Regulations, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,341, 17 ta’ Jannar, 2003

L.N. 28 of 2003

PRODUCT SAFETY ACT

(ACT NO. V OF 2001)

Two or Three-Wheel Motor Vehicles (EC Type-Approval)

Regulations, 2003

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, 2001, the Minister for Economic Services, on the

advice of the Malta Standards Authority, has made the following

regulations>-

1. The title of these regulations is the Two or Three-Wheel Citation and

commencement.

Motor Vehicles (EC Type-Approval) Regulations, 2003.

1.2. These regulations shall become operative on the 9 th

November, 2003, hereafter referred to as the effective date>

1.2.1. Provided that, at the request of the manufacturer, the

previous model of the certificate of conformity may still be used

for twelve months following the effective date>

1.2.2. Provided that as from 9 th May 2003, the first entry

into service of vehicles complying with these regulations shall not

be prohibited>

1.2.3. Provided that these regulations shall not invalidate

any approvals granted before 9 th November 2003, nor prevent

extension of such approvals under the terms of the Directive under

which they were originally granted. However, as from 9 th November

2004 certificates of conformity issued by the manufacturer shall

comply with the model specified in Annex IV of the Directive,

reproduced as Schedule IV hereto>

1.2.4. Provided that the Malta Transport Authority, set up

under the provisions of the Malta Transport Authority Act, shall

act as the Maltese ‘approval authority’ in terms of regulation 3.1.13

of these regulations, from such date as the Minister responsible

for consumer affairs, after consultation with the Malta Standards

Authority and the Malta Transport Authority, may prescribe>

1.2.5. Provided that the requirement to provide information to

the European Commission, referred to in regulation 12.1.2 of these

regulations, shall come into force on such date as the Minister responsible

for consumer affairs, after consultation with the Malta Standards

Authority, may prescribe.

1.3. LN 96 of 2002> Two or Three-Wheel Motor Vehicles (EC

Type-Approval) Regulations, 2002 are hereby repealed as from the

effective date.

1. These regulations shall apply to all two or three-wheel motor

vehicles, whether twin-wheeled or otherwise, intended to travel on the

road, and to the components or separate technical units of such vehicles.

2.1.1. These regulations do not apply to the following vehicles>

- vehicles with a maximum design speed not exceeding 6

km#h,

- vehicles intended for pedestrian control,

- vehicles intended for use by the physically handicapped,

- vehicles intended for use in competitions, on roads or in

off-road conditions,

- vehicles already in use before the application date of

Directive 92#61#EEC,

- tractors and machines, used for agricultural or similar

purposes,

- vehicles designed primarily for off-road leisure use having

wheels arranged symmetrically with one wheel at the front of the

vehicle and two at the rear,

- cycles with pedal assistance which are equipped with an

auxiliary electric motor having a maximum continuous rated power

of 0.25 kw, of which the output is progressively reduced and finally

cut off as the vehicle reaches a speed of 25 km#h, or sooner, if the

cyclist stops pedalling,

nor to the components or technical units thereof unless they are

intended to be fitted to vehicles covered by the Directive.

2.1.2. These regulations do not apply either to the type-

approval of single vehicles except that Member States granting

such approvals shall accept any type-approval of components and

separate technical units granted under the Directive instead of under

the relevant national requirements.

2.2. The vehicles referred to in regulations 2.1, 2.1.1 and

2.1.2 shall be subdivided into>

- moped, i.e. two or three-wheel vehicles (category L1e) or

three wheel vehicles (category L2e) with a maximum design speed

of not more than 45 km#h, and characterized by>

(i) in the case of the two-wheel type, an engine whose>

- cylinder capacity does not exceed 50 cm 3 in the case of the

internal combustion type, or

- maximum continuous rated power is no more than 4 kW in

the case of an electric motor<

(ii) in the case of the three-wheel type, an engine whose>

- cylinder capacity does not exceed 50 cm 3 if of the spark

(positive) ignition type, or

- maximum net power output does not exceed 4 kW in the

case of other internal combustion engines, or

- maximum continuous rated power does not exceed 4 kW in

the case of an electric motor<

- motorcycles, i.e. two-wheel vehicles with or without sidecar

(category L3e) or with a sidecar (category L4e), fitted with an

engine having a cylinder capacity of more than 50 cm 3 if of the

internal combustion type and#or having a maximum design speed

of more than 45 km#h,

- motor tricycles, i.e. vehicles with three symmetrically

arranged wheels (category L5e) fitted with an engine having a

cylinder capacity of more than 50 cm 3 if of the internal combustion

type and#or a maximum design speed of more than 45 km#h.

