Motor Vehicles (Amendment) Regulations, 2018

L.N.123 of 2018

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Motor Vehicles (Amendment) Regulations, 2018

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, Infrastructure and

Capital Projects, after consultation with the Authority for Transport in

Malta, has made the following regulations:-

The title of these regulations is the Motor Vehicles

(Amendment) Regulations, 2018 and they shall be read and construed

as one with the Motor Vehicles Regulations, hereinafter referred to as

"the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

Immediately after the definition " "trailer" " there shall be

added the following new definition

(d) " "Tribunal" means the

Administrative Review Tribunal

established by article 5 of the

Administrative Justice Act;".

Regulation 62 of the principal regulations shall be amended

as follows

(a) in sub-regulation (3) thereof, immediately after the

word "therein." there shall be added the following new sentence

"The number of vehicles listed in the register may be

varied from time to time upon a request in writing to the

Authority to this effect."; and

(b) in sub-regulation (12) thereof, immediately after the

words "self-drive cars" there shall be added the words ", low-

powered vehicles for hire".

Immediately after regulation 62 of the principal Adds new

regulations 62A,

regulations, there shall be added the following new regulations

62B, 62C, 62D,

62E and 62F to

the principal

62A. (1) An applicant for a public service

regulations.

garage licence shall, before being granted the licence,

satisfy the Authority that he is of good repute and

conduct.

(2) Every applicant for a public service garage

licence not being a natural person must indicate a

designated person.

(3) (a)

where the applicant for a public

service garage licence is a limited liability company,

the requirements of sub-regulation (1) must be

satisfied by all the directors of the company and the

designated person;

(b) where the applicant for a public

service garage licence is a partnership en

commandite or a partnership en nom collectif as

defined in the Companies Act, the requirements

of sub-regulation (1) must be satisfied by all the

partners and the designated person;

(c) where the applicant for a public

service garage licence is a legal person other than

those identified in paragraphs (a) and (b), the

requirements of sub-regulation (1) must be

satisfied by all persons having the legal and, or

judicial representation of such legal person and

the designated person.

(4) Where a designated person, ceases to

continuously and effectively manage the public service

garage, the holder of the public service garage licence

shall within twenty-one days from that occurrence

notify the Authority in writing and the Authority shall

allow a period not exceeding three months within

which the public service garage licence holder shall

either transfer the licence or designate another

designated person, who shall comply with the

provisions of sub-regulation (1).

62B. (1) An application for the grant of a public

service garage licence shall be made to the Authority

and shall be in the form and contain such particulars as

the Authority may require and shall be submitted

together with a certificate issued by the Police detailing

any criminal offences and, or contraventions for which

the applicant and, or the persons mentioned in

regulation 62A may have been sentenced together with

the punishment thereof

Provided that where the applicant and/or the

persons mentioned in regulation 62A are not normally

resident in Malta an extract from their judicial record

or, failing that, an equivalent document issued by a

competent judicial or administrative authority of the

country of origin or the country from which such

persons come shall suffice

Provided further that where the country of

origin or the country from where such persons come

does not issue such document, the said document may

be replaced by a declaration on oath or by a solemn

declaration made by the person concerned in front of a

competent judicial or administrative authority or,

where appropriate, a notary in that person’s country of

origin or the country from where such persons come.

Such authority or notary shall issue a certificate

attesting the authenticity of the declaration on oath or

solemn declaration.

(2) The document prescribed in sub-regulation

(1) shall not be accepted if produced later than three

months after date of issue.

(3) The Authority may require any particulars

given by an applicant in relation to an application

mentioned in sub-regulation (1) to be contained in a

statutory declaration or in a sworn affidavit in such

manner as the Authority shall specify.

(4) An application for the grant of a public

service garage licence shall be accompanied by the fee

stipulated in the Third Schedule.

62C. (1) An application for the issue of a

public service garage licence shall be processed and

decided upon by the Authority.

(2) In the case that the public service garage

licence is granted, the Authority shall provide the

licence holder with a certified true copy of the licence

which is to be kept at all times at the operating centre of

the said public service garage.

(3) The decision of the Authority shall be sent

by registered post to the applicant at the address

specified in the application.

(4) Where the Authority intends to refuse an

application, it shall give the applicant concerned

notice in writing setting out the reasons for its

intention to do so. Every notice of refusal shall state

that the applicant has a right to make representations in

writing, within ten days, to the Authority giving

reasons why the application should not be refused and

the Authority shall consider any representations so

made before arriving at a final decision. The Authority

shall notify in writing its final decision to the applicant

concerned.

(5) When an application is refused by the

Authority, the applicant may appeal to the Tribunal

against such decision within a period of thirty days

from its notification.

