MOTOR VEHICLE ROADWORTHINESS TEST REGULATIONS

SUBSIDIARY LEGISLATION 65.15

MOTOR VEHICLE ROADWORTHINESS TEST

REGULATIONS

8th May, 1998;

1st October, 1999

LEGAL NOTICE 126 of 1998, as amended by Legal Notices 157 of 1999,

314 of 2001, 159 of 2003, 41 and 69 of 2006, 408 of 2007 and 43 of 2008;

Act XV of 2009; and Legal Notices 90 of 2010, 49 and 87 of 2012, 149 of

2014, 58 of 2016, 124 of 2017, 330 of 2019, 298 of 2022, 74 of 2024 and

161 of 2025.

PART I

Preliminary

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

Roadworthiness Test Regulations.

(2)

These regulations shall apply to vehicles with a design

speed exceeding 25km/h of the following categories, as referred to in

Regulations (EU) No 167/2013, (EU) No 168/2013, and (EU) 2018/

858 of the European Parliament and of the Council

(a)

motor vehicles designed and constructed

primarily for the carriage of persons and their luggage

comprising not more than eight seating positions in addition to

the driver’s seating position – vehicle category M1;

(b)

motor vehicles designed and constructed

primarily for the carriage of persons and their luggage

comprising more than eight seating positions in addition to the

driver’s seating position – vehicle categories M2 and M3;

(c)

motor vehicles designed and constructed

primarily for the carriage of goods, having a maximum mass

not exceeding 3.5 tonnes – vehicle category N1;

(d)

motor vehicles designed and constructed

primarily for the carriage of goods, having a maximum mass

exceeding 3.5 tonnes – vehicle categories N2 and N3;

(e)

trailers designed and constructed for the carriage

of goods or persons, as well as for the accommodation of

persons, having a maximum mass exceeding 3.5 tonnes –

vehicle categories O3 and O4;

(f)

wheeled tractors of categories T1b, T2b, T3b,

T4.1b, T4.2b and T4.3b the use of which mainly takes place on

public roads with a maximum design speed exceeding 40km/h;

(g)

from a date when the Minister may by notice in the

Gazette establish, two- or three-wheel vehicles – vehicle

categories L3e, L4e, L5e and L7e equipped with a combustion

engine with a displacement of more than 125 cm³.

Amended by

L.N. 314 of 2001;

(Regulation 2, 18D and 18E)

L.N. 159 of 2003;

L.N. 41 of 2006;

Prescribed Requirements

L.N. 43 of 2008;

L.N. 49 of 2012.

L.N.124 of 2017;

L.N. 298 of 2022.

A.

the requirements established by the Driver and Vehicle Standards Agency

of the United Kingdom as contained in the following manuals and their subsequent

updates and amendments

(a) The Motor Bicycle and Sidecar Testing Manual (latest edition);

(b) The Private Passenger and Light Commercial Testing Manual (latest

edition);

(c) The Heavy Goods Vehicle Inspection Manual (latest edition);

(d) The Public Service Vehicle Inspection Manual (latest edition).

The requirements in connection with public service vehicles that may be

issued from time to time by the Authority.

Exhaust sound level testing

Category VII Vehicles - shall be tested to an exhaust sound level rating not

exceeding 119 dB (A) when the engine revolutions are at three-fourths of the

maximum rated speed.

Category I, Category II, Category IV, Category V, Category VI and Category

VIII vehicles - shall be tested to a sound level as listed below for various

engines when revolutions are at three-fourths of the maximum rated speed

-

all petrol engines at 100 dBA;

-

all diesel engines less than 150KW (200bhp) at 101 dBA;

-

all diesel engines equal to or in excess of 150KW (200bhp) at 105 dBA.

Functional testing of speed limitation devices.

All Category I and Category II vehicles that, under the Motor Vehicles

(Weights, Dimensions and Equipment) Regulations, are required to be

equipped with a speed limitation device, shall be checked wherever practical,

to ensure that the speed limitation devices are fully operational and that the

following maximum speed limits are set for the following vehicle categories

-

N2 and N3 vehicles at 90 kph

-

N2 and N3 vehicles used for the carriage of dangerous goods at 90 kph

-

M2 and M3 vehicles at 100 kph.

Examination of high pressure fuel pump seal.

Where applicable, vehicles of all classes having a compression ignition

(diesel) engine shall be examined for the sealing of the high pressure

fuel pump.

Examination of the light transmission of all motor vehicle windows to ensure

compliance with levels prescribed in the Motor Vehicles Regulations.

Active fire extinguishers in N1, N2, N3, M2 and M3 vehicles and in taxis.

MOTOR VEHICLE ROADWORTHINESS TEST

Glass breaking hammer in public service vehicles (M2 and M3 vehicles).

Spray suppression system on N2, N3, M2, M3, T1b, T2b, T3b, T4.1b, T4.2b

and T4.3b category vehicles.

In these regulations, unless the context otherwise requires -

" ADR" shall have the same meaning assigned to it in the Motor

Vehicles (Carriage of Goods by Road) Regulations

"ambulance" means a category M motor vehicle intended for the

transport of sick or injured people and having special equipment for

such purpose;

"authorisation" means any authorisation in writing by the

Authority in terms and for the purposes of these regulations;

" 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;

"cargo" means all goods that would normally be placed in or on the

part of the vehicle designed to carry a load and that are not

permanently fixed to the vehicle, including objects within load carriers

such as crates, swap bodies or containers on vehicles;

"chauffeur driven vehicle" means a ‘light passenger transport

vehicle’ as defined in the Light Passenger Transport Services and

Vehicle Hire Services Regulations, and which for the purposes of these

regulations is a category M1 vehicle;

"commercial vehicle" means a motor vehicle and its trailer or semi-

trailer used primarily for the transport of goods or passengers for

commercial purposes, such as transport for hire and reward or own-

account transport, or for other professional purposes;

"company" shall have the same meaning assigned to it in article

2 of the Companies Act;

"concerted roadside inspection" means a technical roadside

inspection undertaken jointly by the competent authorities of two

or more Member States;

"deficiencies" means technical defects and other instances of

non-compliance found during a roadworthiness test or during a

roadside technical inspection;

"designated roadside inspection facility" means a fixed area for the

performance of initial and/or more detailed technical roadside

inspections which may also be equipped with permanently installed

test equipment;

"Directive 2000/30/EC" means Directive 2000/30/EC of the

European Parliament and of the Council on the technical roadside

inspection of the roadworthiness of commercial vehicles

circulating in the Community, as amended;

"Directive 2009/40/EC" means Directive 2009/40/EC of the

European Parliament and of the Council on roadworthiness tests for

motor vehicles and their trailers, as amended;

"Directive 2014/45/EU" means 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;

"Directive 2014/47/EU" means 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;

"Enforcement Officer" shall have the same meaning assigned to it in

the Transport Enforcement Officers Regulations

"the European Union" has the same meaning as is given to it in

the European Union Act and includes Norway, Iceland and

Liechtenstein;

"first registration" means the date on which a vehicle was first

registered whether in Malta or in any other country;

"goods vehicle" means any category N1, N2 or N3 vehicle;

"hearse" means a motor vehicle of category M intended for the

transport of deceased people and having special equipment for such

purpose;

"heavy vehicles" means all types of vehicles the maximum

permissible mass of which exceeds 3.5 tonnes;

"heavy goods vehicle" means a motor vehicle having a maximum

permissible mass exceeding 3.5 tonnes, used for the carriage of

goods;

"holder of a registration certificate" means the legal or natural

person in whose name the vehicle is registered;

"inspecting officer" means an Enforcement Officer authorised by

the Authority to carry out initial and/or more detailed technical

roadside inspections;

"light vehicles" means all types of vehicles the maximum

permissible mass of which does not exceed 3.5 tonnes;

"light goods vehicle" means a motor vehicle having a maximum

permissible mass not exceeding 3.5 tonnes, used for the carriage of

goods;

"manuals" means those manuals, whether individually or

collectively, listed under the prescribed requirements;

"maximum permissible mass" means the maximum technically

permissibl e laden m ass of a motor vehicle as st ated by the

manufacturer;

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

"mobile inspection unit" means a transportable system of test

equipment needed to carry out more detailed technical roadside

inspections, staffed by inspecting officers who are competent to carry

out more detailed roadside inspections;

"moped" means a two-wheel vehicle (category L1e) or a three-

wheel vehicle (category L2e) with a maximum design speed of not

more than 45 kilometres per hour;

"motorcycle" means a two-wheel vehicle without a sidecar

(category L3e) or with a sidecar (category L4e), fitted with an

engine having a cylinder capacity of more than 50 cm 3 if of the

internal combustion type and, or having a maximum design speed

of more than 45 kilometres per hour;

"motor tricycle" means a vehicle with three symmetrically

arranged wheels (category L5e) fitted with an engine having a

cylinder capacity of more than 50 cm 3 if of the internal combustion

type and, or having a maximum design speed of more than 45

kilometres per hour;

"motor vehicle" means any power-driven vehicle on wheels which is

moved by its own means with a maximum design speed exceeding

25km/h;

"normal working day" means -

(a) in relation to an operator or a tester, the times of the

week, excluding Sundays and public holidays, during

which vehicles will be accepted for testing;

(b) in relation to the VRT Section of the Authority, the

times of the week, excluding Sundays and public

holidays during which the Authority will deem it

necessary to effect inspections, and the times of the

week excluding Saturdays, Sundays and public

holidays during which the Authority will deem it

necessary to carry out any work directly connected

with vehicle testing;

" op e r a t o r " m e a n s an in d i vi d u a l , p a r t n e r s h i p o r c o m p a n y

authorised by the Authority in accordance with these regulations to

operate a vehicle roadworthiness testing station;

"partnership'' includes an association between two or more

persons, which is not registered under the Companies Act;

"prescribed requirements" means those requirements for the

testing of vehicles, which are listed in the First Schedule;

"private passenger and light commercial vehicle" shall, for the

purposes of these regulations, include private passenger vehicles

(not used for hire or reward), vehicles licensed to be hired or

leased, taxis, chauffeur driven M1 vehicles, ambulances, caravans,

dual purpose vehicles and light goods vehicles;

"public road" means a road that is of general public utility and

includes all national, arterial, distributor, access and local access

roads;

"public service vehicle" means a motor vehicle adapted to carry

m ore t han eig ht passeng ers an d whi ch i s used for carryi ng

passengers for hire or reward;

"quad bike" means a four-wheeled bike with handlebars whose

maximum design speed is more than 45 km per hour;

"quadricicyle" means a vehicle with four wheels whose unladen

mass is not more than 400 kg (category L7e) (550 kg for vehicles

intended for carrying goods), not including the mass of batteries in

the case of electric vehicles, and whose maximum net engine power

does not exceed 15 kW;

"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;

"Regulation (EU) No 167/2013" means Regulation (EU) No 167/

2013 of the European Parliament and of the Council of 5 February

2013 on the approval and market surveillance of agricultural and

forestry vehicles;

"Regulation (EU) No 168/2013" means Regulation (EU) No 168/

2013 of the European Parliament and of the Council of 15 January

2013 on the approval and market surveillance of two- or three-

wheel vehicles and quadricycles;

"Regulation (EU) 2018/858" means Regulation (EU) 2018/858 of

the European Parliament and of the Council of 30 May 2018 on the

approval and market surveillance of motor vehicles and their trailers,

and of systems, components and separate technical units intended for

such vehicles, amending Regulations (EC) No 715/2007 and (EC) No

595/2009 and repealing Directive 2007/46/EC;

"serial number" in relation to a vehicle, the chassis of which has

not been constructed separately from its superstructure, means the

number given to, and for the purpose of identifying, the vehicle by

its manufacturer;

"station" or "testing station" means the premises in which the

Authority has authorised the carrying out of vehicle tests for the

purpose of these regulations;

''technical roadside inspection'' means an inspection of a

technical nature, not announced by the Authority of certain

vehicles circulating on the public highway;

"tester" means an individual duly qualified to carry out testing on

vehicles for the purposes of these regulations and who is registered

with the Authority in accordance with regulation 13(1);

"trailer" means any non-self-propelled vehicle on wheels

(category O) which is designed and constructed to be towed by a

motor vehicle, and it includes a semi-trailer;

" 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 under the Administrative Justice Act;

"undertaking" means an undertaking as defined in point 4 of

Article 2 of Regulation (EC) No 1071/2009;

"vehicle registered in a Member State" means a vehicle which is

registered or put into service in a Member State;

"vehicle roadworthiness test" means an inspection in accordance

with regulations 18D and 18E, together with the prescribed

requirements listed in the First Schedule, designed to ensure that a

vehicle is safe to be used on public roads and that it complies with

required and mandatory safety and environmental characteristics;

"vehicle testing inspector" means any certifying officer or tester

appointed under these regulations and engaged with the Authority;

"V.R.T " means the vehicle roadworthiness test;

"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.