2.3. These regulations shall also apply to quadricycles, i.e. motor

vehicles with four wheels having the following characteristics>

(a) light quadricycles whose unladen mass is less than 350 kg

(category L6e), not including the mass of batteries in case of electric

vehicles, whose maximum design speed is not more than 45 km#h

and

— whose engine cylinder capacity does not exceed 50 cm 3

for spark (positive)ignition engines or

— whose maximum net power output does not exceed 4 kW

in the case of other internal combustion engines, or

— whose maximum continuous rated power does not exceed

4 kW in the case of an electric motor.

These vehicles shall fulfil the technical requirements applicable to

three-wheel mopeds of category L2e unless specified differently in any

of the separate directives<

(b) quadricycles, other than those referred to in (a), whose

unladen mass is not more than 400 kg (catgory L7e) (550 kg for

vehicles intended for carrying goods), not including the mass of

batteries in the case of electric vehicles, and whose maximum net

engine power does not exceed 15 kW. These vehicles shall be

considered to be motor tricycles and shall fulfil the technical

requirements applicable to motor tricycles of category L5e unless

specified differently in any of the separate Directives.

1. For the purposes of these regulations, the following

definitions shall apply>

3.1.1. ‘the Directive’ means Directive 2002#24#EC 1 of the

European Parliament and of the Council of 18 March 2002 relating

to the type-approval of two or three-wheel motor vehicles and

repealing Council Directive 92#61#EEC<

3.1.1.1. ‘separate Directive’ means a Directive

specified in Annex I or III to the Directive (reproduced as

Schedule I or III hereto)<

3.1.2. ‘type of vehicle’ means either a vehicle or a group

of vehicles (variants) which>

OJ No L 124#1 of May 9, 2002

OJ No L 225 of August 10, 1992

(a) belong to a single category (two-wheel moped L1e,

three-wheel moped L2e, etc., as defined in regulations 2.1,

2.1.1 and 2.1.2 of these regulations)<

(b) are constructed by the same manufacturer<

(c) have the same chassis, frame, sub-frame, floor pan

or structure to which major components are attached<

(d) have a power unit with the same principle of operation

(internal combustion, electric, hybrid, etc.)<

(e) have the same type designation given by the

manufacturer.

