Regulations, 2017

L.N. 124 of 2017

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicle (Roadworthiness Test) (Amendment)

Regulations, 2017

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

Regulation Ordinance, the Minister for Transport and Infrastructure,

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

the following regulations:-

(1)

The title of these regulations is the Motor Vehicle

(Roadworthiness Test) (Amendment) Regulations, 2017 and they

shall be read and construed as one with the Motor Vehicle

(Roadworthiness Test) Regulations, hereinafter referred to as "the

principal regulations".

(2) The scope of these regulations is to implement the

provisions of Directive 2014/45/EU of the European Parliament and

of the Council of 3 April 2014 on periodic roadworthiness tests for

motor vehicles and their trailers and repealing Directive 2009/40/EC;

and of Directive 2014/47/EU of the European Parliament and of the

Council of 3 April 2014 on the technical roadside inspection of the

roadworthiness of commercial vehicles circulating in the Union and

repealing Directive 2000/30/EC.

Regulation 2 of the principal regulations shall be amended

as follows

(a)

immediately before the definition "ambulance"

there shall be added the following new definition

" "ADR" shall have the same meaning assigned to

it in the Motor Vehicles (Carriage of Goods by Road)

Regulations;";

(b)

immediately after the definition "ambulance" there

shall be added the following new definition

" "approval" means a procedure whereby a Member

State certifies that a vehicle satisfies the relevant

administrative provisions and technical requirements

referred to in Directive 2002/24/EC, Directive 2003/37/EC

and Directive 2007/46/EC;";

(c)

immediately after the definition "Authority" there

shall be added the following new definition

" "cargo" means all goods that would normally be

placed in or on the part of the vehicle designed to carry a

load and that are not permanently fixed to the vehicle,

including objects within load carriers such as crates, swap

bodies or containers on vehicles;";

(d)

the definition "company" shall be deleted;

(e)

immediately after the definition "chauffeur driven

vehicle" there shall be added the following new definitions

" "commercial vehicle" means a motor vehicle and

its trailer or semi-trailer used primarily for the transport of

goods or passengers for commercial purposes, such as

transport for hire and reward or own-account transport, or

for other professional purposes;";

"company" shall have the same meaning assigned

to it in article 2 of the Companies Act;

"concerted roadside inspection" means a technical

roadside inspection undertaken jointly by the competent

authorities of two or more Member States;

"deficiencies" means technical defects and other

instances of non-compliance found during a

roadworthiness test or during a roadside technical

inspection;

"designated roadside inspection facility" means a

fixed area for the performance of initial and/or more

detailed technical roadside inspections which may also be

equipped with permanently installed test equipment;";

(f)

immediately after the definition "Directive 2009/

40/EC" there shall be added the following new definitions

" "Directive 2014/45/EU" means Directive 2014/

45/EU of the European Parliament and of the Council of 3

April 2014 on periodic roadworthiness tests for motor

vehicles and their trailers and repealing Directive 2009/40/

EC;

"Directive 2014/47/EU" means Directive 2014/47/

EU of the European Parliament and of the Council of 3

April 2014 on the technical roadside inspection of the

roadworthiness of commercial vehicles circulating in the

Union and repealing Directive 2000/30/EC;

"Enforcement Officer" shall have the same

meaning assigned to it in the Transport Enforcement

Officers Regulations;";

(g)

immediately after the definition "heavy goods

vehicle" there shall be added the following new definitions

" "holder of a registration certificate" means the

legal or natural person in whose name the vehicle is

registered;

"inspecting officer" means an Enforcement Officer

authorised by the Authority to carry out initial and/or more

detailed technical roadside inspections;";

(h)

the word "Minister" shall be substituted by the

following

" "mobile inspection unit" means a transportable

system of test equipment needed to carry out more detailed

technical roadside inspections, staffed by inspecting

officers who are competent to carry out more detailed

roadside inspections;";

(i)

the word "motor vehicle" shall be substituted by

the following

" "motor vehicle" means any power-driven vehicle

on wheels which is moved by its own means with a

maximum design speed exceeding 25km/h;";

(j)

the word "public highway" shall be substituted by

the following

" "public road" means a road that is of general

public utility and includes all national, arterial, distributor,

access and local access roads;";

(k) immediately after the word "station" there

shall be added the following new definition

" "T5 vehicle" means a wheeled tractor with a

maximum design speed exceeding 40 km/h, the use of

which mainly takes place on public roads for commercial

road haulage purposes;";

(l)

the words "technical roadside inspection" shall be

substituted by the following

" "technical roadside inspection" means an

unexpected technical inspection of the roadworthiness of a

commercial vehicle carried out by the Authority;";

(m)

immediately after the word "Tribunal" there shall

be inserted the following new definitions

" "undertaking" means an undertaking as defined in

point 4 of Article 2 of Regulation (EC) No 1071/2009;

"vehicle roadworthiness test" means an inspection

in accordance with regulations 18D and 18E, together with

the prescribed requirements listed in the First Schedule,

designed to ensure that a vehicle is safe to be used on

public roads and that it complies with required and

mandatory safety and environmental characteristics;".

Regulation 3A of the principal regulations shall be deleted. Deletes

regulation 3A of

the principal

regulations

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

the principal

regulations.

(a)

sub-regulation (1) thereof shall be deleted and sub-

regulation (2) thereof shall be renumbered as sub-regulation (1);

(b)

in sub-regulation (1) as renumbered thereof,

immediately after the words "Armed Forces of Malta" there

shall be added the words "are exempted from the provisions of

these regulations, however; they".

In paragraph (g) of sub-regulation (1) of regulation 10 of Amends

the principal regulations the words "three classes" shall be substituted regulation

the principal

by the word "categories".

regulations.

Sub-regulation (4) of regulation 13 of the principal Amends

regulation 13 of

regulations shall be amended as follows

the principal

regulations.