Substituted by

L.N. 157 of 1999.

(Regulations 4, 10, 30 and 35)

Amended by

L.N. 159 of 2003;

Classification of Vehicles

L.N. 43 of 2008.

Substituted by

L.N. 49 of 2011.

Amended by

L.N. 124 of 2017;

L.N. 298 of 2022.

Motor vehicles are classified as follows for testing purposes

- Motor vehicles used for the carriage of passengers and which

can carry more than eight persons excluding the driver (M2

and M3 vehicles)

- Motor vehicles used for the carriage of goods and having a

maximum permissible mass exceeding 3.5 tonnes (N2 and N3

vehicles)

CATEGORY III - Trailers and semi-trailers (category O - O1, O2, O3 and O4)

CATEGORY IV - Taxis

Chauffeur driven vehicles

M1 vehicles licensed for hire or leasing

Ambulances

Caravans

- Motor vehicles having at least four wheels, normally used for

the road carriage of goods and with a maximum mass not

exceeding 3.5 tonnes (N1 vehicles)

CATEGORY VI - Motor vehicles having at least four wheels, used for the

carriage of passengers and which can carry no more than eight

persons excluding the driver, including Hearses (M1 vehicles)

CATEGORY VII - Mopeds, Motorcycles, Motor Tricycles, Quadricycles and

Quad bikes (L3e, L4e, L5e and L7e vehicles with an engine

displacement of more than 125cm³).

Wheeled tractors with a maximum design speed exceeding 40

km/h, the use of which mainly takes place on public roads (T1b,

T2b, T3b, T4.1b, T4.2b and T4.3b vehicles)

Every vehicle to which these regulations apply and which is

submitted for testing in accordance with the provisions of these

regulations shall be tested for the purpose of ascertaining whether those

of the prescribed requirements shown in the manuals, which are

applicable to the vehicle, have been complied with at the date of the test.

(Deleted by Legal Notice 124 of 2017.)

Amended by

L.N. 159 of 2003;

[Regulation 8]

L.N. 90 of 2010;

L.N. 49 of 2012.

Substituted by

L.N. 87 of 2012.

Amended by

L.N. 124 of 2017.

APPLICATION FOR A LICENCE TO ACT

AS A VEHICLE TESTING STATION OPERATOR

(1) For the purposes of these regulations motor vehicles to

which these regulations apply shall be classified as shown in the

Second Schedule.

(2) Save as otherwise provided in regulation 5, these

regulations shall apply to every vehicle of a class specified in the

Second Schedule.

Amended by

L.N. 159 of 2003;

(Regulations 9 and 19)

L.N. 41 of 2006;

L.N. 43 of 2008;

SPECIFICATIONS FOR TESTING EQUIPMENT

L.N. 49 of 2012;

L.N.124 of 2017.

Substituted by

L.N. 298 of 2022.

I. Equipment

Vehicle roadworthiness tests undertaken in accordance with these regulations shall

be carried out by using the appropriate equipment. The test equipment that is

necessary will depend on the vehicle categories to be tested, as described in Table I.

The fully-computerised test lane/s shall incorporate the following minimum

equipment

1. For each test lane, a pit or lift and, for the testing of vehicles having a

maximum mass exceeding 3.5 tonnes, a device to lift a vehicle on one of the axles,

equipped with appropriate lighting and, where necessary, with aeration devices;

2. For testing any vehicle, a roller brake tester capable of measuring,

displaying and recording the braking forces and the air pressure in air brake systems,

provided that with effect from 20 May 2023, such roller brake tester shall be in

accordance with Annex A to standard ISO 21069-1 on the technical requirements of

roller brake tester or equivalent standards;

3. For testing vehicles having a maximum mass not exceeding 3.5 tonnes, a

roller brake tester in accordance with item 2, which may not have the capability of

recording and displaying braking forces, pedal force and the air pressure in air brake

systems, or

A plate brake tester equivalent to the roller brake tester in accordance with item 2,

which may not have the capability of recording and displaying the braking forces,

pedal force and the air pressure in air brake systems;

4. A deceleration recording instrument, while non-continuous measurement

instruments must record and, or store measurements at least 10 times per second;

5. Facilities for the testing of air brake systems, such as manometers,

connectors and hoses;

6. A wheel or axle load measuring device to determine the axle loads (optional

facilities for measuring two-wheel loads, such as wheel weight pads and axle weight

pads);

7. A device for testing the wheel-axle suspension (wheel play detector) without

lifting the axis, meeting the following requirements

(a) the device must be equipped with at least two power-operated plates

that can be moved in opposite sense in both the longitudinal and the

transversal directions;

(b) the movement of the plates must be controllable by the operator from

the testing position;

(c) for vehicles having a maximum mass exceeding 3.5 tonnes, the plates

shall comply with the following technical requirements

- longitudinal and transversal movement of at least 95 mm,

- longitudinal and transversal movement speed 5 cm/s to 15 cm/s;

8. A Class II sound level meter;

9. An exhaust gas analyser for petrol and diesel vehicles, provided that with

effect from 20 May 2023, such analyser shall be a 4-gas analyser (carbon monoxide,

carbon dioxide, oxygen and hydrocarbons) in accordance with Directive 2014/32/EU

of the European Parliament and of the Council of 26 February 2014 on the

harmonisation of the laws of the Member States relating to the making available on

the market of measuring instruments (recast);

10. A device for measuring the absorption coefficient with sufficient accuracy;

11. One headlamp aiming device allowing the setting of the headlight to be

tested in accordance with the provisions for the setting of headlights of motor

vehicles (Regulation (EU) 2019/2144); the light and dark boundary must be easily

recognisable in daylight (without direct sunlight);

12. A device for measuring the tread depth of tyres;

13. A device to connect to the electronic vehicle interface, such as an OBD scan

tool;

14. A device to detect LPG/CNG/LNG leakage, if such vehicles are tested.

Any of the above devices may be combined in one composite device,

provided that this does not affect the accuracy of each device.

II. Calibration of equipment used for measurements

The interval between two successive calibrations may not exceed

(i)

24 months for the measurement of weight, pressure and sound level;

(ii) 24 months for the measurement of forces;

(iii) 12 months for the measurement of gaseous emissions.

III. Other Requirements

The fully computerised test lane/s will be required to

1. test the braking efficiency of service, secondary and parking brakes to at

least 50% maximum permissible mass, 25% maximum permissible mass and 16%

maximum permissible mass respectively, as well as a brake imbalance limit of at

least 70% on every axle;

2. test the exhaust gas emissions of petrol engines at least for carbon monoxide

and hydrocarbon gas levels to within manufacturers’ specifications of at least 0%

volume and 50 ppm respectively;

3. measure the engine revolutions per minute and engine oil temperature at time

of test;

4. perform a Lambda test as per makers’ specification and have 1K as its limit

value;

5. test exhaust gas opacity co-efficient of absorption of both naturally aspirated

and turbo-charged diesel engines as per makers’ specifications (minimum scale

range is K= 0 to 6m⁻¹);

6. test steering free play through the use of wheel turning plates;

7. have the facility to lift vehicles for under-vehicle inspection and to raise

separate axles to determine steering and suspension wear and tear;

8. test headlamp aim to pre-set limits within the band tolerances on the

equipment aiming screen as required for headlamp type and height setting;

9. perform exhaust system sound level testing;

10. print and transmit to link at Land Transport Directorate, the limits and actual

values resulting from tests carried out, as well as the particulars of the relative

authorised testing station and of the vehicle undergoing the test, and the date and

time of test.

The software, hardware and communications equipment used by operators must be

capable of on-line retrieval and update of the vehicle databases in use by the Land

Transport Directorate. The software, hardware and communications equipment used

by operators must be in accordance with Government standards.

Table I*

Minimum equipment required for the purpose of performing a roadworthiness test

Vehicles

Category

Equipment required for each item listed in section I

Maxim

um

1 2

8 9 10

Mass

1.Motorcy

**

cles

L1e

P

x x

x

x

x

L3e,

P

x x

x

x

x

L4e

L3e,

D

x

x

x

x

x

L4e

L2e

P

x

x

x

x

x

x

L2e

D

x

x

x

x

x

x

L5e

P

x

x

x

x

x

x

L5e

D

x

x

x

x

x

x

L6e

P

x

x

x

x

x

x

L6e

D

x

x

x

x

x

x

L7e

P

x

x

x

x

x

x

L7e

D

x

x

x

x

x

x

2. Vehicles

for the

carriage of

persons

≤3,500

M1,

P

x

x

x x

x

x

x

kg

≤3,500

M1,

D

x

x

x

x

x

x

x

kg

> 3,500

M2,

P

x x

x

x

x

x

x x

x

x

x

x

kg

> 3,500

M2,

D

x x

x

x

x

x

x

x

x

x

x

kg

3. Vehicles

for the

carriage of

goods

≤ 3,500

P

x

x

x x

x

x

x

x

kg

≤ 3,500

D

x

x

x

x

x

x

x

kg

> 3,500

N2,

P

x x

x

x

x

x

x x

x

x

x

x

kg

> 3,500

N2,

D

x x

x

x

x

x

x

x

x

x

x

kg

4. Special

vehicles

derived

from a

category N

vehicle,

T1b, T2b,

T3b,

T4.1b,

T4.2b and

T4.3b

≤ 3,500

P

x

x

x x

x

x

x

x

kg

≤ 3,500

D

x

x

x

x

x

x

x

kg

> 3,500

N2,

kg

N3,

T1b,

T2b,

P

x x

x

x

x

x

x x

x

x

x

x

T3b,

T4.1b,

T4.2b

and

T4.3b

> 3,500

N2,

kg

N3,

T1b,

T2b,

D

x x

x

x

x

x

x

x

x

x

x

T3b,

T4.1b,

T4.2b

and

T4.3b

5. Trailers

≤ 750

x

kg

> 750

Kg ≤

x

x

x

3,500

kg

> 3,500 O3,

x x

x

x x

x

kg

* The vehicle categories which are outside the scope of these regulations are included for guidance.

** P…petrol (positive ignition); D…diesel (compression ignition)."

(1) Vehicles of the Armed Forces of Malta are exempted

from the provisions of these regulations, however; they shall be tested

annually by a qualified tester at a station established and operated

by the said Armed Forces.

(2) Motor vehicles intended for private use, which are fifty (50)

years or m ore from the d ate of m anufacture and whic h are

classified as vintage vehicles by the vintage vehicle classification

committee in accordance with the Motor Vehicles Registration and

Licensing Act, shall be exempt from the provisions of these

regulations

Provided that such vehicles shall be required to obtain a

roadworthiness certificate upon their initial classification and

registration as vintage vehicles in Malta

Provided further that such vehicles shall also be maintained in a

state of good repair by their respective owners. The Authority reserves

the right to inspect maintenance records and may revoke the

exemption if such records are not adequately maintained or are not

produced when requested.

Amended by

L.N. 43 of 2008.

(Regulations 9 and 28)

SPECIFICATIONS FOR TESTING STATIONS

All stations -

(a)

shall have the minimum dimensions of the entrance and inspection area for

the various classes of vehicles as shown hereunder:-

Entrance

Inspection Area

Height

Width

Length

Width

Heavy Vehicles

4.5m

3.5m

19.0m

4.5m

Light Vehicles

2.4m

2.5m

6.0m

3.5m

Motorcyles

-

-

3.0m

1.5m

(b)

should have a maximum of two test lanes and should be suitable for the

testing of vehicles in the class applied for;

(c)

should be provided with a partitioned-off area within the premises, for

vehicle owners from where they could watch their vehicle being tested.

(d)

should, in the case where other services are provided from the same

premises, ensure that the testing area is partitioned-off by means of a wall or

other permanent structure;

(e)

all premises, except those for the testing of motorcycles, should preferably

be of the through-flow type, i.e., entering at one end and completing the test

at the other;

(f)

the test area shall have a floor capable of supporting the weight of vehicles

under test;

(g)

should preferably contain sufficient space for off-road parking;

(h)

should have safe access from and to the public road;

(i)

the testing site should be secured at close of business.

