TRANSPORT ENFORCEMENT OFFICERS REGULATIONS

SUBSIDIARY LEGISLATION 499.51

TRANSPORT ENFORCEMENT OFFICERS

REGULATIONS

1st September, 2008

LEGAL NOTICE 40 of 2008, as amended by Legal Notice 156 of 2009;

Act XV of 2009; and Legal Notices 258 of 2011, 93 of 2014, 333 of 2017,

159 and 319 of 2022 and 115 of 2024.

The title of these regulations is the Transport Enforcement

Officers Regulations.

Amended by

L.N. 156 of 2009.

(Regulation 12)

Substituted by

L.N.333 of 2017.

Amended by

L.N. 159 of 2022;

L.N. 319 of 2022;

L.N. 115 of 2024.

Part 1

Legislation which may be enforced by Enforcements Officers

(a)

Traffic Regulation Ordinance (Cap. 65);

(b)

Traffic Signs and Carriageway Markings Regulations (S.L. 65.05);

(c)

Motor Tractors Regulations (S.L. 65.08);

(d)

Motor Vehicles Regulations (S.L. 65.11);

(e)

Motor Vehicles (Wearing of Seat Belts) Regulations (S.L. 65.12);

(f)

Clamping and Removal of Motor Vehicles and Encumbering

Objects Regulations (S.L. 65.13);

(g)

Motor Vehicles (Roadworthiness Tests) Regulations (S.L. 65.15);

(h)

Motor Vehicles (Driving Licences) Regulations

(S.L. 65.18);

(i)

Motor Vehicles (Carriage of Goods by Road) Regulations (S.L.

(j)

Motor Vehicles (Weights, Dimensions and Equipment) Regulations

(S.L. 65.21);

(k)

Motor Vehicles (Carriage of Dangerous Goods by Road)

Regulations (S.L. 65.22);

(l)

Micromobility Regulations (S.L. 65.32);

(m)

Low-Powered Vehicles and Pedal Cycles Regulations (S.L. 65.26);

(n)

Vehicle Access Zones (Control) Regulations

(S.L. 65.31);

(o)

Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 104);

(p)

Motor Vehicles Registration and Licensing Act

(q)

Registration and Licensing of Motor Vehicles Regulations (S.L.

(r)

Placing of Billboards and Advertising on the Road Regulations (S.L.

499.32);

(s)

Light Passenger Transport Services and Vehicle Hire Services

Regulations (S.L. 65.33);

(t)

Passenger Transport Services Regulations

(S.L. 499.56);

(u)

New Roads and Road Works Regulations

(S.L. 499.57);

(v)

Vehicle Hire Services Regulations (S.L. 499.58);

(w)

Taxi Services Regulations (S.L. 499.59);

(x)

Use of Animals and Animal-Drawn Vehicles on the Road

Regulations (S.L. 499.66);

(y)

Micromobility Regulations (S.L. 499.67);

(z)

Light Passenger Transport Services and Vehicle Hire Services

Regulations (S.L. 499.68).

(aa)

Parking Concessions for Persons with Disability Act (Cap. 560)

Part 2

Regulations which can be enforced by

Public Transport Officers

Passenger Transport Services Regulations (S.L.499.56): regulation 68C

(motor route buses may only be used to provide public passenger transport

services), regulation 68D (applicability of regulations to motor route

buses), regulation 68E (duties of drivers of motor route buses), regulation

68F (stopping places for motor route buses), regulation 68G (payment of

fare), regulation 68I (behaviour of motor route bus passenger), regulation

68J (animals), regulation 68K (surveillance camera), regulation 68L

(internal lighting) and regulation 68M (bus stops).

In these regulations, unless the context otherwise requires

"the Authority" means the Authority for Transport in Malta

established by the Authority for Transport in Malta Act;

"arterial and distributor roads" means those roads listed in the Third

Schedule of the Use of Animals and Animal-Drawn Vehicles on the

Road Regulations;

"Enforcement Officer" means any officer employed by the

Authority acting pursuant to a delegation from the Authority;

"motor vehicle" means any mechanically self-propelled vehicle

intended for use on the road;

"passenger transport vehicle" means a motor vehicle that is used

or intended to be used for the purpose of carrying passengers for

hire or reward and for the purpose of these regulations also includes

taxi, motor vehicle for hire and karrozzin;

"public passenger transport service" has the same meaning as

assigned to it in the Passenger Transport Services Regulations;

"Public Transport Officer" means any officer employed by the

Authority acting pursuant to a delegation from the Authority

specifically in relation to public passenger transport services;

"road" means any national arterial, distributor, access and local

access road and any other road to which the public has access, and

includes bridges over which a road passes;

"technical roadside inspection" means an inspection of a

technical nature of a motor vehicle circulating in Malta and carried

out unannounced on the road by the Authority;

"vehicle" includes any carriage, karrozzin, animal drawn cart,

car, motor-car, omnibus, bicycle, e-kickscooter or other means of

transport of any class or description intended for the conveyance or

carriage of persons, corpses or goods by road.

