MOTOR TRACTORS REGULATIONS

SUBSIDIARY LEGISLATION 65.08

MOTOR TRACTORS REGULATIONS

14th May, 1979

LEGAL NOTICE 50 of 1979, as amended by Legal Notices: 61 of 1979,

62 of 1981, 4 of 1985, 45 of 1993, 135 of 1998, 82 and 406 of 2003, and

408 of 2007.

The title

of

these

regulations

is

Motor

Tractors

Regulations.

(Regulation 17)

Fees payable in connection with the removal and storage of

commercial vehicles, heavy commercial vehicles, motor tractors,

trailers or containers

(i) for the use of any towing, lifting or other

equipment ......................................................... €23.29

(ii) for the towing of the vehicle or other thing

removed to the place of storage, for every

kilometre or part thereof ................................... €11.65

(iii) for the storage of the vehicle or other thing

removed, for every day or part thereof ............... €6.99

In

these

regulations,

unless

the

context

otherwise

requires -

"Customs area or station" means any area designated as a

Customs area or as a Customs station by the Comptroller of

Customs;

" c o n t a i n e r " m e a n s a n y t r a n s p o r t e q u ip m e n t i n t e n d e d f o r

containing goods imported into or exported out of Malta, and which

shall be of not less than one cubic metre capacity, and includes a

movable tank or any similar structure of the same capacity;

"groupage consignment" means a consolidated consignment of

goods carried on any trailer, heavy commercial vehicle or any other

commercial vehicle loaded with a container and destined for more

than one consignee;

"trailer" means any vehicle without mechanical power of its own

designed to be drawn by a motor vehicle and intended for the

purpose of the carriage of goods and is of a carrying capacity of

over three tonnes, when such goods are being carried following

importation or for the purpose of exportation;

"Commissioner" means the Commissioner of Police and

includes, other than in regulations 6, 7, 10 and 12, any police

officer authorised by him to act on his behalf;

"motor tractor" means any motor vehicle which is not

constructed in such a manner as to carry itself any load, but is

intended for towing any trailer;

"motor vehicle" has the same meaning as is assigned to it in the

Motor Vehicles Regulations;

"commercial vehicle" means any motor vehicle constructed or

adapted for use for towing or for the carriage of goods or burden of

any kind or description of less than nine metres in over-all length;

"heavy commercial vehicle" means any commercial vehicle

constructed or adapted for the towing or for the carriage of goods

or burden of any kind or description of not less than nine metres in

overall length, and includes any motor tractor intended for the

towing of any trailer the carrying capacity of which exceeds ten

tonnes, and any mobile concrete mixer the capacity of which

exceeds twenty tonnes.

No motor tractor and no trailer, in either case if owned or

operated by a person normally residing in Malta, shall be on the

road unless it is registered with the Commissioner and is covered

by a licence issued by him.

(1) The Commissioner shall not register nor license any

motor tractor, trailer, commercial vehicle or heavy commercial

vehicle unless he is satisfied that such tractor, trailer, commercial

vehicle or heavy commercial vehicle, as the case may be, is of the

specifications required by international standards and is certified as

being mechanically and structurally fit by an engineer approved for

the purpose by the Commissioner.

(2) If at any time it shall come to the knowledge of the

Commissioner that the tractor, trailer, commercial vehicle or heavy

commercial vehicle does no longer comply with any of the

conditions referred to in sub-regulation (1) of this regulation, the

Commissioner shall withdraw the relative licence.

No motor tractor, no trailer, no commercial vehicle and no

heavy commercial vehicle shall be allowed to be landed in Malta

unless it carries a certificate of ownership containing the engine

number (where applicable), the chassis number, the gross laden

weight, the axle weight and such other particulars as the

Commissioner may, from time to time, require.

(1) No motor tractor and trailer and no heavy commercial

vehicle shall be allowed to be driven on any road in Malta if its

overall length exceeds eighteen metres, or if its total gross laden

weight exceeds thirty-two tonnes, in the case of vehicles with three

or more axles or twenty-five tonnes in the case of vehicles with less

than three axles

Provided that the Commissioner may, in exceptional cases

and on good grounds being shown, allow a vehicle of a higher total

gross laden weight to be driven on the roads of Malta on such

conditions as he may deem fit to impose.

(2) If any member of the Police Force shall have a reasonable

cause to suspect that the gross laden weight of any motor tractor

and trailer or of any heavy commercial vehicle exceeds the weight

established in accordance with sub-regulation (1) of this regulation,

he may stop and examine such motor tractor and trailer or heavy

commercial vehicle and may direct the driver of such vehicle to

have the vehicle weighed at the Customs Weigh Bridge, and if the

weight of the motor tractor and trailer, or of the heavy commercial

vehicle proves at such weighing to exceed the weight established in

accordance with sub-regulation (1) of this regulation, the owner

and the driver thereof shall, without prejudice to any criminal or

other liability, be liable in solidum to pay to the Commissioner of

Police, for such weighing a sum equivalent to the fees established

in accordance with the Fees (Customs Weighers) Regulations, for

the weighing under the said regulations of the vehicles of the type

referred to in this regulation.

