Regulations, 2014

L.N. 14 of 2014

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Driving Licences) (Amendment)

Regulations, 2014

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, 2014, 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) Regulations 2 to 10 shall be deemed to have come into

force on the 31st December, 2013.

(3) Regulation 11 shall come into force on the 1st March,

2014.

Regulation 2 of the principal regulations shall be amended

as follows

(a)

in the definition "the Directive", for the words "and

Commission Directive 2011/94/EU of 28th November, 2011"

there shall be substituted the words "Commission Directive

2011/94/EU of 28 November, 2011, Commission Directive

2012/36/EU of 19 November, 2012 and Commission Directive

2013/47/EU of 2 October, 2013";

(b)

the definition "g.v.w" shall be deleted; and

(c)

the definition "gross vehicle weight" shall be

deleted.

In regulation 35 of the principal regulations for the words

"the Public Transport Directorate", there shall substituted the words

"the Authority".

In sub-regulation (2) of regulation 36 of the principal

regulations, immediately after the words "or a court" there shall be

added the words "or a Commissioner of Justice".

Regulation 44 of the principal regulations shall be Amends

regulation 44 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by the

following

"(1) Full driving

licences

shall

have

an

administrative validity of -

(a) ten years in respect of a licence issued

for categories AM, A1, A2, A, B, B1 and BE

Provided that where the holder of any such

licence has reached the age of seventy years, that

licence shall have an administrative validity of

five years;

(b) five years in respect of a licence issued

for categories C, CE, C1, C1E, D, DE, D1 and

D1E."; and

(b) sub-regulation (1A) thereof shall be substituted by

the following

"(1A) A full driving licence shall be granted or

renewed against payment of the relevant fee as provided

for in the Ninth Schedule.".

Sub-regulation (2) of regulation 74 of the principal Amends

regulation 74 of

regulations shall be substituted by the following

the principal

regulations.

"(2) The nature of the examination shall be as prescribed

in the Eleventh Schedule.".

The Third Schedule to the principal regulations shall be Substitutes the

Third Schedule

substituted by the following

to the principal

regulations.

"THIRD SCHEDULE

(Regulation 26)

Minimum technical requirements for vehicles used

in the tests of skills and behaviour

Category

Minimum technical requirements

Category A1 motorcycle without sidecar, with a power

rating not exceeding 11 kW and with a power to weight

ratio not exceeding 0.1 kW/kg, and capable of a speed of at

least 90 km/h.

If the motorcycle is powered by an internal combustion

engine, the cylinder capacity of the engine shall be at least

115 cm 3 .

If the motorcycle is powered by an electric motor, the

power to weight ratio of the vehicle shall be at least 0.08

kW/kg.

Motorcycle without sidecar, with a power rating of at least

20 kW but not exceeding 35 kW and with a power to

weight ratio not exceeding 0.2 kW/kg.

If the motorcycle is powered by an internal combustion

engine, the cubic capacity of the engine shall be at least

395 cm 3 .

If the motorcycle is powered by an electric motor, the

power to weight ratio of the vehicle shall be at least 0.15

kW/kg.

Until the 31st December, 2018, motorcycle without

sidecar, whose unladen mass is below 180 kg, and with a

power rating of at least 40 kW and below 50 kW.

As from the 1st January, 2019 motorcycle without sidecar,

whose unladen mass is more than 175 kg, with a power

rating of at least 50 kW.

If the motorcycle is powered by an internal combustion

engine, the cubic capacity of the engine shall be at least

595 cm 3 .

If the motorcycle is powered by an electric motor, the

power to weight ratio of the vehicle shall be at least 0.25

kW/kg.

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 transmission

system providing for a manual selection of gears by the

driver 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 transmission system

providing for a manual selection of gears by the driver 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.".

Item 2 of Section B of the Fourth Schedule to the principal

regulations shall be amended as follows

(a)

paragraph (a) thereof shall be substituted by the

following

"(a) rules on driving hours and rest periods as

defined by Regulation (EC) No 561/2006 of the European

Parliament and of the Council of 15 March, 2006 on the

harmonisation of certain social legislation relating to road

transport; use of the recording equipment as defined by

Regulation (EEC) No 3821/85 on recording equipment in

road transport;"; and

(b) in paragraph (j) thereof, for the words

"(categories D, D+E, D1, D1+E only)." there shall be

substituted the words "(categories D, DE, D1, D1E only);

and"; and immediately thereafter there shall be added the

following new paragraph

"(k) applicants for a licence for a category

C1 or C1E vehicles outside the scope of

Regulation (EEC) No 3821/85 shall be exempt

from demonstrating their knowledge of the

subjects listed in paragraphs (a) and (c).".

The Fifth Schedule to the principal regulations shall be Amends the

Fifth Schedule

amended as follows

to the principal

regulations.

(a)

item 1 thereof shall be substituted by the following

"1.

Vehicle transmission

(a) The driving of a vehicle with manual

transmission shall be subject to the passing of a skills and

behaviour test taken on a vehicle with manual

transmission.

"Vehicle with manual transmission" means a

vehicle in which a clutch pedal (or lever operated manually

for categories A, A2 and A1) is present and must be

operated by the driver when starting or stopping the

vehicle and changing gears.

(b) Vehicles that do not meet the criteria laid

down in paragraph (a) shall be considered to have

automatic transmission.

Without prejudice to paragraph (c), if an applicant

takes the test of skills and behaviour on a vehicle with

automatic transmission this shall be recorded on any

licence issued on the basis of such a test. Licences with

this indication shall be used only for driving vehicles with

automatic transmission.

