DRUG DRIVING TESTING REGULATIONS

SUBSIDIARY LEGISLATION 65.34

DRUG DRIVING TESTING REGULATIONS

10th March, 2026

LEGAL NOTICE 55 of 2026.

The title of these regulations is the Drug Driving Testing

Regulations.

(regulation 3(1))

The following is the list of approved devices which may be

utilised by a Police officer for the carrying out of the preliminary oral

fluid drug test

Securetec DrugWipe 5S Drug Test

Securetec DrugWipe 6S Drug Test

Securetec WipeAlyser

(1)

In these regulations, unless the context otherwise

requires

"competent authority" shall have the same meaning

assigned to it in regulation 2 of 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;

"confirmatory test" shall have the same meaning

assigned to it in article 15I of the Ordinance;

"controller" shall have the same meaning assigned to it in

regulation 2 of 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;

"oral fluid drug test" shall have the same meaning

assigned to it in article 15I of the Ordinance;

"Ordinance" means the Traffic Regulation Ordinance;

"preliminary test" shall have the same meaning assigned

to it in article 15I of the Ordinance;

"processor" shall have the same meaning assigned to it in

regulation 2 of 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.

(2)

Unless the context otherwise requires, words and phrases

used in these regulations which are not defined in this regulation shall

have the same meaning as is assigned to them in the Ordinance.

(regulation 3(2) and 7(1))

The following is the list of approved laboratories for the

carrying out of the confirmatory test referred to in regulation 3(2) and

other confirmatory analysis referred to in regulation 7

Forensic Analysis Laboratory (located at the Department of

Chemistry – University of Malta);

Any other laboratory under the authority of the Ministry

responsible for Health.

(1)

For the purpose of carrying out the oral fluid drug

test referred to in the Ordinance, the test shall be carried out at the

roadside by a Police officer on the person suspected of committing an

offence under the Ordinance or the person referred to in article 15CA

of the Ordinance, by means of an approved device as established in the

First Schedule, which shall be referred to as the preliminary test.

(2)

If the preliminary test produces a positive result for drugs,

a subsequent specimen of oral fluid or blood shall be obtained from the

person suspected of committing an offence under the Ordinance or the

person referred to in article 15CA of the Ordinance, and referred for

confirmatory analysis to a laboratory approved for this purpose under

the Second Schedule, which shall be referred to as the confirmatory

test.

(1)

When a person, after taking the preliminary test,

results positive for Delta-9-tetrahydrocannabinol (THC(cannabis)), he

shall be arrested and required to provide a blood specimen in

accordance with the procedure established in this regulation and in the

standard operating procedures issued or approved by the Police.

(2)

A blood specimen may be taken from a person arrested

only if his consent is given.

(3)

A Police officer who shall not be below the rank of a

Sergeant, shall before requesting the person’s consent, inform the

person about

(a)

the nature of the request and the reasons thereof;

(b)

the consequences of giving his consent and of

refusing consent as provided in sub-regulation (8); and

(c)

the right to consult a lawyer or legal procurator

before deciding whether to give his consent or otherwise.

(4)

If the person is incapable of consenting to give a blood

specimen, and such person was reasonably suspected to be involved in

a serious traffic accident, a Police officer who shall not be below the

rank of Inspector, shall request a Magistrate in writing, without undue

delay, to authorise the taking and the analysis of a blood specimen

Provided that the provisions of this sub-regulation shall

also apply mutatis mutandis in case of oral fluids.

(5)

The arrested person required to give a blood specimen

shall be entitled to consult a lawyer or legal procurator before deciding

whether to give his consent or otherwise.

(6)

When the arrested person required to give a blood

specimen, requests to consult a lawyer or legal procurator in

accordance with sub-regulation (5), the Police shall record the fact, the

date and time of the request and shall allow the person arrested to

consult with a lawyer or legal procurator for such time as is appropriate

in the circumstances, which time shall not exceed two (2) hours from

the last occurrence that the said person was driving, attempting to drive

or is in control of a motor vehicle or other vehicle on the road or other

public place.

