Regulations, 2015

L.N. 432 of 2015

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Use of Animals and Animal-drawn Vehicles on the Road

Regulations, 2015

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister for Transport and

Infrastructure, in consultation with the Authority for Transport in

Malta, has made the following regulations:-

Part I

PRELIMINARY

(1) The title of these regulations is the Use of Animals

and Animal-drawn Vehicles on the Road Regulations, 2015.

(2) These regulations other than paragraphs (c), (d) and (e) of

sub-regulation (2) and sub-regulations (1), (7), (9) and (10) of

regulation 3, regulation 4 and paragraphs (b) and (c) of sub-regulation

(2) of regulation 6 shall come into force two months after the date of

publication of these regulations.

(3) Paragraphs (c), (d) and (e) of sub-regulation (2), sub-

regulation (9) of regulation 3 and paragraphs (b) and (c) of sub-

regulation (2) of regulation 6 shall come into force six months after

the date of publication of these regulations.

(4) Sub-regulations (1), (7) and (10) of regulation 3 and

regulation 4 shall come into force two months after the date of

publication of these regulations in respect of animal-drawn vehicles

licensed under Licences A and B, and six months after the date of

publication of these regulations in respect of animals and animal-

drawn vehicles licensed under Licences C, D and E.

(Regulations 3, 5, 10, 13, 16, 28)

Licence fees and other fees

New Vehicle and Animal Licences

New Licences B, C and D* ........................................

New Licence A (Karrozzin licence)* .........................

Special licence in respect of Licence D vehicles* ......

New Licence E* .........................................................

Vehicle and Animal Licences Renewals

Licences B, C and D (every year)* ............................

Licence A (Karrozzin licence) (every year)* .............

Special licence in respect of Licence D vehicles

(every year)* ..............................................................

Licence E (every year)* .............................................

Identification number plate (or replacement) for

Licence A and Licence B ...........................................

Identification number plate (or replacement) for

Licence C ...................................................................

Identification number other than a number plate (or

replacement) for Licence D and Licence E ................

5-Year Operator’s licence ..........................................

Driving licence (annually)* .......................................

Duplicate/Replacement Licences ...............................

Tag and replacement ..................................................

Administrative fee for the issue of an Operator’s

Licence or vehicle Licences A and B or driving

Licences X and Y .......................................................

Test for a driving Licence X or driving Licence Y or

driving Licence Z .......................................................

Fee for vehicle inspection ..........................................

*

fees collected from these licences shall be on account of the Consolidated

Fund.

In these regulations, unless the context otherwise requires

"animal" means, for the purposes of these regulations, any

animal capable of being harnessed or ridden under saddle, when used

for the conveyance or carriage of persons, including, in the case of an

animal under saddle, its rider, or goods by road, whether the said

persons or goods are carried on its back or on an animal-drawn

vehicle;

"animal-drawn vehicle" means any carriage which is designed,

constructed and primarily intended to be drawn by one or more

animals to be used for the carriage of persons or goods, or for the

carriage of both persons and goods, by road and it includes any

animal-pulled cart, karrozzin, karrozzella, serkin, xarretta and

animal-drawn hearse;

"animal-drawn hearse" means an animal-drawn carriage used

for the conveyance of corpses in coffins, for hire or reward;

"authorised officer" means a Police Officer, a Local Warden or

an officer of the Authority;

"Authority" means the Authority for Transport in Malta

established under the Authority for Transport in Malta Act;

"driver" means any person who drives the animal-drawn vehicle

and, or the animal under saddle even for a short period and in the

Maltese text includes kuċċier;

"fiscal receipt" has the same meaning as assigned to it in the

Thirteenth Schedule to the Value Added Tax Act;

''hire or reward'' means the carriage of goods or persons other

than those carried out for non-commercial purposes or for private use,

that is to say against payment or compensation, whether such

payment or compensation is made directly or indirectly;

"karrozzin" means an animal-drawn vehicle having at least four

wheels and with a compartment separate from the driver which is

licensed to be used for the conveyance of passengers by road for hire

or reward;

"karrozzin stand" means a location, approved by the Authority,

where an owner, operator or driver of a karozzin shall park his vehicle

while waiting for customers;

"local warden" shall have the same meaning assigned to it in the

Private Guards and Local Wardens Act;

"operator" means any person who is authorized to operate a

karrozzin;

"operator’s licence” means a licence issued by the Authority

under the terms of Part IV;

"owner" means the person in whose name an animal or an

animal-drawn vehicle is licensed;

"passenger" means any person who travels in or on an animal-

drawn vehicle but who is not the driver thereof;

"road" has the same meaning as is given to it in the Authority

for Transport in Malta Act;

"serkin" means a two-wheeled vehicle intended to be used by

one person and drawn by one animal;

"street hawker" means, for the purposes of these regulations, a

street hawker as defined in the Trading Licences Regulations who

plies his trade by means of an animal-drawn vehicle;

"tag" means an official means of identification issued by the

Authority granting the holder thereof the right to drive an animal-

drawn vehicle for hire or reward;

"Tribunal" means the Administrative Review

Tribunal

established by article 5 of the Administrative Justice Act;

"under saddle" means any animal ridden on its back with or

without a saddle;

"veterinary surgeon" means a veterinary surgeon holding a

warrant to practice as such issued in accordance with the Veterinary

Services Act;

"xarretta" means an animal-driven vehicle intended to be used

by two persons and drawn by one animal.

Part II

ANIMALS AND ANIMAL-DRAWN VEHICLES

TO BE LICENSED

(Regulation 18)

Maximum fares to be charged by karrozzini drivers

The following maximum fares shall be charged by time for the

hiring of a horse-drawn vehicle per trip

Fare for the first half-hour or part thereof ..................

For each subsequent 15 minutes or part thereof .........

(1) No animal or animal-drawn vehicle may be used or

permitted or caused to be used on the road unless it is licensed for

such purpose by the Authority.

(2) Animal and animal-drawn vehicle licences shall be divided

into the following categories

(a)

Licence A: issued to a karrozzin;

(b) Licence B: issued to any other animal-drawn vehicle

that is used for the conveyance of passengers for hire or reward

other than a karrozzin, and to an animal-drawn hearse;

(c)

Licence C: issued to an animal-drawn vehicle used

for the carriage of goods or by a street hawker;

(d) Licence D: issued to an animal-drawn vehicle,

which is neither used for hire or reward nor for the carriage of

goods nor by a street hawker, which may include a serkin, a

xarretta and vintage and traditional animal-drawn vehicles; and

(e)

Licence E: issued with regards to an animal which is

used for riding under saddle.

(3) No licence shall be issued under any of the categories

specified in sub-regulation (2) unless the applicant for any such

licence shall, together with the application, present an animal’s

identity document, including the animal’s identification number

issued by the Director of Veterinary Services and a certificate on the

animal’s general physical condition issued by a licensed veterinarian

for each animal to be used under the said licence certifying that the

animal is fit to be used for the purpose of the said licence.

(4) All licences shall be issued and renewed annually against

the fees established in the First Schedule

Provided that a person who has more than one animal or

animal-drawn vehicle for which a Licence D is required may opt to

have those animals or animal-drawn vehicles covered by a special

licence covering a multiplicity of animals and, or animal-drawn

vehicles. The fee for such a licence shall be that prescribed in the

First Schedule.

