USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES ON THE ROAD REGULATIONS

SUBSIDIARY LEGISLATION 499.66

USE OF ANIMALS AND ANIMAL-DRAWN

VEHICLES ON THE ROAD REGULATIONS

25th February, 2016;

25th June, 2016

LEGAL NOTICE 432 of 2015, as amended by Legal Notices 125 of 2018

and 345 of 2021.

Part I

PRELIMINARY

(1) The title of these regulations is the Use of Animals and

Animal-drawn Vehicles on the Road Regulations.

(2) These regulations other than paragraphs (c), (d) and (e) of

sub-regulation (2) and sub-regulations (1), (7), (9) and (10) of

regulation 3, regulation 4 and paragraphs (b) and (c) of sub-

regulation (2) of regulation 6 shall come into force two months

after the date of publication of these regulations.

(3) Paragraphs (c), (d) and (e) of sub-regulation (2), sub-

regulation (9) of regulation 3 and paragraphs (b) and (c) of sub-

regulation (2) of regulation 6 shall come into force six months after

the date of publication of these regulations.

(4) Sub-regulations (1), (7) and (10) of regulation 3 and

regulation 4 shall come into force two months after the date of

publication of these regulations in respect of animal-drawn vehicles

licensed under Licences A and B, and six months after the date of

publication of these regulations in respect of animals and animal-

drawn vehicles licensed under Licences C, D and E.

(Regulations 3, 5, 10, 13, 16, 28)

Licence fees and other fees

New Vehicle and Animal Licences

New Licences B, C and D* ....................................................

New Licence A (Karrozzin licence)* .....................................

Special licence in respect of Licence D vehicles* ..................

New Licence E* ....................................................................

Vehicle and Animal Licences Renewals

Licences B, C and D (every year)* ........................................

Licence A (Karrozzin licence) (every year)* .........................

Special licence in respect of Licence D vehicles (every year)*

Licence E (every year)* ........................................................

Identification number plate (or replacement) for Licence A

and Licence B .......................................................................

Identification number plate (or replacement) for Licence C ...

Identification number other than a number plate (or

replacement) for Licence D and Licence E .............................

5-Year Operator’s licence .....................................................

Driving licence (annually)* ..................................................

Duplicate/Replacement Licences ...........................................

Tag and replacement .............................................................

Administrative fee for the issue of an Operator’s Licence or

vehicle Licences A and B or driving Licences X and Y ..........

Test for a driving Licence X or driving Licence Y or driving

Licence Z ..............................................................................

Fee for vehicle inspection .....................................................

*

fees collected from these licences shall be on account of the Consolidated Fund.

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

In these regulations, unless the context otherwise requires

"animal" means, for the purposes of these regulations, any

animal capable of being harnessed or ridden under saddle, when

used for the conveyance or carriage of persons, including, in the

case of an animal under saddle, its rider, or goods by road, whether

the said persons or goods are carried on its back or on an animal-

drawn vehicle;

"animal-drawn vehicle" means any carriage which is designed,

constructed and primarily intended to be drawn by one or more

animals to be used for the carriage of persons or goods, or for the

carriage of both persons and goods, by road and it includes any

animal-pulled cart, karrozzin, karrozzella, serkin, xarretta and

animal-drawn hearse;

"animal-drawn hearse" means an animal-drawn carriage used for

the conveyance of corpses in coffins, for hire or reward;

"authorised officer" means a Police Officer, a Community

Officer or an officer of the Authority;

" A u t h o r i t y " m e a n s t h e A u t h o r i t y f o r Tr a n s p o r t i n M a l t a

established under the Authority for Transport in Malta Act;

"community officer" shall have the same meaning assigned to it

in the Private Guards and Community Officers Act;

"driver" means any person who drives the animal-drawn vehicle

and, or the animal under saddle even for a short period and in the

Maltese text includes kuċċier;

"fiscal receipt" has the same meaning as assigned to it in the

Thirteenth Schedule to the Value Added Tax Act;

''hire or reward'' means the carriage of goods or persons other

than those carried out for non-commercial purposes or for private

use, that is to say against payment or compensation, whether such

payment or compensation is made directly or indirectly;

"karrozzin" means an animal-drawn vehicle having at least four

wheels and with a compartment separate from the driver which is

licensed to be used for the conveyance of passengers by road for

hire or reward;

"karrozzin stand" means a location, approved by the Authority,

where an owner, operator or driver of a karozzin shall park his

vehicle while waiting for customers;

"operator" means any person who is authorized to operate a

karrozzin;

"operator ’s licence” means a licence issued by the Authority

under the terms of Part IV;

"owner" means the person in whose name an animal or an

animal-drawn vehicle is licensed;

"passenger" means any person who travels in or on an animal-

drawn vehicle but who is not the driver thereof;

"road" has the same meaning as is given to it in the Authority for

Transport in Malta Act;

"serkin" means a two-wheeled vehicle intended to be used by one

person and drawn by one animal;

"street hawker" means, for the purposes of these regulations, a

street hawker as defined in the Trading Licences Regulations who

plies his trade by means of an animal-drawn vehicle;

"tag" means an official means of identification issued by the

Authority granting the holder thereof the right to drive an animal-

drawn vehicle for hire or reward;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established by article 5 of the Administrative Justice Act;

"under saddle" means any animal ridden on its back with or

without a saddle;

"veterinary surgeon" means a veterinary surgeon holding a

warrant to practice as such issued in accordance with the Veterinary

Services Act;

"xarretta" means an animal-driven vehicle intended to be used

by two persons and drawn by one animal.

Part II

ANIMALS AND ANIMAL-DRAWN VEHICLES

TO BE LICENSED

(Regulation 18)

Maximum fares to be charged by karrozzini drivers

The following maximum fares shall be charged by time for the hiring of a horse-

drawn vehicle per trip

Fare for the first half-hour or part thereof ...........................

€35

For each subsequent 15 minutes or part thereof ..................

€15

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

(1) No animal or animal-drawn vehicle may be used or

permitted or caused to be used on the road unless it is licensed for

such purpose by the Authority.

(2) Animal and animal-drawn vehicle licences shall be divided

into the following categories

(a) Licence A: issued to a karrozzin;

(b) Licence B: issued to any other animal-drawn vehicle

that is used for the conveyance of passengers for hire

or reward other than a karrozzin, and to an animal-

drawn hearse;

(c) Licence C: issued to an animal-drawn vehicle used for

the carriage of goods or by a street hawker;

(d) Licence D: issued to an animal-drawn vehicle, which

is neither used for hire or reward nor for the carriage

of goods nor by a street hawker, which may include a

serkin, a xarretta and vintage and traditional animal-

drawn vehicles; and

(e) Licence E: issued with regards to an animal which is

used for riding under saddle.

(3) No licence shall be issued under any of the categories

specified in sub-regulation (2) unless the applicant for any such

licence shall, together with the application, present an animal’s

identity document, including the animal’s identification number

issued by the Director of Veterinary Services and a certificate on

the animal’s general physical condition issued by a licensed

veterinarian for each animal to be used under the said licence

certifying that the animal is fit to be used for the purpose of the

said licence.

