Vehicle Access Zones (Control) Regulations, 2007

L.N. 105 of 2007

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Vehicle Access Zones (Control) Regulations, 2007

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

Regulation Ordinance and article 32 of the Malta Transport Authority

Act, the Minister for Urban Development and Roads has, after

consultation with the Malta Transport Authority, made the following

regulations>

(1) The title of these regulations is the Vehicle Access Zones

(Control) Regulations, 2007.

(2) These regulations shall come into force on the 1 st May,

2007. In these regulations, unless the context otherwise requires>

(Regulations 3 and 5)

Localities designated as charging zones and prescribed periods

VALLETTA

The area designated as a charging zone is that specified in the following plan

Prescribed periods

Monday to Friday from 08.00 to 18.00

Saturday from 08.00 to 13.00

“access” includes access, entry and, or parking<

“access fee” means the fee which is chargeable to persons

whose vehicle accesses the charging zone<

“the Authority” means the Malta Transport Authority set up

under the provisions of the Malta Transport Authority Act<

“Board” means the Board set up in terms of regulation 10 of

these regulations<

“charging time” means the days and the period of time the

controlled access is in force<

“chargeable vehicle” means a vehicle the owner of which is

charged a fee whenever that vehicle accesses a charging zone<

“charging zone” means the area in which access by a

chargeable vehicle shall be liable to an access fee<

“Council locality” means a locality governed by a Local

Council<

“elderly person” means a person who is sixty-one years of

age or more<

“enclosed space” means an area within a charging zone that

is physically definable as a distinct area and which, whilst not being

a garage, is used for the parking of motor vehicles and is not

accessible to the general public for the purpose of car parking except

with the consent of the owner thereof<

“garage” means a lockable building or enclosed space in which

to park or keep a vehicle situated within a charging zone and it

includes an enclosed space and an off-street parking facility<

“keeper of a vehicle” means a person who is in lawful

possession of a leased vehicle or any other car of which he is not

the lawful owner<

“KNPD” means the National Commission Persons with

Disability established under article 21 of the Equal Opportunities

(Persons with Disability) Act<

“immediate relatives” means the daughters and sons of elderly

persons provided that the spouse of the son or daughter may

substitute the son or daughter and if the elderly person has no son

or daughter such elderly person may nominate any person

whatsoever<

“Local Council” means a local government council established

in terms of the Local Councils Act<

“motor mechanical workshop” means a workshop where

motor vehicle mechanical or panel repairs are carried out on a

commercial basis<

“night” means, for the purpose of these regulations, any two

consecutive hours between 01.00 hours and 05.00 hours<

“non-chargeable vehicle” means a vehicle which is kept in a

garage or parked on a street within the charging zone during the

night for not less than 15 nights, whether consecutive or not, during

one calendar month, and for not less than seven months within a

calendar year<

“off-street parking facility” means a private area within a

charging zone which is not part of a road<

“operator” means the person contracted by the Authority to

develop, install and operate a Vehicular Access Control System in

a charging zone>

“other emergency vehicles” means any vehicle used by service

providers in the electricity, water, drainage and communications

sectors to give an emergency service<

“owner of a garage” means any person or undertaking that

owns or has on lease the garage<

“owner of a vehicle” means the person in whose name the

vehicle is registered under the Motor Vehicle (Registration and

Licensing) Regulations<

“parking disc” has the same meaning assigned to it by the

Controlled Parking Schemes (Residents and Commercial)

Regulations, 2001<

“pedestrian zone” means an area -

(a) which has been laid out to improve amenity for

pedestrians< and

(b) to which the entry of vehicles is prohibited or

restricted<

“residence” means the place where a person has his permanent

abode for at least seven months of the year<

“vehicle” means any motor vehicle intended for use on the

road, with or without bodywork, having at least four wheels and a

maximum design speed exceeding 25 km per hour, and its trailers,

with the exception of vehicles which run on rails and of agricultural

tractors and machinery<

“Vehicular Access Control System” means a system

consisting of surveillance equipment, including cameras and

transmission equipment, which may be used to control and monitor

access within a charging zone, to record data and to detect crime.

(Regulation 3)

Controlled Vehicle Access Zone Sign

(1) There may be established one or more charging zones

within any Council locality.

