Registration and Licensing of Motor Vehicles

L.N. 178 of 2015

MOTOR VEHICLES REGISTRATION AND LICENSING ACT

(CAP. 368)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Registration and Licensing of Motor Vehicles

(Amendment) Regulations, 2015

IN exercise of the powers conferred by article 20 of the Motor

Vehicles Registration and Licensing Act, and by article 43 of the

Authority for Transport in Malta Act, the Minister for Infrastructure

and Transport, after consultation with the Authority for Transport in

Malta, made the following regulations:-

The title of these regulations is the Registration and

Licensing of Motor Vehicles (Amendment) Regulations, 2015 and

these regulations shall be read and construed as one with the

Registration and Licensing of Motor Vehicles Regulations,

hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately after the definition "circulation licence

fee" there shall be added the following new definition

" "circulation permit fee" has the same meaning as

assigned to it in article 2 of the Act;";

(b) immediately after the definition "N3 vehicle" there

shall be added the following new definition

" "national holidays" has the same meaning as

assigned to it in article 2 of the Act;";

(c)

immediately after the definition "public highway"

there shall be added the following new definition

" "public holidays" has the same meaning as

assigned to it in article 2 of the Act;";

(d) in the definition "used motor vehicle", for the words

"not a new motor vehicle." there shall be substituted the words

"not a new motor vehicle;";

(e)

immediately after the definition "used motor

vehicle" there shall be added the following new definition

" "vehicle hire undertaking" has the same meaning

as assigned to it in article 2 of the Act;"; and

(f)

immediately after the new definition "vehicle hire

undertaking" there shall be added the following new definition

" "vintage vehicle" has the same meaning as

assigned to it in article 2 of the Act.".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) in paragraph (b) thereof, for the words "exemption

under the Act." there shall be substituted the words "exemption

under the Act, or"; and

(b) immediately after paragraph (b) thereof, there shall

be added the following new paragraph

"(c) the vehicle is registered in another country

and is used by a person who has his normal residence in

Malta for a period of not more than thirty consecutive

calendar days which are to be reckoned from the date of

arrival of such vehicle in Malta and such vehicle has not

been used on the road in Malta during the last three

hundred and sixty five days prior to its arrival in Malta.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) in the first proviso to sub-regulation (1) thereof, for

the words "within twenty days", there shall be substituted the

words "within thirty days";

(b) in the second proviso to sub-regulation (1) thereof,

for the words "of the said twenty days", there shall be

substituted the words "of the said thirty days"; and

(c)

in sub-regulation (3) thereof, for the words

"administrative fee of fifty euro (€50)" there shall be substituted

the words "administrative fee of fifty five euro (€55)".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a)

the regulation shall be renumbered as sub-regulation

(1) thereof; and

(b) immediately after sub-regulation (1) thereof, as

renumbered, there shall be added the following new sub-

regulations

"(2) Where a vehicle chassis is replaced by another

vehicle chassis, whether new or used, which is of the same

make and model, no registration tax shall be payable to the

Authority.

(3) Where a vehicle chassis is replaced by

another vehicle chassis, whether used or not, which is not

of the same make and model of the replaced vehicle

chassis, the payment of registration tax as prescribed in the

First Schedule or the Second Schedule of the Act, as the

case may be, shall be incurred as if the vehicle on which

the replacement vehicle chassis will be fitted is being

brought to tax in Malta in terms of the Act for the first

time.".

Regulation 6 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (2) thereof, the words "within

twenty days" shall be substituted by the words "within thirty

days";

(b) in sub-regulation (3) thereof, the words "on the

expiry of the twenty-day period" shall be substituted by the

words "on the expiry of the thirty-day period";

(c)

in paragraph (j) of sub-regulation (4) thereof, for the

words "his name and address." there shall be substituted the

words "his name and address; and"; and

(d) immediately after paragraph (j) of sub-regulation (4)

thereof, there shall be added the following new paragraph

"(k) a document attesting the date of the

vehicle’s first arrival in Malta, together with the

fiscal receipt, bearing the same date, issued in

terms of the Value Added Tax Act specifying the

foreign registration number of the vehicle, both

of which are to be issued by the shipping

organization having transported the vehicle to

Malta.".

Immediately after regulation 6 of the principal regulations Adds new

regulations to

there shall be added the following new regulations

the principal

regulations.

" Temporary

6A. (1)

A person who has his normal

licence disc.

residence in Malta may apply with the Authority

for an exemption in terms of article 18(1)(g) of

the Act to make use on the road in Malta of a

vehicle registered in another country for a period

not exceeding a maximum of thirty consecutive

calendar days to be reckoned from the date of

the vehicle’s arrival in Malta.

