Motor Vehicle (Amendment) Regulations, 2007

L.N. 3 of 2007

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicle (Amendment) Regulations, 2007

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

Regulation Ordinance, the Minister for Urban Development and Roads

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

following regulations>-

The title of these regulations is the Motor Vehicles Title.

(Amendment) Regulations, 2007 and they shall be read and construed

as one with the Motor Vehicles Regulations, 1994, hereinafter referred L.N. 128 of 1994.

to as “the principal regulations”.

Regulation 2 of the principal regulations shall be amended as Amends regulation

2 of the principal

regulations.

(a) in the definition “Authority”, for the words “Public

Transport Authority established by article 3 of the Public Transport

Authority Act” there shall be substituted the words “Malta

Transport Authority established by the Malta Transport Authority

Act”<

(b) immediately after the definition “build-out” there shall

be inserted the following new definition>

“ “carriageway” means that part of a roadway on which

traffic proceeds in a single direction<”<

(c) immediately after the definition “car for hire” there shall

be inserted the following new definition>

“ “heavy goods vehicle” means an articulated goods

vehicle, or a large goods vehicle, that is to say, a motor vehicle

(not being an articulated goods vehicle) which is constructed

or adapted to carry or to haul goods and the permissible

maximum weight of which exceeds 7.5 tonnes<”<

(d) immediately after the definition “M1 motor vehicles”

there shall be inserted the following new definition>

“ “mobile telephone” means any portable device which

is used directly by a person for the purpose of wireless

communication<”<

(e) immediately after the definition “motor vehicle for hire”

there shall be inserted the following new definition>

“ “priority vehicle lane” means an area of carriageway

reserved for vehicles on priority duty<”<

(f) immediately after the definition “public service garage

van” there shall be inserted the following new definition>

“ “quadricycle” means a four-wheeled motor cycle

whose unladen mass is not more than 400kg, not including

the mass of batteries in the case of electric vehicles, whose

maximum net engine power does not exceed 15 kW, and it

includes also a quad bike<”<

(g) immediately after the definition “stop light” there shall

be inserted the following new definition>

“ “tag” means an official means of identification issued

by the Authority granting the holder of the said tag the right

to drive a passenger transport vehicle for hire or reward<”<

and

(h) immediately after the definition “self drive motor

vehicle” there shall be inserted the following new definition>

“ “two-way radio” means any wireless apparatus which

is designed or adapted for the purpose of transmitting and

receiving spoken messages<”.

Sub-regulation (3) of regulation 69 of the principal regulations

shall be deleted.

For regulation 77 of the principal regulations there shall be

substituted the following>

“77. (1) A person driving or having charge of a motor

vehicle shall not wilfully or negligently prevent, hinder or interrupt

the free passage to any person, vehicle, horse or cattle through any

road.

(2) No person shall park or leave unattended any motor

vehicle in such a manner as to impede any motor vehicle of another

person from having free entrance to or exit from any premises

used and clearly marked as a garage by the word “GARAGE IN

USE”>

Provided that for the purpose of this regulation the word

“garage” means any premises used specifically for the garaging

and, or parking of motor vehicles, and includes a drive-in.

(3) No person shall mark a premises as a garage unless

that premises is duly to be used for the garaging of any motor

vehicle.

(4) No person shall paint or cause to be painted

carriageway markings on either side of the road at the entrance to

or exit from any premises marked as a garage>

Provided that the Authority may approve the painting of

double yellow lines on each or either side of a premises marked as

a garage or on the opposite side of the road to ensure the safe

passage of a motor vehicle into and out of that garage.

(5) Any person who paints or causes to be painted

yellow lines or any other carriageway markings on a road at the

entrance to or exit from any premises marked as a garage without

the authorisation of the Authority shall be guilty of an offence and

shall be liable, on conviction, to a fine of twenty five Maltese liri

and a fine of five Maltese liri for each day those yellow lines or

carriageway markings remain painted on the road.”.

For sub-regulations (2) and (3) of regulation 90 of the principal Amends regulation

90 of the principal

regulations there shall be substituted the following>

regulations.

“(2) Where the inner lane of a carriageway is indicated as a

priority vehicle lane, it may only be used by any public transport

vehicle (excluding self-drive vehicles), any karrozzin, any bicycle,

any motorcycle, any heavy goods vehicle and any other vehicles

on priority duty as is mentioned in regulation 83(1).

(3) A priority vehicle lane shall be indicated by means of a

priority vehicle sign which may also indicate the period of operation

of such priority vehicle lane<

(4) No person shall, while driving any vehicle that is not a

vehicle listed in sub-regulation (2) hereof, drive along a priority

vehicle lane other than in a case of emergency.”.

Regulation 91 of the principal regulations shall be amended

(a) in sub-regulation (1) thereof, the words “of the

Commissioner of Police or, in the case of public transport vehicles,”

shall be deleted< and

(b) for paragraph (a) of sub-regulation (1), there shall be

substituted the following>-

“(a) make, or order or cause the making of any

alteration to the body, including the seating capacity or seating

arrangement, or any mechanical alteration to the chassis or

engine of any motor vehicle>

Provided that for the purpose of this paragraph, the term

“alteration” includes any addition or extension and any

changes in the seating capacity< or”.

