Micromobility Regulations, 2019

L.N. 352 of 2019

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Micromobility Regulations, 2019

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, made the following regulations

The title of these regulations is the Micromobility

Regulations, 2019.

In these regulations, unless the context otherwise requires -

''Authority'' means the Authority for Transport in Malta

established by the Authority for Transport in Malta Act;

''bypass'' means a main road built to avoid a town or a

village or other congested area;

''cyclepath'' means, for the purpose of these regulations, a

path along a road or pavement which has been reserved and

marked for the exclusive use of bicycles;

''docking station'' means a site designated by the Authority

for the parking of e-kickscooters licensed under the operator’s

licence of an e-kickcooter sharing operator from which such

licensed e-kickscooters may be taken out on rent and to which

such rented e-kickscooters are to be returned at the expiration of

the rental;

''docking station sharing service'' means an e-kickscooter

sharing service whereby the user may, through a mobile app or

otherwise, rent an e-kickscooter licensed under the operator’s

licence of an e-kickcooter sharing operator from a docking

station;

''electric kick scooter'' or ''e-kickscooter'' means a stand-up

device that has a handlebar, a deck and small hard wheels

powered by an electric motor and which also allows for human

propulsion;

''e-kickscooter sharing services'' means a short term rent by

a user of an e-kickscooter provided by an e-kickscooter sharing

operator licensed by the Authority; e-kickscooter sharing

services may be provided either as a free-floating service or as a

docking station sharing service;

''footpath'' means, for the purpose of these regulations, a

path for pedestrians alongside, and a little higher than a road;

''free-floating sharing service'' means an e-kickcooter

sharing service whereby the user may, through a mobile app, rent

an e-kickscooter licensed under the operator’s licence of an e-

kickcooter sharing operator from anywhere on the road;

''hirer'' means a person making use of an e-kickscooter

provided by an e-kickscooter sharing services operator;

"pedestrian zone" means an area

(a) which has been laid out to improve amenities

for pedestrians; and

(b) to which the entry of vehicles is prohibited or

restricted;

''promenade'' means a public area set aside as a pedestrian

walk;

"road" means any road, street, lane, square, or other place

of public thoroughfare, and it includes any bridge over which,

and any tunnel through which, a road passes;

"Tribunal" means the Administrative Review Tribunal

established by article 5 of the Administrative Justice Act;

''tunnel'' means, for the purpose of these regulations, any

roofed road or passage forming part of the road network.

Part I

REGISTRATION, LICENSING AND INSURANCE

(1) Electric kick scooters shall be registered and licensed Registration and

licensing.

with the Authority.

(2)

The Authority shall not register any electric kick scooter

unless

(a) the applicant produces, to the satisfaction of the

Authority, a certificate issued by the manufacturer, or, where

such a certificate cannot be produced, a report signed by a

warranted engineer, stating that the said electric kick scooter has

been manufactured or calibrated in such a manner that it cannot

achieve a speed in excess of 20km/h; and

(b) the electric kick scooter is in conformity with the

requirements established in these regulations.

(3) No person shall ride or drive on a road an e-kickscooter,

whether privately-owned or rented from an e-kickscooter sharing

operator, which is not registered and licensed with the Authority.

(4) Such registration mentioned in sub-regulation (1) shall be

made against the payment of a ten euro (€10) administration fee

payable to the Authority.

(5) A registration number in the form of a plate or sticker, as

the Authority may deem fit according to the circumstances of each

case, shall be affixed in a conspicuous position on the e-kickscooter as

shall be instructed by the Authority.

(6) The annual licence shall be in the form of a hologram

sticker and shall also be affixed in a conspicuous position on the e-

kickscooter as shall be instructed by the Authority.

(7) No annual circulation fee shall be payable for e-

kickscooters.

No electric kick scooter may be used on the road in Malta

unless it is covered by a third-party risks insurance in compliance with

the requirements of the Motor Vehicle Insurance (Third-Party Risks)

Ordinance.

(1) No person shall drive or permit any other person to

drive an e-kickscooter on the road in Malta unless that person –

(a)

has reached the age of sixteen years; and

(b) is in possession of a valid driving licence (Category

A, AM or B) issued in conformity with the Motor Vehicles

(Driving Licences) Regulations.

