Regulations, 2012

L.N. 22 of 2012

MOTOR VEHICLES REGISTRATION

AND LICENSING ACT

(CAP. 368)

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Arrears of Motor Vehicle Licence Fees (Regularisation)

Regulations, 2012

IN exercise of the powers conferred by article 20 of the

Motor Vehicles Registration and Licensing Act and article 54 of

the Traffic Regulation Ordinance, the Minister for Infrastructure,

Transport and Communications in concurrence with the Minister

of Finance, the Economy and Investment and after consultation

with the Authority for Transport in Malta, has made the following

regulations:-

The title of these regulations is the Arrears of Motor

Vehicle Licence Fees (Regularisation) Regulations, 2012.

In these regulations, unless the context otherwise requires –

“the Authority” means the Authority for Transport in

Malta established under the Authority for Transport in Malta

Act;

“circulation licence fee” means the fee paid on the

licensing of a motor vehicle and annually thereafter;

“the Ordinance” means the Traffic Regulation

Ordinance;

“vehicle licence” means the circulation licence issued by

the Authority in terms of regulation 14 of the Registration and

Licensing of Motor Vehicles Regulations, 2009.

Whosoever on the date of the coming into force of these Immunity from

regulations has incurred liability under article 57 of the Ordinance criminal

or under regulations 13 and 14 of the Registration and Licensing of payment.

Motor Vehicles Regulations, 2009, shall be granted an immunity

from criminal liability and a full or partial exemption from the

payment of arrears in circulation licence fees due to the Authority

upon the fulfilment of the terms and conditions set out by these

regulations.

During the period from when these regulations come

into force until the 31st December, 2012, hereinafter called the

regularisation period, any person to whom regulation 3 hereof

applies, shall submit the applicable form to the Authority in order

to regularise his position in accordance with these regulations.

The form shall be presented at the Authority’s Driver

and Vehicle Licensing Unit together with the payment of a

processing fee of one hundred and twenty-five euro (€125) and

of any other amount in outstanding fines (multa or ammenda)

awarded by a court of criminal jurisdiction or penalties awarded

by a Commissioner of Justice in terms of the Commissioners for

Justice Act in connection with any offence committed in respect

of the said vehicle and also any outstanding access fees in terms of

the Vehicle Access Zones (Control) Regulations, 2007

Provided that any form which is not accompanied by the

payment of the processing fee and outstanding fines and, or

penalties, shall not constitute a valid request in terms of regulation

4 of these regulations.

(1) A form in respect of a licence pertaining to a

vehicle which has been scrapped without the necessary formalities

outlined in regulation 10 of the Registration and Licensing of

Motor Vehicles Regulations, 2009, shall be accompanied by a

sworn statement to that effect.

(2) A person who submits a valid form under this

regulation shall –

(a) benefit from a total exemption from criminal

liability and from the payment of arrears due by him in

relation to the licence of the said vehicle under the Ordinance

and under the Registration and Licensing of Motor Vehicles

Regulations, 2009, and

(b) be exempt from the payment of any outstanding

administrative fines which are due in terms of article 21(5)

of the Motor Vehicles Registration and Licensing Act and

regulation 14(2) of the Registration and Licensing of Motor

Vehicles Regulations, 2009.

Any person who submits a form in respect of a licence

pertaining to a vehicle which such person intends to scrap in

accordance with the provisions of Part VIII of the Registration and

Licensing of Motor Vehicles Regulations, 2009, shall –

(a) benefit from a full exemption from the payment of

all arrears in circulation licence fees due in respect of the said

vehicle,

(b) be exempt from criminal liability if and when

he fulfils the requirements set out in regulation 10 of the

Registration and Licensing of Motor Vehicles Regulations,

2009, and

(c) be exempt from the payment of any outstanding

administrative fines which are due in terms of article 21(5)

of the Motor Vehicles Registration and Licensing Act and

regulation 14(2) of the Registration and Licensing of Motor

Vehicles Regulations, 2009.

(2) The form mentioned in sub-regulation (1) shall be

accompanied by a sworn statement confirming that the vehicle was

not used on the road.

(1) Any person who submits a form in respect of a

circulation licence pertaining to a vehicle which is no longer used

on the road but which has not been garaged in accordance with the

provisos to regulation 14(3) of the Registration and Licensing of

Motor Vehicles Regulations, 2009, shall –

(a) benefit from a reduction of fifty per cent (50%)

of all the arrears in licence fees due in respect of the said

vehicle, and

(b) be exempt from all administration fines in terms

of the provisions of regulation 6(2)(b) and from all criminal

liability if and when such person fulfils the requirements

set out in the said provisos and pays the reduced amount of

arrears due by such person

P r o v i d e d t h a t w h e n s u c h a p e r s o n f u l fi l s t h e

requirements of this regulation and makes a request in writing

to the Authority to renew the licence of that vehicle, that

licence shall only come into force three months from the date

in which the Authority had received the request for renewal.

(2) The form mentioned in sub-regulation (1) shall be

accompanied by a sworn statement confirming that the vehicle was

not used on the road.

An applicant for an exemption or partial exemption under

regulations 6, 7 and 8 who still has to pay any outstanding fines

awarded by a court of criminal jurisdiction or penalties awarded by

a Commissioner of Justice or any outstanding access fees in terms

of the Vehicle Access Zones (Control) Regulations, 2007, he shall

also have to settle all the circulation licence fees due up to the date

on which he had committed the most recent offence for which a

fine was awarded by the court or the Commissioner of Justice or on

which he last accessed a charging zone.

Any person who submits a form in respect of a licence

pertaining to a vehicle which such person does not intend to

garage in accordance with the provisos to regulation 14(3) of

the Registration and Licensing of Motor Vehicles Regulations,

2009, shall be exempt from all administration fines in terms of the

provisions of regulation 6(2)(b) of these regulations and from all

criminal liability.

The Arrears of Motor Vehicle Licences (Regularisation)

Regulations, 2004, are hereby being revoked.

2004. €0.36