CLAMPING AND REMOVAL OF ENCUMBERING OBJECTS

L.N. 76 of 2012

EDUCATION ACT

(CAP. 327)

STATUTE TO REGULATE TRAFFIC ON UNIVERSITY CAMPUS -

CLAMPING AND REMOVAL OF ENCUMBERING OBJECTS

IN EXERCISE of the powers conferred by articles 74(5) and 75(6) of the Education

Act, the Chancellor of the University of Malta has promulgated the following Statute

to Regulate Traffic such Statute made by the Council of the University of Malta in

virtue of the powers conferred upon it by articles 75(1) and (2) of the said Act

Citation

This Statute may be cited as the Statute to Regulate Traffic on University

Campus – Clamping and Removal of Encumbering Objects.

Definition and Interpretation

In this Statute, unless the context otherwise requires

“clamping zone” and “towing zone” mean any such place or area as may be

indicated by notice issued by the Rector, Estate and Works Manager or the Precincts

Officer and by means of signs and markings in terms of the provisions of the Traffic

Signs and Carriageway Markings Regulations, 1969, where the prohibited parking

of vehicles is subject to the fixing of clamps to wheels or the towing away of such

vehicles from such zone as the case may be;

“encumbering objects” means any motor vehicle, sea craft or any other thing

obstructing or otherwise impeding, causing nuisance or inconvenience in any passage

way, covered walkway and public area, access ramp, garage door, car park entrance,

parking bay for disabled Blue Badge holders and any reserved parking bay or any

other place as indicated with the relevant signage;

“University” means the University of Malta;

“Vehicles” include but are not limited to automobiles, trucks, motorcycles, motor-

scooters, electric cars, bicycles and mopeds.

General Policy

Unless otherwise provided for by these rules and regulations, all signs and

markings in terms of the provisions of Traffic Signs and Carriageway Markings

Regulations, 1969, shall be applicable on all of the University property without

distinction. This includes but is not limited to posted speed limits, traffic signs, and

other traffic control devices.

The Precincts Office is responsible for the traffic management at the

University.

Vehicle owners are themselves responsible for loss, damages or theft to their

vehicles and/or their contents whilst the vehicles are on University property. The

University assumes no responsibility for the damage to or theft of any vehicle or

its contents whilst the vehicle is parked or driven on campus. The University is not

responsible for damage that may occur whilst a vehicle is impounded, relocated,

or when a Public Safety Officer or other employee is assisting in a help-related

service.

(a) It is the responsibility of the individual operating a vehicle on the

University premises to understand and comply with the Statute to Regulate Traffic.

Failure to do so will lead to enforcement actions;

(b) rules and regulations contained in this Statute can be enforced by any

Parking Services Employee, any Public Safety Officer and any other authorized

University official. The University reserves the right to either relocate vehicles,

have them clamped or impounded through the services of third parties including an

off-campus agency.

The parking of a motor vehicle on the University property is a privilege,

granted by the University and is not an inherent right of any employee, student or

visitor. The University reserves the right to revoke parking privileges at any time it so

decides. Vehicles located on the University premises found to belong to individuals

whose parking privileges have been revoked will be removed immediately at the

owner’s expense.

The University requires all members of the University community to

comply with all applicable laws while driving any motor vehicles in connection

with University related activities or business. This includes vehicles owned by the

University.

The University shall be held exempt from any liability for whatever damage

is suffered in connection with the fixing of clamps or their removal, in the storage

and disposal of encumbering objects. Any person found guilty of acting out of

malice or found guilty of gross negligence in the performance of his duties during

the fixing or removal of the clamps, or the storage or the disposal of vehicles, shall

not be exonerated from liability for the damages caused.

Bicycles must park in bicycle racks or facilities provided for bike storage.

It is forbidden for vehicles (including motor homes or campers) to be used as

living units whilst parked on the University premises. The use of parking spaces as

private storage areas for vehicles, boats, trailers, and other objects that can impede

the free flow of traffic or the use of parking spots for their legitimate intended use is

forbidden.

Anyone parking or driving vehicles inside any University property where

such use of vehicles is forbidden will be issued with the proper summons and the

vehicle will be removed at the owner’s own expense.

Any measure taken by the University under this Statute shall not prejudice

criminal or civil action against offending parties.

The traffic and parking regulations as specified in this Statute shall apply

twenty-four (24) hours a day, seven (7) days a week including holidays.

The University reserves the right to change its Statute to Regulate Traffic at

any time it so decides.

Parking permits

Parking permits are issued to University employees, students and visitors;

(a) all vehicles parked on campus must visibly display a valid University parking

permit. Vehicles must be parked in the area indicated on the permit issued. Otherwise

the vehicle will be considered as illegally parked. Permits must be displayed in a

manner so that the permit type is easily distinguishable and the permit numbers

visible and legible. Failure to display permits in the stated manner will be considered

a violation of these rules and may result in penalties contemplated by this Statute;

(b) a parking permit issued by the Precincts Office does not guarantee the

availability of a parking space which may not be available such as in the case of,

construction projects or special events;

(c) tampering with, altering or in any way forging duplicates of official University

parking permits is prohibited;

(d) the cost of replacing a lost University parking permit is €25, except where

the permit needs to be replaced in the case of the vehicle being stolen or in the case

of providing evidence of a forcible entry into the vehicle as a result of which an

officially issued permit was stolen.

Parking Spaces and Areas

Parking is not permitted;

(a) in areas which are allocated for disabled persons, are marked as reserved,

or in other special areas unless special permits have been issued by the University

authorities;

(b) in any area which is clearly marked “Keep Clear”;

(c) in pedestrian crosswalks, driveways, landscaped or soft areas, on sidewalks or

in any manner that impedes pedestrian or the easy flow of vehicle traffic;

(d) within one metre of a sidewalk kerb which is reserved for wheelchair access.

