Malta Transport Authority (Enforcement Officers) Regulations, (enforcementofficers)

L.N. 40 of 2008

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Malta Transport Authority (Enforcement Officers) Regulations,

IN exercise of the power conferred by 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 Malta Transport

Authority (Enforcement Officers) Regulations, 2008.

(2) These regulations shall come into force on such a date

as the Minister responsible for transport may by notice in the Gazette

appoint.

In these regulations, unless the context otherwise requires>

(Regulation 12)

Contraventions falling under the powers and duties of Enforcement Officers

(a) Motor Vehicles (Registration and Licensing) Regulations, 2004>

regulations 3 and 7 (registration of vehicles) and regulation 14 (licensing of

vehicles).

(b) Motor Vehicles (Driving Licences) Regulations, 2002> regulation 3

(possession of a valid driving licence), regulation 57 (use of motor vehicles for

instruction purposes) and regulation 58 (authorisation of motoring school).

(c) Motor Vehicles (Weights, Dimensions and Equipment) Regulations,

2003> First Schedule (general maximum weights and dimensions), regulations

18 to 24 (installation and use of speed limitation devices), regulations 30, 35, 36,

40 and 44 (tachograph), regulation 53 (installation of taximeter), regulation 67

(installation and use of bus ticketing machines).

(d) Motor Vehicles (Carriage of Passenger by Road) Regulations, 2003>

regulation 5 (possession of an operator’s licence), regulations 22 to 24 (driving

and rest periods of drivers) and regulation 29 (possession of Community licence).

(e) Motor Vehicles (Carriage of Goods by Road) Regulations, 2003>

regulation 5 (possession of an operator’s licence), regulations 27 to 31 (driving

and rest periods of drivers) and regulation 38 (Community licence), regulations

68 and 69 (loads).

(f) Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations,

2003> regulation 3 (limitation and prohibition of transport of dangerous goods),

regulation 22 (packaging), regulations 23 to 29 (vehicles’ roadworthiness),

regulation 31 (driver certification), regulation 32 (use of tanks, tank containers,

multiple-element gas containers, demountable tanks and transport pressure

equipment), regulation 38 (clear and legible marking), and Second Schedule

(infringements).

(g) Motor Vehicles (Roadworthiness Tests) Regulations, 1998> regulation

10 (compliance with conditions for contracted operators), regulation 14

(compliance with conditions for licensed testers), and regulation 22 (keeping and

return of records).

(h) Motor Vehicles Regulations, 1994> regulation 62 (licence to keep a

garage), regulation 65 (licence to act a as car park attendant), regulation 66 (licence

to act as motor omnibus conductor), regulation 69 (overloading of vehicles),

regulation 70 (carriage of things which may cause damage), regulation 88 (white

lines in the vicinity of bus stop or fare stage sign), sub-regulation 90(4) (priority

lanes), regulation 91 (alterations to vehicles), regulation 93 (defective vehicles),

regulation 94 (fire extinguishers on motor vehicles), regulation 95 (fittings),

regulation 107 (exhaust pipes not to emit pollutants), regulation 110 (tyres),

regulation 110A (windscreens and other windows), regulation 128 (carriage of

school children), regulation 130 (safety of motor vehicles for hire), regulation

131 (driver’s licence and tag), regulation 134 (general provisions for motor vehicles

for hire), regulations 149, 150 and 151 (identification tag), regulation 154 (smoking

in public transport vehicles), regulations 155 to 158 (reponsibilities of owners

and conductors and uniforms), regulation 159 (advertisements on public transport

vehicles), regulation 163 (destination number), regulation 172 (overloading),

regulation 179 (terminus arrangements), regulation 211 (route marks and colour

of motor omnibuses), regulations 231 to 240 (general provisions relating to

taxicars), regulation 242 (cleanliness and safety of taxicars), regulation 245 (letters

and markings on taxicars), regulation 248 (identification number of taxicars) and

regulation 249 (illuminated sign on taxicars).

(i) Motor Vehicles (Tariff of Fares) Regulations> regulations 3, 4 and 5

(fares and tickets).

(j) Motor and Horse-drawn Hearses (Operator Licences)Regulations>

regulation 3 (licence requirement), regulation 10 (prohibition of certain signs).

(k) Code of Police Laws> article 25 (works causing obstruction or danger

in streets), article 29 (breaking up of footways or surface of streets), articles 30

and 33 (precautions during works in streets), artcile 32 (fences to be set up during

repairs), and article 34 (prohibition to leave materials or other obstruction in street

longer then necessary).

(l) Traffic Regulation Ordinance> article 9 (interference with the duties of

enforcement officers), article 10 (incitement), article 11 (refusal to give name),

article 16 (letting without a licence of motor vehicles), article 16 A (proper use of

taximeter), article 34 (wearing of identification tag by public passenger vehicles’

drivers).

“the Authority” means the Malta Transport Authority

established by the Malta Transport Authority Act<

“Enforcement Officer” means an officer employed by the

Authority acting pursuant to a delegation from the Authority<

“motor vehicle” means any mechanically self-propelled

vehicle intended for use on the road<

“passenger transport vehicle” means a motor vehicle that is

used or intended to be used for the purpose of carrying passengers

for hire or reward<

“road” means any national arterial, distributor, access and

local access road and any other road to which the public has access,

and includes bridges over which a road passes<

“technical roadside inspection” means an inspection of a

technical nature of a motor vehicle circulating in Malta and carried

out unannounced on the road by the Authority<

“vehicle” includes any carriage, karrozzin, animal drawn cart,

car, motor-car, omnibus, bicycle or other means of transport of

any class or description intended for the conveyance or carriage of

persons, corpses or goods by road.