(4) All licences shall be issued and renewed annually against

the fees established in the First Schedule

Provided that a person who has more than one animal or

animal-drawn vehicle for which a Licence D is required may opt to

have those animals or animal-drawn vehicles covered by a special

licence covering a multiplicity of animals and, or animal-drawn

vehicles. The fee for such a licence shall be that prescribed in the

First Schedule.

(5) No licence for an animal-drawn vehicle shall be issued or

renewed unless the Authority is satisfied that the animal-drawn

vehicle is fit for use and provided with such fittings and accessories

as in the opinion of the Authority may be necessary for the safety

and convenience of passengers and third parties.

(6) No such licence shall be issued or renewed unless the

animal-drawn vehicle is already covered by an insurance policy as

provided for in regulation 4.

(7) An animal which is used under saddle and an animal-drawn

vehicle licensed under these regulations shall be allotted by the

Authority an identification number which shall be of such nature,

material, pattern, colour and size as the Authority shall determine.

(8) Where an identification number plate is issued, it shall be

kept in clear view and clean at all times.

(9) Where an identification number other than a number plate

is issued by the Authority, the driver of the animal-drawn vehicle or

the rider of the animal under saddle, as the case may be, shall be

obliged to keep such identification number in clear view in such a

manner as may be prescribed by the Authority from time to time

whilst driving the animal-drawn vehicle or riding the animal under

saddle on the road.

(10) An animal under saddle or an animal-drawn vehicle without

such identification number as assigned to it by the Authority shall

not be used on the road.

(11) No other letter, number or mark, except those authorised by

the Authority, shall be permitted on the identification number.

(12) No animal or animal-drawn vehicle licensed under

Category D or E may be used on the road unless its rider or driver,

as the case may be, wears a high visibility vest at all times.

(13) No person may ride any animal on the road without the use

of a saddle.

(14) Only persons who hold a karrozzin licence on the date of

publication of these regulations shall qualify to hold a Licence A

and any such persons shall have the right to continue to operate a

karrozzin

Provided that an application for an operator’s licence in

terms of regulation 7, including the documents and certificates

required in sub-regulation (3) of this regulation, is filed by such

persons not later than two months from the date of publication of

these regulations.

(Regulation 25)

Arterial and distributor roads on which animals or animal-drawn vehicles not used

for hire or reward shall not circulate on any day between 07:00 hours and 09:00

hours and between 16:00 hours and 18:00 hours, except on Saturdays,

Sundays and Public Holidays

IN MALTA

Attard: Triq in-Nutar Zarb, Triq Ħaż-Żebbuġ, Triq Notabile, Triq Iż-Żagħfran,

Vjal de Paule, Triq l-Imdina, Vjal de Paule-Triq Birbal-il-Wied

Baħar iċ-Ċagħak: Triq il-Kosta

Balzan: Vjal De Paule, Triq Birbal, Triq l-Imdina, Triq in-Naxxar

Birgu: Triq San Dwardu, Triq il-Kottonera

Birkirkara: Il-By-Pass ta’ Birkirkara, Triq Dun Karm, Triq in-Naxxar, Triq il-

Wied, Triq Fleur-De-Lys, Triq Salvu Psaila

Birżebbuġa: Triq Iż-Żejtun, Triq Ħal Far

Bormla: Triq San Ġwann t’Għuxa, Triq il-Ġdida, Triq San Franġisk, Triq San

Nikola, Triq l-Immakulata, Triq Fuq San Pawl, Triq Għajn Dwieli, Triq it-Tlett

Ibliet/it-Telgħa ta’ Għajn Dwieli, Triq il-Ġublew tal-Fidda, Triq il-Kottonera, Triq

Bormla

Blata l-Bajda: Triq Nazzjonali

Burmarrad: Triq Toni Camilleri

Fgura: Triq San Nikola, Triq Għajn Dwieli, Triq Iż-Żejtun, Triq id-Dejma

F l o r i a n a : Tr i q S a n t ’ A n n a , M i s r a ħ S a n t ’ A n n a , Tr i q N a z z j o n a l i , Tr i q l -

Indipendenza

Għargħur: Triq tal-Balal

Għaxaq: Triq tal-Barrani, Wesgħa Bir id-Deheb, Dawret Ħal-Għaxaq

Gudja: Triq Ħal Far, Vjal l-Avjazzjoni, Dawret Ħal Għaxaq, Dawret il-Gudja

Gżira: Triq Reġjonali, Triq Mikiel Anton Vassalli

Ħamrun: Triq l-Indipendenza, Triq Nazzjonali

Iklin: Triq tal-Balal, Triq in-Naxxar

Kirkop: Triq il-Belt Valletta, Triq l-Industrija, Triq Dun Ġużepp Barbara, Triq San

Ġwann

Lija: Triq in-Naxxar, Triq il-Mosta

Luqa: Triq il-Kunsill ta’ l-Ewropa, Vjal l-Avjazzjoni

Marsa: Triq Diċembru 13, Triq Nazzjonali, Triq Ħal Qormi, Triq Aldo Moro, Triq

il-Labour, Xatt l-Għassara tal-Għeneb, Triq it-Tiġrija Bypass, Vjal Sir Paul Boffa,

Triq Giuseppe Garibaldi

Marsaskala: Triq Sant’Antnin

Marsaxlokk: Triq Iż-Żejtun, Triq Marsaxlokk, Triq Birżebbuġa, Triq Axtart, Triq

Melqart, Triq Bir-Rikka

Mdina: Triq Tal-Infetti

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

Mellieħa: Triq il-Marfa, Dawret il-Mellieħa, Triq Louis Wettinger, It-Telgħa tax-

Xemxija

Mġarr: Triq Fisher, Triq iż-Żebbiegħ, Triq Il-Mosta, Triq ta’ Xifer il-Kief

Mosta: Triq il-Belt Valletta, Triq il-Kostituzzjoni, Triq il-Kungress Ewkaristiku,

Misraħ Rotunda, Triq ta’ Xifer il-Kief , Vjal l-Indipendenza, Triq il-Kbira, Triq San

Pawl tal-Qliegħa, Vjal Millbrae, Triq il-Missjunarji Maltin, Triq Burmarrad

Mqabba: Triq il-Belt Valletta

Msida: Triq Mikiel Anton Vassalli, Ix-Xatt tal-Imsida, Triq il-Wied tal-Imsida,

Misraħ tal-Menqa/Misraħ Ġuze Ellul Mercer, Triq Dun Karm

Naxxar: Triq is-Salini (il-parti mis-Salini sa Kennedy Grove), Triq il-Mosta, Triq

tal-labour

Paola: Vjal Sir Paul Boffa, Vjal Santa Luċia, Triq Kordin, Triq Għajn Dwieli,

Triq Ħal Luqa, Triq Giuseppe Garibaldi

Pembroke: Triq is-Slielem, Triq Sant’ Andrija

Pietà: Triq Marina

Qormi: Triq Manwel Dimech, Triq Ħal Qormi, Triq l-Imdina, Triq is-Sebħ, Triq

Ġużè Duca, Mrieħel Bypass

Rabat: Triq Valletta, Triq G. Borg Olivier, Triq Nikol Saura, Triq Telgħa tas-

Saqqajja, Triq Ħal-Tartani, Triq ta’ Xifer il-Kief, Triq tal-Infetti

Safi: Triq San Ġwann (from 15th September to 15th June)

