Motor Vehicles (Driving Licences) (Amendment) Regulations, 2018
Statutory Text (5 Articles)
L.N. 16 of 2018
TRAFFIC REGULATION ORDINANCE
(CAP. 65)
AUTHORITY FOR TRANSPORT IN MALTA ACT
(CAP. 499)
Motor Vehicles (Driving Licences) (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 responsible 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 (Driving
Licences) (Amendment) Regulations, 2018 and these regulations shall
be read and construed as one with the Motor Vehicles (Driving
Licences) Regulations, hereinafter referred to as "the principal
regulations".
Regulation 2 of the principal regulations shall be
renumbered in it’s entirety as regulation 2(1) and immediately
thereafter there shall be added the following new sub-regulation
"(2) These regulations transpose the following
(a) Directive 2002/24/EC of the European
Parliament and of the Council relating to the type approval
of two or three-wheel motor vehicles;
(b) Directive 2006/126/EC of the European
Parliament and the Council on driving licences as amended
by Commission Directive 2009/113/EC of 25 August,
2009;
(c) Commission Directive 2011/94/EU of 28
November, 2011 of 25 August 2009 amending Directive
2006/126/EC of the European Parliament and of the
Council on driving licences;
(d) Commission Directive 2012/36/EU of 19
November, 2012, of 19 November 2012 amending
Directive 2006/126/EC of the European Parliament and of
the Council on driving licences;
(e) Council Directive 2013/22/EU, of 13 May 2013
adapting certain directives in the field of transport policy,
by reason of the accession of the Republic of Croatia;
(f) Commission Directive 2013/47/EU of 2
October, 2013, of 2 October 2013 amending Directive
2006/126/EC of the European Parliament and of the
Council on driving licences;
(g) Commission Directive 2014/85/EU of 1 July,
2014 of 1 July 2014 amending Directive 2006/126/EC of
the European Parliament and of the Council on driving
licences;
(h) Commission Directive (EU) 2015/653 of 24
April, 2015 amending Directive 2006/126/EC of the
European Parliament and of the Council on driving
licences; and
(i) Commission Directive (EU) 2016/1106 of 7
July 2016 amending Directive 2006/126/EC of the
European Parliament and of the Council on driving
licences.".
The Eighth Schedule to the principal regulations shall be Amends the
Eighth Schedule
amended as follows
to the principal
regulations.
(a) item 5 thereof, under the heading ‘Cardiovascular
Diseases’, shall be substituted by the following
"Cardiovascular conditions or diseases can lead to a sudden
impairment of the cerebral functions that constitutes a danger to
road safety. These conditions represent grounds for establishing
temporary or permanent restrictions to driving.
1 For the following cardiovascular conditions, driving
licences may be issued or renewed for applicants or drivers in the
indicated groups, only after the condition has been effectively
treated and subject to competent medical authorisation and if
appropriate, regular medical assessment
(a)
Group 1
(i) brady-arrhythmias (sinus node disease and
conduction
disturbances)
and
tachy-arrhythmias
(supraventricular and ventricular arrhythmias) with history
of syncope or syncopal episodes due to arrhythmic
conditions;
(ii) tachy-arrhythmias
(supraventricular
and
ventricular arrhythmias) with structural heart disease and
sustained ventricular tachycardia (VT);
(iii) symptomatic of angina;
(iv) defibrillator implantation or replacement or
appropriate or inappropriate defibrillator shock;
(v) syncope (a transient loss of consciousness and
postural tone, characterised by rapid onset, short duration,
and spontaneous recovery, due to global cerebral
hypoperfusion, of presumed reflex origin, of unknown
cause, with no evidence of underlying heart disease);
(vi) acute coronary syndrome;
(vii) stable angina if symptoms do not occur with
mild exercise;
(viii) percutaneous coronary intervention (PCI);
(ix) coronary artery bypass graft surgery (CABG);
(x)
stroke/transient ischemic attack (TIA);
(xi) heart failure: New York Heart Association
(NYHA) I, II, III;
(xii) heart transplantation;
(xiii) cardiac assist device;
(xiv) valvular heart surgery;
(xv) malignant hypertension (elevation in systolic
blood pressure ≥ 180 mmHg or diastolic blood pressure ≥
110 mmHg associated with impending or progressive organ
damage);
(xvi) congenital heart disease;
(xvii) hypertrophic
cardiomyopathy
if
without
syncope;
(xviii) long QT syndrome with syncope, Torsade des
Pointes or QTc > 500 ms.
