Motor Vehicles (Exchange of Information) Regulations, 2013 (exchangeofinformation)

L.N. 237 of 2013

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Exchange of Information) Regulations, 2013

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act and by article 54 of the Traffic

Regulation Ordinance, the Minister for Transport and Infrastructure

has, after consultation with the Authority for Transport in Malta,

made the following regulations:-

The title of these regulations is the Motor Vehicles

(Exchange of Information) Regulations, 2013.

(Regulation 4)

Road safety related traffic offences to which these regulations apply

and relative provisions in national legislation

Offence

Legislation

(a) speeding

regulation 127 of the Motor Vehicles

Regulations (S.L.65.11); Second Schedule to the

Traffic Regulation Ordinance (Cap.65)

(b) non-use of seat-belt

regulations 3 and 4 of the Motor Vehicles

(Wearing of Seat Belts) Regulations (S.L.65.12)

(c) failing to stop at a red

regulation 125(2) and (3) of the Motor Vehicles

traffic light

Regulations (S.L.65.11)

(d) drink-driving

articles 15A, 15B(1) and 15H of the Traffic

Regulation Ordinance (Cap. 65)

(e) driving

under

the

articles 15A and 15H of the Traffic Regulation

influence of drugs

Ordinance (Cap. 65)

(f) failing to wear a safety

regulation 123 of the Motor Vehicles

helmet

Regulations (S.L.65.11) and regulations 10 and

21 of the Low-Powered Vehicles and Pedal

Cycles Regulations (S.L.65.26)

(g) use of a forbidden lane

regulation 90(4) of the Motor Vehicles

Regulations (S.L.65.11)

(h) illegally using a mobile

regulation 115 of the Motor Vehicles

telephone or any other

Regulations (S.L.65.11)

communication

devices

while driving

€0.54

In these regulations -

"the Act" means the Authority for Transport in Malta Act;

"the Authority" means the Authority for Transport in Malta

established under the Act;

"automated search" means an online access procedure for

consulting the database of a competent authority;

"competent authority" means a national contact point designated

for the purpose of Article 4(3) of the Directive and Article 12 of

Council Decision 2008/616/JHA and to carry out the functions of the

competent authority under the said Directive and Council Decision;

"Council Decision 2008/615/JHA" means Council Decision

2008/615/JHA of 23 June, 2008 on the stepping up of cross-border

cooperation, particularly in combating terrorism and cross-border

crime;

"Council Decision 2008/616/JHA" means Council Decision

2008/615/JHA of 23 June, 2008 on the implementation of Council

Decision 2008/615/JHA;

"data" means any information which is mandatory under Annex

I to the Directive and Chapter 3 of the Annex to Council Decision

2008/616/JHA and which is required for the identification of a motor

vehicle and its owner or holder or operator;

"the Directive" means Directive 2011/82/EU of the European

Parliament and of the Council of 25 October, 2011 facilitating the

cross-border exchange of information on road safety related traffic

offences, as may be amended;

"local enforcement agencies" means the Police or the Local

Enforcement System;

"local enforcement system" shall include local wardens

operating in the context of the local wardens services as defined by

article 2 of the Private Guards and Local Wardens Act, and any other Cap. 389.

service provider involved in the management of the local enforcement

system;

"Eucaris Treaty" means the Treaty concerning a European

Vehicle and Driving Licence Information System done in

Luxembourg on the 29th June, 2000;

"European Union" has the meaning assigned to it in the

European Union Act;

"holder of the vehicle" means the person in whose name a

vehicle is registered;

"Member State" means a Member State of the European Union;

"Prum Treaty" means the Treaty on the setting up of cross-

border cooperation, particularly in combatting terrorism, cross-border

crime and illegal migration, signed in Prüm on 27 May, 2005;

"State of offence" means the State where a scheduled road

traffic offence has been committed.

The Authority is designated as the competent authority and Competent

contact point in Malta for the exchange of information in respect of authority.

the road traffic offences mentioned in the Directive and also in

respect of the provisions of Article 12 of Council Decision 2008/615/

JHA.

(1)

The Authority shall have the power to -

Power to

provide or

obtain

(a)

provide to a competent authority in any other

information.

Member State or in any State which is party to the Eucaris

Treaty, information on power-driven vehicles which are

registered with the Authority and which may have been

involved in road safety related traffic offences in that State;

(b) provide to a competent authority in any other

Member State or in any State which is party to the Prum Treaty,

information on power-driven vehicles which are registered with

the Authority for the purposes of the provisions of Article 12 of

Council Decision 2008/615/JHA;

(c)

to access the vehicle registration database of a

competent authority in any other Member State or in any State

which is party to the Eucaris Treaty, to obtain information on

power-driven vehicles which are registered with that competent

authority and which may have been involved in road safety

related traffic offences in Malta; and

(d) to access the vehicle registration database of a

competent authority in any other Member State or in any State

which is party to the Prum Treaty, to obtain information on

power-driven vehicles which are registered with that competent

authority for the purposes of the provisions of Article 12 of

Council Decision 2008/615/JHA.

(2) The traffic offences referred to in sub-regulation (1)(a) and

(c) are those listed in the Schedule.

(3) For the purpose of implementing the provisions of sub-

regulation (1)(a), the Authority shall allow the said competent

authority in the State of offence to access its vehicle registration

database to conduct automated searches on -

(a)

data relating to the vehicle, and

(b)

data relating to the owner or holder of the vehicle,

in respect of a vehicle involved in any of the road safety related

traffic offences listed in the Schedule.

(4) For the purpose of implementing the provisions of sub-

regulation (1)(b), the Authority shall allow the competent authority in

that State to access its vehicle registration database to conduct

automated searches on -

(a)

data relating to the vehicle, and

(b)

data relating to the owner or operator of the vehicle.

(5) The data to be provided, or obtained by the Authority, on

the vehicle and on the holder or owner or operator of the vehicle shall

be in compliance with Annex I to the Directive or the data specified

in Chapter 3 of the Annex to Council Decision 2008/616/JHA, as the

case may be.

(6) In the case of information obtained by the Authority from

the vehicle registration database of other competent authorities, it

shall be passed on to the local enforcement agencies for any

proceedings which they may initiate in accordance with the

provisions of Article 5 of the Directive or for the purposes of the

provisions of Article 12 of Council Decision 2008/615/JHA.

(1) Data obtained through automated searches either by Protection of

the Authority or by a competent authority in a State of the offence data obtained.

shall not be used for any reason other than to establish the identity of

the owner or holder of a vehicle involved in a scheduled traffic

offence or to establish the identity of the owner or operator of a

vehicle for the purposes of the provisions of Article 12 of Council

Decision 2008/615/JHA.

(2) Any personal data processed under these regulations shall

be processed in accordance with the provisions of the Processing of S.L. 440.06

Personal Data (Police and Judicial Cooperation in Criminal Matters)

Regulations.

(3) A person who is the owner or holder or operator of a

vehicle registered with the Authority whose details have been

obtained by the competent authority of another State in terms of these

regulations, may request and shall be given by the Authority,

information on personal data transmitted to that State, including the

date of the request for such data by the competent authority of that

State and the name of the said competent authority.