MICROMOBILITY REGULATIONS

SUBSIDIARY LEGISLATION 65.32

MICROMOBILITY REGULATIONS

27 th December, 2019

LEGAL NOTICE 352 of 2019, as amended by Legal Notice 275 of

2023.

The title of these regulations is the Micromobility

Regulations.

In these regulations, unless the context otherwise

requires -

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

established by the Authority for Transport in Malta Act;

''bypass'' means a main road built to avoid a town or a

village or other congested area;

''cyclepath'' means, for the purpose of these regulations, a

path along a road or pavement which has been reserved and

marked for the exclusive use of bicycles;

''electric kick scooter'' or ''e-kickscooter'' means a stand-

up device that has a handlebar, a deck and small hard wheels

powered by an electric motor and which also allows for human

propulsion;

''footpath'' means, for the purpose of these regulations, a

path for pedestrians alongside, and a little higher than a road;

"pedestrian zone" means an area

(a)

which has been laid out to improve

amenities for pedestrians; and

(b)

to which the entry of vehicles is prohibited

or restricted;

''promenade'' means a public area set aside as a

pedestrian walk;

"road" means any road, street, lane, square, or other place

of public thoroughfare, and it includes any bridge over which,

and any tunnel through which, a road passes;

"Tribunal" means the Administrative Review Tribunal

established by article 5 of the Administrative Justice Act;

''tunnel'' means, for the purpose of these regulations, any

roofed road or passage forming part of the road network.

MICROMOBILITY

Part I

REGISTRATION, LICENSING AND INSURANCE

(1)

Electric kick scooters shall be registered and

licensed with the Authority.

(2)

The Authority shall not register any electric kick scooter

unless

(a)

the applicant produces, to the satisfaction of the

Authority, a certificate issued by the manufacturer, or, where

such a certificate cannot be produced, a report signed by a

warranted engineer, stating that the said electric kick scooter

has been manufactured or calibrated in such a manner that it

cannot achieve a speed in excess of 20km/h; and

(b)

the electric kick scooter is in conformity with the

requirements established in these regulations.

(3)

No person shall ride or drive on a road an e-kickscooter

which is not registered and licensed with the Authority.

(4)

Such registration mentioned in sub-regulation (1) shall

be made against the payment of a ten euro (€10) administration fee

payable to the Authority.

(5)

A registration number in the form of a plate or sticker, as

the Authority may deem fit according to the circumstances of each

case, shall be affixed in a conspicuous position on the e-kickscooter as

shall be instructed by the Authority.

(6)

The annual licence shall be in the form of a hologram

sticker and shall also be affixed in a conspicuous position on the e-

kickscooter as shall be instructed by the Authority.

(7)

No annual circulation fee shall be payable for e-

kickscooters.

No electric kick scooter may be used on the road in Malta

unless it is covered by a third-party risks insurance in compliance with

the requirements of the Motor Vehicle Insurance (Third-Party Risks)

Ordinance.

(1)

No person shall drive or permit any other person

to drive an e-kickscooter on the road in Malta unless that person –

(a)

has reached the age of sixteen years; and

(b)

is in possession of a valid driving licence

(Category A, AM or B) issued in conformity with the Motor

Vehicles (Driving Licences) Regulations.

(2)

Every person riding an e-kickscooter on the road shall be

obliged to carry his driving licence and, when so requested, to produce

the same to the Police or any other enforcement officer having the

power in terms of law to request the production of a driving licence.

Part II

USAGE

Any person who rides an e-kickscooter on a road shall

observe and abide by all traffic regulations, including those regulating

pedestrian crossings and traffic lights.

(1)

Electric kick scooters may be driven on footpaths,

promenades, shared footpaths, cyclepaths and pedestrian zones on

condition that the speed limit established in regulation (9)(b) is

observed.

(2)

Persons driving an e-kickscooter on any footpath, shared

footpath, promenade or pedestrian zone shall be obliged to exert the

utmost attention whilst driving and to give precedence to pedestrians

at all times.

(3)

Persons driving an e-kickscooter on any cyclepath or

shared cyclepath shall be obliged not to hinder or obstruct the free

flow of cycle traffic.

It shall be an offence for a person to drive an electric kick

scooter

(a)

in any part of the arterial or distributor roads which

are included in a list which shall be published by the Authority

from time to time in the Gazette except such parts of such roads

forming part of the Safe Cycle Route Network established by the

Authority from time to time by means of a publication in the

Gazette;

(b)

in any tunnel or underpass;

(c)

in any other road or public space, as may be

designated by the Authority from time to time and indicated by

appropriate road signage, where the use of e-kickscooters shall

be prohibited.

All persons driving electric kick scooters shall be obliged

to observe the following speed limits

(a)

a maximum speed of 20km/h when driving on

roads;

(b)

a maximum speed of 10km/h when driving on

footpaths, promenades, pedestrian zones and shared footpaths

and cyclepaths.

MICROMOBILITY

It shall be an offence for more than one person to ride, or

be carried on, an e-kickscooter.