(1) The Authority may appoint Enforcement Officers to

supervise and enforce traffic and transport laws and to operate any

permanent or portable equipment or device used in the enforcement

of such laws in conformity with the Traffic Regulation Ordinance,

the Authority for Transport in Malta Act and the Motor Vehicles

Registration and Licensing Act, the Motor Vehicles Insurance

(Third Party Risks) Ordinance, and with any regulations issued

under the said laws, and to perform such functions as the Authority

may specify.

(2) The Authority may appoint Public Transport Officers to

supervise and enforce the regulations regarding public passenger

transport services in accordance with the Passenger Transport

Services Regulations and the contract for the operation of public

passenger transport services awarded by the Authority in terms of

the Authority for Transport in Malta Act; and to operate any

permanent or portable equipment or device used in the enforcement

of such regulations and contract and to perform such functions as

the Authority may specify.

Enforcement Officers shall wear such uniform as the

Authority may determine and they may only act as Enforcement

Officers and Public Transport Officers when they are wearing such

uniform unless directed otherwise by the Authority.

The Authority shall provide to Enforcement Officers and

Public Transport Officers an identification tag which shall be worn

in a conspicuous place while carrying out their duties or functions

under these regulations.

The Authority may also appoint a Manager or any other

official who shall be entrusted with the general direction and

supervision of Enforcement Officers and Public Transport Officers,

and who shall also be vested with the same powers given to

Enforcement Officers by regulation 3.

(1) Enforcement Officers shall have the power to demand,

obtain and note the particulars of any owner or driver of a vehicle

and of any passenger in a vehicle in which the Enforcement Officer

has reasonable grounds for believing that such person is

committing or has committed an offence to which these regulations

apply.

(2) Enforcement Officers shall have the power to order the

alighting of any driver or passenger from any vehicle.

(3) Enforcement Officers shall also have the power to

(a) order the alighting or carrying of passengers from or

on any passenger transport vehicle;

(b) demand and obtain information from any passenger,

owner or driver of a passenger transport vehicle,

relating to the identity of such person or to details of

any passenger transport vehicle or passenger transport

service;

(c) order any owner or driver of a passenger transport

vehicle to discontinue any trip where any Enforcement

Officer deems that such a measure is necessary in the

interests of public order or safety;

(d) give such other orders or directives to drivers of any

passenger transport vehicle so as to ensure that they

perform their duties in accordance with the laws and

regulations relating to passenger transport services;

(e) demand and note the particulars of any person who

commits an offence relating to passenger transport, or

otherwise hinders the proper operation of the public

passenger transport system.

(4) Enforcement Officers shall have the authority to issue and

hand over to the driver of, or affix to the windscreen of any vehicle

which in their opinion was used in the commission of an offence or

contravention against the regulations listed in the Schedule, a notice

containing a general description of the offence or contravention and

the applicable penalty and any other requirements as the Authority

may prescribe.

Enforcement Officers shall have the power to stop any

vehicle on the road, including vehicles registered in another

country, and to carry out random technical roadside inspections

thereon and inspections of all licences and other documents

relating to such vehicle or licence relating to the driver.

(1)

Where it is found that a vehicle -

(a) is defective and not roadworthy,

(b) does not comply with the permissible load weights and

dimensions as provided for in the Motor Vehicles

(Weights, Dimensions and Equipment) Regulations,

(c) is carrying dangerous goods in breach of the Motor

Vehicles (Carriage of Dangerous Goods by Road)

Regulations,

(d) is parked or left unattended in an area specifically

indicated as a clamping or towing zone,

(e) does not have a valid circulation licence issued by the

Authority affixed to its windscreen,

(f)

has a circulation licence which has expired by more

than one month to be reckoned from the last day of the

month in the calendar year shown or indicated on the

circulation licence affixed to the windscreen of that

motor vehicle,

(g) being a vehicle hired or leased from a vehicle hire

undertaking licensed in another Member State which

has been brought into Malta, is not in conformity with

the provisions of the Registration and Licensing of

Motor Vehicles Regulations,

(h) being a motor vehicle bearing foreign registration

plates, is not properly licensed for use on the roads in

Malta,

(i)

is not in conformity with all relevant rules and

regulations in order for such vehicle to be used on the

roads in Malta,

(j)

is on the road in breach of the Motor Vehicles

Registration and Licensing Act and any regulations made

thereunder,

Enforcement Officers shall have the power to clamp or

remove the said vehicle and to take all necessary actions in terms of

the Clamping and Removal of Motor Vehicles and Encumbering

Objects Regulations

Provided that for vehicles falling under paragraphs (a), (b)

and (c) above, Enforcement Officers shall also have the power to issue

a prohibition notice to prohibit the further use of the vehicle until the

fault has been rectified and compliance with the regulations is

achieved.

(2) Where a motor vehicle is found to be defective and not

roadworthy, Enforcement Officers may also order the temporary

withdrawal from the road of that vehicle, by having such vehicle

towed or removed by such other means as are reasonable in the

circumstances, for the purpose of an immediate submission to a

road worthiness or other mechanical test.