(5) No licence for an animal-drawn vehicle shall be issued or

renewed unless the Authority is satisfied that the animal-drawn

vehicle is fit for use and provided with such fittings and accessories

as in the opinion of the Authority may be necessary for the safety and

convenience of passengers and third parties.

(6) No such licence shall be issued or renewed unless the

animal-drawn vehicle is already covered by an insurance policy as

provided for in regulation 4.

(7) An animal which is used under saddle and an animal-

drawn vehicle licensed under these regulations shall be allotted by the

Authority an identification number which shall be of such nature,

material, pattern, colour and size as the Authority shall determine.

(8) Where an identification number plate is issued, it shall be

kept in clear view and clean at all times.

(9) Where an identification number other than a number plate

is issued by the Authority, the driver of the animal-drawn vehicle or

the rider of the animal under saddle, as the case may be, shall be

obliged to keep such identification number in clear view in such a

manner as may be prescribed by the Authority from time to time

whilst driving the animal-drawn vehicle or riding the animal under

saddle on the road.

(10) An animal under saddle or an animal-drawn vehicle

without such identification number as assigned to it by the Authority

shall not be used on the road.

(11) No other letter, number or mark, except those authorised

by the Authority, shall be permitted on the identification number.

(12) No animal or animal-drawn vehicle licensed under

Category D or E may be used on the road unless its rider or driver, as

the case may be, wears a high visibility vest at all times.

(13) No person may ride any animal on the road without the use

of a saddle.

(14) Only persons who hold a karrozzin licence on the date of

publication of these regulations shall qualify to hold a Licence A and

any such persons shall have the right to continue to operate a

karrozzin

Provided that an application for an operator’s licence in

terms of regulation 7, including the documents and certificates

required in sub-regulation (3) of this regulation, is filed by such

persons not later than two months from the date of publication of

these regulations.

(Regulation 25)

Arterial and distributor roads on which animals or animal-drawn

vehicles not used for hire or reward shall not circulate on any day

between 07:00 hours and 09:00 hours and between 16:00 hours and

18:00 hours, except on Saturdays, Sundays and Public Holidays

IN MALTA

Attard: Triq in-Nutar Zarb, Triq Ħaż-Żebbuġ, Triq Notabile,

Triq Iż-Żagħfran, Vjal de Paule, Triq l-Imdina, Vjal de Paule-Triq

Birbal-il-Wied

Baħar iċ-Ċagħak: Triq il-Kosta

Balzan: Vjal De Paule, Triq Birbal, Triq l-Imdina, Triq in-

Naxxar

Birgu: Triq San Dwardu, Triq il-Kottonera

Birkirkara: Il-By-Pass ta’ Birkirkara, Triq Dun Karm, Triq in-

Naxxar, Triq il-Wied, Triq Fleur-De-Lys, Triq Salvu Psaila

Birżebbuġa: Triq Iż-Żejtun, Triq Ħal Far

Bormla: Triq San Ġwann t’Għuxa, Triq il-Ġdida, Triq San

Franġisk, Triq San Nikola, Triq l-Immakulata, Triq Fuq San Pawl,

Triq Għajn Dwieli, Triq it-Tlett Ibliet/it-Telgħa ta’ Għajn Dwieli, Triq

il-Ġublew tal-Fidda, Triq il-Kottonera, Triq Bormla

Blata l-Bajda: Triq Nazzjonali

Burmarrad: Triq Toni Camilleri

Fgura: Triq San Nikola, Triq Għajn Dwieli, Triq Iż-Żejtun, Triq

id-Dejma

Floriana: Triq Sant’Anna, Misraħ Sant’Anna, Triq Nazzjonali,

Triq l-Indipendenza

Għargħur: Triq tal-Balal

Għaxaq: Triq tal-Barrani, Wesgħa Bir id-Deheb, Dawret Ħal-

Għaxaq

Gudja: Triq Ħal Far, Vjal l-Avjazzjoni, Dawret Ħal Għaxaq,

Dawret il-Gudja

Gżira: Triq Reġjonali, Triq Mikiel Anton Vassalli

Ħamrun: Triq l-Indipendenza, Triq Nazzjonali

Iklin: Triq tal-Balal, Triq in-Naxxar

Kirkop: Triq il-Belt Valletta, Triq l-Industrija, Triq Dun Ġużepp

Barbara, Triq San Ġwann

Lija: Triq in-Naxxar, Triq il-Mosta

Luqa: Triq il-Kunsill ta’ l-Ewropa, Vjal l-Avjazzjoni

Marsa: Triq Diċembru 13, Triq Nazzjonali, Triq Ħal Qormi,

Triq Aldo Moro, Triq il-Labour, Xatt l-Għassara tal-Għeneb, Triq it-

Tiġrija Bypass, Vjal Sir Paul Boffa, Triq Giuseppe Garibaldi

Marsaskala: Triq Sant’Antnin

Marsaxlokk: Triq Iż-Żejtun, Triq Marsaxlokk, Triq Birżebbuġa,

Triq Axtart, Triq Melqart, Triq Bir-Rikka

Mdina: Triq Tal-Infetti

Mellieħa: Triq il-Marfa, Dawret il-Mellieħa, Triq Louis

Wettinger, It-Telgħa tax-Xemxija

Mġarr: Triq Fisher, Triq iż-Żebbiegħ, Triq Il-Mosta, Triq ta’

Xifer il-Kief

Mosta: Triq il-Belt Valletta, Triq il-Kostituzzjoni, Triq il-

Kungress Ewkaristiku, Misraħ Rotunda, Triq ta’ Xifer il-Kief , Vjal l-

Indipendenza, Triq il-Kbira, Triq San Pawl tal-Qliegħa, Vjal

Millbrae, Triq il-Missjunarji Maltin, Triq Burmarrad

Mqabba: Triq il-Belt Valletta

Msida: Triq Mikiel Anton Vassalli, Ix-Xatt tal-Imsida, Triq il-

Wied tal-Imsida, Misraħ tal-Menqa/Misraħ Ġuze Ellul Mercer, Triq

Dun Karm

Naxxar: Triq is-Salini (il-parti mis-Salini sa Kennedy Grove),

Triq il-Mosta, Triq tal-labour

Paola: Vjal Sir Paul Boffa, Vjal Santa Luċia, Triq Kordin, Triq

Għajn Dwieli, Triq Ħal Luqa, Triq Giuseppe Garibaldi

Pembroke: Triq is-Slielem, Triq Sant’ Andrija

Pietà: Triq Marina

Qormi: Triq Manwel Dimech, Triq Ħal Qormi, Triq l-Imdina,

Triq is-Sebħ, Triq Ġużè Duca, Mrieħel Bypass

Rabat: Triq Valletta, Triq G. Borg Olivier, Triq Nikol Saura,

Triq Telgħa tas-Saqqajja, Triq Ħal-Tartani, Triq ta’ Xifer il-Kief, Triq

tal-Infetti

Safi: Triq San Ġwann (from 15th September to 15th June)