(a)

in point (iv) thereof, the words "equivalent

certificate;" shall be substituted by the words "equivalent

certificate:" and immediately thereafter, the following new

proviso shall be added

"Provided that with effect from 20 May 2018 new

applicants shall be in possession of a recognised

qualification at a level not less than level 4 of the Malta

Qualifications Framework as detailed in the First Schedule

to the Malta Qualifications Framework for Lifelong

Learning Regulations, which qualification shall confirm

the requisite level of knowledge and understanding for

road vehicles in the areas listed in point 1(a) of Annex IV

of Directive 2014/45/EU;";

(b)

in item (vi) thereof, the words "Member State."

shall be substituted by the words "Member State:" and

immediately thereafter, there shall be added the following new

proviso

"Provided that with effect from 20 May 2018

such course shall include the topics referred to in point 2(a)

of Annex IV of Directive 2014/45/EU."; and

(c)

sub-regulation (6) thereof shall be renumbered as

sub-regulation (7) thereof and immediately after sub-regulation

(5) thereof, there shall be added the following new sub-

regulation

"(6) The Authority shall issue a certificate of

competence to all testers found on the register of testers.

Such certificate shall be valid for a period of three years

and shall only be renewed upon the successful completion

of the refresher training referred to in regulation 14(3).".

Regulation 14 of the principal regulations shall be

amended as follows

(a)

sub-regulations (1) and (2) thereof shall be

renumbered as sub-regulations (2) and (4) thereof;

(b)

immediately before sub-regulation (2) as

renumbered thereof, there shall be added the following new sub-

regulation

"(1) When carrying out a roadworthiness test, a

tester shall be free from any conflict of interest so as to

ensure, to the satisfaction of the Authority, that a high level

of impartiality and objectivity is maintained.";

(c)

in sub-regulation (2) as renumbered thereof,

immediately after the words "employed shall", there shall be

added the word "also";

(d)

immediately after sub-regulation (2) as renumbered

thereof, there shall be added the following new sub-regulation

"(3) In order to renew the certificate of

competence referred to in regulation 13(6), a tester shall

receive refresher training organized by the Authority or by

a body accredited by the Authority, which training shall be

in relation to the topics listed in point 2(a) of Annex IV of

Directive 2014/45/EU."; and

(e)

in sub-regulation (4) as renumbered thereof, the

words "sub-regulation (1)" shall be substituted by the words

"sub-regulations (1), (2) and (3)".

Regulation 18 of the principal regulations shall be deleted.

Deletes

regulation 18 of

the principal

regulations.

Regulation 18A of the principal regulations shall be Substitutes

regulation 18A

substituted by the following

of the principal

regulations.

The categories of vehicles that are

subject to periodic vehicle roadworthiness tests and

the intervals of such tests shall be those prescribed

in the Eighth Schedule.

Notwithstanding the date of a vehicle’s

last roadworthiness test, a vehicle shall be required

to undergo a roadworthiness test before the intervals

prescribed in the Eighth Schedule in the following

cases

(a)

after an accident affecting the

main safety-related components of the vehicle,

such as wheels, suspension, deformation

zones, air-bag systems, steering or brakes,

(b)

when

the

safety

and

environmental systems and components of the

vehicle have been altered or modified.

(1)

Every motor vehicle undergoing a

roadworthiness test in accordance with the

provisions of these regulations shall be

photographed in the testing station by the operator or

by the tester.

(2) The photographs referred to in sub-

regulation (1) shall be taken and presented to the

Authority in accordance with the procedure laid

down in the Thirteenth Schedule.

The items to be tested until 19 May 2018

shall be those listed in Annex II of Directive 2009/

40/EC as amended by Commission Directive 2010/

48/EU and those listed in items C to I in the First

Schedule.

The following provisions with regard to

testing shall apply with effect from 20 May 2018

(1) a roadworthiness test shall cover the

following

(a)

the areas and items, including the

recommended methods of testing, listed in

Annex I of Directive 2014/45/EU, with the

exception of the following items

(i) 2.4, 3.6, 5.3.2.1, 6.1.9,

(ii) 7.2 (only in respect of M1

vehicles not used for hire),

(iii) 7.4 (only in respect of M1

vehicles not used for hire, N, O and T5

category vehicles),

(iv) 7.5 (only in respect of M1

vehicles not used for hire, N, O and T5

category vehicles),

(v) 7.6, 8.3,

(vi) 9.3 (in respect of all vehicle

categories, except motor route buses, M2

and M3 vehicles for hire),

(vii) 9.5 (in respect of all vehicle

categories, except motor route buses),

(viii) 9.8 (in respect of all vehicle

categories, except electric trolley

vehicles, Malta heritage buses, open top

buses and trackless trains – all as defined

in the Passenger Transport Services

Regulations),

(ix) 9.9 (only in respect of M1

vehicles not used for hire, N, O and T5

category vehicles),

(x) 9.12; and

(b)

items C to I of the First Schedule;

(2) For each item that has failed the test, the

possible deficiencies and the corresponding level of

severity provided in Annex I of Directive 2014/45/

EU shall be applied;

(3) Deficiencies that are found during vehicle

roadworthiness tests shall be categorized in one of

the following groups

(a)

minor deficiencies having no

significant effect on the safety of the vehicle or

impact on the environment, and other minor

non-compliances;

(b)

major deficiencies that may

prejudice the safety of the vehicle or have an

impact on the environment or put other road

users at risk, or other more significant non-

compliances;

(c)

dangerous deficiencies consti-

tuting a direct and immediate risk to road

safety or having an impact on the environment

which justify that the Authority prohibits the

use of the vehicle on public roads.

(4) A vehicle having deficiencies falling into

more than one of the deficiency groups referred to in

sub-regulation (3) shall be classified in the group

corresponding to the more serious deficiency. A

vehicle showing several deficiencies within the

same inspection area as identified in point 2 of

Annex 1 of Directive 2014/45/EU, shall be classified

in the next most serious deficiency group if the

tester deems that the combined effect of those

deficiencies results in a higher risk to road safety.