(3)

Enforcement Officers shall also have the power to

(a) remove any encumbering object or vehicle which is in

a place or space which is not lawfully permitted to be

used for such purpose, or which is obstructing the free

course of traffic or which is in a place or space

specifically indicated as a towing zone;

(b) remove any encumbering object or vehicle which is

causing any nuisance, inconvenience or obstruction in

a bus terminus or on a bus stage or in a bus bay or in a

bus lay-by or in an emergency lane or in a space

reserved for the charging of electric vehicles or in a

solar car port or on any stand reserved for passenger

transport vehicles or in any other sites which, in terms

of law, cannot be used for the parking of vehicles or

the placing of any encumbering objects.

An Enforcement Officer may, at any time during the

normal working day, enter any registered premises of an authorized

public passenger transport operator or goods transport operator, or

motoring school, or authorised vehicle testing station, and upon

such entry shall be entitled to inspect vehicles, any records or

certificates or copies thereof relating to vehicles’ roadworthiness

tests, operators’ licences and any other docum ent s or such

information as such Officer may reasonably require with respect to

any of the said matters.

Public Transport Officers shall have the authority to

(a) carry out inspections on any motor route bus and

report back to the Authority any encountered breaches

of the regulations listed in Part 2 of the Schedule and

of the contract for the operation of public passenger

transport services awarded by the Authority in terms

of the Authority for Transport in Malta Act;

(b) order a driver of a motor route bus to stop working if

in his opinion, the driver is not properly dressed;

(c) hand over to the driver of, or affix to the windscreen of

a motor route bus which in their opinion was used in

the commission of an offence or contravention against

the regulations listed in Part 2 of the Schedule or the

contract for the operation of public passenger transport

services awarded by the Authority in terms of the

Authority for Transport in Malta Act or, where such

offence or contravention has been committed by an

officer or employee of the bus operator, hand over to

such officer or employee, a notice containing a general

description of the offence or contravention and the

applicable penalty and any other requirements as the

Authority may prescribe;

(d) order any driver of a motor route bus to discontinue

any scheduled trip where they deem that such a

measure is necessary in the interests of public order or

safety;

(e) give such other orders or directives to drivers of any

motor route bus so as to ensure that they perform their

duties in accordance with the laws and regulations

relating to public passenger transport service;

(f)

demand and note the particulars of any person who

commits an offence or contravention relating to public

passenger transport, or otherwise hinders the proper

operation of the public passenger transport system;

(g) demand and obtain from any passenger using the

public passenger transport service proof that he has

paid the applicable fare for that public passenger

transport service;

(h) demand and obtain from any passenger using the

public passenger transport service payment of the fare

and penalty fare, where due, or proof of such payment

in the event that this has already been effected, to the

driver or the motor route bus inspector;

(i) demand and obtain from any passenger who refuses to

pay the appropriate fare and/or the penalty fare

information relating to his details for the purposes of

taking legal action against that passenger in terms of

the Passenger Transport Services Regulations;

(j)

carry out any inspections at workstations in order to

ensure compliance with contractual requirements

Provided that Enforcement Officers shall also be vested

with the powers granted to Public Transport Officers in this

regulation.

Enforcement Officers shall have the power to enforce the

regulations listed in Part 1 of the Schedule in all roads and public

areas and Public Transport Officers shall have the power to enforce

the regulations listed in Part 2 of the Schedule

Provided that Enforcement Officers shall also have the power

to enforce the regulations listed in Part 2 of the Schedule..

(1) When an Enforcement Officer or Public Transport

Officer or any other official appointed by the Authority is carrying

out duties or functions under these regulations, no person shall give

any false or misleading details or make any false or misleading

statement to the Enforcement Officer or Public Transport Officer or

o t her off i c i a l, o r o th e r w is e w i lf u ll y h in d e r o r o bs tr u c t t he

Enforcement Officer or official in the exercise of his powers or

duties, or unduly interfere in the exercise thereof or in any manner

w ha t s oe v e r, o r r e fu s e to co mp ly w it h any l a wf u l or der s o r

directives which such Enforcement Officer or official may give in

the execution of his powers or duties.

(2) Whosoever shall hinder or obstruct any Enforcement

Officer or any other official appointed by the Authority under these

regulations in the exercise of his powers or duties, or unduly or in

any manner whatsoever interfere in the exercise thereof, or refuse

to comply with any orders or directives which such Enforcement

Officer or Public Transport Officer or official may give in the

execution of his powers or duties, shall, on conviction, be liable,

and without prejudice to any higher punishment to which the

offence may be liable under any other law, to a fine (multa) of not

less than one hundred and twenty euro (€120) and not exceeding

two hundred and fifty euro (€250) for a first conviction, and to a

fine (multa) of not less than two hundred and fifty euro (€250) and

not exceeding one thousand and two hundred euro (€1,200) for

each subsequent conviction.

(3) Any person whose name or address is requested or

demanded of him under these regulations and who refuses or fails

to give such name or address, or gives a name or address which is

false or misleading, shall be guilty of an offence and shall, upon

conviction, be liable to a fine (multa) not exceeding one hundred

and twenty euro (€120).

TRANSPORT ENFORCEMENT OFFICERS