Regulations, 2022

L.N. 265 of 2022

MOTOR VEHICLES REGISTRATION AND LICENSING ACT

(CAP. 368)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Registration and Licensing of Motor Vehicles (Amendment)

Regulations, 2022

IN EXERCISE of the powers conferred by article 20(2) of the

Motor Vehicles Registration and Licensing Act, 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:-

(1) The title of these regulations is the Registration and Citation and

Licensing of Motor Vehicles (Amendment) Regulations, 2022 and commencement.

these regulations shall be read and construed as one with the

Registration and Licensing of Motor Vehicles Regulations, hereinafter S.L. 368.02.

referred to as "the principal regulations".

(2) These regulations shall come into force within two months

from the date of their publication in the Gazette.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

the following definitions shall be deleted

"Directive 70/156/EEC", "Directive 70/220/EEC",

"Directive

80/1268/EEC",

"Directive

95/46/EC",

"Directive

2002/24/EC",

"Directive

2002/58/EC",

"Directive

2005/55/EC",

"Directive

2006/12/EC",

"Directive 2007/46/EC", "Malta Environment and Planning

Authority" and "public transport vehicle";

(b) the definition "certificate of conformity" shall be

substituted by the following new definition

" "certificate of conformity" means the document

issued by the manufacturer which certifies that a produced

vehicle conforms to the approved type of vehicle and

complies with all regulatory acts that were applicable at the

time of its production;";

(c) the definition "CO 2 emissions" shall be substituted by

the following new definition

" "CO 2 emissions" shall have the same meaning as

assigned to it in article 2 of the Act;";

(d) immediately after the definition "Directive 2006/12/

EC", there shall be added the following new definition

" "Directive 2006/42/EC" means Directive 2006/42/

EC of the European Parliament and of the Council of 17

May 2006 on machinery, and amending Directive 95/16/

EC;";

(e) immediately after the definition "driver", there shall

be added the following new definition

" "EC declaration of conformity" means the

document drawn up by the manufacturer or his authorised

representative in accordance with Directive 2006/42/EC;";

(f) the definition "end-of-life vehicle"

shall

be

substituted by the following new definition

""end-of-life vehicle" shall have the same meaning as

assigned to it in Article 2 of Directive 2000/53/EC;";

(g) immediately after the definition "end-of-life vehicle",

as substituted, there shall be added the following new definition

" "EU individual vehicle approval certificate" means

the certificate issued by an approval authority of a Member

State in accordance with Regulation (EU) 2018/858, which

certifies that a particular vehicle, whether unique or not,

satisfies the relevant administrative provisions and

technical requirements for EU individual vehicle

approval;";

(h) immediately after the definition "light passenger

transport vehicle", there shall be added the following new

definition

" "machinery" shall have the same meaning assigned

to it in Directive 2006/42/EC;";

(i) the definition "motor vehicle for hire" shall be

substituted by the following new definition

" "motor vehicle for hire" means a motor vehicle

which is registered and licensed to be hired or leased from a

vehicle hire services operator, and for the purpose of being

driven by such hirer or lessee in accordance with the Light

Passenger Transport Services and Vehicle Hire Services S.L. 499.68

Regulations;";

(j) immediately after the definition "register" there shall

be added the following new definitions

" "registered user of a motor vehicle" means a person

who, not being the owner of a motor vehicle, makes

habitual use of that motor vehicle and is registered as such

in terms of regulation 7A;

"registered users of motor vehicles register" means

the register kept by the Authority of all persons and/or

companies who, not being the owners of a motor vehicle,

make habitual use of that motor vehicle and are registered

as such in terms of regulation 7A;";

(k) immediately after the definition "registration tax",

there shall be added the following new definitions

" "Regulation (EU) No 167/2013" means Regulation

(EU) No 167/2013 of the European Parliament and of the

Council of 5 February 2013 on the approval and market

surveillance of agricultural and forestry vehicles;

"Regulation (EU) No 168/2013" means Regulation

(EU) No 168/2013 of the European Parliament and of the

Council of 15 January 2013 on the approval and market

surveillance of two- or three-wheel vehicles and

quadricycles;

"Regulation (EU) No 2018/858" means Regulation

(EU) No 2018/858 of the European Parliament and of the

Council of 30 May 2018 on the approval and market

surveillance of motor vehicles and their trailers, and of

systems, components and separate technical units intended

for such vehicles, amending Regulations (EC) No 715/2007

and (EC) No 595/2009 and repealing Directive 2007/46/

EC;" and

(l) in the definition "Single Vehicle Approval", the

words "Member State" shall be substituted by the word "Malta".

