📄 Legal text
[CAP. 65.
T R A F F I C R EG U L AT I O N
1
CHAPTER 65
TRAFFIC REGULATION ORDINANCE
To make provision for the regulation of traffic, and to grant certain
powers to provide public service vehicles, and for other purposes
connected therewith.
31st March, 1931
ORDINANCE X of 1931, as amended by Ordinances: XV of 1931, XXIII
of 1935, XXVI of 1938, LIII of 1939 and XV of 1946; Acts: XXXVII of 1949
and XXVI of 1956; Emergency Ordinance VI of 1958; Ordinance XXV of
1962; Legal Notices: 4 of 1963 and 46 of 1965; Acts: XVI of 1969, II of
1972, XVII and XXXIV of 1974, and XLI of 1975; Legal Notice 148 of
1975; and Acts: XLI of 1976, XXXV and XL of 1977, XXVII of 1980, XV of
1981, VI of 1982, XII1 of 1983, XII of 1984, XLII of 1986 and VIII of 1990;
Legal Notice 162 of 1990; and Acts XII and XXIV of 1995, XXXI of 1997
and VI of 1998. And, in regard to the Schedule, by Resolutions passed by
the Council of Government on the 12th March, 1940, and on the 16th
December, 1941, and published by Govt. Notice No. 114 of 26th March,
1940, and Government Notice No. 578 of 23rd December, 1941,
respectively; Act XV of 1946; Government Notice No. 18 of 1947; Acts:
XXXVII of 1949, XXXIV of 1974, XLI of 1975, XXXV and XL of 1977,
XXVII of 1980, XV of 1981, VII and XIII of 1983, XXXI of 1997, VI of 1998,
IX and XXIII of 2000, VI and XXVII of 2001, III of 2002, and XXII of 2005;
Legal Notice 408 of 2007; and Acts XIII of 2007, XV and XXIII of 2009, VII
and XI of 2010, V of 2011, XXIV of 2014 and XV of 2016,and XIV of 2017,
XV of 2023 and II of 2026.
1.
The short title of this Ordinance is Traffic Regulation
Ordinance.
2.
In this Ordinance -
the word "animal" means any horse, mule or donkey, when used
for the conveyance or carriage of persons, corpses or goods;
the words "Authority" and "Authority for Transport in Malta"
mean the Authority for Transport in Malta established under article
5 of the Authority for Transport in Malta Act;
the words "electric kick scooter'' or ''e-kickscooter'' means a stand-up
device that has a handlebar, a deck and small hard wheels powered by an
electric motor and which also allows for human propulsion;
"high occupancy vehicle" means a vehicle which, at the time of
use, is carrying three or more passengers (including the driver);
" M e m b e r St a t e " m e a n s a M e m b e r St a t e o f t h e E u r o p e a n
Economic Area;
the words "M1 motor vehicle" mean a vehicle used for the
carriage of passengers and comprising no more than eight seats in
addition to the driver’s seat;
The words "M2 motor vehicle" mean a vehicle used for the
carriage of passengers, comprising more than eight seats in
addition to the driver ’s seat, and having a maximum mass not
exceeding 5 tonnes;
the words "M3 motor vehicle" mean a vehicle used for the carriage
Short title.
Interpretation.
Amended by:
XXVI. 1956.2;
XXV. 1962.2;
XL. 1977.2:
VI. 1982.2;
L.N. 162 of 1990;
XXIII. 2000.30;
XXIII. 2009.23;
XV. 2009.49;
V. 2011.3;
XV. 2016.10;
XV.2023.2;
II.2026.3.
Cap. 499.
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CAP. 65.]
T RA FF I C RE G U L AT I ON
of passengers, comprising more than eight seats in addition to the
driver’s seat, and having a maximum mass exceeding 5 tonnes;
the word "Minister" means the Minister responsible for
transport;
the words "motor bus" mean any motor vehicle, capable of
carrying more than seven passengers, used against payment for the
conveyance of passengers;
the words "motor cycle" mean any two-wheeled vehicle, with or
without a sidecar, fitted with an engine having a cylinder capacity of
more than 50cm3 if of the internal combustion type and, or having a
maximum design speed of more than 45km/h, and including a motor
tricycle;
the words "motor vehicle" mean any vehicle propelled by
mechanical power and includes a motorcycle, an e-kickscooter and, or
a moped;
S.L. 65.33.
