MOTOR VEHICLES (WEIGHTS, DIMENSIONS AND EQUIPMENT) REGULATIONS

SUBSIDIARY LEGISLATION 65.21

MOTOR VEHICLES (WEIGHTS, DIMENSIONS

AND EQUIPMENT) REGULATIONS

11th July, 2003;

1st May, 2004

LEGAL NOTICE 162 of 2003, as amended by Legal Notices 348 of 2005, 345 and 408 of

2007, 215 and 261 of 2011, 426 of 2012, 422 of 2016 and 397 of 2021.

The title of these regulations is the Motor Vehicles

(Weights, Dimensions and Equipment) Regulations.

Amended by

L.N. 348 of 2005;

L.N. 422 of 2016;

L.N. 397 of 2021.

GENERAL MAXIMUM WEIGHTS AND DIMENSIONS AND RELATED

CHARACTERISTICS OF VEHICLES

(Regulation 8, 9, 10, 11)

Maximum authorised dimensions (m)

1.1

Maximum length

-

motor vehicle

12.00 m

-

trailer

12.00 m

-

articulated vehicle

16.50 m

-

road train

18.75 m

-

articulated bus

18.00 m

1.2

Maximum width

-

all vehicles except the vehicles referred to in 1.2(b)

below

2.55 m

-

superstructures of conditioned vehicles or

conditioned containers or swap bodies transported

by vehicles

2.6 m

1.3

4.0 m

Maximum height (any vehicle)

1.4

Removable superstructures and standardized freight

items such as containers are included in the dimensions

specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4

1.4A

If any removable attachments, such as ski-boxes, are

fitted to a bus, its length, including the attachments, must

not exceed the maximum length laid down in paragraph

1.1.

1.5

Any motor vehicle or vehicle combination which is in

motion must be able to turn within a swept circle having

an outer radius of 12.50 m and an inner radius of 5.30 m

1.5A

Additional requirements for buses.

With the vehicle stationary, a vertical plane tangential to

the side of the vehicle and facing outwards from the

circle shall be established by marking a line on the

ground. In the case of an articulated vehicle, the two

rigid portions shall be aligned with the plane.

When the vehicle moves from a straight line approach

into the circular area described in paragraph 1.5, no part

of it shall move outside of that vertical plane by more

than 0.60 m.

1.6

Maximum distance between the axis of the fifth-wheel

king pin and the rear of a semi-trailer

12.0 m

1.7

Maximum distance measured parallel to the longitudinal

axis of the road train from the foremost external point of

the loading area behind the cabin to the rearmost external

point of the trailer of the combination, minus the distance

between the rear of the drawing vehicle and the front of

the trailer

15.65 m

1.8

Maximum distance measured parallel to the longitudinal

axis of the road train from the foremost external point of

the loading area behind the cabin to the rearmost external

point of the trailer of the combination

16.4 m

Maximum Authorised vehicle weight (in tonnes)

2.1

Vehicles forming part of a vehicle combination

2.1.1

Two-axle trailer

18.0 tonnes

2.1.2

Three-axle trailer

24.0 tonnes

2.2

Vehicle combinations

2.2.1

Road trains with five or six axles

(a) two-axle motor vehicle with three-axle semi-trailer

40.0 tonnes

(b) three-axle motor vehicle with two or three-axle

trailer

40.0 tonnes

2.2

Vehicle Combinations

2.2.1

Road trains with five or six axles

In the case of vehicle combinations including alternatively

fuelled or zero-emission vehicles, the maximum authorised

weights provided for in this section shall be increased by the

additional weight of the alternative fuel or zero-emission

technology with a maximum of 1 tonne and 2 tonnes

respectively.

(a) two-axle motor vehicle with three-axle semi-

40.0 tonnes

trailer

(b) three-axle motor vehicle with two or three-axle

40.0 tonnes

trailer

Articulated vehicles with five or six axles

2.2.2

In the case of vehicle combinations including

alternatively fuelled or zero-emission vehicles, the

maximum authorised weights provided for in this section

shall be increased by t he additi onal weight of the

alternative fuel or zero-emission technology with a

maximum of 1 tonne and 2 tonnes respectively.

(a) two-axle motor vehicle with three-axle semi-trailer

40.0tonnes

(b) three-axle motor vehicle with two or three-axle

semi-trailer

40.0 tonnes

(c) two axle motor vehicle with three axle semi-trailer

carrying, in intermodal transport operations, one or more

containers or swap bodies, up to a total maximum length

of 45 feet

42.0 tonnes

(d) three-axle motor vehicle with two- or three-axle

semi-trailer carrying, in intermodal transport operations,

one or more containers or swap bodies, up to a total

maximum length of 45 feet

44.0 tonnes

Road trains with four axles consisting of a two-axle

2.2.3

motor vehicle and a two-axle trailer

In the case of vehicle combinations including

alternatively fuelled or zero-emission vehicles, the

maximum authorised weights provided for in this section

shall be increased by th e ad dition al weight of th e

alternative fuel or zero-emission technology with a

maximum of 1 tonne and 2 tonnes respectively.

36.0 tonnes

Articulated vehicles with four axles consisting of a two-

2.2.4

axle motor vehicle and a two-axle semi-trailer, if the

distance between the axles of the semi-trailer

In the case of vehicle combinations including

alternatively fuelled or zero-emission vehicles, the

maximum authorised weights provided for in this section

shall be increased by th e ad dition al weight of th e

alternative fuel or zero-emission technology with a

maximum of 1 tonne and 2 tonnes respectively.

2.2.4.1

- is 1.3m or greater but not more than 1.8m

36.0 tonnes

- is greater than 1.8 m

36.0 tonnes

+ 2 tonnes

margin when

the maximum

authorised

weight

(MAW) of

the motor

vehicle (18

tonnes) and

the MAW of

the tandem

axle of the

semi-trailer

(20 tonnes)

are respected

and the

driving axle

is fitted with

twin tyres and

air suspension

or suspension

recognised as

being

equivalent

within the

Community

as defined in

Annex II of

Directive 96/

53/EC.

Motor Vehicles

Two-axle motor vehicles other than buses

18.0 tonnes

Two-axle alternatively fuelled motor vehicles other than The maximum

authorised

buses

weight of 18

tonnes is

increased by

the additional

weight required

for the

alternative fuel

technology

with a

maximum of 1

tonne

Zero-emission vehicles

The maximum

authorised

weight of 18

tonnes is

increased by

the additional

weight of the

zero-emission

technology

with a

maximum of 2

tonnes

Two-axle buses

19.5 tonnes

2.3.2

Three-axle motor vehicles

25 tonnes, or

26 tonnes

where the

driving axle is

fitted with twin

tyres and air

suspension or

suspension

recognised as

being

equivalent

within the

Union or where

each driving

axle is fitted

with twin tyres

and the

maximum

weight of each

axle does not

exceed 9.5

tonnes

Three-axle alternatively fuelled motor vehicles

The maximum

authorised

weight of 25

tonnes, or 26

tonnes where

the driving axle

is fitted with

twin tyres and

air suspension

or suspension

recognised as

being

equivalent

within the

Union or where

each driving

axle is fitted

with twin tyres

and the

maximum

weight of each

axle does not

exceed 9,5

tonnes, is

increased by

the additional

weight required

for the

alternative fuel

technology

with a

maximum of 1

tonne

2.3.3

Four-axle motor vehicles with two steering axles

32.0 tonnes.