San Ġiljan: Triq Reġjonali, Triq Mikiel Anton Vassalli

San Ġwann: Triq Birkirkara, Triq in-Naxxar, Vjal ir-Riħan, Triq Dun Karm, Triq

Reġjonali, Triq Mikiel Anton Vassalli

San Pawl il-Baħar: Xatt il-Pwales, It-Telgħa tax-Xemxija, Triq ta’ Xifer il-Kief,

Kennedy Drive, Dawret San Pawl il-Baħar; Triq Burmarrad, Triq Toni Camilleri

Santa Lucija: Triq Bir id-Deheb, Triq Ħal Luqa

Santa Venera: Triq il-Ferrovija, Triq Reġjonali, Triq Salvu Psaila, Triq il-Kanun,

Il-Mini ta’ Santa Venera

Siġġiewi: Triq is-Siġġiewi

Swieqi: Triq Sant’ Andrija, Triq is-Slielem, Triq Reġjonali

Tarxien: Triq Bir id-Deheb, Triq San Anard, Triq id-Dejma, Triq il-Gudja

Żabbar: Triq tal-Labour, Triq il-Mina ta’ Hompesh, Triq Sant’ Antnin tal-Plier,

Triq iż-Żejtun, Triq l-10 ta' Settembru 1797

Żebbuġ: Triq is-Siġġiewi, Triq l-Imdina, Triq Ħ’Attard, Triq Ħaż-Żebbuġ

Żejtun: Triq Id-Dejma, Triq Il-Gudja, Triq tal-Barrani, Wesgħa Bir Id-Deheb, Triq

Marsaxlokk, Triq Dun Ġuzepp Barbara

Żurrieq: Triq il-Belt Valletta, Triq Dun Ġużepp Barbara

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

IN GOZO

Fontana: Triq L-Isptar San Ġiljan, Triq Tal-Għajn, Triq Ta' Għajn Tuta

Għajnsielem: Triq Ta’ Xħajma, Triq L-Imġarr, Triq Sant' Antnin, Triq Ix-Xatt

Munxar: Triq Xlendi, Triq Santa Duminka, Triq Marziena

Nadur: Triq it-Tiġrija, Triq il-Knisja, Triq Ħanaq, Triq ir-Ramla l-Ħamra, Triq

Għajn Qasab, Triq ir-Rabat, Triq San Ġwann, Triq l-Imġarr

Qala: Triq Il-Qala, Triq l-Imġarr, Triq it-28 ta’ April 1688, Triq San Ġużepp

Rabat: Triq l-Arcisqof P. Pace, Triq il-Wied, Triq San Leonardu, Triq Fortunato

Mizzi, Triq Għajn Qatet, Triq Sta Duminka, Triq it-Tabib Anton Tabone, Triq ir-

Repubblika, Triq Sant’ Ursola, Triq l-Imgħallem, Triq ta’ Wara s-Sur, Triq Forni il-

Ġir, Triq il-Kapuċċini, Triq Marija Meilaq, Triq l-Ewropa, Triq Viani, Triq it-

Tomba, Triq id-Dawwara, Triq Gedrin, Triq Il-Papa Ġwanni Pawlu II, Triq Mro

Dirjanu Lanzon, Triq Putirjal, Triq L-Imġarr

Xewkija: Triq L-Imġarr, Triq Ta' Hamet, Triq Ta' Xħajma, Triq is-Sannat, Triq Ix-

Xewkija, Triq tal-Ħamrija, Triq L-Indipendenza

Żebbuġ: Triq Ir-Rabat, Triq iż-Żebbuġ, Triq Marsalforn

(1) It shall not be lawful for any person to use or to cause

or permit any other person to use an animal or an animal-drawn

vehicle on the road unless there is in force in relation to the said

animal or animal-drawn vehicle such policy of insurance in respect

of third party risks as complies with sub-regulation (2).

(2) In order to comply with the requirements of this regulation

a policy of insurance in respect of an animal or an animal-drawn

vehicle on the roads in Malta must be a policy which is issued by an

authorised insurer and which indemnifies the person, persons or

classes of persons specified in the policy in respect of any liability

which may be incurred by him or them in respect of the death of or

bodily injury to any person, or damage to any property caused by

the said animal or animal-drawn vehicle (including the animal

drawing the animal-drawn vehicle) for a total liability which shall

not be less than two hundred and fifty thousand euro (€250,000)

with regard to animal-drawn vehicles licensed under Categories A,

B and C and not less than one hundred and twenty-five thousand

euro (€125,000) with regard to animals and animal-drawn vehicles

which are, at the time of the accident, licensed under Categories D

and E.

(3) An insurer shall issue to every holder of a policy issued by

him a certificate of insurance which shall be duly authenticated by

him or by someone on his behalf.

(4) The Authority shall, if so requested by a person who alleges

that he has suffered any damage or personal injury as a result of an

accident involving an animal or an animal-drawn vehicle, or by

such person’s insurer, furnish to that person or to such person’s

insurer, as the case may be, all information at its disposal relative

to the animal or animal-drawn vehicle and to the identity and

address of the person in whose name the licence for such animal or

animal-drawn vehicle has been issued. Furthermore the person in

whose name the licence for the animal or the animal-drawn vehicle,

as the case may be, has been issued shall, without delay, if so

requested by the persons involved in a road traffic accident, inform

such persons of the identity of the insurer covering the liability of

any animal or animal-drawn vehicle involved in the accident.

(5) Any person riding an animal under saddle on the road and

any driver of an animal-drawn vehicle who has committed an

offence under this regulation shall be obliged to give his name and

address and should he fail to do so or give a false name or address,

he shall be guilty of an offence under these regulations.

(6) A person holding a licence of an animal or animal-dawn

vehicle shall, if required so to do, give any information which it is

in his power to give and which may lead to the identification and

apprehension of the rider of the animal or the driver of the animal-

drawn vehicle (of which animal or vehicle that person is the licence

holder) who may have committed an offence or who may have been

involved in an accident resulting in personal injury or damage to

any vehicle, animal or other property; and should he fail to do so or

give false information, he shall be guilty of an offence under these

regulations.

(Regulation 26)

Roads on which animal races may be held with the prior written authorisation of the

Authority

IN MALTA

Triq Ta’ Srina; Rabat

Triq San Ġuzepp; Żejtun/Żabbar

IN GOZO

Triq Tax-Xagħra

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

(1) No animal or animal-drawn vehicle licensed under

these regulations may be transferred to another person without that

transfer being registered with the Authority.

(2) Any person who agrees to sell, or sells, or otherwise

disposes of an animal or an animal-drawn vehicle licensed under

these regulations shall, within seven days from such sale or

disposal, deliver to the Authority the relative licence, together with

the transfer of animal or animal-drawn vehicle form.

(3) The Authority shall then license the animal or animal-

drawn vehicle in the name of the new owner and it shall issue a new

licence to the new owner against such fee as is established in the

First Schedule.

