and Encumbering Objects (Amendment) Regulations, 2009

L.N. 197 of 2008

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Clamping and Removal of Motor Vehicles

and Encumbering Objects (Amendment) Regulations, 2009

IN exercise of the powers conferred by article 54 of the

Traffic Regulation Ordinance, and by article 32 of the Malta

Transport Authority Act, the Minister for Infrastructure, Transport

and Communications has, after consultation with the Malta

Transport Authority, made the following regulations:-

The title of these regulations is the Clamping

and Removal of Motor Vehicles and Encumbering Objects

(Amendment) Regulations, 2009 and they shall be read and

construed as one with the Clamping and Removal of Motor

Vehicles and other Encumbering Objects Regulations, 1997,

hereinafter referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately before the definition “Commissioner”,

there shall be inserted the following new definition

“ “Authority” means the Malta Transport Authority

as established by the Malta Transport Authority Act;”;

and

(b) the definition “Director” shall be deleted.

In sub-regulation (3) of regulation 3 of the principal

regulations for the words “The Commissioner may also take

possession of” there shall be substituted the words “The

Commissioner or the Authority may also clamp, take possession

of”.

In regulation 6 of the principal regulations immediately

after the words “The Commissioner or the Council” there shall be

added the words “or, where applicable, the Authority”.

In regulation 7 of the principal regulations, immediately Amends regulation

after the words “or the Council”, wherever they appear, there shall regulations.

be inserted the words “or the Authority”, and immediately after the

words “encumbering object”, wherever they appear, there shall be

inserted the words “or motor vehicle”.

Regulation 8 of the principal regulations shall be

amended as follows

(a) in sub-regulation(1) immediately after the word

“Commissioner”, wherever it appears, there shall be inserted

the words “or the Authority”, immediately after the words

“encumbering object”, wherever they appear, there shall be

inserted the words “or motor vehicle”, and immediately after

the words “such object” there shall be inserted the words “or

motor vehicle”;

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

“The Commissioner” there shall be inserted the words “or

the Authority”, immediately after the words “encumbering

object”, there shall be inserted the words “or motor vehicle”

and for the word “him” there shall be substituted the word

“them”; and

(c) in sub-regulation (4) immediately after the words

“The Commissioner” there shall be inserted the words “or the

Authority”, for the words “in his discretion” there shall be

substituted the words “in their discretion”, and immediately

after the words “encumbering objects”, there shall be inserted

the words “or motor vehicles”.

Regulation 8B of the principal regulations shall be

amended as follows

(a) for the marginal note thereto, there shall be

substituted the words “Notification to be given to the

Authority”; and

(b) for the words “the Director” there shall be

substituted the words “the Authority”.

Regulation 9 of the principal regulations shall be

amended as follows

(a) immediately after the words “There shall be

payable to the Commissioner or the Council” there shall be

added the words “or, where applicable, to the Authority”;

(b) for the words “€69.88” there shall be substituted

the words “€70”;

(c) for the words “€104.82” there shall be substituted

the words “ €105”;

(d) for the words “€6.99” there shall be substituted

the words “€7”;

(e) for the words “€1,164.69” there shall be

substituted the words “€1,165”; and

(f) in the proviso thereto immediately after the words

“the Commissioner” there shall be inserted the words “or the

Authority”.

In regulation 10 of the principal regulations, immediately

after the words “by the Commissioner,” there shall be inserted the

words “or the Authority,”.