3.1.2.1. A type of vehicle may include variants and

versions<

3.1.3. ‘variant’ means either a vehicle or a group of vehicles

(versions) being of the same type where>

(a) they have the same shape of the bodywork (basic

characteristics)<

(b) within the group of vehicles (versions) the difference

in the mass in running order between the lowest value and

the highest value does not exceed 20 % of the lowest value<

(c) within the group of vehicles (versions) the difference

in the maximum permissible mass between the lowest value

and the highest value does not exceed 20 % of the lowest

value<

(d) they have the same operating cycle (two or four

stroke, spark ignition or compression ignition)<

(e) within the group of vehicles (versions) the difference

in the cylinder capacity of the power unit (in the case of an

internal combustion unit) between the lowest value and the

highest value does not exceed 30 % of the lowest value<

(f) have the same number and arrangement of cylinders<

(g) within the group of vehicles (versions) the difference

in the power output of the power unit between the lowest

value and the highest value does not exceed 30 % of the lowest

value<

(h) have the same operating mode (of electric motors)<

(i) have the same type of gearbox (manual, automatic,

etc.)<

3.1.4. ‘version’ means a vehicle of the same type and variant

but which may incorporate any of the equipment, components or

systems listed in the information document in Annex II of the

Directive which is set out as Schedule II hereto, provided that there

is only>

(a) one value quoted for>

(i) the mass in running order<

(ii) the maximum permissible mass<

(iii) the power output of the power unit<

(iv) the cylinder capacity of the power unit< and

(b) one set of test results quoted in accordance with

Annex VII of the Directive, which is set out as Schedule VII

hereto<

3.1.5. ‘system’ means any vehicle system such as brakes,

emission control equipment, etc. which is subject to the

requirements laid down in any of the separate directives<

3.1.6. ‘separate technical unit’ means a device, such as a

replacement exhaust system silencer, subject to the requirements

of a separate directive, intended to be part of a vehicle, which may

be type-approved separately but only in relation to one or more

specified types of vehicles, where the separate directive makes

express provision for so doing<

3.1.7. ‘component’ means a device, such as a lamp, subject

to the requirements of a separate directive, intended to be part of a

vehicle, which may be type-approved independently of a vehicle,

where the separate directive makes express provision for so doing<

3.1.8. ‘type-approval’ means the procedure whereby a

Member State certifies that a type of vehicle satisfies the technical

requirements set out in the directive or the separate directives and

the checks on the correctness of the manufacturer’s data, as

provided for in the exhaustive list set out in Annex I of the Directive,

reproduced as Schedule I hereto<

3.1.9. ‘twinned wheels’ means two wheels mounted on the

same axle, the distance between the centres of their areas of contact

with the ground being less than 460 mm. Twinned wheels shall be

considered as one wheel<

3.1.10. ‘twin-propulsion vehicles’ means vehicles with two

different systems of propulsion, for example an electric system

and a thermic system<

3.1.11. ‘manufacturer’ means the person or body responsible

to the approval authority for all aspects of the type-approval process

and for ensuring conformity of production. It is not essential that

the person or body is directly involved in all stages of the

construction of the vehicle, component or separate technical unit

covered by the approval process<

3.1.12. ‘technical service’ means the organisation or body

that has been appointed as a testing laboratory to carry out tests or

inspections on behalf of the approval authority of a Member State.

This function may also be carried out by the approval authority

itself.

3.1.13. ‘approval authority’ means the competent authority

of a Member State which is responsible for all aspects of type-

approval of a type of vehicle, system, component or separate

technical unit, to issue and (if appropriate) to withdraw approval

certificates, to serve as the contact point with the approval

authorities of the other Member States and which is responsible

for verifying the manufacturer’s conformity of production

arrangements,

1. Applications for type-approval shall be submitted by the Procedures

granting Type-

manufacturer to the approval authority. They shall be accompanied by Approval.

an information document, a model of which, for vehicle type-approval

purposes, is set out in Annex II of the Directive (reproduced as Schedule

II hereto) and, for type-approval purposes of systems, separate technical

units or components, is contained in an Annex or Appendix to the

relevant system, separate technical unit or component directive, and

also by the other documents referred to in the information document.

4.1.1. Applications for a given type of vehicle, separate

technical unit or component may be submitted to one Member

State only.

4.2. The approval authority shall grant type-approval to all

types of vehicle, systems, separate technical units or components if

these meet the following conditions>

4.2.1. the type of vehicle meets the technical requirements

of the separate directives and is as described by the manufacturer

in accordance with the data provided for in the exhaustive list set

out in Annex I of the Directive, reproduced as Schedule I hereto<

4.2.2. the system, separate technical unit or component

meets the technical requirements of the relevant separate directive

and is as described by the manufacturer in accordance with the

data provided for in the exhaustive list set out in Annex I of the

Directive, reproduced as Schedule I hereto.

4.3. Before conducting type-approval, the approval authority

shall take all necessary steps to ensure, if necessary in cooperation with

the competent authorities in the Member State where manufacturing

takes place or the product is brought into the Community, that there is

compliance with the provisions of Annex VI of the Directive, reproduced

as Schedule VI hereto, in order that the new vehicles, systems, separate

technical units or components manufactured, placed on the market,

offered for sale or put into service, conform to the approved type.

4.4. The approval authority referred to in regulation 4.3 of

these regulations shall ensure, if necessary in cooperation with the

competent authorities in the Member State where manufacturing takes

place or the product is brought into the Community that the provisions

of Annex VI of the Directive, reproduced as Schedule VI hereto, continue

to be observed.

4.5. Where an application for type-approval for a type of

vehicle is accompanied by one or more type-approval certificates of a

system, separate technical or component unit issued by one or more

Member States, the approval authority shall be obliged to accept them

and shall not perform, in respect of the systems, separate technical units

and#or components which have been type-approved, the checks required

by regulation 4.2.2 of these regulations.

4.6. Each Member State shall be responsible for the type-

approval of a system, separate technical unit or component that it grants.

The competent authorities in the Member State which grant type-

approval for a type of vehicle shall check conformity of production,

where necessary in cooperation with those competent authorities in the

other Member States which have issued type-approval certificates for

systems, separate technical unit or components.

4.7. However, if a Member State finds that a vehicle, system,

separate technical unit or component which complies with the provisions

of regulation 4.2 of these regulations is nevertheless a serious risk to

road safety, it may refuse to grant the type-approval. It shall forthwith

inform the other Member States and the Commission thereof, stating

the reasons on which its decision is based.