The Authority may appoint Enforcement Officers to supervise Employment of

Enforcement

and enforce traffic and transport laws and to operate any permanent or Officers.

portable equipment or device used in the enforcement of such laws in

conformity with the Traffic Regulation Ordinance, the Malta Transport

Authority Act and the Code of Police Laws, and with any regulations

issued under the said laws, and to perform such functions as the Authority

may specify.

Enforcement Officers shall wear such uniform as the Authority Uniform of

may determine and they may only act as Enforcement Officers when Enforcement

Officers.

they are wearing such uniform unless directed otherwise by the

Authority.

The Authority shall provide to Enforcement Officers an Identification tag.

identification tag which shall be worn in a conspicuous place while

carrying out their duties or functions under these regulations.

The Authority may also appoint a Manager or any other official Appointment

Manager and

who shall be entrusted with the general direction and supervision of officials.

Enforcement Officers, and who shall also be vested with the same powers

given to Enforcement Officers by regulation 3 of these regulations.

(1) Enforcement Officers shall have the power to demand, Power to demand

and obtain details.

obtain and note the particulars of any owner or driver of a vehicle and

of any passenger in a vehicle in which the Enforcement Officer has

reasonable grounds for believing that such person is committing or has

committed an offence to which these regulations apply.

(2) Enforcement Officers shall have the power to order the

alighting of any driver or passenger from any vehicle.

(1) Enforcement Officers shall have the power to stop any Power to stop and

inspect vehicles.

vehicle on the road, including vehicles registered in another country,

and to carry out random technical roadside inspections thereon and

inspections of all licences and other documents relating to such vehicle

or licence relating to the driver.

(1) Where it is found that a vehicle –

Power to issue

prohibition notices.

(a)

is defective and not roadworthy,

(b) does not comply with the permissible load weights and

dimensions as provided for in the Motor Vehicles (Weights,

L.N. 162 of 2003.

Dimensions and Equipment) Regulations,

(c) is carrying dangerous goods in breach of the Motor

Vehicles (Carriage of Dangerous Goods by Road) Regulations,

Enforcement Officers shall have the power to issue a prohibition notice

to prohibit the further use of the vehicle until the fault has been rectified

and compliance with the regulations is achieved.

(2) Where a motor vehicle is found to be defective and not

roadworthy, Enforcement Officers may also order the temporary

withdrawal from the road of that vehicle, by having such vehicle towed

or removed by such other means as are reasonable in the circumstances,

for the purpose of an immediate submission to a road worthiness or

other mechanical test.

An Enforcement Officer may, at any time during the normal

working day, enter any registered premises of an authorized public

passenger transport operator or goods transport operator, or motoring

school, or authorised vehicle testing station, and upon such entry shall

be entitled to inspect vehicles, any records or certificates or copies thereof

relating to vehicles’ roadworthiness tests, operators’ licences and any

other documents or such information as such Officer may reasonably

require with respect to any of the said matters.

Enforcement Officers shall have the authority to -

(a) order the alighting or carrying of passengers from or on

any passenger transport vehicle<

(b) order any passenger transport vehicle, licensed to operate

any scheduled transport service, to run for such time and under

such conditions as the needs of a particular scheduled service may

require, and to give any other orders and directives as may, in

their opinion, be necessary for the efficient performance of any

particular scheduled transport service at a given time<

(c) give such orders and directives as may, in their opinion,

be necessary for the implementation of the roster allocation issued

in respect of any passenger transport service<

(d) order the removal of unauthorised advertising from any

passenger transport vehicle<

(e) demand and obtain information from any passenger,

owner or driver of a passenger transport vehicle, relating to the

identity of such person or to details of any passenger transport

vehicle or passenger transport service<

(f) order any owner or driver of a passenger transport vehicle

to discontinue any scheduled or unscheduled trip where any

Enforcement Officer deems that such a measure is necessary in

the interests of public order or safety<

(g) give such other orders or directives to drivers of any

passenger transport vehicle so as to ensure that they perform their

duties in accordance with the laws and regulations relating to

passenger transport services<

(h) demand and note the particulars of any person who

commits an offence relating to passenger transport, or otherwise

hinders the proper operation of the public passenger transport

system.

An Enforcement Officer shall have the power to report those Contraventions

falling under the

contraventions listed in the Schedule to these regulations.

powers and duties

of Enforcement

Officers.

(1) When an Enforcement Officer or any other official Obstruction and

fines.

appointed by the Authority is carrying out duties or functions under

these regulations, no person shall give any false or misleading details

or make any false or misleading statement to the Enforcement Officer

or other official, or otherwise wilfully hinder or obstruct the Enforcement

Officer or official in the exercise of his powers or duties, or unduly

interfere in the exercise thereof or in any manner whatsoever, or refuse

to comply with any lawful orders or directives which such Enforcement

Officer or official may give in the execution of his powers or duties.

(2) Whosoever shall hinder or obstruct any Enforcement

Officer or any other official appointed by the Authority under these

regulations in the exercise of his powers or duties, or unduly or in any

manner whatsoever interfere in the exercise thereof, or refuse to comply

with any orders or directives which such Enforcement Officer or official

may give in the execution of his powers or duties, shall, on conviction,

be liable, and without prejudice to any higher punishment to which the

offence may be liable under any other law, to a fine (multa) of not less

than €120 and not exceeding €250 for a first conviction, and to a fine

(multa) of not less than €250 and not exceeding €1,200 for each

subsequent conviction.

(3) Any person whose name or address is requested or

demanded of him under these regulations and who refuses or fails to

give such name or address, or gives a name or address which is false or

misleading, shall be guilty of an offence and shall, upon conviction, be

liable to a fine (multa) not exceeding €120.

The Public Transport Enforcement Officers (Duties and

Repeals L.N. 101 of

1992. Powers) Regulations, 1992 are hereby repealed.