Part III

DRIVING LICENCE

(Regulation 30)

ADMINISTRATIVE PENALTIES AND PENALTY POINTS

Column 1

Column 2

Column 3 Column 4

Column 5

Regulation

Offence

Penalty (€)

Penalty

Operator

Driver

points

3(4)

Failure to renew vehicle licence

3(8)

Identification number plate to be in clear

view and kept clean at all times

3(11)

Identification number plate showing

unauthorized letters, number or marks

10(2)

Driver not in possession of licence

12(1)

- Animal-drawn vehicle not in good

working condition

- Brakes not in good working

condition

- Animal not fit and capable to draw

vehicle

- Animal-drawn vehicle not in a safe

and clean condition

- Animal-drawn vehicle not equipped

with bio-degradable chemical,

catching net/apron or wheels not

covered with rubber/other approved

material

12(5)

Animal-drawn vehicle not equipped with

lights or lights are not used

15(4)

Vehicle or animal not brought in for 30 and 30

examination

daily

16(1)

Driver not in possession of tag

16(3)

Driver not wearing tag

16(4)

Driver permitting another person to use

his tag

16(7)

Failure to return tag upon revocation or

suspension

16(9)

Driver not maintaining a clean

appearance or not wearing uniform

17(2)

Not hiring a karrozzin from a stand or

hiring a karrozzin while in motion within

50m of a karrozzin stand

17(3)

Refusal to hire a karrozzin

17(4)

Calling or importuning a person to hire a

karrozzin

17(6)

Stopping karrozzin not within 5m of a

karrozzin stand

18(1)

Charging a higher fare

18(2)

Not displaying table of fares

18(3)

Overloading

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

Column 1

Column 2

Column 3 Column 4

Column 5

Regulation

Offence

Penalty (€)

Penalty

Operator

Driver

points

-

Not acting in a prudent and

courteous manner

-

Permitting an unlicensed person to

operate vehicle under his control

-

Permitting a person to ride on the

back of the animal

-

Leaving animal unattended

-

Overloading

28(1)

Not reporting accident to the Police

(1) A person shall not ride an animal under saddle or drive

or otherwise operate an animal-drawn vehicle on a road unless he is

the holder of a relevant animal or animal-drawn vehicle driving

licence issued by the Authority.

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

(2) Driving licences shall be divided into the following

categories

(a) Licence X for the driving of an animal-drawn vehicle

licensed under Licence A or Licence B established in

regulation 3(2)

Provided that the holder of a Licence X shall also be

authorised to drive an animal-drawn vehicle licensed

under Licence C or under Licence D established in

regulation 3(2);

(b) Licence Y for the driving of animal-drawn vehicles

other than those for which a driving licence X or a

driving licence Z is required; and

(c) Licence Z for the riding of an animal under saddle

licensed under Licence E established in regulation

3(2).

(3)

To qualify for Licence X, an applicant must -

(a) be at least eighteen years of age;

(b) present a certificate from a licensed physician that

certifies that he is in good physical condition and that

he does not suffer from any medical condition which

may substantially impair his or her ability to operate

an animal-drawn vehicle or to control an animal;

(c) have attended a course approved by the Authority in

(i)

proper equine grooming, care, equipment,

nutrition, welfare and first aid; and

(ii) the operation of an animal-drawn vehicle;

(d) have passed a test devised by the Authority which

shall include, but shall not be limited to, knowledge of

the Highway Code

Provided that a person in possession of a valid motor

vehicle driving licence shall be deemed to satisfy this

requirement;

(e) have completed a course and passed a test approved by

the Authority consisting of general knowledge and

customer care; and

(f)

be of good repute and conduct.

For the purpose of this paragraph, a person shall not be

deemed to satisfy the requirement of good repute and

conduct -

(i)

if he has been found guilty of committing any

crime contemplated in

i.

Title I of Part II of Book First of the Criminal

Code or articles 198, 199, 203, 203A, 204,

204A, 204B, 204C, 205, 211, 212, 217 (in the

event that the arms proper used for the

commission of the offence is a fire-arm), 220,

238(a), 248B, 248C, 248D of the Criminal Code;

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

ii.

articles 2, 3, 5, 7, 8, 9 and 10 of the White Slave

Traffic (Suppression) Ordinance;

iii. articles 4, 5, 6(a), 7, 8(b), 8(c), 8(e), 11, 13(2),

14(3), 15, 15A, 16, 17, 18, 22(1)(b), (c), (d), (e),

(f), 22(1C), 22(1D)(a), 22(1E) and 22(3BA)(5) of

the Dangerous Drugs Ordinance;

iv.

articles 37, 38, 44, 50 and 61 of the Malta Armed

Forces Act;

(ii) for such period during which he is serving a

sentence of imprisonment of at least one month;

(iii) for such period immediately following time

spent serving a sentence of imprisonment for a

term or terms of at least one month imposed on

such person for a crime or crimes connected

with violence committed on a person, which

period shall be

i.

of three months for sentences of imprisonment

for a term of at least six months and not more

than two years; and

ii.

equal to one-fourth of the term of imprisonment for

which such person was sentenced for sentences for

terms of imprisonment of more than two years

(iv)

if he has been found guilty of committing any

corresponding offence under any law of a

country or territory outside Malta

Provided that where the applicant was less than eighteen

years of age at the time of the commission of the offence,

the period referred to in sub-paragraph (iii) shall not be

longer than two years.

For the purposes of determining whether a person is of

good repute and conduct in terms of this paragraph (f),

the term "sentence" shall not include

(i) a probation order issued in terms of article 7 of

the Probation Act or article 5 of the Probation of

Offenders Act and which has been complied

with by the probationer or an absolute or

conditional discharge issued under article 22 of

the Probation Act or article 9 of the Probation of

Offenders Act which has been complied with; or

(ii) a sentence for the commission of an offence for

which the offender has been pardoned by the

President of Malta in terms of article 93(1) of

the Constitution of Malta; provided that this sub-

paragraph shall only apply from the date on

which the President of Malta has granted such

pardon; or

(iii) a sentence which is at the moment of application

under appeal;

(iv) a sentence for the commission of an offence

which -

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD

i.

was committed before the date of

publication of these regulations;

ii.

was committed by a person who had a

valid horse-drawn cab driver’s tag issued

to him by the Authority before the date of

publication of these regulations; and

iii.

was delivered at least five years before the

date of application for the renewal of the

horse-drawn cab driver’s tag.

(4)

(a) A holder of a driver’s Licence X shall be obliged to

satisfy the conditions of sub-regulation (3)(f) at all

times during the validity of the licence.

(b) A holder of a Driver’s Licence X shall inform the

Authority in writing of any conviction against him of

any offence contemplated in paragraph (f)(i) of sub-

regulation 3 within twenty-one days from that

conviction or, when an appeal is entered, within

twenty days from when such appeal is decided.

(c) A person who contravenes paragraph (b) shall be

guilty of an offence.

(d) Within three (3) months preceding the date of expiry

of Licence X, and thereafter, the holder thereof shall

be obliged to submit an application for renewal with

the Authority in such manner and against such

payment as may be prescribed by the Authority

together with

(i) a police conduct certificate; and

(ii) a signed declaration by virtue of which he confirms

that he still satisfies the condition of good conduct

and repute and that since the issuance of the last

licence he has not been found guilty of any

criminal offence in violation of the provisions of

regulation 6(3)(f).