(c) The vehicles used in tests of skills and

behaviour shall comply with the minimum criteria laid

down in the Third Schedule.";

(b) in sub-paragraph (iv) of paragraph (a) of item 4

thereof, for the words "Regulation (EEC) No 3821/85", there

shall be substituted the words "Regulation (EEC) No 3821/85.

This latter requirement does not apply to the applicants for a

driving licence for a category C1 or C1E vehicle not falling

within the scope of this Regulation";

(c)

items 5 to 7 thereof shall be renumbered as items 6

to 8 respectively;

(d) immediately after item 4 thereof there shall be added

the following

"5.

Safe and energy-efficient driving

Driving in such a way as to ensure safety and to

reduce fuel consumption and emissions during

acceleration, deceleration, uphill and downhill driving,

when necessary by selecting gears manually."; and

(e)

sub-paragraph (ii) of paragraph (c) of item 6 thereof,

as renumbered, shall be substituted by the following

"(ii) Driving economically and in a safe and

energy-efficient way, taking into account the revolutions

per minute, changing gears, braking and accelerating

(categories B, BE, C, CE, C1, C1E, D, DE, D1, D1E

only);".

The Seventh Schedule to the principal regulations shall be

amended as follows

(a)

code 04 thereof shall be deleted;

(b) sub-code 10.02 shall be substituted by the

following

10.02

Automatic transmission

";

(c)

sub-code 15.01 shall be substituted by the

following

01

Adjusted gear-shift lever

";

(d) immediately after code 45 there shall be added the

following new code

Tricycles only

";

(e)

in code 70, immediately after the words "of a third

country" there shall

be

added

the

words

"e.g.

70.0123456789.NL";

(f)

in code 71, immediately after the words "of a third

country" there shall be

added the words "e.g.

71.987654321.HR";

(g)

code 72 shall be deleted;

(h)

code 73 shall be substituted by the following

"

Restricted to category B vehicles of

";

the motor quadricycle type (B1)

(i)

codes 74 to 77 shall be deleted;

(j)

code 78 shall be substituted by the following

"

Restricted to vehicles with automatic

";

transmission

(k)

code 79 shall be substituted by the following

"

(....) Restricted to vehicles which

comply with the specifications

indicated in brackets, in the context

of the application of Article 13 of

Directive 2006/126/EC

79.01

Restricted to two-wheel vehicles with

or without a side-car

79.02

Restricted to category AM vehicles

of the three-wheel or light

quadricycle type

79.03

Restricted to tricycles

79.04

Restricted to tricycles combined with

a trailer having a maximum

authorised mass not exceeding 750

kg

79.05

Category A1 motorcycle with a

power/weight ratio above 0.1 kW/kg

79.06

Category BE vehicle where the

maximum authorised mass of the

trailer exceeds 3,500 kg

";

(l)

immediately after code 79 there shall be added the

following new codes

Restricted to holders of a driving

licence for a category A vehicle of

the motor tricycle type not having

reached the age of 24 years

Restricted to holders of a driving

licence for a category A vehicle of

the two-wheel motorcycle type not

having reached the age of 21 years

Codes used in combination with

codes defining modifications of the

vehicle

";

(m)

sub-codes 90.01 to 90.07 shall be deleted;

(n) the sub-title "PROFESSIONAL COMPETENCE"

shall be deleted;

(o)

code 95 shall be substituted by the following

Driver holding a CPC which meets

the obligation of professional

aptitude provided for by Directive

2003/59/EC until ................. [e.g. 95

(01.01.12)]

";

and

(p) immediately after code 95 there shall be added the

following new codes

Category B vehicles combined with a

trailer with a maximum authorised

mass exceeding 750 kg where the

maximum authorised mass of such

combination exceeds 3,500 kg but

does not exceed 4,250 kg

Not authorised to drive a category C1

vehicle which falls within the scope

of Council Regulation (EEC) No.

3821/85 of 20 December, 1985 on

recording equipment in road

transport

";

11. The Ninth Schedule to the principal regulations shall be Substitutes the

Ninth Schedule

substituted by the following

to the principal

regulations.

"NINTH SCHEDULE

(Regulations 37 and 51)

Driving licences fees*, authorisation fees and administrative charges

Description

Licence fee

Administrative

€

charge/

Authorisation

Charge

€

Probationary driving licence for a period

of three years

00

Driving licence for a period of five years

(other than for drivers aged 70 years and

over)

00

Driving licence for a period of five years in

respect of drivers aged 70 years and over

23.25

Driving licence for a period of ten years

70.00

Issue of an International Driving Permit

23.25

Issue or renewal of a driving licence to a

person with a disability, falling under the

Social Security Act (Cap. 318), to drive a

specially adapted motor vehicle

Nil

Nil

Issue of a duplicate driving licence for a

lost, stolen or defaced valid driving licence

Nil

Issue of a driving licence card within 24

hours

Nil

Issue of a duplicate driving licence due to

any alteration in the data contained in the

photocard driving licence

Nil

Application to acquire a driving licence

Nil

23.25

Application to undertake theory test

Nil

30.25

Application for a re-sit of the theory test

Nil

22.50

Application to undertake practical test

during weekdays

Nil

23.25

Application to undertake practical test on

Saturday

Nil

Adding new category to driving licence

Nil

Registration to act as driving instructor per

annum

Nil

Application to take the driving instructor

test

Nil

23.25

Authorisation to operate as a motoring

school per annum

Nil

Taking of affidavit or declaration for loss

of licence, authorisation, certificate or any

other document

Nil

* Licence fees received by the Authority under these regulations shall be on account

of the Consolidated Fund.

€0.99