(7)

When the person arrested has requested to consult a

lawyer or legal procurator, his consent for the taking of a blood

specimen may only be requested after such consultation has taken

place.

(8)

When the appropriate consent for the taking of a blood

specimen from the person arrested was refused without a valid reason,

in any proceedings against the person for an offence, the Court may

draw such inferences from the refusal as appear appropriate and the

refusal, on the basis of such inferences, may be treated as or as capable

of amounting to corroboration of any evidence against the person in

relation to whom the refusal is material.

For the purposes of these regulations, all drug tests shall

be carried out in accordance with the standard operating procedures

issued or approved by the Police, as may be amended from time to

time, and which shall be binding.

A specimen of oral fluid shall be provided at the place

stipulated by the Police officer carrying out the preliminary test, or at a

Police station, health centre, or hospital.

(1)

The analysis of any specimen referred to in article

15E(1) of the Ordinance shall take place at a laboratory approved for

this purpose listed under the Second Schedule.

(2)

A Police officer may request the provision of a specimen

or specimens of blood from a person suspected of having committed

an offence under the Ordinance or the person referred to in article

15CA of the Ordinance, which shall be carried out by a medical

practitioner or a medical professional and in accordance with the

procedure laid down in regulation 4. Such specimen or specimens shall

be provided at a Police station, health centre or hospital.

(3)

A Police officer may request the provision of two (2)

specimens of urine from a person suspected of having committed an

offence under the Ordinance or the person referred to in article 15CA

of the Ordinance. Such specimen or specimens shall be provided at a

Police station, health centre or hospital.

(4)

The two (2) specimens of urine referred to in sub-

regulation (3) shall be provided with an interval of one (1) hour

between them, and the later specimen shall be utilised for laboratory

analysis.

If the confirmatory laboratory analysis from any of the

provided specimens referred to in article 15E(1) of the Ordinance

detects a positive result for drugs, or in the case of Delta-9-

tetrahydrocannabinol (THC), identifies a level above the prescribed

levels, as established in article 15CD of the Ordinance, the person

subjected to the test shall be guilty of an offence under the Ordinance

and shall be liable for the punishment established in article 15H of the

Ordinance.

(1)

Any processing of personal data in relation to an

oral fluid drug test, blood test or urine test that is conducted in

accordance with the Ordinance or these regulations shall be processed

by the competent authority if it is strictly necessary for the purposes of

prevention, investigation, detection or prosecution of offences in

accordance with the Ordinance.

(2)

The processing of special categories of personal data for the

purposes established in sub-regulation (1) shall fully comply with 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 and the fundamental rights and freedoms of the data

subjects.

(3)

The controller, taking into account the nature, scope,

context and purposes of processing as well as the risks of varying

likelihood and severity for the rights and freedoms of the concerned

persons, shall implement appropriate technical and organisational

measures, in an effective manner and to integrate the necessary

safeguards into the processing, in order to protect the rights of the data

subjects.

(4)

The processing of personal data for the purposes

established in sub-regulation (1) shall be kept in a form which permits

identification of data subjects for not longer that is necessary for the

purposes for which such data are processed.

(5)

The controller shall ensure that the physical and, or

electronic access to the personal data processed for the purposes of

these regulations shall be strictly granted to personnel authorised by the

controller.

(6)

Where the processing is to be carried out by the processor

on behalf of the controller, the controller shall only use processors

providing sufficient guarantees to implement appropriate technical and

organisational measures.

(7)

The controller shall ensure that the processing conducted

by the processor is governed by a contract, that is binding on the

processor with regard to the controller. The contract shall contain the

requirements as established in regulation 22(3) of 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.

(8)

The data protection officer of the Police shall be involved

and consulted properly and in a timely manner on all matters in

relation to the protection of personal data for the purpose of these

regulations.