TRANSPORT ENFORCEMENT OFFICERS [ S.L.499.51 1 SUBSIDIARY LEGISLATION 499.51 TRANSPORT ENFORCEMENT OFFICERS REGULATIONS 1st September, 2008 LEGAL NOTICE 40 of 2008, as amended by Legal Notice 156 of 2009; Act XV of 2009; and Legal Notices 258 of 2011, 93 of 2014, 333 of 2017, 159 and 319 of 2022 and 115 of
- The title of these regulations is the Transport Enforcement Officers Regulations.
- In these regulations, unless the context otherwise requires: "the Authority" means the Authority for Transport in Malta established by the Authority for Transport in Malta Act; "arterial and distributor roads" means those roads listed in the Third Schedule of the Use of Animals and Animal-Drawn Vehicles on the Road Regulations; "Enforcement Officer" means any officer employed by the Authority acting pursuant to a delegation from the Authority; Citation. Amended by: XV. 2009.
- Substituted by: L.N. 258 of
- Interpretation. Amended by: XV. 2009.49; L.N. 258 of 2011; L.N. 93 of
- Cap.
- Amended by: L.N. 333 of 2017; L.N. 319 of
- S.L. 499.
- "motor vehicle" means any mechanically self-propelled vehicle intended for use on the road; "passenger transport vehicle" means a motor vehicle that is used or intended to be used for the purpose of carrying passengers for hire or reward and for the purpose of these regulations also includes taxi, motor vehicle for hire and karrozzin; "public passenger transport service" has the same meaning as assigned to it in the Passenger Transport Services Regulations; "Public Transport Officer" means any officer employed by the Authority acting pursuant to a delegation from the Authority specifically in relation to public passenger transport services; "road" means any national arterial, distributor, access and local access road and any other road to which the public has access, and includes bridges over which a road passes; "technical roadside inspection" means an inspection of a technical nature of a motor vehicle circulating in Malta and carried out unannounced on the road by the Authority; "vehicle" includes any carriage, karrozzin, animal drawn cart, car, motor-car, omnibus, bicycle, e-kickscooter or other means of transport of any class or description intended for the conveyance or carriage of persons, corpses or goods by road. S.L. 499.56 2 [ S.L.499.51 Employment of Enforcement Officers and Public Transport Officers. Amended by: XV. 2009.
- Cap.
- Cap.
- Cap.
- Amended by: L.N. 333 of
- S.L. 499.
- Cap.
- TRANSPORT ENFORCEMENT OFFICERS 3.
(1)The Authority may appoint Enforcement Officers to supervise and enforce traffic and transport laws and to operate any permanent or portable equipment or device used in the enforcement of such laws in conformity with the Traffic Regulation Ordinance, the Authority for Transport in Malta Act and the Motor Vehicles Registration and Licensing Act, the Motor Vehicles Insurance (Third Party Risks) Ordinance, and with any regulations issued under the said laws, and to perform such functions as the Authority may specify.
(2)The Authority may appoint Public Transport Officers to supervise and enforce the regulations regarding public passenger transport services in accordance with the Passenger Transport Services Regulations and the contract for the operation of public passenger transport services awarded by the Authority in terms of the Authority for Transport in Malta Act; and to operate any permanent or portable equipment or device used in the enforcement of such regulations and contract and to perform such functions as the Authority may specify. Uniform of Enforcement Officers and Public Transport Officers.
- Enforcement Officers shall wear such uniform as the Authority may determine and they may only act as Enforcement Officers and Public Transport Officers when they are wearing such uniform unless directed otherwise by the Authority. Identification tag. Amended by: L.N. 333 of
- The Authority shall provide to Enforcement Officers and Public Transport Officers an identification tag which shall be worn in a conspicuous place while carrying out their duties or functions under these regulations. Appointment of Manager and officials. Amended by: L.N. 333 of
- The Authority may also appoint a Manager or any other official who shall be entrusted with the general direction and supervision of Enforcement Officers and Public Transport Officers, and who shall also be vested with the same powers given to Enforcement Officers by regulation
- Power to demand and obtain details and to issue tickets. Amended by: L.N. 333 of
- 7.