The Motor Vehicles Regulations shall apply to the vehicle

roadworthiness testing in so far as they are not inconsistent with

these regulations.

(Deleted by Legal Notice 90 of 2010).

(1) Subject to the provisions of regulation 19(4), no

circulation licence shall be issued or renewed by the Authority

under the provisions of the Registration and Licensing of Motor

Vehicles Regulations, unless the applicant produces the passed test

result to prove that the vehicle has undergone and passed the

roadworthiness test according to the provisions of these regulations

within ninety days prior to the issue of the licence.

(2) Owners of vehicles shall at all times ensure that the vehicle

is in conformity with the provisions of these regulations, and the

issue of a valid passed test result will not exonerate the owner of

the vehicle thereof from compliance with the prescribed

requirements at all times; and no liability whatsoever shall attach

either to the operator or to the Authority by virtue of the issue of a

passed test result.

No person shall keep or operate a vehicle roadworthiness

testing station without an authorisation from the Authority.

PART II

Operators

(Deleted by Legal Notice 90 of 2010).

(1) An application for authorisation to keep and operate a

vehicle roadworthiness t estin g s t a t io n m a y be m a d e to th e

Authority by

(a) an individual;

(b) a partnership; or

(c) a company.

(2) Every application shall be made on the prescribed form, as

specified in the Third Schedule, and signed -

(a) where the application is made under sub-regulation

(1)(a), by the individual making the application; and

(b) where the application is made under sub-regulation

(1)(b) or (c), by a person duly authorised by the

partnership or company.

(3) The application form shall be presented together with the

following information and documents

(a) the area site plan and the internal set-up of the

premises in respect of which the application has been

submitted, and all authorisations, licences or permits

whatsoever as may be required by law in relation

thereto;

(b) a banker’s reference or similar evidence of sound

financial standing of the applicant;

(c) details and police conduct certificates of applicants,

directors, partners or any other person, as the case may

be.

(4) An applicant for an operator’s authorization shall satisfy

the Authority that he -

(a) is of good repute, and

(b) is of an appropriate financial standing.

(5)

For the purpose of this regulation -

(a) a person is not considered to be of good repute if he

has been convicted, during the previous five years, of

a crime liable to a term of imprisonment of three

months or more or a fine of at least four hundred sixty

euro (€460); and

(b) a person is not considered as having an appropriate

financial standing if he does not provide proof

showing total assets less total liabilities of twenty-

three thousand euro (€23,000).

(1) Complete applications for authorisation shall be

acknowledged in writing within seven working days from receipt,

and the said notice shall specify

(a) the period within which the application shall be

processed in accordance with these regulations;

(b) the available means of redress where the Authority

refuses an application for an operator’s authorisation;

and

(c) a statement that in the absence of a response within the

period referred to in paragraph (a), the authorisation

shall be deemed to have been granted.

(2) In the case of an incomplete application, the applicant shall

be informed within seven working days from receipt thereof, about

the need to supply any additional documentation or information.

(1) Where an operator already established in Malta or in

a n o t h e r M e m b e r St a t e a p p l i e s f o r a u t h o r i s a t i o n f o r a n e w

establishment in Malta, that operator shall not be required to

undergo requirements and controls which are equivalent or

essentially comparable as regards their purpose to which the

operator is already subject in Malta or in another Member State.

(2) Where an applicant is not already established in Malta or in

another Member State and proposes to act as an operator in more

than one place in Malta in the same application process (Dual

Application) or following the first application (Subsequent

Application), the applicant shall

(a) in the case of a Dual Application, not be required to

provide the information which is common to both

places more than once but shall provide any

information which is specific or particular to such

additional places;

(b) in the case of a Subsequent Application, provide only

that information which was given in the original

application and which is at the date of such subsequent

application not valid anymore and provide that

information which is specific or particular to such

additional places in accordance with paragraph (a)

Provided that the term "applicant" shall not include those

applicants who have had their application or applications validly

and conclusively refused by the Authority.

(3) Notwithstanding anything contained in this regulation, the

applicant shall still complete any application form as may be

required by the Authority.

Substituted by

L.N. 157 of 1999;

(Regulations 18A, 18B, 18E, 19 and 48)

Amended by

Fees * and Frequency of Tests

L.N. 159 of 2003.

Substituted by

L.N. 41 of 2006;

L.N. 408 of 2007.

Amended by

L.N. 43 of 2008.

Substituted by

L.N. 49 of 2012.

Amended by

L.N. 149 of 2014.

Substituted by

L.N. 58 of 2016;

L.N.124 of 2017;

L.N. 330 of 2019.

Amended by

L.N. 298 of 2022.

Category of vehicle

Full Fee

Full Fee

Full Fee

Frequency

€

€

€

of Tests

Up to 31 st

From 1 st

From 1 st

December

January

January

2020 to

31 st

December

Category I

Motor vehicles used for the carriage

of passengers and with more than

eight seats excluding the driver’s seat

(M2 and M3 vehicles)

Vehicles with a maximum

26.32

36.32

41.32

B

permissible mass not exceeding 3.5

tonnes

Vehicles with a maximum

31.10

41.10

46.10

B

permissible mass exceeding 3.5

tonnes

Category II

Motor vehicles used for the carriage

31.10

41.10

46.10

B

of goods and having a maximum

permissible mass exceeding 3.5

tonnes (N2 and N3 vehicles)

Category III

Trailers and semi-trailers

with a maximum permissible mass

26.32

36.32

41.32

C

not exceeding 3.5 tonnes (O1 and O2

vehicles)

31.10

41.10

46.10

B

with a maximum permissible mass

exceeding 3.5 tonnes

(O3 and O4 vehicles)

Category IV

Taxis

20.27

25.27

30.27

B

Chauffeur driven vehicles

20.27

25.27

30.27

B

M1 vehicles licensed for hire or

20.27

25.27

30.27

D/E

leasing

20.27

25.27

30.27

B

Ambulances

20.27

25.27

30.27

B

Caravans

Category V

Motor vehicles having at least four

wheels, normally used for the road

26.32

36.32

41.32

C/E

carriage of goods and with a

maximum permissible mass not

exceeding 3.5 tonnes (N1 vehicles)

Category VI

Motor vehicles having at least four

wheels, used for the carriage of

20.27

25.27

30.27

D/E

passengers and with no more than

eight seats excluding the driver’s

seat, including Hearses (M1 vehicles)

Category VII**

Mopeds, Motorcycles, Motor

Tricycles, Quadricicyles and Quad

14.33

19.33

24.33

A

Bikes (L3e, L4e, L5e and L7e

vehicles with a combustion engine

with a displacement of more than

125cm³)

Category VIII***

Wheeled tractors, the use of which

mainly takes place on public roads

31.10

41.10

46.10

with a maximum design speed

exceeding 40 km/h (T1b, T2b, T3b,

T4.1b, T4.2b and T4.3b vehicles)

Imported used vehicles

1. Without prejudice to regulation

18B, a used vehicle brought into

Malta from another Member State

shall be deemed to be covered by a

valid roadworthiness certificate in

accordance with these regulations if

that vehicle is already covered by a

roadworthiness certificate issued by As above

As above

As above

that Member State that is still valid in according to according according to

terms of the frequency intervals category to category category

established in Annex 1 of Directive

2009/40/EC and, with effect from 20

May 2018, those established in article

5 of Directive 2014/45/EU. The

Authority may however; for justified

reasons require any such vehicle to be

submitted for a roadworthiness test

prior to its registration in Malta.

2. A used vehicle imported from a

third country shall undergo a

roadworthiness test in accordance

with these regulations prior to

registration in Malta irrespective As above

As above

As above

whether or not that vehicle is already according to according according to

covered by a valid roadworthiness category to category category

certificate issued by that country or

by any other Member State.

Change of holder of the registration

certificate of a vehicle

1. Without prejudice to regulation

18B, a vehicle which is covered by a

valid roadworthiness certificate in

accordance with these regulations,

shall not be required to undergo

another roadworthiness test in the

event that the holder of the As above

As above

As above

registration certificate of that vehicle according to according according to

changes.

The

Authority

may category to category category

however; for justified reasons require

any such vehicle to be submitted for a

roadworthiness test prior to changing

the holder of the registration

certificate of such vehicle.

* Fees inclusive of VAT.

** Subject to test with effect from such a date as the Minister responsible for transport may

by notice in the Gazette establish.

*** Subject to test with effect from 20 May 2018.

Frequency of test

A. Such frequency as the Minister responsible for transport may by notice in the Gazette

establish

B. One year from date of first registration and annually thereafter

C. Two years from date of first registration and biennially thereafter

D. Four years from date of first registration and biennially thereafter

E. One year from reaching a distance driven of more than 160,000km in a roadworthiness

test and annually thereafter.".

(1) Where an application has been made in accordance

with regulation 8, the Authority shall make such investigations and

carry out such inspections as are reasonably required to ensure

conformity with the specifications for testing equipment as

specified in the Fourth Schedule as well as conformity with the

specifications for testing stations as specified in the Fifth Schedule,

and the Authority shall inform the applicant by notice in writing,

by not later than twenty working days from receipt of all the

relevant documents, of the Authority’s decision and, where the

application is refused, it shall state the reasons therefor

Provided that where circumstances necessitate an

extension for consideration of an application, such period may be

extended once by the Authority for a further period not exceeding

ten working days in addition to the above period and the applicant

shall be notified of the extension, its duration and the reasons

therefor.

(2) Where the Authority has not taken a decision within the

prescribed period or extended period referred to in this regulation,

the application shall be deemed to have been decided in favour of

the applicant.

(3) Any authorisation granted by the Authority may not be

assigned or transferred in any way whatsoever to any other person,

and any such assignment or transfer to any other person shall be

considered null and void and constitute sufficient grounds for the

Authority to cancel that authorisation.

Substituted by

L.N. 157 of 1999;

(Regulation 19)

L.N. 159 of 2003;

L.N. 41 of 2006;

L.N. 69 of 2006;

L.N. 408 of 2007;

L.N. 43 of 2008;

L.N. 49 of 2012.

Amended by

L.N. 149 of 2014;

L.N.124 of 2017;

L.N. 298 of 2022.

Authority for Transport Administrative Charge

Category of vehicle

Administrative

charge

€

Category I

Motor vehicles used for the carriage of passengers and with more than

eight seats excluding the driver’s seat (M2 and M3 vehicles)

- Vehicles with a maximum permissible mass not exceeding 5 tonnes

0.70

- Vehicles with a maximum permissible mass exceeding 5 tonnes

0.70

Category II

Motor vehicles used for the carriage of goods and having a maximum

permissible mass exceeding 3.5 tonnes (N2 and N3 vehicles)

0.70

Category III

Trailers and semi-trailers

- with a maximum permissible mass not exceeding 3.5 tonnes

0.70

- with a maximum permissible mass exceeding 3.5 tonnes

0.70

Category IV

Taxis

0.45

Chauffeur driven vehicles

0.45

M1 vehicles licensed for hire or leasing

0.45

Category of vehicle

Ambulances

Caravans

Category V

Motor vehicles having at least four wheels, normally used for the road

carriage of goods and with a maximum permissible mass not exceeding

3.5 tonnes (N1 vehicles)

Category VI

Motor vehicles having at least four wheels, used for the carriage of

passengers and with no more than eight seats excluding the driver’s seat,

including Hearses (M1 vehicles)

Category VII

Mopeds, Motorcycles, Motor Tricycles, Quadracycles and Quad Bikes

(L3e, L4e, L5e and L7e vehicles with a combustion engine with a

displacement of more than 125cm³) 0.70

Category VIII

Wheeled tractors with a maximum design speed exceeding 40km/h, the use

of which mainly takes place on public roads (T1b, T2b, T3b, T4.1b, T4.2b

and T4.3b vehicles)

Imported used vehicles

(1) Where the Authority authorises an applicant to act as

operator of a vehicle roadworthiness testing station, the

authorisation shall be subject to the payment of five hundred and

eighty-two euro (€582) as an annual fee per testing station and the

operator shall comply with the following conditions

(a) the operator shall assume full responsibility for all the

testing procedures carried out in the station;

(b) the operator shall give notice to the Authority of the

names of all persons who are from time to time

authorised, in pursuance of arrangements made in

accordance with regulation 13, to carry out or

personally supervise tests at a station; and every such

notice shall be given within seven days after the date

of any such authorisation; in the case of a company or

partnership the notice shall be accompanied by a duly

signed authorisation certifying that the person signing

the notice is duly empowered to sign on behalf of the

company or partnership;