Where the

driving axle is

fitted with twin

tyres and air

suspension or

suspension

recognised as

being

equivalent

within the

Community as

defined in

Annex II, or

where each

driving axle is

fitted with twin

tyres and the

maximum

weight of each

axle does not

exceed 9,5

tonnes

2.4

28.0 tonnes

Three-axle articulated buses

Three-axle articulated buses alternatively fuelled

The

maximum

authorised

weight of 28

tonnes is

increased by

the additional

weight

required for

the alternative

fuel

technology

with a

maximum of

1 tonne

Three-axle articulated buses that are zero-emission vehicles

The

maximum

authorised

weight of 28

tonnes is

increased by

the additional

weight of the

zero-emission

technology

with a

maximum of

2 tonnes

Maximum authorised axle weight (in tonnes)

3.1

Single axles

- single non-driving axle

10.0 tonnes

3.2

Tandem axles of trailers and semi-trailers

The sum of the axle weights per tandem axle must not exceed,

if the distance (d) between the axles is

3.2.1

less than 1 m (d < 1,0)

11 tonnes

3.2.2

between 1,0 m and less than 1,3 m (1,0 ≤ d < 1,3)

16 tonnes

3.2.3

between 1,3 m and less than 1,8 m (1,3 ≤ d < 1,8)

18 tonnes

3.2.4

1,8 m or more (1,8 ≤ d)

20 tonnes

3.3

Tri-axles of trailers and semi-trailers

The sum of the axle weights per tri-axle must not exceed, if

the distance (d) between the axles is

3.3.1

1,3 m or less (d ≤ 1,3)

21 tonnes

3.3.2

over 1,3 m and up to 1,4 m (1,3 <d ≤ 1,4)

24 tonnes

3.4

Driving axle

3.4.1

Driving axle of the vehicles referred to in 2.2.1 and 2.2.2

11,5 tonnes

3.4.2

Driving axle of the vehicles referred to in points 2.2.3, 2.2.4,

2.3 and 2.4

11,5 tonnes

3.5

Tandem axles of motor vehicles

The sum of the axle weights per tandem axle must not exceed,

if the distance (d) between the axles is

3.5.1

less than 1 m (d < 1,0)

11,5 tonnes

3.5.2

1,0 m or greater but less than 1,3 m (1,0 ≤ d < 1,3)

16 tonnes

3.5.3

1,3 m or greater but less than 1,8 m

18 tonnes

(1,3 ≤ d < 1,8)

19 tonnes

where the

driving axle

is fitted with

twin tyres and

air suspension

or suspension

recognised as

being

equivalent

within the

Community

as defined in

Annex II, or

where each

driving axle

is fitted with

twin tyres and

where the

maximum

weight for

each axle

does not

exceed 9,5

tonnes

Related characteristics

4.1

All vehicles

The weight borne by the driving axle or driving axles of a

vehicle or vehicle combination must not be less than 25%

of the total laden weight of the vehicle or vehicle

combination, when used in intemationa1 traffic

4.2

Road Trains

The distance between the rear axle of a motor vehicle and

the front axle of a trailer must not be less than 3.00 m

4.3

Maximum authorized weight depending on the wheelbase

The maximum authorized weight in tonnes of a four-axle

motor vehicle may not exceed five times the distance in

metres between the axes of the foremost and rearmost

axles of the vehicle

4.4

Semi-trailers

The distance measured horizontally between the axis of

the fifth-wheel king pin and any point at the front of the

semi-trailer must not exceed 2.04 m

In these regulations, unless the context otherwise requires

''advanced recording equipment'' means recording apparatus

equipped with card readers for insertion of driver memory cards, an

integrated or separate printer, display instruments and facilities for

downloading the data memory in accordance with the requirements

to be established by the Authority;

"alternative fuels" means fuels or power sources which serve, at

least partly, as a substitute for fossil oil sources in the energy

supply to transport and which have the potential to contribute to its

decarbonisation and enhance the environmental performance of the

transport sector, consisting of

(a) electricity consumed in all types of electric vehicles;

(b) hydrogen;

(c) natural gas, including biomethane in gaseous form

(Compressed Natural Gas – CNG) and liquefied form

(Liquefied Natural Gas – LNG);

(d) Liquified Petroluem Gas (LPG);

(e) mechanical energy from on-board storage/on-board

sources, including waste heat;

"alternatively fuelled vehicle" means a motor vehicle powered

wholly or in part by an alternative fuel and which has been approved

under the framework of Directive 2007/46/EC;

''articulated vehicle'' means the combination of a mechanically

propelled vehicle (other than a bicycle) and a drawn vehicle

attached by partial superimposition and so constructed and attached

that not less than 20 per cent of the weight of the drawn vehicle is

borne by the mechanically propelled vehicle;

''articulated bus'' means a bus consisting of two rigid sections

connected to each other by an articulated section. On this type of

vehicle the passenger compartments in each of the two rigid

sections shall be intercommunicating. The articulated section shall

permit the free movement of travellers between the rigid sections.

Connection and disconnection of the two sections shall be possible

only in a workshop;

''Authority'' means the Authority for Transport in Malta as

established by article 5 of the Authority for Transport in Malta Act;

''bus'' means a vehicle with more than nine seats including the

d r i v e r ’s s e a t , w h i c h i s c o n s t r u c t e d a n d e q u i p p e d t o c a r r y

passengers and their luggage, which may have one or two decks

and which may also draw a luggage trailer;

''company data card'' means a removable data transfer and

storage device issued by the Authority to the owner of vehicles

fitted with recording equipment. The company data card allows for

displaying, downloading and printing of the data stored in the

recording equipment fitted in the company’s vehicle or vehicles;

"conditioned vehicle" means any vehicle whose fixed or movable

superstructures are specially equipped for the carriage of goods at

controlled temperatures and whose side walls, inclusive of insulation,

are each at least 45 mm thick;

''control card'' means a removal data transfer and storage device

for use in the card reader of the recording equipment, issued by the

Authority to its enforcement section to get access to the data stored

in the data memory or in the driver cards for reading, printing and,

or downloading;

''the Council Regulation on recording equipment'' means Council

Regulation (EEC) No. 3821/85 of 20th December 1985 on

recording equipment in road transport, as amended;

''data memory'' means an electronic storage system built into the

recording equipment, capable of storing at least 365 calendar days

from the recording equipment. The memory should be protected in

such a way as to prevent unauthorised access to and manipulation

of the data and detect any such attempt;

"Decision (EU) 2019/984" means Decision (EU) 2019/984 of the

European Parliament and of the Council of 5 June 2019 amending

Council Directive 96/53/EC as regards the time limit for the

implementation of the special rules regarding maximum length for

cabs delivering improved aerodynamic performance, energy efficiency

and safety performance;

"Directive 96/53/EC" means Council Directive 96/53/EC of 25

July 1996 laying down for certain road vehicles circulating within

the Community the maximum authorized dimensions in national

and international traffic and the maximum authorized weights in

international traffic;

"Directive (EU) 2015/719" means Directive (EU) 2015/719 of

the European Parliament and of the Council of 29 April 2015

amending Council Directive 96/53/EC laying down for certain road

vehicles circulating within the Community the maximum

authorised dimensions in national and international traffic and the

maximum authorized weights in international traffic;

''downloading'' means copy of a part or of a complete set of data

stored in the data memory of the vehicle or in the memory of the

driver card. Dowloading may not alter or delete any stored data.

