Objects (Amendment) Regulations, 2021

L.N. 55 of 2021

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Clamping and Removal of Motor Vehicles and Encumbering

Objects (Amendment) Regulations, 2021

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 Clamping and Removal

of Motor Vehicles and Encumbering Objects (Amendment)

Regulations, 2021 and these regulations shall be read and construed as

one with the Clamping and Removal of Motor Vehicles and

Encumbering Objects Regulations, hereinafter referred to as "the

principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately before the definition "Agency" there

shall be added the following new definition

" "abandoned vehicle" means a vehicle (which is not

a derelict vehicle) which is parked or placed on the road

and in respect of which the annual circulation fee for the

current year has remained unpaid for a period of thirty days

or more to be reckoned from the due date;"; and

(b) the definition "derelict vehicle" shall be substituted

by the following new definition

" "derelict vehicle" means a vehicle which is parked

or placed on the road and in respect of which the annual

circulation fee for the current year has remained unpaid for

a period of thirty days or more to be reckoned from the due

date and which

(a)

is in such a state that it cannot be

identified; and, or

(b) is in such a state whereby it is clearly

unfit for use on the road; and, or

(c) whose current Maltese market value,

when taking into consideration arrears of circulation

licence fees and all other costs, dues and expenses

payable to the Authority and, or any other public

entity in order for the holder of the registration

certificate of such vehicle to be able to retrieve it,

amounts to less than seventy-five per cent (75%) of

the Maltese market value of the said motor vehicle as

established by the Authority for Transport in Malta or

any other standard of motor vehicle valuation which

may be adopted by the Authority from time to time;".

Regulation 6 of the principal regulations shall be Substitutes

regulation 6 of

substituted by the following new regulation

the principal

regulations.

"6. The Commissioner or the Council or the Authority or,

where applicable, the Agency, shall be exempt from any liability

for damages arising in connection with the fixing of clamps or

the removal thereof, and the storage and disposal of encumbering

objects or derelict or abandoned vehicles in accordance with

regulations 3, 4, 5 and 8.".

In sub-regulation (1) of regulation 7 of the principal Amends

regulations, immediately after the words "in the Gazette" there shall be regulation

the principal

added the words "or on the website of the entity which has carried out regulations.

the removal of the encumbering object or motor vehicle".

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

" (1) The Commissioner or the Authority or the

Council or the Agency shall order the sale of an

encumbering object or an abandoned vehicle, when it is

not retrieved by its lawful owner, in the case of an

encumbering object, or by the holder of the registration

certificate in the case of an abandoned vehicle, within

seven (7) days from the date when a notice of removal is

affixed on the encumbering object or abandoned vehicle

or from the date when a notice of removal is published in

the Gazette or on the website of the entity which has

removed the encumbering object or abandoned vehicle,

whichever is the latest, calling on such owner, in the case

of an object, or the holder of the registration certificate, in

the case of an abandoned vehicle, to retrieve such object

or abandoned vehicle after producing evidence that he is

the owner of the object or the holder of the registration

certificate of such abandoned vehicle

Provided that with regard to

derelict vehicles the Commissioner or the

Authority or the Council or the Agency shall

have the right to proceed to destroy the said

motor vehicle in accordance with the

procedures established in the Waste

Management (End of Life Vehicles)

Regulations instead of ordering the sale

thereof

Provided further that with regard

to vehicles, whether abandoned or derelict,

which have been sold under a hire purchase

agreement, the Commissioner or the Authority

or the Council or the Agency, prior to

proceeding with the sale by auction or

destruction thereof, as the case may be, shall

first send a written notice by registered letter

to the seller of the said vehicle under the hire

purchase agreement informing him that the

vehicle is being held in the custody of such

entity and shall be sold by auction or

destroyed, as the case may be, unless he

proceeds to retrieve the vehicle in question by

not later than fifteen (15) days from the date

of notification of such notice upon paying in

full and final settlement all amounts due to the

Authority and, or any other public entity with

regard to the said vehicle"; and

(b) sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) The Commissioner or the Authority or the

Council or the Agency may, in their discretion, dispose of

those encumbering objects or motor vehicles which have

not been returned or sold by public auction or after a call

for tenders".

Regulation 8A of the principal regulations shall be deleted.

Deletes

regulation 8A of

the principal

regulations.

Regulation 8B of the principal regulations shall be Renumbers and

renumbered as regulation 8A and immediately after the word amends

regulation 8B of

"derelict" there shall be added the word ", abandoned".

the principal

regulations.

Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

as follows

the principal

regulations.

(a) in paragraph (b) thereof, immediately after the word

"derelict" there shall be added the words "or abandoned";

(b) in paragraph (c) thereof, immediately after the word

"derelict" there shall be added the words "or abandoned"; and

(c)

in paragraph (d) thereof, immediately after the word

"derelict" there shall be added the words "or abandoned".

In sub-regulation (1) of regulation 11 of the principal

Amends

regulation 11 of

regulations, the words "in regulation 8A(1)" shall be substituted by the

the principal

words " in regulation 8(1)".

regulations.

€0.45