Motor Vehicles (Amendment) (No. 2) Regulations, 2007

L.N. 414 of 2007

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Amendment) (No. 2) 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

(Amendment) (No. 2) Regulations, 2007 and they shall be read and

construed as one with the Motor Vehicles Regulations, 1994, hereinafter

referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be amended as

(a) immediately after the definition “cattle” there shall be

added the following new definition>

“ “Directive 2003#97#EC” means Directive 2003#97#EC

of the European Parliament and of the Council of

10 November 2003 on the approximation of the laws of the

Member States relating to the type-approval of devices for

indirect vision and of vehicles equipped with these devices,

amending Directive 70#156#EEC and repealing Directive

71#127#EEC<”<

(b) for the definition “M1 motor vehicles” there shall be

substituted the following>

“ “M1 motor vehicles” means vehicles used for the

carriage of passengers and comprising no more than eight

seats in addition to the driver’s seat<”<

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

insert the following new definitions<

“ “M2 motor vehicles” means vehicles used for the

carriage of passengers, comprising more than eight seats in

addition to the driver’s seat, and having a maximum mass

not exceeding 5 tonnes<

“M3 motor vehicles” means vehicles used for the

carriage of passengers, comprising more than eight seats in

addition to the driver’s seat, and having a maximum mass

exceeding 5 tonnes<

“N1 motor vehicles” means vehicles used for the carriage

of goods and having a maximum mass not exceeding 3.5

tonnes<

“N2 motor vehicles” means vehicles used for the carriage

of goods and having a maximum mass exceeding 3.5 tonnes

but not exceeding 12 tonnes< and

“N3 motor vehicles” means vehicles used for the

carriage of goods and having a maximum mass exceeding 12

tonnes<”.

(d) for the definition “quadricycle” there shall be inserted

the following new definition>

“ “quad bike” means a four-wheeled vehicle with

handlebars whose maximum design speed exceeds 45 km

per hour<”.

For regulation 61 of the principal regulations there shall be Substitutes

regulation 61 of the

substituted the following>

principal

regulations.

61. (1) No goods carrying vehicle being over eight

heavy vehicles

into Valletta. metres long shall enter Valletta without an authorisation in

writing from the Authority.

(2) No passenger carrying vehicle comprising

more than eighteen seats in addition to the driver’s seat shall

enter that area in Valletta designated as a charging zone under

the Vehicle Access Zones (Control) Regulations without an

authorisation in writing from the Authority.”.

Regulation 91 of the principal regulations shall be amended Amends

91 of the principal

as follows>

regulations.

(a) in sub-regulation (1) (d) for the words “the

Commissioner of Police” there shall be substituted the words “the

Authority”< and

(b) for sub-regulation (2) there shall be substituted the

following>

“(2) No person shall have in his possession, and no

person shall use, order or cause to be used any motor vehicle

which he knows to be in contravention of the provisions of

sub-regulation (1) of this regulation.”.

In regulation 93 of the principal regulations, for the words

“the Police” there shall be substituted the words “the Police, Local

Wardens or Enforcement Officers of the Authority”, and the proviso

thereto shall be deleted.

In regulation 94 of the principal regulations, the words “by

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

shall be deleted.

For sub-regulation (2) of regulation 95 of the principal

regulations there shall be substituted the following>

“(2) Seat belts shall be fitted to all seats on the following

motor vehicles registered to be used on the roads in Malta>

(a) M1, M2 and N1 motor vehicles manufactured on

or after the 1 st January, 1998< and

(b) M3, except those intended to also carry standing

passengers, N2 and N3 motor vehicles manufactured on or

after 1 st October, 2001.”.

In regulation 97 of the principal regulations, for the words

“by the Commissioner of Police, or the Authority in the case of public

transport vehicles” there shall be substituted the words “by the

Authority”.

In regulation 100 of the principal regulations, the words “by

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

shall be deleted.

In regulation 101 of the principal regulations, for the words

from “The Commissioner of Police may” to the words “may be given

by the Authority”, there shall be substituted the words “The Authority

may permit, according to its discretion, a maximum height from the

ground of 1.4 metres in the case of headlamps fixed on trucks, tractors,

other similar heavy vehicles and omnibuses”.

For regulation 110A of the principal regulations there shall

be substituted the following>

“110A. (1) No motor vehicle shall be driven or no person

shall allow a motor vehicle to be driven on the road where the

glazings of that vehicle do not allow a visible light transmission of

at least –

(a)

75 per cent in the case of the windscreen<

(b) 70 per cent in the case of the front side windows<

(c)

30 per cent in the case of the rear side windows<

and

(d)

60 per cent in the case of the rear most window>

Provided that if the vehicle is equipped with left and

right-hand side rear view mirrors, the minimum allowable

light transmitted through the rear most windows may be below

60 per cent but shall not be less than 30 per cent>

Provided further that paragraphs (c) and (d) shall not

apply in the case of the rear side glazing and the rear most

glazing marked with the type approval symbol V.

