Regulations, 2008 (schedulepage2)

L.N. 43 of 2008

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Motor Vehicle Roadworthiness Test (Amendment)

Regulations, 2008

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, in consultation

with the Malta Transport Authority, has made the following regulations>-

The title of these regulations is the Motor Vehicle

Roadworthiness Test (Amendment) Regulations, 2008 and they shall

be read and construed as one with the Motor Vehicle Roadworthiness

Test Regulations, 1998, hereinafter referred to as “the principal

regulations”.

For regulation 5 of the principal regulations there shall be

substituted the following>

PASTE UP

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

(1) The Minister may in writing, in his discretion,

“Exemptions

and vehicles

used by the exempt any class or type of vehicle from all or any of the

Armed Forces provisions of these regulations.

of Malta.

(2) Vehicles belonging to the Armed Forces of

Malta shall be tested annually by a licensed tester at a station

established and operated by the said Armed Forces under the

conditions provided for in the Sixth Schedule to these

regulations>

Provided that the Armed Forces of Malta shall be

exempted from signing the contract and from providing the

guarantee provided for in the said Schedule.”.

3. Regulation 8 of the principal regulations shall be amended as

follows>

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

authorisations as operators may be made by” there shall be

substituted the words “Applications for authorisations as operators

may be made to the Authority by”< and

(b) immediately after sub-regulation (4) there shall be added

the following new sub-regulations (5) and (6)>

“(5) An applicant for an operator’s authorization shall

satisfy the Authority that he -

(a)

is of good repute, and

(b) is of an appropriate financial standing.

(6) For the purpose of this regulation –

(a) a person is not considered to be of good repute

if he has been convicted, during the previous five years,

of a crime liable to a term of imprisonment of three

months or more or a fine of at least four hundred sixty

euros< and

(b) a person is not considered as having an

appropriate financial standing if he does not provide

proof showing total assets less total liabilities of

€23,000.”.

4. Regulation 9 of the principal regulations shall be amended as Amends regulation

9 of the principal

regulations.

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

per testing station” there shall be added the words “and such

authorization shall not be transferable”< and

(b) immediately after sub-regulation (2) there shall be added

the following new sub-regulations (3) and (4)>

“(3) Where the Authority refuses an application for

an operator’s authorization, the Authority shall, by notice in

writing within seven days, inform the applicant of its decision

and the reasons therefor.

(4) Where the Authority refuses an application, the

applicant may, within twenty-one days, beginning on the

date of such notice, appeal before an appeals board to be set

up in accordance with the provisions of the Malta Transport

Authority Act.”.

5. In paragraph (c) of sub-regulation (1) of regulation 12 of the

principal regulations for the words “regulation 22” there shall be

substituted the words “regulation 25”.

For sub-regulation (1) of regulation 13 of the principal

regulations there shall be substituted the following>

“(1) Applications for licences as licensed testers may be

made to the Authority by>

(a)

an individual who>

(i) is over nineteen years of age on the date of the

application<

(ii) is of good repute<

(iii) is in possession of a driving licence for the

categories of vehicles applicant would be testing<

(iv) is in possession of a City and Guilds Level 2

certificate in motor vehicle engineering or an equivalent

certificate< and

(v) has at least three years experience repairing

the category of vehicles applicant would be testing<”.

Regulation 19 of the principal regulations shall be amended

as follows>

(a) in the provisos to paragraph (b) of sub-regulation (1),

for the words “within twelve working days”, wherever they appear,

there shall be substituted the words “within 16 days”< and

(b) for sub-regulation (5) there shall be substituted the

following>

“(5) No licence as specified in regulation 15 of the

Motor Vehicles (Registration and Licensing) Regulations,

2004, shall be issued by the Malta Transport Authority unless

the owner of the vehicle concerned produces to the Authority

the passed test result in relation to the vehicle together with

the relative receipt in respect to the Directorate’s

administration charge as specified in the Ninth Schedule.”.

Regulations 22 to 30 of the principal regulations shall be Renumbers

regulations 22 to 30

renumbered as regulations 26 to 34 respectively.

of the principal

regulations.

For Part VI of the principal regulations there shall be Substitutes Part VI

of the principal

substituted the following>

regulations.

