Motor Vehicles (Amendment) Regulations, 2011

L.N. 110 of 2011

MOTOR VEHICLES REGISTRATION

AND LICENSING ACT

(CAP. 368)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Registration and Licensing of

Motor Vehicles (Amendment) Regulations, 2011

IN exercise of the powers conferred by article 20 of the

Motor Vehicles Registration and Licensing Act, and by article

43 of the Authority for Transport in Malta Act, the Minister for

Infrastructure, Transport and Communications, in consultation

with the Malta Transport Authority, has made the following

regulations:-

The title of these regulations is the Registration and Title.

Licensing of Motor Vehicles (Amendment) Regulations, 2011

and they shall be read and construed as one with the Registration

and Licensing of Motor Vehicles Regulations, 2009, hereinafter L.N. 198 of 2009.

referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be Amends regulation

amended as follows

(a) for the definition “brought into Malta” there shall

be substituted the following

“ “brought into Malta” has the same meaning as

assigned to it in article 2 of the Act;”;

(b) immediately after the definition “Directive 1999/37/

EC” there shall be inserted the following new definition

“ “Directive 70/220/EEC” means Council

Directive 70/220/EEC of the 20th March, 1970 on the

approximation of the laws of the Member States on

measures to be taken against air pollution by gases from

positive-ignition engines of motor vehicles;”;

(c) immediately after the definition “Directive 80/1268/

EEC” there shall be inserted the following new definitions

“ “Directive 2002/24/EC” means Directive

2002/24/EC of the European Parliament and of the

Council of 18 March, 2002 relating to the type-approval

of two or three-wheeled motor vehicles;

“Directive 2005/55/EC” means Directive 2005/55/

EC of the European Parliament and of the Council of

28 September, 2005 on the approximation of the laws

of the Member States relating to the measures to be

taken against the emission of gaseous and particulate

pollutants from compression-ignition engines for use in

vehicles, and the emission of gaseous pollutants from

positive-ignition engines fuelled with natural gas or

liquefied petroleum gas for use in vehicles;”;

(d) immediately after the definition “Directive

2006/12/EC” there shall be inserted the following new

definition

“ “Directive 2007/46/EC” means Directive

2007/46/EC of the European Parliament and of the

Council of 5 September 2007 establishing a framework

for the approval of motor vehicles and their trailers, and

of systems, components and separate technical units

intended for such vehicle;”;

(e) the definition “gross vehicle weight (g.v.w.)” shall

be deleted;

(f) immediately after the definition “goods carrying

motor vehicle” there shall be inserted the following new

definition

“ “hire” shall include the long-term lease of a

vehicle covered by a lease agreement;”;

(g) immediately after the definition “licence” there

shall be inserted the following new definition

“ “light passenger transport vehicle” means any

M1 motor vehicle licensed to be used for the carriage of

persons against payment, other than a taxi;”;

( h ) i m m e d i a t e l y a f t e r t h e d e fi n i t i o n “ M a l t a

Environment and Planning Authority” there shall be inserted

the following new definition

“ “maximum authorised mass” means the

maximum technically permissible laden mass of a motor

vehicle as stated by the manufacturer;”;

(i) in the definition “motor vehicle for leasing” for the

words “for leasing” there shall be substituted the words “for

hire”;

(j) immediately after the definition “partnership” there

shall be inserted the following new definition

“ “passenger transport vehicle” means any M2

or M3 motor vehicle used for the carriage of persons

against payment;”;

(k) the definition “public hire vehicle” shall be deleted;

(l) immediately after the definition “rebuilt motor

vehicle” there shall be inserted the following new definition

“ “reference mass” means the mass of the vehicle

in running order less the uniform mass of the driver of

75 kg and increased by a uniform mass of 100 kg;”;

(m) the definition “self-drive motor vehicle” shall be

deleted; and

(n) for the definition “taxicar” there shall be substituted

the following

“ “taxi” means a passenger motor vehicle which

may carry no more than five passengers in addition to

the driver, which is fitted with a taximeter, and which is

licensed to stand and ply for hire as a taxi;”.

Sub-regulation (1) of regulation 4 of the principal Amends regulation

regulations shall be amended as follows

(a) in paragraph (a) thereof, for the words “in the case

of M1 vehicles and cycles” there shall be substituted the

words “in accordance with Directive 2007/46/EC in respect

of M1 vehicles and in accordance with Directive 2002/24/EC,

as amended, in respect of cycles”;

(b) paragraph (c) thereof shall be deleted;

(c) paragraphs (d) and (e) thereof shall be renumbered

as paragraphs (f) and (g) respectively;

(d) paragraph (b) thereof shall be renumbered as

paragraph (e);

(e) immediately after paragraph (a) thereof, there shall

be inserted the following new paragraph (b)

“(b) a declaration by the manufacturer in respect

of an M2 or M3 vehicle confirming that the vehicle

complies with the emission level standards established

under Directive 70/156/EEC, as amended, or a

Certificate of Conformity after the entry into force of the

provisions of Directive 2007/46/EC for each of those

categories of motor vehicles,”;

(f) immediately after new paragraph (b) thereof, there

shall be inserted the following new paragraph (c)

“(c)

in respect of –

(1) an N1 (Class I – with a reference mass

not exceeding 1,305 kg) vehicle a declaration

by the manufacturer confirming that the vehicle

complies with the emission level standards

established under Regulation (EC) No 715/2007,

as amended, or a Certificate of Conformity after

the entry into force of the provisions of Directive

2007/46/EC for that class of motor vehicles,

(2) an N1 (Class II – with a reference

mass exceeding 1,305 kg but not more than

1,760 kg, and Class III – with a reference mass

exceeding 1,760 kg) vehicle a declaration by the

manufacturer confirming that the vehicle complies

with the emission level standards established under

Directive 70/220/EEC as amended, or a Certificate

of Conformity after the entry into force of the

provisions of Directive 2007/46/EC for each of

those classes of motor vehicles,”;

