Regulations, 2010

L.N. 426 of 2010

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Driving Licences) (Amendment) (No. 2)

Regulations, 2010

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

Regulation Ordinance, the Minister for Infrastructure, Transport

and Communications has, after consultation with the Authority for

Transport in Malta, made the following regulations: -

(1) The title of these regulations is the Motor Vehicles Title and scope.

(Driving Licences) (Amendment) (No. 2) Regulations, 2010 and

they shall be read and construed as one with the Motor Vehicles

(Driving Licences) Regulations, 2002, hereinafter referred to as L.N. 191 of 2002.

“the principal regulations”.

(2)

The scope of these regulations is to transpose and

implement –

(a) Commission Directive 2009/112/EC of 25th August

2009 amending Council Directive 91/439/EEC on driving

licences, and

(b) Commission Directive 2009/113/EC of the 25th

August, 2009, amending Directive 2006/126/EC of the

European Parliament and of the Council on driving licences.

The Eighth Schedule to the principal regulations shall be

amended as follows

(a) for the title “Sight” and for item 2 thereof, there

shall be substituted the following

“Eyesight

2. All applicants for a driving licence shall

undergo an appropriate investigation to ensure that

they have adequate visual acuity for driving power-

driven vehicles. Where there is reason to doubt that the

applicant’s vision is adequate, he shall be examined

by a competent medical authority. At this examination

attention shall be paid, in particular, to the following

visual acuity, field of vision, twilight vision, glare and

contrast sensitivity, diplopia and other visual functions

that can compromise safe driving.

For Group 1 drivers, licensing may be considered

in “exceptional cases” where the visual field standard

or visual acuity standard cannot be met; in such cases

the driver shall undergo examination by a competent

medical authority to demonstrate that there is no other

impairment of visual function, including glare, contrast

sensitivity and twilight vision. The driver or applicant

shall also be subject to a positive practical test conducted

by a competent authority.

Group 1

(i) Applicants for a driving licence or for

the renewal of such a licence shall have a binocular

visual acuity, with corrective lenses if necessary, of

at least 0.5 when using both eyes together.

Moreover, the horizontal visual field shall be

at least 120 degrees, the extension shall be at least

50 degrees left and right and 20 degrees up and

down. No defects shall be present within a radius

of the central 20 degrees.

When a progressive eye disease is detected

or declared, driving licences may be issued or

renewed subject to the applicant undergoing regular

examination by a competent medical authority.

(ii) Applicants for a driving licence, or

for the renewal of such a licence, who have total

functional loss of vision in one eye or who use only

one eye (e.g. in the case of diplopia) must have a

visual acuity of at least 0.5, with corrective lenses

if necessary. The competent medical authority

must certify that this condition of monocular vision

has existed for a sufficiently long time to allow

adaptation and that the field of vision in this eye

meets the requirement laid down in paragraph (i).

(iii) After any recently developed diplopia

or after the loss of vision in one eye, there shall

be an appropriate adaptation period (for example,

six months), during which driving is not allowed.

After this period, driving is only allowed following

a favourable opinion from vision and driving

experts.

Group 2

(iv) Applicants for a driving licence or for

the renewal of such a licence shall have a visual

acuity, with corrective lenses if necessary, of at

least 0.8 in the better eye and at least 0.1 in the

worse eye. If corrective lenses are used to attain

the values of 0.8 and 0.1, the minimum acuity (0.8

and 0.1) must be achieved either by correction by

means of glasses with a power not exceeding + 8

dioptres, or with the aid of contact lenses. The

correction must be well tolerated.

Moreover, the horizontal visual field with both

eyes shall be at least 160 degrees, the extension

shall be at least 70 degrees left and right and 30

degrees up and down. No defects shall be present

within a radius of the central 30 degrees.

Driving licences shall not be issued to or

renewed for applicants or drivers suffering from

impaired contrast sensitivity or from diplopia.

After a substantial loss of vision in one eye,

there shall be an appropriate adaptation period (for

example six months) during which the subject is

not allowed to drive. After this period, driving is

only allowed after a favourable opinion from vision

and driving experts.”;

(b) for item 6 thereof, there shall be substituted the

following

“6. In the following paragraphs, a severe

hypoglycaemia means that the assistance of another

person is needed and a recurrent hypoglycaemia is

defined as a second severe hypoglycaemia during a

period of 12 months.

Group 1

(i) Driving licences may be issued to,

or renewed for, applicants or drivers who have

diabetes mellitus. When treated with medication,

they shall be subject to authorised medical opinion

and regular medical review, appropriate to each

case, but the interval shall not exceed five years.

(ii) Driving licences shall not be issued

to, nor renewed for, applicants or drivers who

have recurrent severe hypoglycaemia or impaired

awareness of hypoglycaemia. A driver with

diabetes shall demonstrate an understanding of the

risk of hypoglycaemia and adequate control of the

condition.

Group 2

(iii) Consideration may be given to the

issuing/renewal of Group 2 licences to drivers with

diabetes mellitus. When treated with medication

which carries a risk of inducing hypoglycaemia

(that is, with insulin, and some tablets), the

following criteria shall apply

— no severe hypoglycaemic events

have occurred in the previous 12 months,

— the driver has full hypoglycaemic

awareness,

— the driver must show adequate

control of the condition by regular blood

glucose monitoring, at least twice daily and at

times relevant to driving,

— the driver must demonstrate an

understanding of the risks of hypoglycaemia,

— there are no other debarring

complications of diabetes.