(c) the operator shall put up and keep exhibited inside the

station in some conspicuous place so as to be legible to

MOTOR VEHICLE ROADWORTHINESS TEST

persons submitting vehicles for testing at that station -

(i)

the authorisation in which that station is

specified, and

(ii) a list of the names of the persons for the time

being authorised to carry out or personally

supervise tests at that station;

(d) the operator shall make the station and the equipment

at that station with which testing is carried out,

available for the purpose of a test to be carried out by

officials of the Authority, for the purpose of ensuring

conformity with the prescribed requirements;

(e) the operator shall immediately inform the

Commissioner of Police of any vehicle, which is

brought in for a test, and which, according to

information received by the operator from the

Authority, is a stolen vehicle or a vehicle used in the

commitment of a criminal offence;

(f)

the operator shall give prior notice of seven days to the

Authority -

(i)

of his entering into any partnership with a view

to carrying on a business which will comprise

the carrying out of tests at that station, in the

case where he is the sole individual named in an

authorisation; and

(ii) of any change in the constitution of the

company, in the case where he is a company,

and such notice shall be treated as an application under

the provisions of regulation 9;

(g) the operator shall have an authorisation from the

Authority to permit the testing of vehicles in his

station, on one or more of the categories of vehicles as

specified in the Second Schedule;

(h) the operator shall have on the premises a minimum of

one qualified tester and an assistant tester for each test

lane;

(i)

the operator shall not conduct vehicle testing unless

the Authority’s testing unit is satisfied that facilities

and equipment conform with the prescribed

requirements;

(j)

the operator shall abide at all times with the

regulations and standards concerning the vehicle

roadworthiness test as stipulated in these regulations,

and approved by the Authority;

(k) the operator shall provide proof that his vehicle testers

receive the necessary training in the use of their

testing equipment by the suppliers or the agents of

such equipment;

(l)

the operator shall keep on the premises the approved

and accredited testing manual or manuals;

(m) the operator shall provide the Authority with a copy of

all manuals provided with the testing equipment;

(n) the operator shall allow regular inspections by vehicle

testing inspectors according to the standards and

requirements laid down under any applicable

regulations;

(o) the operator shall not refuse to test any vehicle of

whatever age, make or type within the classes for

which authorisation is given, except in the following

circumstances

(i)

when the vehicle’s registration certificate is not

presented to the operator or tester or when the

details contained in the registration certificate

do not comply with the correct details of the

vehicle;

(ii) when the vehicle cannot be driven or has

insufficient fuel or oil to complete the test;

(iii) when the vehicle is presented in such a dirty

condition that examination is difficult;

(iv) when an operator considers that an insecure load

or other items would prevent a proper test being

carried out unless it can be unloaded;

(v) when the vehicle is of such a size or weight that

it cannot be properly or safely tested on the

approved facilities;

(p) the operator shall, under no circumstance, instruct or

otherwise advise a vehicle owner to effect repairs or

adjustments as indicated in the test result, at the same

premises;

(q) the operator shall permit and do anything necessary in

order for any representative of the Authority to be able

to inspect the premises, records, equipment, and the

operation going on at the station;

(r) the operator shall, under no circumstance, issue a

passed test result unless a complete test has been

carried out and all the testable items comply with the

required conditions and standards established under

these regulations, or a re-test is completed and the

tester confirms that the necessary repairs have been

carried out;

(s) the operator shall provide for the safekeeping of all

documents and forms in his possession, as well as the

garage stamp;

(t)

the operator shall sign any forms or documents in

indelible ink, and write clearly and without alterations;

(u) the operator shall not charge a fee which is in excess

of the prescribed amount; and

(v) the operator shall at all times comply with or maintain

the conditions or requirements indicated under

regulation 8.

(2) The Authority may, on justified grounds, give notice to an

operator that any person employed in his station should cease from

carrying out or supervising tests, or to endorse passed test results,

and on receipt of that notice the operator shall arrange that that

person shall no longer carry out or supervise tests or endorse

passed test results, as the case may require.

(3) Operators shall be bound to inform the Authority, within

seven days, of any termination of employment or engagement of

testers within their staff complement.

(Deleted by Legal Notice 49 of 2012).

(1) An authorisation of an individual as an operator will

automatically cease to have effect if -

(a) he dies;

(b) he becomes a patient in a mental hospital; or

(c) he is convicted of an offence affecting public trust.

(2) An authorisation of a partnership as an operator will

automatically cease to have effect if -

(a) the partnership is dissolved; or

(b) one or more partners is or are, as the case may be,

convicted of an offence affecting public trust

Provided that the non-convicted partner or

partners shall be eligible to apply for an authorisation

in their individual capacity, or as a new partnership

without the convicted partner or partners.

(3) An authorisation of a company as an operator will

automatically cease to have effect if, in relation to the company -

(a) a winding-up order is made;

(b) a resolution for voluntary winding-up is passed;

(c) a receiver or manager of the company’s undertaking is

appointed; or

(d) the taking of possession, by or on behalf of the holders

of any debenture secured by a floating charge, or of

any property of the company comprised in or subject

to the charge, occurs.

(4) An operator may at any time give notice to the Authority

stating that, after such date as may be specified in the notice, that

operator does not propose to continue to act as an operator under

any of the authorisations of that operator or under such

authorisation as may be specified in the notice, and any

authorisation to which the said notice relates shall cease to have

effect on the date so specified in relation to it

Provided that in the case where an operator opts to cease to

operate the testing station for a period of time not exceeding one

calendar month in any particular calendar year the operator shall

seek prior approval by the Authority, and approval shall be granted

by the Authority if it is satisfied that reasonable grounds exist for

temporary closure

Provided further that where an operator ceases to operate

the testing station without permission from the Authority or beyond

the t erm allow ed , the Au thority may revo ke th e operator ’s

authorisation.

(5) The Authority may at any time and on reasonable grounds

suspend, withdraw or revoke an authorisation to operate a test

station by giving an operator a notice in writing containing the

reasons for such suspension, withdrawal or revocation

Provided that unless there exist gross acts of misconduct or

negligence or any other serious grounds for immediate suspension,

withdrawal or revocation, the operative date of such notice shall be

not less than twenty-eight days from the date of notification.

(6) An authorisation in respect of which a notice is given shall,

unless it is cancelled before that date, cease to have effect on the

date specified in the notice.

(7) Upon the termination or revocation of an authorisation as

an operator of a testing station, any person previously qualifying as

operator who opts to re-apply for authorization, shall make a fresh

application and the Authority shall be furnished afresh with any

information and documents which are to be supplied with any new

application.

(Deleted by Legal Notice 49 of 2012).

(1) If an authorisation of an operator ceases to have effect,

the operator shall send to the Authority such of the following

documents as are then in his possession

(a) all unused forms of passed test results, inspection

reports, inspection cards and notices of refusal to issue

a passed test result;

(b) all copies of passed test results and notices of the

refusal of passed test results;

(c) all other records kept in accordance with regulation

25; and

(d) in the case of the authorisation of a tester ceasing to

have effect, the document of authorisation.

(2) On receipt of any unused forms, which were originally

obtained from the Authority, of passed test results sent to him in

accordance with sub-regulation (1), the Authority shall refund to

the operator such amount as may have been paid for the supply of

the said forms.

(3) The Authority may, in respect of unissued forms of passed

test results which are returned to it as having been cancelled

because they have been spoilt or defaced, refund to the operator the

amount originally paid less an appropriate deduction of fifty per

cent.

PART III

Testers

Added by

L.N. 43 of 2008.

(Regulation 21)

Amended by

L.N. 49 of 2012.

Substituted by

L.N.124 of 2017.

Penalty Points System used to determine the number of penalty points to be endorsed for

breaches committed by an operator or by a tester

Item

Offence

Points

Operator

Tester

Operating without an assistant tester

No MOT inspection manual in test lane

VRT station not clean or unsafe for the tester and the public

Testing with faulty or without VRT equipment, or with an

expired calibration certificate

Conducting and providing services other than a service

which forms part of a VRT test within the designated area

approved by the Authority for Transport in Malta during

operating hours

Test carried out by unregistered tester

1,000

Conviction of a serious offence not necessarily connected

with vehicle mandatory testing but which could affect the

proper conduct of testing

1,000

Additional penalty points to operators who have five

offences totaling at least 250 points within a period of thirty

six months

1,000

Not carrying out all preliminary checks

Not updating the online system within stipulated times and/

or not adhering to other administrative procedures

Not checking chassis number (or VIN) properly

Failure to carry out the correct test procedures as stipulated

in the Directive or VRT manual and its amendments or to

input correct vehicle data as stipulated in the VRT manual

prior to carrying out an official test on that particular vehicle

Overlooking a fault in, or failing to test for, position lights

Overlooking a fault in, or failing to test for, signaling lights

Overlooking a fault in, or failing to test for, driving lights

Overlooking a fault in, or failing to test for, tell-tale lights

Overlooking a fault in, or failing to test for, service brakes

Overlooking a fault in, or failing to test for, parking brakes

Overlooking a fault in, or failing to test for, steering other

than torn bellows

Overlooking a fault in, or failing to test for, tyres

Overlooking a fault in, or failing to test for, suspension

Overlooking a fault in, or failing to test for, windscreen

Overlooking a fault in, or failing to test for, exhaust system

Overlooking a fault in, or failing to test for, noise

Overlooking a fault in, or failing to test for, emission from

spark ignition engines

Overlooking a fault in, or failing to test for, compression

ignition engine exhaust smoke

Overlooking a missing or tampered with diesel pump seal

Overlooking a fault in, or failing to test for, wipers

Overlooking a half shaft torn bellows

Overlooking a steering torn bellows

Overlooking tinted glass

Overlooking a fault in, or failing to test for, seatbelts

Overlooking lack of pedal rubber pads

Overlooking a fault in, or failing to test for, seat structure

Overlooking, or failing to test for, body rust

Overlooking a fault in, or failing to test for, windscreen

washers

Overlooking a fault in, or failing to test for, wheel bearings

Overlooking a fault in, or failing to test for, wheel studs

Overlooking a fault in, or failing to test for, rear view mirrors

Overlooking lack of fire extinguisher

Overlooking lack of glass breaking hammer

Overlooking lack of spray suppression system

Overlooking a fault in, or failing to test for, braking system

warning device

Overlooking a fault in, or failing to test for, fuel system

Overlooking a fault on, or failing to test for, couplings

devices

Overlooking a fault in, or failing to test for, door locks

Overlooking a missing First Aid Kit (Public Transport

Vehicle only)

Overlooking a fault on, or failing to test for, securities of

batteries

Photo procedure not followed

Four repeat offences of the same type by the same tester

Conducting a test on a vehicle the class of which the tester is

not qualified to test

Preconditioning a vehicle owner to effect repairs or

adjustments as indicated in the test result at the same

premises

Carrying out a roadworthiness test on a motor vehicle on

which the tester has, immediately prior the test, carried out

repairs to testable items

Failing to note a malfunctioning or tampered odometer (if

available)

Failing to note or overlooking discrepancies in odometer

readings

Overlooking a fault in, or failing to test Airbag warning

Light

Overlooking a fault in, or failing to test ESC (electronic

stability control) warning light

Overlooking a fault in, or failing to test EPB (electronic

parking brake) warning lights

Overlooking a fault in, or failing to test power steering

warning lights

Overlooking a fault in, or failing to test engine check

warning lights

Overlooking a fault in, or failing to test door handles

Overlooking a fault in, or failing to test vehicle’s windows

other than windscreen

Overlooking a fault in, or failing to test number plate lights

Overlooking a deficiency in vehicle registration plate

Overlooking, or failing to check for, corrosion on vehicle

stress points

Overlooking a fault in, or failing to test the audible warning

system

Overlooking a fault in, or failing to test excessive oil leak in

dumpers

Overlooking a fault in, or failing to test CV joints

Failing to check vehicle registration document data with

actual vehicle data

Failure to give notice to the Authority of any change in the

names of persons authorised to personally carry out or

supervise tests at the station

Failure to put up and keep exhibited at the station the details

specified in regulation 10(1)(c)

Failure to make the station and equipment available to

officials of the Authority for the purpose of carrying out any

test which they may require

Failure to inform the Commissioner of Police that a vehicle

brought in for a test is a stolen vehicle or was used in the

commitment of a criminal offence

Failure to give prior notice to the Authority in the

circumstances envisaged in regulation 10(1)(f)

Failure to provide Authority with copy of manuals provided

for testing equipment when so required to do

Failure to provide for the safe-keeping of all documents,

forms and stamps in his possession

Charging of fee in excess of the prescribed amount

Failure to remove from station a person with regard to whom

Authority has objected in terms of regulation 10(2)

Failure to inform Authority within 7 days of termination of

employment of tester

Failure to inform Authority within 7 days of any reason for

which authorization should cease to have effect in terms of

regulation 11

Carrying out tests during period of temporary closure of

station or suspension of authorization

Failure to make station available for a re-test ordered by the

officials of the Authority

Failure to have in place adequate insurance coverage as

required by regulation 17

Requiring indemnity from clients for any damages which

may be occasioned in the station in violation of regulation

17(2)

Failure to inform Authority of a break-down in the online

retrieval system

Assignment of authorization to third party without

Authority’s approval

Destruction of official documents or forms

1,000

Failure to keep records as required in regulation 26(1)

Failure to send records and/or copies of test results to the

Authority

Failure to issue duplicate test result when so requested

Refusal to test vehicle within the class of his authorization

except in the cases specified in paragraphs (i) to (v) of

regulation 10(1)(o)

Failure to abide by lawful instructions of Authority’s

officials

Issued a pass result either without conducting a complete test

or where a fail result should have been issued

1,000

1,000

Making improper use of VRT certificate blanks

1,000

1,000

Back-dating of VRT certificate

1,000

1,000

Falsification of data recorded during testing of a vehicle

1,000

1,000

Carrying out test on vehicle for which the vehicle registration

certificate is not produced

Carrying out test on vehicle the details of which do not tally

with the details shown on its vehicle registration certificate

150".