Sub-regulation (1) of regulation 4 of the principal

regulations shall be amended as follows

(a) paragraphs (a) and (b) thereof shall be substituted by

the following new paragraphs

"(a) a valid certificate of conformity in accordance

with: -

- Regulation (EU) No 2018/858 in respect of M,

N and O category vehicles,

- Regulation (EU) No 168/2013 in respect of

cycles, and

- Regulation (EU) No 167/2013 in respect of

agricultural tractors

Provided that vehicles designed and

constructed or adapted for use by the Armed Forces

of Malta shall be exempted from this requirement

Provided further that for the following

vehicles, a valid EU individual vehicle approval

certificate shall be accepted in lieu of a certificate of

conformity

(i) vehicles designed and constructed for use

principally on construction sites or in quarries, port or

airport facilities,

(ii) vehicles designed and constructed or

adapted for use by civil protection, fire services and

forces responsible for maintaining public order,

(iii) any self-propelled vehicle designed and

constructed specifically to perform work and that,

because of its construction characteristics, is not

suitable for carrying passengers or for transporting

goods, and that is not machinery mounted on a motor

vehicle chassis,

(iv) vehicles intended exclusively for racing

on roads,

(v) prototypes of vehicles used on the road

under the responsibility of a manufacturer to perform

a specific test programme provided they have been

specifically designed and constructed for that

purpose,

(b) a valid EC declaration of conformity in

accordance with Directive 2006/42/EC in respect of

machinery used on the road,"; and

(b)

paragraphs (c) and (d) thereof shall be deleted.

Regulation 6 of the principal regulations shall be amended Amends

regulation 6 of

the principal

regulations.

(a)

sub-regulation (4) thereof shall be amended as

(i) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) a vehicle registration certificate or an

export certificate and, where appropriate, an English

or Maltese translation thereof, issued by the

competent authority of the country from where the

vehicle has been registered and imported or brought

into Malta,";

(ii) paragraph (f) thereof shall be substituted by the

following new paragraph

"(f) Single Vehicle Type approval certificate

in the case of an M1 vehicle or a cycle imported from

a third country, unless such M1 vehicle or cycle has a

valid certificate of conformity

Provided that a used M1 vehicle or a cycle

that is imported into Malta from the United Kingdom

on or after the 1 st January 2021 and that was already

registered in the United Kingdom on or before the

31 st December 2020 shall be exempted from this

requirement,"; and

(iii) paragraph (g) thereof shall be substituted by the

following new paragraph

"(g) Single Vehicle Type approval certificate

based on standards established by the Authority in the

case of used 4-wheel-drive N1 vehicles with a

maximum authorised mass of up to 3,000 kgs

imported from a third country, unless such vehicles

have a valid certificate of conformity, and in the case

of rebuilt or amateur built motor vehicles

Provided that a used 4-wheel-drive N1

vehicle with a maximum authorised mass of up to

3,000 kgs that is imported into Malta from the United

Kingdom on or after the 1st January 2021 and that

was already registered in the United Kingdom on or

before the 31st December 2020 shall be exempted

from this requirement,";

(b) in the proviso to sub-regulation (6) thereof, the figure

marks "(€100).." shall be substituted by the figure "(€100):" and

immediately thereafter there shall be added the following new

proviso

"Provided further that the Authority shall have

the right to refuse the registration of an imported used

motor vehicle or of a used motor vehicle which has been

brought into Malta in the event that the recorded history of

such vehicle shows that it had suffered irreparable damage

."; and

(c) sub-regulation (8) thereof shall be substituted by the

following new sub-regulation

"(8) Where an imported used motor vehicle or a

used motor vehicle which has been brought into Malta does

not satisfy the provisions of this regulation, or where the

Authority has sufficient evidence showing that such motor

vehicle is not safe to be used on the road, the said motor

vehicle shall not be registered and shall be re-exported or

disposed of within such time and under such conditions as

the Authority may determine.".