Moreover, in these cases, such licences shall

be issued subject to the opinion of a competent

medical authority and to regular medical review,

undertaken at intervals of not more than three

years.

(iv) A severe hypoglycaemic event during

waking hours, even unrelated to driving, shall be

reported and shall give rise to a reassessment of the

licensing status.”; and

(c) for item 8 thereof, there shall be substituted the

following

“Epilepsy

Epileptic seizures or other sudden disturbances

of the state of consciousness constitute a serious danger

to road safety if they occur in a person driving a power-

driven vehicle.

Epilepsy is defined as having had two or more

epileptic seizures, less than five years apart. A provoked

epileptic seizure is defined as a seizure which has a

recognisable causative factor that is avoidable.

A person who has an initial or isolated seizure or

loss of consciousness shall be advised not to drive. A

specialist report is required, stating the period of driving

prohibition and the requested follow-up.

It is extremely important that the person’s specific

epilepsy syndrome and seizure type are identified so that

a proper evaluation of the person’s driving safety can be

undertaken (including the risk of further seizures) and

the appropriate therapy instituted. This shall be done by

a neurologist.

Group 1

(i) Drivers assessed under Group 1 with

epilepsy shall be under licence review until they

have been seizure-free for at least five years.

If the person has epilepsy, the criteria for an

unconditional licence are not met. Notification

shall be given to the licensing authority.

(ii) Provoked epileptic seizure: the applicant

who has had a provoked epileptic seizure because

of a recognisable provoking factor that is unlikely

to recur at the wheel can be declared able to drive

on an individual basis, subject to neurological

opinion (the assessment shall be, if appropriate,

in accordance with other relevant sections of this

Schedule, e.g. in the case of alcohol or other co-

morbidity).

(iii) First or single unprovoked seizure: the

applicant who has had a first unprovoked epileptic

seizure can be declared able to drive after a period

of six months without seizures, if there has been

an appropriate medical assessment. The competent

authority may allow drivers with recognised good

prognostic indicators to drive sooner.

(iv) Other loss of consciousness: the loss of

consciousness shall be assessed according to the

risk of recurrence while driving.

(v) Epilepsy: drivers or applicants can be

declared fit to drive after a one-year period free of

further seizures.

(vi) Seizures exclusively in sleep: the

applicant or driver who has never had any seizures

other than seizures during sleep can be declared fit

to drive so long as this pattern has been established

for a period which must not be less than the

seizure-free period required for epilepsy. If there

is an occurrence of attacks/seizure arising while

awake, a one-year period free of further event

before licensing is required [see paragraph (v)].

( v i i ) S e i z u r e s w i t h o u t i n fl u e n c e o n

consciousness or the ability to act: the applicant or

driver who has never had any seizures other than

seizures which have been demonstrated exclusively

to affect neither consciousness nor cause any

functional impairment can be declared fit to drive

so long as this pattern has been established for a

period which must not be less than the seizure-

free period required for epilepsy. If there is an

occurrence of any other kind of attacks/seizures

a one-year period free of further event before

licensing is required [see point (v)]

(viii) Seizures because of a physician-

directed change or reduction of anti-epileptic

therapy: the patient may be advised not to

drive from the commencement of the period of

withdrawal and thereafter for a period of six

months after cessation of treatment. Seizures

occurring during physician-advised change or

withdrawal of medication require three months

off driving if the previously effective treatment is

reinstated.

(ix) After curative epilepsy surgery see

paragraph (v).

Group 2

(x) The applicant shall be without anti-

epileptic medication for the required period of

seizure freedom. An appropriate medical follow-

up has been done. On extensive neurological

investigation, no relevant cerebral pathology was

established and there is no epileptiform activity

on the electroencephalogram (EEG). An EEG and

an appropriate neurological assessment shall be

performed after the acute episode.

(xi) Provoked epileptic seizure: the

applicant who has had a provoked epileptic seizure

because of a recognisable provoking factor that

is unlikely to recur at the wheel can be declared

able to drive on an individual basis, subject to

neurological opinion. An EEG and an appropriate

neurological assessment shall be performed after

the acute episode.

A person with a structural intra-cerebral lesion

who has increased risk of seizures shall not be able

to drive vehicles of Group 2 until the epilepsy

risk has fallen to at least 2 % per annum. The

assessment shall be, if appropriate, in accordance

with other relevant sections of this Schedule (e.g.

in the case of alcohol).

(xii) First or single unprovoked seizure: the

applicant who has had a first unprovoked epileptic

seizure can be declared able to drive once five

years’ freedom from further seizures has been

achieved without the aid of anti-epileptic drugs,

if there has been an appropriate neurological

assessment. The competent authority may allow

drivers with recognised good prognostic indicators

to drive sooner.

(xiii) Other loss of consciousness: the loss

of consciousness shall be assessed according to

the risk of recurrence while driving. The risk of

recurrence shall be 2 % per annum or less.

(xiv) Epilepsy: 10 years freedom from

further seizures shall have been achieved without

the aid of anti-epileptic drugs. The competent

authority may allow drivers with recognised good

prognostic indicators to drive sooner. This also

applies in case of “juvenile epilepsy”.

Certain disorders (e.g. arterio-venous

malformation or intra-cerebral haemorrhage) entail

an increased risk of seizures, even if seizures have

not yet occurred. In such a situation an assessment

shall be carried out by a competent medical

authority; the risk of having a seizure shall be 2 %

per annum or less to allow licensing.”.

€0.75