MOTOR VEHICLES (INTEROPERABILITY OF ELECTRONIC ROAD TOLLS SYSTEMS) REGULATIONS

SUBSIDIARY LEGISLATION 65.29

MOTOR VEHICLES (INTEROPERABILITY OF

ELECTRONIC ROAD TOLLS SYSTEMS)

REGULATIONS

11th July, 2006

LEGAL NOTICE 148 of 2006, as amended by Legal Notices 398 of 2021

54 of 2023 and 339 of 2024.

The title of these regulations is the Motor Vehicles

(Interoperability of Electronic Road Tolls Systems) Regulations.

Substituted by

L.N. 398 of 2021;

(Regulation 3)

L.N. 54 of 2023.

(Annex I to the Directive (EU) 2019/520)

Data elements necessary to conduct the automated search referred to in regulation 3

M/O( 1 )

Item

Remarks

Data relating to the vehicle

M

Member State of registration

M

(A( 2 ))

Registration number

M

Data relating to the failure to pay a road fee

M

Member State in whose territory there was a

M

failure to pay a road fee

Reference date of the occurrence

M

Reference time of the occurrence

M

( 1 )

M = mandatory when available in national register, O = optional.

( 2 )

Harmonised Union code, see Council Directive 1999/37/EC of 29 April 1999 on the

registration documents for vehicles (OJ L 138, 1.6.1999, p. 57)

Data elements provided as a result of the automated search conducted pursuant to

regulation 3

Part I. Data relating to vehicles

M/O( 1 )

Item

Remarks

Registration number

M

Chassis number or Vehicle

M

identification number (VIN)

Member State of registration

M

(D.1 ( 2 )) e.g. Ford, Opel, Renault

Make

M

Commercial type of the vehicle

M

(D.3) Focus, Astra, Megane

EU Category Code

M

(J) e.g. mopeds, motorbikes, cars

Euro emissions class

M

e.g. Euro 4, Euro 6

CO 2 emission class

O

applicable to heavy-duty vehicles

Date of reclassification

O

applicable to heavy-duty vehicles

CO 2 in g/tkm

O

applicable to heavy-duty vehicles

Technically permissible maximum

M

laden mass of the vehicle

( 1 )

M = mandatory when available in national register, O = optional.

( 2 )

Harmonised Union code, see Directive 1999/37/EC.

Part II. Data relating to owners or holders of the vehicles

M/O( 1 )

Item

Remarks

(C.1 ( 2 ))

Data relating to holders of the

vehicle

The data refer to the holder of the

specific registration certificate.

Registration holders’ (company)

M

(C.1.1)

name

Separate fields shall be used for

surname, infixes, titles, etc., and the

name in printable format shall be

communicated.

First name

M

(C.1.2)

Separate fields for first name(s) and

initials shall be used, and the name in

printable format shall be communicated.

Address

M

(C.1.3)

Separate fields shall be used for street,

house number and annex, post code,

place of residence, country of residence,

etc., and the address in printable format

shall be communicated.

Gender

O

Male, female

Date of birth

M

Legal entity

M

Individual, association, company, firm,

etc.

Place of birth

O

ID Number

O

An identifier that uniquely identifies the

person or the company.

Data relating to owners of the

(C.2) The data refer to the owner of the

vehicle

vehicle.

Owners’ (company) name

M

(C.2.1)

First name

M

(C.2.2)

Address

M

(C.2.3)

Gender

O

Male, female

Date of birth

M

Legal entity

M

Individual, association, company, firm,

etc.

Place of birth

O

ID Number

O

An identifier that uniquely identifies the

person or the company.

In case of scrap vehicles, stolen vehicles

or number plates, or outdated vehicle

registration no owner or holder

information shall be provided. Instead,

the message "Information not disclosed"

shall be returned.

( 1 )

M = mandatory when available in national register, O = optional.

( 2 )

Harmonised Union code, see Directive 1999/37/EC."

In these regulations, unless the context otherwise requires

"Authority" means the Authority for Transport in Malta

established by virtue of the Authority for Transport in Malta Act;

"Commission" means the European Commission;

"Directive" means Directive (EU) 2019/520 of the European

Parliament and of the Council of 19 March 2019 on the

interoperability of electronic road toll systems and facilitating cross-

border exchange of information on the failure to pay road fees in the

Union as amended by Directive (EU) 2022/362 of the European

Parliament and the Council of 24th February 2022, as amended from

time to time;

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

and includes also States of the European Economic Area;

"national contact point" means a designated competent authority

of a Member State for the cross-border exchange of vehicle

registration data;

"road fee" means the fee which must be paid by the road user for

circulating on a given road, a road network, a structure, such as a

bridge or a tunnel, or a ferry in a Member State which operates a road

toll system..

