Motor Vehicles (Interoperability of Electronic Road Tolls Systems)

L.N. 54 of 2023

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Motor Vehicles (Interoperability of Electronic Road Tolls Systems)

(Amendment) Regulations, 2023

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 responsible for transport, after

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

following regulations:-

(1) The title of these regulations is the Motor Vehicles

(Interoperability of Electronic Road Tolls Systems) (Amendment)

Regulations, 2023 and these regulations shall be read and construed as

one with the Motor Vehicles (Interoperability of Electronic Road Tolls

Systems) Regulations, hereinafter referred to as the "principal

regulations".

(2) The scope of these regulations is to better transpose the

provisions of Directive (EU) 2019/520 of the European Parliament and

of the Council of 19 March 2019 on the interoperability of electronic

road toll systems and facilitating cross-border exchange of information

on the failure to pay road fees in the Union, and in particular in

relation to Articles 23, 24, 25, 26 and 27 and Annexes I and II.

Regulation 2 of the principal regulations, shall be

substituted by the following new regulation

2 .

In these regulations, unless the context

"Interpretation.

otherwise requires

"Authority" means the Authority for Transport in

Malta established by virtue of the Authority for

Transport in Malta Act;

"Commission" means the European Commission;

"Directive" means Directive (EU) 2019/520 of the

European Parliament and of the Council of 19 March

2019 on the interoperability of electronic road toll

systems and facilitating cross-border exchange of

information on the failure to pay road fees in the Union;

"Member State" means a Member State of the

European Union and includes also States of the

European Economic Area;

"national contact point" means a designated

competent authority of a Member State for the cross-

border exchange of vehicle registration data;

"road fee" means the fee which must be paid by

the road user for circulating on a given road, a road

network, a structure, such as a bridge or a tunnel, or a

ferry in a Member State which operates a road toll

system.".

Regulation 3 of the principal regulations shall be Substitutes

regulation 3 of

substituted by the following new regulation

the principal

regulations.

3. (1) For the purposes of these regulations,

contact

the Authority shall be Malta’s national contact point for

the cross-border exchange of vehicle registration data.

(2) In order to allow the identification of the

vehicle, and the owner or holder of that vehicle, in

relation to a failure to pay a road fee has been

established, the Authority shall grant access only to

other Member States’ national contact points to the

following national vehicle registration data, with the

power to conduct automated searches thereon

(a) data relating to vehicles; and

(b) data relating to the owners or holders of

the vehicle.

(3) The data elements referred to in

paragraphs (a) and (b) of sub-regulation (2) which

are necessary in order to conduct an automated

search shall comply with the First Schedule and

all automated searches are to comply with the

requirements of the said Schedule.

(4) In the exchange of information with the

national contact points of other Member States, the

Authority shall be obliged to pay particular attention to

the proper protection of personal data.

(5) The Authority shall take the measures

necessary to ensure that the exchange of information is

carried out using the European Vehicle and Driving

Licence Information System (Eucaris) software

application and amended versions of this software, in

compliance with the First Schedule and with points 2

and 3 of Chapter 3 of the Annex to Decision 2008/616/

JHA.

(6) The Authority shall bear its own costs

arising from the administration, use and maintenance

of the software applications referred to in sub-

regulation (5).".

Immediately after regulation 3, as substituted, there shall be

added the following new regulations

4. (1) In the event that Malta decides to

"Information letter.

introduce a road toll system, the entity which shall be

responsible to operate this system shall decide whether

or not to initiate follow-up proceedings in relation to

the failure to pay a road fee.

(2) Should the said entity decide to initiate such

proceedings, it shall be obliged to send an information

letter to the owner, the holder of the vehicle or the

otherwise identified person suspected of having failed

to pay the road fee by means of registered mail.

(3) The information letter shall include any

relevant information, notably on the nature of the

failure to pay the road fee, the place, date and time of

the failure to pay the road fee, the title of the texts of the

national law infringed, the right to appeal and to have

access to information, and the sanction and, where

appropriate, data concerning the device used for

detecting the failure to pay a road fee. For such

purpose, the information letter is to be based on the

template set out in the Second Schedule.

(4) The information letter shall be sent in the

language of the registration document of the vehicle, if

available, or in one of the official languages of the

Member State of registration.

(1) The Authority may provide the entity

responsible for levying the road feewith the data

obtained through the procedure referred to in regulation

3 only if the following conditions are satisfied: 

(a) the data transferred is limited to what

is needed by that entity to obtain the road fee due;

(b) the procedure for obtaining the road

fee due complies with the procedure provided for

in regulation 3;

(c) the entity concerned is responsible for

carrying out this procedure; and

(d) compliance with the payment order

issued by the entity receiving the data puts an end

to the failure to pay a road fee.

(2) The Authority shall be obliged to ensure that

the data provided to the responsible entity is used

solely for the purpose of obtaining the road fee due and

is immediately deleted once the road fee is paid or, if

the failure to pay persists, within a reasonable period

after the transfer of the data. The period for the

retention of such data shall be set by the Authority.

