Motor Vehicles (Driving Licences)

L.N. 234 of 2015

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Driving Licences)

(Amendment) Regulations, 2015

IN exercise of the powers conferred 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

(Driving Licences) (Amendment) Regulations, 2015, and these

regulations shall be read and construed as one with the Motor

Vehicles (Driving Licences) Regulations, hereinafter referred to as

"the principal regulations".

In the definition "the Directive" in regulation 2 of the

principal regulations for the words "2012 and Commission Directive

2013/47/EU of 2 October, 2013" there shall be substituted the words

"2012, Council Directive 2013/22/EU of 13 May 2013, Commission

Directive 2013/47/EU of 2 October, 2013 and Commission Directive

2014/85/EU of 1 July, 2014".

Regulation 3 of the principal regulations shall be amended

as follows

(a) sub-regulation (3) thereof shall be substituted by the

following

"(3) A person whose normal residence is in Malta

shall hold no more than one driving licence issued to him

by any Member State.";

(b) sub-regulations (4) and (5) thereof shall be

renumbered as sub-regulations (6) and (7) respectively;

(c)

immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulations

"(4) The Authority shall not issue a driving

licence to the holder of a valid driving licence issued by

the competent authority in another Member State, unless

that person surrenders to the Authority the driving licence

issued by that competent authority.

(5) The Authority shall not issue a driving

licence to an applicant whose driving licence is restricted,

suspended, withdrawn or cancelled in another Member

State."; and

(d) sub-regulation (6) thereof, as renumbered, shall be

substituted by the following

"(6) The holder of a valid driving licence issued

by the competent authority of another Member State shall,

when applying to have his driving licence renewed by the

Authority, surrender that driving licence to the Authority,

and once the Authority renews his driving licence, the

licence being so surrendered shall be returned by the

Authority to the issuing competent authority.".

Immediately after sub-regulation (2) of regulation 7 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(3) Where the Authority exchanges a driving licence

issued by the competent authority of a third country, such an

exchange shall be recorded on the driving licence issued by the

Authority and on any subsequent renewal or replacement

Provided that a holder of a driving licence which has

been exchanged by another Member State and which bears code

70, shall satisfy the Authority that he possesses the minimum

requirements specified in regulation 16 prior to his licence

being exchanged for a driving licence issued by the Authority.".

In regulation 8 of the principal regulations, for the words Amends

"National provisions regarding the restriction" there shall be regulation

the principal

substituted the words "The restriction".

regulations.

Regulation 20 of the principal regulations shall be Substitutes

regulation 20 of

substituted by the following

the principal

regulations.

"20. (1) Only applicants who have attained their

eighteenth birthday, other than those applying for a category A2

or a category A licence, shall be entitled to a standard learner’s

permit.

(2) A standard learner’s permit may also be issued to

applicants for a category A2 licence who have attained their

twentieth birthday and to applicants for a category A licence

who have attained their twenty-second birthday but having two

years experience in A2 or have attained their twenty-fourth

birthday if they do not have two years’ experience in A2.".

In regulation 21 of the principal regulations, for the words

"categories A, B and B+E and sub-categories A1 and B1" there shall

be substituted the words "categories AM, A1, A2, A, B1, B, BE, C1

and C1E".

In regulation 22 of the principal regulations, for the words

"advanced learner’s permit." there shall be substituted the words

"advanced learner’s permit:" and immediately thereafter there shall

be added the following proviso

"Provided that applicants for a category C1 or category

C1E licence shall be exempt from the requirement of having

held a category B licence for at least one year.".

In regulation 23 of the principal regulations, for the words

"categories C, C+E, D, and D+E and sub-categories C1, C1+E, D1

and D1+E" there shall be substituted the words "C, CE, D1, D1E, D,

DE and g".

Immediately after sub-regulation (1A) of regulation 44 of

the principal regulations, there shall be added the following new sub-

regulation

"(1B) The renewal of driving licences, when their

administrative validity expires, shall be subject to the licence

holder having his normal residence in Malta or to the licence

holder providing proof that he has been studying in Malta for at

least six months.".

The First Schedule to the principal regulations shall be

amended as follows

(a) under category B thereof, the words "Agricultural

tractors" shall be deleted; and

(b) immediately after category DE thereof, there shall

be added the following new category

"

g

Agricultural tractors.

".

The Second Schedule to the principal regulations shall be

amended as follows

(a) the table under paragraph (a) thereof shall be

amended as follows

(i)

in the sixth row thereof for the figure "22"

there shall be substituted the figure "21";

(ii) in the eighth row thereof for the figure "19"

there shall be substituted by the figure "18"; and

(iii) immediately after the eleventh row thereof,

there shall be added the following new row

"

g

"; and

(b) the second row of the table under paragraph (b)

thereof shall be substituted by the following

"

C1, C1E

".

In the Third Schedule to the principal regulations, Amends the

immediately after category D1E there shall be added the following Third

to the principal

new category

regulations.

" g

Agricultural tractor as defined in

regulation 2.

".

The Fourth Schedule to the principal regulations shall be Amends the

Fourth Schedule

amended as follows

to the principal

regulations.

(a)

Section A thereof shall be amended as follows

(i) for the words "will be exempted from the

provisions of this Schedule" there shall be substituted the

words "will be exempted from the common provisions of

this Schedule";

(ii) in sub-paragraph (iii) of paragraph (c) thereof

for the words "statutory requirements." there shall be

substituted by the words "statutory requirements;" and

immediately thereafter there shall be added the following

new sub-paragraph (iv)

"(iv) safe driving in road tunnels."; and

(b) in Section B thereof, for the words "C+E", "C1+E",

"D+E", "D1+E", wherever they appear, there shall be

substituted the words "CE", "C1E", "DE", "D1E" respectively.

In the Fifth Schedule to the principal regulations for the Amends the

words "B+E", "C+E", "C1+E", "D+E", "D1+E", wherever they Fifth

to the principal

appear, there shall be substituted the words "BE", “CE", "C1E", regulations.

"DE", "D1E" respectively.

The Eighth Schedule to the principal regulations shall be

amended as follows

(a) for the words "Neurological Diseases" there shall be

substituted the words "Neurological Diseases and obstructive

sleep apnoea syndrome"; and

(b) in item 7 thereof, for the words "7. Driving licences"

there shall be substituted the words "7(a). Neurological

Diseases - Driving licences" and immediately after the words

"of risk of deterioration." there shall be added the following new

sub-item

"(b) Obstructive sleep apnoea syndrome - In the

following paragraphs, a moderate obstructive sleep apnoea

syndrome corresponds to a number of apnoeas and

hypopnoeas per hour (Apnoea-Hypopnoea Index) between

15 and 29 and a severe obstructive sleep apnoea syndrome

corresponds to an Apnoea-Hypopnoea Index of 30 or

more, both associated with excessive daytime sleepiness.

Applicants or drivers in whom a moderate or

severe obstructive sleep apnoea syndrome is suspected

shall be referred for further authorised medical advice

before a driving licence is issued or renewed. They may be

advised not to drive until confirmation of the diagnosis.

Driving licences may be issued to applicants or

drivers with moderate or severe obstructive sleep apnoea

syndrome who show adequate control of their condition

and compliance with appropriate treatment and

improvement of sleepiness, if any, confirmed by authorised

medical opinion.

Applicants or drivers with moderate or severe

obstructive sleep apnoea syndrome under treatment shall

be subject to a periodic medical review, at intervals not

exceeding three years for drivers of group 1 and one year

for drivers of group 2, with a view to establish the level of

compliance with the treatment, the need for continuing the

treatment and continued good vigilance.".

€0.45