Regulations, 2010

L.N. 90 of 2010

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles Roadworthiness Test (Amendment)

Regulations, 2010

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

Regulation Ordinance, the Minister for Infrastructure, Transport

and Communications, after consultation with the Authority for

Transport in Malta, has made the following regulations:-

(1) The title of these regulations is the Motor Vehicles

Roadworthiness Test (Amendment) Regulations, 2010 and they

shall be read and construed as one with the Motor Vehicles

Roadworthiness Test Regulations, 1998 hereinafter referred to as

“the principal regulations”.

(2) The scope of these regulations is to implement

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

2006 on services in the internal market and the Services (Internal

Market) Act transposing Commission Directive 2006/123/EC.

Regulation 2 of the principal regulations shall be

amended as follows

(a) in the definition “authorisation” for the words

“authorised officer” there shall be substituted the words “the

Authority” and for the words “authorised officer” wherever

they appear in the principal regulations there shall be

substituted the words “the Authority”;

(b)

the definition “commercial vehicle” shall be

deleted;

(c) the definition “Directorate” shall be deleted and for

the word “directorate” or “Directorate” wherever it appears

in the principal regulations there shall be substituted the word

“Authority”;

(d) immediately after the definition “competent

authority” there shall be inserted the following new

definition

“ “the European Union” has the same meaning as

is given to it in the European Union Act and includes

Norway, Iceland and Liechtenstein;”;

(e) immediately after the definition “the European

Union” there shall be inserted the following new definition

“ “goods vehicle” means any N1, N2 or N3 motor

vehicle as defined in the Motor Vehicles (Weights,

Dimensions and Equipment) Regulations;”;

(f) the definition “licensed tester” shall be deleted;

(g) immediately after the definition “manuals” there

shall be inserted the following new definition

“ “Member State” means a Member State of the

European Union;”;

(h) for the definition “operator” there shall be

substituted the following

“ “operator” means an individual, partnership or

company authorised by the Authority in accordance with

these regulations to operate a vehicle roadworthiness

testing station;”;

(i) in the definition “other vehicle” for the words

“commercial vehicle” there shall be substituted the words

“goods vehicle”;

(j) for the definition “station” there shall be substituted

the following

“ “station” or “testing station” means the premises

in which the Authority has authorised the carrying out of

vehicle tests for the purpose of these regulations;”;

(k) for the definition “test” there shall be substituted

the following

“ “test” means an examination of a vehicle carried

out by an operator duly authorised in accordance with

these regulations;”;

(l) immediately after the definition “test” there shall be

inserted the following new definition

“ “tester” means an individual duly qualified to

carry out testing on vehicles for the purposes of these

regulations and who is registered with the Authority in

accordance with regulation 13(1) hereof;”;

(m) immediately after the definition “trailer and other

towed vehicle” there shall be inserted the following new

definition

“ “Tribunal” means the Administrative Review

Tribunal established under the Administrative Justice

Act;”.

In sub-regulation (1) of regulation 7 of the principal Amends regulation

regulations, for the words “of regulation 15 of the Motor Vehicles 7 regulations.

(Registration and Licensing) Regulations” there shall be substituted

the words “of the Registration and Licensing of Motor Vehicles

Regulations, 2009”.

Immediately after regulation 7 of the principal regulations

there shall be inserted the following new regulation

No person shall keep or operate a vehicle

“VRT

station to be

roadworthiness testing station without an authorisation

authorised.

from the Authority.”.

5. Regulation 8 of the principal regulations shall be

amended as follows

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

“Applications for authorisations as operators” there shall be

substituted the words “An application for authorisation to

keep and operate a vehicle roadworthiness testing station”,

and in paragraph (a) thereof, the words “proposing to allow

vehicle testing to be carried out on his premises” shall be

deleted;

(b) in sub-regulation (2) thereof, the words “, and

approved by the authorised officer,” shall be deleted;

(c) for sub-regulation (3) thereof, there shall be

substituted the following

“(3) The application form shall be presented

together with the following information and documents

(a) the area site plan and the internal set-up

of the premises in respect of which the application

has been submitted, and all authorisations, licences

or permits whatsoever as may be required by law

in relation thereto;

(b) a banker’s reference or similar evidence

of sound financial standing of the applicant;

(c) details and police conduct certificates of

applicants, directors, partners or any other person,

as the case may be.”;

(d)

sub-regulation (4) shall be deleted; and

(e) sub-regulations (5) and (6) thereof shall

be renumbered as sub-regulations (4) and (5)

respectively.