San Ġiljan: Triq Reġjonali, Triq Mikiel Anton Vassalli

San Ġwann: Triq Birkirkara, Triq in-Naxxar, Vjal ir-Riħan, Triq

Dun Karm, Triq Reġjonali, Triq Mikiel Anton Vassalli

San Pawl il-Baħar: Xatt il-Pwales, It-Telgħa tax-Xemxija, Triq

ta’ Xifer il-Kief, Kennedy Drive, Dawret San Pawl il-Baħar; Triq

Burmarrad, Triq Toni Camilleri

Santa Lucija: Triq Bir id-Deheb, Triq Ħal Luqa

Santa Venera: Triq il-Ferrovija, Triq Reġjonali, Triq Salvu

Psaila, Triq il-Kanun, Il-Mini ta’ Santa Venera

Siġġiewi: Triq is-Siġġiewi

Swieqi: Triq Sant’ Andrija, Triq is-Slielem, Triq Reġjonali

Tarxien: Triq Bir id-Deheb, Triq San Anard, Triq id-Dejma, Triq

il-Gudja

Żabbar: Triq tal-Labour, Triq il-Mina ta’ Hompesh, Triq Sant’

Antnin tal-Plier, Triq iż-Żejtun, Triq l-10 ta' Settembru 1797

Żebbuġ: Triq is-Siġġiewi, Triq l-Imdina, Triq Ħ’Attard, Triq

Ħaż-Żebbuġ

Żejtun: Triq Id-Dejma, Triq Il-Gudja, Triq tal-Barrani, Wesgħa

Bir Id-Deheb, Triq Marsaxlokk, Triq Dun Ġuzepp Barbara

Żurrieq: Triq il-Belt Valletta, Triq Dun Ġużepp Barbara

IN GOZO

Fontana: Triq L-Isptar San Ġiljan, Triq Tal-Għajn, Triq Ta'

Għajn Tuta

Għajnsielem: Triq Ta’ Xħajma, Triq L-Imġarr, Triq Sant'

Antnin, Triq Ix-Xatt

Munxar: Triq Xlendi, Triq Santa Duminka, Triq Marziena

Nadur: Triq it-Tiġrija, Triq il-Knisja, Triq Ħanaq, Triq ir-Ramla

l-Ħamra, Triq Għajn Qasab, Triq ir-Rabat, Triq San Ġwann, Triq l-

Imġarr

Qala: Triq Il-Qala, Triq l-Imġarr, Triq it-28 ta’ April 1688, Triq

San Ġużepp

Rabat: Triq l-Arcisqof P. Pace, Triq il-Wied, Triq San Leonardu,

Triq Fortunato Mizzi, Triq Għajn Qatet, Triq Sta Duminka, Triq it-

Tabib Anton Tabone, Triq ir-Repubblika, Triq Sant’ Ursola, Triq l-

Imgħallem, Triq ta’ Wara s-Sur, Triq Forni il-Ġir, Triq il-Kapuċċini,

Triq Marija Meilaq, Triq l-Ewropa, Triq Viani, Triq it-Tomba, Triq id-

Dawwara, Triq Gedrin, Triq Il-Papa Ġwanni Pawlu II, Triq Mro

Dirjanu Lanzon, Triq Putirjal, Triq L-Imġarr

Xewkija: Triq L-Imġarr, Triq Ta' Hamet, Triq Ta' Xħajma, Triq

is-Sannat, Triq Ix-Xewkija, Triq tal-Ħamrija, Triq L-Indipendenza

Żebbuġ: Triq Ir-Rabat, Triq iż-Żebbuġ, Triq Marsalforn

(1) It shall not be lawful for any person to use or to

cause or permit any other person to use an animal or an animal-drawn

vehicle on the road unless there is in force in relation to the said

animal or animal-drawn vehicle such policy of insurance in respect of

third party risks as complies with sub-regulation (2).

(2) In order to comply with the requirements of this regulation

a policy of insurance in respect of an animal or an animal-drawn

vehicle on the roads in Malta must be a policy which is issued by an

authorised insurer and which indemnifies the person, persons or

classes of persons specified in the policy in respect of any liability

which may be incurred by him or them in respect of the death of or

bodily injury to any person, or damage to any property caused by the

said animal or animal-drawn vehicle (including the animal drawing

the animal-drawn vehicle) for a total liability which shall not be less

than two hundred and fifty thousand euro (€250,000) with regard to

animal-drawn vehicles licensed under Categories A, B and C and not

less than one hundred and twenty-five thousand euro (€125,000) with

regard to animals and animal-drawn vehicles which are, at the time of

the accident, licensed under Categories D and E.

(3) An insurer shall issue to every holder of a policy issued by Issuing of a

him a certificate of insurance which shall be duly authenticated by certificate

insurance.

him or by someone on his behalf.

(4) The Authority shall, if so requested by a person who Furnishing of

alleges that he has suffered any damage or personal injury as a result information

the case of

of an accident involving an animal or an animal-drawn vehicle, or by accidents

involving

such person’s insurer, furnish to that person or to such person’s damage or

insurer, as the case may be, all information at its disposal relative to personal injury.

the animal or animal-drawn vehicle and to the identity and address of

the person in whose name the licence for such animal or animal-

drawn vehicle has been issued. Furthermore the person in whose

name the licence for the animal or the animal-drawn vehicle, as the

case may be, has been issued shall, without delay, if so requested by

the persons involved in a road traffic accident, inform such persons of

the identity of the insurer covering the liability of any animal or

animal-drawn vehicle involved in the accident.

(5) Any person riding an animal under saddle on the road and Refusal to give

any driver of an animal-drawn vehicle who has committed an offence name

or giving false

under this regulation shall be obliged to give his name and address name

address.

and should he fail to do so or give a false name or address, he shall be

guilty of an offence under these regulations.

(6) A person holding a licence of an animal or animal-dawn

vehicle shall, if required so to do, give any information which it is in

his power to give and which may lead to the identification and

apprehension of the rider of the animal or the driver of the animal-

drawn vehicle (of which animal or vehicle that person is the licence

holder) who may have committed an offence or who may have been

involved in an accident resulting in personal injury or damage to any

vehicle, animal or other property; and should he fail to do so or give

false information, he shall be guilty of an offence under these

regulations.

(Regulation 26)

Roads on which animal races may be held with the prior written

authorisation of the Authority

IN MALTA

Triq Ta’ Srina; Rabat

Triq San Ġuzepp; Żejtun/Żabbar

IN GOZO

Triq Tax-Xagħra

(1) No animal or animal-drawn vehicle licensed under Transferability

these regulations may be transferred to another person without that or

animals and

transfer being registered with the Authority.

animal-drawn

vehicles.

(2) Any person who agrees to sell, or sells, or otherwise

disposes of an animal or an animal-drawn vehicle licensed under

these regulations shall, within seven days from such sale or disposal,

deliver to the Authority the relative licence, together with the transfer

of animal or animal-drawn vehicle form.

(3) The Authority shall then license the animal or animal-

drawn vehicle in the name of the new owner and it shall issue a new

licence to the new owner against such fee as is established in the First

Schedule.

