Regulations, 2017

L.N. 125 of 2017

MOTOR VEHICLES REGISTRATION AND LICENSING ACT

(CAP. 368)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Registration and Licensing of Motor Vehicles (Amendment)

Regulations, 2017

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

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

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

Infrastructure, after consultation with the Authority for Transport in

Malta, made the following regulations:-

The title of these regulations is the Registration and

Licensing of Motor Vehicles (Amendment) Regulations, 2017 and

these regulations shall be read and construed as one with the

Registration and Licensing of Motor Vehicles Regulations,

hereinafter referred to as "the principal regulations".

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

provisions of Directive 2014/46/EU of the European Parliament and

of the Council of 3 April 2014 amending Council Directive 1999/37/

EC on the registration documents for vehicles.

Regulation 2 of the principal regulations shall be amended

as follows

(a)

immediately after the definition "Directive 80/1268/

EEC" there shall be inserted the following new definition

" "Directive 95/46/EC" means Directive 95/46/EC

of the European Parliament and of the Council of 24

October 1995 on the protection of individuals with regard

to the processing of personal data and on the free

movement of such data;";

(b) immediately after the definition "Directive 2002/24/

EC" there shall be inserted the following new definition

" "Directive 2002/58/EC" means Directive 2002/

58/EC of the European Parliament and of the Council of 12

July 2002 concerning the processing of personal data and

the protection of privacy in the electronic communications

sector;";

(c)

immediately after the definition "Directive 2007/46/

EC" there shall be inserted the following new definition

" "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;" and

(d) for the definition "register" there shall be substituted

the following

" "register" means the record kept electronically

by the Authority of data on all the motor vehicles

registered and licensed by it;".

Regulation 12 of the principal regulations shall be Substitutes

regulation 12 of

substituted by the following

the principal

regulations.

(1) The Authority shall set up and maintain

a register in which it shall record electronically data on

all vehicles registered and licensed in accordance with

these regulations.

(2) That data shall include the following

(a)

all mandatory elements in accordance

with point II.5 of Annex I of Directive 1999/37/EC,

as well as the elements of points II.6(J) and

II.6(V.7) and (V.9) of that Annex, where the data

are available;

(b) other non-mandatory data listed in

Annex I or data from the certificate of conformity

as provided for in Directive 2007/46/EC, where

possible;

(c)

the outcome of periodic roadworthiness

tests in accordance with the Motor Vehicle

(Roadworthiness Test) Regulations and the period

of validity of the roadworthiness certificate;

(d) the validity of the licence issued in

accordance with Part III of these regulations;

(3) The Authority may disclose any particulars

contained in the register available to the Police or local

wardens or judicial authority or any other authority

responsible for vehicle registration or for the

enforcement of motor vehicles regulations in another

Member State for any purpose connected with offences

or contraventions of traffic and motor vehicle

regulations, or to any person who can show to the

satisfaction of the said Authority that he or she has

reasonable cause for wanting the particulars to be made

available to him or her.

(4) The processing of personal data in the context

of these regulations shall be carried out in accordance

with Directives 95/46/EC and 2002/58/EC of the

European Parliament and of the Council.

(5) Technical vehicle data shall be made available

to VRT stations for the purpose of periodic

roadworthiness testing.".

4. Regulation 22 of the principal regulations shall be

amended as follows

(a)

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

renumbered as sub-regulations (5) and (6); and

(b) immediately after sub-regulation (3) thereof there

shall be inserted the following new sub-regulation

(4) Where the licence of a particular

vehicle has been suspended in accordance with

" S.L. 65.15.

regulation 18E(5) of the Motor Vehicle

(Roadworthiness Test) Regulations, that

suspension shall be recorded electronically in

the register and shall be effective until the

vehicle has passed a new roadworthiness test.

On

successful

completion

of

the

roadworthiness test, the Authority shall

without delay remove the suspension and re-

authorise the use of the vehicle on the road.".

5. In regulation 43 of the principal regulations, immediately

after the words "regulation 39." there shall be inserted the words

"Such de-registration shall be recorded in the register.".

€0.27