No heavy commercial vehicle, tractor with attached trailer

or any other commercial vehicle while loaded with a container shall

be driven on any road other than on a road bearing a sign allowing

transit of any such vehicle

Provided that the Commissioner may, in exceptional cases

and on good grounds being shown, grant exemption from the above

provision on such conditions as he may deem fit to impose, and, in

any such case, it shall be escorted by the Police at the expense of

the owner thereof.

(1) The owner of any motor tractor, trailer, commercial

vehicle or heavy commercial vehicle shall be responsible for any

damage caused by the presence of such vehicle on the road.

(2) Any such vehicle shall not be allowed to be on the road in

Malta or to be landed in Malta, as the case may be, unless it is

covered by an insurance against any damage caused to a third party.

(3) No policy of insurance shall be accepted as valid for the

purposes of this regulation unless the insurers are lawfully

represented in Malta.

Saving the provision of regulation 5, motor tractors,

trailers, commercial vehicles and heavy commercial vehicles

landed in Malta in transit only shall not be required to be registered

with and licensed by the Commissioner, unless they are based in

Malta and are operating therefrom.

No person shall be allowed to operate as road haulier

abroad from Malta unless he owns not less than two motor tractors

and two trailers but not more than twenty motor tractors and twenty

trailers or unless he forms part of a company, association or co-

operative society which owns, in each case, not less than ten motor

tractors and ten trailers

Provided that the Commissioner may, in his discretion,

grant an exemption from the provisions of this regulation.

(1) No person shall drive in Malta any tractor, whether

with or without an attached trailer, or any commercial vehicle or

heavy commercial vehicle unless he is in possession of the relative

licence issued by the Commissioner in accordance with the

provisions of the Motor Vehicles Regulations.

(2) The provision of sub-regulation (1) of this regulation shall

not apply in the case of a person holding a driving licence issued by

t he c o m p e t e n t a u th o r i t y o f a c o u nt r y w h i c h i s a p a r t y t o a

convention or other international agreement or arrangement, to

which Malta is also a party, covering the recognition of such

driving licences.

No person shall stop, whether temporarily or otherwise,

and leave unattended, or shall park any motor tractor and/or trailer

or any heavy commercial vehicle or other commercial vehicle

loaded with a container or leave a container in any road, yard, area

or open space whether enclosed or otherwise other than in an

authorised parking place or at an authorised container storage

depot

Provided that the Commissioner may in exceptional cases,

in any particular case, and under such conditions as he may deem

fit to impose, grant an exemption from this provision

Provided further that the Commissioner may also issue a

licence for empty containers to be parked or stacked in factory

grounds, whether privately owned or otherwise, as specified in

such licence, under such conditions as he may deem fit to impose.

(1) No person shall stop at any place any trailer, any

heavy commercial vehicle, or any other commercial vehicle loaded

with a container, for the purpose of loading and/or unloading

except at such place and during such time as shall be established by

the Commissioner.

(2) No person shall unload a groupage consignment except at

such place and during such time as shall be established by the

Commissioner.

No person shall park in any parking place any motor tractor

and/or trailer, any heavy commercial vehicle or other commercial

vehicle loaded with a container nor keep containers at any

authorised container storage depot unless he is specially authorised

to do so by the Commissioner under such conditions as the

Commissioner may deem fit to impose.

No motor tractor, trailer, heavy commercial, vehicle or

other commercial vehicle loaded with a container, whether the

trailer or commercial vehicle is loaded or otherwise, shall leave the

authorised parking place, nor shall any container leave the storage

depot except for loading and shipment, without the permission of

the Commissioner.

Every container loaded on a trailer or on any commercial

vehicle shall be secured to the satisfaction of the Commissioner.

(1) Without prejudice to any other liability that may be

incurred by the offender, the Commissioner shall have power to

remove any commercial vehicle, any heavy commercial vehicle,

any motor tractor, any trailer or any container obstructing or

otherwise causing any nuisance or inconvenience in any street,

road, quay, wharf or other public place in contravention of

regulation 12, 13, 14 or 15.

(2) The commercial vehicles, heavy commercial vehicles,

motor tractors, trailers or containers removed by the Commissioner

in accordance with sub-regulation (1) of this regulation shall be

stored in such place as may be determined by the Commissioner,

and shall only be released to the owner or such other person

showing that he is entitled to receive such commercial vehicle,

heavy commercial vehicle, motor tractor, trailer or container upon

payment to the Commissioner of the fee in connection with the

removal and storage thereof as shown in the Schedule to these

Regulations.

(3) The Commissioner shall not be responsible for any damage

that may reasonably arise in connection or consequent to the

removal and storage of any motor vehicle or other thing removed in

accordance with this regulation.

Any motor tractor, any trailer and any commercial vehicle

shall be subjected to an annual test by the Commissioner and to

such other tests as the Commissioner may, from time to time,

determine.

Any person who acts in contravention of any of these

Regulations shall be deemed to have so acted without being in

possession of the of the relative licence issued by the

Commissioner.

20. Deleted by L.N. 406 of 2003.

(1) The }al Far Container Depot shall be an authorised

parking place and a container storage depot for the purpose of these

regulations.

(2) The Hal Far Groupage Complex shall be an authorised

place for the unloading of groupage consignments.