Regulation 6C of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) the first paragraph and first proviso thereof

shall be substituted by the following new paragraph and

proviso

"(1) M1 motor vehicles with CO 2 emission

levels equal to or higher than two hundred (200)

according to NEDC standard or two hundred and

twenty (220) or higher according to WLTP standard

(and having an emission level equivalent to the latest

European Standard or latest European Standard minus

one or latest European Standard minus two) and

motor cycles with an engine capacity equal to or

higher than eight hundred and one (801cc) which are

to be registered for the first time with the Authority

may be registered to be used on the road in Malta

solely and exclusively on Fridays as from 18.00hrs

onwards, Saturdays, Sundays, national holidays and

other public holidays

Provided that such vehicles may not be

parked on the road between Monday and Thursday

(both days included) and on Friday before 18:00hrs:";

and

(ii) in the second proviso thereof, immediately after

the words "the owner" there shall be added the words "or

the registered user", and the words "one hundred euro

(€100)" shall be substituted by the words "fifty Euro

(€50)";

(b) immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulations

"(4) When the owner or registered user of a vehicle

which satisfies the criteria and standards stipulated in sub-

regulation (1) and which has already been registered for

unrestricted use on the road in Malta on all days of the

week decides to change the registration of the said vehicle

for use on the road in Malta solely and exclusively on

Fridays from 18:00 hrs onwards, Saturdays, Sundays,

national holidays and other public holidays, a refund in

respect of the licence fee shall be allowed by the Authority.

(5) Any refund as is referred to in sub-regulation

(4) shall be one or more quarters of the fee paid for the

licence which shall correspond to the complete quarter or

quarters of the year or period for which the licence had

been paid as a vehicle registered for unrestricted use on all

days of the week.".

Immediately after regulation 7 of the principal regulations, Adds new

regulation 7A to

the principal

Regulations.

there shall be added the following new regulation

(1) The Authority shall set up and

maintain a register to be known as the Registered Users

of Motor Vehicles Register.

(2) The owner of a motor vehicle who does not

make regular use of a motor vehicle which is registered

in his name may, where such motor vehicle is habitually

used by another person and/or company, apply with the

Authority to register the said vehicle in the said register.

(3) In the register there shall be registered the

make, model and registration number of the motor

vehicle, the name, surname, address and identification

number of the owner and/or company and the name,

surname, address and identification number of the

registered user, that is, the person and/or company who

habitually makes use of the said motor vehicle.

(4) The application shall be filed on the form

and according to such procedures which may be

established by the Authority from time to time and shall

bear the signature of both the registered owner as well

as the registered user of the motor vehicle.

(5) Upon registration of the motor vehicle in the

register, the Authority shall issue to the registered user

a declaration confirming that he is the registered user of

the motor vehicle in question and that he is duly

registered as the registered user thereof in the register.

(6) For such time as he is so registered in the

register, the registered user of a motor vehicle shall, for

all effects and purposes at law, carry all duties and

responsiblities in relation to such motor vehicle which

were previously borne by the owner of the said motor

vehicle.

(7) The registration of a person and/or company

as a registered user of a motor vehicle in the register

shall be cancelled when an application to such effect is

filed by the owner and the registered user bearing the

signature of both on the form and according to such

procedures which may be established by the Authority

from time to time.

(8) Furthermore, the registration of a person

and/or company as a registered user of a motor vehicle

shall automatically be cancelled in any of the following

events

(i) if the motor vehicle is transferred by

the owner to the registered user or to a third party;

(ii) if the motor vehicle is garaged or de-

registered.

(9) Where a request for the removal of the name

of a person and/or company from the register as the

registered user of a motor vehicle is submitted to the

Authority either by the owner or by the registered user

but not under the signature of both parties, the

Authority shall proceed to remove the registered user

from the register with regard to such motor vehicle

when the request is made by means of a sworn

declaration confirming that the registered user of the

motor vehicle no longer makes habitual use of the

motor vehicle in question. Such a request is to be made

on the form and against such payment as may be

established by the Authority from time to time and the

removal of the name of the registered user from the

register shall be communicated by the Authority to the

other concerned party by means of registered mail.".

7. In Regulation 8 of the principal regulations, the word Amends

"demand:" and regulation

"demand." shall be substituted by the word

the principal

immediately thereafter there shall be added the following new proviso: regulations.

"Provided that, with regard to a motor vehicle which

is registered in the register established by virtue of regulation

7A, the registered user thereof shall be obliged, in addition to the

registration certificate, also to carry with him the declaration

issued by the Authority in terms of sub-regulation (5) of

regulation 7A, which declaration he shall be obliged to produce

to any authorised inspecting officer on demand.".

In regulation 10 of the principal regulations,the word Amends

"certificate." shall be substituted by the word "certificate:" and regulation

the principal

immediately thereafter there shall be added the following new proviso: regulations.