The Authority shall send a comprehensive

report to the Commission by 19 April 2023 and every

three (3) years thereafter indicating the number and

relevant details of automated searches addressed to it

by the national contact points of other Member States in

whose territory there was a failure to pay a road fee.

(1) In the processing of personal data in

accordance with these regulations, Regulation (EU)

2016/679, the Data Protection Act, the Processing of

Personal Data (Electronic Communications Sector)

Regulations and the Data Protection (Processing of

Personal Data by Competent Authorities for the

Purposes of the Prevention, Investigation, Detection

or Prosecution of Criminal Offences or the Execution

of Criminal Penalties) Regulations, shall apply.

(2) The Authority shall, in accordance with

applicable data protection legislation, take the measures

necessary, to ensure that

(a) the processing of personal data for the

purposes of regulation 3 is limited to the types of

data listed in the First Schedule;

(b) personal data is accurate, kept up-to

date and requests for rectification or erasure,

where applicable, are handled without undue

delay; and

(c) where applicable, a time limit is

established for the storage of personal data.

(3) The Authority shall take the measures

necessary to ensure that personal data processed under

these regulations is used only for the purpose of the

identification of the vehicle and the owner or holder of

the vehicle in relation to which a failure to pay a road

fee in another Member State has been established

within the scope of regulation 3.

(4) Any person concerned shall have the right to

obtain, without undue delay, information from the

Authority on which personal data recorded in the

Authority’s registration was transmitted to a Member

State in which there was a failure to pay a road fee,

including the date of the request and the competent

authority of the Member State in whose territory there

was a failure to pay a road fee.".

The provisions of the Directive shall be

applicable should a toll system be established for any

road in Malta.

5. The Schedule to the principal regulations shall be

substituted by the following new Schedule

"FIRST SCHEDULE

(Regulation 3)

(Annex I to the Directive (EU) 2019/520)

Data elements necessary to conduct the automated search referred to in

M/O( 1 )

Item

Remarks

Data relating to the vehicle

M

Member State of registration

M

(A( 2 ))

Registration number

M

Data relating to the failure to pay a road

M

Member State in whose territory there

M

was a failure to pay a road fee

Reference date of the occurrence

M

Reference time of the occurrence

M

( 1 )

M = mandatory when available in national register, O = optional.

( 2 )

Harmonised Union code, see Council Directive 1999/37/EC of 29 April 1999 on the

registration documents for vehicles (OJ L 138, 1.6.1999, p. 57)

Data elements provided as a result of the automated search conducted pursuant

to regulation 3

Part I. Data relating to vehicles

M/O( 1 )

Item

Remarks

Registration number

M

Chassis number or Vehicle

M

identification number (VIN)

Member State of registration

M

(D.1 ( 2 )) e.g. Ford, Opel, Renault

Make

M

Commercial type of the vehicle

M

(D.3) Focus, Astra, Megane

EU Category Code

M

(J) e.g. mopeds, motorbikes, cars

Euro emissions class

M

e.g. Euro 4, Euro 6

CO 2 emission class

O

applicable to heavy-duty vehicles

Date of reclassification

O

applicable to heavy-duty vehicles

CO 2 in g/tkm

O

applicable to heavy-duty vehicles

Technically

permissible

M

maximum laden mass of the

vehicle

( 1 )

M = mandatory when available in national register, O = optional.

( 2 )

Harmonised Union code, see Directive 1999/37/EC.

Part II. Data relating to owners or holders of the vehicles

M/O( 1 )

Item

Remarks

Data relating to holders of the

(C.1 ( ))

vehicle

The data refer to the holder of the

specific registration certificate.

Registration

holders’

M

(C.1.1)

(company) name

Separate fields shall be used for

surname, infixes, titles, etc., and the

name in printable format shall be

communicated.

First name

M

(C.1.2)

Separate fields for first name(s) and

initials shall be used, and the name

in printable format shall be

communicated.

Address

M

(C.1.3)

Separate fields shall be used for

street, house number and annex,

post code, place of residence,

country of residence, etc., and the

address in printable format shall be

communicated.

Gender

O

Male, female

Date of birth

M

Legal entity

M

Individual, association, company,

firm, etc.

Place of birth

O

ID Number

O

An

identifier

that

uniquely

identifies the person or the

company.

Data relating to owners of the

(C.2) The data refer to the owner of

vehicle

the vehicle.

Owners’ (company) name

M

(C.2.1)

First name

M

(C.2.2)

Address

M

(C.2.3)

Gender

O

Male, female

Date of birth

M

Legal entity

M

Individual, association, company,

firm, etc.

Place of birth

O

ID Number

O

An

identifier

that

uniquely

identifies the person or the

company.

