Transport Enforcement Officers (Amendment) Regulations, 2017

L.N. 333 of 2017

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Transport Enforcement Officers (Amendment) Regulations, 2017

IN EXERCISE of the powers conferred by article 43 of the

Authority for Transport in Malta Act and by article 54 of the Traffic

Regulation Ordinance, the Minister for Transport, Infrastructure and

Capital Projects, after consultation with the Authority for Transport in

Malta, has made the following regulations:-

(1) The title of these regulations is the Transport Citation and

Enforcement Officers (Amendment) Regulations, 2017 and these commencement.

regulations shall be read and construed as one with the Transport

Enforcement Officers Regulations, hereinafter referred to as "the S.L. 499.51.

principal regulations".

(2) These regulations shall come into force on the 1 st

December 2017.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) immediately before the definition "the Authority"

there shall be added the following new definition

" "arterial and distributor roads" means those roads S.L. 499.66.

listed in the Third Schedule of the Use of Animals and

Animal-Drawn Vehicles on the Road Regulations;";

(b) in the definition "Enforcement Officer", the words

"and includes public transport officers" shall be deleted;

(c) in the definition "passenger transport vehicle",

immediately after the word "reward" there shall be added the

words "and for the purpose of these regulations also includes

taxi, motor vehicle for hire and karrozzin"; and

(d) immediately after the definition "public passenger

transport service", there shall be added the following new

definition

" "Public Transport Officer" means any officer

employed by the Authority acting pursuant to a delegation

from the Authority specifically in relation to public

passenger transport services;".

Regulation 3 of the principal regulations shall be amended

as follows

(a) in the marginal note thereof, immediately after the

words "Enforcement Officers" there shall be added the words

"and Public Transport Officers";

(b)

the regulation shall be renumbered as regulation 3(1);

(c) in sub-regulation (1) thereof, as renumbered, for the

words "the Code of Police Laws" there shall be substituted the

words "the Motor Vehicles Registration and Licensing Act, the

Motor Vehicles Insurance (Third Party Risks) Ordinance"; and

(d) immediately after sub-regulation (1) thereof, as

renumbered, there shall be added the following new sub-

regulation

"(2) The Authority may appoint Public

Transport Officers to supervise and enforce

the regulations regarding public passenger

transport services in accordance with the

Passenger Transport Services Regulations

and the contract for the operation of public

passenger transport services awarded by the

Authority in terms of the Authority for

Transport in Malta Act; and to operate any

permanent or portable equipment or device

used in the enforcement of such regulations

and contract and to perform such functions as

the Authority may specify.".

In regulation 4 of the principal regulations and in the

marginal note thereof, immediately after the words "Enforcement

Officers", wherever they occur, there shall be added the words "and

Public Transport Officers".

In regulation 5 of the principal regulations, immediately

after the words "Enforcement Officers", there shall be added the words

"and Public Transport Officers".

In regulation 6 of the principal regulations, immediately Amends

after the words "Enforcement Officers", there shall be added the words regulation

the principal

"and Public Transport Officers".

regulations.

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

the principal

regulations.

(a) in the marginal note thereof, immediately after the

word "details", there shall be added the words "and to issue

tickets"; and

(b) immediately after sub-regulation (2) thereof, there

shall be added the following two new sub-regulations

"(3) Enforcement Officers shall also have the power

(a) order the alighting or carrying of

passengers from or on any passenger transport

vehicle;

(b) demand and obtain information from any

passenger, owner or driver of a passenger transport

vehicle, relating to the identity of such person or to

details of any passenger transport vehicle or

passenger transport service;

(c) order any owner or driver of a passenger

transport vehicle to discontinue any trip where any

Enforcement Officer deems that such a measure is

necessary in the interests of public order or safety;

(d) give such other orders or directives to

drivers of any passenger transport vehicle so as to

ensure that they perform their duties in accordance

with the laws and regulations relating to passenger

transport services;

(e) demand and note the particulars of any

person who commits an offence relating to passenger

transport, or otherwise hinders the proper operation

of the public passenger transport system.