(5)

To qualify for Licence Y or Licence Z, an applicant must

(a) be at least sixteen years of age;

(b) present a certificate from a licensed physician that

certifies that he is in good physical condition and that

he does not suffer from any medical disabilities which

may substantially impair his or her ability to operate

an animal-drawn vehicle or to control an animal;

(c) have passed a test devised by the Authority which

shall include, but not be limited to, knowledge of the

Highway Code

Provided that persons in possession of a valid motor

vehicle driving licence shall be deemed to satisfy this

requirement; and

(d) accept to attend any other course related to the care

and welfare of animals and on the handling and

operation of animals and animal-drawn vehicles,

which the Authority may introduce from time to time

during the validity of the licence.

(6) A Licence X issued under this regulation shall be renewed

every five years. Licences Y and Z issued under this regulation

shall be renewed every ten years

Provided that upon reaching the age of fifty years, the

certificate mentioned in sub-regulations (3)(b) and (5)(b) shall be

presented every five years

Provided further that upon reaching the age of seventy

years, the certificate mentioned in sub-regulations (3)(b) and (5)(b)

shall be presented every two years.

(7) Drivers of karrozzini who, upon the publication of these

regulations were already licensed by the Authority to drive such

vehicles shall be deemed as holding a category X driving licence

under these regulations.

Part IV

OPERATOR’S LICENCE

(1) No person shall qualify to obtain an Operator’s Licence

in terms of this regulation unless such person is the holder of a

valid Licence A issued in terms of regulation 3(2).

(2) No person shall operate a karrozzin without having first

obtained an operator’s licence issued by the Authority.

(3) No person shall cause or permit an animal-drawn vehicle to

be used for the road transport of passengers for hire or reward

unless that vehicle is licensed for that purpose.

(4) No person who holds an operator’s licence issued in terms

of this regulation shall permit the karrozzin which he is licensed to

operate to be driven by any person who does not hold a driving

Licence X issued in terms of regulation 6(2).

(5) A licence to operate a karrozzin shall be renewed every five

years.

Part V

GENERAL PROVISIONS RELATIVE TO LICENCES

(1) A person desiring to obtain a licence issued in terms of

Parts II, III or IV or to renew any licence so issued shall apply to

the Authority and the Authority shall decide and give a reply on

that application within thirty days from receipt of the application

and all required documentation.

(2) The Authority may refuse any application for a new licence

or for the renewal thereof whenever any of the conditions provided

for in these or other regulations are not met.

(3) The Authority shall refuse to renew an operator’s licence

and, or a licence issued in terms of regulation 3(2) if the holder

does not present, together with the application for renewal, a

certificate on the animal’s general physical condition issued by a

li c e n s e d v e t e r in a r ia n f or e a c h a ni m a l t o be u s e d u nd e r th e

operator’s licence certifying that the animal is fit to be used for the

purpose of the licence.

(4) Where the Authority intends to refuse to issue any licence

or to renew a licence, it shall give the applicant concerned notice in

writing of such intended refusal, setting out the reasons for its

decision. Such notice shall state that the applicant has the right to

make representations in writing, within ten days, to the Authority

giving reasons why the application should not be refused. The

Authority shall consider any such representations before arriving at

a final decision. The Authority shall notify in writing its final

decision to the applicant concerned and by that notice shall, if so

required, also inform the applicant that he has a right to appeal to

the Tribunal.

(5) Where an application for the issue or renewal of a licence is

refused by the Authority, the applicant may, within thirty days from

the Authority’s decision, appeal to the Tribunal against such

decision in accordance with the provisions of the Administrative

Justice Act.

(1) The Authority may suspend any licence issued under

regulation 3(2) if

(a) the animal is, in the opinion of a veterinary surgeon,

not fit to carry out the work it is licensed for; or

(b) the licence holder fails or refuses to comply with the

provisions of these regulations and, or with standards,

guidelines and regulations relating to the welfare of

animals issued under the Animal Welfare Act;

(c) the licence holder has acted in such a manner which

could reasonably be construed to be detrimental to

public health or public safety,

and such suspension shall last for a period of not more than thirty

days except for suspensions under paragraph (a) which shall last

until such time as a veterinary surgeon certifies that the animal is

fit for the work intended or the animal is substituted with a new

animal

Provided that any convalescing animal with regards to

which a licence for use on the road has been suspended may still be

used on a road which is not an arterial or distributor road as

established by the Authority for rehabilitation purposes only until

such time as a veterinary surgeon certifies that the animal is once

again fit for use on the road.

(2) Whenever a licence holder shall be charged in any court

with any serious infringement to the Animal Welfare Act or any

regulation made thereunder, the Authority shall suspend his licence

pending final disposition of the charges against him.

(3) An operator’s licence issued in terms of regulation 7 or a

driver’s category X licence issued in terms of regulation 6 shall be

revoked by the Authority if at any time its holder accumulates an

aggregate of 200 penalty points in terms of these regulations.

(4) A licence shall also be revoked by the Authority if it is so

ordered to do by a Court by means of a decree or judgment which is

definitive and not subject to appeal.

(5) Where any such licence is revoked, its holder may not apply

for any licence under these regulations before the lapse of two

years from such revocation and the said licence shall only be issued

if the applicant meets the conditions under regulation 6(3)(d), (e)

and (f) in respect of an application for a driver ’s category X

licence, or regulation 7(1) in respect of an application for an

operator’s licence.

(6) The holder of any licence issued in terms of these

regulations may, except where its revocation has been ordered in

terms of sub-regulation (4), appeal to the Tribunal in accordance

with the provisions of the Administrative Justice Act against any

decision of the Authority to revoke or suspend a licence, within

thirty days from the Authority’s decision.

(1) The issue and renewal of licences in terms of these

regulations shall only be made following the payment of the

appropriate fee established in terms of the First Schedule.

(2) Where an animal-drawn vehicle is being driven on the road

or an animal under saddle is being used on the road, the driver or

rider, as the case may be, shall be obliged to have his driving

licence in his possession and to produce it on being so demanded

by an authorised officer.

(3) The licensee shall notify the Authority of any changes in

the licence details.

The Authority shall keep a register of all licences issued by

it under these regulations, which register shall contain such details

as are necessary to identify the licence holders and the vehicles and

animals used by them and shall distinguish between the different

licences.

Part VI

USE OF ANIMAL-DRAWN VEHICLES

(1) The license holder, operator and driver of any animal-

drawn vehicle shall individually be responsible to ensure that

(a) the vehicle used on the road is in good operating

condition, the axles are well-greased, and that all

operating mechanisms are in good working order;

(b) in the case of animal-drawn vehicles used for hire or

reward, the vehicle is equipped with mechanical

brakes in good working condition and set in a locked

position when the vehicle is not in motion;

(c) the animal is well groomed, fit and capable to draw the

vehicle;

(d) the vehicle is maintained in a safe and clean condition;

(e) the animal-drawn vehicle is equipped with

(i)

a bio-degradable chemical to be poured over

animal urine by drivers so as to break down and

eliminate accumulated agents and odours, and

the drivers shall ensure that the chemical is used

in a manner not to cause injury or harm to the

animal

Provided that this requirement shall only apply

to animal-drawn vehicles used for hire or

reward;

(ii) if so required by the Authority, wheels which are

covered with rubber or any other material

approved by the Authority if the vehicle is used

on a road made up of paving slabs consisting of

any material other than asphalt or tarmac; and

(iii) a catching net or an apron or any other device

approved by the Authority to catch the animal’s

excrement

and

cleaning

equipment

to

immediately clean any excrement falling on the

road.