S.L. 499.68.
the words "motor vehicle for hire" mean a motor vehicle which is
registered and licensed to be hired or leased from a vehicle hire
services operator, and for the purpose of being driven by such hirer
or lessee in accordance with the Light Passenger Transport Services
and Vehicle Hire Services Regulations;
the words "N1 motor vehicle" mean a vehicle used for the
carriage of goods and having a maximum mass not exceeding 3.5
tonnes;
the words "N2 motor vehicle" mean a vehicle used for the
carriage of goods and having a maximum mass exceeding 3.5
tonnes but not exceeding 12 tonnes;
the words "N3 motor vehicle" mean a vehicle used for the carriage
of goods and having a maximum mass exceeding 12 tonnes;
the word "owner" means the person in whose name a motor
vehicle is licensed;
Cap. 499.
Cap. 499.
the words "public transport" have the same meaning given to
them by article 2 of the Authority for Transport in Malta Act;
the words "public transport vehicle" have the same meaning
given to them by article 2 of the Authority for Transport in Malta
Act;
" T r e a t y " m e a n s t h e Tr e a t y e s t a b l i s h i n g t h e E u r o p e a n
Community;
the word "vehicle" includes any carriage, karrozzin, animal
drawn cart, car, motor vehicle, omnibus, motor cycle, moped, ekickscooter, bicycle or other means of transport of any class or
description intended for the conveyance or carriage of persons,
corpses or goods:
Provided that no provision of this Ordinance or of any
regulation made thereunder shall apply to any animal drawn vehicle
unless the Minister makes regulations extending such provisions to
be applicable thereto:
T R A F F I C R EG U L AT I O N
[CAP. 65.
Provided further that unless otherwise stated in this Act,
the definitions in the Services (Internal Market) Act shall apply;
3
Cap. 500.
"vehicles on priority duties" includes any fire engines, ambulances,
salvage and rescue vehicles, police vehicles, prison vehicles and other
motor vehicles on priority duty as permitted by the Authority.
3. (1) With a view to protecting the public against the risks
which arise in cases where the drivers of motor vehicles are
suffering from excessive fatigue, the Minister on the advice of the
Authority for Transport in Malta may make orders prescribing the
continuous periods for which any person may drive or cause or
permit any person employed by him or subject to his orders to drive
any class of motor vehicle which may be specified in any such
order.
(2) Any order made under this article may be revoked or varied
by a subsequent order.
(3) Any person who acts in contravention of any order made by
the Minister under this article shall, on conviction, be liable to a
fine (multa) not exceeding forty-six euro and fifty-nine cents
(46.59):
Power of Minister
to make orders
limiting period of
work by drivers of
motor vehicles.
Added by:
XXVI. 1938.2.
Amended by:
VI. 1958.2;
XXV. 1962.2;
L.N. 4 of 1963;
XIII. 1983.5;
L.N. 162 of 1990;
XXIII. 2000.30;
L.N. 408 of 2007;
XV. 2009.49;
V. 2011.3.
Provided that it shall be a valid defence to any charge under
this article if the person charged proves to the satisfaction of the
court that the contravention was due to unavoidable delaying the
completion of any journey, arising out of circumstances which he
could not reasonably have foreseen.
4.
Repealed by: XXIII. 2000.30.
5.
Repealed by: V. 2011.4.
Establishment of
routes.
Amended by:
L.N. 4 of 1963.
Substituted by:
XVI. 1969.2.
Amended by:
L.N. 162 of 1990;
XXIII. 2000.30;
XV. 2009.49.
6.
Repealed by: V. 2011.4.
Vehicles to ply
under exclusive
management of
persons to whom
service is allotted.
Amended by:
L.N. 162 of 1990;
XXIII. 2000.30;
XV. 2009.49.
Appointment of
Traffic Control
Board.