(2) Every person riding an e-kickscooter on the road shall be

obliged to carry his driving licence and, when so requested, to produce

the same to the Police or any other enforcement officer having the

power in terms of law to request the production of a driving licence.

Part II

USAGE

Any person who rides an e-kickscooter on a road shall Observance of

observe and abide by all traffic regulations, including those regulating traffic

regulations.

pedestrian crossings and traffic lights.

(1) Electric kick scooters may be driven on footpaths, Driving on

promenades, shared footpaths, cyclepaths and pedestrian zones on footpaths etc.

condition that the speed limit established in regulation (9)(b) is

observed.

(2) Persons driving an e-kickscooter on any footpath, shared

footpath, promenade or pedestrian zone shall be obliged to exert the

utmost attention whilst driving and to give precedence to pedestrians

at all times.

(3) Persons driving an e-kickscooter on any cyclepath or

shared cyclepath shall be obliged not to hinder or obstruct the free

flow of cycle traffic.

It shall be an offence for a person to drive an electric kick Prohibited

zones.

scooter

(a) in any part of the arterial or distributor roads which are

included in a list which shall be published by the Authority from

time to time in the Gazette except such parts of such roads forming

part of the Safe Cycle Route Network established by the Authority

from time to time by means of a publication in the Gazette;

(b)

in any tunnel or underpass;

(c) in any other road or public space, as may be

designated by the Authority from time to time and indicated by

appropriate road signage, where the use of e-kickscooters shall

be prohibited.

All persons driving electric kick scooters shall be obliged Speed limits

to observe the following speed limits

(a)

a maximum speed of 20km/h when driving on roads;

(b) a maximum speed of 10km/h when driving on

footpaths, promenades, pedestrian zones and shared footpaths

and cyclepaths.

It shall be an offence for more than one person to ride, or be No carriage of

persons.

carried on, an e-kickscooter.

It shall be an offence for a person on an e-kickscooter to

hold on to any other vehicle which is in motion or hold on to any

person or thing on, in or attached to any such vehicle.

It shall be an offence to tow any cart, trailer or any other

object whilst riding an e-kickscooter.

(1) When riding an e-kickscooter on a road, a person

shall keep to the nearside left of the road as much as possible in the

direction of traffic except on the approach to an intersection or a

roundabout or when overtaking other traffic.

(2) Persons riding e-kickscooters shall travel in a single file,

except when effecting a manoeuvre of overtaking, and not next to each

other.

It shall be an offence for any person to ride an e-

kickscooter freehand.

It shall be an offence to make use of, or to hold in one’s

hands, a mobile phone or any other object whilst riding an e-

kickscooter.

It shall be an offence to make use of headphones, earphones

or any other system or gadget which may hinder or impede hearing

whilst riding an e-kickscooter.

Where an e-kickscooter is not equipped with directional

indicators, the person riding such e-kickscooter shall be obliged to

indicate a change of direction with his hand in a clear and timely

manner in order to give other road users adequate prior notice of his

intention to change direction.

It shall be an offence to drive an e-kickscooter against the

direction of traffic unless there is a road sign and marking which

indicates that driving against the direction of traffic is permitted.

Part III

EQUIPMENT

Electrick kick scooters to be used on the road are required

to be equipped with a head lamp and a tail lamp which are clearly

visible to other road-users and pedestrians.

Any person riding an e-kickscooter on a road between

sunset and sunrise shall be obliged to wear a high visibility vest at all

times.

Part IV

PARKING

Electric kick scooters may be parked on pavements and Parking on

promenades or on footpaths and in pedestrian zones but not in such a pavements etc.

manner as to obstruct the free flow of pedestrian traffic or in such a

manner as to restrict or hinder the use thereof by persons with mobility

impairment or to impede the access to such pavements, promenades or

footpaths.

(1) Wherever available, e-kickscooters are to be parked Parking in

in such parking infrastructures, such as racks, which may be provided designated

parking spaces.

or in such parking spaces which are specifically designated and

marked for such purpose.