Part III

DRIVING LICENCE

(Regulation 30)

ADMINISTRATIVE PENALTIES AND PENALTY POINTS

Column 1

Column 2

Column 3 Column 4

Column 5

Regulation

Offence

Penalty (€)

Penalty

points

Operator

Driver

3(4)

Failure to renew vehicle licence

3(8)

Identification number plate to

be in clear view and kept clean

at all times

3(11)

Identification number plate

showing unauthorized letters,

number or marks

Column 1

Column 2

Column 3 Column 4

Column 5

Regulation

Offence

Penalty (€)

Penalty

points

Operator

Driver

10(2)

Driver not in possession of

licence

12(1)

- Animal-drawn vehicle not

in good working condition

-

Brakes not in good working

condition

-

Animal not fit and capable

to draw vehicle

-

Animal-drawn vehicle not

in a safe and clean condition

-

Animal-drawn vehicle not

equipped

with

bio-

degradable

chemical,

catching

net/apron

or

wheels not covered with

rubber/other

approved

material

12(5)

Animal-drawn vehicle not

equipped with lights or lights

are not used

15(4)

Vehicle or animal not brought

30 and 30

in for examination

daily

16(1)

Driver not in possession of tag

16(3)

Driver not wearing tag

16(4)

Driver

permitting

another

person to use his tag

16(7)

Failure to return tag upon

revocation or suspension

16(9)

Driver not maintaining a clean

appearance or not wearing

uniform

17(2)

Not hiring a karrozzin from a

stand or hiring a karrozzin

while in motion within 50m of

a karrozzin stand

17(3)

Refusal to hire a karrozzin

17(4)

Calling or importuning a person

to hire a karrozzin

17(6)

Stopping karrozzin not within

5m of a karrozzin stand

18(1)

Charging a higher fare

18(2)

Not displaying table of fares

18(3)

Overloading

Column 1

Column 2

Column 3 Column 4

Column 5

Regulation

Offence

Penalty (€)

Penalty

points

Operator

Driver

-

Not acting in a prudent and

courteous manner

-

Permitting an unlicensed

person to operate vehicle

under his control

-

Permitting a person to ride

on the back of the animal

-

Leaving animal unattended

- Overloading

28(1)

Not reporting accident to the

Police

B

€3.15

(1) A person shall not ride an animal under saddle or

drive or otherwise operate an animal-drawn vehicle on a road unless

he is the holder of a relevant animal or animal-drawn vehicle driving

licence issued by the Authority.

(2) Driving licences shall be divided into the following

categories

(a) Licence X for the driving of an animal-drawn

vehicle licensed under Licence A or Licence B established in

regulation 3(2)

Provided that the holder of a Licence X shall also be

authorised to drive an animal-drawn vehicle licensed under

Licence C or under Licence D established in regulation 3(2);

(b) Licence Y for the driving of animal-drawn vehicles

other than those for which a driving licence X or a driving

licence Z is required; and

(c)

Licence Z for the riding of an animal under saddle

licensed under Licence E established in regulation 3(2).

(3) To qualify for Licence X, an applicant must -

(a)

be at least eighteen years of age;

(b) present a certificate from a licensed physician that

certifies that he is in good physical condition and that he does

not suffer from any medical condition which may substantially

impair his or her ability to operate an animal-drawn vehicle or

to control an animal;

(c)

have attended a course approved by the Authority

in

(i) proper equine grooming, care, equipment,

nutrition, welfare and first aid; and

(ii)

the operation of an animal-drawn vehicle;

(d) have passed a test devised by the Authority which

shall include, but shall not be limited to, knowledge of the

Highway Code

Provided that a person in possession of a valid motor

vehicle driving licence shall be deemed to satisfy this

requirement;

(e)

have completed a course and passed a test approved

by the Authority consisting of general knowledge and customer

care; and

(f)

be of good repute and conduct.

For the purpose of this paragraph, a person shall not

be deemed to satisfy the requirement of good repute and

conduct -

(i) if he has been found guilty of committing any

crime contemplated in Title I of Part II of Book First of the

Criminal Code or articles 198, 199, 203, 203A, 204, 204A, Cap. 9.

204B, 204C, 205, 211, 212, 213, 217, 218, 220, 238(a),

245, 248B, 248C, 248D of the Criminal Code;

(ii) for such period during which he is serving a

sentence of imprisonment of at least one month;

(iii) for such period immediately following time

spent serving a sentence of imprisonment for a term or

terms of at least one month imposed on such person for a

crime or crimes connected with violence committed on a

person, which period shall be

i.

of one year for sentences of

imprisonment for a term of at least one month and

not more than one year;

ii.

equal to the term of imprisonment for

which such person was sentenced for sentences for

terms of imprisonment of more than one year and

less than ten years; and

iii. ten years for sentences for terms of

imprisonment of at least ten years;

(iv) for such period immediately following time

spent serving a sentence of imprisonment of at least one

month, other than a sentence imposed on such person for a

crime or crimes connected with violence committed on a

person, which period shall be

i.

equal to the term of imprisonment for

which such person was sentenced for terms of

imprisonment of less than five years; and

ii.

five years for sentences for terms of

imprisonment of at least five years;

(v) for a period equal to the sentence of

imprisonment passed, when such sentence is ordered not to

take effect in terms of article 28A of the Criminal Code,

which period shall start to run from the date of the

conviction;

(vi) for a period of one year following the

imposition of a fine or fines which in the aggregate amount

to at least four thousand euro (€4000) imposed in the

previous twelve months on a person for a crime or crimes

connected with violence or for committing a crime or

crimes in terms of these regulations and the Traffic

Regulation Ordinance, the Motor Vehicles Insurance

(Third Party Risks) Ordinance, the Motor Vehicles

Registration and Licensing Act or any regulation made

thereunder, or for committing a crime or crimes in terms of

the Animal Welfare Act or any regulation made

thereunder;

(vii) if he has been found guilty of committing any

corresponding offence under any law of a country or

territory outside Malta

Provided that when a suspended sentence is ordered

by the Court to take effect, the period for which the Authority

shall refuse to grant the licence in terms of the relevant

paragraph hereof following such order, shall be reduced by the

period, if any, for which the person has already been refused a

licence by the Authority for the same offence in terms of sub-

paragraph (v)

Provided further that where the applicant was less

than eighteen years of age at the time of the commission of the

offence the period referred to in sub-paragraphs (iii), (iv) and

(v) shall not be longer than two years.

For the purposes of determining whether a person is

of good repute and conduct in terms of this paragraph (f), the

term "sentence" shall not include

(i) a probation order issued in terms of article 7

of the Probation Act or article 5 of the Probation of Cap. 446.

Offenders Act and which has been complied with by the

probationer or an absolute or conditional discharge issued

under article 22 of the Probation Act or article 9 of the

Probation of Offenders Act which has been complied with;

or

(ii) a sentence for the commission of an offence

for which the offender has been pardoned by the President

of Malta in terms of article 93(1) of the Constitution of

Malta; provided that this sub-paragraph shall only apply

from the date on which the President of Malta has granted

such pardon; or

(iii) a sentence which is at the moment of

application under appeal;

(iv) a sentence for the commission of an offence

which -

i.

was committed before the date of

publication of these regulations;

ii.

was committed by a person who had a

valid horse-drawn cab driver’s tag issued to him by

the Authority before the date of publication of these

regulations; and

iii. was delivered at least five years before

the date of application for the renewal of the horse-

drawn cab driver’s tag.

(4) (a)

A holder of a driver’s Licence X shall be obliged to

satisfy the conditions of sub-regulation (3)(f) at all times during the

validity of the licence.

(b) A holder of a Driver’s Licence X shall inform the

Authority in writing of any conviction against him within twenty-one

days from that conviction or, when an appeal is entered, within

twenty days from when such appeal is decided.

(c)

A person who contravenes paragraph (b) shall be

guilty of an offence.