“PART VI

Breach of contract or licence conditions and major offences

(1) An operator who fails to comply with the conditions Breach of contract

or licence

set out for operators under these regulations and a licensed tester who conditions and

fails to comply with the conditions set out for licensed testers shall be penalty points.

in breach of the said conditions and shall be liable to the penalty points

and administrative fines laid down in the Twelfth Schedule.

(2) Where an operator fails to comply with the conditions

set out for operators under these regulations and where a licensed tester

fails to comply with the conditions set out for licensed testers under

these regulations, the authorised officer shall give to the operator or to

the licensed tester, as the case may be, a notice which shall specify the

breach of the conditions, the appropriate number of penalty points to be

endorsed on the operator’s or tester’s entry, and the administrative fine

being imposed in the case of breaches committed by an operator.

(3) Where the number of penalty points on an operator’s

entry reaches a minimum of 250 points on five consecutive breaches,

that number of penalty points shall automatically be increased by another

1,000 points and the operator shall be charged the administrative fine

for each additional penalty point up to a maximum amount not exceeding

€11,600.

(4) The administrative fine shall be €11 for each penalty

point endorsed on the operator’s entry.

(5) The administrative fine shall be paid within 90 days

following the lapse of 21 days after the notification of the breach where

no appeal is entered by the operator or 90 days from the date of the final

decision given by the appeals board where an appeal had been entered

by the operator.

(6) Where it is clearly established that an appeal entered by

an operator is frivolous and, or vexatious, the said operator shall be

liable to an administrative fine of €230.

(7) Failure to settle, within the prescribed period, the fines

referred to in sub-regulations (3) and (4) shall cause the suspension of

the operator’s authorization and an additional daily administrative fine

of €11 until the fine is paid.

(1) Where an operator, or a licensed tester, is served by a

notice of a breach of conditions, by registered mail, that operator or

licensed tester shall have the right to enter, within 30 days from receipt

by the operator or licensed tester, of the said notice, an appeal before an

appeals board to be set up in accordance with the provisions of the

Malta Transport Authority Act.

(2) Where an operator, or a tester enters an appeal before

the appeals board, such operator shall appear before the board in person

on the day and time fixed for the hearing, to make submissions thereto

and to produce such evidence as the board may allow.

(3) The decision of the board shall be final and binding

except with respect to points of law, equity and, or breaches of principle

of natural justice decided by the board from which an appeal shall lie to

the Court of Appeal (Inferior Jurisdiction).

(4) The said Board of Appeal shall also determine any

appeals for breaches of conditions committed by an operator or by a

tester on the 1 st September, 2006 or thereafter.

(1) Where, in a period of three consecutive years, an

operator or a licensed tester does not commit any breach of conditions,

the authorized officer shall, on the first day immediately following the

last day of that three-year period, remove 50 per cent of any penalty

points appearing on the entry of that operator or of that licensed tester

rounded up to the nearest percentage point and notify the operator or

licensed tester of the number of penalty points so removed.

(2) Where, after a period of three consecutive years during

which an operator or a tester does commit any breach of conditions

and, as mentioned in sub-regulation (1), would be entitled to the removal

of 50 per cent of any penalty points appearing on his entry, that operator

or tester, as the case may be, does not commit any breach of conditions

in the next three consecutive years immediately following the first three

consecutive years, the authorized officer shall, on the first day

immediately following the last day of the second three-year period,

remove all the penalty points appearing on the entry of that operator or

of that licensed tester and notify the operator or licensed tester of the

number of penalty points so removed.

(1) Where the total number of penalty points endorsed on Revocation

means of penalty

the entry of an operator equals or exceeds 2,000, the operator’s points.

authorisation shall be revoked, and the authorized officer shall inform

in writing the operator of such revocation.

(2) Where the total number of penalty points endorsed on

the entry of a licensed tester equals or exceeds 150, the tester’s licence

shall be revoked, and the authorized officer shall inform in writing the

tester of such revocation.

Major offences.

Where an operator or a licensed tester –

(a)

makes an improper use of VRT certificate blanks<

(b) issues a pass certificate without actually test the vehicle>

(c)

backdate a VRT certificate<

(d) receives any payment other than that for the services

rendered in accordance with fees stipulated in these regulations<

(e)

destroy official documentary paper<

(f)

falsify any data recorded during the testing of a vehicle,

that operator or tester, as the case may be, shall be guilty of

an offence and shall, on conviction, be liable to the fines imposed

by the Court and to the revocation of the operator’s authorization

or tester’s licence.”.