Downloaded data are protected in such a way as to make attempts

to data manipulation detectable; origin of downloaded data must be

authenticable. Downloaded data are kept in a format that can be

used by any authorised person;

''driver card (with memory)'' means a removable information

transfer and storage device allocated by the authorities of the

Agreement States to each individual driver for the purposes of

identification of the driver and storage of essential data. The format

and technical specifications of the driver card (with memory) shall

meet the requirements laid down in Chapter IV of Annex I(B) to

Council Regulation (EEC) No. 3821/85 on recording equipment in

road transport, as amended;

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

the European Union Act and incl udes Norway, Iceland and

Liechtenstein;

''g.v.w.'' means gross vehicle weight;

''gross vehicle weight'' means the road weight specified by the

manufacturer as being the maximum design weight capacity for the

vehicle, such weight being the combined weight of the vehicle, the

maximum specified load, the driver and a tank full of fuel;

"indivisible load" means a load that cannot, for the purpose of

carriage by road, be divided into two or more loads without undue

expense or risk of damage and which owing to its dimensions or

mass cannot be carried by a motor vehicle, trailer, road train or

articulated vehicle complying with these regulations in all respects;

"intermodal transport operation" means

(a) the combined transport operations defined in Article 1

of Council Directive 92/106/EEC engaged in the

transport of one or more containers or swap bodies, up

to a maximum length of 45 feet; or

(b) transport operations engaged in the transport of one or

more containers or swap bodies, up to a total

maximum length of 45 feet, using waterborne

transport, provided that the length of the initial or the

final road leg does not exceed 150 km in the territory

of the Union. The distance of 150 km referred to above

may be exceeded in order to reach the nearest suitable

transport terminal for the envisaged service in the case

of

(i)

vehicles complying with point 2.2.2(a) or (b) of

the First Schedule; or

(ii) vehicles complying with point 2.2.2(c) or (d) of

the First Schedule, in cases where such distances

are permitted in the relevant Member State.

For intermodal transport operations, the nearest

suitable transport terminal providing service

may be located in a Member State in which the

shipment was loaded or unloaded;

''main grooves'' means the broad grooves in the central part of the

tread surface, which covers about three-quarters of the width of the

tread surface;

''maximum authorised dimensions'' means the maximum

dimensions for use of a vehicle, as laid down in the First Schedule;

''maximum authorised weight'' means the maximum weight for

use of a laden vehicle, as laid down in the First and Second

Schedules;

''maximum authorised axle weight'' means the maximum weight

of a laden axle or group of axles; as laid down in the First and

Second Schedules;

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

''Minister'' means the Minister responsible for transport in Malta;

''motor vehicle'' means any power-driven vehicle which travels

on the road by its own means;

''normal residence'' means the place where a person habitually

lives, for at least 185 days in each calendar year, because of

personal and occupational ties, or, in the case of a person with no

occupational ties, because of personal ties which show close links

between that person and the place where he is living

Provided that, the normal residence of a person whose

occupational ties are in a different place from his personal ties and

who consequently lives in turn in different places situated in two or

more Member States shall be regarded as being the place of his

personal ties, provided that such person returns there regularly.

This last condition need not be met where the person is living in an

Member State in order to carry out a task of a definite duration.

Attendance at a university or school shall not imply taking up of

normal residence;

''public highway'' means national arterial, distributor, access and

local access roads as defined in the Motor Vehicles (Driving

Licences) Regulations;

''recording equipment'' or ''tachograph'' means the total

equipment intended for installation in road vehicles to show, record

and store automatically or semi-automatically details of the

movement of such vehicles and of certain work periods of their

drivers. This equipment includes cables, sensors, an electronic

driver information device, one (two) card reader(s) for the insertion

of one or two driver memory card(s), an integrated or separate

printer, display instruments, facilities for downloading the data

memory, facilities to display or print information on demand and

facilities for the input of the places where the daily work period

begins and ends;

"Regulation (EU) 2019/1242" means Regulation (EU) 2019/1242 of

the European Parliament and of the Council of 20 June 2019 setting

CO 2 emission performance standards for new heavy-duty vehicles and

amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the

European Parliament and of the Council and Council Directive 96/53/

EC;

''semi-trailer'' means any vehicle intended to be coupled to a

motor vehicle in such a way that part of it rests on the motor

vehicle with a substantial part of its weight and of the weight of its

load being borne by the motor vehicle, and constructed and

equipped for the carriage of goods;

"shipper" means a legal entity or a natural or legal person who is

named on the bill of lading or on an equivalent transport document,

such as a "through" bill of lading, as the shipper and, or in whose

name or on whose behalf a contract of carriage has been concluded

with the transport company;

''speed limitation device'' means a device whose primary function

is to control the fuel feed to the engine in order to limit the vehicle

speed to the specified value;

''test station card'' means a removable data transfer and storage

device for use in the card reader of the recording equipment issued

by the Authority to authorised bodies. The test station card

identifies the body and allows for testing, calibration and

programming of the recording equipment;

''tonne'' means the weight executed by the mass of a tonne and

shall correspond to 9,8 kilonewtons (kN);

''tachograph card'' means a smart card intended for use with

recording equipment. It allows for identification by the recording

equipment of the identity (or identity group) of the card holder and

allows for data transfer and storage;

''tractor'' means an y mechanically sel f-propel led veh icle

circulating on the road, other than a vehicle running on rails, and

specially designed to pull, push or move trailers, semi-trailers,

implements or machines;

''trailer'' means any vehicle intended to be coupled to a motor

vehicle excluding semi-trailers, and constructed and equipped for

the carriage of goods;

''undertaking'' means any natural person, any legal person,

whether profit-making or not, any association or group of persons

without legal personality, whether profit-making or not, or any

official body, whether having its own legal personality or being

dependent upon an authority having such personality;

''vehicle combination'' means

-

either a road train consisting of a motor vehicle

coupled to a trailer; or

-

an articulated vehicle consisting of a motor vehicle

coupled to a semi-trailer;

''workshop or fitter card'' means a tachograph card issued by the

Authority to a recording equipment manufacturer, a fitter, a vehicle

manufacturer or workshop, approved by the Authority;

"zero-emission vehicle" means a zero-emission heavy-duty vehicle

as defined in point (11) of Article 3 of Regulation (EU) 2019/1242 of

the European Parliament and of the Council.

Amended by

L.N. 348 of 2005.

(Regulation 14)

PLATE RELATING TO DIMENSIONS

The plate relating to dimensions, as far as possible affixed next to the plate

referred to in regulation 14, must contain the following data

name of the manufacturer ( 1 );

1. vehicle identification number ( 2 );

2.

3. length of the motor vehicle, trailer or semi-trailer (L);

4. width of the motor vehicle, trailer or semi-trailer (W);

5. data for the measurement of the length of vehicle combinations

the distance (a) between the front of the motor vehicle and the

centre of the coupling device (coupling hook or fifth wheel); in

the case of a fifth wheel with several coupling points, the

minimum and maximum values must be given (amin and amax),

the distance (b) between the centre of the coupling device of the

trailer (fifth wheel ring) or of the semi-trailer (kingpin) and the

rear of the trailer or of the semi-trailer; in the case of a device

with several coupling points, the minimum and maximum values

must be given (bmin and bmax).

The length of vehicle combinations is the length of the motor vehicle and trailer or

semi-trailer placed in a straight line behind each other.

The values given on the proof of compliance shall reproduce exactly the

measurements carried out directly on the vehicle.

This information need not be repeated where the vehicle carries a single plate containing data

on both weights and dimensions.

Passenger vehicles shall be classified in the following

categories

CATEGORY M

Motor vehicles with at least four wheels used

for the carriage of passengers

-

M1 - Vehicles used for the carriage of passengers and

comprising no more than eight seats in addition to the

driver’s seat;

-

M2 - Vehicles used for the carriage of passengers,

comprising more than eight seats in addition to the

driver’s seat, and having a maximum mass not

exceeding 5 tonnes;

-

M3 - Vehicles used for the carriage of passengers,

comprising more than eight seats in addition to the

driver’s seat, and having a maximum mass exceeding 5

tonnes.