(1)Enforcement Officers shall have the power to demand, obtain and note the particulars of any owner or driver of a vehicle and of any passenger in a vehicle in which the Enforcement Officer has reasonable grounds for believing that such person is committing or has committed an offence to which these regulations apply.
(2)Enforcement Officers shall have the power to order the alighting of any driver or passenger from any vehicle.
(3)Enforcement Officers shall also have the power to: (
- a)order the alighting or carrying of passengers from or on any passenger transport vehicle; (
- b)demand and obtain information from any passenger, owner or driver of a passenger transport vehicle, relating to the identity of such person or to details of any passenger transport vehicle or passenger transport service; (
- c)order any owner or driver of a passenger transport vehicle to discontinue any trip where any Enforcement Officer deems that such a measure is necessary in the TRANSPORT ENFORCEMENT OFFICERS [ S.L.499.51 3 interests of public order or safety; (
- d)give such other orders or directives to drivers of any passenger transport vehicle so as to ensure that they perform their duties in accordance with the laws and regulations relating to passenger transport services; (
- e)demand and note the particulars of any person who commits an offence relating to passenger transport, or otherwise hinders the proper operation of the public passenger transport system.
(4)Enforcement Officers shall have the authority to issue and hand over to the driver of, or affix to the windscreen of any vehicle which in their opinion was used in the commission of an offence or contravention against the regulations listed in the Schedule, a notice containing a general description of the offence or contravention and the applicable penalty and any other requirements as the Authority may prescribe. 8. Enforcement Officers shall have the power to stop any vehicle on the road, including vehicles registered in another country, and to carry out random technical roadside inspections thereon and inspections of all licences and other documents relating to such vehicle or licence relating to the driver. 9.
(1)Where it is found that a vehicle - (
- a)is defective and not roadworthy, Power to stop and inspect vehicles. Power to clamp and remove vehicles and encumbering objects. Amended by: L.N. 333 of 2017. (
- b)does not comply with the permissible load weights and dimensions as provided for in the Motor Vehicles (Weights, Dimensions and Equipment) Regulations, S.L. 65.21 (
- c)is carrying dangerous goods in breach of the Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations, S.L. 65.22 (
- d)is parked or left unattended in an area specifically indicated as a clamping or towing zone, (
- e)does not have a valid circulation licence issued by the Authority affixed to its windscreen, (
- f)has a circulation licence which has expired by more than one month to be reckoned from the last day of the month in the calendar year shown or indicated on the circulation licence affixed to the windscreen of that motor vehicle, (
- g)being a vehicle hired or leased from a vehicle hire undertaking licensed in another Member State which has been brought into Malta, is not in conformity with the provisions of the Registration and Licensing of Motor Vehicles Regulations, (
- h)being a motor vehicle bearing foreign registration plates, is not properly licensed for use on the roads in Malta, S.L. 368.02 4 [ S.L.499.51 TRANSPORT ENFORCEMENT OFFICERS (
- i)(
- j)Cap. 368. S.L. 65.13. is not in conformity with all relevant rules and regulations in order for such vehicle to be used on the roads in Malta, is on the road in breach of the Motor Vehicles Registration and Licensing Act and any regulations made thereunder, Enforcement Officers shall have the power to clamp or remove the said vehicle and to take all necessary actions in terms of the Clamping and Removal of Motor Vehicles and Encumbering Objects Regulations: Provided that for vehicles falling under paragraphs (a), (
- b)and (
- c)above, Enforcement Officers shall also have the power to issue a prohibition notice to prohibit the further use of the vehicle until the fault has been rectified and compliance with the regulations is achieved.
(2)Where a motor vehicle is found to be defective and not roadworthy, Enforcement Officers may also order the temporary withdrawal from the road of that vehicle, by having such vehicle towed or removed by such other means as are reasonable in the circumstances, for the purpose of an immediate submission to a road worthiness or other mechanical test.