10. In sub-regulation (3) of regulation 26, as renumbered, of Amends regulation

26, as renumbered,

the principal regulations, for the words “regulation 24” there shall be of the principal

regulations.

substituted the words “regulation 28”.

11. The First Schedule to the principal regulations shall be Amends the First

Schedule to the

amended as follows>

principal

regulations.

(a) in paragraph D, for the words “Commercial vehicles at

86 kph” there shall be substituted the words “Commercial vehicles

at 90 kph”, and for the words “Commercial vehicles used nationally

for the carriage of dangerous goods at a maximum of 86 kph”

there shall be substituted the words “Commercial vehicles used

for the carriage of dangerous goods at 90 kph”< and

(b) immediately after paragraph E there shall be added the

following new paragraph>

“F. Examination of the light transmission of all motor

vehicle windows to ensure compliance with levels prescribed

in the Motor Vehicles Regulations, 1994.”.

12. The Second Schedule to the principal regulations shall be

amended as follows>

(a) for the words “(Regulation 4)” there shall be substituted

the words “(Regulations 4 and 30)”< and

(b) in item B under category Class II, immediately under

the words “Other light passenger vehicles” there shall be added

the words “and Quad bikes”.

13. In the Fourth Schedule to the principal regulations, for the

words “(Regulations 9, 19 and 24)” there shall be substituted the words

“(Regulations 9 and 19)”.

14. In the Fifth Schedule to the principal regulations, for the

words “(Regulations 9 and 24)” there shall be substituted the words

“(Regulations 9 and 28)”.

15. The Sixth Schedule to the principal regulations shall be

amended as follows>

(a) for the words “(Regulations 10 and 21)” there shall be

substituted the words “(Regulations 10, 21 and 28)”< and

(b) for the words from “(ii) a collective bank guarantee” to

the words “relating to the station>” there shall be substituted the

words “(ii) a collective bank guarantee of not less than €81,500

provided severally between all the stations that elect to give this

guarantee.

Any operator>”.

16. In the Seventh Schedule to the principal regulations, for the

words “(Regulation 14)” there shall be substituted the words

“(Regulations 14 and 21)”.

17. The Eighth Schedule to the principal regulations shall be Amends

Schedule to the

amended as follows>

principal

regulations.

(a) under category Class II B, immediately after the words

“Other light passenger (g.v.w. under 3,500 kgs)

8.70

D”

there shall be added the words “Quad bikes

8.70 D”, and

(b) immediately after the words “*Fees inclusive of VAT”

there shall be added the following>

“Frequency of test

A. Not subject to test.

B. One year after the date on which the vehicle was first

registered, and annually thereafter.

C. Two years after the date on which the vehicle was first

registered and thereafter biennially.

D. Four years after the date on which the vehicle was first

registered, and thereafter biennially.

E. On first registration in Malta, and thereafter according

to the above categories.

F. On first registration in Malta, the vehicle has to be

accompanied by either a local VRT passed test certificate or an

equivalent certificate (based on the requirements of EU Council

Directive 96#96#EC and its subsequent amendments) issued by the

competent authority of any State within the European Economic

Area. These vehicles are required to be tested annually thereafter.”.

18. In the English text of the Ninth Schedule to the principal Amends the English

text of the Ninth

regulations, for the words “Midibuses, minibuses and vans (g.v.w. under Schedule to the

3,500 kgs)

0.35” there shall be substituted the words “Midibuses, principal

regulations.

minibuses and vans (g.v.w. under 3,500 kgs)

0.30”.

19. In the Tenth Schedule to the principal regulations, for the Amends the Tenth

Schedule to the

words “(Regulations 27 and 29)” there shall be substituted the words principal

regulations.

“(Regulations 31 and 33)”.

20. In the Eleventh Schedule to the principal regulations, for the

words “(Regulation 28)” there shall be substituted the words

“(Regulation 32)”.

21. Immediately after the Eleventh Schedule to the principal

regulations there shall be added the following new Twelfth Schedule>

SCHEDULE PAGE 1 PASTE UP