(5) The following provisions shall apply

when deficiencies have been encountered during a

roadworthiness test

(a)

in the case of minor deficiencies

only, the test shall be deemed to have been

passed, the deficiencies shall be rectified by

the vehicle owner, and the vehicle shall not be

re-tested;

(b)

in the case of major deficiencies,

the test shall be deemed to have been failed

and the vehicle shall be allowed to be used on

public roads for a period not exceeding sixteen

days, within which period the necessary

repairs to comply with the prescribed

requirements may be effected and the vehicle

submitted for a re-test

Provided that the appointment for

such re-test shall be set prior to the vehicle

owner leaving the station following the initial

test, and if a passed test result is issued after

such re-test certifying that the necessary

repairs have been carried out on the motor

vehicle to comply with the prescribed

requirements, a fee not exceeding fifty per cent

of the full test fee as specified in the Eighth

Schedule, shall be payable

Provided further that if the vehicle

is not submitted for the re-test within sixteen

days, the licence authorizing the use of that

vehicle in road traffic shall be suspended until

such time as the deficiencies are rectified and a

new roadworthiness certificate is issued

testifying that the vehicle is in a roadworthy

condition;

(c)

in the case of dangerous

deficiencies, the test shall be deemed to have

been failed and the use of the vehicle shall be

prohibited with immediate effect. The test

result shall include a notice informing the

driver that the vehicle in question is prohibited

from being used on the road until those

deficiencies have been rectified. The use of

such vehicle shall only be permitted in order to

enable it to reach one of the closest workshops

where those deficiencies can be rectified and in

order to enable it to return back to the station

to be submitted for a re-test. That vehicle shall

be allowed a period not exceeding sixteen days

for the necessary repairs to be effected and to

be submitted for a re-test

Provided that the appointment for

such re-test shall be set prior to the vehicle

owner leaving the station following the initial

test, and if a passed test result is issued after

such re-test certifying that the necessary

repairs have been carried out on the motor

vehicle to comply with the prescribed

requirements, a fee not exceeding fifty per cent

of the full test fee as specified in the Eighth

Schedule, shall be payable

Provided further that if the vehicle

is not submitted for the re-test within sixteen

days, the licence authorising the use of that

vehicle in road traffic shall be suspended until

such time as the deficiencies are rectified and a

new roadworthiness certificate is issued

testifying that the vehicle is in a roadworthy

condition.

(1)

A driver or a holder of the

registration certificate of a vehicle that is submitted

for a roadworthiness test shall at all times cooperate

with the tester and any other authorized officials of

the authority and shall abide by their lawful

instructions or orders.

(2) A driver or a holder of the registration

certificate of a vehicle that is submitted for a

roadworthiness test who fails to comply with the

provisions of sub-regulation (1) shall be guilty of an

offence and shall, on conviction, be liable to a fine

not exceeding €500.

(3) The holder of the registration certificate

of a vehicle which has been found to have an

odometer that has been manipulated with the aim of

reducing or misrepresenting the distance record of

that vehicle, shall be guilty of an offence and shall,

on conviction, be liable to a fine not exceeding

€200.".

10. Regulation 19 of the principal regulations shall be Amends

regulation 19 of

amended as follows

the principal

regulations.

(a)

in the second proviso to paragraph (b) of sub-

regulation (1) thereof, for the words "shall apply." shall be

substituted by the words "shall apply:", and immediately

thereafter there shall be added the following new proviso

"Provided further that with effect from 20

May 2018 the above two provisos shall no longer apply

and the provisos to sub-regulations (5)(b) and (5)(c) of

regulation 18E shall apply instead.".

(b)

points (viii), (ix) and (x) of sub-regulation (4)(a)

thereof shall be renumbered as points (ix), (x) and (xi), and

immediately before point (ix) as renumbered thereof, there shall

be added the following new point

"(viii) the identified deficiencies and their level of

severity (applicable with effect from 20 May 2018);".

11. Immediately after regulation 19 of the principal

regulations, there shall be added the following new regulation

For each vehicle that has passed a

roadworthiness test, the Authority shall indicate

the date by which the next test is to take place

on the licence disc issued in respect of that

vehicle in accordance with regulation 14 of the

Registration and Licensing of Motor Vehicles

Regulations.".

12. Sub-regulation (3) of regulation 20 of the principal

regulations shall be deleted.

13. Immediately after regulation 28 of the principal

regulations there shall be added the following new regulation

In order to ensure that a high quality of

testing is maintained over time, and in addition to

what is already provided for in these regulations, the

Authority shall regularly supervise VRT stations and

shall, with effect from 1 January 2023, perform the

tasks provided for in point 1 of Annex V of Directive

2014/45/EU and shall fulfil the requirements laid

down in points 2 and 3 of that Annex.".

14. In Part VIII of the principal regulations, the words "PART

VIII" shall be substituted by the following

"PART VIII

(This Part shall apply until 19 May 2018)".

15. Immediately after Part VIII of the principal regulations there

shall be added the following new Part

"PART IX

(This Part shall apply with effect from 20 May 2018) Technical

Roadside Inspection of Commercial Vehicles

Commercial vehicles with a design speed

exceeding 25 km/h in Category I, Category II,

Category III (O3 and O4 trailers only) and Category

VIII as defined in the Second Schedule, whether

registered in Malta or in another country, shall be

subjected to random technical roadside inspections

when circulating on public roads in Malta.

The technical roadside inspection system

shall include initial technical roadside inspections

as detailed in regulation 42(1) and more detailed

technical roadside inspections as detailed in

regulation 42(3).

For vehicles in Category I, Category II

and Category III (O3 and O4 trailers only), the total

number of initial technical roadside inspections

shall, in every calendar year, correspond to at least

5% of the total number of these vehicles that are

registered in Malta.

(1) For vehicles in Category I, Category

II and Category III (O3 and O4 trailers only), the

information concerning the number and severity of

deficiencies set out in Annex II and, where

applicable, Annex III of Directive 2014/47/EU

found on vehicles operated by individual

undertakings shall be introduced into the risk rating

system established under Article 9 of Directive

2006/22/EC. For the attribution of a risk profile to

an undertaking, the Authority shall use the criteria

set out in Annex I of Directive 2014/47/EU. That

information shall be used to check undertakings

with a high risk rating more closely and more often.

(2) For the purpose of implementing sub-

regulation (1), the Authority shall use the

information received from other Member States

pursuant to Article 18(1) of Directive 2014/47/EU.

(3) The Authority shall allow additional

voluntary roadworthiness tests on vehicles subject

to the provisions of these regulations. Information

on compliance with roadworthiness requirements

obtained from voluntary tests shall be taken into

account in order to improve the risk profile of an

undertaking.

(4) The provisions of sub-regulations (1), (2)

and (3) shall apply with effect from 20 May 2019.

(1)

Undertakings shall be required to

keep on board the vehicle the roadworthiness

certificate corresponding to the most recent periodic

roadworthiness test or a copy thereof or, in the case

of an electronically produced roadworthiness

certificate, a certified or original printout of that

certificate, and the report of the most recent

technical roadside inspection, when they are

available. The Authority shall accept electronic

evidence of such inspections when information in

that regard is accessible.

