Motor Vehicles (Driving Licences) (Amendment) Regulations,

L.N. 89 of 2010

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Driving Licences) (Amendment) Regulations,

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) Regulations, 2010 and they shall

be read and construed as one with the Motor Vehicles (Driving

Licences) Regulations, 2002, hereinafter referred to as “the L.N. 191 of 2002.

principal regulations”.

(2) The scope of these regulations is to implement

provisions of Commission Directive 2006/123/EC of 12th

December 2006 on services in the internal market and the Services

(Internal Market) Act, 2009 transposing the said Directive.

In sub-regulation (5) of regulation 44 of the principal

regulations for the words “of eleven euro and sixty-five cents

(11.65)” there shall be substituted the words “of twelve euro (12)”.

In regulation 58 of the principal regulations for the words

“shall keep” there shall be substituted the words “shall keep and

operate”.

Regulations 59 to 62 of the principal regulations shall be

deleted.

Regulation 63 of the principal regulations shall be

amended as follows

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

for authorisations as authorised operators” there shall be

substituted the words “An application for authorisation as an

operator of a motoring school”; and

(b) for sub-regulation (3) thereof there shall be

substituted the following new sub-regulation

“(3) Applications for operating a motoring school

shall include the following information and documents

(a) the registration number of each motor

vehicle to be used for instruction;

(b) a declaration that all the motor vehicles

to be used for instruction have a dual control

system;

(c) details and police conduct certificates of

applicants, directors, or partners as the case may

be.”.

Immediately after regulation 63 of the principal

regulations there shall be added the following new regulation 63A

63A. (1) Completed applications for

“Acknowledg-

applications. authorisation shall be acknowledged by the competent

authority by notice in writing within seven working days

from the day of receipt and that notice shall specify

(a) the period within which the application

will be processed in accordance with these

regulations;

(b) the available means of redress where the

competent authority intends to refuse an application

for an operator’s authorisation; and

(c) a statement that in the absence of a

response within the period referred to in paragraph

(a), the authorisation shall be deemed to have been

granted.

(2) In the case of an incomplete application,

the applicant shall be informed within seven working

days from the day of receipt thereof, about the need to

supply any additional documentation.”.

Immediately after the new regulation 63A of the principal

regulations there shall be added the following new regulation 63B

63B. (1) Where an operator already established

in Malta applies to operate additional motoring schools,

or where an operator already established in another

Member State applies for authorisation to operate one or

more motoring schools in Malta, the operator shall not

be required to undergo requirements and controls which

are equivalent or essentially comparable as regards their

purpose to which the applicant is already subject in

Malta or in another Member State.

(2) Where an applicant is not already

established in Malta or in another Member State and

proposes to act as an operator in more than one place in

Malta in the same application process (Dual Application)

or following the first application (Subsequent

Application), the applicant shall

(a) in the case of a Dual Application, not

be required to provide the information which is

common to both places more than once but shall

provide any information which is specific or

particular to such additional places;

(b) in the case of Subsequent Application,

provide only that information which was given in

the original application and which is at the date of

such subsequent application not valid any more

and provide that information which is specific or

particular to such additional places in accordance

with paragraph (a) hereof

Provided that the term “applicant” shall not

include those applicants which have had their

application or applications validly and conclusively

refused by the competent authority.

(3) Notwithstanding anything contained in

this regulation, the applicant shall still complete any

application form as may be required by the competent

authority.”.

For regulation 64 of the principal regulations there shall

be substituted the following

“64. (1) When an application has been made in

accordance with regulation 63, the competent authority shall

make such investigations and carry out such inspections as

are reasonably required to ensure conformity with these

regulations and the competent authority shall inform the

applicant by notice in writing by not later than seven working

days from receipt of all relevant documents of the competent

authority’s decision on the application and, in the case of

refusal or withdrawal of application, on the reasons therefor

Provided that where circumstances necessitate an

extension for consideration of an application, such period may

be extended once by the competent authority for a further

period not exceeding seven working days and the applicant

shall be notified of the extension, its duration and the reasons

therefor.

(2) Where the competent authority has not taken

a decision within the prescribed or extended period referred

to in this regulation, the application shall be deemed to have

been decided in favour of the applicant.”.

Regulation 65 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof for the words from

“Subject to” to the words “the following conditions” there

shall be substituted the words “Where the competent authority

authorises an applicant to act as operator of a motoring

school, the authorisation shall be subject to the payment of

an annual fee as specified in the Ninth Schedule hereto and to

compliance with the following conditions”; and

(b) for sub-regulation (2) thereof there shall be

substituted the following

“(2) The competent authority may –

(a) require the authorised operator of a

motoring school to have any motor vehicle listed

for instruction purposes, examined by its personnel

at any time it deems fit;

(b) require the authorised operator of a

motoring school to submit the said vehicles for

vehicle roadworthiness tests, other than those

required by the Motor Vehicle Roadworthiness Test

Regulations;

( c ) d i s a l l o w, a t a n y t i m e f o l l o w i n g

examination in accordance with paragraph (a)

or (b) above, the use of any motor vehicle for

instruction purposes if in its opinion the vehicle is

no longer considered suitable.”.

