Motor Vehicles (Driving Licences) (Amendment) Regulations,

L.N. 14 of 2004

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Driving Licences) (Amendment) Regulations,

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

Regulation Ordinance, the Minister for Transport and Communications

has, in consultation with the Malta Transport Authority, made the

following regulations> -

(1) The title of these regulations is the Motor Vehicles

(Driving Licences) (Amendment) Regulations, 2004 and they shall be

read and construed as one with the Motor Vehicles (Driving Licences)

Regulations, 2002, hereinafter referred to as “the principal regulations”.

(2) These regulations shall come into force on 15th January,

2004 in respect of all regulations other than the provisions of regulation

6 hereof which shall come into force on the 29th March, 2004.

Regulation 2 of the principal regulations shall be amended as

follows>

(a)

the definition of “authorised operator” shall be deleted<

(b) immediately after the definition of “licensed driving

instructor” there shall be inserted the following new definition>

“ “licensed operator” means an individual, partnership

or company licensed by the competent authority in accordance

with these regulations to operate a motoring school<”< and

(c) for the definition of “dual control system” there shall be

substituted the following new definition>

“ “dual control system” means a system with double

clutch controls and double foot brake controls and which may

include two steering wheels<”.

For regulation 18 of the principal regulations there shall be

substituted the following>

“18. Only applicants who have attained their eighteenth

birthday shall be eligible to sit for the theory test.”.

For regulation 20 of the principal regulations there shall be Substitutes

regulation 20 of the

substituted the following>

principal

regiulations.

“20. Only applicants who have attained their eighteenth

birthday shall be entitled to a standard learner’s permit.”.

For regulation 22 of the principal regulations there shall be Substitutes

regulation 22 of the

substituted the following>

principal

regulations.

“22. Only applicants who are in possession of a valid

driving licence in category B and have held such licence for at

least one year, shall be entitled to an advanced learner’s permit.”.

Regulation 25 of the principal regulations shall be renumbered Amends regulation

25 of the principal

as sub-regulation (1) thereof and immediately after the said sub- regulations.

regulation (1) there shall be inserted the following new sub-regulations>

“(2) A person who is sitting for his test of skills and

behaviour may choose to be accompanied by a third party>

Provided that such accompanying third party shall not,

throughout the duration of the test, communicate with the examiner

or the person doing the test, or act in any way that may interfere

with or influence the test procedure or outcome.

(3) A breach of the proviso of sub-regulation (2) hereof,

shall lead, at the examiner’s discretion, to the immediate

interruption of the test by the examiner and the recording of a

negative result.”.

For regulation 26 of the principal regulations there shall be Substitutes

regulation 26 of the

substituted the following>

principal

regulations.

“26.

The vehicles used in the test of skills and behaviour

shall>

(a) comply with the minimum technical requirements

as indicated in the Third Schedule,

(b) be covered by a valid VRT certificate,

(c)

display a valid road licence disc,

(d) display the learner plates stipulated by sub-

regulation 50(1) of these regulations, and

(e) have a valid insurance covering the use of the said

vehicles for driving lessons and also for the Tests of Skills

and Behaviour.”.

For regulation 32 of the principal regulations there shall be

substituted the following>

“32. New drivers who pass their driving tests shall be

granted a probationary driving licence, against payment, for a

period of three years. The probationary driving licence shall consist

of two parts, namely a plastic photocard and its paper counterpart.”.

For regulation 33 of the principal regulations there shall be

substituted the following>

“33. A penalty point system shall apply for all drivers

holding a probationary driving licence, for any of the licence

categories listed in the Second Schedule.”.

For regulation 34 of the principal regulations there shall be

substituted the following>

“34. (1) For each contravention, penalty points, as

indicated in the Sixth Schedule, shall be imposed by the Court of

Magistrates or by the Commissioners for Justice, as the case may

be, and recorded on the driver’s counterpart probationary driving

licence.

(2) The holder of a probationary driving licence shall

be required to surrender the probationary driving licence

counterpart to the competent authority within ten working days

from the date of his conviction for the contravention, or within ten

working days of the payment of the pecuniary penalty, by the

offender, as provided in article 25 of the Traffic Regulation

Ordinance or in article 14 of the Commissioners for Justice Act,

as the case may be, to have the penalty points recorded on it.