(2)

Drivers shall, furthermore -

(a) clean from the road any animal urine and any

excrement that is not caught in the net at the first

available opportunity;

(b) clean the net or apron and dispose of the excrement at

the first available opportunity;

(c) in the case of a driver of a karrozzin, keep all cab

stands and roads clean and free of animal excrement,

including animal urine; and

(d) in the case of a driver of an animal-drawn vehicle for

which a Licence D has been issued, drive the vehicle

only after ensuring that from his driving position he

has a clear and unobstructed vision of the road ahead.

(3) Operators and drivers of karrozzini shall keep karrozzini

stands clean at all times and shall ensure that such stands are

provided with a constant supply of fresh water.

(4) No operator may make use of or avail himself of the

facilities of karrozzini stands that are provided with a purposely

built-up shelter and, or other utilities, which may include

preparations for the connection to water supply mains and cesspits,

unless such operator has entered into an agreement with the

Authority which regulates the rights and obligations of the said

operator relating to the use of the said karrozzin stands. Similarly,

no driver driving a karrozzin whose operator has not entered into an

agreement with the Authority with regards to the use of the said

stands may make use of such karrozzin stand or to avail himself of

its facilities. It shall be the responsibility of those operators or

drivers who enter into an agreement with the Authority for the use

of such stands, to manage and keep such stands clean and well

maintained and supplied with water at all times.

(5) When used after sunset, an animal-drawn vehicle licensed

under these regulations shall additionally be equipped with

(a) at least one lamp displaying a white light clearly

visible from a distance of not less than 300 metres to

the front of the vehicle;

(b) a red light at or towards the rear of each side of the

vehicle that is clearly visible from a distance of not

less than 300 metres to the rear; and

(c) a red reflector at or towards the rear of each side of the

animal-drawn vehicle, that is not over 1.5 metres

above ground level, and is clearly visible from a

distance of at least 30 metres from the rear of the

vehicle when light is projected onto it by another

vehicle’s headlight on low-beam.

Where, upon any inspection, an animal-drawn vehicle used

for the carriage of passengers for hire or reward is found to be

unsafe or unclean, the Authority shall direct that such vehicle be

taken out of service until such condition is corrected. Such vehicle

shall be re-inspected and approved by an authorised officer or a

person appointed for such purpose by the Authority before

re tu r n in g t o se rv i c e , an d f o ll o wi n g t he p a y m e n t o f t h e fe e

established in the First Schedule.

(1) The Director of Veterinary Services may, upon a report

made to him by an authorised officer, require the operator or driver

of an animal-drawn vehicle not to use for the drawing of any

vehicle any animal that appears to be ill, overtired, undernourished,

overloaded, injured, or lame or whose health or life, in the opinion

of a veterinary surgeon, is in danger or which may constitute a

hazard to other road users.

(2) In order for an animal whose use has been excluded in

terms of sub-regulation (1) to be once again used for the drawing of

any vehicle, such animal shall be re-examined and a new certificate

issued for the animal by a veterinary surgeon, which certificate

must be submitted to the Authority and to the Director of

Veterinary Services. The licence holder shall be allowed to once

again make use of such animal for the drawing of vehicles upon the

presentation of the said certificate unless the Director of Veterinary

Services requires another examination.

(1) The Authority may, at any time, request an operator of

an animal-drawn vehicle used for the carriage of passengers for

hire or reward, to have the said vehicle or any animal used by him

for such a purpose to be examined by the Authority in the case of

the vehicle or by a veterinary surgeon in the case of an animal.

(2) The cost of examination of an animal shall be the

responsibility of the operator if the animal had been found to be in

a bad physical condition, and the cost of the examination shall be

borne by the Authority if the animal had been found to be in a good

physical condition.

(3) If, upon inspection, a vehicle or an animal is certified to be

unfit for the conveyance of passengers, the Authority shall direct

that the vehicle or animal be taken out of service until such

condition is corrected.

(4) Where an operator fails to comply with a request to present

a vehicle or an animal for inspection he shall be guilty of an

offence.

Part VII

USE OF ANIMAL-DRAWN VEHICLE FOR HIRE OR REWARD

(1) No person may drive an animal-drawn vehicle for hire

or reward unless that person has, besides a category X driving

licence, a tag issued by the Authority.

(2) The Authority shall issue, to a driver in possession of a

Licence X driving licence, a tag against the payment of the fee as

subscribed in the First Schedule.

(3) Every such driver shall, while driving an animal-drawn

vehicle used for the carriage of passengers for hire or reward or

w h i l e w a i t i n g o n a k a rro zz in st a n d w h er e t ha t ve h i cl e i s a

karrozzin, wear in a conspicuous place and in a manner that it may

easily be seen the tag issued to him by the Authority.

(4) It shall not be lawful for a driver to lend his tag to any other

person, or to permit any other person to make use thereof, even

though such person is licensed to act as a driver of an animal-drawn

vehicle. It shall likewise be unlawful for a person to make use of a

tag issued to any other person.

(5) In the event that the tag becomes discoloured, disfigured or

is torn, the driver shall immediately return such tag to the Authority

and the Authority shall issue a replacement tag free of charge

Provided that the holder of the driver’s tag shall pay to the

Authority the fee prescribed in the First Schedule for the fourth and

any subsequent replacement of a driver’s tag made within the tag’s

validity period.

(6) A driver who loses his tag shall immediately, and without

delay, inform the Authority, and, if he proves to the satisfaction of

the Authority that the tag had been lost without any fault on his

part, the Authority shall issue a replacement tag against the

payment of the fee prescribed in the First Schedule.

(7) A driver shall return the tag immediately to the Authority

upon the revocation or the suspension of his driving licence and the

Authority shall give due receipt for the driver’s tag so returned.

(8) A tag issued under this regulation shall be renewed every

five years subject to a refresher course organised by the Authority.

(9) The driver of a karrozzin shall maintain a clean appearance

and, if a uniform has been designed by the Authority, wear such

uniform at all times while he is driving the karrozzin.

(1) No animal-drawn vehicle other than those licensed

under Licence A or B may be hired for the conveyance of

passengers.

(2) Karrozzini may only be hired from a karrozzin stand unless

the karrozzin has been pre-booked for a special service

Provided that the driver of a karrozzin which is in motion

and which is further away than fifty meters from a karrozzin stand

may accept to provide a service to any person who beckons him to

stop.

(3) No driver of a karrozzin exposed for hire on any stand may,

without reasonable cause, refuse the hire of his vehicle from any

person requesting such hire to any given place.

(4) The driver of a karrozzin, while standing or plying for hire,

shall not importune any person to hire such animal-drawn vehicle

and shall not make use of the services of any other person for such

purpose.

(5) A karrozzin plying for hire, or exposed on a karozzin stand,

or working on hire without a mark distinguishing such vehicle as

being licensed, shall be deemed to be unlicensed.

(6) A karrozzin shall not stop, even temporarily, at any place

that is not within five meters of a karrozzin stand except for the

purpose of cleaning any excrement which has not been collected in

the catching net or to provide drinking water to the animal.