Amended by

L.N. 348 of 2005.

Substituted by

L.N. 345 of 2007.

(Regulation 28)

VEHICLES EXEMPTED FROM THE REQUIREMENT OF INSTALLING

RECORDING EQUIPMENT

1. Vehicles with a maximum authorised speed not exceeding 40 kph.

2. Vehicles owned or hired without a driver by the armed services, civil

defence services, fire services and forces responsible for maintaining public order

when the carriage is undertaken as a consequence of the tasks assigned to these

services and is under their control.

3. Vehicles, including vehicles used in the non-commercial transport of

humanitarian aid, used in emergencies or rescue operations.

4. Specialised vehicles used for medical purposes.

5. Specialised breakdown vehicles operating within a 100km radius of their

6. Vehicles undergoing road tests for technical development, repair or

maintenance purposes, and new or rebuilt vehicles which have not yet been put into

service.

7. Vehicles or combinations of vehicles with a maximum permissible mass not

exceeding 7.5 tonnes used for the non-commercial carriage of goods.

8. Commercial vehicles which have a historic status and which are used for the

non-commercial carriage of passengers or goods.

9. Vehicles or combination of vehicles with a maximum permissible mass not

exceeding 7.5 tonnes used for carrying materials, equipment or machinery for the

driver’s use in the course of his work.

Goods vehicles shall be classified in the following

categories

CATEGORY N

Motor vehicles with at least four wheels used

for the carriage of goods

-

N1 - Vehicles used for the carriage of goods and

having a maximum mass not exceeding 3.5 tonnes;

-

N2 - Vehicles used for the carriage of goods and

having a maximum mass exceeding 3.5 tonnes but not

exceeding 12 tonnes;

-

N3 - Vehicles used for the carriage of goods and

having a maximum mass exceeding 12 tonnes.

In the case of a towing vehicle designed to be coupled to a

semi-trailer or centre-axle trailer, the mass to be considered for

classifying the vehicle is the mass of the tractor vehicle in running

order, increased by the mass corresponding to the maximum static

vertical load transferred to the tractor vehicle by the semi-trailer or

centre-axle trailer and, where applicable, by the maximum mass of

the tractor vehicle’s own load.

Amended by

L.N. 348 of 2005.

(Regulation 35)

PROCEDURES FOR CHECKING AND INSPECTING RECORDING EQUIPMENT

The Authority shall nominate the bodies which shall carry out the checks and

inspections.

1. Certification of new or repaired instruments: Every individual device,

whether new or repaired, shall be certified in respect of its correct operation and the

accuracy of its readings and recordings, within the limits laid down by the Authority,

by means of sealing in accordance with requirements to be laid down by the

Authority.

2. The Authority may stipulate an initial verification, consisting of a check on

and confirmation of the conformity of a new or repaired device with the type-

approved model or may delegate the power to certify to the manufacturers or to its

authorised agents.

3. When being fitted to a vehicle, the equipment and the whole installation

must comply with the provisions relating to maximum tolerances laid down by the

Authority.

The inspection tests shall be carried out by the approved fitter or workshop

on his or its responsibility.

4. (a) Periodic inspections of the equipment fitted to vehicles shall take place

at least every two years and may be carried out in conjunction with roadworthiness

tests of vehicles.

These inspections shall include the following checks

-

that the equipment is working correctly including the downloading of

data to and from the workshop card,

-

that the equipment carries the type approval mark,

-

that the installation plaque is affixed,

-

that the seals on the equipment and on the other parts of the installation

are intact,

-

the actual circumference of the tyres.

(b) An inspection to ensure compliance with any law or regulation in force

in Malta relating to the maximum tolerances in use shall be carried out at least once

every six years, although the Authority may stipulate a shorter interval or such

inspection in respect of vehicles registered in its territory. Such inspections must

include replacement of the installation plaque.

5. The measurement of errors on installation and during use s hall be carried

out under the following conditions, which are to be regarded as constituting standard

test conditions

-

vehicle unladen, in normal running order

-

tyre pressures in accordance with the manufacturer’s instructions,

-

tyre wear within the limits allowed by law,

-

movement of the vehicle: the vehicle must proceed, driven by its own

engine, in a straight line and on a level surface, at a speed of 50 ± 5 km/

h; provided that it is of comparable accuracy, the test may also be

carried out on an appropriate test bench.

Trailers shall be classified as follows

CATEGORY O

Trailers (including semi-trailers)

-

O1 - Trailers with a maximum mass not exceeding

0.75 tonnes;

-

O2 - Trailers with a maximum mass exceeding 0.75

tonnes but not exceeding 3.5 tonnes;

-

O3 - Trailers with a maximum mass exceeding 3.5

tonnes but not exceeding 10 tonnes;

-

O4 - Trailers with a maximum mass exceeding 10

tonnes.

In the case of a semi-trailer or centre-axle trailer, the

ma xi m um m a s s t o be c o nsi de r e d f o r cl a s s if y in g th e tr a il e r

corresponds to the static vertical load transmitted to the ground by

the axle or axles of the semi-trailer or centre-axle trailer when

coupled to the towing vehicle and carrying its maximum load.

Added by

L.N. 422 of 2016.

TYPE APPROVAL OF AERODYNAMIC DEVICES WITH THE AIM SCOPE

OF IMPROVING ENERGY EFFICIENCY

1. Before being placed on the market, the aerodynamic devices referred to in

regulation 12A(1) exceeding 500 mm in length shall be type-approved in accordance

with the rules on type-approval within the framework of Directive 2007/46/EC.

2. The aerodynamic devices referred to in paragraph 1 above shall fulfil the

following operational conditions

(a) in circumstances where the safety of other road users or of the driver is

at risk, they shall be folded, retracted or removed by the driver;

(b) their use on urban and inter urban road infrastructures shall take into

account the special characteristics of areas where the speed limit is less

than or equal to 50 km/h and where vulnerable road users are more

likely to be present; and

(c) their use shall be compatible with intermodal transport operations and,

in particular, when retracted/folded, they shall not exceed the maximum

authorised length by more than 20 cm.

3. Before being placed on the market, the vehicles referred to in regulation

12B(1) shall be approved in accordance with the rules on type-approval within the

framework of Directive 2007/46/EC.

If anything contained in these regulations is inconsistent or

in conflict with the Motor Vehicles Regulations, the present

regulations shall prevail, and to the extent of these inconsistencies

or conflicts the Motor Vehicles Regulations shall be deemed null

and void.

Added by

L.N. 422 of 2016.

CONDITIONS RELATING TO EQUIVALENCE BETWEEN CERTAIN

NON-AIR SUSPENSION SYSTEMS AND AIR SUSPENSION

FOR VEHICLE DRIVING AXLE(S)

1. DEFINITION OF AIR SUSPENSION

A suspension system is considered to be air suspended if at least 75% of the

spring effect is caused by the air spring.

2. EQUIVALENCE TO AIR SUSPENSION

A suspension recognized as being equivalent to air suspension must conform

to the following

2.1. during free transient low frequency vertical oscillation of the sprung mass

above a driving axle or bogie, the measured frequency and damping with the

suspension carrying its maximum load must fall within the limits defined in points

2.2 to 2.5;

2.2. each axle must be fitted with hydraulic dampers. On tandem axle bogies, the

dampers must be positioned to minimize the oscillation of the bogies;

2.3. the mean damping ratio D must be more than 20% of critical damping for the

suspension in its normal conditions with hydraulic dampers in place and operating;

2.4. the damping ratio D of the suspension with all hydraulic dampers removed

or incapacitated must be not more than 50% of D;

2.5. the frequency of the sprung mass above the driving axle or bogie in a free

transient vertical oscillation must not be higher than 2,0 Hz;

2.6. the frequency and damping of the suspension are given in paragraph 3. The

test procedures for measuring the frequency and damping are laid down in paragraph

4.