"Provided that where the registration certificate of a motor

vehicle is surrendered by the owner to the Authority, in the event

that such motor vehicle was also registered in the register

established by virtue of regulation 7A, the Authority shall de-

register the said motor vehicle from the said register.".

In regulation 11 of the principal regulations, the word Amends

"certificate." shall be substituted by the word "certificate:" and regulation

the principal

immediately thereafter there shall be added the following new regulations.

"Provided that where a motor vehicle is registered in the

register established by virtue of regulation 7A, on a change of

name and surname or residential address of the registered user,

the owner shall forthwith inform the Authority and deliver to the

Authority the registered user declaration for the necessary

amendment in the register.".

In sub-regulation (2) of regulation 12 of the principal

regulations, immediately after paragraph (d) thereof there shall be

added the following new paragraph

"(e) the details of the registered owner of the motor

vehicle and, where the motor vehicle is also registered in the

register established by virtue of regulation 7A, the details of the

registered user of the motor vehicle.".

In sub-regulation (4) of regulation 13 of the principal

regulations, immediately after the words "his behalf" there shall be

added the words "or by the registered user".

Regulation 14 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, immediately after the

word "owner", wherever it appears, there shall be added the

words "or registered user";

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

word "owner" there shall be added the words "or registered

user";

(c) in the proviso to sub-regulation (3) thereof,

immediately after the word "owner", wherever it appears, there

shall be added the words "or registered user"; and

(d) in

sub-regulation

(4)

thereof,

the

word

"Regulations." shall be substituted by the word "Regulations:"

and immediately thereafter there shall be added the following

new proviso

"Provided that in the case of a motor vehicle

registered in the register established by virtue of regulation 7A ,

the registered user and not the owner shall be liable for the

payment of the administrative fine.".

Immediately

after

regulation

of

the

principal

regulations, there shall be added the following new regulation

(1) A vehicle which is classified as a

"Administrative fee

vintage vehicle by the vintage vehicle classification

committee shall be exempt from the payment of a

circulation licence fee and in lieu the administrative fee

established in the Fourth Schedule to the Act shall

apply.

(2) In the event that, upon the renewal of its

circulation licence after having undergone a vehicle

roadworthiness test, it results that a vintage vehicle has

registered three-thousand kilometres (3,000 km) or

more on its odometer in one (1) year since the last

renewal of its circulation licence, or an average of

three-thousand kilometres (3,000 km) or more per year

with regard to such vehicles which undergo a vehicle

roadworthiness test once every two (2) years, then, in

addition to the administrative fee established in the

Fourth Schedule to the Act, the owner of the said

vehicle shall also be obliged to pay the circulation

licence fee established in the Fourth Schedule to the

Act for such year or years during which the said vehicle

had registered three thousand kilometres (3,000 km) or

more on its odometer in one (1) year or an average of

three thousand kilometres (3,000 km) or more per year

with regard to such vehicles which undergo a vehicle

roadworthiness test once every two (2) years

Provided that, nevertheless, such vehicle

shall not lose its status as a vintage vehicle and shall

continue to pay solely the administration fee

established in the Fourth Schedule to the Act unless,

upon renewal of the circulation licence, it results that

the owner thereof shall also be obliged to pay the

circulation licence fee established in the Fourth

Schedule to the Act as a result of the fact that such

vintage vehicle has registered three thousand

kilometres (3,000 km) or more in one (1) year or an

average of three thousand kilometres (3,000 km) or

more per year if it is a vehicle which undergoes a

roadworthiness test once every two (2) years.

(3) The owner of a vintage vehicle who wants to

travel abroad with the said vehicle may apply with the

Authority in order for the mileage which shall be

registered on the odometer of the said vehicle during

such time that the vintage vehicle is being driven

outside Malta not to be computed in the calculation of

such vehicle’s mileage for the purpose of sub-

regulation (2).

(4) Such application is to be submitted, free of

charge, on such form as may be prescribed by the

Authority from time to time together with photographic

evidence showing the mileage on such vehicle’s

odometer on a date which shall not be earlier than ten

calendar days prior to the date of departure as well as

documentary evidence which shows that the said

vehicle shall be taken abroad. The said document must

indicate the date of departure, the registration number

of the vehicle and the details of its registered owner,

and the applicant shall be obliged to provide the

Authority with photographic evidence of the mileage on

such vehicle’s odometer upon its return to Malta

Provided that the vintage vehicle

classification committee established under the Act shall

have the right to make physical inspections of any

vehicle with regard to which an application in terms of

sub-regulation (4) is submitted, both prior to its

departure from Malta as well as after its return to Malta

in order to verify and confirm the veracity of the

declarations made by the applicant with regards to the

mileage on the vehicle’s odometer.