(5) To qualify for Licence Y or Licence Z, an applicant must

(a)

be at least sixteen years of age;

(b) present a certificate from a licensed physician that

certifies that he is in good physical condition and that he does

not suffer from any medical disabilities which may substantially

impair his or her ability to operate an animal-drawn vehicle or

to control an animal;

(c)

have passed a test devised by the Authority which

shall include, but not be limited to, knowledge of the Highway

Code

Provided that persons in possession of a valid motor

vehicle driving licence shall be deemed to satisfy this

requirement; and

(d) accept to attend any other course related to the care

and welfare of animals and on the handling and operation of

animals and animal-drawn vehicles, which the Authority may

introduce from time to time during the validity of the licence.

(6) A Licence X issued under this regulation shall be renewed

every five years. Licences Y and Z issued under this regulation shall

be renewed every ten years

Provided that upon reaching the age of fifty years, the

certificate mentioned in sub-regulations (3)(b) and (5)(b) shall be

presented every five years

Provided further that upon reaching the age of seventy

years, the certificate mentioned in sub-regulations (3)(b) and (5)(b)

shall be presented every two years.

(7) Drivers of karrozzini who, upon the publication of these

regulations were already licensed by the Authority to drive such

vehicles shall be deemed as holding a category X driving licence

under these regulations.

Part IV

OPERATOR’S LICENCE

(1) No person shall qualify to obtain an Operator’s

Licence in terms of this regulation unless such person is the holder of

a valid Licence A issued in terms of regulation 3(2).

(2) No person shall operate a karrozzin without having first

obtained an operator’s licence issued by the Authority.

(3) No person shall cause or permit an animal-drawn vehicle

to be used for the road transport of passengers for hire or reward

unless that vehicle is licensed for that purpose.

(4) No person who holds an operator’s licence issued in terms

of this regulation shall permit the karrozzin which he is licensed to

operate to be driven by any person who does not hold a driving

Licence X issued in terms of regulation 6(2).

(5) A licence to operate a karrozzin shall be renewed every

five years.

Part V

GENERAL PROVISIONS RELATIVE TO LICENCES

(1) A person desiring to obtain a licence issued in terms Application and

of Parts II, III or IV or to renew any licence so issued shall apply to refusal

licence.

the Authority and the Authority shall decide and give a reply on that

application within thirty days from receipt of the application and all

required documentation.

(2) The Authority may refuse any application for a new

licence or for the renewal thereof whenever any of the conditions

provided for in these or other regulations are not met.

(3) The Authority shall refuse to renew an operator’s licence

and, or a licence issued in terms of regulation 3(2) if the holder does

not present, together with the application for renewal, a certificate on

the animal’s general physical condition issued by a licensed

veterinarian for each animal to be used under the operator’s licence

certifying that the animal is fit to be used for the purpose of the

licence.

(4) Where the Authority intends to refuse to issue any licence

or to renew a licence, it shall give the applicant concerned notice in

writing of such intended refusal, setting out the reasons for its

decision. Such notice shall state that the applicant has the right to

make representations in writing, within ten days, to the Authority

giving reasons why the application should not be refused. The

Authority shall consider any such representations before arriving at a

final decision. The Authority shall notify in writing its final decision

to the applicant concerned and by that notice shall, if so required, also

inform the applicant that he has a right to appeal to the Tribunal.

(5) Where an application for the issue or renewal of a licence

is refused by the Authority, the applicant may, within thirty days from

the Authority’s decision, appeal to the Tribunal against such decision

in accordance with the provisions of the Administrative Justice Act. Cap. 490.

(1) The Authority may suspend any licence issued under

regulation 3(2) if

(a) the animal is, in the opinion of a veterinary surgeon,

not fit to carry out the work it is licensed for; or

(b) the licence holder fails or refuses to comply with the

provisions of these regulations and, or with standards,

guidelines and regulations relating to the welfare of animals

issued under the Animal Welfare Act;

(c)

the licence holder has acted in such a manner which

could reasonably be construed to be detrimental to public health

or public safety,

and such suspension shall last for a period of not more than thirty

days except for suspensions under paragraph (a) which shall last until

such time as a veterinary surgeon certifies that the animal is fit for the

work intended or the animal is substituted with a new animal

Provided that any convalescing animal with regards to

which a licence for use on the road has been suspended may still be

used on a road which is not an arterial or distributor road as

established by the Authority for rehabilitation purposes only until

such time as a veterinary surgeon certifies that the animal is once

again fit for use on the road.

(2) Whenever a licence holder shall be charged in any court

with any serious infringement to the Animal Welfare Act or any

regulation made thereunder, the Authority shall suspend his licence

pending final disposition of the charges against him.

(3) An operator’s licence issued in terms of regulation 7 or a

driver’s category X licence issued in terms of regulation 6 shall be

revoked by the Authority if at any time its holder accumulates an

aggregate of 200 penalty points in terms of these regulations.

(4) A licence shall also be revoked by the Authority if it is so

ordered to do by a Court by means of a decree or judgment which is

definitive and not subject to appeal.

(5) Where any such licence is revoked, its holder may not

apply for any licence under these regulations before the lapse of two

years from such revocation and the said licence shall only be issued if

the applicant meets the conditions under regulation 6(3)(d), (e) and (f)

in respect of an application for a driver’s category X licence, or

regulation 7(1) in respect of an application for an operator’s licence.

(6) The holder of any licence issued in terms of these

regulations may, except where its revocation has been ordered in

terms of sub-regulation (4), appeal to the Tribunal in accordance with

the provisions of the Administrative Justice Act against any decision Cap. 490.

of the Authority to revoke or suspend a licence, within thirty days

from the Authority’s decision.

(1) The issue and renewal of licences in terms of these Provisions

regulations shall only be made following the payment of the regarding

licences.

appropriate fee established in terms of the First Schedule.

(2) Where an animal-drawn vehicle is being driven on the road

or an animal under saddle is being used on the road, the driver or

rider, as the case may be, shall be obliged to have his driving licence

in his possession and to produce it on being so demanded by an

authorised officer.

(3) The licensee shall notify the Authority of any changes in

the licence details.

The Authority shall keep a register of all licences issued by Register of all

it under these regulations, which register shall contain such details as licences.

are necessary to identify the licence holders and the vehicles and

animals used by them and shall distinguish between the different

licences.

Part VI

USE OF ANIMAL-DRAWN VEHICLES

(1) The license holder, operator and driver of any Responsibility.

animal-drawn vehicle shall individually be responsible to ensure that

(a)

the vehicle used on the road is in good operating

condition, the axles are well-greased, and that all operating

mechanisms are in good working order;

(b) in the case of animal-drawn vehicles used for hire or

reward, the vehicle is equipped with mechanical brakes in good

working condition and set in a locked position when the vehicle

is not in motion;

(c)

the animal is well groomed, fit and capable to draw

the vehicle;

(d) the vehicle is maintained in a safe and clean

condition;

(e)

the animal-drawn vehicle is equipped with

(i) a bio-degradable chemical to be poured over

animal urine by drivers so as to break down and eliminate

accumulated agents and odours, and the drivers shall

ensure that the chemical is used in a manner not to cause

injury or harm to the animal

Provided that this requirement shall only

apply to animal-drawn vehicles used for hire or reward;

(ii) if so required by the Authority, wheels which

are covered with rubber or any other material approved by

the Authority if the vehicle is used on a road made up of

paving slabs consisting of any material other than asphalt

or tarmac; and

(iii) a catching net or an apron or any other device

approved by the Authority to catch the animal’s excrement

and cleaning equipment to immediately clean any

excrement falling on the road.