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

tinting on the front side window to the right of the driver

which would allow a light transmittance which is less than

70 per cent but not less then 55 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 an

eye or skin specialist.

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) No tint, film, other substance or material shall

be applied to the windscreen of a motor vehicle.

Nothing in this sub-regulation shall be construed to

prohibit the tinting of the top part of the front windscreen of

a motor vehicle with a strap, located at the very top of the

windscreen, not wider than 20 per cent of the height of the

windscreen but, in any case, not wider than a maximum of

100 mm, provided that the light transmittance of the strap

shall not be less than 35 per cent.

(4) Any tint, film, other substance or material

applied to any window, other than the windscreen, of a motor

vehicle shall conform to the levels prescribed in sub-regulation

(1).”.

Regulation 112 of the principal regulations shall be revoked.

Regulation 113 of the principal regulations shall be revoked.

13.

Ir-regolament 113 tar-regolamenti prinçipali g[andu ji;i I[assar ir-

regolament 113 tar-

m[assar.

regolamenti

prinçipali.

Immediately after regulation 116 of the principal regulations

there shall be added the following new regulation 116A>

“Retrofitting

116A. (1) N2 and N3 motor vehicles which have

of mirrors to

been registered with the Authority on the 1 st January 2000 or

after that date and which are not type-approved or not

approved as a single vehicle shall, not later than the 31 st March,

2009, be equipped, on the passenger side, with wide-angle

and close-proximity mirrors which fulfil the requirements for

class IV and class V mirrors under Directive 2003#97#EC

respectively>

Provided that N2 vehicles having a maximum total

permissible weight not exceeding 7.5 tons shall be exempted

from the provisions of this sub-regulation where it transpires

that it is impossible to mount a class V mirror in a way that

ensure that the following conditions are fulfilled>

(i) no part of the mirror is less than 2m (a tolerance

of + 10cm may be applied) from the ground, regardless

of the adjustment position, when the vehicle is under a

load corresponding to its maximum technically

permissible weight< and

(ii) the mirror is fully visible from the driving

position.

(2) N2 and N3 vehicles registered with the

Authority on the 1 st January 2000 or after that date that are

already equipped, on the passenger side, with wide-angle and

close-proximity mirrors, whose combination of fields of vision

covers not less than 95% of the field of vision at ground level

of a class IV mirror and not less than 85% of the field of

vision at ground level of a class V mirror under Directive

2003#97#EC shall be deemed to be in compliance with sub-

regulation (1).

(3) Vehicles referred to in this regulation which,

for want of available, economically viable, technical solutions,

cannot be equipped with mirrors complying with the

requirements set out in sub-regulations (1) and (2), may be

equipped with supplementary mirrors and, or other devices

of indirect vision, provided that the combination of such

devices covers not less than 95 % of the field of vision at

ground level of a class IV mirror and not less than 85 % of

the field of vision at ground level of class V mirror under

Directive 2003#97#EC.”.

In regulation 120 of the principal regulations, for the words Amends regulation

120 of the principal

“the Director (Traffic)” shall be substituted the words “the Authority”. regulations.

Regulation 121 of the principal regulations shall be amended Amends regulation

121 of the principal

as follows>

regulations.

(a) in sub-regulation (2), for the words “The Commissioner

of Police” there shall be substituted the words “The Authority”<

and

(b) in sub-regulation (3) for the words “The Commissioner

of Police or the Authority, as the case may be,” there shall be

substituted the words “The Authority”.

In sub-regulation (2) of regulation 123 of the principal Amends regulation

123 of the principal

regulations, for the word “quadricycle” there shall be substituted the regulations.

words “quad bikes”.

In sub-regulation (1) of regulation 125 of the principal Amends regulation

regulations, for the words “The Commissioner of Police may, with the 125

regulations.

advice of the Traffic Control Board” shall be substituted the words “The

Authority may erect or”.

In sub-regulation (2) of regulation 127 of the principal Amends regulation

127 of the principal

regulations, for the words “the Commissioner of Police may, on the regulations.

advice of the Traffic Control Board,” there shall be substituted the words

“the Authority”.

Amends regulation

In sub-regulation (4) of regulation 130 of the principal

130 of the principal

regulations for the words “after 1995” there shall be substituted the

regulations.

words “after the 1 st January 1998”.

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

Lm0.28 (€0.65)