It shall be an offence for a person on an e-kickscooter to

hold on to any other vehicle which is in motion or hold on to any

person or thing on, in or attached to any such vehicle.

It shall be an offence to tow any cart, trailer or any other

object whilst riding an e-kickscooter.

(1)

When riding an e-kickscooter on a road, a person

shall keep to the nearside left of the road as much as possible in the

direction of traffic except on the approach to an intersection or a

roundabout or when overtaking other traffic.

(2)

Persons riding e-kickscooters shall travel in a single file,

except when effecting a manoeuvre of overtaking, and not next to each

other.

It shall be an offence for any person to ride an e-

kickscooter freehand.

It shall be an offence to make use of, or to hold in one’s

hands, a mobile phone or any other object whilst riding an e-

kickscooter.

It shall be an offence to make use of headphones,

earphones or any other system or gadget which may hinder or impede

hearing whilst riding an e-kickscooter.

Where an e-kickscooter is not equipped with directional

indicators, the person riding such e-kickscooter shall be obliged to

indicate a change of direction with his hand in a clear and timely

manner in order to give other road users adequate prior notice of his

intention to change direction.

It shall be an offence to drive an e-kickscooter against the

direction of traffic unless there is a road sign and marking which

indicates that driving against the direction of traffic is permitted.

Part III

EQUIPMENT

Electrick kick scooters to be used on the road are

required to be equipped with a head lamp and a tail lamp which are

clearly visible to other road-users and pedestrians.

Any person riding an e-kickscooter on a road between

sunset and sunrise shall be obliged to wear a high visibility vest at all

times.

Part IV

PARKING

Electric kick scooters may be parked on pavements and

promenades or on footpaths and in pedestrian zones but not in such a

manner as to obstruct the free flow of pedestrian traffic or in such a

manner as to restrict or hinder the use thereof by persons with mobility

impairment or to impede the access to such pavements, promenades or

footpaths.

(1)

Wherever available, e-kickscooters are to be

parked in such parking infrastructures, such as racks, which may be

provided or in such parking spaces which are specifically designated

and marked for such purpose.

(2)

In such roads where there are no spaces specifically

designated and marked for such purpose, e-kickscooters may be

parked on the road in a perpendicular position to the pavement but not

in such a manner as to occupy a parking space which is specifically

designated and marked for the parking of other types of vehicles.

(1)

Any e-kickscooter parked in any manner which is

in breach of regulations 21 or 22 shall be subject to a fine for illegal

parking or obstruction, depending on the circumstances of the case.

(2)

Where an e-kickscooter is parked in such a manner as to

impede the free flow of pedestrian or vehicular traffic or in such a

manner as to occupy a parking space which is specifically designated

and marked for the parking of other types of vehicles, such e-

kickscooter may be removed from the road in accordance with the

Clamping and Removal of Motor Vehicles and Encumbering Objects

Regulations.

Part V

E-KICKSCOOTER SHARING SERVICES

These Regulations have been repealed by Legal 275 of 2023 .

These Regulations have been repealed by Legal 275 of 2023.

These Regulations have been repealed by Legal 275 of 2023 .

Part VI

OFFENCES AND PENALTIES

(1)

Any person who contravenes the provisions of

regulation 3(3) shall be guilty of an offence and shall, on conviction,

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

(2)

Any person who contravenes the provisions of regulation

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

(a)

in the case of a first offence, to a fine (multa) of

MICROMOBILITY

not less than two thousand and three hundred and twenty-nine

euro and thirty-seven cents (€2,329.37) but not exceeding four

thousand and six hundred and fifty-eight euro and seventy-five

cents (€4,658.75) or to imprisonment for a term not exceeding

three months, or to both such fine and imprisonment;

(b)

in the case of a second offence, to a fine (multa) of

not less than four thousand and six hundred and fifty-eight euro

and seventy-five cents (€4,658.75) but not exceeding five

thousand and eight hundred and twenty-three euro and forty-

three cents (€5,823.43) or to imprisonment for a term not

exceeding six months, or to both such fine and imprisonment;

(c)

in the case of a third or subsequent offence, to a

fine (multa) of not less than five thousand and eight hundred

and twenty-three euro and forty-three cents (€5,823.43) but not

exceeding six thousand and nine hundred and eighty-eight euro

and twelve cents (€6,988.12) or to imprisonment for a term not

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

(i)

where the offence consists in the use of an

e-kickscooter on a road by a person who is the owner of

the e-kickscooter or by a member of his family or other

person registered under the same address as the owner of

the e-kickscooter, the court shall, in addition to the

punishments laid down in this sub-paragraph, order the

forfeiture of the e-kickscooter;

(ii)

where the offence, as aforesaid, is

committed by any other person, the court shall, in

addition to the punishments laid down in this sub-

paragraph, impose a further fine (multa) equivalent to the

value of the e-kickscooter.