Reserved parking slots are available for the University high officials, Deans

and Directors. Reserved parking slot holders may not park in any parking space other

than their own. Reserved parking slot holders may authorize others to park in their

allotted slot granted they duly notify the Precincts Office. University reserved spaces

include

(a) temporary-Reserved: parking slots, which will be clearly marked by the use

of cones and /or barricades, can be reserved for a time period for specific individuals

or groups;

(b) University Vehicle Only: parking reserved for official University vehicles;

(c) Slots for disabled persons/Access Corridors: Slots and their adjacent access

corridors are reserved for vehicles displaying valid disabled Blue Badge permits

issued by the Commission of Police.

Temporary disabled parking permits are also issued by the University. These

permits are available to persons who present a verifiable note from a medical doctor

stating that the person needs disability access for a specified period of time. These

vehicles must also display the relevant valid parking permit.

Reserved spaces are reserved (24) twenty-four hours a day and (7) seven days

a week. Unauthorized vehicles illegally occupying these spaces or blocking access

to either a space earmarked for disabled persons or their wheelchair access corridor

will be penalised according to the rules of this Statute and will be subject to vehicle

removal, relocation or will be impounded at the owner’s expense.

Parking Assignments

Parking permits are available as follows

(a) to all registered University students. Parking for students is restricted to blue

lined non reserved parking spaces around campus;

(b) to all full and part-time Council appointed academic staff. Parking for

academic staff is restricted to yellow lined non reserved parking spaces;

(c) to all full and part-time Council appointed non-academic staff. Parking for

non-academic staff is restricted to white lined non reserved parking spaces;

(d) to Junior College academic, administrative and technical staff. Parking for

Junior College academic staff is restricted to yellow lined non reserved parking

spaces, whilst parking for administrative and technical staff is restricted to white

lined non reserved parking spaces;

(e) to graduates of the University. These visitors may obtain a University of

Malta Alumni Card from the Communications and Alumni Office which will entitle

them to daily visitor parking permits. Parking for graduates is restricted to white

spaces;

(f) to visitors of the University. Visitors are required to display a valid visitor

permit for each day they wish to park on campus. Permits may be obtained from the

main entrance to campus against evidence of the need for entry. Parking for visitors

is restricted to white spaces;

(g) to non-employee group permits. These must be sought from the Precincts

Office in advance on condition the host department or individual confirms to the

Office the need of a non employee parking permit.

(h) for Special Event parking. Arrangements for these events must be made with

the Precincts Office as soon as the events are scheduled. Requests for such permits

must reach the Precincts Office thirty (30) days in advance in order to allow enough

time for the Office to adequately plan the setting up of parking facilities for the

special event. The Precincts Office will charge a fee against such requests to cover

the availability of a Public Safety officer present during such special events.

Enforcement

Failure to observe rules and regulations in this Statute can lead to the following

enforcement actions

(a) the University may remove and relocate any encumbering object causing

nuisance, inconvenience or obstruction to traffic and/or any encumbering object in a

place or space not permitted by the University for the use of such purposes, or if such

a place or space is specifically indicated as a towing zone;

(b) it shall be lawful for the University to fix wheel clamps to any motor vehicle

parked or left unattended in an area specifically indicated as a clamping zone. Vehicles

will also be clamped if they are unidentified or are parked in the wrong parking

slots;

(c) the relocation of vehicles may take place when a vehicle is parked in a

reserved space, reserved area, or deemed to be obstructing traffic, parking, or access

to buildings. Vehicles that are relocated to another area on campus may be retrieved

by the registered owner against the payment of a fine. Vehicles that are impounded

can be removed from campus by a person or agency authorised by the University.

Vehicles will be released to the registered owner against payment of the relevant fee.

During the course of relocation or impounding, it may be necessary for an authorised

University employee or the towing agency to access the vehicle and this will be

considered proper and lawful;

(d) the University shall publish a Notice of Removal at the Security main gate or

at the Precincts Office, describing the encumbering object removed and indicating

the exact location from where it was removed and the holding ground from where it

can be retrieved;

(e) abandoned vehicles on University premises whose owners cannot be traced,

will be reported to the Maltese Police Force for further action.

Charges

All summons and fines related to violations of this Statute including the towing

and clamping of vehicles are the responsibility of the person in whose name the

vehicle is registered with the University, regardless of whether they are the offending

driver or owner of the vehicle.

(a) The following fines will be enforced in the case of violations

Car clamping.....................………………………………………………. €23.00

Car towing...........................................………………………………....... €80.00

The Council reserves the right to review these charges at its discretion. Any eventual

reviews of these charges will be publicised by the Finance Office.

(b) fines are to be paid at the Maltapost branch at the University. Those

wishing to object to the fine imposed must appeal to the Director of Finance within

fourteen (14) calendar days from the date of the summons being issued. Fees due

must be paid in full, prior to launching an appeal;

(c) failure to pay the elative fine may prevent a student from registering for

classes, from obtaining academic records and transcripts, and may make the permit

holder’s vehicle subject to being impounded. In the case of University employees,

failure to pay may result in the withdrawal of a parking permit.

Any unauthorised person who attempts to remove or removes wheel clamps

fixed to a motor vehicle, shall be guilty of an offence against this Statute.

Wheel clamps shall not be removed by the University nor shall the vehicle be

returned to its owner before fees levied by the University in terms of this Statute have

been paid.

Should an owner fail to retrieve his vehicle or fail to pay pending fines the

Precincts office will report the case to the Maltese Police Force for further action.

€0.72