(2) The application for the said

exemption shall be submitted to the Authority on

the prescribed form by not later than one

working day after the arrival of such vehicle in

Malta upon -

(a)

the

payment

of

an

administrative fee of twenty euro (€20)

payable to the Authority; and

(b) the presentation of a valid

motor insurance policy and any other

document which may be prescribed by the

Authority

Provided that the thirty day permit

shall commence from the date of the vehicle’s

first arrival in Malta.

(3) Where an exemption is granted, the

Authority shall issue to the applicant a

temporary licence disc which is to be fixed on

the windscreen of the vehicle or on the left side

of the motor cycle, motor tricycle or quad bike

in terms of these regulations.

(4) The temporary licence disc shall

indicate the period, commencing from the date

of the vehicle’s first arrival in Malta, for which

such temporary licence shall be valid and the

exemption granted shall cease to have effect

upon the expiration of the period indicated on

the temporary licence disc.

B

6B. (1)

Any motor vehicle brought

Vehicles

brought under a

into Malta by a person residing in Malta or by

contract of

lease or hire.

any person other than a person residing in Malta

and who does not qualify under any of the

exemptions specified in article 18 of the Act

from another Member State under a contract of

lease or hire exceeding thirty days shall be

registered with the Authority and shall be

subject to the payment of registration tax in

accordance with article 3 of the Act.

(2) Every motor vehicle which is

brought into Malta and which qualifies under

any of the exemptions specified in article 18 of

the Act and which continues to be used on the

road in Malta following the expiry of the period

for which such motor vehicle has been exempt

shall also be registered with the Authority and

shall be subject to the payment of registration

tax in accordance with article 3 of the Act.

(3) A person residing in Malta or a

person other than a person residing in Malta who

does not qualify under any of the exemptions

specified in article 18 of the Act who brings into

Malta a motor vehicle from another Member

State under a contract of lease or hire for a

period exceeding thirty days shall be required to

file an application with the Authority for the

registration of the said motor vehicle and to

provide all the relevant documents as provided

for in sub-regulation (4) within thirty days to be

reckoned from the date of arrival of the said

motor vehicle in Malta.

(4) The application shall be submitted to

the Authority on the prescribed form together

with the payment of an administrative fee of

fifty euro (€50) and the presentation of the

following documents

(a)

a document of identification of

the applicant;

(b) a vehicle registration certificate

and, where appropriate, an English or

Maltese translation of it, issued by the

competent authority of the country from

which the vehicle has been leased or hired

or of the country from which it has been

brought into Malta;

(c)

a certificate of roadworthiness

issued in Malta or in the Member State

from which the vehicle has been leased or

hired or from which it has been brought

into Malta, in the event that such a

certificate is required according to law;

(d) a document issued by the

shipping organization having transported

the vehicle to Malta which shows the date

of the vehicle’s first arrival in Malta;

(e)

the contract of lease or hire

issued by the vehicle hire undertaking from

which the vehicle has been leased or hired;

and

(f)

a motor insurance policy which

shall be valid for not less than one year.

(5) The registration of a motor vehicle

brought into Malta from another Member State

under a contract of lease or hire shall be made by

the Authority following the submission of the

application, payment of the administrative fee

and production of the documents referred to in

sub-regulation (4) and upon the payment of the

applicable registration tax in terms of the Fifth

Schedule to the Act.

(6) Where the Authority, by virtue of this

regulation, refuses to register a motor vehicle

which has been brought into Malta from another

Member State under a contract of lease or hire,

such motor vehicle may not be used on the road

in Malta beyond the period of thirty days to be

reckoned from the date of arrival of such motor

vehicle as stipulated in sub-regulation (2). In

such an event the applicant may appeal the

decision before the Administrative Review

Tribunal in accordance with the procedure laid

down under the Administrative Justice Act.

B

(7) (a)

Where the Authority has

reasonable suspicion that a motor vehicle

brought into Malta from another Member State

under a contract of lease or hire is being used on

the road in Malta beyond the period of thirty

days referred to in sub-regulation (1) without the

holder of the vehicle having filed the application

for registration in terms of these regulations, the

Authority may take possession of, remove and

store the said vehicle in accordance with the

Clamping and Removal of Motor Vehicles and

Encumbering Objects Regulations, and shall

request the Commissioner of Police to institute

criminal proceedings against the person who has

hired or leased the said motor vehicle and

against the person in possession of the vehicle

(if such person is different from the person

having hired or leased the motor vehicle) in

terms of article 21 of the Act.