Added by

L.N. 54 of 2023.

(regulation 4)

TEMPLATE FOR THE INFORMATION LETTER

[Cover page]

............................................................[Name, address and telephone number of sender]

........................[Name and address of addressee]

INFORMATION LETTER

regarding the failure to pay a road fee occurred in …………… [name of the

Member State in whose territory there was a failure to pay a road fee]

Page 2

On ..................................... [date] a failure to pay a road fee with the vehicle with

registration

number..................................make............................................model...............................

..........was

detected

by...........................................................................................................[name of the

responsible body]

[Option 1] (1)

You are registered as the holder of the registration certificate of the

abovementioned vehicle.

[Option 2] (1)

The holder of the registration certificate of the abovementioned vehicle indicated

that you were driving that vehicle when the failure to pay a road fee was committed.

The relevant details of the failure to pay a road fee are described on page 3 below.

The amount of the financial penalty due for the failure to pay a road fee is

........................... EUR or national currency. (1)

The amount of the road fee due to pay is .................................... EUR or national

currency. (1)

Deadline for the payment is.................................

You are advised to complete the attached reply form (page 4) and send it to the

address shown, if you do not pay this financial penalty (1) or road fee (1) .

This letter shall be processed in accordance with the national law

of............................................................................................................... [name of the

Member State in whose territory there was a failure to pay a road fee].

Page 3

Relevant details concerning the failure to pay a road fee

(a)

Data concerning the vehicle which was used in the failure to pay a road fee

Registration number:..........................................

Member State of registration:................................................

Make and model .................................................................

(b)

Data concerning the failure to pay a road fee

Place, date and time where the failure to pay a road fee occurred

Nature and legal classification of the failure to pay a road fee

Detailed description of the failure to pay a road fee

Reference to the relevant legal provision(s)

Description of or reference to the evidence regarding the failure to pay a road fee

(c)

Data concerning the device that was used for detecting the failure to pay a

road fee (2)

Specification of the device

Identification number of the device

Expiry date for the last gauging

(1) Delete if not applicable.

(2) Not applicable if no device has been used.

Page 4

Reply form

(please complete using block capitals)

A.

Identity of the driver

— Full name:.......................................................................

— Place and date of birth:...................................................

— Number of driving licence:.......................... delivered (date): ..........................

and at (place):...............................

— Address:..................................................................................

B.

List of questions

1. Is the vehicle, make................., registration number ................., registered in

your name?................ yes or no (1)

If

not,

the

holder

of

the

registration

certificate

is:.................................................................

(name, first name, address)

Do you acknowledge that you failed to pay a road fee? yes or no (1)

2.

3. If you do not acknowledge this, please explain why

Please send the completed form within 60 days from the date of this information

letter to the following authority or entity: ....................................................

at the following address ............................................

INFORMATION

(Where the information letter is sent by the entity responsible for levying the road

fee pursuant to regulation 4)

If the road fee due is not paid within the deadline set out in this information letter,

this case will be forwarded to and examined by the competent authority of

[name of the Member State in whose territory there was a failure to pay a road

If this case is not pursued, you will be informed within 60 days after receipt of the

reply form or the proof of payment. (1)

/

(Where the information letter is sent by the competent authority of the Member

State)

This case will be examined by the competent authority of .........

[name of the Member State in whose territory there was a failure to pay a road

If this case is not pursued, you will be informed within 60 days after receipt of the

reply form or the proof of payment. (1)

(1) Delete if not applicable

If this case is pursued, the following procedure applies

[to be filled in by the Member State in whose territory there was a failure to pay a

road fee – what the further procedure will be, including details of the possibility and

procedure of appeal against the decision to pursue the case. These details shall in any

event include: name and address of the authority or entity in charge of pursuing the case;

deadline for payment; name and address of the body of appeal concerned; deadline for

appeal].

This letter as such does not lead to legal consequences.

Data protection disclaimer

[Where Regulation (EU) 2016/679 is applicable

In accordance with Regulation (EU) 2016/679, you have the right to request

access to, and rectification or erasure of, personal data or restriction of processing of

your personal data or to object to the processing, as well as the right to data portability.

You also have the right to lodge a complaint with [name and address of the relevant

supervisory authority].

[Where Directive (EU) 2016/680 is applicable

In accordance with Directive (EU) 2016/680, you have the right to request from

the controller access to and rectification or erasure of personal data and restriction of

processing of your personal data. You also have the right to lodge a complaint with

[name and address of the relevant supervisory authority].]