(2) In such roads where there are no spaces specifically

designated and marked for such purpose, e-kickscooters may be

parked on the road in a perpendicular position to the pavement but not

in such a manner as to occupy a parking space which is specifically

designated and marked for the parking of other types of vehicles.

(1) Any e-kickscooter parked in any manner which is in Illegal parking

breach of regulations 21 or 22 shall be subject to a fine for illegal of

kickscooters.

parking or obstruction, depending on the circumstances of the case.

(2) Where an e-kickscooter is parked in such a manner as to

impede the free flow of pedestrian or vehicular traffic or in such a

manner as to occupy a parking space which is specifically designated

and marked for the parking of other types of vehicles, such e-

kickscooter may be removed from the road in accordance with the

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

Regulations.

Part V

E-KICKSCOOTER SHARING SERVICES

(1) The Authority may issue a licence for operators to Licence for

operators.

operate e-kickscooter sharing services in Malta.

(2) When considering an application for a licence to operate e-

kickscooter sharing services, the Authority shall promote an open

market policy and will not restrict the issue of such licences and

permits on the basis that there are too many current licences or for any

other reason not stipulated in these regulations.

(3) No person shall carry out e-kickscooter sharing services

unless duly licensed and authorised under these regulations.

(4)

The Authority shall issue an operator’s licence to any

undertaking that proposes to carry out e-kickscooter sharing services

which satisfies the conditions of these regulations and other

requirements which the Authority may establish.

(5) An operator’s licence shall be issued in the name of a

natural person authorised to represent the undertaking.

(6) The application for an operator’s licence shall be submitted

to the Authority on the prescribed form and against payment of an

annual fee of two hundred euro (€200) and payment of an annual

administrative fee of ten euro (€10) for every e-kickscooter which

shall be licensed under the operator’s license.

(7) Once issued, an operator’s licence shall remain valid unless

and until it is revoked, suspended or surrendered, provided that the

operator continues to pay in a timely manner the annual administrative

fee established in sub-regulation (6).

(8) Operator’s which shall provide e-kickscooter docking

station sharing services shall be obliged to observe all instructions

which may be given by the Authority with regard to the placing of

docking stations on the road and to pay any administrative fees which

the Authority may impose from time to time with regard to the

installation and use of such docking stations.

(9) The Authority shall suspend or revoke the licence for the

operation of an e-kickscooter sharing service if the operator commits

any material breach of these regulations which, in the absolute

discretion of the Authority, warrants the suspension or revocation of

the licence of such operator.

(10) 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 an operator’s licence of its own motion, it shall give the

operator concerned notice in writing setting out the reasons for its

intention to do so. Every notice given shall state that the operator

concerned may, within ten days from service thereof, make

representations in writing to the Authority giving reasons why the

operator’s 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 operator concerned. The operator concerned shall have the right

to appeal to the Tribunal against the decision of the Authority to

suspend or revoke the operator’s licence within thirty days from

notification of the Authority’s decision

Provided further that the suspension or revocation of the

licence shall have immediate effect notwithstanding any appeal there

from, unless otherwise ordered by the Tribunal or by a court of

criminal jurisdiction.

(1) No licensed e-kickscooter sharing operator shall use Sharing

or permit the use of any e-kickscooter registered under its operating services.

licence for any purpose other than for e-kickscooter sharing services.

(2) All e-kickscooters used for e-kickscooter sharing services

shall be duly registered, branded, licensed and insured.

(3) E-kickscooter sharing services may be provided by licensed

e-kickscooter sharing operators either as a free-floating sharing service

or as a docking station sharing service.

(4) Licensed e-kickscooter sharing operators shall have the

right to operate e-kickscooter sharing services in Malta under the

following conditions

(a) the operator must have in place and maintain at all

times a web-based application or some other booking form by

virtue of which an e-kickscooter sharing service may be pre-

booked or booked in real time, together with a dedicated website

to which the hirer is automatically directed, which shall contain

the following

(i) a list of the salient regulations, as may be

amended and up-dated from time to time, relative to the

usage of e-kickscooters in Malta which are to be brought to

the attention of the hirer in order to be able to use the same

on the roads in Malta in observance of the law; and

(ii) for those operators providing a docking station

sharing service, an interactive map which shows in real

time all docking stations including such docking stations

having free space where to park the e-kickscooter after use;

