[ S.L. 65.34] DRUG DRIVING TESTING SUBSIDIARY LEGISLATION 65.34 DRUG DRIVING TESTING REGULATIONS 10th March, 2026 LEGAL NOTICE 55 of
- The title of these regulations is the Drug Driving Testing Regulations. Citation.
- requires: Interpretation.
(1)In these regulations, unless the context otherwise "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; S.L. 586.
- "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; S.L. 586.
- "oral fluid drug test" shall have the same meaning assigned to it in article 15I of the Ordinance; "Ordinance" means the Traffic Regulation Ordinance; Cap.
- "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. S.L. 586.08.
(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. 3.
(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 Carrying out of oral fluid drug tests. 1 2 [ S.L. 65.34] DRUG DRIVING TESTING 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. Taking of blood specimen for cannabis testing. 4.
(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 DRUG DRIVING TESTING [ S.L. 65.34] 3 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. Conduct applicable for all drug tests.
- 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. Place where an oral fluid specimen shall be provided. 7.
(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. Analysis of oral fluid, blood or urine specimen.
(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 subregulation
(3)shall be provided with an interval of one
(1)hour between them, and the later specimen shall be utilised for laboratory analysis. 8. 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-9tetrahydrocannabinol (THC), identifies a level above the prescribed levels, as established in article 15CD of the Ordinance, the person Positive result following confirmatory analysis. 4 [ S.L. 65.34] DRUG DRIVING TESTING 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. Data protection considerations. 9.
(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. S.L. 586.08.
(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. S.L. 586.08.
(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. DRUG DRIVING TESTING [ S.L. 65.34]
(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. FIRST SCHEDULE (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 SECOND SCHEDULE (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. 5