MT
Regulations, 2013
Table of Provisions (21)
Statutory Text (21 Articles)
L.N. 149 of 2013
TRAFFIC REGULATION ORDINANCE
(CAP. 65)
Motor Vehicles (Driving Licences) (Amendment)
Regulations, 2013
IN exercise of the powers conferred by article 54 of the Traffic
Regulation Ordinance, the Minister for Transport and Infrastructure,
after consultation with the Authority for Transport in Malta, has made
the following regulations:-
(1) The title of these regulations is the Motor Vehicles
(Driving Licences) (Amendment) Regulations, 2013, and these
regulations shall be read and construed as one with the Motor
Vehicles (Driving Licences) Regulations, hereinafter referred to as
"the principal regulations".
(2) These regulations shall be deemed to have come into force
on the 19th January, 2013.
Regulation 2 of the principal regulations shall be amended
as follows
(a)
in the definition "the Directive" immediately after
the words "as amended" there shall be added the words "by
Commission Directive 2009/113/EC of 25 August, 2009, and
Commission Directive 2011/94/EU of 28 November, 2011";
(b) immediately after the definition "the Directive"
there shall be added the following new definition
" "Directive 2002/24/EC" means Directive 2002/
24/EC of the European Parliament and of the Council
relating to the type approval of two or three-wheel motor
vehicles;";
(c)
immediately after the definition "dual control
system" there shall be added the following new definitions
" "European Economic Area" has the meaning
assigned to it in the European Economic Area Agreement
between the European Union and the European Free Trade
Area signed in Oporto, on 2 May 1992;
" "European Union" has the same meaning
assigned to it in the European Union Act;";
(d) immediately after the definition "licensed
operator" there shall be added the following new
definition
" "light quadricycle" has the same meaning
assigned to it in Article 1(3)(a) of Directive 2002/24/EC;";
(e)
the definition "Member State" shall be substituted
by the following new definition
" "Member State" means a Member State of the
European Union or member of the European Economic
Area;";
(f)
the definition "moped" shall be substituted by the
following new definition
" "moped" shall have the same meaning given to it
in Article 1(2)(a) of Directive 2002/24/EC;";
(g) in the definition "motor vehicle" immediately after
the word "motorcycle" there shall be added the words "or a
motor tricycle";
(h) the definition "motorcycle" shall be substituted by
the following new definition
" "motorcycle" means a two-wheel vehicle with or
without a sidecar as defined in Article 1(2)(b) of Directive
2002/24/EC;";
(i)
immediately after the definition "motorcycle" there
shall be added the following new definition
" "motor tricycle" means a vehicle with three
symmetrically arranged wheels as defined in Article
1(2)(c) of Directive 2002/24/EC;";
(j)
immediately after the definition "public transport
vehicle" there shall be added the following new definition
" "quadricycle" has the same meaning assigned to it
in article 1(3)(b) of Directive 2002/24/EC;"; and
(k) the definition " "tricycle" and "quadricycle" " shall
be deleted.
In sub-regulation (5) of regulation 3 of the principal
regulations, for the words "the Community model" there shall be
substituted the words "the model".
Regulation 5 of the principal regulations shall be
substituted by the following
" Validity of
The holder of a driving licence issued by
driving
the competent authority in a third country may drive
licences
in Malta, for a period not exceeding twelve months
issued by
competent
from the date of his last entry into Malta, any class
authorities in
third
or description of vehicle covered by the driving
countries.
licence issued to him by the competent authority in
that third country.";
5. Regulation 6 of the principal regulations shall be
substituted by the following
"6. Driving licences issued by the competent authorities
in other Member States shall be recognised in Malta.".
Regulation 7 of the principal regulations shall be
substituted by the following
"7. (1) A driving licence issued by a competent
authority in -
(a)
another Member State, or
(b)
Switzerland, or
(c) a country with which Malta has a mutual
recognition of driving licence agreement,
may be exchanged for an equivalent Maltese licence.
(2) Countries with which Malta has a mutual
recognition of driving licence agreement are those listed in the
Fourteenth Schedule.".
In regulation 8 of the principal regulations, for the words
"of a European Union driving licence" there shall be substituted the
words "of a driving licence issued in another Member State".
In sub-regulation (2) of regulation 9 of the principal
regulations, the words "and sub-category" shall be deleted.
Regulation 11 of the principal regulations shall be deleted.
Deletes
regulation 11 of
the principal
regulations.
Regulation 14 of the principal regulations shall be Substitutes
regulation 14 of
substituted by the following
the principal
regulations.
An international driving permit shall be
" Issue of
permit.
issued to a person who -
(a)
has his normal residence in Malta;
and
(b) is the holder of a driving licence
issued by the Authority or by a competent
authority in another Member State.".
11. Regulation 15 of the principal regulations shall be Substitutes
regulation 15 of
substituted by the following
the principal
regulations.
