Motor Vehicles (Amendment) Regulations, 2019

L.N. 48 of 2019

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Motor Vehicles (Amendment) 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, has made the following regulations

The title of these regulations is the Motor Vehicles

(Amendment) Regulations, 2019 and these regulations shall be read

and construed as one with the Motor Vehicles Regulations, hereinafter

referred to as ''the principal regulations''.

Regulation 74 of the principal regulations shall be amended

as follows

(a) regulation 74 shall be renumbered as regulation

74(1); and

(b) immediately after sub-regulation (1) as renumbered

there shall be added the following

''(2) Photographs, film, video-recordings, electronic

images or any other record produced by a prescribed

parking monitoring device shall be admissible in evidence

and shall constitute proof of their contents if they are

accompanied by a certificate signed by a police officer or

community officer (in the same or in another document) as

to the circumstances of date, time and place in which the

photograph, film, video-recording, electronic image or

other record was produced.

(3) Any device referred to in sub-regulation (2)

shall be a device prescribed by order of the Minister

responsible for transport who may in any such order lay

down any conditions as to the purposes for which, and the

manner and other circumstances in which, the device is to

be used.

(4) A document purporting to be a document,

record or signed certificate of the kind mentioned in sub-

regulation (2) shall be deemed to be such a document,

record or certificate signed as aforesaid unless the contrary

is proved.

(5) The owner of the vehicle which is identified in

any document, record or signed certificate referred to in

sub-regulation (2) shall be responsible for any offence

proved by the same document, record or signed certificate

unless the driver of the vehicle when the offence was

committed is shown to have been stopped and identified by

a police officer or a community officer upon or

immediately after the commission of the offence.

(6) Any image recorded by any means referred to in

sub-regulation (2) may be converted from one format to

another, transmitted, stored or reproduced by electronic or

any other means that allows the recorded image to be

reproduced in intelligible form including, without

limitation, electronically.

(7) Where a recorded image has been stored in

electronic format as provided in sub-regulation (2), the

recorded image may be reproduced in paper format which

shall have the same effect for all purposes as if it were an

original document if the reproduction is certified to be such

in the certificate mentioned in sub-regulation (2).

(8) Any device prescribed under sub-regulation (2)

shall be deemed to have been functioning correctly at the

time that any document or record referred to in the said

sub-regulation (2) was produced by it, unless the contrary

is proved.

(9) The person against whom a certificate under

sub-regulation (2) is produced may require the attendance

of the police officer or community officer who purportedly

signed the certificate for the purpose of cross-examination.

(10) For the purposes of sub-regulations (2) to (9),

'parking monitoring device' means a device prescribed

under sub-regulation (2) that is capable of photographing or

capturing the image of a motor vehicle when in a stationary

position''.

B

€0.27