MOTOR VEHICLES (EXCHANGE OF DATA) REGULATIONS

SUBSIDIARY LEGISLATION 499.62

MOTOR VEHICLES (EXCHANGE OF DATA)

REGULATIONS

22nd August, 2014

LEGAL NOTICE 286 of 2014, as amended by Legal Notice 169 of 2015.

The title of these regulations is the Motor Vehicles

(Exchange of Data) Regulations.

(Regulation 2)

Road safety related traffic offences covered by the Directive and relative

provisions in national legislation

Offence

Legislation

(a)

speeding

regulation 127 of the Motor Vehicles Regulations

(S.L.65.11); Second Schedule to the Traffic

Regulation Ordinance (Cap.65)

(b)

non-use of seat-belt

regulations 3 and 4 of the Motor Vehicles (Wearing

of Seat Belts) Regulations (S.L.65.12)

(c)

failing to stop at a red

regulation 125(2) and (3) of the Motor Vehicles

traffic light

Regulations (S.L.65.11)

(d)

drink-driving

articles 15A, 15B(1) and 15H of the Traffic

Regulation Ordinance (Cap.65)

(e)

driving

under

the

articles 15A and 15H of the Traffic Regulation

influence of drugs

Ordinance (Cap.65)

(f)

failing to wear a safety

regulation 123 of the Motor Vehicles Regulations

helmet

(S.L.65.11) and regulations 10 and 21 of the Low-

Powered Vehicles and Pedal Cycles Regulations

(S.L.65.26)

(g)

use of a forbidden lane

regulation 90(4) of the Motor Vehicles Regulations

(S.L.65.11)

(h)

illegally using a mobile

regulation 115 of the Motor Vehicles Regulations

telephone or any other

(S.L.65.11)

communication devices

while driving

In these regulations -

"the Act" means the Authority for Transport in Malta Act;

"the Authority" means the Authority for Transport in Malta

established under the Act;

"automated search" means an online access procedure for

consulting the database of a competent authority;

"competent authority" means an authority which shall have the

power to access the database of vehicle registration of a national

contact point in another Member State for the purpose of the

provisions of the Directive and of Council Decision 2008/615/JHA;

"Council Decision 2008/615/JHA" means Council Decision

2008/615/JHA of 23 June, 2008 on the stepping up of cross-border

cooperation, particularly in combating terrorism and cross-border

crime;

"Council Decision 2008/616/JHA" means Council Decision

2008/615/JHA of 23 June, 2008 on the implementation of Council

Decision 2008/615/JHA;

"data" means any information which is mandatory under Annex I

to the Directive and Chapter 3 of the Annex to Council Decision

2008/616/JHA and which is required for the identification of a

motor vehicle and its owner or holder or operator;

"the Directive" means Directive 2015/413/EU of the European

Parliament and of the Council of 11 March, 2015 facilitating the

cross-border exchange of information on road safety related traffic

offences, as may be amended;

"European Union" has the meaning assigned to it in the European

Union Act;

"holder of the vehicle" means the person in whose name a

vehicle is registered;

"local enforcement agencies" means the Police or the local

enforcement system;

"local enforcement system" shall include community officers

operating in the context of the community officers services as

defined by article 2 of the Private Guards and Community Officers

Act, and any other service provider involved in the management of

the local enforcement system;

"Member State" means a Member State of the European Union;

"national contact point" means a competent authority designated

for the exchange of vehicle registration data;

"scheduled road traffic offence" means any of the road traffic

offences listed in the Schedule.

(1) The Authority is designated as the national contact

point for incoming requests for the supply of data pursuant to

Article 4(1) of the Directive and also for incoming requests for the

supply of data pursuant to Article 12(1) of Council Decision 2008/

615/JHA.

(2) The Authority and the local enforcement agencies are

designated as the national competent authorities for outgoing

requests to the national contact points in other Member States

pursuant to Article 4(2) of the Directive.

(3) The Police and the Authority are designated as the national

competent authorities for outgoing requests pursuant to Article

12(1) of Council Decision 2008/615/JHA.

(1) The Authority shall allow its vehicle registration

database to be accessed by national contact points or competent

authorities in other Member States to conduct automated searches

to obtain data on vehicles and on their holders or owners or

operators pursuant to Article 4(1) of the Directive or pursuant to

Article 12(1) of Council Decision 2008/615/JHA.

(2) The local enforcement agencies shall have the power to

access the vehicle registration database in another Member State

for the purpose of obtaining vehicle and vehicle ownership data in

respect of a vehicle involved in any of the road safety related traffic

offences listed in the Schedule while that vehicle was being used in

Malta.

(3) The Police and the Authority shall have the power to access

the vehicle registration database in another Member State for the

purpose of obtaining data on vehicles and their owners or operators

pursuant to Article 12(1) of Council Decision 2008/615/JHA.

(4) The data to be provided, or obtained, on the vehicle and on

the holder or owner or operator of the vehicle shall be in

compliance with Annex I to the Directive or the data specified in

Chapter 3 of the Annex to Council Decision 2008/616/JHA, as the

case may be.

(1) Data obtained by a competent authority in Malta from a

national contact point in another Member State or data obtained by

a competent authority in another Member State from the national

contact point in Malta through automated searches shall not be used

for any reason other than to establish the identity of the owner or

holder of a vehicle involved in a scheduled road traffic offence or

to establish the identity of the owner or operator of a vehicle for the

purposes of Article 12 of Council Decision 2008/615/JHA.

(2) Any personal data processed under these regulations shall

be processed and used in accordance with the provisions of 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 and Chapter 6 of Council Decision 2008/615/JHA.

(3) A person who is the owner or holder or operator of a

vehicle which is registered with the Authority whose details have

been obtained by a competent authority in another Member State in

terms of these regulations, may request and shall be given by the

Authority, information on personal data transmitted to that State,

including the date of the request for such data by the competent

authority of that State and the name of the said competent authority.

Such request by the data subject shall be submitted in accordance

with article 16 of the Data Protection Act.

(4) Where a data subject suffers damage as a result of unlawful

processing of data he shall be entitled to exercise an action for

damages in accordance with article 30(2) of the Data Protection

Act.

(5) Data obtained under these regulations shall not be kept for

more than two years by any of the competent authorities obtaining

such data.

MOTOR VEHICLES (EXCHANGE OF DATA)