1. The approval authority shall complete the type-approval form The Type-Approval

Process.

contained in Annex III of the Directive, which is set out as Schedule III

to these regulations, for all types of vehicles in respect of which it

conducts type-approval, and in addition shall enter the test results under

the relevant headings on the form attached to the vehicle approval form,

the model for which is given in Annex VII, which is set out as Schedule

VII to these regulations.

5.1.1. The approval authority shall complete the type

approval form contained in an Annex or an Appendix to each

relevant separate directive, for each type of system, separate

technical unit or component in respect of which it conducts type-

approval.

5.1.2. Type-approval certificates of a system, separate

technical unit or component shall be numbered in accordance with

the method described in Annex V, Part A, which is set out in

Schedule V hereto.

5.2. The approval authority shall forward to those of the

other Member States, within one month, a copy of the type-approval

certificate together with the annexes for each type of vehicle that it

type-approve or refuse to type-approve.

5.2.1. The approval authority shall send monthly to the

competent authorities of the other Member States, a list of the type-

approvals of a system, separate technical unit or component, which

it has granted or refused to grant during that month.

5.2.2. In addition, at the request of a competent authority

of another Member State, it shall send forthwith a copy of the

type-approval certificate together with the annexes for each type

of system, separate technical unit or component.

1. A certificate of conformity, a model of which is shown in

Annex IV-A of the Directive (reproduced as Schedule IV-A hereto)

shall be completed by the manufacturer for each vehicle produced in

conformity with the type that has been approved. Such a certificate

shall accompany each vehicle.

6.1.1. However, for reasons of vehicle taxation 3 or in order

to draw up the vehicle registration document, it may be requested,

after giving at least three months’ notice to the Commission and

other Member States, that the certificate of conformity shall contain

details other than those mentioned in Annex IV-A of the Directive

(reproduced as Schedule IV-A hereto), provided that those details

are explicitly included in the information document.

6.1.2. The certificate of conformity shall be made in such a

way as to prevent any forgery. For this purpose, the printing shall

be made on paper protected either by coloured graphics or

watermarked with the vehicle manufacturer’s identification mark.

6.2. A certificate of conformity, a model of which is shown

in Annex IV-B of the Directive (reproduced as Schedule IV-B hereto),

shall be completed by the manufacturer for each non-original separate

technical unit or component manufactured in conformity with the

approved type.

6.2.1. That certificate is not required for original separate

technical units or for components.

6.3. Where the separate technical unit or component to be

type-approved performs its function or displays a specific characteristic

only in conjunction with other components of the vehicle and for this

reason compliance with one or more requirements can be verified only

when that separate technical unit or component to be approved functions

in conjunction with other vehicle components whether real or simulated,

the scope of the component type-approval of that separate technical

unit or component must be restricted accordingly.

6.3.1. The type-approval certificate for a separate technical

unit or component shall then set out any restrictions on use and

any instructions for fitting it.

The Motor Vehicles Registration Tax Act, Cap. 368.

Pending the harmonization of registration and taxation systems in the Member States in relation to vehicles covered

by the Directive, Member States may use national code systems in order to facilitate registration and taxation in

their territory. Member States may also request that the certificate of conformity be supplemented by the national

6.3.2. Compliance with these restrictions and requirements

shall be verified when the vehicle is type-approved.

6.4. Without prejudice to regulation 6.2 of these regulations,

the holder of a type-approval for a separate technical unit or component

that has been granted under regulations 4.2 to 4.7 of these regulations

shall be obliged to affix to each such separate technical unit or component

manufactured in conformity with the approved type, his factory or trade

mark, a statement of the type and, if the separate directive so requires,

the component type-approval mark referred to in regulations 7.1, 7.2,

2.1 and 7.2.2 of these regulations .

6.4.1. In this latter case, he is not required to complete the

certificate provided for in regulation 6.2.

6.5. Any holder of a type-approval certificate for a separate

technical unit or component which, under regulation 6.3, contains

restrictions on use, must supply detailed information on those restrictions

and must give fitting instructions, where appropriate, with each separate

technical unit or component manufactured.

6.6. Any holder of a type-approval certificate for a separate

technical unit of non-original equipment, issued in connection with one

or more types of vehicle, must with each such unit supply detailed

information allowing those vehicles to be identified.

7.1. Any vehicle produced in conformity with the type which Type-Approval

Mark.

has been type-approved shall bear a type-approval mark composed in

accordance with Section 1, Section 3 and Section 4 of the type-approval

number, set out in Annex V, Part A of the Directive, reproduced as

Schedule V, Part A of these regulations.