(1)

For the purposes of these regulations, the

Authority shall be Malta’s national contact point for the cross-border

exchange of vehicle registration data.

(2) In order to allow the identification of the vehicle, and the

owner or holder of that vehicle, in relation to a failure to pay a road

fee has been established, the Authority shall grant access only to

other Member States’ national contact points to the following

national vehicle registration data, with the power to conduct

automated searches thereon

(a) data relating to vehicles; and

(b) data relating to the owners or holders of the vehicle.

(3) The data elements referred to in paragraphs (a) and (b) of

sub-regulation (2) which are necessary in order to conduct an

automated search shall comply with the First Schedule and all

automated searches are to comply with the requirements of the said

Schedule.

(4) In the exchange of information with the national contact

points of other Member States, the Authority shall be obliged to

pay particular attention to the proper protection of personal data.

(5) The Authority shall take the measures necessary to ensure

that the exchange of information is carried out using the European

Vehicle and Driving Licence Information System (Eucaris)

software application and amended versions of this software, in

compliance with the First Schedule and with points 2 and 3 of

Chapter 3 of the Annex to Decision 2008/616/JHA.

(6) The Authority shall bear its own costs arising from the

administration, use and maintenance of the software applications

referred to in sub-regulation (5).

(1)

In the event that Malta decides to introduce a road

toll system, the entity which shall be responsible to operate this system

shall decide whether or not to initiate follow-up proceedings in

relation to the failure to pay a road fee.

(2)

Should the said entity decide to initiate such proceedings,

it shall be obliged to send an information letter to the owner, the holder

of the vehicle or the otherwise identified person suspected of having

failed to pay the road fee by means of registered mail.

(3)

The information letter shall include any relevant

information, notably on the nature of the failure to pay the road fee, the

place, date and time of the failure to pay the road fee, the title of the

texts of the national law infringed, the right to appeal and to have

access to information, and the sanction and, where appropriate, data

concerning the device used for detecting the failure to pay a road fee.

For such purpose, the information letter is to be based on the template

set out in the Second Schedule.

(4)

The information letter shall be sent in the language of the

registration document of the vehicle, if available, or in one of the

official languages of the Member State of registration.

(1)

The Authority may provide the entity responsible

for levying the road feewith the data obtained through the procedure

referred to in regulation 3 only if the following conditions are

satisfied

(a)

the data transferred is limited to what is needed by

that entity to obtain the road fee due;

(b)

the procedure for obtaining the road fee due

complies with the procedure provided for in regulation 3;

(c)

the entity concerned is responsible for carrying

out this procedure; and

(d)

compliance with the payment order issued by the

entity receiving the data puts an end to the failure to pay a road

fee.

(2)

The Authority shall be obliged to ensure that the data

provided to the responsible entity is used solely for the purpose of

obtaining the road fee due and is immediately deleted once the road

fee is paid or, if the failure to pay persists, within a reasonable period

after the transfer of the data. The period for the retention of such data

shall be set by the Authority.

The Authority shall send a comprehensive report to the

Commission by 19 April 2023 and every three (3) years thereafter

indicating the number and relevant details of automated searches

addressed to it by the national contact points of other Member States in

whose territory there was a failure to pay a road fee.

(1)

In the processing of personal data in accordance

with these regulations, Regulation (EU) 2016/679, the Data Protection

Act, the Processing of Personal Data (Electronic Communications

Sector) Regulations and the Data Protection (Processing of Personal

Data by Competent Authorities for the Purposes of the Prevention,

Investigation, Detection or Prosecution of Criminal Offences or the

Execution of Criminal Penalties) Regulations, shall apply.

(2)

The Authority shall, in accordance with applicable data

protection legislation, take the measures necessary, to ensure that

(a)

the processing of personal data for the purposes of

regulation 3 is limited to the types of data listed in the First

Schedule;

(b)

personal data is accurate, kept up-to date and

requests for rectification or erasure, where applicable, are

handled without undue delay; and

(c)

where applicable, a time limit is established for

the storage of personal data.

(3)

The Authority shall take the measures necessary to

ensure that personal data processed under these regulations is used

only for the purpose of the identification of the vehicle and the owner

or holder of the vehicle in relation to which a failure to pay a road fee

in another Member State has been established within the scope of

regulation 3.

(4)

Any person concerned shall have the right to obtain,

without undue delay, information from the Authority on which

personal data recorded in the Authority’s registration was transmitted

to a Member State in which there was a failure to pay a road fee,

including the date of the request and the competent authority of the

Member State in whose territory there was a failure to pay a road fee.

The provisions of the Directive shall be applicable should a

toll system be established for any road in Malta.