(3)Enforcement Officers shall also have the power to: (
- a)remove any encumbering object or vehicle which is in a place or space which is not lawfully permitted to be used for such purpose, or which is obstructing the free course of traffic or which is in a place or space specifically indicated as a towing zone; (
- b)remove any encumbering object or vehicle which is causing any nuisance, inconvenience or obstruction in a bus terminus or on a bus stage or in a bus bay or in a bus lay-by or in an emergency lane or in a space reserved for the charging of electric vehicles or in a solar car port or on any stand reserved for passenger transport vehicles or in any other sites which, in terms of law, cannot be used for the parking of vehicles or the placing of any encumbering objects. Power to enter premises. 10. An Enforcement Officer may, at any time during the normal working day, enter any registered premises of an authorized public passenger transport operator or goods transport operator, or motoring school, or authorised vehicle testing station, and upon such entry shall be entitled to inspect vehicles, any records or certificates or copies thereof relating to vehicles’ roadworthiness tests, operators’ licences and any other docum ent s or such information as such Officer may reasonably require with respect to any of the said matters. TRANSPORT ENFORCEMENT OFFICERS 11. [ S.L.499.51 Public Transport Officers shall have the authority to: (
- a)carry out inspections on any motor route bus and report back to the Authority any encountered breaches of the regulations listed in Part 2 of the Schedule and of the contract for the operation of public passenger transport services awarded by the Authority in terms of the Authority for Transport in Malta Act; (
- b)order a driver of a motor route bus to stop working if in his opinion, the driver is not properly dressed; (
- c)hand over to the driver of, or affix to the windscreen of a motor route bus which in their opinion was used in the commission of an offence or contravention against the regulations listed in Part 2 of the Schedule or the contract for the operation of public passenger transport services awarded by the Authority in terms of the Authority for Transport in Malta Act or, where such offence or contravention has been committed by an officer or employee of the bus operator, hand over to such officer or employee, a notice containing a general description of the offence or contravention and the applicable penalty and any other requirements as the Authority may prescribe; Powers and duties of Public Transport Officers. Amended by: L.N. 258 of 2011; L.N. 93 of 2014. Substituted by: L.N.333 of 2017. Cap. 499. Cap. 499. (
- d)order any driver of a motor route bus to discontinue any scheduled trip where they deem that such a measure is necessary in the interests of public order or safety; (
- e)give such other orders or directives to drivers of any motor route bus so as to ensure that they perform their duties in accordance with the laws and regulations relating to public passenger transport service; (
- f)demand and note the particulars of any person who commits an offence or contravention relating to public passenger transport, or otherwise hinders the proper operation of the public passenger transport system; (
- g)demand and obtain from any passenger using the public passenger transport service proof that he has paid the applicable fare for that public passenger transport service; (
- h)demand and obtain from any passenger using the public passenger transport service payment of the fare and penalty fare, where due, or proof of such payment in the event that this has already been effected, to the driver or the motor route bus inspector; (
- i)demand and obtain from any passenger who refuses to pay the appropriate fare and/or the penalty fare information relating to his details for the purposes of taking legal action against that passenger in terms of the Passenger Transport Services Regulations; (
- j)carry out any inspections at workstations in order to ensure compliance with contractual requirements: 5 S.L. 499.56. 6 [ S.L.499.51 TRANSPORT ENFORCEMENT OFFICERS Provided that Enforcement Officers shall also be vested with the powers granted to Public Transport Officers in this regulation. Regulations that can be enforced by Enforcement Officers and Public Transport Officers. Substituted by: L.N.333 of 2017; L.N. 319 of 2022. 12. Enforcement Officers shall have the power to enforce the regulations listed in Part 1 of the Schedule in all roads and public areas and Public Transport Officers shall have the power to enforce the regulations listed in Part 2 of the Schedule: Obstruction and fines. Amended by: L.N. 333 of 2017. 13.
(1)When an Enforcement Officer or Public Transport Officer or any other official appointed by the Authority is carrying out duties or functions under these regulations, no person shall give any false or misleading details or make any false or misleading statement to the Enforcement Officer or Public Transport Officer or o t her off i c i a l, o r o th e r w is e w i lf u ll y h in d e r o r o bs tr u c t t he Enforcement Officer or official in the exercise of his powers or duties, or unduly interfere in the exercise thereof or in any manner w ha t s oe v e r, o r r e fu s e to co mp ly w it h any l a wf u l or der s o r directives which such Enforcement Officer or official may give in the execution of his powers or duties. Provided that Enforcement Officers shall also have the power to enforce the regulations listed in Part 2 of the Schedule..