(2A) Any person convicted of an offence under this regulation

shall (unless the court for special reasons thinks fit to order otherwise

and without prejudice to the power of the court to order a longer period

of disqualification) be disqualified from holding or obtaining a driving

licence for a period of twelve months from the date of the conviction

Provided that if the execution of the judgment ordering

the conviction is stayed in view of the declared intention of the person

convicted to enter an appeal against such judgment, the period of

disqualification shall commence to run –

(a)

if it is confirmed or reduced by the judgment of

the Court of Criminal Appeal, from the date of such judgment;

(b)

if an application of appeal is not filed within the

time established by law, from the day next following the day on

which such time expires;

(c)

if the appeal is withdrawn by note, from the day

when such note is filed in the court or, if the appeal is otherwise

abandoned after the filing of the application of appeal, from

such day as the Court of Criminal Appeal shall, on application

of the Commissioner of Police or of the Authority for Transport

in Malta, establish.

(2B) The provisions of article 21 of the Criminal Code and of

the Probation Act, shall not apply in respect of any offence against the

provisions of this regulation.

(2C) Notwithstanding any enactment prescribing a time within

which proceedings may be brought before any court, proceedings for

an offence under this sub-regulation may be brought –

(a)

within a period of six months from the date of the

commission of the alleged offence; or

(b)

within a period which exceeds neither three

months from the date on which it came to the knowledge of the

prosecution that the offence had been committed or one year

from the date of the offence, whichever period is the longer.

(3)

Any person who contravenes the provisions of regulation

5(1) shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) not exceeding one thousand and two hundred euro

(€1,200) or to imprisonment not exceeding one year and the court

shall, in addition to the punishment established in this sub-regulation,

disqualify the offender from holding or obtaining a driving licence, in

the case of a first conviction for a period of not less than three months,

and in the case of a second or subsequent conviction, for a period of

not less than one year and the proviso to sub-regulation (2A) shall

apply mutatis mutandis.

(4)

Any person who makes use of a registration plate or

sticker on an e-kickscooter other than that allotted by the Authority

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

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

to imprisonment not exceeding six months, or to both such fine and

imprisonment.

(5)

Any person who contravenes the provisions of regulation

8(a) or (c) shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) of two hundred euro (€200).

(6)

Any person who contravenes the provisions of regulation

8(b) shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) of five hundred euro (€500).

(7)

Any person who contravenes the provisions of regulation

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

MICROMOBILITY

(a)

to a fine (ammenda) of thirty-four euro and

ninety-four cents (€34.94) and the imposition of three penalty

points in terms of regulation 40 and the Sixth Schedule of the

Motor Vehicles (Driving Licences) Regulations if the excessive

speed is up to 5 kilometers per hour over the maximum speed

limit established in regulation 9; and

(b)

to a fine (ammenda) of sixty-nine euro and eighty-

eight cents (€69.88) and the imposition of six penalty points in

terms of regulation 40 and the Sixth Schedule of the Motor

Vehicles (Driving Licences) Regulations if the excessive speed

is more than 5 kilometers per hour over the maximum speed

limit established in regulation 9.

(8)

Any person who contravenes the provisions of

regulations 10, 11, 12, 13 or 14 shall be guilty of an offence and shall,

on conviction, be liable to a fine (ammenda) of not less than fifty euro

(€50) but not exceeding one hundred euro (€100).

(9)

Any person who contravenes the provisions of regulation

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

fine (ammenda) of two hundred euro (€200).

(10) Any person who contravenes the provisions of regulation

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

fine (ammenda) of three hundred euro (€300).

(11) Any person who contravenes the provisions of regulation

17, 18, or 19 shall be guilty of an offence and shall, on conviction, be

liable to a fine (ammenda) of one hundred euro (€100).

(12) Any person who contravenes the provisions of regulation

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

fine (multa) of two hundred euro (€200).

(13) * Any person who contravenes the provisions of regulation

24(3) shall be guilty of an offence and shall, on conviction, be liable to

a fine (multa) of not less than two thousand euro (€2,000) but not

exceeding ten thousand euro (€10,000).

(14) † Any person who contravenes the provisions of regulation

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

fine (multa) of not less than five hundred euro (€500) but not

exceeding two thousand euro (€2,000).

(1)

Unless specifically regulated in Part VI, the

commission of any offence in violation of any traffic regulation whilst

using or driving an electric kick scooter shall carry with it the same

* Sub-regulation (13) has ceased to be in force on 1st April, 2024. Vide regulation

1(2)(a) of Legal Notice 275 of 2023.

† Sub-regulation (14) has ceased to be in force on 1st April, 2024. Vide regulation

1(2)(a) of Legal Notice 275 of 2023.

penalties and consequences applicable to the commission of the same

offence whilst using or driving a motor vehicle.

(2)

The provisions of regulation 40 and the Sixth Schedule

of the Motor Vehicles (Driving Licences) Regulations and of articles

15A to 15I of the Traffic Regulation Ordinance shall also apply to the

use of electric kick scooters in the same way as they apply to the use of

motor vehicles, mutatis mutandis.