(4) Enforcement Officers shall have the authority to

issue and hand over to the driver of, or affix to the

windscreen of any vehicle which in their opinion was used

in the commission of an offence or contravention against

the regulations listed in the Schedule, a notice containing a

general description of the offence or contravention and the

applicable penalty and any other requirements as the

Authority may prescribe.".

Regulation 9 of the principal regulations shall be amended

(a) the marginal note thereof, shall be substituted by the

following

"Power to clamp

and

remove

vehicles

and

encumbering objects.";

(b)

sub-regulation (1) thereof shall be amended as

(i) immediately after paragraph (c) thereof, there

shall be added the following new paragraphs

"(d) is parked or left unattended in an area

specifically indicated as a clamping or towing zone,

(e) does not have a valid circulation licence

issued by the Authority affixed to its windscreen,

(f) has 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,

(g) being a vehicle hired or leased from a

vehicle hire undertaking licensed in another Member

State which has been brought into Malta, is not in

conformity with the provisions of the Registration

and Licensing of Motor Vehicles Regulations,

(h) being a motor vehicle bearing foreign

registration plates, is not properly licensed for use on

the roads in Malta,

(i) is not in conformity with all relevant rules

and regulations in order for such vehicle to be used

on the roads in Malta,

(j) is on the road in breach of the Motor

Vehicles Registration and Licensing Act and any

regulations made thereunder,";

(ii) the words "issue a prohibition notice to prohibit

the further use of the vehicle until the fault has been

rectified and compliance with the regulations is achieved."

shall be substituted by the words "clamp or remove the said

vehicle and to take all necessary actions in terms of the

Clamping and Removal of Motor Vehicles and S.L. 65.13.

Encumbering Objects Regulations:" and immediately

thereafter, there shall be added the following new proviso

"Provided that for vehicles falling under

paragraphs (a), (b) and (c) above, Enforcement

Officers shall also have the power to issue a

prohibition notice to prohibit the further use of the

vehicle until the fault has been rectified and

compliance with the regulations is achieved. "; and

(c) immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

"(3) Enforcement Officers shall also have the power

(a) remove any encumbering object or

vehicle which is in a place or space which is not

lawfully permitted to be used for such purpose, or

which is obstructing the free course of traffic or

which is in a place or space specifically indicated as a

towing zone;

(b) remove any encumbering object or

vehicle which is causing any nuisance, inconvenience

or obstruction in a bus terminus or on a bus stage or

in a bus bay or in a bus lay-by or in an emergency

lane or in a space reserved for the charging of electric

vehicles or in a solar car port or on any stand reserved

for passenger transport vehicles or in any other sites

which, in terms of law, cannot be used for the parking

of vehicles or the placing of any encumbering

objects. ".

Regulation 11 of the principal regulations shall be Substitutes

regulation 11 of

the principal

regulations.

B

substituted by the following

" Powers and

Public Transport Officers shall

duties of

have the authority to

Public

(a) carry out inspections on any

Transport

Officers.

motor route bus and report back to the

Authority any encountered breaches of

the regulations listed in Part 2 of the

Schedule and of the contract for the

operation of public passenger transport

services awarded by the Authority in

terms of the Authority for Transport in

Malta Act;

(b) order a driver of a motor

route bus to stop working if in his

opinion, the driver is not properly

dressed;

(c) hand over to the driver of,

or affix to the windscreen of a motor

route bus which in their opinion was

used in the commission of an offence

or contravention against the regulations

listed in Part 2 of the Schedule or the

contract for the operation of public

passenger transport services awarded

by the Authority in terms of the

Authority for Transport in Malta Act

or, where such offence or contravention

has been committed by an officer or

employee of the bus operator, hand

over to such officer or employee, a

notice containing a general description

of the offence or contravention and the

applicable penalty and any other

requirements as the Authority may

prescribe;