(7) Karrozzini stands shall only be those established by the

Authority.

(1) A driver or a person licensed to operate a karrozzin for

hire or reward shall charge a fare that is not higher than the fares

prescribed in the Second Schedule.

(2) The person licensed to drive or operate a karrozzin shall

display in such place and in the manner and format as may be

determined by the Authority, the table of fares and such other

information as may be established by the Authority.

(3) A driver shall not carry on a karrozzin a number of persons

greater than that established in the karrozzin licence.

The operator or driver of an animal-drawn vehicle used for

the carriage of passengers for hire or reward shall issue to the hirer

a fiscal receipt showing the amount of fare charged.

Part VIII

USE OF ANIMALS UNDER SADDLE

No person may ride any animal on the road bareback and

without a saddle.

Any person riding an animal under saddle on the road shall

wear a safety helmet at all times.

Any person riding an animal under saddle on the road shall

clean up any excrement left by the said animal immediately after

returning the said animal to its stable.

Animals under saddle which are used after sunset shall be

equipped with high visibility leg and tail straps and martingale.

Part IX

HORSE-BACK RIDING SCHOOLS

(1) Any person who administers a school intended to teach

horse-riding shall be obliged to ensure that the following

requirements are observed at all times

(a) without prejudice to the generality of regulation 4, the

operation of the horse-back riding school shall be

covered by a policy of insurance in respect of third

party risks as complies with sub-regulation (2) of this

regulation;

(b) any horse guide employed to teach horse-riding to

learners shall be at least eighteen years of age and

must hold a Licence Z;

(c) children under the age of ten shall only be allowed to

ride a horse for the purpose of learning horse-back

riding if accompanied by an adult and on a lead;

(d) all riders shall wear a safety helmet and all animals

used by learners shall be equipped with a safety rein;

(e) a horse guide shall not have more than two horses on a

lead at any time; and

(f)

no learner shall ride on any animal for the purpose of

learning horse-back riding on any arterial or

distributor road established by the Authority except for

the purpose of crossing from one road to the other

Provided that during such crossing the animals on

which the learners are riding shall be held by the horse

guide on a lead.

(2) Any person who administers a school intended to teach

horse-riding shall keep in force at all times a policy of insurance

issued by an authorised insurer which indemnifies the horse-riding

school specified in the policy in respect of any liability which may

be incurred by such school in respect of the death of or bodily

injury to any person (including horse guides and instructors

engaged by the school, as well as learners and clients benefiting

from the services offered by the horse-riding school) and, or

damage to any property resulting from any accident which occurs

in the course of the operation of the business of the horse-riding

school, for a total liability which shall not be less than five hundred

thousand euro (€500,000) for each claim, irrespective of the

number of parties involved or the nature of the damage.

PART X

GENERAL PROVISIONS

(1) No animal or any animal-drawn vehicle, other than

police cavalry, military parades and animal-drawn vehicles for

which a Licence A or a Licence B has been issued, may be used on

any road listed in the Third Schedule on any day between 07:00

hours and 09:00 hours and between 16:00 hours and 18:00 hours,

except on Saturdays, Sundays and national and public holidays.

(2) Without prejudice to any other liability which may be

incurred by the offender, an authorised officer shall have the power

to remove any animal or any other animal-drawn vehicle being

used in contravention of sub-regulation (1).

(1) No animal race shall be held on any road without the

prior written authorisation of the Authority.

(2) Subject to the prior written authorisation of the Authority,

animal races may only be held on the roads listed in the Fourth

Schedule

Provided that, for traditional and folkloristic horse races

which are held on certain feasts and special occasions, the

Authority may, upon an application made to such effect, issue an ad

hoc authorisation to hold such races in a road other than those listed

in the Fourth Schedule

Provided further that the authorisation so issued by the

Authority may contain any conditions which the Authority may

deem fit to impose and shall also be subject to the prior written

au thorisat ions by the Com missioner of Poli ce or any other

competent authority responsible from public safety during such

e v e n t s a n d b y t h e D i r e c t o r o f Ve t e r i n a r y S e r v i c e s , w h i c h

authorisations may contain such terms and conditions as may be

considered necessary or expedient to secure public safety and

animal welfare on the road when it is in use for the animal racing

event and which the applicant shall be obliged to observe.

A driver of an animal or of an animal-drawn vehicle, shall

at all times while on the road -

(a) act in a reasonable, prudent, and courteous manner;

(b) not permit an unlicensed person to operate an animal-

drawn vehicle under his control;

(c) not permit a person on the back of an animal drawing a

vehicle when under his control;

(d) not leave an animal unattended;

(e) never permit any overloading of his animal-drawn

vehicle;

(f)

not operate an animal-drawn vehicle while under the

influence of alcohol or drugs or other substance that

could adversely affect his ability to operate an animal-

drawn carriage; and

(g) observe and obey all traffic laws and regulations and

be liable for any contravention thereof.

(1) The driver of an animal or an animal-drawn vehicle

shall immediately report any accident involving such vehicle to the

Police. The owner of the animal or animal-drawn vehicle which has

been involved in any accident shall notify the Authority of such

accident by not later than the first working day following the

accident.

(2)

No animal or animal-drawn carriage involved in an accident

where damage to third party property or injury to a third party has

occurred or where structural damage to the carriage or injury to the

animal has occurred, shall be used again until the said vehicle has

been inspected by an authorised officer or by any other person

appointed by the Authority, the fee established in the First Schedule

has been paid for such inspection and the animal has been certified

for service by a veterinarian.

Part XI

OFFENCES AND PENALTIES

(1) A person who contravenes the provisions of regulation

3(1) or (10) shall be guilty of an offence and shall, on conviction,

be liable to a fine (multa) of five hundred euro (€500).

(2) A person who contravenes the provisions of regulation 4(1)

shall be guilty of an offence and shall, on conviction, be liable

(a) in the case of a first offence, to a fine (multa) of not

less than two thousand and five hundred euro (€2,500)

but not exceeding four thousand and five hundred euro

(€4,500) or to imprisonment for a term not exceeding

three months, or to both such fine and imprisonment;

(b) in the case of a second offence, to a fine (multa) of not

less than four thousand and five hundred euro (€4,500)

but not exceeding six thousand euro (€6,000) or to

imprisonment for a term not exceeding six months, or

to both such fine and imprisonment; and

(c) in the case of a third or subsequent offence, to a fine

(multa) of not less than six thousand euro (€6,000) but

not exceeding seven thousand and five hundred euro

(€7,500) or to imprisonment for a term not exceeding

one year, or to both such fine and imprisonment and to

disqualification from holding a driving licence issued

under these regulations for twelve months.

(3) A person who contravenes the provisions of regulation 4(5)

shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) not exceeding fifty euro (€50) or to imprisonment for a

term not exceeding three months or to both such fine and

imprisonment.

(4) A person who contravenes the provisions of regulation 4(6)

shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) not exceeding fifty euro (€50) or to imprisonment for a

term not exceeding three months or to both such fine and

imprisonment.