(b) only e-kickscooters duly registered, licensed and

insured by the operator for use as e-kickscooter sharing services

may be used for such purpose;

(c) all e-kickscooters are to be geo-fenced in line with

these regulations so that the said e-kickscooters may not be

driven in such roads, road sections and zones where the use

thereof is prohibited by law;

(d) all e-kickscooters must have the required high level

of telematic capability in order to reach the requirement of

programmed regulation with respect to granularized speed limits

in order to ensure the observance of the maximum speed limits

established in regulation 9;

(e) any device which may be fitted on e-kickscooters by

the operator for navigational purposes is so fitted in a way that it

cannot be detached from its mount by the hirer and that such

devices may not be used for communication purposes;

(f) a customer care contact number which shall be

operative on a twenty-four hour service on a daily basis

(including Saturdays, Sundays and public holidays) is to be made

available for use by all hirers as well as the Authority should it

require to communicate with the said operator;

(g) operators shall be obliged to confirm that data from

their platform is shared with the Authority both in raw form as

well as through a user-friendly dashboard; and

(h) operators shall be obliged to comply at all times with

any other conditions which may be established by the Authority

from time to time.

(5) The operator shall charge hirers a single rate which shall

incorporate all and any relative costs and charges comprised in the

provision of the e-kickscooter sharing service, including insurance,

licence and docking charges, if applicable.

Any person aggrieved by any decision of the Authority not

to grant or renew, or to suspend or to revoke an authorisation, or to

impose conditions, limitations or exclusions therein or therefor, shall

have the right to enter within thirty days from the notification of such

decision an appeal before the Tribunal.

Part VI

OFFENCES AND PENALTIES

(1) Any person who contravenes the provisions of

regulation 3(4) shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) of five hundred euro (€500).

(2) Any person who contravenes the provisions of regulation 4

shall be guilty of an offence and shall, on conviction, be liable

(a) in the case of a first offence, to a fine (multa) of not

less than two thousand and three hundred and twenty-nine euro

and thirty-seven cents (€2,329.37) but not exceeding four

thousand and six hundred and fifty-eight euro and seventy-five

cents (€4,658.75) or to imprisonment for a term not exceeding

three months, or to both such fine and imprisonment;

(b) in the case of a second offence, to a fine (multa) of

not less than four thousand and six hundred and fifty-eight euro

and seventy-five cents (€4,658.75) but not exceeding five

thousand and eight hundred and twenty-three euro and forty-

three cents (€5,823.43) or to imprisonment for a term not

exceeding six months, or to both such fine and imprisonment;

(c) in the case of a third or subsequent offence, to a fine

(multa) of not less than five thousand and eight hundred and

twenty-three euro and forty-three cents (€5,823.43) but not

exceeding six thousand and nine hundred and eighty-eight euro

and twelve cents (€6,988.12) or to imprisonment for a term not

exceeding one year, or to both such fine and imprisonment, and

(i) where the offence consists in the use of an e-

kickscooter on a road by a person who is the owner of the

e-kickscooter or by a member of his family or other person

registered under the same address as the owner of the e-

kickscooter, the court shall, in addition to the punishments

laid down in this sub-paragraph, order the forfeiture of the

e-kickscooter;

(ii) where the offence, as aforesaid, is committed by

any other person, the court shall, in addition to the

punishments laid down in this sub-paragraph, impose a

further fine (multa) equivalent to the value of the e-

kickscooter.

(2A) Any person convicted of an offence under this regulation

shall (unless the court for special reasons thinks fit to order otherwise

and without prejudice to the power of the court to order a longer period

of disqualification) be disqualified from holding or obtaining a driving

licence for a period of twelve months from the date of the conviction

Provided that if the execution of the judgment ordering the

conviction is stayed in view of the declared intention of the person

convicted to enter an appeal against such judgment, the period of

disqualification shall commence to run –

(a) if it is confirmed or reduced by the judgment of the

Court of Criminal Appeal, from the date of such judgment;

(b) if an application of appeal is not filed within the time

established by law, from the day next following the day on which

such time expires;

(c) if the appeal is withdrawn by note, from the day when

such note is filed in the court or, if the appeal is otherwise

abandoned after the filing of the application of appeal, from such

day as the Court of Criminal Appeal shall, on application of the

Commissioner of Police or of the Authority for Transport in

Malta, establish.