3. DEFINITION OF FREQUENCY AND DAMPING

In this definition a sprung mass M (kg) above a driving axle or bogie is

considered. The axle or bogie has a total vertical stiffness between the road surface

and the sprung mass of K Newtons/metre (N/m) and a total damping coefficient of C

Newtons per metre per second (N.s/m). The vertical displacement of the sprung mass

is Z. The equation of motion for free oscillation of the sprung mass is

The frequency of oscillation of the sprung mass is

The damping is critical when C = Co where

The damping ratio as a fraction of critical damping is C/Co.

During free transient oscillation of the sprung mass the vertical motion of

the mass will follow a damped sinusoidal path (Figure 2). The frequency can be

estimated by measuring the time for as many cycles of oscillation as can be

observed. The damping can be estimated by measuring the heights of successive

peaks of the oscillation in the same direction. If the peak amplitudes of the first and

second cycles of the oscillation are A1 and A2, then the damping ratio D is

‘ln’ being the natural logarithm of the amplitude ratio.

4. TEST PROCEDURE

To establish by test the damping ratio D, the damping ratio with hydraulic

dampers removed, and the frequency F of the suspension, the loaded vehicle should

either

(a) be driven at low speed (5 km/hr ± 1 km/hr) over an 80 mm step with the

profile shown in Figure 1. The transient oscillation to be analyzed for

frequency and damping occurs after the wheels on the driving axle have

left the step; or

(b) be pulled down by its chassis so that the driving axle load is 1,5 times

its maximum static value. The vehicle held down is suddenly released

and the subsequent oscillation analysed; or

(c) be pulled up by its chassis so that the sprung mass is lifted by 80 mm

above the driving axle. The vehicle held up is suddenly dropped and the

subsequent oscillation analysed; or

(d) be subjected to other procedures insofar as it has been proved by the

manufacturer, to the satisfaction of the technical department, that they

are equivalent, and the frequency F of the suspension, the loaded

vehicle should either

The vehicle should be instrumented with a vertical displacement transducer

between driving axle and chassis, directly above the driving axle. From the trace, the

time interval between the first and second compression peaks can be measured to

obtain the frequency F and the amplitude ratio to obtain the damping. For twin-drive

bogies, vertical displacement transducers should be fitted between each driving axle

and the chassis directly above it.

(Omitted under the Statute Law Revision Act).

PART II

MAXIMUM AUTHORISED DIMENSIONS IN NATIONAL AND

INTERNATIONAL TRAFFIC AND THE MAXIMUM

AUTHORISED WEIGHTS IN INTERNATIONAL TRAFFIC

Goods vehicles in categories N2 and N3 and their trailers

in categories O3 and O4 registered in Malta shall comply with limit

values in the First Schedule and with any other restrictions on

maximum authorized dimensions and, or weights of vehicles in

specified areas or on specified roads.

(1) No vehicle or vehicle combination shall be allowed to

circulate in Malta for the national transport of goods in Malta if it

is not in conformity with the characteristics set out in points 1.1,

1.2, 1.4 to 1.8, 4.2 and 4.4 of the First Schedule.

(2) The maximum lengths laid down in point 1.1 of the First

Schedule, subject where applicable to regulation 12B, and the

maximum distance laid down in point 1.6 of the First Schedule,

may be exceeded by 15cm for vehicles or vehicle combinations

engaged in the transport of 45-foot containers or 45-foot swap

bodies, empty or loaded, provided that the road transport of the

container or swap body in question is part of an intermodal

transport operation.

(3) The maximum authorised weights of alternatively fuelled or

zero-emission vehicles shall be those set out in points 2.2.1, 2.2.2,

2.2.3, 2.2.4, 2.3.1, 2.3.2 and 2.4 of the First Schedule.

(4) Alternatively fuelled or zero-emission vehicles shall also

comply with the maximum authorised weight limits set out in point 3

of the First Schedule.

(5) Articulated vehicles put into circulation before 1 January

1991 which do not comply with the specifications contained in

points 1.6 and 4.4 of the First Schedule shall be deemed to comply

with such specifications for the purposes of regulation 11 u 12

respectively if they do not exceed a total length of 15.50m.

The Commissioner of Police in consultation with the

Authority may, in special cases to be decided on a case-by-case

basis, grant permission for the circulation in Malta of vehicles or

vehicle combinations for the national transport of goods which are

not in conformity with the characteristics set out in 1.3, 2, 3, 4.1

and 4.3 of the First Schedule.

Passenger transport vehicles (categories M2 and M3 and

their trailers in categories O3 and O4) registered in another State

and circulating temporarily in Malta as part of an international

journey or on cabotage operations shall comply with the limit

values established in the First Schedule and with any other

restrictions on maximum authorized dimensions and, or weights of

vehicles in specified areas or on specified roads.

Vehicles registered in Malta which are used exclusively in

M a l ta f o r h i re o r re w a rd , s h a l l c o m pl y w i th s p e c i f ic a t io n s

established from time to time by the Authority.

(1) Vehicles or vehicle combinations which are equipped

with aerodynamic devices meeting the requirements laid down in

paragraphs 1 and 2 of the Fifth Schedule, and which comply with

Directive 2007/46/EC, may exceed the maximum lengths provided

for in point 1.1 of the First Schedule, to allow the addition of such

devices to the rear of vehicles or vehicle combinations. Vehicles or

vehicle combinations equipped with such devices shall comply

with point 1.5 of the First Schedule, and any exceeding of the

maximum lengths shall not result in an increase in the loading

length of those vehicles or vehicle combinations.

(2) This regulation shall be deemed to have come into force on 15

April 2020.

(1) Vehicles or vehicle combinations which fulfil the

requirements laid down in paragraph 1 of the Sixth Schedule and

which comply with Directive 2007/46/EC may exceed the

maximum lengths laid down in point 1.1 of the First Schedule

provided that their cabs deliver improved aerodynamic

performance, energy efficiency and safety performance. Vehicles or

vehicle combinations equipped with such cabs shall comply with

point 1.5 of the First Schedule and any exceeding of the maximum

lengths shall not result in an increase in the load capacity of those

vehicles.

(2) This regulation shall be deemed to have come into force on 1

September 2020.

The Commissioner of Police in consultation with the

Authority may allow vehicles or vehicle combinations

incorporating new technologies or new concepts which cannot

comply with one or more requirements of these regulations to carry

out certain local transport operations for a trial period.

(1) Motor vehicles in categories M2 and M3 and their

trailers in category 0 and motor vehicles in categories N2 and N3

and their trailers in categories 03 and 04 shall carry one of the

following proofs

(a) a combination of the following two plates

(i)

the ''manufacturer’s plate'' established and

attached in accordance with the Motor Vehicles

(EC Type Approval) Regulations,

(ii) the plate relating to dimensions, in accordance

with the Second Schedule, established and

attached in accordance with those same

regulations; or

(b) a single plate established and attached in accordance

with Motor Vehicles (EC Type Approval) Regulations

and containing the information on the two plates

referred to in paragraph (a); or

(c) a single document issued by the competent authority of

the Member State in which the vehicle is registered or

put into circulation. Such document shall bear the

same headings and information as the plates referred

to in paragraph (a). It shall be kept in a place easily

accessible to inspection and shall be adequately

protected.

