Motor Vehicles (Exchange of Data) Regulations, 2014

L.N. 286 of 2014

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Motor Vehicles (Exchange of Data) Regulations, 2014

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act, 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 Data) Regulations, 2014.

2013. (Regulation 2)

Road safety related traffic offences covered by the Directive 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

traffic light

Vehicles 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

influence of drugs

Regulation 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

€0.45

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 an authority which shall have the

power to access the database of vehicle registration of a national

contact point in another Member State for the purpose of the

provisions of the Directive and of Council Decision 2008/615/JHA;

"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;

"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;

"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;

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

"national contact point" means a competent authority designated

for the exchange of vehicle registration data;

"scheduled road traffic offence" means any of the road traffic

offences listed in the Schedule.

(1) The Authority is designated as the national contact National contact

point for incoming requests for the supply of data pursuant to Article points.

4(1) of the Directive and also for incoming requests for the supply of

data pursuant to Article 12(1) of Council Decision 2008/615/JHA.

(2) The Authority and the local enforcement agencies are

designated as the national competent authorities for outgoing requests

to the national contact points in other Member States pursuant to

Article 4(2) of the Directive.

(3) The Police and the Authority are designated as the national

competent authorities for outgoing requests pursuant to Article 12(1)

of Council Decision 2008/615/JHA.

(1) The Authority shall allow its vehicle registration Power to access

database to be accessed by national contact points or competent data.

authorities in other Member States to conduct automated searches to

obtain data on vehicles and on their holders or owners or operators

pursuant to Article 4(1) of the Directive or pursuant to Article 12(1)

of Council Decision 2008/615/JHA.

(2) The local enforcement agencies shall have the power to

access the vehicle registration database in another Member State for

the purpose of obtaining vehicle and vehicle ownership data in

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

offences listed in the Schedule while that vehicle was being used in

Malta.

(3) The Police and the Authority shall have the power to

access the vehicle registration database in another Member State for

the purpose of obtaining data on vehicles and their owners or

operators pursuant to Article 12(1) of Council Decision 2008/615/

JHA.

(4) The data to be provided, or obtained, 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.

(1) Data obtained by a competent authority in Malta

from a national contact point in another Member State or data

obtained by a competent authority in another Member State from the

national contact point in Malta through automated searches 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 road traffic offence or

to establish the identity of the owner or operator of a vehicle for the

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

(2) Any personal data processed under these regulations shall

be processed and used in accordance with the provisions of the

Processing of Personal Data (Police and Judicial Cooperation in

Criminal Matters) Regulations, the Data Protection (Processing of

Personal Data in the Police Sector) Regulations and Chapter 6 of

Council Decision 2008/615/JHA.

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

vehicle which is registered with the Authority whose details have

been obtained by a competent authority in another Member 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.

Such request by the data subject shall be submitted in accordance

with article 21 of the Data Protection Act.

(4) Where a data subject suffers damage as a result of unlawful

processing of data he shall be entitled to exercise an action for

damages in accordance with article 46 of the Data Protection Act.

(5) Data obtained under these regulations shall not be kept for

more than two years by any of the competent authorities obtaining

such data.

The Motor Vehicles (Exchange

of

Information) Revocation of

the Motor

Regulations, 2013, are hereby revoked.

Vehicles

(Exchange of

Information)

Regulations,

2013. L.N. 237 of