(1) Persons qualified as testers shall be registered for such

purpose with the Authority and the Authority shall keep a register

of such testers.

(2) The registration shall be made by application on the

prescribed form to the Authority and shall be accompanied by

documents showing that person’s qualifications to act as a vehicle

tester, whether issued nationally or in another country, and a

registration fee of twenty-five euro (€25).

(3) The Authority shall, by not later than twenty-one working

days from receipt of the application and of all relevant documents,

inform the applicant in writing of its decision on the application,

and where an application for registration is refused, it shall state

the reasons thereof.

(4)

A person may qualify as a tester if such person -

(i)

is over nineteen years of age on the date of the

application;

(ii) is of good repute

Provided that for the purpose of this regulation

"good repute" shall have the same meaning

assigned to it under regulation 8;

(iii) is in possession of a driving licence for the

categories of vehicles applicant is qualified to

test;

(iv) is in possession of a Technician Certificate in

Motor Vehicle Systems (Part 2) or any

equivalent certificate

Provided that with effect from 20 May 2018 new

applicants shall be in possession of a recognised

qualification at a level not less than level 4 of the

Malta Qualifications Framework as detailed in the

First Schedule to the Malta Qualifications

Framework for Lifelong Learning Regulations,

which qualification shall confirm the requisite

level of knowledge and understanding for road

vehicles in the areas listed in point 1(a) of Annex

IV of Directive 2014/45/EU;

(v) has at least three years experience repairing the

category of vehicles he is qualified to test;

(vi) is in possession of a certificate issued by the

Authority following the successful completion

of a course organised by a body accredited by

the Authority or is in possession of a certificate

issued by the competent authority in a Member

State

Provided that with effect from 20 May 2018 such

course shall include the topics referred to in point

2(a) of Annex IV of Directive 2014/45/EU.

(5) Persons who, on the entry into force of these regulations,

have already been licensed as testers by the Authority shall be

considered as being in possession of the necessary qualifications

and shall be immediately registered as qualified testers in the

register to be kept by the Authority in accordance with sub-

regulation (1).

(6) The Authority shall issue a certificate of competence to all

testers found on the register of testers. Such certificate shall be valid

for a period of three years and shall only be renewed upon the

successful completion of the refresher training referred to in regulation

14(3).

(7) An operator of a vehicle roadworthiness testing station

shall only employ as testers persons whose name appears in the

register held by the Authority.

Added by

L.N. 49 of 2012.

(Regulation 18A)

Procedure for taking and presenting photographs of vehicles

undergoing the roadworthiness test

1. The VRT tester shall take a photograph of every vehicle that is tested each

2. The photograph shall be taken from a suitable area within the VRT station.

3. The first photograph shall capture the left front of the vehicle together with

the vehicle registration number. Where no registration plate is fitted to the vehicle, a

s e c o nd p h ot o g r a p h s h a l l b e t a ke n sh ow i n g t h e c ha s s i s n u m b e r o r Veh i cl e

Identification Number (VIN) plate of the same vehicle.

4. This procedure is applicable to all vehicles subject to a VRT test.

5. Used vehicles imported or brought into Malta which would be required to be

tested prior to registration by the Authority and which do not carry a registration

number, shall also have the last three digits of the chassis number clearly placed on

the windscreen prior to the taking of the photograph. The same procedures apply if

the vehicle requires a second test.

6. Every photograph taken shall display the correct date and time of when it

was taken; i.e just before the commencement of the VRT test.

7. The time setting of the camera has to match with that of the VRT station

software/printouts set time.

8. All photographs taken on each day shall be copied on a CD or harddisk that

same day by the VRT Station.

9. A CD containing all the photographs of the previous month shall be

forwarded to the Authority’s Technical Unit by not later than the fifteenth day of the

following month, together with the previous month’s report of VRT tests undertaken

by the respective station and the Authority shall acknowledge the receipt of the said

CD containing the photographs.

10. Data of photographs is to be kept on a VRT station harddisk for no less than

three months.

11. Vehicles that are subject to a VRT retest, shall be photographed in

accordance with the provisions of items 3 and 5.

(1) When carrying out a roadworthiness test, a tester shall be

free from any conflict of interest so as to ensure, to the satisfaction of

the Authority, that a high level of impartiality and objectivity is

maintained.

(2) Every tester so employed shall also comply with the

following conditions

(a) the tester shall carry out tests of motor vehicles of any

such class which he is qualified and registered to test,

and shall in all other respects comply with each of the

provisions of these regulations as apply to the tester;

(b) the tester shall abide, at all times, with the regulations

and standards concerning the vehicle’s roadworthiness

test as stipulated in these regulations and approved by

the Authority;

(c) the tester shall, under no circumstances, pre-condition

a vehicle owner to effect repairs or adjustments as

indicated in the test result, at the same premises, or

carry out a roadworthiness test on a motor vehicle on

which he has, immediately prior to the test, carried out

repairs on testable items;

(d) the tester shall, under no circumstances, endorse a

passed test result unless a complete test has been

carried out and all the testable items have been found

to be satisfactory, or endorse a passed test result of a

re-test unless the re-test confirms that the necessary

repairs to the testable items have been carried out;

(e) the tester shall not perform vehicle testing unless the

Authority is satisfied that facilities and equipment in

the station where he is employed conform to the

prescribed requirements;

(f)

the tester shall consult and follow the standards

established in the approved and accredited testing

manuals.

(3) In order to renew the certificate of competence referred

to in regulation 13(6), a tester shall receive refresher

training organized by the Authority or by a body

accredited by the Authority, which training shall be in

relation to the topics listed in point 2(a) of Annex IV of

Directive 2014/45/EU.

(4) The Authority may cancel from the register the name of a

tester if the tester is in breach of any of the conditions laid down in

sub-regulations (1), (2) and (3).

PART IV

Testing

Added by

L.N. 124of 2017.

(Regulations 39 and 47)

Administrative penalties to be levied on undertakings for breaches found during technical

roadside inspections

Third and any

First Breach

Second Breach

other subsequent

Description of Breach

€

€

Breach

€

Roadworthiness certificate

and/or most recent technical

roadside inspection report not

kept on board the vehicle

Vehicle found to have major

deficiencies

Vehicle found to have

dangerous deficiencies

1,200

(1) An application for testing (including re-testing) of a

vehicle shall be made to an operator by arrangement made in

writing.

(2)

Operators shall ensure that -

(a) where an application is made in accordance with sub-

regulation (1), an appointment is forthwith offered for

the carrying out of the test at the earliest time at which

it is reasonably practicable for the test to be carried out

during any normal working day;

(b) where, in default of sub-regulation (1), a vehicle is

submitted for a test without any appointment for the

carrying out of the test having been previously made,

the applicant is informed either that the test can be

carried out forthwith or, if this is not possible, of the

earliest time at which it is reasonably practicable for

the test to be carried out during the normal working

day;

(c) except in so far as prevented by circumstances beyond

the control of the tester or operator, tests are carried

out in accordance with the appointments made or the

information given in pursuance of the preceding

provisions of this regulation or at such other times as

may be arranged between the applicant and the

operator.

(3) On an appointment being made or a time being arranged

for the carrying out of a test in accordance with sub-regulation (2),

the operator shall record the hour and the date thereof and the name

of the person by whom the application for the test is made.

(4) Nothing in this regulation shall be taken as entitling an

operator to allow the testing of a vehicle not being of a type

included in the authorisation of the operator.

(5) When a re-test of a vehicle is required by order of the

Authority, the operator is to ensure that he makes the station

available for such re-test, by an inspector duly appointed by the

Authority, as and when required by the Authority.

Added by

L.N. 74 of 2024.

(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

Added by

L.N. 74 of 2024.

(regulation 49, 52 and 53)

SEVENTEENTH SCHEDULE

Added by

L.N. 74 of 2024.

(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.

An operator shall not carry out a test of a motor vehicle

where -

(a) on the submission of the vehicle for a test, the

applicant does not, after being requested to do so,

produce the vehicle registration document relating to

the vehicle, or produces a vehicle registration

document the details of which do not comply with the

correct details of the vehicle submitted for testing;

(b) the vehicle or any part thereof or any of its equipment

is so dirty as to make it difficult for the test to be

carried out in accordance with the provisions of these

regulations;

(c) the tester is not able, with the facilities and apparatus

available to him at the place at which the test would

otherwise be carried out, to complete the test without

the vehicle being driven and the vehicle is not, when

submitted for testing, fit to be driven to such extent as

may be necessary for the purposes of the carrying out

of the test; and

(d) before the carrying out of a test of a motor vehicle any

items which are in the vehicle, and are not part of its

equipment or accessories, are required by the tester or

by the inspector to be removed from the vehicle or to

be secured in such manner as he may think necessary,

and the items are not so removed or secured

accordingly.

(1) Where a motor vehicle has been submitted for a test to

be carried out by a tester or an inspector, the operator shall be

responsible for and shall be adequately covered by an appropriate

insurance policy against -

(a) loss of, or damage to, the vehicle or its equipment or

accessories occurring in connection with the carrying

out of the test during any period while the vehicle is,

in connection with the carrying out of the test, in the

custody of the operator; and

(b) loss of, or damage to, any other property or personal

injury, (whether fatal or not), being loss, damage or

injury arising out of the use of the vehicle in

connection with the carrying out of the test.

This isnsurance cover is to be similar to a cover which

would rest on a person who, having the same facilities for carrying

out the test as are available to the person who is to carry out the

test, had undertaken for payment to accept the custody of the

vehicle and to carry out the same test under a contract making no

express provision with respect to the incidence of liability as

between the parties thereto for any such loss, damage or injury.

(2) No person submitting a vehicle for a test or having an

interest in such a vehicle shall be requested or required by an

operator, either directly or indirectly, to accept any responsibility

for, or to give any release or indemnity in respect of, any loss,

damage or injury for which the operator is responsible under the

provisions of sub-regulation (1).

(3) Nothing contained in sub-regulation (1) or (2) shall

preclude any person from being requested or required to accept any

responsibility for, or to give a release or indemnity in respect of

loss of, or damage to, a vehicle or its equipment or accessories

occurring during any period while the vehicle is in the custody of

an operator, after the time when the vehicle is required to be

removed from such custody.

(4) The operator shall be liable for and hold the Government of

Malta, the Authority and their officers and employees, harmless

from and against any and all claims, damages or liabilities, and

expenses incidental thereto, arising from anyth ing do ne or

purported to be done or omitted to be done by the operator and/or

his employees under the authorisation granted to the operator

according to these regulations.

(5)

In this regulation -

(a) references to a test, in relation to a vehicle which, after

the carrying out of a test, remains in the custody of an

operator in order that a further test of that vehicle may

be carried out, include references to that further test;

and

(b) references to a period while a vehicle is in the custody

of the Authority, include references to any period

while the vehicle is, in connection with the carrying

out of a test of the vehicle by an inspector, in the

control or care of such an inspector.