(2) The additional weight required by alternatively fuelled or

zero-emission vehicles shall be defined on the basis of the

documentation provided by the manufacturer when the vehicle in

question is approved. The additional weight shall be indicated in the

official proof required in accordance with sub-regulation (1).

(3) If the characteristics of a vehicle registered in Malta no

longer correspond to those indicated on the proof of compliance

stipulated in sub-regulation (1), the Authority shall take the

necessary steps to ensure that the proof of compliance is altered.

(4) The plates and documents referred to in sub-regulation (1)

shall be recognised by the Authority as the proof of vehicle

compliance provided for in these regulations.

(5)

Vehicles carrying proof of compliance may be subject

(a) as regards common standards on weights, to random

checks;

(b) as regards common standards on dimensions, only to

checks where there is a suspicion of non-compliance

with these regulations.

(6) The middle column of the proof of compliance relating to

weights shall contain, where appropriate, the Community weight

standards applicable to the vehicle in question. As regards vehicles

referred to in point 2.2.2 (c) of the First Schedule, the entry '44

tonnes` shall be included in brackets under the maximum

authorized weight of the vehicle combination.

(7) The Authority may decide, in respect of any vehicle

registered or put into circulation, that the maximum weights

authorized by national legislation shall be indicated in the proof of

compliance in the left-hand column and the technically permissible

weights in the right-hand column.

The dimension and weight limits established in this Part of

these regulations applicable to vehicles for circulation on the public

highway shall apply without prejudice to any prohibitive road signs

placed in order to safeguard certain road infrastructures, that are

not suitable for long and heavy vehicles, from damage in

accordance with Traffic Signs and Markings Regulations.

PART III

INSTALLATION AND USE OF SPEED LIMITATION DEVICES

(1) The scope of this Part is the implementation of

Council Directive 92/6/EEC on the installation and use of speed

limitation devices for certain categories of motor vehicles in the

Community as amended by Directive 2002/85/EC of the European

Parliament and of the Council.

(2) This Part applies to N3, N2, M3 and M2 category vehicles

that are intended for use on the road, having at least four wheels

and a maximum design speed exceeding 25 kph.

The requirements of this Part shall not apply to the

following

(a) motor vehicles used by armed forces, civil defence,

fire and other emergency services and forces

responsible for maintaining public order;

(b) goods vehicles whose maximum design speed is lower

than 90 kph and passenger vehicles whose maximum

design speed is lower than 100 kph;

(c) motor vehicles used for scientific tests on roads; and

(d) motor vehicles used only for public services in urban

areas.

The following goods vehicles shall be equipped with a

fully operational speed limitation device

(a) N3 category vehicles first registered in Malta or

registered in a Member State on or after 1st January,

1988;

(b) N2 category vehicles first registered in Malta on or

after the 1st January, 2005 to operate both nationally

and internationally or registered in a Member State and

circulating on the public highway;

(c) N2 category vehicles having a maximum mass of more

than 7.5 tonnes registered in Malta on or after the 1st

January, 2005 to operate only in Malta;

(d) N2 category vehicles having a maximum mass of more

than 3.5 tonnes but not exceeding 7.5 tonnes to be first

registered in Malta on or after the 1st January, 2008 to

operate only in Malta.

N2 category vehicles with a diesel engine first registered in

Malta between 1st October, 2001 and the 31st December, 2004

shall be equipped with a fully operational speed limitation device

by the -

(a) 1st January, 2006 if they are registered to be used for

both national and international transport, and

(b) 1st January, 2007 if they are registered to be used only

for national transport.

The maximum speed limitation for such goods vehicles

shall be set at 90 kph on the speed limitation device.

The maximum speed limitation for vehicles registered and

used exclusively in Malta for the carriage of dangerous goods shall

be set at 90 kph on the speed limitation device.

The following passenger vehicles shall be required to be

equipped with a fully operational speed limitation device

(a) M3 category vehicles with a maximum mass of more

than 10 tonnes first registered in Malta or registered in

a Member State on or after the 1st January, 1988;

(b) M3 category vehicles that are first registered in Malta

or registered in a Member State on or after the 1st

January, 2005;

(c) M2 category vehicles that are first registered in Malta

on or after the 1st January, 2005 to operate both

nationally and internationally or registered in a

Member State and circulating on the public highway;

(d) M2 category vehicles to be first registered in Malta on

or after 1st January 2008 to operate only in Malta.

M3 category vehicles with a maximum mass of more than 5

tonnes but not exceeding 10 tons and having a diesel engine and

M2 category vehicles having a diesel engine first registered on or

after the 1st October, 2001 shall be fitted with a speed limitation

device by the -

(a) 1st January, 2006 if they are registered to be used for

both national and international transport, and

(b) 1st January, 2007 if they are registered to be used only

for national transport.

The maximum speed limitation for such passenger

transport vehicles shall be set at 100 kph on the speed limitation

device.

Speed limitation devices shall satisfy the technical

requirements laid down in the Motor Vehicles (EC Type Approval)

Regulations. However, all vehicles covered by this Part of the

regulations and registered before the 1st January, 2005 may

continue to be equipped with speed limitation devices which satisfy

the technical requirements laid down by the competent authorities

in Member States.

Speed limitation devices shall be installed by workshops or

bodies approved by the Authority or by the competent authority of

an Agreement State.

PART IV

INSTALLATION AND USE OF RECORDING EQUIPMENT

(TACHOGRAPHS)

This Part shall apply to motor vehicles that are in

categories M2, M3, N2 and N3 and are registered

(a) in a Member State and are circulating on the public

highway in Malta; or

(b) in Malta for international operation.

Motor vehicles performing services listed in the Third

Schedule shall be exempt from the application of regulation 30.

(1) All motor vehicles referred to in regulation 27 put into

service for the first time before 1st May 2006 shall be fitted with

recording equipment installed in accordance with the Council

Regulation on recording equipment and which comply with either

Annex I or Annex IB and with Annex II to the said Regulation.

(2) All motor vehicles referred to in regulation 27 put into

service for the first time on the 1st May 2006 or after that date shall

be fitted with recording equipment installed in accordance with the

Council Regulation on recording equipment and which comply

with Annex IB and Annex II to that Regulation.

No person shall use, or cause or permit to be used, a

vehicle referred to in regulation 27 unless that vehicle is fitted with

recording equipment in accordance with the preceding regulation.

The Authority shall be responsible for the issue of

(a) a driver card to a driver who has his normal residence

in Malta,

(b) a company data card to an undertaking which owns

vehicles fitted with recording equipment,

(c) a test station card to fitters or workshops authorised to

install and repair recording equipment, and

(d) a control card to an authorised inspecting officer.

(1) Test station cards issued to approved workshops or

fitters shall only be valid for a period not exceeding one year.

(2) Where a card issued to an approved workshop or fitter is to

be extended, is damaged, malfunctions, is lost or is stolen, the

Authority shall issue a replacement card within five working days

of receiving a detailed request to that effect.

(1) Recording equipment may only be installed on

vehicles, repaired or removed therefrom by fitters or workshops

approved for that purpose by the Authority.

(2) The Authority shall, after consultation with the Minister,

lay down procedures and conditions to be adopted by approved

fitters and workshops.

(3) The Authority may withdraw approval from any fitter or

w o r k s h o p f o r f a i l u r e t o c o m p l y w i t h t h e s e p r o c e d u r e s an d

conditions.

(4) An authorised inspecting officer may enter the premises of

an approved fitter or workshop for the installation, repair and

inspection of recording equipment and inspect any document,

record book or equipment being kept at the premises.

The Authority shall take any measures necessary to ensure

that the resale or decommissioning of recording equipment cannot

detract, in particular, from the satisfactory application of these

MOTOR VEHICLES (WEIGHTS, DIMENSIONS AND EQUIPMENT)

regulations.