(2B) The provisions of article 21 of the Criminal Code and of the

Probation Act, shall not apply in respect of any offence against the

provisions of this regulation.

(2C) Notwithstanding any enactment prescribing a time within

which proceedings may be brought before any court, proceedings for

an offence under this sub-regulation may be brought –

(a) within a period of six months from the date of the

commission of the alleged offence; or

(b) within a period which exceeds neither three months

from the date on which it came to the knowledge of the

prosecution that the offence had been committed or one year

from the date of the offence, whichever period is the longer.

(3) Any person who contravenes the provisions of regulation

5(1) shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) not exceeding one thousand and two hundred euro

(€1,200) or to imprisonment not exceeding one year and the court

shall, in addition to the punishment established in this sub-regulation,

disqualify the offender from holding or obtaining a driving licence, in

the case of a first conviction for a period of not less than three months,

and in the case of a second or subsequent conviction, for a period of

not less than one year and the proviso to sub-regulation (2A) shall

apply mutatis mutandis.

(4) Any person who makes use of a registration plate or sticker

on an e-kickscooter other than that allotted by the Authority shall be

guilty of an offence and shall, on conviction, be liable to a fine (multa)

not exceeding one thousand and two hundred euro (€1,200) or to

imprisonment not exceeding six months, or to both such fine and

imprisonment.

(5) Any person who contravenes the provisions of regulation

8(a) or (c) shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) of two hundred euro (€200).

(6) Any person who contravenes the provisions of regulation

8(b) shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) of five hundred euro (€500).

(7) Any person who contravenes the provisions of regulation 9

shall be guilty of an offence and shall, on conviction, be liable -

(a) to a fine (ammenda) of thirty-four euro and ninety-

four cents (€34.94) and the imposition of three penalty points in

terms of regulation 40 and the Sixth Schedule of the Motor S.L. 65.18.

Vehicles (Driving Licences) Regulations if the excessive speed is

up to 5 kilometers per hour over the maximum speed limit

established in regulation 9; and

(b) to a fine (ammenda) of sixty-nine euro and eighty-

eight cents (€69.88) and the imposition of six penalty points in

terms of regulation 40 and the Sixth Schedule of the Motor S.L. 65.18.

Vehicles (Driving Licences) Regulations if the excessive speed is

more than 5 kilometers per hour over the maximum speed limit

established in regulation 9.

(8) Any person who contravenes the provisions of regulations

10, 11, 12, 13 or 14 shall be guilty of an offence and shall, on

conviction, be liable to a fine (ammenda) of not less than fifty euro

(€50) but not exceeding one hundred euro (€100).

(9) Any person who contravenes the provisions of regulations

15, 16, 17, 18 or 19 shall be guilty of an offence and shall, on

conviction, be liable to a fine (ammenda) of one hundred euro (€100).

(10) Any person who contravenes the provisions of regulation

20 shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) of two hundred euro (€200).

(11) Any person who contravenes the provisions of regulation

24(3) shall be guilty of an offence and shall, on conviction, be liable to

a fine (multa) of not less than two thousand euro (€2,000) but not

exceeding ten thousand euro (€10,000).

(12) Any person who contravenes the provisions of regulation

25 shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) of not less than five hundred euro (€500) but not

exceeding two thousand euro (€2,000).

(1) Unless specifically regulated in Part VI, the

commission of any offence in violation of any traffic regulation whilst

using or driving an electric kick scooter shall carry with it the same

penalties and consequences applicable to the commission of the same

offence whilst using or driving a motor vehicle.

(2) The provisions of regulation 40 and the Sixth Schedule of

the Motor Vehicles (Driving Licences) Regulations and of articles 15A

to 15I of the Traffic Regulation Ordinance shall also apply to the use

of electric kick scooters in the same way as they apply to the use of

motor vehicles, mutatis mutandis.

€1.17