6. Immediately after regulation 8 of the principal regulations

there shall be added the following new regulations 8A and 8B

(1) Complete applications for authorisation

“Applica-

tions to be

acknowledged. shall be acknowledged in writing within seven working

days from receipt, and the said notice shall specify

(a) the period within which the application

shall be processed in accordance with these

regulations;

(b) the available means of redress where the

Authority refuses 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 receipt thereof, about the need to supply any

additional documentation or information.

(1) Where an operator already established

in Malta or in another Member State applies for

authorisation for a new establishment in Malta, that

operator shall not be required to undergo requirements

and controls which are equivalent or essentially

comparable as regards their purpose to which the

operator 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 a 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 anymore

and provide that information which is specific or

particular to such additional places in accordance

with paragraph (a)

Provided that the term “applicant” shall

not include those applicants who have had their

application or applications validly and conclusively

refused by the Authority.

(3) Notwithstanding anything contained in

this regulation, the applicant shall still complete any

application form as may be required by the Authority.”.

7. Regulation 9 of the principal regulations shall be Amends regulation

amended as follows

(a) for sub-regulation (1) thereof, there shall be

substituted the following

“(1) Where an application has been made in

accordance with regulation 8, the Authority shall make

such investigations and carry out such inspections

as are reasonably required to ensure conformity with

the specifications for testing equipment as specified

in the Fourth Schedule as well as conformity with the

specifications for testing stations as specified in the Fifth

Schedule, and the Authority shall inform the applicant

by notice in writing, by not later than twenty working

days from receipt of all the relevant documents, of

the Authority’s decision and, where the application is

refused, it shall state the reasons therefor

Provided that where circumstances necessitate

an extension for consideration of an application, such

period may be extended once by the Authority for

a further period not exceeding ten working days in

addition to the above period and the applicant shall be

notified of the extension, its duration and the reasons

therefor.”;

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

substituted the following

“(2) Where the Authority has not taken a decision

within the prescribed period or extended period referred

to in this regulation, the application shall be deemed to

have been decided in favour of the applicant.”;

(c) for sub-regulations (3) thereof, there shall be

substituted the following

“(3) Any authorisation granted by the Authority

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

Authority to cancel that authorisation.”; and

(d) sub-regulation (4) thereof shall be deleted.

8. Regulation 10 of the principal regulations shall be

amended as follows

(a) for sub-regulation (1) thereof, there shall be

substituted the following

“(1) Where the Authority authorises an applicant

to act as operator of a vehicle roadworthiness testing

station, the authorisation shall be subject to the payment

of five hundred and eighty-two euro (582) as an annual

fee per testing station and the operator shall comply with

the following conditions

(a) the operator shall assume full

responsibility for all the testing procedures carried

out in the station;

(b) the operator shall give notice to the

Authority of the names of all persons who are

from time to time authorised, in pursuance of

arrangements made in accordance with regulation

13, to carry out or personally supervise tests at a

station; and every such notice shall be given within

seven days after the date of any such authorisation;

in the case of a company or partnership the

notice shall be accompanied by a duly signed

authorisation certifying that the person signing the

notice is duly empowered to sign on behalf of the

company or partnership;

(c) the operator shall put up and keep

exhibited inside the station in some conspicuous

place so as to be legible to persons submitting

vehicles for testing at that station -

(i) the authorisation in which that

station is specified, and

(ii) a list of the names of the persons

for the time being authorised to carry out or

personally supervise tests at that station;

(d) the operator shall make the station and

the equipment at that station with which testing is

carried out, available for the purpose of a test to

B

be carried out by officials of the Authority, for the

purpose of ensuring conformity with the prescribed

requirements;

(e) the operator shall immediately inform

the Commissioner of Police of any vehicle, which

is brought in for a test, and which, according to

information received by the operator from the

Authority, is a stolen vehicle or a vehicle used in

the commitment of a criminal offence;

(f) the operator shall give prior notice of

seven days to the Authority –

(i) of his entering into any partnership

with a view to carrying on a business which

will comprise the carrying out of tests at

that station, in the case where he is the sole

individual named in an authorisation; and

(ii) of any change in the constitution

of the company, in the case where he is a

company,

and such notice shall be treated as an application

under the provisions of regulation 9;

(g)

the operator shall provide

(i) either a bank guarantee of twenty-

three thousand and five hundred euro

(23,500) for each station;

