Motor Vehicles (Amendment) Regulations, 2023

L.N. 110 of 2023

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 54 of the

Traffic Regulation Ordinance, the Minister for Transport, after

consultation with the Authority for Transport in Malta, has made the

following regulations:-

The title of these regulations is the Motor Vehicles Citation.

(Amendment) Regulations, 2023 and these regulations shall be read

and construed as one with the Motor Vehicles Regulations, hereinafter S.L. 65.11

referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) the definition "motor cycle" thereof shall be

substituted by the following new definition

"motor cycle" means any two-wheeled vehicle, with

or without a sidecar, fitted with an engine having a cylinder

capacity of more than 50cm 3 if of the internal combustion

type and, or having a maximum design speed of more than

45 km/h, and including a motor tricycle;";

(b) immediately after the definition "Directive 2003/97/

EC" thereof there shall be added the following new definition

"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;";

(c) in the definition "motor vehicle" thereof immediately

after the words "mechanical power" there shall be added the

words "and includes a motor cycle, an e-kickscooter and, or a

moped".

Regulation 67 of the principal regulations shall be amended Amends

regulation 67 of

as follows

the principal

regulations.

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

following new sub-regulation

"67. (1) If in any case, owing to the presence of a

motor vehicle on a road, an accident occurs involving

personal injury to another person or damage to any vehicle,

animal or other property, the driver of the motor vehicle

shall stop and, if required to do so by a Police officer, a

community officer, an enforcement officer of the Authority

or by any person having reasonable grounds for so

requiring, give his name and address, the name and address

of the owner of the motor vehicle, the details of the insurer

of the motor vehicle as well as its registration mark or

number.";

(b) sub-regulation (5) thereof shall be substituted by the

following new sub-regulation

"(5) Saving the provisions of the other sub-

regulations of this regulation, where any case to which sub-

regulation (1) applies consists of an accident which

involves personal injury or damage to public property, the

persons involved in the accident shall immediately notify

the community officer and, or the enforcement officer of

the Authority and, or the Police, to whom they shall give

such information as is required by this regulation.".

Regulation 73 of the principal regulations shall be

substituted by the following new regulation

"73. The owner of a motor vehicle shall, if required by a

member of the Police Force or the enforcement officer of the

Authority or community officer, give any information which

may lead the Police or enforcement officer of the Authority or

community officer to identify any person who was driving such

motor vehicle when any crime and, or contravention is alleged to

have been committed.".

Regulation 74 of the principal regulations shall be amended

as follows

(a) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) Photographs,

films,

video-recordings,

electronic images or any other record by means of any

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 enforcement officer of the Authority 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 any

other record was produced.";

(b) sub-regulation (5) thereof shall be substituted by the

following new sub-regulation

"(5) The owner of the vehicle who is identified in

any document, record or signed certificate referred to in

sub-regulation (2) shall be responsible for any crime, and

or contravention proven by the said document, record or

signed certificate unless when the crime and, or

contravention was committed the driver of the vehicle had

been stopped and identified by a Police officer or by an

enforcement officer of the Authority or a community

officer upon or immediately after the commission of the

crime and, or contravention.";

(c) sub-regulation (9) thereof shall be substituted by the

following new regulation

"(9) The person against whom a certificate under

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

of the Police officer or enforcement officer of the Authority

or community officer who signed the certificate for the

purpose of cross-examination.".

Regulation 79 of the principal regulations shall be Substitutes

regulation 79 of

substituted by the following new regulation as follows

the principal

regulations.

"79. No person shall, unless otherwise directed

by a Police officer or an enforcement officer of the

Authority or a community officer, park or leave

unattended any motor vehicle or trailer

(a) within twelve (12) metres on each side

of any bus stop or fare stage, unless official road

markings or traffic signs indicate otherwise;

(b) around a traffic roundabout or a traffic

island;

(c) on, or within four (4) metres of a

pedestrian crossing, from the side of the

oncoming traffic, unless a build-out exists;

(d) on the footpath unless road signage

directs otherwise;

(e) in any place where appropriate road

markings stipulated by the Traffic Signs and

Carriageway Markings Regulations indicate that

parking is prohibited;

(f) in such a manner as to obstruct the

passage of a vehicle which is properly parked, or

(g) within five (5) metres of any corner,

bend or splay

Provided that in the case of a bend or splay,

the five (5) metre limit referred to in paragraph (g) shall

be measured from the point of intersection of the

extended building alignment on each of the two (2)

streets forming such bend or splay

Provided further that where the road

markings indicated in Part II D (f)(13) of the Traffic

Signs and Carriageway Markings Regulations on a

particular street corner, bend or splay do not extend to

the prescribed five (5) metre limit, the said prohibition

shall likewise not extend to the full five (5) metres and

shall be limited to the distance covered by the said road

markings.".

Regulation 96 of the principal regulations shall be

substituted by the following new regulation

"96. (1) Every person driving a motor vehicle

shall, where necessary, give warning of his approach by

sounding the horn or other device.

(2) No person shall make, cause or permit to be

made any unnecessary noise with the motor vehicle

horn or with any other warning device.

(3) Any police officer or enforcement officer of

the Authority or community officer may prohibit the

use of any horn or other warning device which is

strident or otherwise objectionable.

(4) Any Police officer, enforcement officer of the

Authority or community officer may order the removal

from any motor vehicle of any horn or other warning

device the use of which is prohibited under the

provisions of sub-regulation (3).

(5)

The provisions of sub-regulations (2), (3)

and (4) shall not apply to any motor vehicle referred to in

regulation 83(1) whilst on an urgent call or in any other

emergency.".

Regulation 115 of the principal regulations shall be Substitutes

regulation 115

substituted by the following new regulation

of the principal

regulation.

"115. (1) No person may hold and, or make use of any

hand-held mobile device whilst driving a motor vehicle and, or

motor cycles and, or e-kickscooters and, or whilst such motor

vehicle and, or motor cycles and, or e-kickscooters are stationary

in traffic;

(2) No person may wear in the ear which is closest to the

window any in-ear or over-ear device or any similar device,

whilst driving a motor vehicle and, or whilst such motor vehicle

is stationary in traffic;

(3) No person may wear or make use of an in-ear or over-

ear hands-free device or any similar device in both ears whilst

stationary in traffic and, or driving any motor cycle and, or e-

kickscooter.".

Regulation 124 of the principal regulations shall be Substitutes

regulation 124

substituted by the following new regulation

of the principal

regulations.

"124. (1) Every person driving or having charge of

a motor vehicle shall at all times immediately comply with

any order, indication or signal given or made by the Police

officer or an enforcement officer of the Authority or a

community officer for the purpose of regulating traffic or

for any other purpose in the exercise of their duty.

(2) Any person who intentionally gives to any

Police officer or enforcement officer of the Authority or

community officer in the exercise of their duty incorrect

information regarding his name, surname, identity card

number, address, or other details and, or document that may

be lawfully required shall be guilty of a contravention.".

In sub-regulation (1) of regulation 127 of the principal Amends

regulations, in item A under the heading "Fitted with pneumatic tyres" regulation

of the principal

immediately after the words "high-risk inmates or in case of regulations.

emergency" there shall be added the words ", enforcement officers of

the Authority and community officers in cases of emergency".

B

€0.54