(2)Whosoever shall hinder or obstruct any Enforcement Officer or any other official appointed by the Authority under these regulations in the exercise of his powers or duties, or unduly or in any manner whatsoever interfere in the exercise thereof, or refuse to comply with any orders or directives which such Enforcement Officer or Public Transport Officer or official may give in the execution of his powers or duties, shall, on conviction, be liable, and without prejudice to any higher punishment to which the offence may be liable under any other law, to a fine (multa) of not less than one hundred and twenty euro (€120) and not exceeding two hundred and fifty euro (€250) for a first conviction, and to a fine (multa) of not less than two hundred and fifty euro (€250) and not exceeding one thousand and two hundred euro (€1,200) for each subsequent conviction.
(3)Any person whose name or address is requested or demanded of him under these regulations and who refuses or fails to give such name or address, or gives a name or address which is false or misleading, shall be guilty of an offence and shall, upon conviction, be liable to a fine (multa) not exceeding one hundred and twenty euro (€120). TRANSPORT ENFORCEMENT OFFICERS [ S.L.499.51 SCHEDULE (Regulation 12) 7 Amended by: L.N. 156 of 2009. Substituted by: L.N.333 of 2017. Amended by: L.N. 159 of 2022; L.N. 319 of 2022; L.N. 115 of 2024. Part 1 Legislation which may be enforced by Enforcements Officers (
- a)Traffic Regulation Ordinance (Cap. 65); (
- b)Traffic Signs and Carriageway Markings Regulations (S.L. 65.05); (
- c)Motor Tractors Regulations (S.L. 65.08); (
- d)Motor Vehicles Regulations (S.L. 65.11); (
- e)Motor Vehicles (Wearing of Seat Belts) Regulations (S.L. 65.12); (
- f)Clamping and Removal of Motor Vehicles and Encumbering Objects Regulations (S.L. 65.13); (
- g)Motor Vehicles (Roadworthiness Tests) Regulations (S.L. 65.15); (
- h)Motor Vehicles (Driving Licences) Regulations (S.L. 65.18); (
- i)65.19); Motor Vehicles (Carriage of Goods by Road) Regulations (S.L. (
- j)Motor Vehicles (Weights, Dimensions and Equipment) Regulations (S.L. 65.21); (
- k)Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations (S.L. 65.22); (
- l)Micromobility Regulations (S.L. 65.32); (
- m)Low-Powered Vehicles and Pedal Cycles Regulations (S.L. 65.26); (
- n)Vehicle Access Zones (Control) Regulations (S.L. 65.31); (
- o)Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 104); (
- p)Motor Vehicles Registration and Licensing Act (Cap. 368); (
- q)368.02); Registration and Licensing of Motor Vehicles Regulations (S.L. 8 [ S.L.499.51 (
- r)499.32); TRANSPORT ENFORCEMENT OFFICERS Placing of Billboards and Advertising on the Road Regulations (S.L. (
- s)Light Passenger Transport Services and Vehicle Hire Services Regulations (S.L. 65.33); (
- t)Passenger Transport Services Regulations (S.L. 499.56); (
- u)New Roads and Road Works Regulations (S.L. 499.57); (
- v)Vehicle Hire Services Regulations (S.L. 499.58); (
- w)Taxi Services Regulations (S.L. 499.59); (
- x)Use of Animals and Animal-Drawn Vehicles on the Road Regulations (S.L. 499.66); (
- y)Micromobility Regulations (S.L. 499.67); (
- z)Light Passenger Transport Services and Vehicle Hire Services Regulations (S.L. 499.68). (
- aa)Parking Concessions for Persons with Disability Act (Cap. 560) Part 2 Regulations which can be enforced by Public Transport Officers Passenger Transport Services Regulations (S.L.499.56): regulation 68C (motor route buses may only be used to provide public passenger transport services), regulation 68D (applicability of regulations to motor route buses), regulation 68E (duties of drivers of motor route buses), regulation 68F (stopping places for motor route buses), regulation 68G (payment of fare), regulation 68I (behaviour of motor route bus passenger), regulation 68J (animals), regulation 68K (surveillance camera), regulation 68L (internal lighting) and regulation 68M (bus stops).