(2) The areas designated as charging zones shall be those

prescribed in the First Schedule to these regulations.

(3) In areas designated as charging zones, the Authority shall

cause to be placed, and thereafter the Local Council shall cause to be

maintained, appropriate signs, as contained in the Second Schedule to

these regulations, in such positions as the Authority may consider

necessary for the purpose of providing adequate warning and, or

directions to drivers at all entries to and exits from a charging zone.

(4) Controlled access within the respective charging zone

shall remain in force throughout those periods of times and days of the

week as prescribed in the First Schedule to these regulations.

(Regulation 5)

1. The fees to be charged for accessing a charging zone shall be the following>

Access for first 30 mins>

Free

Access over 30 mins up to 60 mins >

35cents

Access over 60 mins>

35cents per hour or part thereof

with a maximum daily charge of

Lm2.80

Public holidays falling on a day during

which the charging zone is in force>

Free

2. When the area designated as a charging zone is accessed during periods of

time when the charging zone is not in force, access is free.

3. Where a vehicle accesses the charging zone 30 minutes before the time in

which the charging zone discontinues to remain in force, no access fee shall be charged

if the vehicle remains within the charging zone until the time in which the charging

zone discontinues to remain in force.

The charges provided in paragraph 1 above shall be increased or decreased by the

percentage indicated below in the circumstances indicated>

For payments before invoice is sent

and for automatic debit>

Applicable charge discounted by

10%

Payment at invoice>

Applicable charge

Payment after 30 days after first invoice Applicable charge increased by

2% or Lm2.50, whichever is the

higher, if not settled within 30

days and by another 2% if not

settled within the next 30 days

Payment after 90 days after first invoice> Applicable charged increased by

100%

Payment of access fees>

Access fees imposed for accessing a charging zone shall be paid by the owner or

keeper of the vehicle to the Operator, who collects them on behalf of the Authority,

either personally, or by post or on-line or by other methods offered by the Operator.

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

Lm0.56 (€1.30)

(1) Access to a charging zone may be controlled and Controlling access

into a charging

monitored by the use of a Vehicular Access Control System installed zone.

and operated by an operator authorised for the purpose by the Authority.

(2) Data collected through the use of cameras shall be used

for the enforcement of the charging zone and for charging access fees

and the information may be disclosed by the operator to the Authority,

the Local Council, the Police, the Local Wardens for enforcement

purposes, crime detection and for the collection of fees.

(1) The owner of a chargeable vehicle which accesses a Vehicle access in

charging zone during the charging days and times established in the charging zones.

First Schedule shall pay a charge equivalent to the amount as prescribed

in the Third Schedule, such payment to be effected as provide for in the

said Schedule.

(2) The Third Schedule may be temporarily suspended or

amended by the Board in order to cater for special occasions provided

that the Board publishes a notice in the Gazette at least three days in

advance and specifies in the said notice the period of validity of the

said notice.

(3) Where the owner of a vehicle fails to pay the applicable

access fees within thirty days from the date appearing on the invoice

for such payment, the Authority shall, when the road licence of the said

vehicle comes up for renewal, withhold from renewing that vehicle’s

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

access fees are effected>

Provided that such measure shall not be applicable if the said

invoice is being contested in accordance with these regulations.

(4) Where the owner of a vehicle fails or refuses to pay the

applicable access fees within a period of thirty days from the date on

which he has been invoiced for such payment, the Authority shall not

allow and register the transfer of that vehicle to another person and

shall not allow the scrapping or garaging of that vehicle until such time

as such access fees have been settled.

The following vehicles shall be exempt, under such conditions

as laid down in these regulations, from the application of the charge

for accessing and, or parking within the charging zone>

(a)