" Validity of
An international driving permit issued by
international
the Authority in terms of regulation 14 shall be valid
driving
for a period of twelve months.".
permit.
12. Regulation 23A of the principal regulations shall be Deletes
regulation 23A
deleted.
of the principal
regulations.
13. Sub-regulation (1) of regulation 33 of the principal Amends
regulation 33 of
regulations shall be substituted by the following
the principal
regulations.
"(1) An application for the grant of a driving licence
under these regulations shall be made to the Authority on the
appropriate form, which shall be accompanied by a medical
certificate and the appropriate licence fee.".
14. In the marginal note to regulation 35 of the principal Amends
regulations, for the words "the Public Transport Authority" there shall regulation
the principal
be substituted the words "the Authority".
regulations.
15. In regulation 39 of the principal regulations, for the words Amends
"driving licence, for any of the licence categories listed in the Second regulation
the principal
Schedule" there shall be substituted the words "driving licence".
regulations.
Regulation 43 of the principal regulations shall be Substitutes
regulation 43 of
substituted by the following
the principal
regulations.
"43. A full driving licence shall be granted, against
payment, valid from the date of expiry of a probationary driving
licence, only if the probationary driving licence is still valid.".
In sub-regulation (1A) of regulation 44 of the principal
regulations, for the words "shall remain valid for a maximum period
of five years" there shall be substituted the words "shall have an
administrative validity of five years".
Regulation 49 of the principal regulations shall be
substituted by the following
"49. The issue of driving licences shall be subject to the
following conditions
(a) licences for categories C1, C, D1 and D shall
be issued only to drivers already entitled to drive vehicles
in category B; and
(b) licences for categories BE, C1E, CE, D1E
and DE shall be issued only to drivers already entitled to
drive vehicles in categories B, C1, C, D1 and D
respectively.".
Regulation 50 of the principal regulations shall be
amended as follows
(a)
sub-regulation (1) thereof shall be deleted;
(b) in sub-regulation (2) thereof, for the words "shall,
with effect from the 19th January, 2013, be determined" there
shall be substituted the words "shall be determined"; and
(c)
sub-regulation (2) thereof shall be renumbered as
regulation 50.
The First Schedule to the principal regulations shall be
amended as follows
(a)
Part I thereof shall be deleted;
(b)
Part II thereof shall be amended as follows
(i)
the words "Part 2" shall be deleted;
(ii) for the words "Categories of Vehicle for
licensing purposes as from the 19th January, 2013" there
shall be substituted the words "Categories of vehicle for
licensing purposes";
(iii) for the word "Mopeds" in the second column
of the table thereof shall be substituted by the following
"Mopeds
Light quadricycles";
(iv) in the second column of the table thereof in
respect of category licence B, for the words "behaviour has
been passed" there shall be substituted the words
"behaviour, in accordance with Annex V of the Directive,
has been passed"; and for the words "Agricultural
tractors." there shall be substituted the following
"Agricultural tractors
Motor tricycles with a power exceeding 15
kW provided that the holder of the licence is at
least 21 years old.";
(v) for the words from "Driving licences which
under Part 1 are in category" to the words "from the 19th
January, 2013" there shall be substituted the following
"Driving licences which before the 19th
January, 2013, were in category -
(a) A+ shall be changed to category A,
(b) A shall be changed to category A2, and
(c) F shall be changed to category D1
as from the 19th January, 2013
Provided that persons who before the 19th
January, 2013, held a category F driving licence
may continue to drive motor vehicles which can
carry up to eighteen passengers until their category
F licence expires
Provided also that such holders of a category
F driving licence shall be exempt from the payment
of fees in respect of the theory and practical tests if
they apply to add a category D or DE to their
driving licence.".
The Second Schedule to the principal regulations shall be Substitutes the
Second
substituted by the following
Schedule to the
principal
regulations.
"SECOND SCHEDULE
(Regulations 4, 39)
Minimum ages for obtaining or holding a driving licence
(a) Subject to paragraph (b), the minimum ages for obtaining
or holding a driving licence shall be the following
Column 1
Column 2
Category
Age in years
AM
A (in respect
of
22 (where applicant has two years’
motorcycles)
experience on A2)
24 (where applicant does not have
two years’ experience on A2)
A (in respect of motor
tricycles with a power
exceeding 15kW)
B1, B, BE
C1, C1E
C, CE
D1, D1E
D, DE
(b) Where a person holds a certificate of professional
competence in terms of the provisions of Part IV of these regulations,
the minimum age for obtaining or holding the relative driving licence
shall be as follows
Column 1
Column 2
Category
Age in years
C1, C1E
C, CE
D1, D1E
D, DE
".