(5) Motorcycles which have been classified as

vintage by the vintage vehicle classification committee

shall continue to be exempt from the payment of a

circulation licence fee and shall only be subject to the

payment of the administrative fee established in the

Fourth Schedule to the Act irrespective of any mileage

considerations.".

14. In regulation 18 of the principal regulations, immediately

after the words "The owner," there shall be added the words

"registered user,".

15. In regulation 24 of the principal regulations, immediately

after the words "The owner" there shall be added the words ", and, or

registered user,".

16. Regulation 25 of the principal regulations shall be amended Amends

regulation 25 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, immediately after the

word "owner" there shall be added the words "or registered

user";

(b) in the proviso to sub-regulation (3) thereof,

immediately after the word "owner" there shall be added the

words "or registered user"; and

(c) in sub-regulation (4) thereof, immediately after the

word "owner" there shall be added the words "or registered

user".

Immediately after sub-regulation (6) of regulation 27 of the Amends

principal regulations, there shall be added the following new sub- regulation

the principal

regulations

regulations.

"(7) The sale or transfer of a passenger transport vehicle

shall not be construed to imply the transfer of an Operator’s

Licence issued under the Passenger Transport Services S.L. 499.56.

Regulations and the Light Passenger Transport Services and S.L. 499.68

Vehicle Hire Services Regulations.

(8) A motor vehicle may not be sold or transferred by a

registered user but only by the owner thereof.".

In the proviso to paragraph (c) of sub-regulation (4) of Amends

regulation 30 of the principal regulations, the word "paragraph." shall regulation

the principal

be substituted by the word mark "paragraph:" and immediately regulations.

thereafter there shall be added the following new proviso

"Provided further that any transfer by a company in

favour of a physical person who is a director or majority

shareholder of the said company, or vice versa, shall be exempt

from the payment of the four hundred and sixty-six euro (€466)

referred to in this paragraph.".

In regulation 33 of the principal regulations, the word Amends

"decipherable." shall be substituted by the word "decipherable:" and regulation

the principal

immediately thereafter there shall be added the following new proviso: regulations.

"Provided that the owners of such vehicles which have no

place on the front part of the vehicle where the registration plate may

be affixed shall have the right to apply with the Authority in order to

be issued with an alternative registration plate or sticker. The cost of

such plate or sticker shall be in accordance with the First Schedule.".

Immediately after sub-regulation (10) of regulation 36 of

the principal regulations, there shall be added the following new sub-

regulations

"(11) The Authority may withdraw any ‘Trial Run’ plates

issued to an authorised dealer where the dealer has committed a

breach of any of the conditions set down in this regulation.

(12) Where ‘Trial Run’ plates are withdrawn by the

Authority, the authorised dealer shall be obliged to return the

plates to the Authority by not later than two working days from

the date of notification of the notice of withdrawal of the ‘Trial

Run’ plates.

(13) Any authorised dealer who contravenes

sub-

regulation (12) shall be guilty of an offence.

(14) Any authorised dealer from whom ‘Trial Run’ plates

issued by the Authority have been withdrawn may not apply for

the issuance of new ‘Trial Run’ plates before the lapse of six

months from such withdrawal.".

Sub-regulation (1) of regulation 39 of the principal

regulations shall be amended as follows

(a) in the first proviso thereof, the date "30th June, 2019"

shall be substituted by the date "30th September, 2022";

(b) in the second proviso thereof, the date "1st October,

2020" shall be substituted by the date "1st October, 2022"; and

(c) in the third proviso thereof, the date "16th October,

2020" shall be substituted by the date "16th October, 2022".

Sub-regulation (7) of regulation 44 of the principal

regulations shall be amended as follows

(a) in paragraph (a) thereof, immediately before the

words "vehicle licence" there shall be added the word "valid";

and

(b) in paragraph (j) thereof, the figure "€60." shall be

substituted by the figure "€60" and immediately thereafter there

shall be added the following new paragraphs

"(k) failure by authorised motor car dealer to return

Trial Run plates following their withdrawal by the

Authority...... €235

(l) driving a motor vehicle without the driver being

in possession of registered user documentation, where

applicable ................. €25 to €60.".

€1.35