(2) Undertakings and drivers of a vehicle

subject to a technical roadside inspection shall

cooperate with the inspecting officers and provide

access to the vehicle, its parts and all relevant

documentation for the purposes of the inspection.

(3) For undertakings found in breach of sub-

regulation (1) there shall be levied the relative

administrative penalty established in the Fourteenth

Schedule.

(4) An undertaking or a driver who fails to

comply with the provisions of sub-regulation (2)

shall be guilty of an offence and shall, on

conviction, be liable to a fine of not less than €120

and not exceeding €250 for a first conviction, and to

a fine of not less than €250 and not exceeding

€1,200 for each subsequent conviction.

(1)

The Authority may appoint

inspecting officers to carry out initial and/or more

detailed technical roadside inspections and any

other duties in relation to these regulations.

(2) A person may qualify as an inspecting

officer if such person –

(i)

has held the position of

Enforcement Officer with the Authority for

not less than two consecutive years;

(ii)

is in possession of a driving

licence for the categories of vehicles he is

qualified to inspect;

(iii)

is in possession of a recognized

qualification covering the areas listed in point

1(a) of Annex IV of Directive 2014/45/EU;

(iv)

has at least three years of

documented experience or equivalent, such as

documented mentorship or studies, and

appropriate training in the road vehicle field;

(v)

is in possession of a certificate of

competence issued by the Authority following

the successful completion of a training course

organized by the Authority or a body

accredited by the Authority, which training

shall be in relation to the topics listed in point

2(a) of Annex IV of Directive 2014/45/EU; or

is in possession of an equivalent certificate

issued by the competent authority of a

Member State

Provided that the requirements listed in

items (ii) to (v) shall only apply for inspecting

officers who are authorised to carry out more

detailed technical roadside inspections in

accordance with regulation 42(3)

Provided further that inspecting officers

employed as such by the Authority on the

entry into force of these requirements shall be

considered as being in possession of the

necessary

qualifications,

training

and

experience required by this sub-regulation.

(3) An inspecting officer shall, when

required to do so by the Authority, receive refresher

training organized by the Authority or a body

accredited by the Authority, which training shall be

in relation to the topics listed in point 2(a) of Annex

IV of Directive 2014/45/EU.

(4) Inspecting officers shall have the same

powers assigned to Enforcement Officers in the

Transport Enforcement Officers Regulations.

(5) When carrying out a technical roadside

inspection, an inspecting officer shall be free from

any conflict of interest that could have any

influence on the impartiality and objectivity of his

decision.

(6) When selecting a vehicle for a technical

roadside inspection and when carrying out that

inspection, inspecting officers shall refrain from any

discrimination on grounds of the nationality of the

driver or of the country of registration or entry into

service of the vehicle.

(1) When identifying vehicles to be

subject to an initial technical roadside inspection,

inspecting officers may select, as a priority, vehicles

operated by undertakings with a high-risk profile as

referred to in Directive 2006/22/EC. Vehicles may

also be selected randomly for inspection, or where

there is a suspicion that the vehicle presents a risk to

road safety or to the environment.

(2) Vehicles selected in accordance with sub-

regulation (1) shall be subjected to an initial

technical roadside inspection.

42.(1) In each initial technical roadside

inspection of a vehicle, the inspecting officer

(a)

shall

check

the

latest

roadworthiness certificate and technical

roadside inspection report, where available,

kept on board, or electronic evidence thereof

in accordance with regulation 39(1);

(b)

shall carry out a visual

assessment of the technical condition of the

vehicle;

(c)

shall carry out a visual

assessment of the securing of the vehicle’s

cargo in accordance with regulation 45;

(d)

may carry out technical checks by

any method deemed appropriate. Such

technical checks may be carried out in order to

substantiate a decision to submit the vehicle to

a more detailed technical roadside inspection,

or to request that the deficiencies be rectified

without delay in accordance with regulation

46(1);

(e)

shall

verify

whether

any

deficiencies indicated in the previous

technical roadside inspection report have been

rectified.

(2) On the basis of the outcome of the initial

inspection, the inspecting officer shall decide

whether the vehicle or its trailer should be subject to

a more detailed roadside inspection.

(3) A more detailed technical roadside

inspection shall cover those items listed in Annex II

of Directive 2014/47/EU that are considered

necessary and relevant, taking into account in

particular the safety of the brakes, tyres, wheels,

chassis and nuisance, and the recommended

methods applicable to the testing of those items.

(4) Where the roadworthiness certificate or a

roadside inspection report demonstrates that an

inspection of one of the items listed in Annex II of

Directive 2014/47/EU has been carried out in the

course of the preceding three months, the inspector

shall not check that item, except where such a check

is justified on the grounds of an obvious deficiency.

(1)

Waqt kull spezzjoni teknika inizjali

waqt it-traġitt ta’ vettura, l-uffiċjal li jispezzjona

(a)

għandu jivverifika ċ-ċertifikat tal-

affidabbiltà stradali u r-rapport tal-ispezzjoni

teknika waqt it-traġitt l-aktar reċenti, fejn ikunu

disponibbli, li jkunu qed jinżammu abbord jew

evidenza elettronika ta’ dawn skont ir-

regolament 39(1);

(b)

għandu jwettaq valutazzjoni viżiva

tal-kundizzjoni teknika tal-vettura;

(ċ)

għandu jagħmel valutazzjoni viżiva

tal-irbit tal-merkanzija tal-vettura skont ir-

regolament 45;

(d)

jista’ jwettaq kontrolli tekniċi

permezz ta’ kwalunkwe metodu li huwa jqis

xieraq. Kontrolli tekniċi bħal dawn jistgħu

jitwettqu sabiex tiġi ssostanzjata deċiżjoni li l-

vettura tiġi sottomessa għal spezzjoni teknika

aktar dettaljata waqt it-traġitt, jew biex issir talba

sabiex in-nuqqasijiet jiġu rrettifikati mingħajr

dewmien skont ir-regolament 46(1);

(e)

għandu jivverifika jekk kwalunkwe

nuqqasijiet indikati fir-rapport ta’ qabel ta’

spezzjoni teknika waqt it-traġitt ġewx rettifikati.