(2) Drivers shall, furthermore -

(a)

clean from the road any animal urine and any

excrement that is not caught in the net at the first available

opportunity;

(b) clean the net or apron and dispose of the excrement

at the first available opportunity;

(c)

in the case of a driver of a karrozzin, keep all cab

stands and roads clean and free of animal excrement, including

animal urine; and

(d) in the case of a driver of an animal-drawn vehicle

for which a Licence D has been issued, drive the vehicle only

after ensuring that from his driving position he has a clear and

unobstructed vision of the road ahead.

(3) Operators and drivers of karrozzini shall keep karrozzini

stands clean at all times and shall ensure that such stands are provided

with a constant supply of fresh water.

(4) No operator may make use of or avail himself of the

facilities of karrozzini stands that are provided with a purposely built-

up shelter and, or other utilities, which may include preparations for

the connection to water supply mains and cesspits, unless such

operator has entered into an agreement with the Authority which

regulates the rights and obligations of the said operator relating to the

use of the said karrozzin stands. Similarly, no driver driving a

karrozzin whose operator has not entered into an agreement with the

Authority with regards to the use of the said stands may make use of

such karrozzin stand or to avail himself of its facilities. It shall be the

responsibility of those operators or drivers who enter into an

agreement with the Authority for the use of such stands, to manage

and keep such stands clean and well maintained and supplied with

water at all times.

(5) When used after sunset, an animal-drawn vehicle licensed

under these regulations shall additionally be equipped with

(a)

at least one lamp displaying a white light clearly

visible from a distance of not less than 300 metres to the front of

the vehicle;

(b) a red light at or towards the rear of each side of the

vehicle that is clearly visible from a distance of not less than

300 metres to the rear; and

(c)

a red reflector at or towards the rear of each side of

the animal-drawn vehicle, that is not over 1.5 metres above

ground level, and is clearly visible from a distance of at least 30

metres from the rear of the vehicle when light is projected onto

it by another vehicle’s headlight on low-beam.

Where, upon any inspection, an animal-drawn vehicle used Inspection of

for the carriage of passengers for hire or reward is found to be unsafe animal-drawn

vehicle.

or unclean, the Authority shall direct that such vehicle be taken out of

service until such condition is corrected. Such vehicle shall be re-

inspected and approved by an authorised officer or a person appointed

for such purpose by the Authority before returning to service, and

following the payment of the fee established in the First Schedule.

(1) The Director of Veterinary Services may, upon a Requirements

report made to him by an authorised officer, require the operator or for

service.

driver of an animal-drawn vehicle not to use for the drawing of any

vehicle any animal that appears to be ill, overtired, undernourished,

overloaded, injured, or lame or whose health or life, in the opinion of

a veterinary surgeon, is in danger or which may constitute a hazard to

other road users.

(2) In order for an animal whose use has been excluded in

terms of sub-regulation (1) to be once again used for the drawing of

any vehicle, such animal shall be re-examined and a new certificate

issued for the animal by a veterinary surgeon, which certificate must

be submitted to the Authority and to the Director of Veterinary

Services. The licence holder shall be allowed to once again make use

of such animal for the drawing of vehicles upon the presentation of

the said certificate unless the Director of Veterinary Services requires

another examination.

(1) The Authority may, at any time, request an operator

of an animal-drawn vehicle used for the carriage of passengers for

hire or reward, to have the said vehicle or any animal used by him for

such a purpose to be examined by the Authority in the case of the

vehicle or by a veterinary surgeon in the case of an animal.

(2) The cost of examination of an animal shall be the

responsibility of the operator if the animal had been found to be in a

bad physical condition, and the cost of the examination shall be borne

by the Authority if the animal had been found to be in a good physical

condition.

(3) If, upon inspection, a vehicle or an animal is certified to be

unfit for the conveyance of passengers, the Authority shall direct that

the vehicle or animal be taken out of service until such condition is

corrected.

(4) Where an operator fails to comply with a request to present

a vehicle or an animal for inspection he shall be guilty of an offence.

Part VII

USE OF ANIMAL-DRAWN VEHICLE FOR HIRE OR REWARD

(1) No person may drive an animal-drawn vehicle for

hire or reward unless that person has, besides a category X driving

licence, a tag issued by the Authority.

(2) The Authority shall issue, to a driver in possession of a

Licence X driving licence, a tag against the payment of the fee as

subscribed in the First Schedule.

(3) Every such driver shall, while driving an animal-drawn

vehicle used for the carriage of passengers for hire or reward or while

waiting on a karrozzin stand where that vehicle is a karrozzin, wear in

a conspicuous place and in a manner that it may easily be seen the tag

issued to him by the Authority.

(4) It shall not be lawful for a driver to lend his tag to any

other person, or to permit any other person to make use thereof, even

though such person is licensed to act as a driver of an animal-drawn

vehicle. It shall likewise be unlawful for a person to make use of a tag

issued to any other person.

(5) In the event that the tag becomes discoloured, disfigured or

is torn, the driver shall immediately return such tag to the Authority

and the Authority shall issue a replacement tag free of charge

Provided that the holder of the driver’s tag shall pay to the

Authority the fee prescribed in the First Schedule for the fourth and

any subsequent replacement of a driver’s tag made within the tag’s

validity period.

(6) A driver who loses his tag shall immediately, and without

delay, inform the Authority, and, if he proves to the satisfaction of the

Authority that the tag had been lost without any fault on his part, the

Authority shall issue a replacement tag against the payment of the fee

prescribed in the First Schedule.

(7) A driver shall return the tag immediately to the Authority

upon the revocation or the suspension of his driving licence and the

Authority shall give due receipt for the driver’s tag so returned.

(8) A tag issued under this regulation shall be renewed every

five years subject to a refresher course organised by the Authority.

(9) The driver of a karrozzin shall maintain a clean appearance

and, if a uniform has been designed by the Authority, wear such

uniform at all times while he is driving the karrozzin.

(1) No animal-drawn vehicle other than those licensed Hiring of

under Licence A or B may be hired for the conveyance of passengers. animal-drawn

vehicles and

karrozzini.

(2) Karrozzini may only be hired from a karrozzin stand unless

the karrozzin has been pre-booked for a special service

Provided that the driver of a karrozzin which is in motion

and which is further away than fifty meters from a karrozzin stand

may accept to provide a service to any person who beckons him to

stop.

(3) No driver of a karrozzin exposed for hire on any stand may,

without reasonable cause, refuse the hire of his vehicle from any

person requesting such hire to any given place.

(4) The driver of a karrozzin, while standing or plying for hire,

shall not importune any person to hire such animal-drawn vehicle and

shall not make use of the services of any other person for such

purpose.

(5) A karrozzin plying for hire, or exposed on a karozzin stand,

or working on hire without a mark distinguishing such vehicle as

being licensed, shall be deemed to be unlicensed.

(6) A karrozzin shall not stop, even temporarily, at any place

that is not within five meters of a karrozzin stand except for the

purpose of cleaning any excrement which has not been collected in

the catching net or to provide drinking water to the animal.