(ii) or a collective bank guarantee of

not less than eighty one thousand five hundred

euro (81,500) provided severally between all

the stations that elect to give such guarantee;

(h) the operator shall have an authorisation

from the Authority to permit the testing of vehicles

in his station, on one or more of the three classes of

vehicles as specified in the Second Schedule;

B

(i) the operator shall have on the premises

a minimum of one qualified tester and an assistant

tester for each test lane;

(j) the operator shall not conduct vehicle

testing unless the Authority’s testing unit is

satisfied that facilities and equipment conform with

the prescribed requirements;

(k) the operator shall abide at all times

with the regulations and standards concerning the

vehicle roadworthiness test as stipulated in these

regulations, and approved by the Authority;

(l) the operator shall provide proof that his

vehicle testers receive the necessary training in the

use of their testing equipment by the suppliers or

the agents of such equipment;

(m) the operator shall keep on the premises

the approved and accredited testing manual or

manuals;

(n) the operator shall provide the Authority

with a copy of all manuals provided with the

testing equipment;

(o) the operator shall allow regular

inspections by vehicle testing inspectors according

to the standards and requirements laid down under

any applicable regulations;

(p) the operator shall not refuse to test any

vehicle of whatever age, make or type within the

classes for which authorisation is given, except in

the following circumstances:-

(i) when the details contained in the

registration document do not comply with the

correct details of the vehicle;

(ii) when the vehicle cannot be driven

or has insufficient fuel or oil to complete the

test;

B

(iii) when the vehicle is presented

in such a dirty condition that examination is

difficult;

(iv) when an operator considers that an

insecure load or other items would prevent a

proper test being carried out unless it can be

unloaded;

(v) when the vehicle is of such a size

or weight that it cannot be properly or safely

tested on the approved facilities;

(q) the operator shall, under no

circumstance, instruct or otherwise advise a vehicle

owner to effect repairs or adjustments as indicated

in the test result, at the same premises;

(r) the operator shall permit and do anything

necessary in order for any representative of the

Authority to be able to inspect the premises,

records, equipment, and the operation going on at

the station;

(s) the operator shall, under no circumstance,

issue a passed test result unless a complete test

has been carried out and all the testable items

comply with the required conditions and standards

established under these regulations, or a re-test is

completed and the licensed vehicle tester confirms

that the necessary repairs have been carried out;

(t) the operator shall provide for the

safekeeping of all documents and forms in his

possession, as well as the garage stamp;

(u) the operator shall sign any forms or

documents in indelible ink, and write clearly and

without alterations;

(v) the operator shall not charge a fee which

is in excess of the prescribed amount; and

(w) the operator shall at all times comply

with or maintain the conditions or requirements

indicated under regulation 8.”;

(b) in sub-regulation (2) thereof for the words “The

authorised officer may give notice to an operator that, in the

opinion of the authorised officer, any person” there shall

be substituted the words “The Authority may, on justified

grounds, give notice to an operator that any person”; and

(c) in sub-regulation (3) thereof, for the words “the

authorised officer” there shall be substituted the words “the

Authority”, and the word “licensed” shall be deleted.

Regulation 11 of the principal regulations shall be Amends regulation

amended as follows

(a) in sub-regulation (4) thereof, for the words “on the

date so specified in relation to it.” there shall be substituted

the words “on the date so specified in relation to it

Provided that in the case where an operator opts to

cease to operate the testing station for a period of time not

exceeding one calendar month in any particular calendar year

the operator shall seek prior approval by the Authority, and

approval shall be granted by the Authority if it is satisfied that

reasonable grounds exist for temporary closure

Provided further that where an operator ceases to operate

the testing station without permission from the Authority

or beyond the term allowed, the Authority may revoke the

operator’s authorisation.”;

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

substituted the following

“(5) The Authority may at any time and on

reasonable grounds suspend, withdraw or revoke an

authorisation to operate a test station by giving an

operator a 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

twenty-eight days from the date of notification.”; and

(c) 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 testing station, any

person previously qualifying as operator who opts to re-

apply for authorization, shall make a fresh application

and the Authority shall be furnished afresh with any

information and documents which are to be supplied

with any new application.”.

In the title of Part III of the principal regulations, the

word “Licensed” shall be deleted.

For regulation 13 of the principal regulations there shall

be substituted the following

(1) Persons qualified as testers shall be

registered for such purpose with the Authority and the

qualifications

Authority shall keep a register of such testers.