(d) order any driver of a motor

route bus to discontinue any scheduled

trip where they deem that such a

measure is necessary in the interests of

public order or safety;

(e) give such other orders or

directives to drivers of any motor route

bus so as to ensure that they perform

their duties in accordance with the laws

and regulations relating to public

passenger transport service;

(f) demand and note the

particulars of any person who commits

an offence or contravention relating to

public

passenger

transport,

or

otherwise hinders the proper operation

of the public passenger transport

system;

(g) demand and obtain from

any passenger using the public

passenger transport service proof that

he has paid the applicable fare for that

public passenger transport service;

(h) demand and obtain from

any passenger using the public

passenger transport service payment of

the fare and penalty fare, where due, or

proof of such payment in the event that

this has already been effected, to the

driver or the motor route bus inspector;

(i) demand and obtain from

any passenger who refuses to pay the

appropriate fare and/or the penalty fare

information relating to his details for

the purposes of taking legal action

against that passenger in terms of the

Passenger

Transport

Services

Regulations;

(j) carry out any inspections at

workstations in order to ensure

compliance

with

contractual

requirements

Provided that Enforcement

Officers shall also be vested with the

powers granted to Public Transport

Officers in this regulation.".

10. Regulation 12 of the principal regulations shall be Substitutes

regulation 12 of

the principal

regulations.

substituted by the following

" Regulations

Enforcement Officers shall have the

that can be

power to enforce the regulations listed in Part 1 of

enforced by

the Schedule in arterial and distributor roads and

Enforcement

Officers and

Public Transport Public Transport Officers shall have the power to

Officers.

enforce the regulations listed in Part 2 of the

Schedule

Provided that Enforcement Officers shall

also have the power to enforce the regulations

listed in Part 2 of the Schedule.".

11. In regulation 13 of the principal regulations, immediately

after the words "Enforcement Officer", wherever they occur, there

shall be added the words "or Public Transport Officer".

12. The Schedule to the principal regulations shall be

substituted by the following

"SCHEDULE

(Regulation 12)

Part 1

Regulations which can be enforced by Enforcement Officers

(a)

Traffic Regulation Ordinance (Cap. 65): article 15 (driving

motor vehicle without licence), article 15J (driving through

or emerging a red light), article 16 (letting without a

licence of motor vehicles), article 16 A (proper use of

taximeter), article 17 (licence to let vehicle on hire), article

20 (vehicle without plates to be deemed unlicensed), article

22 (keeping of vehicle in good state of repair, etc), article

23 (vehicles for conveyance of persons not to be used for

conveyance of corpses), article 24 (vehicles for

conveyance of corpses), article 27 (number of vehicle to be

kept always visible to public), article 30 (driver of vehicle

to be licensed), article 34 (wearing of identification tag by

public passenger vehicles’ drivers), article 35 (driver to

carry licence), article 36 (owner or driver may not refuse to

hire vehicle except on reasonable grounds), article 37 (fare

leviable for hire of taxi-cars), article 39 (owner or driver

not to carry person or thing on or behind vehicle without

consent of hirer), article 40 (no person to act as driver of

vehicle without consent of owner), article 45 (no licensed

vehicle to stand for hire unless provided with proper

fittings), article 48 (passengers not to drive vehicle), article

49 (lights to be carried by vehicles), article 59 (driving

while under disqualification), article 61 (offence of driving

away without consent), First Schedule and Second

Schedule.

(b)

Traffic Signs and Carriageway Markings Regulations (S.L.

65.05): regulation 2 (traffic signs and carriageway

markings) and the Schedule.