(7) Karrozzini stands shall only be those established by the

Authority.

(1) A driver or a person licensed to operate a karrozzin

for hire or reward shall charge a fare that is not higher than the fares

prescribed in the Second Schedule.

(2) The person licensed to drive or operate a karrozzin shall

display in such place and in the manner and format as may be

determined by the Authority, the table of fares and such other

information as may be established by the Authority.

(3) A driver shall not carry on a karrozzin a number of persons

greater than that established in the karrozzin licence.

The operator or driver of an animal-drawn vehicle used for

the carriage of passengers for hire or reward shall issue to the hirer a

fiscal receipt showing the amount of fare charged.

Part VIII

USE OF ANIMALS UNDER SADDLE

No person may ride any animal on the road bareback and

without a saddle.

Any person riding an animal under saddle on the road shall

wear a safety helmet at all times.

Any person riding an animal under saddle on the road shall

clean up any excrement left by the said animal immediately after

returning the said animal to its stable.

Animals under saddle which are used after sunset shall be

equipped with high visibility leg and tail straps and martingale.

Part IX

HORSE-BACK RIDING SCHOOLS

(1) Any person who administers a school intended to

teach horse-riding shall be obliged to ensure that the following

requirements are observed at all times

(a) without prejudice to the generality of regulation 4,

the operation of the horse-back riding school shall be covered

by a policy of insurance in respect of third party risks as

complies with sub-regulation (2) of this regulation;

(b) any horse guide employed to teach horse-riding to

learners shall be at least eighteen years of age and must hold a

Licence Z;

(c)

children under the age of ten shall only be allowed

to ride a horse for the purpose of learning horse-back riding if

accompanied by an adult and on a lead;

(d) all riders shall wear a safety helmet and all animals

used by learners shall be equipped with a safety rein;

(e)

a horse guide shall not have more than two horses on

a lead at any time; and

(f)

no learner shall ride on any animal for the purpose

of learning horse-back riding on any arterial or distributor road

established by the Authority except for the purpose of crossing

from one road to the other

Provided that during such crossing the animals on

which the learners are riding shall be held by the horse guide on

a lead.

(2) Any person who administers a school intended to teach Requirements in

horse-riding shall keep in force at all times a policy of insurance respect

insurance policy

issued by an authorised insurer which indemnifies the horse-riding and

liability.

school specified in the policy in respect of any liability which may be

incurred by such school in respect of the death of or bodily injury to

any person (including horse guides and instructors engaged by the

school, as well as learners and clients benefiting from the services

offered by the horse-riding school) and, or damage to any property

resulting from any accident which occurs in the course of the

operation of the business of the horse-riding school, for a total

liability which shall not be less than five hundred thousand euro

(€500,000) for each claim, irrespective of the number of parties

involved or the nature of the damage.

PART X

GENERAL PROVISIONS

(1) No animal or any animal-drawn vehicle, other than Prohibition from

police cavalry, military parades and animal-drawn vehicles for which use

roads.

a Licence A or a Licence B has been issued, may be used on any road

listed in the Third Schedule on any day between 07:00 hours and

09:00 hours and between 16:00 hours and 18:00 hours, except on

Saturdays, Sundays and national and public holidays.

(2) Without prejudice to any other liability which may be

incurred by the offender, an authorised officer shall have the power to

remove any animal or any other animal-drawn vehicle being used in

contravention of sub-regulation (1).

(1) No animal race shall be held on any road without the

prior written authorisation of the Authority.

(2) Subject to the prior written authorisation of the Authority,

animal races may only be held on the roads listed in the Fourth

Schedule

Provided that, for traditional and folkloristic horse races

which are held on certain feasts and special occasions, the Authority

may, upon an application made to such effect, issue an ad hoc

authorisation to hold such races in a road other than those listed in the

Fourth Schedule

Provided further that the authorisation so issued by the

Authority may contain any conditions which the Authority may deem

fit to impose and shall also be subject to the prior written

authorisations by the Commissioner of Police or any other competent

authority responsible from public safety during such events and by

the Director of Veterinary Services, which authorisations may contain

such terms and conditions as may be considered necessary or

expedient to secure public safety and animal welfare on the road

when it is in use for the animal racing event and which the applicant

shall be obliged to observe.

A driver of an animal or of an animal-drawn vehicle, shall

at all times while on the road -

(a)

act in a reasonable, prudent, and courteous manner;

(b) not permit an unlicensed person to operate an

animal-drawn vehicle under his control;

(c)

not permit a person on the back of an animal

drawing a vehicle when under his control;

(d)

not leave an animal unattended;

(e)

never permit any overloading of his animal-drawn

vehicle;

(f)

not operate an animal-drawn vehicle while under the

influence of alcohol or drugs or other substance that could

adversely affect his ability to operate an animal-drawn carriage;

and

(g) observe and obey all traffic laws and regulations and

be liable for any contravention thereof.

(1) The driver of an animal or an animal-drawn vehicle Accidents.

shall immediately report any accident involving such vehicle to the

Police. The owner of the animal or animal-drawn vehicle which has

been involved in any accident shall notify the Authority of such

accident by not later than the first working day following the

accident.

(2) No animal or animal-drawn carriage involved in an

accident where damage to third party property or injury to a third

party has occurred or where structural damage to the carriage or

injury to the animal has occurred, shall be used again until the said

vehicle has been inspected by an authorised officer or by any other

person appointed by the Authority, the fee established in the First

Schedule has been paid for such inspection and the animal has been

certified for service by a veterinarian.

Part XI

OFFENCES AND PENALTIES

(1) A person who contravenes the provisions of Penalties and

regulation 3(1) or (10) shall be guilty of an offence and shall, on penalty points.

conviction, be liable to a fine (multa) of five hundred euro (€500).

(2) A person who contravenes the provisions of regulation

4(1) shall be guilty of an offence and shall, on conviction, be liable

(a) in the case of a first offence, to a fine (multa) of not

less than two thousand and five hundred euro (€2,500) but not

exceeding four thousand and five hundred euro (€4,500) or to

imprisonment for a term not exceeding three months, or to both

such fine and imprisonment;

(b) in the case of a second offence, to a fine (multa) of

not less than four thousand and five hundred euro (€4,500) but

not exceeding six thousand euro (€6,000) or to imprisonment

for a term not exceeding six months, or to both such fine and

imprisonment; and

(c)

in the case of a third or subsequent offence, to a fine

(multa) of not less than six thousand euro (€6,000) but not

exceeding seven thousand and five hundred euro (€7,500) or to

imprisonment for a term not exceeding one year, or to both such

fine and imprisonment and to disqualification from holding a

driving licence issued under these regulations for twelve

months.

(3) A person who contravenes the provisions of regulation

4(5) shall be guilty of an offence and shall, on conviction, be liable to

a fine (multa) not exceeding fifty euro (€50) or to imprisonment for a

term not exceeding three months or to both such fine and

imprisonment.

(4) A person who contravenes the provisions of regulation

4(6) shall be guilty of an offence and shall, on conviction, be liable to

a fine (multa) not exceeding fifty euro (€50) or to imprisonment for a

term not exceeding three months or to both such fine and

imprisonment.