Substituted by:
XXVI. 1956.3.
Amended by:
VI. 1958.2;
XXV. 1962.2;
L.N. 46 of 1965;
L.N. 162 of 1990;
IX.2000.5.
Repealed by:
XXIII. 2000.30.
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T RA FF I C RE G U L AT I ON
Withdrawal subject
to re-issue of
licences.
Amended by:
L.N. 162 of 1990;
XXIII. 2000.30;
XV. 2009.49.
7.
Repealed by: V. 2011.4.
Appointment of
traffic inspectors.
Substituted by:
XLI.1975.2.
Amended by:
L.N. 162 of 1990;
XXIII. 2000.30;
XV. 2009.49.
8.
Repealed by: V. 2011.4.
Interference with
the duties of traffic
inspectors.
Amended by:
XIII.1983.5;
XXIII. 2000.30;
L.N. 408 of 2007.
9.
Repealed by: V. 2011.4.
Inciting persons to
commit breach of
contract.
Added by:
XV. 1931.2.
Amended by:
XIII. 1983.5;
L.N. 162 of 1990;
XXIII. 2000.30;
L.N. 408 of 2007;
XV. 2009.49.
10.
Repealed by: V. 2011.4.
Refusal to give
name to traffic
inspectors, etc.
Substituted by:
XLI. 1975.3.
Amended by:
XIII. 1983.5;
XXIII. 2000.30;
L.N. 408 of 2007.
11.
Repealed by: V. 2011.4.
Prohibition of
smoking on route
motor buses.
Added by:
XLI. 1976.2.
12.
Repealed by article 20 of Act XLII of 1986.
Power of Authority
for Transport in
Malta to allow
extra buses etc., to
ply on certain
routes.
Amended by:
L.N. 162 of 1990;
XXIII. 2000.30;
XV. 2009.49.
13.
Repealed by: V. 2011.4.
T R A F F I C R EG U L AT I O N
14.
[CAP. 65.
Repealed by: V. 2011.4.
15. (1) Any person who (a) drives a motor vehicle or other vehicle without a
licence or an unlicensed motor vehicle or other
vehicle, or in a reckless, negligent or dangerous
manner, provided that no licence shall be required in
relation to a bicycle; or
(b) causes, suffers or permits his car to be driven by a
person not duly licensed to drive a motor vehicle or
other vehicle,or when the motor vehicle or other vehicle
is not licensed
shall be guilty of an offence and shall, on conviction, be liable to a
fine (multa) not exceeding one thousand and two hundred euro
(€1,200) or to imprisonment not exceeding one year.
(1A) Any person who makes use of an identification number
other than that allotted by the police or by the Authority in relation
to a particular motor vehicle shall be guilty of an offence and shall,
on conviction, be liable to a fine (multa) not exceeding one thousand
and two hundred euro (€1,200) or to imprisonment not exceeding six
months or to both such fine and imprisonment.
(2) Where the offence consists in driving a motor vehicle or
other vehicle in a grossly negligent or dangerous manner, the court
shall, in addition to the punishment under sub-article (1), disqualify
the offender for holding or obtaining a driving licence, in the case
of a first conviction for a period of not less than three months, and
in the case of a second or subsequent conviction for a period of not
less than one year.
(3) In the case of any other offence under sub-article (1), the
court shall, in addition to the punishment under that sub-article,
disqualify the offender for holding or obtaining a driving licence
for a period of not less than eight days.
(4) The Minister may by regulations under this article make
provision whereby any disqualification to hold a licence or any
revocation or suspension of a licence to drive a vehicle in a country
outside Malta as may be designated in such regulations, shall have
effect as if such disqualification, revocation or suspension was
ordered by a Court or other authority in Malta to the extent and
under such conditions as may be specified in such regulations, and
5
Requisition by
Authority for
Transport in Malta
of motorcars etc.,
in case of stoppage
or suspension of
service.
Added by:
XV. 1931.3.
Amended by:
L.N. 148 of 1975;
XIII. 1983.5;
L.N. 162 of 1990;
XXIV. 1995.360;
XXIII. 2000.30;
VI. 2001.7;
L.N. 408 of 2007;
XV. 2009.49.
Driving motor
vehicle without
licence, etc.