(b)
Group 2
(i) brady-arrhythmias (sinus node disease and
conduction
disturbances)
and
tachy-arrhythmias
(supraventricular and ventricular arrhythmias) with history
of syncope or syncopal episodes due to arrhythmic
conditions;
(ii) brady-arrhythmias: sinus node disease and
conduction
disturbances
with
second
degree
atrioventricular (AV) block Mobitz II, third degree AV
block or alternating bundle branch block;
(iii) tachy-arrhythmias
(supraventricular
and
ventricular arrhythmias) with structural heart disease and
sustained ventricular tachycardia (VT) or polymorphic
nonsustained (VT), sustained ventricular tachycardia or
with an indication for a defibrillator;
(iv)
symptomatic of angina;
(v) permanent
pacemaker
implantation
or
replacement;
(vi) syncope (a transient loss of consciousness and
postural tone, characterised by rapid onset, short duration,
and spontaneous recovery, due to global cerebral
hypoperfusion, of presumed reflex origin, of unknown
cause, with no evidence of underlying heart disease);
(vii) acute coronary syndrome;
(viii) stable angina if symptoms do not occur with
mild exercise;
(ix) percutaneous coronary intervention (PCI);
(x)
coronary artery bypass graft surgery (CABG);
(xi) stroke/transient ischemic attack (TIA);
(xii) significant carotid artery stenosis;
(xiii) maximum aortic diameter exceeding 5.5 cm;
(xiv) heart failure: NYHA I and II provided that the
left ventricular ejection fraction is at least 35%;
(xv) heart transplantation;
(xvi) valvular heart surgery;
(xvii) malignant hypertension (elevation in systolic
blood pressure ≥ 180 mmHg or diastolic blood pressure ≥
110 mmHg associated with impending or progressive organ
damage);
(xviii) grade III blood pressure (diastolic blood
pressure ≥ 110 mmHg and/or systolic blood pressure ≥ 180
mmHg) (applies to group 2 only);
(xix) congenital heart disease.
5.2 For the following cardiovascular conditions, driving
licences shall not be issued or renewed in the indicated groups
(a)
Group 1
(i) peripheral vascular disease — thoracic and
abdominal aortic aneurysm when maximum aortic diameter
is such that it predisposes to a significant risk of sudden
rupture and hence a sudden disabling event;
(ii)
heart failure: NYHA IV;
(iii) valvular heart disease with aortic regurgitation,
aortic stenosis, mitral regurgitation or mitral stenosis if
functional ability is estimated to be NYHA IV or if there
have been syncopal episodes;
(iv) Brugada syndrome with syncope or aborted
sudden cardiac death.
(b)
Group 2
(i)
implant of a defibrillator;
(ii) peripheral vascular disease — thoracic and
abdominal aortic aneurysm when maximum aortic diameter
is such that it predisposes to a significant risk of sudden
rupture and hence a sudden disabling event;
(iii) heart failure: NYHA III and IV;
(iv) cardiac assist devices;
(v) valvular heart disease in NYHA III or IV or
with ejection fraction (EF) below 35%, mitral stenosis and
severe pulmonary hypertension or with severe
echocardiographic aortic stenosis or aortic stenosis causing
syncope; except for completely asymptomatic severe aortic
stenosis if the exercise tolerance test requirements are
fulfilled;
(vi) structural and electrical cardiomyopathies —
hypertrophic cardiomyopathy with history of syncope or
when two or more of the following conditions present: left
ventricle (LV) wall thickness > 3 cm, non-sustained
ventricular tachycardia, a family history of sudden death
(in a first degree relative), no increase of blood pressure
with exercise;
(vii) long QT syndrome with syncope, Torsade des
Pointes and QTc > 500 ms;
(viii) Brugada syndrome with syncope or aborted
sudden cardiac death.
Driving licences may be issued or renewed in
exceptional cases, provided that it is duly justified by
competent medical opinion and subject to regular medical
assessment ensuring that the person is still capable of
driving the vehicle safely taking into account the effects of
the medical condition.
Other cardiomyopathies
5.3 The risk of sudden incapacitating events shall be
evaluated in applicants or drivers with well described
cardiomyopathies (for example arrhythmogenic right ventricular
cardiomyopathy,
non-compaction
cardiomyopathy,
catecholaminergic polymorphic ventricular tachycardia and short
QT syndrome) or with new cardiomyopathies that may be
discovered. A careful specialist evaluation is required. The
prognostic features of the particular cardiomyopathy shall be
considered.
5.4 The Authority shall have the right to restrict the issue
or renewal of driving licences for applicants or drivers with other
cardiovascular diseases."; and
(b) paragraph (ii) of Group 1 of item 6 thereof, under the
heading "Diabetes Mellitus", shall be substituted by the
following
"(ii) An applicant or driver with diabetes treated
with medication which carries a risk of inducing
hypoglycaemia shall demonstrate an understanding of the
risk of hypoglycaemia and adequate control of the
condition. Driving licences shall not be issued to, or
renewed for, applicants or drivers who have inadequate
awareness of hypoglycaemia. Driving licences shall not be
issued to, or renewed for, applicants or drivers who have
recurrent severe hypoglycaemia, unless supported by
competent medical opinion and regular medical
assessment. For recurrent severe hypoglycaemias during
waking hours a licence shall not be issued or renewed until
3 months after the most recent episode. Driving licences
may be issued or renewed in exceptional cases, provided
that it is duly justified by competent medical opinion and
subject to regular medical assessment, ensuring that the
person is still capable of driving the vehicle safely taking
into account the effects of the medical condition.".
€0.63