Non-chargeable vehicles,

(b) vehicles used in emergency services by the Armed

Forces of Malta, the Police Force, the Civil Protection Department

and the prison authorities,

(c)

ambulances,

(d) other emergency vehicles,

(e) official vehicles used by the President of the Republic,

the Prime Minister, the Archbishop, the Chief Justice, the Speaker,

Cabinet Ministers, Parliamentary Secretaries, the Leader of the

Opposition, the Bishop of Gozo, and foreign dignitaries and

accompanying delegations in vehicles issued with DDV registration

plates,

(f) one vehicle registered in the name of every Member of

Parliament,

(g) vehicles registered to be parked in a garage within the

charging zone,

(h) vehicles registered on each immediate relative of an

elderly person residing within the charging zone,

(i) all public transport vehicles, excluding self-drive

vehicles,

(j) vehicles registered on voluntary organisations for the

carriage of disabled persons,

(k) vehicles registered and used by persons with mobility

problems who are certified as such by the KNPD and who work

within the charging zone,

(l) vehicles which are registered to carry more than eight

passengers besides the driver,

(m) electric motor vehicles,

(n) waste collection and street cleaning vehicles,

(o) motorcycles, and

(p) other vehicles that may be exceptionally registered as

such by the Board in terms of these regulations.

In order to qualify for the exemption provided for in regulation Conditions under

which an exemption

may be granted.

(a) the persons qualifying under sub-paragraphs (f), (h), (j)

and (k) shall register the relative vehicles with the Board and only

those vehicles shall be exempt<

(b) to qualify for an exemption under paragraph (g), the

owner of a garage shall register the garage and the vehicles making

use of the said garage with the Board provided that the number of

vehicles to be registered shall be equivalent to the vehicle capacity

of the garage leaving space for free movement of the said vehicles>

Provided that vehicles so registered shall not park on the street

in any road within the charging zone, except for the area directly

in front of the garage, for more than ten minutes during which

time the owner or driver of the vehicle shall exhibit behind the

vehicle’s windscreen a parking disc, obtainable from the Authority

or Local Council, showing the time of parking as correctly as

possible and if the vehicle is left parked on the road for a period

longer than the maximum permitted, the owner of that vehicle shall

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

(ammenda) of twenty-five Maltese liri and shall have the exemption

withdrawn for a period of one year and where that vehicle has

exceeded the parking period by one hour or more, that vehicle

shall also be clamped or removed in accordance with the Clamping

and Removal of Motor Vehicles and Encumbering Objects S.L. 65.13.

Regulations.

(1) For the purposes of the exemption under sub-paragraph Exemptions in the

case of elderly

(h) of regulation 6, an elderly resident shall only be considered as resident people.

within the charging zone if he meets all the following requirements>

(a)

his place of residence is within the charging zone<

(b) he presents telephone, water, electricity and other utility

bills relative to that place of habitation that evidence a monthly

consumption consonant with an average residence<

(c) he is a registered voter in the electoral division to which

the charging zone belongs<

(d) there are no commercial licences registered on that place

of habitation<

(e) the same place of habitation is the sole registered address

with the Income Tax Department and Social Security Department<

(f)

he has no forwarding address with any postal service<

(g) his television and, or cable television service is registered

to the same place of habitation<

(h) any motor vehicles that may be owned by him are

registered to the same place of habitation< and

(i) he receives a pension or social security benefits at the

same place of habitation.

(2) Where the resident referred to in sub-regulation (1) does

not have immediate relatives, he may apply to have no more than two

vehicles owned by his siblings or by his immediate nephews or

grandchildren or ascendants to have these vehicles exempt from the

charging fees for accessing the charging zone.

(1) The Board shall exercise the powers granted to it in terms

of sub-paragraph (p) of regulation 6 only with respect to the following

classes of vehicles>

(a) owners of vehicles used for the delivery or selling of

goods provided that the exemption shall only apply if they access

the charging zone between the hours of 1.30 p.m. and 4.00 p.m.<

(b) vehicles owned by licensed hawkers for the carriage of

goods to be sold on an open air market within a charging zone

shall be exempted from the payment of the charging zone access

fee for a period of time starting 90 minutes before the opening

time and ending 90 minutes after the closing time of the market<

(c) any chargeable vehicle that is presented for repairs or

for a service at a motor mechanical workshop within a charging

zone>

Provided that in such a case the exemption is given only for a

period of no more than ten working days<

(d) any vehicle owned by a person who is resident in a

charging zone but for reasons that the Board deems justifiable does

not qualify as a non-chargeable vehicle for the sole reason that the

owner or keeper thereof is in the impossibility of keeping it so

parked for and in the required time>

Provided that a person shall not be considered as a resident

in the charging zone unless he satisfies the requirements of

paragraphs (a) to (h) of sub-regulation (1) of regulation 8<

(e) any vehicle owned by a person who is in possession of a

blue sticker issued by the KNPD and who works within a charging

zone<

(f) on an exceptional basis, any other vehicle that the Board

considers to be deserving of an exemption considering that it is

used by persons that carry out a public service.

