MOTOR VEHICLES (EXCHANGE OF DATA) [ S.L.499.62 1 SUBSIDIARY LEGISLATION 499.62 MOTOR VEHICLES (EXCHANGE OF DATA) REGULATIONS 22nd August, 2014 LEGAL NOTICE 286 of 2014, as amended by Legal Notice 169 of
- The title of these regulations is the Motor Vehicles (Exchange of Data) Regulations.
- In these regulations "the Act" means the Authority for Transport in Malta Act; "the Authority" means the Authority for Transport in Malta established under the Act; Citation. Interpretation. Amended by: L.N. 169 of
- Cap.
- "automated search" means an online access procedure for consulting the database of a competent authority; "competent authority" means an authority which shall have the power to access the database of vehicle registration of a national contact point in another Member State for the purpose of the provisions of the Directive and of Council Decision 2008/615/JHA; "Council Decision 2008/615/JHA" means Council Decision 2008/615/JHA of 23 June, 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime; "Council Decision 2008/616/JHA" means Council Decision 2008/615/JHA of 23 June, 2008 on the implementation of Council Decision 2008/615/JHA; "data" means any information which is mandatory under Annex I to the Directive and Chapter 3 of the Annex to Council Decision 2008/616/JHA and which is required for the identification of a motor vehicle and its owner or holder or operator; "the Directive" means Directive 2015/413/EU of the European Parliament and of the Council of 11 March, 2015 facilitating the cross-border exchange of information on road safety related traffic offences, as may be amended; "European Union" has the meaning assigned to it in the European Union Act; Cap.
- "holder of the vehicle" means the person in whose name a vehicle is registered; "local enforcement agencies" means the Police or the local enforcement system; "local enforcement system" shall include community officers operating in the context of the community officers services as defined by article 2 of the Private Guards and Community Officers Act, and any other service provider involved in the management of the local enforcement system; "Member State" means a Member State of the European Union; Cap.
- 2 [ S.L.499.62 MOTOR VEHICLES (EXCHANGE OF DATA) "national contact point" means a competent authority designated for the exchange of vehicle registration data; National contact points. "scheduled road traffic offence" means any of the road traffic offences listed in the Schedule. 3.
(1)The Authority is designated as the national contact point for incoming requests for the supply of data pursuant to Article 4
(1)of the Directive and also for incoming requests for the supply of data pursuant to Article 12
(1)of Council Decision 2008/ 615/JHA.
(2)The Authority and the local enforcement agencies are designated as the national competent authorities for outgoing requests to the national contact points in other Member States pursuant to Article 4
(2)of the Directive.
(3)The Police and the Authority are designated as the national competent authorities for outgoing requests pursuant to Article 12
(1)of Council Decision 2008/615/JHA. Power to access data. 4.
(1)The Authority shall allow its vehicle registration database to be accessed by national contact points or competent authorities in other Member States to conduct automated searches to obtain data on vehicles and on their holders or owners or operators pursuant to Article 4
(1)of the Directive or pursuant to Article 12
(1)of Council Decision 2008/615/JHA.
(2)The local enforcement agencies shall have the power to access the vehicle registration database in another Member State for the purpose of obtaining vehicle and vehicle ownership data in respect of a vehicle involved in any of the road safety related traffic offences listed in the Schedule while that vehicle was being used in Malta.
(3)The Police and the Authority shall have the power to access the vehicle registration database in another Member State for the purpose of obtaining data on vehicles and their owners or operators pursuant to Article 12
(1)of Council Decision 2008/615/JHA.
(4)The data to be provided, or obtained, on the vehicle and on the holder or owner or operator of the vehicle shall be in compliance with Annex I to the Directive or the data specified in Chapter 3 of the Annex to Council Decision 2008/616/JHA, as the case may be. Protection of data obtained. S.L.586.08. 5.
(1)Data obtained by a competent authority in Malta from a national contact point in another Member State or data obtained by a competent authority in another Member State from the national contact point in Malta through automated searches shall not be used for any reason other than to establish the identity of the owner or holder of a vehicle involved in a scheduled road traffic offence or to establish the identity of the owner or operator of a vehicle for the purposes of Article 12 of Council Decision 2008/615/JHA.
(2)Any personal data processed under these regulations shall be processed and used in accordance with the provisions of the Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution MOTOR VEHICLES (EXCHANGE OF DATA) [ S.L.499.62 of Criminal Offences or the Execution of Criminal Penalties) Regulations and Chapter 6 of Council Decision 2008/615/JHA.
(3)A person who is the owner or holder or operator of a vehicle which is registered with the Authority whose details have been obtained by a competent authority in another Member State in terms of these regulations, may request and shall be given by the Authority, information on personal data transmitted to that State, including the date of the request for such data by the competent authority of that State and the name of the said competent authority. Such request by the data subject shall be submitted in accordance with article 16 of the Data Protection Act.
(4)Where a data subject suffers damage as a result of unlawful processing of data he shall be entitled to exercise an action for damages in accordance with article 30
(2)of the Data Protection Act.
(5)Data obtained under these regulations shall not be kept for more than two years by any of the competent authorities obtaining such data. Cap. 586. Cap. 586. 3 [ S.L.499.62 4 MOTOR VEHICLES (EXCHANGE OF DATA) SCHEDULE (Regulation 2) Road safety related traffic offences covered by the Directive and relative provisions in national legislation: (
- a)Offence speeding (
- b)non-use of seat-belt (
- c)failing to stop at a red traffic light drink-driving (
- d)(
- e)(
- f)driving under the influence of drugs failing to wear a safety helmet (
- g)use of a forbidden lane (
- h)illegally using a mobile telephone or any other communication devices while driving Legislation regulation 127 of the Motor Vehicles Regulations (S.L.65.11); Second Schedule to the Traffic Regulation Ordinance (Cap.65) regulations 3 and 4 of the Motor Vehicles (Wearing of Seat Belts) Regulations (S.L.65.12) regulation 125
(2)and
(3)of the Motor Vehicles Regulations (S.L.65.11) articles 15A, 15B
(1)and 15H of the Traffic Regulation Ordinance (Cap.65) articles 15A and 15H of the Traffic Regulation Ordinance (Cap.65) regulation 123 of the Motor Vehicles Regulations (S.L.65.11) and regulations 10 and 21 of the LowPowered Vehicles and Pedal Cycles Regulations (S.L.65.26) regulation 90
(4)of the Motor Vehicles Regulations (S.L.65.11) regulation 115 of the Motor Vehicles Regulations (S.L.65.11)