Objects (Amendment) Regulations, 2011

L.N. 260 of 2011

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT

IN MALTA ACT

(CAP. 449)

Clamping and Removal of Motor Vehicles and Encumbering

Objects (Amendment) Regulations, 2011

IN exercise of the powers conferred by article 54 of the

Traffic Regulation Ordinance, and by article 43 of the Authority for

Transport in Malta Act, 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 Clamping

and Removal of Motor Vehicles and Encumbering Objects

(Amendment) Regulations, 2011 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”.

(2)

These regulations shall come into force on the 3rd

July, 2011.

In regulation 2 of the principal regulations, in the

definition “Authority”, immediately after the words “Authority

for Transport in Malta Act” there shall be added the words “or

any contractor duly authorised by the said Authority for specific

purposes of these regulations”.

Regulation 3 of the principal regulations shall be

amended as follows

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

substituted the words “Removal of encumbering objects and

other vehicles.”;

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

substituted the following

“(1) The Commissioner or the Authority or

the Council may remove, store and dispose of any

encumbering object which is causing any nuisance,

inconvenience or obstruction and is in a place or

space which is not lawfully permitted to be used for

such purpose, or if such place or space is specifically

indicated as a towing zone

Provided that the powers of the Authority shall

be limited only to the removal, storage and disposal of

any encumbering object which is causing any nuisance,

inconvenience or obstruction in a bus terminus or on a

bus stage or in a bus bay or in a bus lay-by or in a bus

lane used for the provision of public passenger transport

services as provided for in the Passenger Transport

Services Regulations, 2009, or on the sites listed in the

Schedule to these regulations or which is in a place or

space on such sites which is not lawfully permitted to

be used for such purpose, or, in respect of a vehicle, is

parked in breach of the terms and conditions published

at any of the said sites

Provided further that any encumbering object

which has been so removed or stored or is still in the

process of being disposed of, shall not be returned to its

owner before a fee levied by the Commissioner or the

Authority or the Council, in terms of these Regulations,

has been paid.”;

(c) in sub-regulation (2) thereof, for the words

“Commissioner or the Council”, wherever they appear,

there shall be substituted the words “Commissioner, or the

Authority or the Council”; and

(d) in sub-regulation (3) thereof, immediately after the

words “Registration and Licensing Act” there shall be added

the words “and any regulations made thereunder”.

Regulation 4 of the principal regulations shall be Amends regulation

amended as follows

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

substituted the words “Fixing of clamps.”;

(b) the regulation shall be renumbered as sub-

regulation (1);

(c) immediately after sub-regulation (1) as renumbered,

there shall be added the following new sub-regulation

“(2) It shall be lawful for the Authority to fix

wheel clamps to any motor vehicle parked or left

unattended in breach of terms and conditions published

at any site listed in the Schedule to these regulations.”.

In regulation 5 of the principal regulations, immediately

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

be inserted the words “or the Authority”.

Regulation 9 of the principal regulations shall be

amended as follows

(a) in the marginal note thereto, immediately after the

words “or the Council” there shall be added the words “or the

Authority”;

(b) in paragraph (b) thereof immediately after the

words “derelict vehicle” there shall be inserted the words “or

any other vehicle removed under these regulations”;

(c) in paragraph (c) thereof immediately after the

words “derelict vehicle” there shall be inserted the words “or

any other vehicle removed under these regulations”; and

(d) in paragraph (d) thereof immediately after the

words “derelict vehicles” there shall be added the words “or

any other vehicle removed under these regulations”.

In sub-regulation (2) of regulation 11 of the principal

regulations, the words “to the Commissioner” shall be deleted.

Immediately after regulation 11 of the principal

regulations, there shall be added the following Schedule

“SCHEDULE

(Regulations 3, 4)

Park and Ride Sites

Park and Ride Site at Floriana

Park and Ride Site at Marsa

Park and Ride Site at Pembroke”.

€0.63