(2) Abbażi tar-riżultat tal-ispezzjoni inizjali, l-

uffiċjal li jispezzjona għandu jiddeċiedi jekk il-vettura

jew it-trejler tagħha għandhiex tkun soġġetta għal

spezzjoni aktar dettaljata waqt it-traġitt.

(3) Spezzjoni teknika aktar dettaljata għandha

tkopri dawk l-elementi elenkati fl-Anness II tad-

Direttiva 2014/47/KE li jitqiesu bħala meħtieġa u

rilevanti, filwaqt li b’mod partikolari jitqiesu s-

sikurezza tal-brejkijiet, t-tajers, ir-roti, x-xażi u l-

fastidju, u l-metodi rakkomandati applikabbli għall-

ittestjar ta’ dawk l-elementi.

(4) Fejn iċ-ċertifikat tal-affidabbiltà stradali

jew rapport tal-ispezzjoni waqt it-traġitt juri li

spezzjoni ta’ wieħed mill-elementi elenkati fl-Anness

II tad-Direttiva 2014/47/KE twettaq matul it-tliet xhur

ta’ qabel, l-uffiċjal li jispezzjona ma għandux jiċċekkja

dak l-element, ħlief jekk tali ċċekkjar ikun ġustifikat

fuq il-bażi ta’ nuqqas ovvju.

(1)

A more detailed technical

roadside inspection shall be carried out using a

mobile inspection unit or a designated roadside

inspection facility, or in a VRT station;

(2) Where a more detailed inspection is to be

carried out in a VRT station or designated roadside

inspection facility, it shall be carried out as soon as

possible in one of the closest practicable stations or

facilities.

(3) Mobile inspection units and designated

roadside inspection facilities shall include

appropriate equipment for carrying out a more

detailed technical roadside inspection, including the

equipment necessary to assess the condition of the

brakes and brake efficiency, steering, suspension

and nuisance of the vehicle as required. Where

mobile inspection units or designated roadside

inspection facilities do not include the equipment

required to check an item indicated in an initial

inspection, the vehicle shall be directed to a VRT

station or facility where a detailed check of that

item can be performed.

(1)

For all items to be inspected,

there shall be assigned the possible deficiencies and

the corresponding level of severity found in the list

provided in Annex II of Directive 2014/47/EU.

(2) Deficiencies that are found during

technical roadside inspections of vehicles shall be

categorized in one of the following groups

(a)

minor deficiencies having no

significant effect on the safety of the vehicle

or impact on the environment, and other minor

non-compliances;

(b)

major deficiencies that may

prejudice the safety of the vehicle or have an

impact on the environment or put other road

users at risk, or other more significant non-

compliances;

(c)

dangerous

deficiencies

constituting a direct and immediate risk to

road safety or having an impact on the

environment.

(3) A vehicle having deficiencies falling into

more than one of the deficiency groups referred to

in sub-regulation (2) shall be classified in the group

corresponding to the more serious deficiency. A

vehicle showing several deficiencies within the

same inspection area as defined in the scope of the

technical roadside inspection referred to in point 1

of Annex II of Directive 2014/47/EU, shall be

classified in the next most serious deficiency group

if the inspecting officer deems that the combined

effect of those deficiencies results in a higher risk to

road safety.

(1)

During a roadside inspection a

vehicle may also be subjected to an inspection of its

cargo securing in accordance with Annex III of

Directive 2014/47/EU, in order to ensure that the

cargo is secured in such a way that it does not

interfere with safe driving, or pose a threat to life,

health, property or the environment. Checks may be

carried out to verify that during all kinds of

operation of the vehicle, including emergency

situations or uphill starting manoeuvres

-

loads can only minimally change

their position relative to each other, against

walls or surfaces of the vehicle, and

-

loads cannot leave the cargo

space or move outside the loading surface.

(2) Without prejudice to the requirements

applicable to transport of certain categories of

goods, such as those covered by the ADR, cargo

securing and inspection of the securing of cargo

may be carried out in accordance with the principles

and, where appropriate, the standards laid down in

Section I of Annex III of Directive 2014/47/EU.

The latest version of the standards laid down in

point 5 of Section I of Annex III of the same

Directive may be used.

(3) The follow-up procedures referred to in

regulation 46 may also apply in the case of major or

dangerous deficiencies related to cargo securing.

(4) Inspecting officers involved in cargo

securing checks shall be appropriately trained for

that purpose by the Authority or by a body

accredited by the Authority.

(1)

Without prejudice to sub-

regulation (3), inspecting officers shall ensure that

any major or dangerous deficiency revealed by an

initial or more detailed inspection is rectified before

the vehicle is allowed to be used on public roads.

(2) If the vehicle is registered in Malta, the

inspecting officer shall issue a notice to the

undertaking informing him that the vehicle is to

undergo a full roadworthiness test within a specified

time limit following the inspection. If the vehicle is

registered in another Member State, the inspecting

officer or any other authorized officer of the

Authority shall request the competent authority of

that other Member State, via the contact points

referred to in Article 17 of Directive 2014/47/EU, to

carry out a new roadworthiness test of the vehicle in

accordance with the procedure laid down in Article

18(2) of the same Directive. Where major or

dangerous deficiencies are found in a vehicle

registered outside the Union, the inspecting officer

or any other authorised officer of the Authority shall

inform the competent authority of the country of

registration of the vehicle.

(3) In the case of any deficiencies which

require prompt or immediate rectification due to any

direct and immediate risk to road safety, use of the

vehicle shall be prohibited and the inspecting officer

shall issue a notice to the undertaking informing

him that the vehicle in question is prohibited from

being used on the road until those deficiencies have

been rectified. The inspecting officer may also order

that the vehicle is either clamped or towed away to

an available location where it can be repaired.

(4) Except as otherwise provided in these

regulations, every notice issued by the Authority

and inspecting officers to undertakings shall be

made in writing.

(1)

The Authority shall have the

discretionary power to impose the administrative

penalties prescribed in the Fourteenth Schedule on

any undertaking who breaches regulation 39(1) and/

or whose vehicle has been found to have major or

dangerous deficiencies following a more detailed

inspection.

(2) Where an administrative penalty has

been imposed in accordance with sub-regulation

(1), the inspecting officer shall request the driver to

pay a deposit equal to such administrative penalty.