(3) Where the holder admits the offence and pays the

relative pecuniary penalty in accordance with the special procedure

established in article 25 of the Traffic Regulation Ordinance or in

article 14 of the Commissioners for Justice Act, as the case may

be, the competent authority shall record, on the driver’s

probationary driving licence counterpart, the minimum penalty

points as indicated in the Sixth Schedule for the particular offence.

(4) A probationary driving licence holder who

contravenes the provisions of subregulation (2) shall be, on

conviction, liable to have his probationary driving licence revoked

or suspended, as the Court of Magistrates may deem fit.

(5) It shall be the duty of the registrar of the court, or

the clerk of the tribunal, which delivers judgement to input the

penalty points incurred under the said judgement into a

computerised database set up for such a purpose by the competent

authority.

(6) When a holder of a probationary driving licence is

requested to appear before a court or tribunal on charges of having

committed any of the offences included in the Sixth Schedule, he

shall be in possession of the said licence and the counterpart of

such licence and the presiding Magistrate or Commissioner of

Justice shall have the power to confiscate the said licence if the

aggregate penalty points recorded on the counterpart of such licence

together with the penalty points awarded by the judgement

delivered by such Magistrate or Commissioner of Justice add up

to twelve or more.”.

For regulation 35 of the principal regulations there shall be Substitutes

regulation 35 of the

substituted the following>

principal

regulations.

“35. A probationary driving licence shall be revoked if at

any time during the three-year probationary period, its holder

accumulates in aggregate twelve penalty points or more.”.

For regulation 36 of the principal regulations there shall be Substitutes

regulation 36 of the

substituted the following>

principal

regulations.

“36. A driver whose probationary driving licence has been

revoked in virtue of the last preceding regulation, may only apply

for a new probationary driving licence after the expiration of three

months from such revocation by submitting a fresh application in

terms of Part III of these regulations.”.

In regulation 45 of the principal regulations for the words Amends regulation

45 of the principal

“Licences Act.” there shall be substituted the words “Licences Act>” regulations.

and immediately thereafter there shall be inserted the following proviso>

“Provided that the competent authority shall charge an

administrative fee of not more than Lm13 for the provision of the

Theory Test.”.

Regulation 50 of the principal regulations shall be amended

as follows>-

(a) in sub-regulation (2) thereof, immediately after the words

“white background” there shall be inserted the words> “and should

be visible from the front and the rear of the vehicle”< and

(b) immediately after sub-regulation (2) thereof there shall

be inserted the following new sub-regulations>

“(3) No person shall act as a non-licensed driving

instructor unless such person>

(i) has reached the age of 25 years,

(ii) is in possession of a valid full driving licence

covering the category of vehicle being used by the learner

driver and shall have been in possession of such a licence

for no less than five years.

(4) A non-licensed driving instructor must ensure that

the vehicle used for the purpose of instructing the learner

driver shall be covered by an appropriate insurance cover for

such purpose.”.

In regulations 59, 61, 62 and 63 of the principal regulations

the words “authorised operator” wherever they appear shall be

substituted by the words “licensed operator”.

For the Second Schedule to the principal regulations there

shall be substituted the following>-

“SECOND SCHEDULE

(Regulation 4)

Minimum ages for holding or obtaining a driving licence

Category

Sub-Category

Minimum Age

Applicable on

Applicable on

national territory only

international

territory

A

A+

B

B automatic

B + E

19/21*

C1 + E

19/21*

C

19/21*

C + E

19/21*

D1 + E

D

D + E

f

g

*The minimum ages for drivers engaged in the international carriage of goods

by road shall be governed by the provisions of regulation 15 of the Motor Vehicles

(Carriage of Goods by Road) Regulations, 2003.

”.

Amends the

In the Eleventh Schedule to the principal regulations, the

Eleventh Schedule

words “Motor Vehicles (Driving Licences) Regulations, 2001” in sub-

to the principal

regulations.

paragraph 1(f) shall be substituted with the words “Motor Vehicles

(Driving Licences) Regulations, 2002”.

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