Objects (Amendment) Regulations, 2017

L.N. 123 of 2017

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA

(CAP. 499)

Clamping and Removal of Motor Vehicles and Encumbering

Objects (Amendment) Regulations, 2017

IN exercise of the powers conferred by article 54 of the Traffic

Regulation Ordinance and by article 43 of the Authority for Transport

in Malta Act, the Minister for Transport and Infrastructure, after

consultation with the Authority for Transport in Malta, has made the

following regulations:-

The title of these regulations is the Clamping and Removal Citation.

of Motor Vehicles and Encumbering Objects (Amendment)

Regulations, 2017, and these regulations shall be read and construed

as one with the Clamping and Removal of Motor Vehicles and S.L. 65.13

Encumbering Objects Regulations, hereinafter referred to as "the

principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) in the definition "derelict vehicle", immediately

after the words "motor vehicle which is" there shall be added

the words "or which appears to be"; and

(b) in the definition " "clamping zone" and "towing

zone" ", immediately after the words "by the Commissioner"

there shall be added the words "or by the Authority".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) the first proviso to sub-regulation (1) thereof shall

be deleted;

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

for the words "Provided further" there shall be substituted tge

word "Provided"; and

(c)

sub-regulations (2) and (3) thereof shall be deleted.

Regulation 4 of the principal regulations shall be amended

as follows

(a) for the marginal note thereof there shall be

substituted the following

"Clamping and removal of motor vehicles.";

(b) in sub-regulation (1) thereof, immediately after the

words "the Commissioner" there shall be added the words "or

the Authority"; and

(c)

sub-regulation (2) thereof shall be substituted by the

following

"(2) It shall also be lawful for the

Commissioner or the Authority or the Council to

remove, store and dispose or to fix wheel clamps

to

(a)

any motor vehicle which does

not have a valid circulation licence issued

by the Authority affixed to its windscreen;

(b) any motor vehicle with a

circulation licence which has expired by

more than one month to be reckoned from

the last day of the month in the calendar

year shown or indicated on the circulation

licence affixed to the windscreen of that

motor vehicle;

(c)

any motor vehicle hired or

leased from a vehicle hire undertaking

licensed in another Member State, which

has been brought into Malta and which is

not in conformity with the provisions of

the Registration and Licensing of Motor

Vehicles Regulations;

(d) any motor vehicle bearing

foreign registration plates which is not

properly licensed for use on the roads in

Malta;

(e)

any motor vehicle having

Maltese or foreign registration plates,

which is not in conformity with all relevant

rules and regulations in force in order for

such motor vehicle to be used on the roads

in Malta; and

(f)

any motor vehicle which is on

the road in breach of the Motor Vehicles

Registration and Licensing Act and any

regulations made thereunder

Provided that in the case of a motor vehicle

which has been clamped or removed from the

road in accordance with paragraphs (a) or (b),

the said motor vehicle shall not be returned to its

owner unless and until the circulation licence of

such motor vehicle, together with the

administrative fee payable to the Authority, are

paid in addition to the fees levied by the

Commissioner or the Authority or the Council as

laid down in regulation 9(a), (b) and (c).".

The proviso to regulation 6 of the principal regulations Amends

regulation 6 of

shall be deleted.

the principal

regulations.

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

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

following

"(1) The Commissioner or the Authority or the

Council shall order the sale of an encumbering object or

motor vehicle when it is not retrieved by its lawful owner,

in the case of an encumbering object, or by the holder of

the registration certificate in the case of a motor vehicle,

within fifteen days from the publication of a notice of

removal by the Commissioner or the Authority or the

Council in the Gazette and one other local newspaper,

calling on such owner, in the case of an object, or the

holder of the registration certificate, in the case of a motor

vehicle, to retrieve such object or motor vehicle after

producing evidence that he is the owner of the object or the

holder of the registration certificate of such vehicle.";

(b) in sub-regulation (2) thereof, for the word

"compensate" there shall be substituted by word "settle"; and

immediately after the words "storage fees due to them," there

shall be added the words "as well as the payment of any

registration tax, administrative fines, administrative fees, any

fines imposed by a court order or judgment or an order or

judgment given by a tribunal, any arrears of circulation licence

fees and all other amounts due to the Authority;"; and

(c)

in sub-regulation (4) thereof, for the words "one

month’s notice" there shall be substituted the words "fifteen

days’ notice".

Regulation 8A of the principal regulations shall be

amended as follows

(a) in sub-regulations (1), (2) and (3) thereof,

immediately after the words "the Commissioner", wherever they

appear, there shall be added the words "or the Authority";

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

legitimate owner" there shall be substituted the words "holder of

the registration certificate";

(c)

in the proviso to sub-regulation (3) thereof, for the

words "shall have the right to impose a fee of not more than one

thousand one hundred and sixty-four euros and sixty-nine cents

(1,164.69)" there shall be substituted the words "shall impose a

fee of not more than two thousand and five hundred euro

(€2,500)"; and

(d)

sub-regulation (4) thereof shall be deleted.

Regulation 9 of the principal regulations shall be amended

as follows

(a)

in paragraph (a) thereof, for the figure "€70" there

shall be substituted the figure "€180";

(b) in paragraph (b) thereof, for the figure "€105" there

shall be substituted the figure "€200";

(c)

in paragraph (c) thereof, for the figure "€7" there

shall be substituted the figure "€15"; and

(d) in paragraph (d) thereof, for the figure "€1,165"

there shall be substituted the figure "€2,500".

The Schedule to the principal regulations shall be deleted.

€0.36