7.2. Any separate technical unit and any component

produced in conformity with the type having been type-approved shall

include, if the relevant separate directive so provides, a type-approval

mark which meets the requirements set out in Annex V, Part B of the

Directive, reproduced as Schedule V, Part B hereto.

7.2.1. The type-approval number listed in Annex V, Part

B, paragraph 1.2 of the Directive, reproduced as Schedule V, Part

B, paragraph 1.2 of these regulations, shall be composed in

accordance with Section 4 of the type-approval number set out in

Annex V, Part A, reproduced as Schedule V, Part A hereto.

7.2.2. The information contained in that component type-

approval mark may be supplemented by further information

enabling certain characteristics which are specific to the separate

technical unit or component at issue to be identified.

7.2.3. That further information shall, where appropriate, be

specified in the separate directives on those separate technical units

or components.

1. On grounds relating to the construction and functioning of

new vehicles, their registration, sale or entry into service shall only be

permitted if, and only if, they are accompanied by a valid certificate of

conformity.

8.1.1. The market, sale, entry into service or use of new

vehicles complying with these regulations shall not be prohibited.

8.1.2. Only vehicles complying with these regulations may

be presented for initial registration.

8.2. The placing on the market, sale or use of new separate

technical units or new components complying with these regulations

shall not be prohibited.

8.2.1. Only separate technical units and components

complying with these regulations may be placed on the market

and sold for the first time for use in Malta.

8.3. These regulations shall not affect the right of the Maltese

authorities to lay down - in accordance with the Treaty - the requirements

which they consider necessary to ensure the protection of users during

the use of the vehicles in question, provided that this does not entail

modification to the vehicles.

8.4. By way of derogation from regulations 8.1.1, 8.1.2, 8.2

and 8.2.1 and within the limits set out in Annex VIII of the Directive,

reproduced as Schedule VIII hereto, the approval authority may, for a

limited period, register and permit the sale or entry into service of new

vehicles conforming to a type of vehicle whose type-approval is no

longer valid. This option shall be limited to a period of 12 months as

from the date on which the type-approval lost its validity.

8.4.1. Regulation 8.4 of these regulations shall apply only

to vehicles which were in the territory of the Community and were

accompanied by a valid certificate of conformity which had been

issued when the type-approval of the vehicle in question was still

valid, but which had not been registered or put into service before

the said type-approval lost its validity.

8.5. Before regulations 8.4 and 8.4.1 of these regulations

may be applied to one or more types of a given category, the

manufacturer shall submit a request to the approval authority concerned

by the entry into service of such types of vehicle. The request shall

specify the technical and#or economic reasons justifying it.

8.5.1. Within three months such approval authority shall

decide whether, and for how many units, it will accept the vehicle

type concerned for registration in its territory. The approval

authority concerned by the entry into service of such types of

vehicle shall be responsible for ensuring that the manufacturer

complies with the provisions of Annex VIII of the Directive,

reproduced as Schedule VIII hereto. The approval authority shall

send the Commission every year a list of exemptions granted.

8.6. As regards vehicles, components or separate technical

units incorporating technologies or concepts which cannot, due to their

specific nature, comply with one or more of the requirements of one or

more of the separate Directives, point (c) of Article 8(2) of Directive

70#156#EEC and regulation 12.5 of LN 95 of 2002> Motor Vehicles

(EC Type Approval) Regulations, 2002 shall apply.

1. By way of derogation from regulations 8.1, 8.1.1, 8.2 and Exemptions.

8.2.1>

9.1.1. vehicles, systems, separate technical units and

components intended>

- either for production in small series of up to a maximum

of 200 units a year per type of vehicle, per system, per

component or per separate technical unit<

- or for the armed forces, law enforcement agencies, civil

defence services, fire brigades or public-works bodies,

may be exempted from compliance with any of the

requirements of the separate directives. The other Member States

shall be informed of these exemptions within one month of their

being granted<

9.1.1.1. Within three months these Member States shall

decide whether they accept the type-approval for vehicles to

be registered within their territory. The certificate of such

type-approval may not bear the heading ‘EC type-approval

certificate’<

9.1.2. type-approval certificates issued at national level

before 17 June 1999 shall remain valid within the Member States

issuing them for a period of four years from the date on which

national laws are required to comply with the relevant directives.

The same period is also extended to types of vehicles, systems,

components or technical entities conforming to national

requirements of Member States applying other legislative systems

than those for type-approval in force before the implementation of

the relevant directives.