(c)

Motor Tractor Regulations (S.L. 65.08): regulation 3

(motor tractors and trailers to be registered and licensed),

regulation 6 (maximum overall length and gross overall

weight), regulation 7 (route to be followed by tractor),

regulation 11 (driver to be licensed); regulation 12

(authorised parking place and storage depot), regulation 13

(loading and unloading from trailer), regulation 14

(parking or storage in authorised places) and regulation 15

(leaving parking place or storage depot).

(d)

Motor Vehicles Regulations (S.L.65.11): regulation 61

(entry of heavy vehicles into Valletta), regulation 62

(licence to keep a garage), regulation 65 (licence to act a as

car park attendant), regulation 67 (duty to stop in case of

accident), regulation 68 (control of motor vehicle),

regulation 69 (overloading of vehicles), regulation 70

(carriage of things which may cause damage), regulation

71 (corners), regulation 72 (entering or leaving garage),

regulation 74 (leaving a motor vehicle on the road),

regulation 75 (driving on left side), regulation 77

(obstructions), regulation 78 (reserved parking area),

regulation 79 (parking prohibition), regulation 80 (parking

of motor cycles), regulation 81 (reversing), regulation 82

(right of way), regulation 83(2) (vehicles on priority duty),

regulation 84 (drivers to give way to priority duty

vehicles), regulation 85 (signal before stopping), regulation

86 (stopping at request), regulation 87 (tow rope),

regulation 88 (white lines in the vicinity of bus stop or fare

stage sign), regulation 90(4) (priority lanes), regulation 91

(alterations to vehicles), regulation 92 (brakes), regulation

93 (defective vehicles), regulation 94 (fire extinguishers on

motor vehicles), regulation 95 (fittings), regulation 96

(horns), regulation 97 (obligatory lights), regulation 99

(rear identification plates to be lit), regulation 100

(headlamps), regulation 102 (motorcycle headlamps),

regulation 103 (prescribed lights), regulation 105 (noise),

regulation 106 (silencer), regulation 107 (exhaust pipes not

to emit pollutants), regulation 108 (speedometer),

regulation 109 (steering), regulation 110 (tyres), regulation

110A (windscreens and other windows), regulation 114

(flap attached to rear wheels), regulation 115 (use of

mobile phones and other devices), regulation 116

(electronic sounds), regulation 116A (retrofitting of

mirrors to goods vehicle), regulation 117 (dangerous

behaviour), regulation 118 (flags), regulation 123 (pillion

riding and wearing of helmets), regulation 125 (vehicular

traffic light signals), regulation 126 (responsibility of

owner), regulation 127 (speed limits), regulation 130

(safety of motor vehicles for hire), regulation 130A

(wearing of tag and uniform) and regulation 134 (general

provisions for motor vehicles for hire).

(e)

Motor Vehicles (Wearing of Seat Belts) Regulations (S.L.

65.12): regulation 3 (wearing of seat belts by drivers),

regulation 4 (wearing of seat belts in the front and rear

seats), regulation 5 (priority of seat occupation), regulation

6 (restraint of young children), regulation 7 (restraint of

children), regulation 8 (priority of seat occupation for

children), regulation 9 (prohibition of removal of seat

belts) and regulation 11 (information to passengers).

(f)

Clamping and Removal of Motor Vehicles and

Encumbering Objects Regulations (S.L. 65.13): regulations

3, 4 and 7 (removal of motor vehicles and fixing of clamps

to motor vehicles).

(g)

Motor Vehicles (Roadworthiness Tests) Regulations

(S.L.65.15): regulation 10 (compliance with conditions for

operators), regulation 14 (compliance with conditions for

licensed testers), and regulation 25 (major offences),

regulation 26 (keeping and return of records), regulation 28

(inspection of premises, apparatus and records) and Part

VIII (Roadside Technical Inspection of Certain Vehicles).