The inspecting officer may clamp the vehicle until

such deposit has been settled in full; provided that

an official receipt shall be given by the inspecting

officer to the driver evidencing payment of such

deposit. The deposit shall be refunded in the event

that an appeal is lodged by the person on whom it is

imposed and the Tribunal revokes the administrative

penalty imposed upon such person. Where no

appeal is lodged within the time stipulated in these

regulations or an appeal is lodged and the Tribunal

confirms the administrative penalty, the deposit

shall be set-off by the Authority against such

administrative penalty.

(1)

Where deficiencies have been

found following a more detailed inspection which

has been carried out at a VRT station, there shall be

levied on the undertaking under whose name the

vehicle is registered the relative test fee for that

vehicle as specified in the Eighth Schedule.

(2) Where the vehicle has been clamped or

towed away in accordance with regulations 46(3) or

47(2), there shall be levied on the undertaking under

whose name the vehicle is registered the relative

fees established in the Clamping and Removal of

Motor Vehicles and Encumbering Objects

Regulations.

(1)

For each initial technical roadside

inspection carried out, the inspecting officer shall

communicate the following information to the

Authority

(a)

country of registration of the

vehicle;

(b)

category of the vehicle;

(c)

outcome of the initial technical

roadside inspection.

(2) On completion of a more detailed

inspection, the inspecting officer shall draw up a

report in accordance with Annex IV of Directive

2014/47/EU and shall provide a copy of such report

to the driver of the vehicle.

(3) The inspecting officer shall communicate

to the Authority the results of the more detailed

technical roadside inspection within two working

days following that inspection. The Authority shall

keep that information in accordance with the

applicable provisions of the Data Protection Act for

not less than 36 months from the date of its receipt.

Inspecting officers shall undertake

concerted roadside inspection activities on a yearly

basis in accordance with the provisions of Article 19

of Directive 2014/47/EU.".

16. The First Schedule to the principal regulations Amends the

First Schedule

shall be amended as follows

to the principal

regulations.

(a)

the title thereof shall be substituted by the

"FIRST SCHEDULE

(Regulations 2, 18D and 18E)

Prescribed Requirements";

(b)

item A thereof shall be substituted by the

"A. the requirements established by the Driver

and Vehicle Standards Agency of the United Kingdom

as contained in the following manuals and their

subsequent updates and amendments (this item shall

apply until 19 May 2018)

(a)

The Motor Bicycle and Sidecar

Testing Manual (latest edition);

(b)

The Private Passenger and Light

Commercial Testing Manual (latest edition);

(c)

The

Heavy

Goods

Vehicle

Inspection Manual (latest edition);

((d)

The

Public

Service

Vehicle

Inspection Manual (latest edition).";

(c)

in the second paragraph of item C thereof, the

words "Category V and Category VI vehicles -" shall be

substituted with the words "Category V, Category VI and

Category VIII vehicles -"; and

(d)

in item I thereof, the words "M2 and M3 vehicles."

shall be substituted with the words "M2, M3 and T5 vehicles.".

17. The Second Schedule to the principal regulations shall be

amended as follows

(a)

The title thereof, shall be substituted with the

"SECOND SCHEDULE

(Regulations 4, 10, 30 and 35)

Classification of Vehicles";

(b)

in Category VII thereof, immediately after the

word "Quad bikes" there shall be inserted the words "(L3e, L4e,

L5e and L7e vehicles with an engine displacement of more than

125cm³); and

(c)

immediately after Category VII thereof there shall

be added the following new category

"CATEGORY VIII

- Wheeled tractors with a maximum

design speed exceeding 40 km/h, the

use of which mainly takes place on

public roads (T5 vehicles).".

18. In item 4 of the Third Schedule to the principal Amends the

regulations, for the words "vehicles in category I, II, III (exceeding Third

to the principal

3.5 tonnes)" there shall be substituted the words "vehicles in category regulations.

I, II, III, VIII (exceeding 3.5 tonnes)".

19. The Fourth Schedule to the principal regulations shall be Amends the

Fourth Schedule

amended as follows

to the principal

regulations.

(a)

for points 1, 2 and 3 thereof shall be substituted by

the following

"1. Roller Brake Tester for motor vehicles and

trailers with a maximum permissible mass of 3,500kgs and

over; or Roller Brake Tester for motor vehicles and trailers

with a maximum permissible mass of less than 3,500Kg; or

Roller Brake Tester for motorcycles; or Plate Brake Tester

as an option to above in weight category

Provided that with effect from 20 May 2023,

such Roller Brake and Plate Brake Testers shall be in

accordance with Annex A to standard ISO 21069-1 on the

technical requirements of roller brake tester or equivalent

standards;

2. Headlamp aiming device allowing the setting

of the headlight to be tested

3. Exhaust Gas Analyser - Petrol and Diesel

Provided that with effect from 20 May 2023,

such analyser shall be a 4-gas analyser in accordance with

Directive 2004/22/EC of the European Parliament and of

the Council);"; and

(b)

immediately after point 8 thereof there shall be

inserted the following new point:"9.With effect from 20 May

2023, a device to connect to the electronic vehicle interface,

such as an OBD scan tool.".

20. The Eighth Schedule to the principal regulations, there Substitutes the

Eight Schedule

shall be substituted by the following

to the Principal

regulations.

"EIGHTH SCHEDULE

(Regulations 18A, 18B, 18E, 19 and 48)

Fees* and Frequency of Tests

Full Fee

Frequency

Category of vehicle

€

of Tests

Category I

Motor vehicles used for the carriage of passengers and

with more than eight seats excluding the driver’s seat

(M2 and M3 vehicles)

26.32

B

Vehicles with a maximum permissible mass not

exceeding 3.5 tonnes Vehicles with a maximum

permissible mass exceeding 3.5 tonnes

31.10

B

Category II

Motor vehicles used for the carriage of goods and having a

maximum permissible mass exceeding 3.5 tonnes (N2 and

N3 vehicles)

31.10

B

Category III

Trailers and semi-trailers

- with a maximum permissible mass not

exceeding 3.5 tonnes (O1 and O2 vehicles)

26.32

C

- with a maximum permissible mass exceeding 3.