9.1.2.1 Vehicles covered by the latter exemption may

be placed on the market, sold and entered into service during

this period with no time limit on their use. The placing on

the market, sale and use of systems, separate technical units

and components for these vehicles shall carry no time limit.

1. The manufacturer shall be responsible for the manufacture

of each vehicle or the production of each system, separate technical

unit or component in compliance with the approved type . The final

cessation of production or any changes to the information contained in

the information document must be notified by the type-approval holder

to the approval authority which issued that type-approval.

10.1.1. If the approval authority referred to in regulation

10.1 of these regulations considers that a change of this type does

not involve any change to the existing type-approval certificate,

or the drawing up of a new type-approval certificate, it shall inform

the manufacturer accordingly.

10.1.2. If the approval authority referred to in

regulation 10.1 of these regulations confirms that a change in

the information set out in the information document justifies

new checks or new tests, it shall inform the manufacturer

accordingly and shall perform those tests. Should the checks

or tests involve amendments to the existing type-approval

certificate or the drawing up of a new certificate, the approval

authority shall inform the competent authorities of the other

Member States in accordance with regulations 5.2, 5.2.1 and

5.2.2 of these regulations.

10.2. Where the particulars appearing in the information

document for vehicle approval have changed, the manufacturer shall

issue revised pages to the approval authority showing clearly the nature

of the change and the date of re-issue.

10.2.1. Only where the changes made to the

information document necessitate the amendment of one or

more of the entries given in the certificate of conformity in

Annex IV of the Directive, reproduced as Schedule IV hereto

(except items 19.1 and 45 to 51 inclusive), shall the reference

number on the information document be changed.

10.3. Where a type-approval certificate ceases to have effect

as a result of final cessation of production of the type of vehicle which

has been approved or of the system or of the separate technical unit or

component which has been type-approved, the approval authority which

has carried out that type-approval shall inform the competent authorities

in the other Member States within one month.

1. If the approval authority which has conducted type-approval Nonconformity with

the approved type.

finds that vehicles, systems, separate technical units or components do

not conform to the approved type, it shall take the necessary measures

to ensure that the production of any item that has been type-approved is

again in conformity.

11.1.1. The approval authority shall inform the

authorities in the other Member States of the measures taken

which may, where necessary, extend to the withdrawal of type-

approval.

11.2. If the approval authority finds that vehicles, systems,

separate technical units or components do not conform to the

approved type, it may request the Member State which has

conducted the type-approval to verify the irregularities found.

11.2.1. Any Member State which has conducted type-

approval shall conduct the necessary check within six months

following the date of receipt of that request.

11.2.2. Should a failure to conform be established, the

competent authorities in the Member State which has

conducted type-approval shall take the measures set out in

regulations 11.1 and 11.1.1 of these regulations.

11.3. The competent authorities in the Member States shall

inform each other, within one month, of the withdrawal of any

type-approval granted and of the reasons for such measure.

11.4. If the Member State which has granted type-approval

disputes the failure to conform notified to it, the Member States

involved shall endeavour to resolve the matter. The Commission

shall be kept informed and, where necessary, shall hold appropriate

consultations in order to reach a settlement.

1. If it is found that vehicles, systems, separate technical units

or components constitute a road safety hazard, even though they are of

an approved type, the sale, entry into service or use thereof on the Maltese

territory may, for a maximum period of six months, be prohibited.

12.1.1. The Consumer and Industrial Goods

Directorate 4 of the Malta Standards Authority shall be

informed forthwith and with the reasons for such decision.

12.1.2. The Consumer and Industrial Goods

Directorate of the Malta Standards Authority shall

immediately inform the Commission and other Member States

of any measures taken in pursuance of regulation 12.1 of these

regulations.

12.2. Any decision concerning the refusal or withdrawal of

type-approval, a ban on the sale or use of a vehicle, separate

technical unit or component taken in pursuance of the provisions

adopted in implementation of these regulations shall state in detail

the reasons on which it is based.

12.2.1. It shall be notified to the party concerned, who

shall, at the same time, be informed of the remedies available

under the laws in force in Malta and of the time limits allowed

for the exercise of such remedies.

1. Copies of EEC and EC Directives referred to in these

regulations and listed in Schedule XI to these regulations can be obtained

from the Consumer and Industrial Goods Directorate of the Malta

Standards Authority.

L.N. 213 of 2000 – Malta Standards Authority (Establishment of Directorates) Order, 2000, published in the

Government Gazette No. 17,002 of 20 th October, 2000.