In case of scrap vehicles, stolen

vehicles or number plates, or

outdated vehicle registration no

owner or holder information shall

be provided. Instead, the message

" Information not disclosed " shall be

returned.

(1)

M = mandatory when available in national register, O = optional.

( 2 )

Harmonised Union code, see Directive 1999/37/EC. "

6. Immediately after the Schedule, as substituted, there shall Adds new

Schedule to the

be added the following new Schedule

principal

regulations.

"SECOND SCHEDULE

(regulation 4)

TEMPLATE FOR THE INFORMATION LETTER

[Cover page]

............................................[Name, address and telephone number of

sender]

...............................................................................[Name and address

of addressee]

INFORMATION LETTER

regarding the failure to pay a road fee occurred in ……………

[name of the Member State in whose territory there was a failure to

pay a road fee]

Page 2

On ..................................... [date] a failure to pay a road fee with

the

vehicle

with

registration

number..................................make............................................model...

......................................was

detected

by...........................................................................................................

[name of the responsible body]

[Option 1] (1)

You are registered as the holder of the registration certificate of

the abovementioned vehicle.

[Option 2] (1)

The holder of the registration certificate of the abovementioned

vehicle indicated that you were driving that vehicle when the failure to

pay a road fee was committed.

The relevant details of the failure to pay a road fee are described

on page 3 below.

The amount of the financial penalty due for the failure to pay a

road fee is ........................... EUR or national currency. (1)

The amount of the road fee due to pay is ....................................

EUR or national currency. (1)

Deadline for the payment is.................................

You are advised to complete the attached reply form (page 4) and

send it to the address shown, if you do not pay this financial penalty

(1) or road fee (1) .

This letter shall be processed in accordance with the national law

of............................................................................................................

... [name of the Member State in whose territory there was a failure to

pay a road fee].

Page 3

Relevant details concerning the failure to pay a road fee

(a) Data concerning the vehicle which was used in the failure

to pay a road fee

Registration number:..........................................

Member State of registration:................................................

Make and model .................................................................

(b)

Data concerning the failure to pay a road fee

Place, date and time where the failure to pay a road fee occurred

Nature and legal classification of the failure to pay a road fee

Detailed description of the failure to pay a road fee

Reference to the relevant legal provision(s)

Description of or reference to the evidence regarding the failure

to pay a road fee

(c) Data concerning the device that was used for detecting the

failure to pay a road fee (2)

Specification of the device

Identification number of the device

Expiry date for the last gauging

(1) Delete if not applicable.

(2) Not applicable if no device has been used.

Page 4

Reply form

(please complete using block capitals)

A.

Identity of the driver

— Full name:.......................................................................

— Place and date of birth:...................................................

— Number of driving licence:.......................... delivered (date)

.......................... and at (place):...............................

— Address:..................................................................................

B.

List of questions

1. Is the vehicle, make................., registration

number

................., registered in your name?................ yes or no (1)

If not, the holder of the registration

certificate

is:.................................................................

(name, first name, address)

2. Do you acknowledge that you failed to pay a road fee? yes

or no (1)

3. If you do not acknowledge this, please explain why

Please send the completed form within 60 days from the date of

this information letter to the following authority or entity

at the following address ............................................

INFORMATION

(Where the information letter is sent by the entity responsible for

levying the road fee pursuant to regulation 4)

If the road fee due is not paid within the deadline set out in this

information letter, this case will be forwarded to and examined by the

competent authority of ............................................

[name of the Member State in whose territory there was a failure

to pay a road fee].

If this case is not pursued, you will be informed within 60 days

after receipt of the reply form or the proof of payment. (1)

/

(Where the information letter is sent by the competent authority

of the Member State)

This case will be examined by the competent authority of .........

[name of the Member State in whose territory there was a failure

to pay a road fee].

If this case is not pursued, you will be informed within 60 days

after receipt of the reply form or the proof of payment. (1)

(1) Delete if not applicable

If this case is pursued, the following procedure applies

[to be filled in by the Member State in whose territory there was a

failure to pay a road fee – what the further procedure will be, including

details of the possibility and procedure of appeal against the decision

to pursue the case. These details shall in any event include: name and

address of the authority or entity in charge of pursuing the case;

deadline for payment; name and address of the body of appeal

concerned; deadline for appeal].

This letter as such does not lead to legal consequences.

Data protection disclaimer

[Where Regulation (EU) 2016/679 is applicable

In accordance with Regulation (EU) 2016/679, you have the right

to request access to, and rectification or erasure of, personal data or

restriction of processing of your personal data or to object to the

processing, as well as the right to data portability. You also have the

right to lodge a complaint with [name and address of the relevant

supervisory authority].

[Where Directive (EU) 2016/680 is applicable

In accordance with Directive (EU) 2016/680, you have the right

to request from the controller access to and rectification or erasure of

personal data and restriction of processing of your personal data. You

also have the right to lodge a complaint with [name and address of the

relevant supervisory authority].]".

B

€1.17