Regulation 66 of the principal regulations shall be Amends regulation

amended as follows

(a) in sub-regulation (4) for the words “in relation to

it.” there shall be substituted the words “in relation to it:”

and immediately thereafter there shall be added the following

proviso

“Provided that in the case where an operator opts to

cease to operate the motoring school for a period of time

not exceeding one calendar month in any particular calendar

year the operator shall seek prior approval by the competent

authority, and approval shall be granted by the competent

authority if it is satisfied that reasonable grounds exist for

temporary closure

Provided further that where an operator ceases to operate

the motoring school without permission from the competent

authority or beyond the term allowed, the competent authority

may revoke the operator’s authorisation.”;

(b) for sub-regulation (5) thereof there shall be

substituted the following

“(5) The competent authority may at any time

and on reasonable grounds suspend, withdraw or revoke

an authorisation to operate a motoring school by giving

an operator notice in writing containing the reasons for

such suspension, withdrawal or revocation

Provided that unless there exist gross acts of

misconduct or negligence or any other serious grounds

for immediate suspension, withdrawal or revocation ,

the operative date of such notice shall be not less than

28 days from the date of notification.”;

(c) in sub-regulation (6) thereof, the words “in

accordance with sub-regulation (5)” shall be deleted and for

the words “save as provided in sub-regulation (5)(a)” there

shall be substituted the words “unless it is cancelled before

that date”; and

(d) immediately after sub-regulation (6) thereof, there

shall be added the following new sub-regulation

“(7) Upon the termination or revocation of an

authorisation as an operator of a motoring school, any

person previously qualifying as an operator who opts to

re-apply for authorisation shall make a fresh application

and the competent authority shall be furnished afresh

with any information and documents which are to be

supplied with any new application.”.

In regulation 68 of the principal regulations for the

words “An inspector may at any time, during the normal working

day, on production of his authority, if so required,” there shall be

substituted the words “Any authorised official of the competent

authority may at any time”.

For sub-regulation (4) of regulation 70 of the principal

regulations there shall be substituted the following

“(4) The provisions of regulation 63A, regulation 63B

and regulation 64 shall mutatis mutandis apply to licensed

driving instructors.”.

For regulation 71 of the principal regulations there shall

be substituted the following

71. (1) Where the competent authority

“Authorisation.

ascertains that the requirements of the application have

been satisfied, it should authorise an applicant to act as a

driving instructor.

(2) The licence to act as an authorised

driving instructor shall be subject to the payment of an

annual fee as specified in the Ninth Schedule hereto and

to the continued compliance with the conditions and

requirements established under these regulations.

(3) The provisions of sub-regulations

(1), (4), (5), (6) and (7) of regulation 66 shall mutatis

mutandis apply to authorised driving instructors.”.

Immediately after regulation 81 of the principal

regulations there shall be added the following new regulation

81A. Any person aggrieved by any decision of

the competent authority not to grant or renew, or to

suspend or to revoke a licence, or to impose conditions,

limitations or exclusions therein or therefor, shall

have the right to enter within twenty-one days from

the notification of such decision an appeal before the

Administrative Review Tribunal established under the

Administrative Justice Act.”.

Immediately after the new regulation 81A of the Adds new regulation

principal regulations there shall be added the following new 81B

regulation

81B. Any authorisation granted by the Authority

“Authorisation

under these regulations may not be assigned or

transferred in any way whatsoever to any other person,

and any such assignment or transfer to any other

person shall be considered null and void and constitute

sufficient grounds for the competent authority to cancel

that authorisation.”.

For the Ninth Schedule to the principal regulations there

shall be substituted the following

assignment or transfer to any other person shall be

considered null and void and constitute sufficient grounds

for the competent authority to cancel that authorisation.”.

For the Ninth Schedule to the principal regulations there shall

16. be substituted the following: VERŻJONI ELETTRONIKA

B

“NINTH SCHEDULE

(Regulations 37 and 51)

Driving licences fees* and administrative charges

Description

Probationary driving licence for a period of three years

For any one or more categories contained in one driving licence for a

period of five years

For any one or more categories contained in one driving licence for a

period of ten years

Issue of an International Driving Licence

Issue or renewal of a driving licence to a person with a disability,

falling under the Social Security Act, Cap. 318, to drive a specially

adapted motor vehicle

Issue of a duplicate driving licence for a lost, stolen or defaced valid

driving licence or an inclusion of another category

Issue of a duplicate driving licence due to any alteration in the data

contained in the photocard driving licence

Application to acquire a driving licence

Application to undertake the theory test

Application for a resit of the theory test

Application to undertake the practical test

Adding new category to driving licence

Authorisation to act as driving instructor per annum

Application to take the driving instructor test

Authorisation to operate as a motoring school per annum

Taking of affidavit

* Licence fees received by the competent authority under these regulations shall be on account of the

Consolidated Fund.”.