(5) Any person who contravenes the provisions of regulation

6(1) shall be guilty of an offence and shall, on conviction, be

liable -

(a) to a fine (multa) of not less than fifty euro (€50) but

not exceeding two hundred euro (€200) or up to three

months imprisonment where a person drives, or causes

or permits to be driven, an animal or an animal-drawn

vehicle without the person driving the vehicle being

the holder of a driving licence;

(b) to a fine (multa) of not less than two hundred euro

(€200) but not exceeding five hundred euro (€500) or

up to three months imprisonment where a person

drives an animal-drawn vehicle for the transport of

passengers for hire or reward without holding the

appropriate driving licence; and

(c) to a fine (multa) of not less than five hundred euro

(€500) but not exceeding one thousand euro (€1,000)

or up to three months imprisonment where a person

causes or permits another person to drive an animal-

drawn vehicle for the transport of passengers for hire

or reward without that other person holding the

appropriate driving licence.

(6) A person who contravenes the provisions of regulation 7

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) of not less than one thousand euro (€1,000) but not

exceeding five thousand euro (€5,000) or up to three months

imprisonment or both fine and imprisonment. Furthermore, the

court may order the immediate revocation of the operator’s licence

as well as the confiscation for a period of not less than one month

but not exceeding three months of the vehicle used where that

person had permitted or caused that vehicle to be used not for the

purpose for which it is licensed.

(7) A person who contravenes the provisions of regulation

12(2)(a) and (c) shall be guilty of an offence and shall, on

conviction, be liable to -

(a) a fine (multa) of one hundred euro (€100) for a first

offence and shall have his licence suspended for not

more than one month;

(b) a fine (multa) of two hundred euro (€200) for a second

offence within twelve months from the first offence

and shall have his licence suspended for not more than

two months; and

(c) a fine (multa) of three hundred euro (€300) for a third

and subsequent offence within twelve months from the

first offence and shall have his licence suspended for

not more than three months.

For the purposes of this sub-regulation, in respect of a

driver "licence" means the driving licence issued under these

regulations, and in respect of an operator or owner "licence" means

the operator’s licence issued under these regulations or the driving

licence issued under these regulations where the owner is not an

operator.

(8) A person who contravenes the provisions of regulation 19

shall be guilty of an offence and shall, on conviction, be liable to

the penalty prescribed under the Value Added Tax Act.

(9) A person who contravenes the provisions of regulation

26(1) shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) of not less than one thousand and two

hundred euro (€1,200) but not exceeding five thousand euro

(€5,000) or to imprisonment for a period of not more than six

months or to both such fine and imprisonment.

(10) A person who contravenes the provisions of regulation

27(f) shall be guilty of an offence and shall, on conviction, be liable

to -

(a) a fine (multa) of not less than one thousand and two

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

and five hundred euro (€1,500) or to imprisonment for

a period of not more than three months or to both fine

and imprisonment and to disqualification from holding

a driving licence issued under these regulations for six

months for a first conviction; and

(b) a fine (multa) of not less than one thousand and five

hundred euro (€1,500) and not exceeding two thousand

and five hundred euro (€2,500) or to imprisonment for

a period of not more than six months or to both fine

and imprisonment and to disqualification from holding

a driving licence issued under these regulations for

twelve months for a second or subsequent conviction.

(11) Any person who contravenes any other regulation other

than those specified in sub-regulations (1), (2), (3), (4), (5), (6),

(7), (8), (9) and (10) shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of not less than twenty-five

euro (€25) but not exceeding three hundred euro (€300).

(12) Where the holder of an operator’s licence or the holder of a

category X driving licence is convicted of an offence by a court or

a tribunal in contravention of these regulations there shall be

attributed to that person, in addition to the fine, -

(a) thirty penalty points for every offence in contravention

of regulations 3(1) and (10), 4, 6(1), 7(3) and 27(f),

and

(b) ten penalty points for every offence in contravention

of any other provision of these regulations.

(13) For the purposes of sub-regulation (12), it shall be the duty

of the registrar of the court, or the clerk of the tribunal, which

delivers judgement, to inform in writing the Authority with the

names and identity numbers of the persons convicted under these

regulations and the fine imposed thereon.

(14) Penalty points, as provided for under the preceding sub-

regulation, shall be attributed also to a person who pays the penalty

instead of being summoned before a court or a tribunal.

(15) Where any fine is imposed by the court or by a tribunal for

any offence under these regulations and such fine has not been

paid, the Authority shall withhold from renewing the animal-drawn

vehicle’s licence or the driving licence, as the case may be, of the

person concerned on the expiry thereof until such time as the

payment of the fine is effected.

(1) The Authority may impose the administrative penalties

prescribed in the fourth and fifth columns of the Fifth Schedule on

any operator and, or driver of animal-drawn vehicles used for hire

or reward who contravenes the provisions of the regulations listed

in the first column of the said Schedule.

(2) Where the Authority imposes such administrative penalties,

it shall also impose the penalty points prescribed in the fifth

column of the Fifth Schedule.

(3) Where the person on whom an administrative penalty is

being imposed has contravened a regulation both as an operator and

as a driver, there shall be imposed on that person the highest of the

penalties in the third and fourth columns in the Fifth Schedule in

relation to that contravention together with the applicable number

of penalty points.

(4) No administrative penalty shall be imposed on an operator

or a driver of an animal-drawn vehicle used for hire or reward for a

breach of these regulations where criminal proceedings have

already been instituted in court or in a tribunal against such person

with respect to the said breach.

(5) The Authority shall, before imposing an administrative

penalty in terms of these regulations, inform the person on whom

the penalty is being imposed of its intention to do so by notice in

writing. Every such notice shall state that the person concerned has

a right to make presentations in writing within ten days to the

Authority, giving reasons why the administrative penalty should

not be imposed. The Authority shall consider any such

representations before arriving at a final decision. The Authority

shall notify in writing its final decision to the person concerned.

(6) A person aggrieved by the decision of the Authority to

impose administrative penalties and the corresponding penalty

points may within thirty days from the date when such decision is

communicated to him, lodge an appeal therefrom to the Tribunal in

accordance with the provisions of the Administrative Justice Act.

(7) Where a person does not pay the penalty within thirty days

from the date of the final decision communicated to him in terms of

sub-regulation (5) and does not appeal in terms of sub-regulation

(6), ordinary proceedings shall be taken in respect of the

contravention.

(8) Where, upon the renewal of any licence granted to an

operator or driver of an animal-drawn vehicle licensed to be used

for hire or reward, the person in whose name such licence is

granted owes the Authority debts in the form of unpaid

administrative penalties, such licence shall not be renewed unless

and until such debt is settled in full.

(1) Penalty points shall expire at the end of the period of

three years after the date on which an offence was committed, and

shall be removed from the records of the person concerned.

(2) Any such person shall have the number of penalty points

recorded in his entry deducted by 50% if that person does not

commit an offence in contravention of these regulations or in

contravention of the Animal Welfare Act or any regulations made

thereunder for a period of two years after the date on which that

person has committed his last offence in breach of these regulations

or in contravention of the Animal Welfare Act or any regulations

made thereunder.

Where the Authority imposes an administrative penalty in

terms of regulation 30, and the person on whom such penalty is

imposed pays such penalty to the Authority within thirty days from

the date of receipt of intimation to pay, no criminal proceedings

shall be instituted against that person in relation to the relative

breach.

USE OF ANIMALS AND ANIMAL-DRAWN VEHICLES

ON THE ROAD