for the

road carriage of goods (commercial vehicles) - g.k.w. is 3,500kgs

and 13.00 B” there shall be substituted the words>

“Motor Vehicles used for the road carriage of goods

(commercial vehicles) - g.k.w. is 3,500kgs and

- New

13.00 B

- Other (Second-hand imported vehicles )

13.00 F ”<

(b) immediately after the words “E. On first registration in

Malta, and thereafter according to the above categories” there shall

be inserted the following new note>

“F. On first registration in Malta, the vehicle has to be

accompanied by either a local VRT passed test certificate or

an equivalent certificate (based on the requirements of EU

Council Directive 96#96#EC and its subsequent amendments)

issued by the competent authority of any State within the

European Economic Area. These vehicles are required to be

tested annually thereafter.”.

11. For the Ninth Schedule to the principal regulations there shall

be substituted the following>

B

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