Immediately after regulation 110 of the principal regulations

there shall be added the following new regulation 110A>-

110A. (1) No person may, without the prior written

permission

of the Authority, drive, or allow to be driven on

the road –

(a) any vehicle the windscreen, front side

windows and rear most window of which do not allow a

minimum of 75 per cent of light to be transmitted through

them from either direction, either because the material

which they are made out of is tinted or because any tint,

film, other substance or material has been applied thereto>

Provided that if the vehicle is equipped with left

and right-hand side rear view mirrors, the minimum light

transmitted through the rear most window may be below

75 per cent but shall not be less than 50 per cent, provided

that the glazing shall bear the additional type approval

symbol V<

(b) any vehicle the rear side windows of which

do not allow a minimum of 50 per cent of light to be

transmitted through them from either direction, either

because the material which they are made out of is tinted

or because any tint, film, other substance or material has

been applied thereto>

Provided that the rear side glazings which allow a

light transmittance of less than 75 per cent shall bear the

international type approval symbol V in accordance with

UN#ECE Regulation 43.

(2) A person who, for medical reasons, requires

tinting on the windscreen or on the windows to the left and

right of the driver which would allow a light transmittance

which is less than 75 per cent, shall apply for a special permit

from the Authority>

Provided that the medical conditions for which the said

exemption from such restrictions may be issued shall be those

associated with photo-sensitivity disorders, as certified by a

medical practitioner.

For the purpose of this sub-regulation the photo-

sensitivity disorders referred to herein are disorders caused

by exposure to ultraviolet radiation. Diseases that are

associated with light exposure include contact dermatitis,

vacciniforme, lupus erythematosus, polymorphous light

eruption, Porphyria and xeroderma pigmentosum.

(3) Nothing in this regulation shall be construed

to prohibit tinting of the windscreen of a motor vehicle with a

strap, located at the very top of the windscreen, encroaching

not more than 10mm into the swept area of the windscreen

covered by the movement of the wiper blades when in

operation, provided that the light transmittance of the strap

shall not be less than 35 per cent.”.

For regulation 115 of the principal regulations there shall be Substitutes

regulation 115 of

substituted the following>

the principal

regulations.

115. (1) No person shall drive any motor vehicle

whilst wearing or using on both ears earphones or headphones

or any other device which may hinder or is likely to hinder

that person from hearing properly.

(2) No person shall drive a motor vehicle on a

road if that person is holding and, or using a hand-held mobile

telephone or any other similar hand-held device, other than a

hand-free device or a two-way radio, while the motor vehicle

is in motion.”.

For regulation 116 of the principal regulations there shall be

substituted the following>

“116. No driver shall operate, or cause, or permit to be

operated any radio, tape recorder, record player or similar apparatus

on or in any motor vehicle in a way that it may hinder or is likely

to hinder that driver from hearing properly or which may cause

annoyance to passengers in the vehicle or other people in any

inhabited place.”.

Regulation 123 of the principal regulations shall be amended

as follows>

(a) for the words “Pillion riding” in the marginal note to

the regulation there shall be substituted the words “Pillion riding

and wearing of helmets”< and

(b) in sub-regulation (2) immediately after the words “any

motor cycle” there shall be added the words “or quadricycle”.

For regulation 128 of the principal regulations there shall be

substituted the following>

“(1) In the case of public service garage vans, minibuses

for public transport and motor omnibuses used for the carriage of

schoolchildren against hire or reward, where a seat provides

comfortable space for the seating of two adult passengers, three

school children aged ten years or under may, until the 9 th May

2008, continue to be carried on the said seat.

(2) Without prejudice to sub-regulation (1) of this regulation,

minibuses for public transport carrying, for hire or reward,

schoolchildren aged ten years or under together with students aged

over ten years, may only carry four persons in excess of the number

of passengers imposed on the licence.

(3) Drivers of motor vehicles transporting schoolchildren

for hire or reward shall operate the vehicle’s hazard warning lights

during all boarding and alighting of schoolchildren.

(4) Drivers of motor vehicles carrying schoolchildren for

hire or reward shall ensure that schoolchildren do not exit from

doors opening into traffic and shall not allow passengers to board

or alight from the vehicle unless that vehicle is at a complete

standstill.

(5) Drivers of motor vehicles transporting schoolchildren

for hire or reward shall not carry standing passengers while the

vehicle is in motion.

(6) Every motor vehicle, other than a private car, shall, while

carrying schoolchildren for hire or reward, have affixed on the

front and on the rear of the vehicle a sign showing two

schoolchildren and similar in type, shape, colour and size to a sign

exhibited at such place as may be designated by the Authority.”.

For regulation 159 of the principal regulations there shall be Substitutes

regulation 159 of

substituted the following>-

the principal

regulations.

“159. (1) No advertisement, lettering or any other printed

matter shall be exhibited in the interior of any motor omnibus

licensed for hire without the prior written permission of the

Authority>

Provided that the Authority may from time to time exempt

certain signs from the application of this sub-regulation.

(2) No advertisement, lettering or other printed matter

may be displayed on any part of the exterior of any motor omnibus

licensed for hire, without the prior written permission of the

Authority.

(3) Where any advertisement, lettering or other printed

matter is displayed in contravention of sub-regulations (1) and (2)

of this regulation, the Authority may suspend such motor omnibus

from service unless and until the matter is regularised.

(4) Without prejudice to the above provisions, nothing

shall be permitted to obstruct or otherwise interfere with the view

of the driver or substantially hinder the view of passengers.”.

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