5 tonnes (O3 and O4 vehicles)

31.10

B

Category IV

Taxis

20.27

B

Chauffeur driven vehicles

20.27

B

M1vehicles licensed for hire or leasing

20.27

D/E

Ambulances

20.27

B

Caravans

20.27

B

Category V

Motor vehicles having at least four wheels, normally used

for the road carriage of goods and with a maximum

permissible mass not exceeding 3.5 tonnes (N1 vehicles)

26.32

B

Category VI

Motor vehicles having at least four wheels, used for the

carriage of passengers and with no more than eight seats

excluding the driver’s seat, including Hearses (M1

vehicles)

20.27

D/E

Category VII**

Mopeds, Motorcycles, Motor Tricycles, Quadracycles

and Quad Bikes (L3e, L4e, L5e and L7e vehicles with an

engine displacement of more than 125cm³)

14.33

A

Category VIII***

Wheeled tractors, the use of which mainly takes place on

public roads with a maximum design speed exceeding 40

km/h (T5 vehicles)

31.10

D

Imported used vehicles

1. Without prejudice to Regulation 18B, a used vehicle

brought into Malta from another Member State shall

be deemed to be covered by a valid roadworthiness

certificate in accordance with these regulations if

that vehicle is already covered by a roadworthiness

certificate issued by that Member State that is still

valid in terms of the frequency intervals established

in Annex 1 of Directive 2009/40/EC and, with effect

from 20 May 2018, those established in article 5 of

Directive 2014/45/EU. The Authority may however;

for justified reasons require any such vehicle to be As above

submitted for a roadworthiness test prior to its according to

registration in Malta.

category

2. A used vehicle imported from a third country shall

undergo a roadworthiness test in accordance with

these regulations prior to registration in Malta

irrespective whether or not that vehicle is already As above

covered by a valid roadworthiness certificate issued according to

by that country or by any other Member State.

category

Change of holder of the registration certificate of a

vehicle

1. Without prejudice to regulation 18B, a vehicle

which is covered by a valid roadworthiness

certificate in accordance with these regulations,

shall not be required to undergo another

roadworthiness test in the event that the holder of

the registration certificate of that vehicle changes.

The Authority may however; for justified reasons

require any such vehicle to be submitted for a As above

roadworthiness test prior to changing the holder of according to

the registration certificate of such vehicle.

category

*

Fees inclusive of VAT

**

Subject to test with effect from such a date as the Minister responsible for

transport may by notice in the Gazette establish

***

Subject to test with effect from 20 May 2018

Frequency of test

A.

Such frequency as the Minister responsible for

transport may by notice in the Gazette establish

B.

One year from date of first registration and annually

thereafter

C.

Two years from date of first registration and

biennially thereafter

D.

Four years from date of first registration and

biennially thereafter

E.

One year from reaching a distance driven of more

than 160,000km in a roadworthiness test and

annually thereafter".

22. The Ninth Schedule to the principal regulations shall be

amended as follows

(a)

Category VII and the corresponding administrative

charge thereof shall be substituted by the following

"Category VII

Mopeds, Motorcycles, Motor Tricycles, Quadracycles and

Quad Bikes

(L3e, L4e, L5e and L7e vehicles with an engine

displacement of more than 125cm³)

0.70"; and

(b)

immediately after Category VII thereof there shall

be inserted the following new category and corresponding

administrative charge

"Category VIII

Wheeled tractors with a maximum design speed

exceeding 40km/h, the use of which mainly takes place on

public roads (T5 vehicles)

0.70".

23. The Twelfth Schedule to the principal regulations there

shall be substituted by the following

"TWELFTH SCHEDULE

(Regulation 21)