(2) The registration shall be made by

application on the prescribed form to the Authority

and shall be accompanied by documents showing that

person’s qualifications to act as a vehicle tester, whether

issued nationally or in another country, and a registration

fee of twenty-five euro (25).

(3) The Authority shall, by not later than

twenty-one working days from receipt of the application

and of all relevant documents, inform the applicant in

writing of its decision on the application, and where an

application for registration is refused, it shall state the

reasons thereof.

(4) A person may qualify as a tester if such

person –

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

of the application;

(ii)

is of good repute

Provided that for the purpose of this

regulation “good repute” shall have the same

meaning assigned to it under regulation 8;

(iii) is in possession of a driving licence for

the categories of vehicles applicant is qualified to

test;

(iv) is in possession of a Technician

Certificate in Motor Vehicle Systems (Part 2) or

any equivalent certificate;

(v) has at least three years experience

repairing the category of vehicles he is qualified to

test;

(vi) is in possession of a certificate issued by

the Authority following the successful completion

of a course organised by a body accredited by the

Authority or is in possession of a certificate issued

by the competent authority in a Member State.

(5) Persons who, on the entry into force

of these regulations, have already been licensed as

testers by the Authority shall be considered as being in

possession of the necessary qualifications and shall be

immediately registered as qualified testers in the register

to be kept by the Authority in accordance with sub-

regulation (1) hereof.

(6) An operator of a vehicle roadworthiness

testing station shall only employ as testers persons

whose name appears in the register held by the

Authority.”.

12. Regulation 14 of the principal regulations shall be

amended as follows

(a) in the marginal note thereto, the word “licensed”

shall be deleted;

(b)

sub-regulation (1) thereof, shall be amended as

follows

(i) in paragraphs (a) to (d) thereof, the word

“licensed” shall be deleted wherever it appears;

(ii) for the words “licensed tester shall comply

with such conditions as are specified in the Seventh

Schedule and also with” there shall be substituted the

words “tester so employed shall comply with”;

(iii)

the proviso to paragraph (a) shall be deleted;

and

(iv) immediately after paragraph (d) there shall

be inserted the following new paragraphs

“(e) the tester shall not perform vehicle

testing unless the Authority is satisfied that

facilities and equipment in the station where he is

employed conform to the prescribed requirements;

(f) the tester shall consult and follow

the standards established in the approved and

accredited testing manuals;”; and

(c) for sub-regulation (2) thereof, there shall be

substituted the following

“(2) The Authority may cancel from the register

the name of a tester if the tester is in breach of any of the

conditions laid down in sub-regulation (1).”.

13. In the title of Part VI of the principal regulations the

words “Contract or” shall be deleted.

Regulation 21 of the principal regulations shall be

amended as follows

(a) in the marginal note thereto, the words “contract

or” shall be deleted; and

(b)

the word “licensed”, wherever it appears, shall be

deleted.

For regulation 22 of the principal regulations there shall

be substituted the following

“22. Any person aggrieved by any decision of the

Authority not to grant or renew, or to suspend or to revoke

an authorisation, or to impose conditions, limitations or

exclusions therein or therefor, or to cancel his name from the

register of testers shall have the right to enter within twenty

one days from the notification of such decision an appeal

before the Tribunal.”.

In regulation 23 of the principal regulations, the word

“licensed”, wherever it appears, shall be deleted.

For sub-regulation (2) of regulation 24 of the principal

regulations there shall be substituted the following

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

on the entry of a tester equals or exceeds 150, the name of

the tester shall be removed from the register of testers for a

period of one year, and the Authority shall inform in writing

the tester of such removal.”.

Regulation 25 of the principal regulations shall be

amended as follows

(a) the word “licensed”, wherever it appears, shall be

deleted; and

(b) for the words “or tester’s licence” there shall

be substituted the words “or, in the case of the tester, to the

removal of the tester’s name from the testers’ register for a

period of not less than ten years”.

The Third Schedule to the principal regulations shall be

amended as follows

(a) for the words “[Regulations 8 and 13]” there shall

be substituted the words “[Regulation 8]”;

(b) for the words “Licensing and Testing Directorate”,

wherever they appear, there shall be substituted the words

“Authority for Transport in Malta; and

(c) the model of the Application for a Licence to Act

as Licensed Tester therein shall be deleted.

B

The Sixth and the Seventh Schedules to the principal

Deletes the Sixth and

Seventh Schedules

regulations shall be deleted.

to the principal

regulations.

€1.49