(h)

Motor

Vehicles (Driving

Licences)

Regulations

(S.L.65.18): regulation 3 (possession of a valid driving

licence), regulation 52 (recognition of disqualifications

imposed by Member States), regulation 56 (dual control

system and learner plates), regulation 57 (use of motor

vehicles for instruction purposes), regulation 58

(authorisation of motoring school), regulation 69

(identification tag), regulation 77 (production of licences)

and regulation 78 (immediate delivery of cancelled

licence).

(i)

Motor Vehicles (Carriage of Goods by Road) Regulations

(S.L.65.19): regulation 5 (possession of an operator’s

licence), regulations 27 to 31 (driving and rest periods of

drivers) and regulation 38 (Community licence),

regulations 61 to 63 (conditions of cabotage), regulation 67

(vehicle safety), regulations 68 and 69 (loads), regulations

71 to 77 (goods vehicles), regulation 82 (presentation of

authorisation), regulation 84 (inspections at quayside or

roadside) and regulation 86 (inspections at premises).

(j)

Motor Vehicles (Weights, Dimensions and Equipment)

Regulations (S.L.65.21): First Schedule (general maximum

weights and dimensions), regulation 8 (goods vehicles and

trailers), regulation 9 (conformity with First Schedule

requirements), regulation 11 (passenger transport vehicle

and trailer), regulation 12 (conformity with specifications),

regulation 14 (proof of compliance), regulation 15

(prohibitive road signs to prevail), regulation 16

(applicability), regulations 18 to 24 (installation and use of

speed limitation devices), regulation 29 (installation and

use of recording equipment), regulations 30, 35, 36, 40 and

44 (tachograph) and regulation 47 (duty to ensure correct

functions).

(k)

Motor Vehicles (Carriage of Dangerous Goods by Road)

Regulations (S.L.65.22): regulation 3 (limitation and

prohibition of transport of dangerous goods), regulation 10

(checks and enforcement action), regulation 13

(immobilization of defaulting vehicles), regulation 22

(packaging),

regulations

to

(vehicles’

roadworthiness), regulation 31 (driver certification), Part

VII (use of tanks, tank containers, multiple-element gas

containers, demountable tanks and transport pressure

equipment) and Second Schedule (infringements).

(l)

Low-Powered Vehicles and Pedal Cycles Regulations (S.L.

65.26): regulation 3 (motor fitted to a pedal cycle),

regulation 4 (power assisted pedal cycle to be registered),

regulation 4A (third party risks insurance), regulation 5

(age of driver of power assisted pedal cycles), regulation 6

(requirements applicable to power assisted pedal cycles),

regulation 7 (bell or horn required), regulation 8

(inspection), regulation 9 (lighting equipment and riding at

night), regulation 10 (helmet required for power assisted

pedal cycles), regulation 11 (restrictions on riding in public

areas), regulation 12 (observance of traffic regulations),

regulation 13 (restrictions of carriage of persons),

regulation 14 (holding on to other vehicles); regulation 15

(restrictions on cycle racing on roads), regulation 17

(vehicle to be registered and/or licensed), regulation 18

(driving licence required), regulation 19 (plates required),

regulation 20 (vehicle to be insured), regulation 21 (helmet

to be worn), regulation 22 (not to be used on footpaths),

regulation 23 (holding on to other vehicles), regulation 24

(restrictions of carriage of persons), regulation 25 (vehicle

to be registered), regulation 26 (motorised scooters not to

be used on roads), regulation 28 (registration and usage)

and regulation 30 (dangerous or reckless driving).

(m) Vehicle Access Zones (Control) Regulations (S.L.65.31)

regulation 12 (pedestrian areas) and regulation 13

(obscured vehicles registration marks).

(n)

Motor Vehicles Insurance (Third Party Risks) Ordinance

(Cap.104): article 3 (users of motor vehicles to be insured

against third-party risks), article 5 (requirements in respect

of policies regarding certain motor vehicles entering

Malta), article 7A (random checks) and article 21 (refusing

to give name or address or giving false name).