The undertaking or the owner or lessee of the vehicle shall

(a) ensure that recording equipment is installed, used and

fully functional at all times in vehicles referred to in

regulation 27 in the manner laid down in guidelines to

be provided by the Authority;

(b) issue a sufficient number of record sheets to drivers of

vehicles fitted with recording equipment, taking into

consideration

(i)

the fact that such sheets are personal in

character,

(ii) the length of the period of service, and

(iii) the possible obligation to replace sheets which

are damaged, or have been retained by an

authorised inspecting officer;

(c) only issue to drivers, sheets of an approved model

suitable for use in the equipment installed in the

vehicle;

(d) keep the record sheets and print-outs, whenever

printouts have been made, in chronological order and

in a legible form for a period of one year after their use

and shall give copies to the drivers concerned

requesting them. The undertaking shall also give

copies of downloaded data from the driver cards to the

drivers concerned requesting them and the printed

papers of these copies. The record sheets, print-outs

and downloaded data shall be produced or handed over

at the request of any authorised inspecting officer;

(e) arrange for periodic checks or inspections to take place

as described in the Fourth Schedule and in accordance

with the Motor Vehicles (Carriage of Goods by Road)

Regulations and the Motor Vehicles (Carriage of

Passengers by Road) Regulations.

A driver of a vehicle subject to this Part shall

(a) ensure that recording equipment is installed and fully

functional at all times in vehicles referred to in

regulation 27 in the manner laid down in guidelines to

be provided by the Authority;

(b) use the recording equipment in a manner as to fully

comply with the provisions of the Motor Vehicles

(Carriage of Goods by Road) Regulations and the

Motor Vehicles (Carriage of Passengers by Road)

Regulations with respect to driving times, rest periods

and breaks from driving;

(c) use the record sheets or driver cards every day on

which they are driving, starting from the moment they

take over the vehicle;

(d) refrain from using dirty or damaged record sheets or

driver cards. The sheets or cards shall be adequately

protected for this purpose;

(e) attach the damaged sheet to the spare sheet used to

replace it where any sheet bearing recordings becomes

damaged;

(f)

amend the record sheets or driver cards as necessary

should there be more than one driver on board the

vehicle, so that the relevant information is recorded on

the record sheet of the driver who is actually driving;

(g) return any record sheet which applies to him to his

employer for inspection and retention as soon as

practicable but not later than 21 days after its

completion;

(h) ensure that the time recorded on the sheet agrees with

the official time in the country of registration of the

vehicle;

(i)

operate the switch mechanisms enabling the following

periods of time to be recorded separately and

distinctly

i.

under the sign

driving time;

any activity other

ii.

under the sign

than

driving,

namely

(i)

loading and unloading;

(ii)

assisting

passengers

boarding

and

disembarking from the vehicle;

(iii) cleaning and technical maintenance;

(iv) all other work intended to ensure the

safety of the vehicle, its cargo and

passengers or to fulfil the legal or

regulatory obligations directly linked to

the specific transport operation under way,

including monitoring of loading and

unloading, administrative formalities with

police, customs, immigration officers,

etc.;

(v) other work for the same or another

employer, within or outside the transport

sector;

iii.

under the sign

availability, namely

-

periods other than those relating to break

times and rest times during which the

driver is not required to remain at his

workstation, but must be available to

answer any calls to start or resume driving

or to carry out other work. In particular

such periods of availability shall include

periods during which the driver is

accompanying a vehicle being transported

by ferryboat or by train as well as periods

of waiting at frontiers and those due to

traffic prohibitions. These periods and

their foreseeable duration shall be known

in advance by the driver, that is to say

either before departure or just before the

actual start of the period in question, or

under the general conditions negotiated

between the social partners and, or under

the terms of existing legislation;

breaks in work and

iv.

under the sign

daily rest periods;

(j)

not withdraw the record sheet or driver card before the

end of the daily working period unless its withdrawal

is otherwise authorised; and

(k) use a record sheet to cover a period longer than that for

which it is intended.

(1) When, as a result of being away from the vehicle, a

driver is unable to use the equipment fitted to the vehicle, the

periods of time referred to in regulation 36(i), sub-paragraphs (ii),

(iii) and (iv), shall

(a) if the vehicle is fitted with recording equipment in

conformity with Annex I to the Council Regulation on

recording equipment, be entered on the record sheet,

either manually, by automatic recording or other

means, legibly and without dirtying the sheet; or

(b) if the vehicle is fitted with recording equipment in

conformity with Annex IB to the Council Regulation

on recording equipment, be entered onto the driver

card using the manual entry facility provided in the

recording equipment.

(2) Where there is more than one driver on board the vehicle

fitted with recording equipment in conformity with Annex IB to the

Council Regulation on recording equipment, each driver shall

ensure that his driver card is inserted into the correct slot in the

tachograph.

The Authority may permit all the periods referred to in

regulation 36(i)(ii) and (iii) to be recorded under the sign

on the record sheets used on vehicles registered in its territory.

Each crew member shall enter the following information

on his record sheet

(a) on beginning to use the sheet - his surname and first

name;

(b) the date and place where use of the sheet begins and

the date and place where such use ends;

(c) the registration number of each vehicle to which he is

assigned, both at the start of the first journey recorded

on the sheet and then, in the event of a change of

vehicle, during use of the sheet;

(d) the odometer reading

(i)

at the start of the first journey recorded on the

sheet,

(ii) at the end of the last journey recorded on the

sheet,

(iii) in the event of a change of vehicle during a

working day (reading on the vehicle to which he

was assigned and reading on the vehicle to

which he is to be assigned);

(e) the time of any change of vehicle.

(1) The recording equipment shall be so designed that it is

possible for an authorised inspecting officer, if necessary after

opening the equipment, to read the recordings relating to the nine

hours preceding the time of the check without permanently

deforming, damaging or soiling the sheet. The equipment shall,

furthermore, be so designed that it is possible, without opening the

case, to verify that recordings are being made.

(2)

(a) Where the driver drives a vehicle fitted with recording

equipment in conformity with Annex I to the Council

Regulation on recording equipment, the driver must be

able to produce, whenever an inspecting officer so

requests

(i)

the record sheets for the current week and those

used by the driver in the previous fifteen days;

(ii) the driver card if he holds one; and

(iii) any manual record and print-out made during the

current week and the previous fifteen days as

required under these regulations.

However, after 1st January 2008, the time periods

referred to under sub-paragraphs (i) and (ii) shall

cover the current day and the previous twenty-eight

days.

(b) Where the driver drives a vehicle fitted with recording

equipment in conformity with Annex IB to the Council

Regulation on recording equipment, the driver must be

able to produce, whenever an inspecting officer so

requests

(i) the driver card of which he is the holder;

(ii) any manual record and print-out made during the

current week and the previous fifteen days as

required under these regulations; and

(iii) the record sheets corresponding to the same

period as the one referred to in the previous sub-

paragraph during which he drove a vehicle fitted

with recording equipment in conformity with

Annex I to the Council Regulation on recording

equipment.

However, after 1st January 2008, the time periods

referred to under sub-paragraph (ii) shall cover the

current day and the previous twenty-eight days.

(3) A transport undertaking which uses vehicles that are fitted

with recording equipment complying with Annex IB to the Council

Regulation on recording equipment and that fall within the scope of

these regulations shall

(i)

ensure that all data are downloaded from the vehicle

unit at least every three months and from the driver

card at least every twenty-eight days;

(ii) ensure that all data downloaded from both the vehicle

unit and driver card are kept at least twelve months

following recording and, should any inspecting officer

request it, such data are accessible, either directly or

remotely, from the premises of the undertaking.