(g) immediately after new paragraph (c) thereof, there

shall be inserted the following new paragraph (d)

“(d) in respect of N2 and N3 vehicles, a

declaration by the manufacturer confirming that the

vehicle complies with the emission level standards in

accordance with Directive 2005/55/EC, as amended, or

a Certificate of Conformity after the entry into force of

the provisions of Directive 2007/46/EC for each of those

categories of motor vehicles,”;

(h) in paragraph (f) as renumbered, for the words

“gross vehicle weight” there shall be substituted the words

“maximum authorised mass”; and

(i) in the provisos to paragraph (g) as renumbered, for

the words “fifteen days”, wherever they appear, there shall be

substituted the words “twenty days”.

Regulation 6 of the principal regulations shall be

amended as follows

(a) in sub-regulation (2) thereof, for the words “fifteen

days” there shall be substituted the words “twenty days”;

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

day period” there shall be substituted the words “twenty-day

period”; and

(c)

sub-regulation (4) thereof shall be amended as

follows

(a) in paragraph (b) thereof, for the words “gross

vehicle weight” there shall be substituted the words

“maximum authorised mass”;

(b) in paragraph (g) thereof, for the words

“g.v.w.” there shall be substituted the words “maximum

authorised mass”;

(c) paragraph (i) thereof shall be renumbered as

paragraph (j); and

(d) immediately after paragraph (h) thereof there

shall be inserted the following new paragraph

“(i) in respect of M1 vehicles purchased

from another Member State and brought into Malta

on the 1st April, 2011 or thereafter, a Certificate

of Authenticity issued by a body approved by the

Authority showing the vehicle’s authentic odometer

reading

Provided that where no such body has been

approved by the Authority and no such Certificate

of Authenticity may be provided, the Authority

may request additional documentation and may

carry out checks to confirm the authenticity of the

odometer reading

Provided further that the Authority may verify

the odometer reading of any used vehicle brought

into Malta from another Member State on or after

the 1st January, 2010, with any approved body and

where it results that a discrepancy exists between

the vehicle’s actual odometer reading recorded at

inspection stage by the Authority and the authentic

certificate, the registered owner of the vehicle shall

pay –

(1) the additional registration tax due

being the difference between the registration

tax paid upon the registration of the vehicle

and the registration tax which would have

been due if the discrepancy did not exist, and

(2) an administrative fine, to the

Authority, which shall be equal to the amount

of the additional registration tax as specified

under sub-paragraph (1).”.

Regulation 27 of the principal regulations shall be

amended as follows

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

transport vehicle” there shall be substituted the words

“passenger transport vehicle”;

(b) in sub-regulation (5) thereof, for the words “An

M3 vehicle” there shall be substituted the words “An M2 or

an M3 vehicle”, and in the proviso thereto for the words “any

M3 vehicle” there shall be substituted the words “any M2 or

M3 vehicle”; and

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

transport vehicle” there shall be substituted the words

“passenger transport vehicle”.

Sub-regulation (1) of regulation 31 of the principal

regulations shall be amended as follows

(a) for the words “public transport vehicles, vehicles

used for the carriage of goods and motor hearses” there

shall be substituted the words “vehicles used for hire or for

reward”;

(b) in paragraph (ii) thereof, for the words “CY in the

case of coaches” there shall be substituted the words “PY

in the case of passenger transport vehicles other than route

buses”;

(c) in paragraph (iii) thereof, for the words “MY in the

case of minibuses and midibuses” there shall be substituted

the words “LY in the case of light passenger transport

vehicles”;

(d) in paragraph (iv) thereof, for the words “SY in the

case of special minibuses” there shall be substituted the words

“XY in the case of vintage buses”;

(e) in paragraph (v) thereof, for the words “VY in the

case of vans” there shall be substituted the words “GV in the

case of N1 vehicles with a seating capacity of not more than

two persons”;

(f) paragraph (vi) thereof shall be deleted;

(g) paragraphs (vii) to (xiv) thereof, shall be

renumbered as paragraphs (vi) to (xiii) respectively;

(h) for paragraph (vi) as renumbered, there shall be

subtituted the following

“(vi) the letters TAXI M followed by three

numerical figures in respect of taxis operated in Malta;”;

(i) for paragraph (vii) as renumbered, there shall be

substituted the following

“(vii) the letters TAXI G followed by three

numerical figures in respect of taxis operated in Gozo;”;

(j) for paragraph (viii) as renumbered, there shall be

substituted the following

“(viii) the letters CABS in the case of electric

mini cabs;”; and

(k) in paragraph (ix) as renumbered, the words “long

term” shall be deleted.

Regulation 36 of the principal regulations shall be

amended as follows

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

issue ‘Trial Run’ plates” there shall be substituted the words

“may issue to authorised dealers ‘Trial Run’ plates” and

immediately after the words “of a fee of fifty euro (€50)”

there shall be added the words “and the presentation of the

licence to act as a vehicle trader or dealer issued under the

Police Licences Regulations”; and

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

be used by” there shall be substituted the words “shall be used

only by”.

In the First Schedule to the principal regulations,

immediately after the Type and Description applicable to “Special

Numeric and Alphabetical Format” there shall be added the

following

Composed as prescribed in the Taxi Services

“Registration marks

Regulations, 2010 (L.N. 369 of 2010).

Fee payable to the Authority: €60

”.

€0.75