(2) Persons requiring an exemption in terms of these

regulations shall apply on the appropriate form and the conditions of

sub-regulations (5) and (6) of regulation 10 shall apply.

(3) Vehicles owned by other persons who are exempt by

the Ministry responsible for finance from the payment of the vehicle’s

annual road licence, shall not be exempt from the access fee but, upon

registration of their vehicle with the Board, they shall be entitled by the

Authority to a maximum annual credit equal to the amount paid in access

fees but not exceeding the sum of twenty Maltese liri in any one year.

(1) The Authority shall establish a Board to administer these Board to administer

these regulations.

regulations and the Board shall act under the general direction of the

Authority.

(2) The Board shall consist of a Chairperson appointed by

the Authority and two other persons, one appointed by the Local Council

and the other representing the retail sector in the charging zone.

(3) The Board shall act unanimously but shall be bound to

follow any directions and decisions that may be given to it by the

Authority.

(4) The Board shall have the power to create the appropriate

forms, request any information and establish the necessary procedures

for the better fulfillment of these regulations but shall not have the power

to establish any fee not already established by regulation.

(5) Any application made to the Board shall be made on

the appropriate form and by the mere act of applying the applicant shall

be considered as having authorised the Board and Local Council where

the charging zone is situated, to check, even through physical access,

the validity of the information provided to determine whether or not the

applicant qualifies for such an exemption and the Board shall issue the

permit only after it certifies in writing that it has ascertained the

fulfillment of all the conditions.

(6) Any vehicle, qualifying for an exemption under sub-

paragraphs (d), (f) to (h), (l) and (p), that is granted an exemption shall

have its registration number registered by the Board, shall pay an annual

registration fee of twenty Maltese liri, which fee shall be independent

of the vehicle road licence, and such exemption shall, unless renewed,

cease ipso iure on the termination of the period of validity.

(7) Where a person filing an application for exemption

knowingly supplies false or incorrect information, such person shall be

guilty of an offence and shall, on conviction, be liable to a penalty (multa)

of not more than three hundred Maltese liri.

(1) The owner of any vehicle who feels aggrieved by a

decision taken by the Board set up under regulation 10 or by an invoice

received and, or penalty imposed in connection with the accessing of

the charging zone shall have the right to contest such decision, or invoice

or penalty as the case may be.

(2) Such contestation shall be forwarded in writing and by

registered mail to an independent Contestation Board, to be set up by

the Authority, within twenty days from the date when such a decision is

communicated to him or her or within twenty days of the date of the

invoice or penalty in question.

(3) The contestation shall be accompanied by the following

administrative fee>

(a)

contestation of an invoice#penalty

up to Lm1 ………………………………….... Lm0.50

(b) contestation of an invoice#penalty

between Lm1.01 and Lm4.99 ……………….. Lm1.50

(c)

contestation of an invoice#penalty

between Lm5.00 and over….. ……………….. Lm5.00

(4) The decisions of the Contestation Board shall be final.

(5) Where the Contestation Board decides in favour of

contestant, the administrative fee shall be refunded to him or her.

(1) There may be established, in any charging zone, Pedestrian areas.

pedestrian areas in which the access of vehicles shall be strictly

prohibited or restricted.

(2) Where a pedestrian area is established, the Authority

shall cause to be placed, and thereafter the Local Council shall cause to

be maintained, appropriate signs in such positions as the Authority may

consider to be necessary for the purpose of providing adequate warning

and, or directions to drivers.

(1) The owner of a vehicle commits an offence if he Obscured vehicle

obscures the letters or numbers on the vehicle’s registration plate even registration mark.

by using a coating or protective material that distorts visibility or

detectability, and shall be liable, on conviction, to a fine (multa) not

exceeding five hundred Maltese liri.

(2) A person who accesses the charging zone with a vehicle

whose registration plate has been obscured as mentioned in sub-

regulation (1) commits an offence and shall be liable, on conviction, to

a fine (multa) not exceeding five hundred Maltese liri.