62D. (1) A person shall not be deemed to

satisfy the condition of good repute and conduct

(a) if he has been found guilty of

committing any crime contemplated in -

(i) Title I of Part II of Book First of

the Criminal Code or articles 198, 199, 203,

203A, 204, 204A, 204B, 204C, 205, 211,

212, 217 (in the event that the arms proper

used for the commission of the offence is a

fire-arm), 220, 238(a), 248B, 248C, 248D of

the Criminal Code;

(ii) articles 2, 3, 5, 7, 8, 9 and 10 of

the White Slave Traffic (Suppression)

Ordinance;

(iii) articles 4, 5, 6(a), 7, 8(b)(c), 15,

15A, 16, 18 and 22 of the Dangerous Drugs

Ordinance; and

(iv) articles 37, 38, 44, 50 and 61 of

the Malta Armed Forces Act;

(b) for such period of time during which

he is serving a sentence of imprisonment of at

least one month;

(c) for such period of time immediately

following time spent serving a sentence of

imprisonment for a term or terms of at least one

month imposed on such person for a crime or

crimes connected with violence committed on a

person, which period shall be

(i) of three months for sentences of

imprisonment for a term of at least six

months and not more than two years;

(ii) equal to one-fourth of the term

of imprisonment for which such person was

sentenced for sentences for terms of

imprisonment of more than two years;

(d) if he has been found guilty of

committing any corresponding offence under any

law of a country or territory outside Malta

Provided that where the applicant was

less than eighteen years of age at the time of the

commission of the offence the period referred to

in paragraph (c) shall not be longer than two

years.

(2) For the purposes of determining whether a

person is of good repute and conduct in terms of sub-

regulation (1), the term"sentence" shall not include

(a) a probation order issued in terms of

article 7 of the Probation Act or the corresponding

articles of the Probation of Offenders Act

(repealed) and which has been complied with by

the probationer or an absolute or conditional

discharge issued under article 22 of the Probation

Act or the corresponding articles of the Probation

of Offenders Act (repealed) which has been

complied with; or

(b) a sentence for the commission of an

offence for which the offender has been pardoned

by the President of Malta in terms of article 93(1)

of the Constitution of Malta; provided that this

paragraph shall only apply from the date on which

the President of Malta has granted such pardon; or

(c) a sentence which is at the moment of

application under appeal.

(3) The holder of a public service garage licence

shall inform the Authority in writing of any conviction

against him or of any person mentioned in regulation

62A of any offence contemplated in paragraph (a) of

sub-regulation 1 within twenty-one days from that

conviction or, when an appeal is entered, within twenty

days from when such appeal is decided.

(4) A person who contravenes sub-regulation

(3) shall be guilty of an offence.

62E. (1) A public service garage licence shall

be revoked where the holder no longer satisfies the

conditions laid down in regulation 62A(1)

Provided that where the licence holder is not

considered to be of good repute and conduct solely

because any of the persons listed in regulation 62A(3)

do not comply with the provisions of regulation 62A(1),

the public service garage licence shall be suspended

until the licence holder substitutes such person with

another person who fulfils the requirements of these

regulations

Provided further that where the licence

holder fails to fulfil the above mentioned requirement

within a period of three months from the date of the

sentence or sentences in terms of which the person is

not considered to be compliant with the requirements of

regulation 62A(1), the licence shall be withdrawn ipso

jure.

(2) A suspension or revocation in terms of this

regulation shall be effected by the Authority of its own

motion or by order of a court of criminal jurisdiction

Provided that where the Authority intends to

suspend or revoke a public service garage licence of its

own motion, it shall give the licence holder concerned

notice in writing setting out the reasons for its intention

to do so. Every notice given shall state that the licence

holder concerned may, within ten days from service

thereof, make representations in writing to the

Authority giving reasons why the public service garage

licence should not be suspended or revoked and the

Authority shall consider any representations so made

before arriving at a final decision. The Authority shall

notify in writing its final decision to the licence holder

concerned. The licence holder concerned shall have the

right to appeal to the Tribunal against the decision of

the Authority to suspend or revoke the public service

garage licence within thirty days from notification of

the Authority’s decision

Provided further that the suspension of the

licence shall have immediate effect not withstanding

any appeal therefrom, unless otherwise ordered by the

Tribunal or by a court of criminal jurisdiction

Provided further that a decision of the

Authority to revoke a public service garage licence

shall not become operative until the expiration of the

period within which an appeal may be made under this

regulation and, if an appeal is made within such period,

the decision shall become operative on the date of the

decision of the Tribunal dismissing the appeal or the

date on which the appeal is abandoned.

62F. In the event of the death or physical or legal

or legal incapacity.

incapacity of the natural person in whose name the

public service garage licence is granted, or of the

designated person, the Authority may permit the

carrying on of the public service garage operation on a

temporary basis for a maximum period of nine

months.".

Regulation 130A of the principal regulations shall be

substituted by the following

130A.(1) No person shall drive a motor vehicle

obtaining a driver’s

for hire unless that person is in possession of a driver’s

tag issued to him by the Authority in terms of this

regulation.

(2) The said tag shall only be issued by the

Authority to that driver who

(a) is in possession of the appropriate

driving licence;

(b) is of good repute and conduct;

(c) attends regularly a course of

instruction approved by the Authority and

successfully undergoes an examination at the end

of the said course.

