Motor Vehicle Roadworthiness Test (Amendment) Regulations,

L.N. 74 of 2024

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicle Roadworthiness Test (Amendment) Regulations,

IN EXERCISE of the powers conferred by article 54 of the

Traffic Regulation Ordinance, 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 Vehicle

Roadworthiness Test (Amendment) Regulations, 2024 and these

regulations shall be read and construed as one with the Motor Vehicle

Roadworthiness Test Regulations, hereinafter referred to as the

"principal regulations";

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

provisions of the following European Union Directives

(a) Directive 2014/45/EU of the European Parliament

and of the Council of 3 April 2014 on periodic roadworthiness

tests for motor vehicles and their trailers and repealing Directive

2009/40/EC; and

(b) Directive 2014/47/EU of the European Parliament

and of the Council of 3 April 2014 on the technical roadside

inspection of the roadworthiness of commercial vehicles

circulating in the Union and repealing Directive 2000/30/EC.

Regulation 2 of the principal regulations shall be amended

as follows

(a) the definition "VRT certificate" thereof shall be

substituted by the following new definition

""VRT certificate" or "roadworthiness certificate"

means a roadworthiness test report issued by a tester, or a

vehicle testing inspector, containing the result of the

roadworthiness test.";

(b) immediately after the definition “quadricicyle”

thereof there shall be added the following new definition

""Regulation (EC) No 1071/2009" means Regulation

(EC) No 1071/2009 of the European Parliament and of the

Council of 21 October 2009 establishing common rules

concerning the conditions to be complied with to pursue the

occupation of road transport operator and repealing

Council Directive 96/26/EC;"; and

(c) immediately after the definition "undertaking"

thereof there shall be added the following new definition

""vehicle registered in a Member State" means a

vehicle which is registered or put into service in a Member

State;".

Regulation 19 of the principal regulations shall be amended Amends

regulation 19 of

as follows

the principal

regulations.

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

following new sub-regulation

"(2) Every positive test result and every notice of a

negative test result shall be issued in the form of a VRT

certificate indicating at least the standardised elements of

the corresponding harmonised Union codes as stipulated in

the Fifteenth Schedule.";

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

shall be added the following new sub-regulation

"(3a) The results of a roadworthiness test may only be

modified, where appropriate, by the Authority, if, following

an investigation conducted by the same Authority, it results

that the findings of the roadworthiness test are manifestly

incorrect.";

(c)

sub-regulation (4) thereof shall be amended as

follows

(i) in paragraph (a) thereof the words "verification

carried out on a vehicle" shall be substituted by the words

"VRT certificate issued"; and

(ii)

immediately after paragraph (c) thereof there

shall be added the following new paragraph

"(d) The Authority shall retain the required

information in paragraph (a) in accordance with the

applicable provisions of the Data Protection Act for a

period of not less than thirty six (36) months from the

date when such information is received.".

In sub-regulation (2) of regulation 38 of the principal

regulations, the words "Article 18(1) of Directive 2014/47/EU" shall

be substituted by the words "regulation 52(1)".

Immediately after sub-regulation (6) of regulation 40 of the

principal regulations there shall be added the following new sub-

regulation

"(7) The compensation of inspecting officers shall not be

directly related to the results of initial or more detailed technical

roadside inspections.".

In sub-regulation (2) of regulation 46 of the principal

regulations the words "Article 17 of Directive 2014/47/EU" shall be

substituted by the words "regulation 51", and the words "Article 18(2)

of the same Directive" shall be substituted by the words "regulation

52(2)".

In sub-regulation (2) of regulation 49 of the principal

regulations the words "Annex IV of Directive 2014/47/EU" shall be

substituted by the words "the Sixteenth Schedule".

Immediately after regulation 50 of the principal regulations

there shall be added the following new regulations

51. The Authority shall be the designated

"Designation of

contact point.

contact point which shall

(a) ensure coordination with contact

points designated by other Member States as

regards actions taken in accordance with

regulation 52;

(b) forward the data referred to in

regulation 53 to the European Commission; and

(c) ensure, where appropriate, any other

exchange of information with contact points of

other Member States and the provision of

assistance to the contact points of other Member

States.

52. (1) In cases where major or dangerous

deficiencies, or deficiencies resulting in a restriction or

prohibition on the use of the vehicle are found, in a

vehicle not registered in Malta, the Authority shall notify

the results of the inspection to the contact point of the

Member State of registration of the vehicle. Such

notification shall contain the elements of the roadside

inspection report as stipulated in the Sixteenth Schedule

and shall be communicated through the national

electronic register referred to in Article 16 of Regulation

(EC) No 1071/2009.

(2) In cases where major or dangerous

deficiencies are found in a vehicle that has been

inspected, but which is not registered in Malta, the

Authority may request the competent authority of the

Member State in which the vehicle is registered, through

the contact point of that Member State, to take

appropriate follow-up action, such as submitting the

vehicle to a further roadworthiness test as provided for in

regulation 46.

53. (1) Before 31st March 2021 and before

Communication of

31st March every two years thereafter, the Authority

shall communicate to the European Commission, by

electronic means, the data collected relating to the

previous two calendar years and concerning the vehicles

inspected in Malta. Such data shall indicate

(a) the number of vehicles inspected;

(b) the category of vehicles inspected;

(c) the country of registration of each

vehicle inspected;

(d) in the case of more detailed

inspections, the parts verified and the items failed

in accordance with item 10 of the Sixteenth

Schedule.

(2) The first report shall cover the period of two

years beginning on 1 January 2019.

(3) The data referred to in sub-regulation (1)

shall be communicated by electronic means in

accordance with rules which shall be established by the

European Commission concerning the format in which

such data shall be communicated. Until the establishment

of the said rules, the standard reporting form stipulated in

the Seventeenth Schedule shall be used.".

Immediately after the Fourteenth Schedule of the principal

regulations there shall be added the following new Schedules

"FIFTEENTH SCHEDULE

(regulation 19)

Minimum Contents of a Roadworthiness Certificate

The roadworthiness certificate issued following a roadworthiness

test shall cover at least the following elements preceded by the

corresponding harmonised Union codes

(1) Vehicle Identification Number (VIN number or chassis

number);

(2) Registration plate number of the vehicle and country symbol

of the State of registration;

(3) Place and date of the test;

(4) Odometer reading at the time of the test, if available;

(5) Vehicle category, if available;

(6) Identified deficiencies and their level of severity;

(7) Result of the roadworthiness test;

(8) Date of the next roadworthiness test or date of expiry of the

current certificate, if this information is not provided by other means. In

the case of Malta, this information shall be provided in accordance with

regulation 19A;

(9) Name of testing organisation or centre and signature or

identification of the inspector responsible for the test;

(10) Other information.

SIXTEENTH SCHEDULE

(regulation 49, 52 and 53)

SEVENTEENTH SCHEDULE

(regulation 53)

Standard Form for Reporting to the European Commission

The standard form shall be drawn up in a computer-processable

format and transmitted by electronic means using standard office

software. Malta shall produce

-

one single summary table; and

-

for each country of registration of vehicles examined

in a more detailed inspection, a separate detailed table containing

information on checked and detected deficiencies for each vehicle

category.

€0.99