(Deleted by Legal Notice 124 of 2017.)

The categories of vehicles that are subject to periodic vehicle

roadworthiness tests and the intervals of such tests shall be those

prescribed in the Eighth Schedule.

Notwithstanding the date of a vehicle’s last roadworthiness

test, a vehicle shall be required to undergo a roadworthiness test

before the intervals prescribed in the Eighth Schedule in the

following cases

(a)

after an accident affecting the main safety-

related components of the vehicle, such as

wheels, suspension, deformation zones, air-bag

systems, steering or brakes,

(b) when the safety and environmental systems and

components of the vehicle have been altered or

modified.

(1) Every motor vehicle undergoing a roadworthiness test

in accordance with the provisions of these regulations shall be

photographed in the testing station by the operator or by the tester.

(2) The photographs referred to in sub-regulation (1) shall be

taken and presented to the Authority in accordance with the

procedure laid down in the Thirteenth Schedule.

The items to be tested until 19 May 2018 shall be those

l isted in Ann ex II of Directiv e 20 09/ 40/ EC as am ended by

Commission Directive 2010/48/EU and those listed in items C to I

in the First Schedule.

The following provisions with regard to testing shall apply

with effect from 20 May 2018

(1)

a roadworthiness test shall cover the following

(a)

the areas and items, including the recommended

methods of testing, listed in Annex I of Directive 2014/45/EU,

with the exception of the following items

(i)

2.4, 3.6, 5.3.2.1, 6.1.9,

(ii)

7.2 (only in respect of M1 category

vehicles not used for hire),

(iii) 7.4 (only in respect of M1 category

vehicles not used for hire, N and O category vehicles,

and T1b, T2b, T3b, T4.1b, T4.2b and T4.3b category

vehicles),

(iv) 7.5 (only in respect of M1 category

vehicles not used for hire, N and O category vehicles,

and T1b, T2b, T3b, T4.1b, T4.2b and T4.3b category

vehicles),

(v)

7.6,

(vi) 7.13 (in respect of all vehicle categories,

except M1 and N1 category vehicles from 20 May 2023),

(vii)

8.3,

(viii) 9.3 (in respect of all vehicle categories,

except motor route buses, M2 and M3 category vehicles

for hire),

(ix) 9.5 (in respect of all vehicle categories,

except motor route buses),

(x)

9.8 (in respect of all vehicle categories,

except electric trolley vehicles, Malta heritage buses,

open top buses and trackless trains – all as defined in the

Passenger Transport Services Regulations),

(xi) 9.9 (only in respect of M1 category

vehicles not used for hire, N and O category vehicles,

and T1b, T2b, T3b, T4.1b, T4.2b and T4.3b category

vehicles),

(xii)

9.12; and

(b) items C to I of the First Schedule;

(2) For each item that has failed the test, the possible

deficiencies and the corresponding level of severity provided in

Annex I of Directive 2014/45/EU shall be applied;

(3) Deficiencies that are found during vehicle roadworthiness

tests shall be categorized in one of the following groups

(a)

minor deficiencies having no significant effect

on the safety of the vehicle or impact on the

environment, and other minor non-compliances;

(b) major deficiencies that may prejudice the safety

of the vehicle or have an impact on the

environment or put other road users at risk, or

other more significant non-compliances;

(c) dangerous deficiencies constituting a direct and

immediate risk to road safety or having an

impact on the environment which justify that the

Authority prohibits the use of the vehicle on

public roads.

(4) A vehicle having deficiencies falling into more than one of

the deficiency groups referred to in sub-regulation (3) shall be

classified in the group corresponding to the more serious

deficiency. A vehicle showing several deficiencies within the same

inspection area as identified in point 2 of Annex 1 of Directive

2014/45/EU, shall be classified in the next most serious deficiency

group if the tester deems that the combined effect of those

deficiencies results in a higher risk to road safety.

(5) The following provisions shall apply when deficiencies

have been encountered during a roadworthiness test

(a)

in the case of minor deficiencies only, the test

shall be deemed to have been passed, the

deficiencies shall be rectified by the vehicle

owner, and the vehicle shall not be re-tested;

(b)

in the case of major deficiencies, the test shall be

deemed to have been failed and the vehicle shall

be allowed to be used on public roads for a

period not exceeding sixteen days, within which

period the necessary repairs to comply with the

prescribed requirements may be effected and the

vehicle submitted for a re-test

Provided that the appointment for such re-test

shall be set prior to the vehicle owner leaving

the station following the initial test, and if a

passed test result is issued after such re-test

certifying that the necessary repairs have been

carried out on the motor vehicle to comply with

the prescribed requirements, a fee not exceeding

fifty per cent of the full test fee as specified in

the Eighth Schedule, shall be payable

Provided further that if the vehicle is not

submitted for the re-test within sixteen days, the

licence authorizing the use of that vehicle in

road traffic shall be suspended until such time as

the deficiencies are rectified and a new

roadworthiness certificate is issued testifying

that the vehicle is in a roadworthy condition;

(c)

in the case of dangerous deficiencies, the test

shall be deemed to have been failed and the use

of the vehicle shall be prohibited with immediate

effect. The test result shall include a notice

informing the driver that the vehicle in question

is prohibited from being used on the road until

those deficiencies have been rectified. The use

of such vehicle shall only be permitted in order

to enable it to reach one of the closest

workshops where those deficiencies can be

rectified and in order to enable it to return back

to the station to be submitted for a re-test. That

vehicle shall be allowed a period not exceeding

sixteen days for the necessary repairs to be

effected and to be submitted for a re-test

Provided that the appointment for such re-test shall be set

prior to the vehicle owner leaving the station following the initial

test, and if a passed test result is issued after such re-test certifying

that the necessary repairs have been carried out on the motor

vehicle to comply with the prescribed requirements, a fee not

exceeding fifty per cent of the full test fee as specified in the

Eighth Schedule, shall be payable

Provided further that if the vehicle is not submitted for the

re-test within sixteen days, the licence authorising the use of that

vehicle in road traffic shall be suspended until such time as the

deficiencies are rectified and a new roadworthiness certificate is

issued testifying that the vehicle is in a roadworthy condition.

(1) A driver or a holder of the registration certificate of a

vehicle that is submitted for a roadworthiness test shall at all times

cooperate with the tester and any other authorized officials of the

authority and shall abide by their lawful instructions or orders.

(2) A driver or a holder of the registration certificate of a

vehicle that is submitted for a roadworthiness test who fails to

comply with the provisions of sub-regulation (1) shall be guilty of

an offence and sh al l, on co nvicti on, be li able to a fi ne not

exceeding €500.

(3) The holder of the registration certificate of a vehicle which

has been found to have an odometer that has been manipulated with

the aim of reducing or misrepresenting the distance record of that

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

liable to a fine not exceeding €200.

(1) Subject to the provisions of these regulations, testers

and inspectors shall, after the testing of a motor vehicle is

completed and, on the same date as that on which the test is

completed -

(a) endorse a passed test result, where it is found on the

testing of a vehicle that the prescribed requirements

are complied with; or

(b) endorse a notice of a negative test result, in the case

where the prescribed requirements have not been

complied with, and stating the grounds thereof

Provided that if the necessary repairs to comply with

the prescribed requirements are effected, the vehicle

may be submitted for a re-test within sixteen days,

which appointment will have been set prior to the

vehicle owner leaving the station following the

original test, and if a passed test result is issued after

such re-test certifying that the necessary repairs have

been carried out on the motor vehicle to comply with

the prescribed requirements, a fee not exceeding fifty

per cent of the full test fee as specified in the Eighth

Schedule, shall be payable

Provided further that if the vehicle is not submitted for

the re-test within sixteen days, all the provisions of

these regulations relating to tests shall apply

Provided further that with effect from 20 May 2018 the

above two provisos shall no longer apply and the

provisos to sub-regulations (5)(b) and (5)(c) of regulation

18E shall apply instead

(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.

(3) Every passed test result and every notice of a negative test

result issued in accordance with the provisions of this regulation

and regulation 15 shall, after the test has been carried out, be

signed -

(a) by the operator in whose station the test has been

carried out;

(b) where the test is carried out by an inspector, by that

inspector, who shall specify the authority by whom he

has been authorised to carry out the test,

and any signature on a passed test result or notice of a negative

test result by a operator or by an inspector, as the case may be, shall

be accompanied by an embossment or by a stamp of the operator or

of the Authority on whose behalf the passed test result notice or

notice of a negative test result is signed.

(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.

(4) (a) The operator shall update the vehicle database in use

by the Authority by means of the online retrieval system referred to

in the Fourth Schedule, with all the information required by the

Authority, for every VRT certificate issued on the same date that the

test is carried out. The information to be updated shall include, but

shall not be limited to

(i)

the vehicle registration number;

(ii)

the system number appearing on the vehicle’s

registration certificate;

(iii)

the last three characters of the vehicle’s chassis

number;

(iv)

the class of the vehicle;

(v)

the number of the vehicle test result certificate

issued by the operator;

(vi)

the test receipt number;

(vii)

whether the test was passed successfully or

otherwise;

(viii) the identified deficiencies and their level of severity

(applicable with effect from 20 May 2018);

(ix) the date of the test;

(x)

the mileage of the vehicle as reflected by the

odometer;

(xi)

any discrepancies with the details appearing on

the vehicle’s registration certificate.

(b) An operator who does not update daily the vehicle

database in use by the Authority as aforesaid, shall, on

conviction, be liable to a fine (ammenda) of fifty-eight

euros and twenty-three cents (58.23) for every day that

elapses from the date by which the said updating

should have been carried out in accordance with this

regulation.

(c) In the event of a breakdown in, or faulty operation of,

the online retrieval system, the operator shall

immediately inform the Authority of such breakdown

or faulty operation.

(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.

(5) No licence as specified in regulation 15 of the Motor

Vehicles (Registration and Licensing) Regulations, shall be issued

by the Authority for Transport in Malta unless the owner of the

vehicle concerned produces to the Authority the passed test result

in relation to the vehicle together with the relative receipt in

respect to the Authority’s administration charge as specified in the

Ninth Schedule.

For each vehicle that has passed a roadworthiness test, the

Authority shall indicate the date by which the next test is to take

place on the licence disc issued in respect of that vehicle in

accordance with regulation 14 of the Registration and Licensing of

Motor Vehicles Regulations.

PART V

Fees

(1) The fee payable for a test of a vehicle pursuant to an

application made under regulation 15 shall be that prescribed in the

Eighth Schedule, and shall be paid after the test has been carried

out.

(2) The full fee referred to in the Eighth Schedule shall include

(a) the fee payable to the operator;

(b) the administration charge; and

(c) any value added tax that may become payable under

the Value Added Tax Act.

PART VI

Breach of Licence conditions and major offences

(1) An operator who fails to comply with the conditions set

out for operators under these regulations and a tester who fails to

comply with the conditions set out for testers shall be in breach of

the said conditions and shall be liable to the penalty points and

administrative fines laid down in the Twelfth Schedule.

(2) Where an operator fails to comply with the conditions set

out for operators under these regulations and where a tester fails to

c o m p l y w i t h t h e c o n d i t i o n s se t o u t f o r t e s t e r s u n d e r t h e s e

regulations, the Authority shall give to the operator or to the tester,

as the case may be, a notice in writing which shall specify the breach

of the conditions, the appropriate number of penalty points to be

endorsed on the operator’s or tester’s entry, and the administrative

fine being imposed in the case of breaches committed by an

operator, and the period within which the administrative fine shall be

paid in terms of sub-regulation (5). The notice shall also state that

failure to settle the fine within the specified period shall cause the

suspension of the operator’s authorisation and the imposition of a daily

fine in accordance with the provisions of sub-regulation (7).

(3) Where the number of penalty points on an operator’s entry

reaches a minimum of 250 points on five consecutive breaches, that

number of penalty points shall automatically be increased by

an other 1,00 0 p oint s and the o perat or shall be ch arged the

administrative fine for each additional penalty point up to a

maximum amount not exceeding eleven thousand and six hundred

euro (€11,600).

(4) The administrative fine shall be eleven euro (€11) for each

penalty point endorsed on the operator’s entry.

(5) The administrative fine shall be paid within ninety days

following the lapse of twenty-one days after the notification of the

breach where no appeal is entered by the operator or ninety days

from the date of the final decision given by the Tribunal where an

appeal had been entered by the operator.