(5) Any person who contravenes the provisions of regulation

6(1) shall be guilty of an offence and shall, on conviction, be liable -

(a)

to a fine (multa) of not less than fifty euro (€50) but

not exceeding two hundred euro (€200) or up to three months

imprisonment where a person drives, or causes or permits to be

driven, an animal or an animal-drawn vehicle without the

person driving the vehicle being the holder of a driving licence;

(b) to a fine (multa) of not less than two hundred euro

(€200) but not exceeding five hundred euro (€500) or up to

three months imprisonment where a person drives an animal-

drawn vehicle for the transport of passengers for hire or reward

without holding the appropriate driving licence; and

(c)

to a fine (multa) of not less than five hundred euro

(€500) but not exceeding one thousand euro (€1,000) or up to

three months imprisonment where a person causes or permits

another person to drive an animal-drawn vehicle for the

transport of passengers for hire or reward without that other

person holding the appropriate driving licence.

(6) A person who contravenes the provisions of regulation 7

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) of not less than one thousand euro (€1,000) but not

exceeding five thousand euro (€5,000) or up to three months

imprisonment or both fine and imprisonment. Furthermore, the court

may order the immediate revocation of the operator’s licence as well

as the confiscation for a period of not less than one month but not

exceeding three months of the vehicle used where that person had

permitted or caused that vehicle to be used not for the purpose for

which it is licensed.

(7) A person who contravenes the provisions of regulation

12(2)(a) and (c) shall be guilty of an offence and shall, on conviction,

be liable to -

(a) a fine (multa) of one hundred euro (€100) for a first

offence and shall have his licence suspended for not more than

one month;

(b) a fine (multa) of two hundred euro (€200) for a

second offence within twelve months from the first offence and

shall have his licence suspended for not more than two months;

and

(c)

a fine (multa) of three hundred euro (€300) for a

third and subsequent offence within twelve months from the

first offence and shall have his licence suspended for not more

than three months.

For the purposes of this sub-regulation, in respect of a

driver "licence" means the driving licence issued under these

regulations, and in respect of an operator or owner "licence" means

the operator’s licence issued under these regulations or the driving

licence issued under these regulations where the owner is not an

operator.

(8) A person who contravenes the provisions of regulation 19

shall be guilty of an offence and shall, on conviction, be liable to the

penalty prescribed under the Value Added Tax Act.

(9) A person who contravenes the provisions of regulation

26(1) shall be guilty of an offence and shall, on conviction, be liable

to a fine (multa) of not less than one thousand and two hundred euro

(€1,200) but not exceeding five thousand euro (€5,000) or to

imprisonment for a period of not more than six months or to both

such fine and imprisonment.

(10) A person who contravenes the provisions of regulation

27(f) shall be guilty of an offence and shall, on conviction, be liable

to -

(a)

a fine (multa) of not less than one thousand and two

hundred euro (€1,200) and not exceeding one thousand and five

hundred euro (€1,500) or to imprisonment for a period of not

more than three months or to both fine and imprisonment and to

disqualification from holding a driving licence issued under

these regulations for six months for a first conviction; and

(b) a fine (multa) of not less than one thousand and five

hundred euro (€1,500) and not exceeding two thousand and five

hundred euro (€2,500) or to imprisonment for a period of not

more than six months or to both fine and imprisonment and to

disqualification from holding a driving licence issued under

these regulations for twelve months for a second or subsequent

conviction.

(11) Any person who contravenes any other regulation other

than those specified in sub-regulations (1), (2), (3), (4), (5), (6), (7),

(8), (9) and (10) shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) of not less than twenty-five euro (€25) but

not exceeding three hundred euro (€300).

(12) Where the holder of an operator’s licence or the holder of a

category X driving licence is convicted of an offence by a court or a

tribunal in contravention of these regulations there shall be attributed

to that person, in addition to the fine, -

(a) thirty penalty points for every offence in

contravention of regulations 3(1) and (10), 4, 6(1), 7(3) and

27(f), and

(b) ten penalty points for every offence in contravention

of any other provision of these regulations.

(13) For the purposes of sub-regulation (12), it shall be the duty

of the registrar of the court, or the clerk of the tribunal, which delivers

judgement, to inform in writing the Authority with the names and

identity numbers of the persons convicted under these regulations and

the fine imposed thereon.

(14) Penalty points, as provided for under the preceding sub-

regulation, shall be attributed also to a person who pays the penalty

instead of being summoned before a court or a tribunal.

(15) Where any fine is imposed by the court or by a tribunal for

any offence under these regulations and such fine has not been paid,

the Authority shall withhold from renewing the animal-drawn

vehicle’s licence or the driving licence, as the case may be, of the

person concerned on the expiry thereof until such time as the payment

of the fine is effected.

(1) The Authority may impose the administrative

penalties prescribed in the fourth and fifth columns of the Fifth

Schedule on any operator and, or driver of animal-drawn vehicles

used for hire or reward who contravenes the provisions of the

regulations listed in the first column of the said Schedule.

(2) Where the Authority imposes such administrative

penalties, it shall also impose the penalty points prescribed in the fifth

column of the Fifth Schedule.

(3) Where the person on whom an administrative penalty is

being imposed has contravened a regulation both as an operator and

as a driver, there shall be imposed on that person the highest of the

penalties in the third and fourth columns in the Fifth Schedule in

relation to that contravention together with the applicable number of

penalty points.

(4) No administrative penalty shall be imposed on an operator

or a driver of an animal-drawn vehicle used for hire or reward for a

breach of these regulations where criminal proceedings have already

been instituted in court or in a tribunal against such person with

respect to the said breach.

(5) The Authority shall, before imposing an administrative

penalty in terms of these regulations, inform the person on whom the

penalty is being imposed of its intention to do so by notice in writing.

Every such notice shall state that the person concerned has a right to

make presentations in writing within ten days to the Authority, giving

reasons why the administrative penalty should not be imposed. The

Authority shall consider any such representations before arriving at a

final decision. The Authority shall notify in writing its final decision

to the person concerned.

(6) A person aggrieved by the decision of the Authority to

impose administrative penalties and the corresponding penalty points

may within thirty days from the date when such decision is

communicated to him, lodge an appeal therefrom to the Tribunal in

accordance with the provisions of the Administrative Justice Act.

(7) Where a person does not pay the penalty within thirty days

from the date of the final decision communicated to him in terms of

sub-regulation (5) and does not appeal in terms of sub-regulation (6),

ordinary proceedings shall be taken in respect of the contravention.

(8) Where, upon the renewal of any licence granted to an

operator or driver of an animal-drawn vehicle licensed to be used for

hire or reward, the person in whose name such licence is granted

owes the Authority debts in the form of unpaid administrative

penalties, such licence shall not be renewed unless and until such debt

is settled in full.

(1) Penalty points shall expire at the end of the period of

three years after the date on which an offence was committed, and

shall be removed from the records of the person concerned.

(2) Any such person shall have the number of penalty points

recorded in his entry deducted by 50% if that person does not commit

an offence in contravention of these regulations or in contravention of

the Animal Welfare Act or any regulations made thereunder for a

period of two years after the date on which that person has committed

his last offence in breach of these regulations or in contravention of

the Animal Welfare Act or any regulations made thereunder.

Where the Authority imposes an administrative penalty in

terms of regulation 30, and the person on whom such penalty is

imposed pays such penalty to the Authority within thirty days from

the date of receipt of intimation to pay, no criminal proceedings shall

be instituted against that person in relation to the relative breach.