Immediately after regulation 130A of the principal Adds new

regulations to

regulations, there shall be added the following new regulations

the principal

regulations.

130B.Regulation 62D shall apply for the purpose

of determining whether an applicant for a driver’s tag

is of good repute and conduct.

130C.(1) An application for the granting or

Application for the

granting or renewal

renewal

of a driver’s tag shall be submitted to the

Authority in the form stipulated by the same Authority

and shall contain such particulars as the Authority may

require and shall be submitted together with

(a) a certificate issued by the Police

detailing any criminal offences for which the

applicant may have been sentenced together with

the punishment thereof; and

(b) the relevant application fee as

prescribed in the Third Schedule.

(2) An application for a driver’s tag shall be

processed and decided upon by the Authority.

130D.(1) The decision of the Authority shall be

granting or renewal

sent by registered post to the applicant at the address

specified in the application.

(2) Where the Authority intends to refuse an

application, it shall give the applicant concerned notice

in writing setting out the reasons for its intention to do

so. Every notice of refusal shall state that the applicant

has a right to make representations in writing, within

ten days, to the Authority giving reasons why the

application should not be refused and the Authority

shall consider any representations so made before

arriving at a final decision. The Authority shall notify

in writing its final decision to the applicant concerned.

(3) When an application is refused by the

Authority, the applicant may appeal to the Tribunal

against such decision within thirty days from its

notification.

130E.(1) A driver’s tag granted or renewed in

Validity of driver’s

accordance with regulation 130A shall be valid for a

period of five years from the date on which it is issued

or any other shorter period, specified thereon by the

Authority, unless previously revoked, suspended or

surrendered and shall not be transferable.

(2) The holder of a driver’s tag shall be obliged

to satisfy the requirements of sub-regulation (2) of

regulation 130A throughout the validity period of the

same tag and shall inform the Authority in writing of

any conviction against him of any offence contemplated

in paragraph (a) of sub-regulation (1) of regulation 62D

within twenty-one days from that conviction or, when

an appeal is entered, within twenty days from when

such appeal is decided.

(3) A person who contravenes sub-regulation

(2) shall be guilty of an offence.

130F.The driver of a motor vehicle for hire shall

Driver to wear tag.

while carrying passengers wear the driver’s tag in a

conspicuous place on the chest in a manner that can

easily be seen.

130G.(1) A driver who loses his tag shall

immediately, and without delay, inform the Authority of

such fact, and if the Authority is satisfied that such tag

was lost, the Authority shall issue a replacement tag on

the payment of a fee, if applicable, as prescribed in the

Third Schedule.

(2) In the event that the driver’s tag becomes

discoloured, disfigured or torn, the driver shall

immediately return such tag to the Authority and the

Authority shall issue a replacement tag free of charge

Provided that the holder of the driver’s tag

shall be bound to make payment to the Authority of the

fee prescribed in the Third Schedule for the fourth and

any subsequent replacement of a driver’s tag made

within the tag’s validity period.

(3) A driver shall return the tag immediately to

the Authority upon its revocation or suspension or

expiration, and the Authority shall give due receipt for

the tag so returned.

130H.(1) A driver’s tag may be suspended or

revoked on the following grounds

(a) where the holder has supplied

incorrect information to the Authority; or

(b) where the holder has committed

serious infringements of these regulations.

(2) The Authority shall revoke a driver’s tag

where the holder no longer satisfies the good repute and

conduct requirement.

(3) A suspension or revocation in terms of this

regulation shall be affected by the Authority of its own

motion or by order of a court of criminal jurisdiction

Provided that where the Authority intends to

suspend or revoke a driver’s tag of its own motion, it

shall give the tag holder concerned a notice in writing

setting out the reasons for its intention to do so. Every

notice given shall state that the tag holder concerned

may, within ten days from service thereof, make

representations in writing to the Authority giving

reasons why the tag should not be suspended or revoked

and the Authority shall consider any representations so

made before arriving at a final decision. The Authority

shall notify in writing its final decision to the tag holder

concerned. The tag holder concerned shall have the

right to appeal to the Tribunal against the decision of

the Authority to suspend or revoke the driver’s tag

within thirty days from notification of the Authority’s

decision

Provided further that a decision of the

Authority to suspend or revoke a driver’s tag shall not

become operative until the expiration of the period

within which an appeal may be made under this

regulation and, if an appeal is made within such period,

the decision shall become operative on the date of the

decision of the Tribunal dismissing the appeal or the

date on which the appeal is abandoned.".

Immediately after the Second Schedule, there shall be Adds new Third

Schedule to the

added the following new Schedule

principal

regulations.

B B 1176

"THIRD SCHEDULE

FEES

(Regulations 62B, 130C and 130G)

Part 1

Application fee for public service garage licence

€20

Part 2

Application for the granting and renewal of driver’s

€12

tag

Replacement of lost driver’s tag

€12

€0.99