(o)

Motor Vehicles Registration and Licensing Act (Cap. 368)

article 2A (motor vehicle without a circulation licence),

article 4 (notice of importation of motor vehicle), article 18

(motor vehicles brought into Malta temporarily) and article

21 (offences against the Act).

(p)

Registration and Licensing of Motor Vehicles Regulations

(S.L. 368.02): regulation 3 (motor vehicles not registered

with the Authority), regulation 5 (imported chassis to be

declared), regulation 6A (temporary licence disc),

regulation 6B (vehicles brought under a contract of lease or

hire), regulation 6C (vehicles registered to be used only on

weekends and public holidays), regulation 8 (production of

vehicle registration certificate on demand), regulation 9

(alterations to vehicles), regulation 13 (circulation licence),

regulations 17 and 18 (vehicle licence disc), regulation 19

(renewal of licence), regulation 21 (validity of licences),

regulation 22 (suspension or withdrawal of vehicle

licence), regulation 23 (suspension of licence of vehicle

used for hire and reward), regulation 24 (vehicle to be used

according to specific licence), regulation 26 (provisional

registration and licensing of motor vehicle) and Part VI

(motor vehicle registration marks and registration plates).

(q)

Placing of Billboards and Advertising on the Road

Regulations (S.L. 499.32): regulation 9 (not permissible).

(r)

Passenger Transport Services Regulations (S.L.499.56)

any breach of any of the provisions of the Passenger

Transport Services Regulations.

(s)

New Roads and Road Works Regulations (S.L.499.57)

regulation 23 (naming of roads), regulation 24 (destruction,

obliteration or defacement of name of road, suburb or

village), regulation 25 (permit required), regulation 28

(conditions), regulation 31 (protection of traffic and

commuters), regulation 36 (prohibition of unauthorised

works), regulation 38 (works causing obstruction or danger

in roads), regulation 39 (fences to be set up during repairs),

regulation 40 (light at night-time to be placed on or near

materials in road), regulation 41 (prohibition to leave

materials or other obstruction in road longer than

necessary), regulation 42 (openings in surface or footway

leading to cellars, etc., to be covered) and regulation 43

(rebuilding of walls fallen on the road).

(t)

Vehicle Hire Services Regulations (S.L.499.58): regulation

3 (authorisation required) and regulation 10 (renewal of

authorisation).

Taxi Services Regulations (S.L. 499.59): any breach of any

(u)

of the provisions of the Taxi Services Regulations.

(v)

Use of Animals and Animal-Drawn Vehicles on the Road

Regulations (S.L.499.66): regulation 3 (licensing of

vehicles and animals), regulation 4 (insurance required),

regulation 6 (driving licence categories), regulation 7

(operator’s

licence

required),

regulation

(responsibility), regulation 13 (inspection of animal-drawn

vehicle), regulation 16 (driver to be in possession of a tag

and shall maintain a clean appearance), regulation 17

(hiring of animal-drawn vehicles and karrozzini),

regulation 18 (fare to be charged and loading of

passengers), regulation 20 (riding of animals under saddle),

regulation 21 (wearing of helmet), regulation 22 (cleaning

of excrement), regulation 23 (use of animals after sunset),

regulation 24 (conditions relating to horse riding schools),

regulation 25 (prohibition from use of certain roads),

regulation 26 (prohibition of racing on roads) and

regulation 27 (conduct of drivers).

Part 2

Regulations which can be enforced by

Public Transport Officers

Passenger Transport Services Regulations (S.L.499.56)

regulation 68C (motor route buses may only be used to

provide public passenger transport services), regulation

68D (applicability of regulations to motor route buses),

regulation 68E (duties of drivers of motor route buses),

regulation 68F (stopping places for motor route buses),

regulation 68G (payment of fare), regulation 68I

(behaviour of motor route bus passenger), regulation 68J

(animals), regulation 68K (surveillance camera), regulation

68L (internal lighting) and regulation 68M (bus stops).".

€1.26