The Third Schedule to the principal regulations shall be
substituted by the following
"THIRD SCHEDULE
(Regulation 26)
Minimum technical requirements for vehicles used
in the tests of skills and behaviour
Minimum technical requirements
Category A1 motorcycle without sidecar, with a
cubic capacity of at least 120 cm 3 , and capable of
a speed of at least 90 km/h.
Motorcycle without sidecar, with a cylinder
capacity of at least 400 cm 3 , and an engine power
of at least 25 kW.
Motorcycle without sidecar, with a cylinder
capacity of at least 600 cm 3 , and an engine power
of at least 40 kW.
A four-wheeled category B vehicle capable of a
speed of at least 100 km/h.
A combination, made up of a category B test
vehicle and a trailer with a maximum authorised
mass of at least 1,000 kg, capable of a speed of at
least 100 km/h, which does not fall within category
B; the cargo compartment of the trailer shall
consist of a closed box body which is at least as
wide and as high as the motor vehicle; the closed
box body may also be slightly less wide than the
motor vehicle provided that the view to the rear is
only possible by use of the external rear-view
mirrors of the motor vehicle; the trailer shall be
presented with a minimum of 800 kg real total
mass.
A motor-powered quadricycle capable of a speed
of at least 60 km/h.
A category C vehicle with a maximum authorised
mass of at least 12,000 kg, a length of at least 8m, a
width of at least 2.4 m and capable of a speed of at
least 80 km/h; fitted with anti-lock brakes,
equipped with a gearbox having at least eight
forward ratios and recording equipment as defined
by Regulation (EEC) No 3821/85; the cargo
compartment shall consist of a closed box body
which is at least as wide and as high as the cab; the
vehicle shall be presented with a minimum of
10,000 kg real total mass.
Either an articulated vehicle or a combination of a
category C test vehicle and a trailer of at least 7.5
m in length; both the articulated vehicle and the
combination shall have a maximum authorised
mass of at least 20,000 kg, a length of at least 14 m
and a width of at least 2.4 m, shall be capable of a
speed of at least 80 km/h, fitted with anti-lock
brakes, equipped with a gearbox having at least
eight forward ratios and with recording equipment
as defined by Regulation (EEC) No 3821/85; the
cargo compartment shall consist of a closed box
body which is at least as wide and as high as the
cab; both the articulated vehicle and the
combination shall be presented with a minimum of
15,000 kg real total mass.
A category C1 vehicle with a maximum authorised
mass of at least 4,000 kg, with a length of at least
5m and capable of a speed of at least 80 km/h;
fitted with anti-lock brakes and equipped with
recording equipment as defined by Regulation
(EEC) No 3821/85; the cargo compartment shall
consist of a closed box body which is at least as
wide and as high as the cab.
A combination made up of a category C1 test
vehicle and a trailer with a maximum authorised
mass of at least 1,250 kg; this combination shall be
at least 8m in length and capable of a speed of at
least 80 km/h; the cargo compartment of the trailer
shall consist of a closed box body which is at least
as wide and as high as the cab; the closed box body
may also be slightly less wide than the cab
provided that the view to the rear is only possible
by use of the external rear-view mirrors of the
motor vehicle; the trailer shall be presented with a
minimum of 800 kg real total mass.
A category D vehicle with a length of at least 10m,
a width of at least 2.40m and capable of a speed of
at least 80 km/h; fitted with anti-lock brakes and
equipped with recording equipment as defined by
Regulation (EEC) No 3821/85.
A combination made up of a category D test
vehicle and a trailer with a maximum authorised
mass of at least 1,250 kg, a width of at least 2.40m
and capable of a speed of at least 80 km/h; the
cargo compartment of the trailer shall consist of a
closed box body which is at least 2m wide and 2m
high; the trailer shall be presented with a minimum
of 800 kg real total mass.
A category D1 vehicle with a maximum authorised
mass of at least 4,000 kg, with a length of at least
5m and capable of a speed of at least 80 km/h;
fitted with anti-lock brakes and equipped with
recording equipment as defined by Regulation
(EEC) No 3821/85.
A combination made up of a category D1 test
vehicle and a trailer with a maximum authorised
mass of at least 1,250 kg and capable of a speed of
at least 80 km/h; the cargo compartment of the
trailer shall consist of a closed box body which is at
least 2m wide and 2m high; the trailer shall be
presented with a minimum of 800 kg real total
mass.
Testing vehicles for categories BE, C, CE, C1, C1E, D, DE,
D1 and D1E which are not in conformity with the minimum
criteria given above but which were in use on or before the date
specified in Article 3 of Commission Directive 2008/65/EC, may
still be used until 30 September 2013.".
Immediately after the Thirteenth Schedule to the principal Adds new
regulations there shall be added the following new Schedule
"FOURTEENTH SCHEDULE
(Regulation 7)
Countries with which Malta has a mutual recognition
of driving licence agreement
Australia".
€1.08