(6) Where it is clearly established that an appeal entered by an

operator is frivolous and, or vexatious, the said operator shall be

liable to an administrative fine of two hundred and thirty euro

(€230).

(7) Failure to settle, within the prescribed period, the fines

referred to in sub-regulations (3) and (4) shall cause the suspension

o f t h e o p e r a t o r ’s a u t h o r i z a t i o n a n d a n a d d i t i o n a l d a i l y

administrative fine of eleven euro (€11) until the fine is paid.

Any person aggrieved by any decision of the Authority not

to grant or renew, or to suspend or to revoke an authorisation, or to

impose conditions, limitations or exclusions therein or therefor, or

to cancel his name from the register of testers shall have the right

to enter within twenty one days from the notification of such

decision an appeal before the Tribunal.

(1) Where, in a period of three consecutive years, an

operator or a tester does not commit any breach of conditions, the

authorized officer shall, on the first day immediately following the

last day of that three-year period, remove 50 per cent of any

penalty points appearing on the entry of that operator or of that

tester rounded up to the nearest percentage point and notify the

operator or tester of the number of penalty points so removed.

(2) Where, after a period of three consecutive years during

which an operator or a tester does commit any breach of conditions

and, as mentioned in sub-regulation (1), would be entitled to the

removal of 50 per cent of any penalty points appearing on his entry,

that operator or tester, as the case may be, does not commit any

breach of conditions in the next three consecutive years

immediately following the first three consecutive years, the

authorized officer shall, on the first day immediately following the

last day of the second three-year period, remove all the penalty

points appearing on the entry of that operator or of that tester and

notify the operator or tester of the number of penalty points so

removed.

(1) Where the total number of penalty points endorsed on

the entry of an operator equals or exceeds 2,000, the operator’s

authorisation shall be revoked, and the authorized officer shall

inform in writing the operator of such revocation.

(2) Where the total number of penalty points endorsed on the

entry of a tester equals or exceeds 150, the name of the tester shall

be removed from the register of testers for a period of one year, and

the Authority shall inform in writing the tester of such removal.

Where an operator or a tester -

(a) makes an improper use of VRT certificate blanks;

(b) issues a pass certificate without actually test the

vehicle;

(c) backdates a VRT certificate;

(d) receives any payment other than that for the services

rendered in accordance with fees stipulated in these

regulations;

(e) destroys official documentary paper;

(f)

falsifies any data recorded during the testing of a

vehicle,

that operator or tester, as the case may be, shall be guilty of an

offence and shall, on conviction, be liable to the fines imposed by

the Court and to the revocation of the operator’s authorization or, in

the case of the tester, to the removal of the tester’s name from the

testers’ register for a period of not less than ten years.

PART VII

General Provisions

(1) Operators shall keep, in duplicate, a record relating to

all tests carried out at each specific station, which records shall be

kept in an appropriate form approved by the Authority, and shall

contain the particulars required by that form.

(2) During the first fortnight of each month, every operator

shall send to the Authority -

(a) one copy of the record containing all the entries made

therein relating to a test, as a result of which a passed

test result or a notification of a negative test result has

been issued during the last preceding month; or

(b) if no such passed test result or notification has been

issued, a notice to that effect.

(3) The other copy of such records shall be kept by the

operator at the station at which the tests mentioned were carried

out, for a period sufficient to ensure that upon the inspection at any

time of that record under regulation 28, the entries relating to any

test carried out within the last preceding twenty-four months will

be available for inspection.

(4) Each operator shall ensure that upon the issue by him or by

the inspector of a passed test result or of a notice of a negative test

result, a copy of that passed test result or notice is made and

preserved at that station for a period of not less than twenty-four

months.

(1) If a passed test result has been lost or defaced, an

application for the issue of a duplicate of the original passed test

result may be made to the operator where the test has been carried

out.

(2)

The operator to whom the application is made shall issue a

duplicate passed test result only when sufficient particulars of the

successful test of the vehicle are traced; and such passed test result

shall be marked "Duplicate", and shall have the same effect as the

original passed test result

Provided that no action to trace the passed test result shall

be taken if the original passed test result was issued more than

twenty-four months previously, or if the applicant does not furnish

with his application the approximate date when the original was

issued and any other information which could help to trace the

document.

An inspector may at any time, during the normal working

day, on production of his authority, if so required, enter any station

and upon such entry he shall be entitled to -

(a) inspect the station and the apparatus provided at the

station for the purpose of carrying out examinations

and watch any testing which may be taking place;

(b) satisfy himself as to the efficiency of such apparatus as

regards calibration and, in the case of apparatus

designed to give an indication of a measurement, to

require evidence to be furnished to him that it will do

so accurately within reasonable limits;

(c) inspect all records and copies of passed test results,

and notifications of negative test results as well as

records concerning the calibration of all testing

equipment, which are required to be kept or preserved

at that station in accordance with these regulations;

(d) be furnished with such information as he may

reasonably require with respect to any of the said

matters; and

(e) generally to ensure that the provisions of the Fifth

Schedule are being adhered to.

In order to ensure that a high quality of testing is

maintained over time, and in addition to what is already provided

for in these regulations, the Authority shall regularly supervise

VRT stations and shall, with effect from 1 January 2023, perform

the tasks provided for in point 1 of Annex V of Directive 2014/45/

EU and shall fulfil the requirements laid down in points 2 and 3 of

that Annex.

(1) The Authority may prepare and supply for use for the

purposes of these regulations any form which by these regulations

is required to be approved by the said Authority or which is

required for use as a passed test result, or a notice of a negative test

result, for the purposes of constituting the record required to be

kept under these regulations, and may include on any such form

such additional matter as he may consider to be of assistance to

persons making use of these forms or to persons to whom such

forms may be issued when completed and no form other than one so

prepared and supplied shall be used in any such case.

(2)

The forms referred to in sub-regulation (1) shall be

provided by the Authority upon payment of a fee to be shown

thereon.

(3) The Authority may prepare and supply, upon the payment

of a fee, suitable software for use by the operators in connection

with roadworthiness tests

Provided that once the software is made available from the

Authority, any other software used by operators in connection with

roadworthiness tests carried out shall conform with specifications

approved by the Authority.

PART VIII

Roadside Technical Inspection of Certain Vehicles

(This Part shall apply until 19 May 2018)

Category I, Category II, Category III and Category V

vehicles, as defined in the Second Schedule, whether registered in

Malta or in another country, shall be subjected to random roadside

technical inspection when circulating on the public highway in

Malta.

Technical roadside inspections shall comprise one or more

of the following aspects

(a) visual assessment of the maintenance condition of the

vehicle when stationary;

(b) check of documentation relating to roadworthiness test

or most recent technical inspection report;

(c) inspection of irregularities covering one or more of the

items to be checked listed in item 10 of Annex I of

Directive 2000/30/EC as amended by Commission

Directive 2010/47/EU.

An inspection of braking systems and exhaust emissions

shall be carried out in accordance with rules laid down in Annex II

of Directive 2000/30/EC as amended by Commission Directive

2010/47/EU.

Items contained in item 10 of Annex I of Directive 2000/

30/EC as amended by Commission Directive 2010/47/EU may be

exempted from inspection if such items were checked and passed

the roadworthiness test or a technical roadside inspection during

the preceding three months.

(1) Roadside technical inspections shall be carried out by

inspecting officers authorised by the Authority.

(2) The inspecting officer shall, while carrying out a roadside

technical inspection, draw up a report which shall comply with the

specimen report contained in Annex I of Directive 2000/30/EC as

amended by Commission Directive 2010/47/EU.

(3) Where an inspecting officer considers that deficiencies in

the maintenance of a vehicle may represent a safety risk such that,

as regards the brakes in particular, further examination is justified,

the vehicle shall be subjected to a more elaborate test at a nearby

testing centre.

(4) Where it becomes clear that a vehicle presents a serious risk

to its occupants or other road users either during the roadside

inspection or during the more elaborate test referred to in sub-

regulation (3), use of that vehicle shall be prohibited until the

dangerous deficiencies discovered have been rectified.

(5) The Authority shall, without prejudice to any prosecution,

report serious deficiencies found in a vehicle belonging to a person

residing in any other Member State, in particular those resulting in

a ban on use, to the competent authorities of that State, using the

report prepared by the inspecting officer.

* Except as otherwise provided in these regulations, every

notice issued by the Authority to operators shall be made in writing

and sent by mail or by facsimile to the operators at their relative

station.

PART IX

(This Part shall apply with effect from 20 May 2018) Technical

Roadside Inspection of Commercial Vehicles

Commercial vehicles with a design speed exceeding 25 km/

h in Category I, Category II, Category III (O3 and O4 trailers only)

and Category VIII as defined in the Second Schedule, whether

registered in Malta or in another country, shall be subjected to

random technical roadside inspections when circulating on public

roads in Malta.

The technical roadside inspection system shall include

initial technical roadside inspections as detailed in regulation 42(1)

and more detailed technical roadside inspections as detailed in

regulation 42(3).

For vehicles in Category I, Category II and Category III

(O3 and O4 trailers only), the total number of initial technical

roadside inspections shall, in every calendar year, correspond to at

least 5% of the total number of these vehicles that are registered in

Malta.

(1) For vehicles in Category I, Category II and Category III

(O3 and O4 trailers only), the information concerning the number

and severity of deficiencies set out in Annex II and, where

applicable, Annex III of Directive 2014/47/EU found on vehicles

operated by individual undertakings shall be introduced into the

risk rating system established under Article 9 of Directive 2006/22/

EC. For the attribution of a risk profile to an undertaking, the

Authority shall use the criteria set out in Annex I of Directive 2014/

47/EU. That information shall be used to check undertakings with a

high risk rating more closely and more often.

(2)

For the purpose of implementing sub-regulation (1), the

*Re-numbered following the amendments made by L.N. 159 of 2003.

Authority shall use the information received from other Member

States pursuant to regulation 52(1).

(3) The Authority shall allow additional voluntary

roadworthiness tests on vehicles subject to the provisions of these

regulations. Information on compliance with roadworthiness

requirements obtained from voluntary tests shall be taken into

account in order to improve the risk profile of an undertaking.

(4) The provisions of sub-regulations (1), (2) and (3) shall

apply with effect from 20 May 2019.

(1)Undertakings shall be required to keep on board the

vehicle the roadworthiness certificate corresponding to the most

recent periodic roadworthiness test or a copy thereof or, in the case

of an electronically produced roadworthiness certificate, a certified

or original printout of that certificate, and the report of the most

recent technical roadside inspection, when they are available. The

Authority shall accept electronic evidence of such inspections

when information in that regard is accessible.

(2) Undertakings and drivers of a vehicle subject to a technical

roadside inspection shall cooperate with the inspecting officers and

provide access to the vehicle, its parts and all relevant

documentation for the purposes of the inspection.

(3) For undertakings found in breach of sub-regulation (1)

there shall be levied the relative administrative penalty established

in the Fourteenth Schedule.

(4) An undertaking or a driver who fails to comply with the

provisions of sub-regulation (2) shall be guilty of an offence and

shall, on conviction, be liable to a fine of not less than €120 and not

exceeding €250 for a first conviction, and to a fine of not less than

€250 and not exceeding €1,200 for each subsequent conviction.

(1) The Authority may appoint inspecting officers to carry

out initial and/or more detailed technical roadside inspections and

any other duties in relation to these regulations.

(2) A person may qualify as an inspecting officer if such

person –

(i)

has held the position of Enforcement Officer with the

Authority for not less than two consecutive years;

(ii) is in possession of a driving licence for the categories

of vehicles he is qualified to inspect;

(iii) is in possession of a recognized qualification covering

the areas listed in point 1(a) of Annex IV of Directive

2014/45/EU;

(iv) has at least three years of documented experience or

equivalent, such as documented mentorship or studies,

and appropriate training in the road vehicle field;

(v) is in possession of a certificate of competence issued

by the Authority following the successful completion

of a training course organized by the Authority or a

body accredited by the Authority, which training shall

be in relation to the topics listed in point 2(a) of Annex

IV of Directive 2014/45/EU; or is in possession of an

equivalent certificate issued by the competent

authority of a Member State

Provided that the requirements listed in items (ii) to

(v) shall only apply for inspecting officers who are

authorised to carry out more detailed technical

roadside inspections in accordance with regulation

42(3)

Provided further that inspecting officers employed as

such by the Authority on the entry into force of these

requirements shall be considered as being in

possession of the necessary qualifications, training and

experience required by this sub-regulation.