(b)

Such vehicle shall not be

returned to the person who has hired or leased

the vehicle or to the possessor of the said vehicle

unless and until such person has been acquitted

by the Court of the alleged offence, or has

remedied his position at law and settled any

registration tax and other fees that may be

payable, including the removal and storage fees

stipulated by the Clamping and Removal of

Motor Vehicles and Encumbering Objects

Regulations.

(c)

Acquittal from the charges

pressed against the person who has hired or

leased the vehicle or is in possession of the

vehicle shall not give rise to a right to claim

damages against the Authority or the

Commissioner of Police, or both, unless it can be

proved that the Authority acted in bad faith

when it requested the removal of the vehicle

Provided that prosecution for the

offence in question is initiated not later than

fourteen days after the date of removal, and,

where the person who has leased or hired the

vehicle and brought such vehicle into Malta

from another Member State is not known, the

fourteen day period shall commence to run from

the day when such person is identified.

6C. (1)

M1 motor vehicles with CO 2

Vehicles

registered to be

emission levels equal to or higher than 221g/km

used on

weekends and

(and having an emission level equivalent to the

public

latest European standard or latest European

holidays.

Standard minus one) and motor cycles with an

engine capacity equal to or higher than 801cc

which have not already been registered with the

Authority in terms of the Act may be registered

for use on the road in Malta solely and

exclusively on Saturdays, Sundays, national

holidays and other public holidays

Provided such vehicles may not be

parked on the road between Monday to Friday

(both days included)

Provided further that the Authority

may, upon an application submitted by the

owner of a vehicle which has been registered for

use on the road in Malta in terms of this sub-

regulation, issue a special permit allowing the

use of such vehicle on the road on a day other

than the days stipulated in this sub-regulation if

it deems, in its absolute discretion, that such use

is justified as a result of particular

circumstances. The application is to be

submitted to the Authority on the prescribed

form together with an administrative fee of one

hundred euro (€100) and the presentation of

such other documentation as may be requested

by the Authority by not later than three working

days prior to the day for which such permit is

being sought

Provided further that one special

permit within a 365-day period will be free of

charge for each vehicle registered under this

scheme.

(2) The registration of such M1 motor

vehicles and motor cycles under this regulation

shall be made upon payment of the prescribed

registration tax in accordance with the Act.

(3) The registration mark allotted by the

Authority to M1 motor vehicles and motor

cycles registered in terms of article 8(4) of the

Act is to be displayed on a vehicle registration

plate having such specifications as established in

the Second Schedule.

6D. (1)

The owner of any authentic

Registration of

vintage

and genuine motor vehicle which is older than

vehicles.

thirty years (to be reckoned from the date of

manufacture) and which satisfies the criteria

established by the Authority for the

classification of a vehicle as a vintage vehicle

may apply to the vintage vehicle classification

committee established by the Act for such motor

vehicle, whether it has already been registered in

Malta or whether it has been imported or

brought into Malta but not as yet registered in

Malta, to be classified as a vintage vehicle.

(2) The application shall be submitted to

the Authority on the prescribed form together

with the payment of an administrative fee of

fifty euro (€50) and the presentation of such

documents as may be prescribed by the

Authority.

(3) The registration mark allotted by the

Authority to vehicles which are registered as

vintage vehicles in terms of article 25 of the Act

is to be displayed on a vehicle registration plate

having such specifications as established in the

Second Schedule.".

Regulation 13 of the principal regulations shall be

amended as follows

(a) sub-regulations (1) to (3) thereof shall

be

renumbered as s-sub-regulations (2) to (4) respectively;

(b) immediately before sub-regulation (2) thereof, as

renumbered, there shall be added the following new sub-

regulation

"(1) A circulation licence fee shall be due on the

licensing of a motor vehicle registered under these

regulations and a circulation permit fee shall be due on

motor vehicles brought into Malta from another Member

State under a contract of lease or hire and registered in

terms of the Act

Provided that a vehicle registered in another

country may be on the road, whether parked or in use, for a

period not exceeding a maximum of thirty consecutive

calendar days to be reckoned from the date of the vehicle’s

arrival in Malta on condition that the said vehicle displays

a valid temporary licence disc issued by the Authority in

terms regulation 6A(3)."; and

(c) sub-regulation (2) thereof, as renumbered, shall be

substituted by the following

"(2) No motor vehicle may be on the road,

whether parked or in use, without a valid circulation

licence, or a circulation permit or a temporary licence disc,

as applicable, issued by the Authority, unless the motor

vehicle is an exempt vehicle under the provisions of the

Act.".

In sub-regulation (4) of regulation 14 of the principal Amends

regulations, for the words "of two euro (€2)" there shall be substituted regulation

the principal

the words "of ten euro (€10)".

regulations.