An authorised inspecting officer shall check compliance

with the provisions of the Motor Vehicles (Carriage of Goods by

Road) Regulations and the Motor Vehicles (Carriage of Passengers

by Road) Regulations relating to working hours and break times by

analysis of the record sheets, of the displayed or printed data which

have been recorded by the recording equipment or by the driver

card or, failing this, by analysis of any other supporting document

that justifies non-compliance with a provision, such as those laid

down in regulation 42(4).

(1) In the event of breakdown or faulty operation of the

equipment, the employer shall have it repaired by an approved

fitter or workshop, as soon as circumstances permit.

(2) If the vehicle is unable to return to the employer’s premises

within a period of one week calculated from the day of the

breakdown or of the discovery of defective operation, the repair

shall be carried out en route.

(3) The Authority may prohibit the use of any vehicle where

such breakdown or faulty operation has not been repaired as

provided in the foregoing sub-regulations.

(4) While the recording equipment is unserviceable or

malfunctioning, drivers shall mark on the record sheet or sheets, or

on a temporary sheet to be attached to the record sheet or to the

driver card, on which he shall enter data enabling him to be

identified (driver ’s card number and, or name and, or driving

licence number), including his signature, all information for the

various periods of time which are no longer recorded or printed out

correctly by the recording equipment.

Provisions Specific to the Use of Driver Cards

The provisions applicable to the use of record sheets shall

mutatis mutandis apply to the use of driver cards.

Where a driver card is damaged, malfunctions, or is not in

the possession of the driver, the driver shall

(a) at the start of his journey, print out the details of the

vehicle the driver is driving, and shall enter onto that

printout -

(i)

details that enable the driver to be identified

(name, driver card or driver’s licence number),

including his signature,

(ii) the periods referred to in regulation 36(i), sub-

paragraphs (ii), (iii) and (iv);

(b) at the end of his journey, print out the information

relating to periods of time recorded by the recording

equipment, record any periods of other work,

availability and rest undertaken since the print-out that

was made at the start of the journey, where not

recorded by the tachograph, and mark on that

document details that enable the driver to be identified

(name, driver card or driver’s licence number)

including the driver’s signature.

Driver cards shall be

(a) issued and personalised by the Authority;

(b) not be valid for more than five years;

(c) unique to each driver; and

(d) non-transferable.

Where the vehicle is fitted with recording equipment, the

employer and the driver shall ensure that, taking into consideration

the length of the period of service, printing on request can be

carried out correctly in the event of an inspection.

Where a driver is required to drive a vehicle fitted with

new advanced recording equipment, the employer and drivers shall

ensure

(a) the correct functioning and proper use of the recording

equipment and any driver card;

(b) that data recorded and stored by recording equipment

can be made available for at least 365 days after the

date of their recording and that they can be made

available under conditions that guarantee the security

and accuracy of the data.

For the purposes of this Part the conditions of normal

residence need not be satisfied by persons carrying out fixed-term

assignments in Malta and residing in Malta for that purpose. In

such a case -

(a) drivers shall produce proof of their place of normal

residence by any appropriate means, such as any legally

valid identification document;

(b) where the Authority, having issued the driver card, has

reason to doubt the validity of a statement as to normal

residence made in accordance with paragraph (a), or

requires to exercise specific controls within its duties,

it may request any additional information or evidence

thereof;

(c) when issuing a driver card the Authority shall, as far as

possible, ensure that the applicant does not already

hold a valid driver card.

he driver shall enter in the recording equipment the

symbols of the countries in which he begins and ends his daily

work period. This data shall be entered by the driver, either

manually or automatically if the recording equipment is linked to a

satellite tracking system.

If the driver card is damaged, malfunctions or is lost or

stolen

(a) the driver shall apply within seven calendar days for

its replacement;

(b) the Authority shall supply a replacement card within

five working days of receiving a detailed request to

that effect.

(1) Where the Authority is requested to renew, replace or

exchange the driver card of a Maltese national, whose card has

been issued by the Authority of a Member State, it shall inform the

foreign Authority which issued the old card of the precise reasons

for its renewal, replacement or exchange.

(2) Where a driver wishes to renew his driver card, he shall

apply to the Authority not later than 15 working days before the

expiry date of the card, and the Authority shall supply a new card

before the expiry date.

(3) The driver card, during its official period of validity, may

be withdrawn or suspended if the Authority finds that

(a) the card has been falsified, or

(b) the driver is using a card of which he is not the holder,

or

(c) the card held has been obtained on the basis of false

declarations and, or forged documents.

PART V

INSTALLATION AND USE OF TAXIMETERS

Part V - regulations 52 to 63 - has been revoked by Legal Notice

215 of 2011.

PART VI

MINIMUM TREAD DEPTH OF TYRES

The minimum tread depth in the main grooves of tyres used

on vehicles in Category M1, N1 and O1 and O2 shall be 1.6 mm

when circulating on the public highway in Malta.

No vehicle in Category M1, N1, O1 and O2 shall be

allowed to circulate on the public highway if the tread depth of any

of its tyres is less than the minimum depth stipulated in the

previous regulation.

The Minister may by regulation exclude from the

application of the previous regulation certain vehicles which are

declared to be of historical value and used infrequently on the

public highway, that were originally equipped with tyres which,

when new, had a tread depth of less than 1.6 mm.

PART VII

INSTALLATION OF ON-BOARD WEIGHING EQUIPMENT

This part implements Directive (EU) 2015/719 on-Board

Weighing Equipment with regard to certain categories of motor

vehicles in the Community.

The Authority shall not require on-board weighing

equipment to be installed on vehicles or vehicle combinations

which are registered in another Member State.

Where automatic systems are used to establish

infringements of these regulations and to impose penalties, such

automatic systems shall be certified. Where automatic systems are

used only for identification purposes, they need not be certified.

The Authority shall carry out each calendar year an

appropriate number of checks on the weight of vehicles or vehicle

combinations in circulation, proportionate to the total number of

vehicles inspected each year in its territory.

The Authority shall, in accordance with Article 18 of

Regulation (EC) No 1071/2009, ensure that there is exchange of

information with other competent authorities about infringements

and penalties relating to this Article.

The on-board weighing equipment referred to in regulation

67 shall be accurate and reliable, fully interoperable and

compatible with all vehicle types.

PART VIII

OFFENCES AND PENALTIES

(1) No person shall

(a) falsify, suppress or destroy data recorded on the record

sheet, stored in the equipment or on print-outs from

the equipment and, in the case of recording equipment,

on a driver card;

(b) effect any manipulation of the equipment, record sheet

or driver card which may result in data and, or printed

information being falsified, suppressed or destroyed;

(c) carry any device which could be used to this effect on

the vehicle;

(d) falsify any record or entry on a record sheet with the

intent to deceive, alter or cause or permit to be altered

any such record or entry;

(e) tamper with any recording equipment installed in

accordance with these regulations or any guidelines

provided by the Authority unless duly authorised by

the Authority to do so.

(2) The Authority may impose upon any person who commits

the offences referred to in sub-regulation (1) a fine (ammenda) of

fifty-eight euro and twenty-three cents (58.23).

(3) Any person who in any other way fails to comply with these

regulations shall be liable to a fine (ammenda) of fifty-eight euro

and twenty-three cents (58.23).

(4) Where the offence or failure to comply with these

regulations results in, or could be the possible cause of an offence

prosecutable by the Court of Magistrates (Malta) or (Gozo) in its

criminal jurisdiction or by the Criminal Court, the fine in question

shall be a civil debt collectable by the Authority upon conclusion of

the criminal proceedings.