Penalty Points System used to determine the number of penalty points

to be endorsed for breaches committed by an operator or by a tester

Offence

Points

Operator

Tester

Operating without an assistant tester

No MOT inspection manual in test lane

VRT station not clean or unsafe for the tester and the

public

Testing with faulty or without VRT equipment, or

with an expired calibration certificate

Conducting and providing services other than a

service which forms part of a VRT test within the

designated area approved by the Authority for

Transport in Malta during operating hours

Test carried out by unregistered tester

1,000

Conviction of a serious offence not necessarily

connected with vehicle mandatory testing but which

could affect the proper conduct of testing

1,000

Additional penalty points to operators who have five

offences totaling at least 250 points within a period of

thirty six months

1,000

Not carrying out all preliminary checks

Not updating the online system within stipulated

times and/or not adhering to other administrative

procedures

Not checking chassis number (or VIN) properly

Failure to carry out the correct test procedures as

stipulated in the Directive or VRT manual and its

amendments or to input correct vehicle data as

stipulated in the VRT manual prior to carrying out an

official test on that particular vehicle

Overlooking a fault in, or failing to test for, position

lights

Overlooking a fault in, or failing to test for, signaling

lights

Overlooking a fault in, or failing to test for, driving

lights

Overlooking a fault in, or failing to test for, tell-tale

lights

Overlooking a fault in, or failing to test for, service

brakes

Overlooking a fault in, or failing to test for, parking

brakes

Overlooking a fault in, or failing to test for, steering

other than torn bellows

Overlooking a fault in, or failing to test for, tyres

Overlooking a fault in, or failing to test for,

suspension

Overlooking a fault in, or failing to test for,

windscreen

Overlooking a fault in, or failing to test for, exhaust

system

Overlooking a fault in, or failing to test for, noise

Overlooking a fault in, or failing to test for, emission

from spark ignition engines

Overlooking a fault in, or failing to test for,

compression ignition engine exhaust smoke

Overlooking a missing or tampered with diesel pump

seal

Overlooking a fault in, or failing to test for, wipers

Overlooking a half shaft torn bellows

Conviction of a serious offence not necessarily

connected with vehicle mandatory testing but which

could affect the proper conduct of testing

1,000

Additional penalty points to operators who have five

offences totaling at least 250 points within a period of

thirty six months

1,000

Not carrying out all preliminary checks

Not updating the online system within stipulated

times and/or not adhering to other administrative

procedures

Not checking chassis number (or VIN) properly

Failure to carry out the correct test procedures as

stipulated in the Directive or VRT manual and its

amendments or to input correct vehicle data as

stipulated in the VRT manual prior to carrying out an

official test on that particular vehicle

Overlooking a fault in, or failing to test for, position

lights

Overlooking a fault in, or failing to test for, signaling

lights

Overlooking a fault in, or failing to test for, driving

lights

Overlooking a fault in, or failing to test for, tell-tale

lights

Overlooking a fault in, or failing to test for, service

brakes

Overlooking a fault in, or failing to test for, parking

brakes

Overlooking a fault in, or failing to test for, steering

other than torn bellows

Overlooking a fault in, or failing to test for, tyres

Overlooking a fault in, or failing to test for,

suspension

Overlooking a fault in, or failing to test for,

windscreen

Overlooking a fault in, or failing to test for, exhaust

system

Overlooking a fault in, or failing to test for, noise

Overlooking a fault in, or failing to test for, emission

from spark ignition engines

Overlooking a fault in, or failing to test for,

compression ignition engine exhaust smoke

Overlooking a missing or tampered with diesel pump

seal

Overlooking a fault in, or failing to test for, wipers

Overlooking a half shaft torn bellows

Overlooking a steering torn bellows

Overlooking tinted glass

Overlooking a fault in, or failing to test for, seatbelts

Overlooking lack of pedal rubber pads

Overlooking a fault in, or failing to test for, seat

structure

Overlooking, or failing to test for, body rust

Overlooking a fault in, or failing to test for,

windscreen washers

Overlooking a fault in, or failing to test for, wheel

bearings

Overlooking a fault in, or failing to test for, wheel

studs

Overlooking a fault in, or failing to test for, rear view

mirrors

Overlooking lack of fire extinguisher

Overlooking lack of glass breaking hammer

Overlooking lack of spray suppression system

Overlooking a fault in, or failing to test for, braking

system warning device

Overlooking a fault in, or failing to test for, fuel

system

Overlooking a fault on, or failing to test for, couplings

devices

Overlooking a fault in, or failing to test for, door locks

Overlooking a missing First Aid Kit (Public Transport

Vehicle only)

Overlooking a fault on, or failing to test for, securities

of batteries

Photo procedure not followed

Four repeat offences of the same type by the same

tester

Conducting a test on a vehicle the class of which the

tester is not qualified to test

Preconditioning a vehicle owner to effect repairs or

adjustments as indicated in the test result at the same

premises

Carrying out a roadworthiness test on a motor vehicle

on which the tester has, immediately prior the test,

carried out repairs to testable items

Failing to note a malfunctioning or tampered

odometer (if available)

Failing to note or overlooking discrepancies in

odometer readings

Overlooking a fault in, or failing to test Airbag

warning Light

Overlooking a fault in, or failing to test ESC

(electronic stability control) warning light

Overlooking a fault in, or failing to test EPB

(electronic parking brake) warning lights

Overlooking a fault in, or failing to test power

steering warning lights

Overlooking a fault in, or failing to test engine check

warning lights

Overlooking a fault in, or failing to test door handles

Overlooking a fault in, or failing to test vehicle’s

windows other than windscreen

Overlooking a fault in, or failing to test number plate

lights

Overlooking a deficiency in vehicle registration plate

Overlooking, or failing to check for, corrosion on

vehicle stress points

Overlooking a fault in, or failing to test the audible

warning system

Overlooking a fault in, or failing to test excessive oil

leak in dumpers

Overlooking a fault in, or failing to test CV joints

Failing to check vehicle registration document data

with actual vehicle data

Failure to give notice to the Authority of any change

in the names of persons authorised to personally carry

out or supervise tests at the station

Failure to put up and keep exhibited at the station the

details specified in regulation 10(1)(c)

Failure to make the station and equipment available to

officials of the Authority for the purpose of carrying

out any test which they may require

Failure to inform the Commissioner of Police that a

vehicle brought in for a test is a stolen vehicle or was

used in the commitment of a criminal offence

Failure to give prior notice to the Authority in the

circumstances envisaged in regulation 10(1)(f)

Failure to provide Authority with copy of manuals

provided for testing equipment when so required to do

Failure to provide for the safe-keeping of all

documents, forms and stamps in his possession

Charging of fee in excess of the prescribed amount

Failure to remove from station a person with regard to

whom Authority has objected in terms of regulation

10(2)

Failure to inform Authority within 7 days of

termination of employment of tester

Failure to inform Authority within 7 days of any

reason for which authorization should cease to have

effect in terms of regulation 11

Carrying out tests during period of temporary closure

of station or suspension of authorization

Failure to make station available for a re-test ordered

by the officials of the Authority

Failure to have in place adequate insurance coverage

as required by regulation 17

Requiring indemnity from clients for any damages

which may be occasioned in the station in violation of

regulation 17(2)

Failure to inform Authority of a break-down in the

online retrieval system

Assignment of authorization to third party without

Authority’s approval

Destruction of official documents or forms

1,000

Failure to keep records as required in regulation 26(1)

Failure to send records and/or copies of test results to

the Authority

Failure to issue duplicate test result when so requested

Refusal to test vehicle within the class of his

authorization except in the cases specified in

paragraphs (i) to (v) of regulation 10(1)(o)

Failure to abide by lawful instructions of Authority’s

officials

Issued a pass result either without conducting a

complete test or where a fail result should have been

issued

1,000

1,000

Making improper use of VRT certificate blanks

1,000

1,000

Back-dating of VRT certificate

1,000

1,000

Falsification of data recorded during testing of a

vehicle

1,000

1,000

Carrying out test on vehicle for which the vehicle

registration certificate is not produced

Carrying out test on vehicle the details of which do

not tally with the details shown on its vehicle

registration certificate

150".

24. The title of the Thirteenth Schedule to the principal Substitutes the

title of the

regulations there shall be substituted by the following

Thirteenth

Schedule to the

principal

regulations.

B

" THIRTEENTH SCHEDULE

(Regulation 18C) " .

25. Immediately after the Thirteenth Schedule to the principal

Adds new

Fourteenth

regulations there shall be inserted the following new Schedule

Schedule to the

principal

regulations.

"FOURTEENTH SCHEDULE

(Regulations 39 and 47)

Administrative penalties to be levied on undertakings for breaches found

during technical roadside inspections

Third and any

Second

First Breach

other subsequent

Description of Breach

Breach

Breach

€

€

€

Roadworthiness certificate

and/or most recent technical

roadside inspection report not

kept on board the vehicle

Vehicle found to have major

deficiencies

Vehicle found to have

dangerous deficiencies

1,200

".

€2.79