In sub-regulation (2) of regulation 21 of the principal Amends

regulations, for the words "upon the renewal of the licence of the said regulation

the principal

vehicle." there shall be substituted words "upon the renewal of the regulations.

licence of the said vehicle:" and immediately thereafter there shall be

the added the following proviso

"Provided that the registered owner shall be obliged to

provide the Authority with a written declaration indicating the

address where the said motor vehicle shall be kept garaged.".

Immediately after the words "causa mortis" in the proviso Amends

to paragraph (c) of sub-regulation (4) of regulation 30 there shall be regulation

the principal

added the words "as well as any transfer inter vivos in favour of regulations.

spouses, ascendants and direct collaterals".

Regulation 31 of the principal regulations shall be Amends

regulation 31 of

amended as follows

the principal

regulations.

(a) paragraph (v) of sub-regulation (1) thereof shall be

deleted and paragraphs (vi) to (xiii) shall be renumbered as

paragraphs (v) to (xii) respectively; and

(b) immediately after sub-regulation (6) thereof there

shall be added the following sub-regulation

"(7) The registration marks for N1 vehicles with a

seating capacity of not more than two persons shall be a

letter followed by the letters GV and three numbers.".

Regulation 36 of the principal regulations shall be

amended as follows

(a) in-sub-regulation (1) thereof, for the words "under

the Police Licences Regulations." there shall be substituted the

words "under the Police Licences Regulations:" and

immediately thereafter there shall be added the following

proviso

"Provided that such Trial Run plates shall not be

issued for motor vehicles registered for use on the road in

Malta in terms of regulation 6C(1)."; and

(b) in sub-regulation (9) thereof, for the words "each set

of" there shall be substituted the words "a set of".

Immediately after regulation 36 of the principal

regulations there shall be added the following new regulation

" Issue of

(1)

The Authority may issue

temporary

temporary special plates for a period not

special plates.

exceeding six months for motor vehicles which

have not as yet been registered or which are not

licensed for use on the road in Malta for filming,

exhibition or other exceptional purposes

Provided that in the event that such

plates are not returned to the Authority within

the prescribed time, there shall be charged a fee

of one hundred euro (€100) per plate payable to

the Authority

Provided further that such temporary

special plates shall not be issued for motor

vehicles registered for use on the road in Malta

in terms of regulation 6C(1).

(2) Such special plates may be issued

subject to the payment of an administrative fee

of two hundred euro (€200) to the Authority and

upon the presentation of all such documents as

may be required by the Authority, including an

insurance certificate which shall be valid for the

period for which such special plates are issued.".

15. In sub-regulation (1) of regulation 39 of the principal Amends

regulations, for the words "Waste Management (End-of Life regulation

the principal

Vehicles) Regulations." there shall be substituted the words "Waste regulations.

Management (End-of Life Vehicles) Regulations:" and immediately

thereafter there shall be added the following provisos

"Provided that M1 and N1 motor vehicles which have been

disposed of prior to the 1st November, 2013, whether garaged or

not, may be de-registered with the Authority upon presentation

of a sworn affidavit stating such fact by not later than the 1st

March, 2016

Provided further that, for the de-registration of vehicles up

to the 2nd March, 2016 which have been disposed of after the

1st November, 2013 other than at an authorised treatment

facility in accordance with regulation 6(3) of the Waste

Management (End-of-Life Vehicles) Regulations, an

administrative fee of one hundred euro (€100) shall be payable

to the Authority

Provided further that an administrative fee of five hundred

euro (€500) shall be payable to the Authority for the de-

registration of any vehicle which, after the 2nd March, 2016 is

not disposed of at an authorised treatment facility in accordance

with regulation 6(3) of the Waste Management (End-of-Life

Vehicles) Regulations.".

16. In the First Schedule to the principal regulations, for the Amends the

words "Fee for a pair of plates: €70" there shall be substituted the First

to the principal

words "Fee for a pair of vehicle registration plates: €70. However, the regulations.

fee for the replacement of vintage vehicle plates carrying black

characters with new plates carrying green characters shall be €17.50

per plate.".

17. Immediately after the last paragraph of the Second Amends the

Schedule to the principal regulations, there shall be added the Second

Schedule to the

following paragraphs

principal

regulations.

"The plate on which the registration mark of a vintage

vehicle is exhibited shall carry green characters.

The plate on which the registration mark of a vehicle

registered for use on the road in Malta solely and exclusively on

Saturdays, Sundays, national holidays and other public holidays

in terms of article 8(4) of the Act shall carry red characters.

The plates for vintage vehicles and vehicles registered in

terms of article 8(4) of the Act shall, with the exception of the

colour of the characters and the periphery of the plate, have the

same colours, dimensions and composition of all other

registration plates as defined in this Schedule.".

€1.17