3)

An inspecting officer shall, when required to do so by the

Authority, receive refresher training organized by the Authority or

a body accredited by the Authority, which training shall be in

relation to the topics listed in point 2(a) of Annex IV of Directive

2014/45/EU.

(4) Inspecting officers shall have the same powers assigned to

Enforcement Officers in the Transport Enforcement Officers

Regulations.

(5) When carrying out a technical roadside inspection, an

inspecting officer shall be free from any conflict of interest that

could have any influence on the impartiality and objectivity of his

decision.

(6) When selecting a vehicle for a technical roadside

inspection and when carrying out that inspection, inspecting

officers shall refrain from any discrimination on grounds of the

nationality of the driver or of the country of registration or entry

into service of the vehicle.

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

related to the results of initial or more detailed technical roadside

inspections.

(1) When identifying vehicles to be subject to an initial

technical roadside inspection, inspecting officers may select, as a

priority, vehicles operated by undertakings with a high-risk profile

as referred to in Directive 2006/22/EC. Vehicles may also be

selected randomly for inspection, or where there is a suspicion that

the vehicle presents a risk to road safety or to the environment.

(2) Vehicles selected in accordance with sub-regulation (1)

shall be subjected to an initial technical roadside inspection.

42.(1) In each initial technical roadside inspection of a vehicle,

the inspecting officer

(a) shall check the latest roadworthiness certificate and

technical roadside inspection report, where available,

kept on board, or electronic evidence thereof in

accordance with regulation 39(1);

(b) shall carry out a visual assessment of the technical

condition of the vehicle;

(c) shall carry out a visual assessment of the securing of

the vehicle’s cargo in accordance with regulation 45;

(d) may carry out technical checks by any method deemed

appropriate. Such technical checks may be carried out

in order to substantiate a decision to submit the vehicle

to a more detailed technical roadside inspection, or to

request that the deficiencies be rectified without delay

in accordance with regulation 46(1);

(e) shall verify whether any deficiencies indicated in the

previous technical roadside inspection report have

been rectified.

(2) On the basis of the outcome of the initial inspection, the

inspecting officer shall decide whether the vehicle or its trailer

should be subject to a more detailed roadside inspection.

(3) A more detailed technical roadside inspection shall cover

those items listed in Annex II of Directive 2014/47/EU that are

considered necessary and relevant, taking into account in particular

the safety of the brakes, tyres, wheels, chassis and nuisance, and

the recommended methods applicable to the testing of those items.

(4) Where the roadworthiness certificate or a roadside

inspection report demonstrates that an inspection of one of the

items listed in Annex II of Directive 2014/47/EU has been carried

out in the course of the preceding three months, the inspector shall

not check that item, except where such a check is justified on the

grounds of an obvious deficiency.

(1) Waqt kull spezzjoni teknika inizjali waqt it-traġitt ta’

vettura, l-uffiċjal li jispezzjona

(a) għandu jivverifika ċ-ċertifikat tal-affidabbiltà stradali

u r-rapport tal-ispezzjoni teknika waqt it-traġitt l-aktar

reċenti, fejn ikunu disponibbli, li jkunu qed jinżammu

abbord jew evidenza elettronika ta’ dawn skont ir-

regolament 39(1);

(b) għandu jwettaq valutazzjoni viżiva tal-kundizzjoni

teknika tal-vettura;

(ċ) għandu jagħmel valutazzjoni viżiva tal-irbit tal-

merkanzija tal-vettura skont ir-regolament 45;

(d) jista’ jwettaq kontrolli tekniċi permezz ta’ kwalunkwe

metodu li huwa jqis xieraq. Kontrolli tekniċi bħal

dawn jistgħu jitwettqu sabiex tiġi ssostanzjata

deċiżjoni li l-vettura tiġi sottomessa għal spezzjoni

teknika aktar dettaljata waqt it-traġitt, jew biex issir

talba sabiex in-nuqqasijiet jiġu rrettifikati mingħajr

dewmien skont ir-regolament 46(1);

(e) għandu jivverifika jekk kwalunkwe nuqqasijiet

indikati fir-rapport ta’ qabel ta’ spezzjoni teknika waqt

it-traġitt ġewx rettifikati.

(2) Abbażi tar-riżultat tal-ispezzjoni inizjali, l-uffiċjal li

jispezzjona għandu jiddeċiedi jekk il-vettura jew it-trejler tagħha

għandhiex tkun soġġetta għal spezzjoni aktar dettaljata waqt it-

traġitt.

(3) Spezzjoni teknika aktar dettaljata għandha tkopri dawk l-

elementi elenkati fl-Anness II tad-Direttiva 2014/47/KE li jitqiesu

bħala meħtieġa u rilevanti, filwaqt li b’mod partikolari jitqiesu s-

sikurezza tal-brejkijiet, t-tajers, ir-roti, x-xażi u l-fastidju, u l-

metodi rakkomandati applikabbli għall-ittestjar ta’ dawk l-

elementi.

(4) Fejn iċ-ċertifikat tal-affidabbiltà stradali jew rapport tal-

ispezzjoni waqt it-traġitt juri li spezzjoni ta’ wieħed mill-elementi

elenkati fl-Anness II tad-Direttiva 2014/47/KE twettaq matul it-

tliet xhur ta’ qabel, l-uffiċjal li jispezzjona ma għandux jiċċekkja

dak l-element, ħlief jekk tali ċċekkjar ikun ġustifikat fuq il-bażi ta’

nuqqas ovvju.

(1)A more detailed technical roadside inspection shall be

carried out using a mobile inspection unit or a designated roadside

inspection facility, or in a VRT station;

(2) Where a more detailed inspection is to be carried out in a

VRT station or designated roadside inspection facility, it shall be

carried out as soon as possible in one of the closest practicable

stations or facilities.

(3) Mobile inspection units and designated roadside inspection

facilities shall include appropriate equipment for carrying out a

m o r e de t a i l e d t e c hn i c a l r oa d s id e i n s p e c t io n , i n c l u d in g t he

equipment necessary to assess the condition of the brakes and brake

efficiency, steering, suspension and nuisance of the vehicle as

required. Where mobile inspection units or designated roadside

inspection facilities do not include the equipment required to check

an item indicated in an initial inspection, the vehicle shall be

directed to a VRT station or facility where a detailed check of that

item can be performed.

(1)For all items to be inspected, there shall be assigned the

possible deficiencies and the corresponding level of severity found

in the list provided in Annex II of Directive 2014/47/EU.

(2) Deficiencies that are found during technical roadside

inspections of vehicles shall be categorized in one of the following

groups

(a) minor deficiencies having no significant effect on the

safety of the vehicle or impact on the environment, and

other minor non-compliances;

(b) major deficiencies that may prejudice the safety of the

vehicle or have an impact on the environment or put

other road users at risk, or other more significant non-

compliances;

(c) dangerous deficiencies constituting a direct and

immediate risk to road safety or having an impact on

the environment.

(3) A vehicle having deficiencies falling into more than one of

the deficiency groups referred to in sub-regulation (2) shall be

classified in the group corresponding to the more serious

deficiency. A vehicle showing several deficiencies within the same

inspection area as defined in the scope of the technical roadside

inspection referred to in point 1 of Annex II of Directive 2014/47/

EU, shall be classified in the next most serious deficiency group if

the inspecting officer deems that the combined effect of those

deficiencies results in a higher risk to road safety.

(1) During a roadside inspection a vehicle may also be

subjected to an inspection of its cargo securing in accordance with

Annex III of Directive 2014/47/EU, in order to ensure that the

cargo is secured in such a way that it does not interfere with safe

driving, or pose a threat to life, health, property or the environment.

Checks may be carried out to verify that during all kinds of

operation of the vehicle, including emergency situations or uphill

starting manoeuvres

-

loads can only minimally change their position relative

to each other, against walls or surfaces of the vehicle,

and

-

loads cannot leave the cargo space or move outside the

loading surface.

(2) Without prejudice to the requirements applicable to

transport of certain categories of goods, such as those covered by

the ADR, cargo securing and inspection of the securing of cargo

may be carried out in accordance with the principles and, where

appropriate, the standards laid down in Section I of Annex III of

Directive 2014/47/EU. The latest version of the standards laid

down in point 5 of Section I of Annex III of the same Directive may

be used.

(3) The follow-up procedures referred to in regulation 46 may

also apply in the case of major or dangerous deficiencies related to

cargo securing.

(4) Inspecting officers involved in cargo securing checks shall

be appropriately trained for that purpose by the Authority or by a

body accredited by the Authority.

(1) Without prejudice to sub-regulation (3), inspecting

officers shall ensure that any major or dangerous deficiency

revealed by an initial or more detailed inspection is rectified before

the vehicle is allowed to be used on public roads.

(2) If the vehicle is registered in Malta, the inspecting officer

shall issue a notice to the undertaking informing him that the

vehicle is to undergo a full roadworthiness test within a specified

time limit following the inspection. If the vehicle is registered in

a n o t h e r M e m b e r St a t e , t h e i n s p e c t i n g o ff i c e r o r a n y o t h e r

authorized officer of the Authority shall request the competent

authority of that other Member State, via the contact points referred

to in regulation 51, to carry out a new roadworthiness test of the

vehicle in accordance with the procedure laid down in regulation

52(2). Where major or dangerous deficiencies are found in a vehicle

registered outside the Union, the inspecting officer or any other

authorised officer of the Authority shall inform the competent

authority of the country of registration of the vehicle.

(3) In the case of any deficiencies which require prompt or

immediate rectification due to any direct and immediate risk to

road safety, use of the vehicle shall be prohibited and the inspecting

officer shall issue a notice to the undertaking informing him that

the vehicle in question is prohibited from being used on the road

until those deficiencies have been rectified. The inspecting officer

may also order that the vehicle is either clamped or towed away to

an available location where it can be repaired.

(4) Except as otherwise provided in these regulations, every

n o t i c e i s s u e d b y t h e A u t h o r i t y a n d i n s p e c t i n g o ff i c e r s t o

undertakings shall be made in writing.

(1) The Authority shall have the discretionary power to

impose the administrative penalties prescribed in the Fourteenth

Schedule on any undertaking who breaches regulation 39(1) and/or

whose vehicle has been found to have major or dangerous

deficiencies following a more detailed inspection.

(2) Where an administrative penalty has been imposed in

accordance with sub-regulation (1), the inspecting officer shall

request the driver to pay a deposit equal to such administrative

penalty. The inspecting officer may clamp the vehicle until such

deposit has been settled in full; provided that an official receipt

shall be given by the inspecting officer to the driver evidencing

payment of such deposit. The deposit shall be refunded in the event

that an appeal is lodged by the person on whom it is imposed and

the Tribunal revokes the administrative penalty imposed upon such

person. Where no appeal is lodged within the time stipulated in

these regulations or an appeal is lodged and the Tribunal confirms

the administrative penalty, the deposit shall be set-off by the

Authority against such administrative penalty.

(1) Where deficiencies have been found following a more

detailed inspection which has been carried out at a VRT station,

there shall be levied on the undertaking under whose name the

vehicle is registered the relative test fee for that vehicle as

specified in the Eighth Schedule.

(2) Where the vehicle has been clamped or towed away in

accordance with regulations 46(3) or 47(2), there shall be levied on

the undertaking under whose name the vehicle is registered the

relative fees established in the Clamping and Removal of Motor

Vehicles and Encumbering Objects Regulations.

(1) For each initial technical roadside inspection carried

out, the inspecting officer shall communicate the following

information to the Authority

(a) country of registration of the vehicle;

(b) category of the vehicle;

(c) outcome of the initial technical roadside inspection.

(2) On completion of a more detailed inspection, the

inspecting officer shall draw up a report in accordance with the

Sixteenth Schedule and shall provide a copy of such report to the

driver of the vehicle.

(3) The inspecting officer shall communicate to the Authority

the results of the more detailed technical roadside inspection within

two working days following that inspection. The Authority shall

keep that information in accordance with the applicable provisions

of the Data Protection Act for not less than 36 months from the date

of its receipt.

Inspecting officers shall undertake concerted roadside

inspection activities on a yearly basis in accordance with the

provisions of Article 19 of Directive 2014/47/EU.

The Authority shall be the designated 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.

(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 st ipulated in the Sixteenth Schedule and sh all 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.

(1) Before 31st March 2021 and before 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.