Amended by:
LIII. 1939.2;
XXVI.1956.4;
XVII.1974.2;
XIII.1983.5;
L.N. 162 of 1990;
VI. 1998.2;
XXIII. 2000.30;
III. 2002.161;
L.N. 408 of 2007;
V. 2011.3;
XIV. 2017.2;
II.2026.4.
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T RA FF I C RE G U L AT I ON
no licence issued under this Act shall be valid in any period where
in accordance with such regulations such person is deemed
disqualified from holding any licence or has his licence suspended
or revoked.
(5) Any person who makes or produces or permits to be made
or produced any material involving or indicating any persons to be
in breach of the provisions listed in sub-article (1) or produces,
distributes, disseminates, imports, exports, offers, sells, supplies,
transmits, makes available, procures for oneself or for another, or
indicates that such persons are in breach of the provisions listed in
sub-article (1) shall, on conviction, be liable to a fine (multa) of
one thousand two hundred euro (€1,200), or to imprisonment not
exceeding one (1) year:
Provided that for the purposes of this article, the offence
shall also be deemed to have been committed where, irrespective of
the declared intention of the person, the circumstances of the
publication are such that they are reasonably likely to:
(a) normalise or diminish the seriousness of dangerous or
excessive driving; or
(b) encourage the imitation of such behaviour by other
persons:
Provided further that if the person mentioned in this subarticle provides sufficient evidence before the courts for the
identification of the person who is in breach of the provisions in subarticle (1), such person shall, upon conviction, be liable to a fine
(multa) not exceeding two hundred fifty euro (€250).
Driving, etc., a
motor vehicle
while unfit to
drive.
Added by:
VI. 1998.3.
Amended by:
XXIII. 2000.30;
V. 2011.3;
II.2026.5.
Driving, etc., a
motor vehicle with
alcohol
concentration in
the breath etc.,
above the
prescribed limit.
Added by:
VI. 1998.3.
Amended by:
XXIII. 2000.30.
Substituted by:
VII. 2010.40.
Amended by:
V. 2011.3;
XIV. 2017.3.
15A. (1) No person shall drive or attempt to drive or be in
charge of a motor vehicle or other vehicle on a road or other public
place if he is unfit to drive.
(2) For the purposes of this article, a person shall be deemed to
be unfit to drive if his ability to drive properly is for the time being
impaired.
15B. (1) No person shall drive, attempt to drive or be in charge
of a motor vehicle or other vehicle on a road or other public place
after consuming so much alcohol that the proportion of it in his
breath, blood or urine exceeds the prescribed limit.
(2) The Minister responsible for the Police may make
regulations which provide for (a) the procedures to be adopted by the Police or by the
community officers in the carrying out of breathalyser
tests;
(b) the determination of the type of device to be used for
the taking of the breathalyser test;
(c) the procedure for the taking of body fluid specimens
including blood;
T R A F F I C R EG U L AT I O N
[CAP. 65.
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(d) the determination of the laboratory for the taking of
body fluid specimens including blood:
Provided that the Minister responsible for the Police may, by
regulations made under this Ordinance, amend, repeal or repeal and
re-enact the schedules to this Ordinance.
15BA. (1) No person shall drive, attempt to drive or be in
control of a motor vehicle or other vehicle on a road or other public
place after consuming any drugs, if such person still has any amount of
such drug in his body.
Driving a motor
vehicle with drug
concentration in
the body.
(2)
An offence under this article shall not be interpreted as
an offence of drug possession.
15BB. The Minister responsible for the police may make
regulations which provide for:
(a)
the procedures to be adopted by the police in the
carrying out of oral fluid drug tests;
Power of the
Minister
responsible for
Police to make
regulations.
(b)
the determination of the type of device to be used
for the taking of the oral fluid drug test;
(c)
specimens;
the procedure for the taking of body fluid
(d)
the determination of the laboratory for the taking
and testing of body fluid specimens;
(e)
any other matters relating to police operations
concerning the prevention of driving under the influence of
alcohol or drugs:
Provided that the Minister responsible for the police may, by
regulations made under this Ordinance, add Schedules or amend or
repeal the Schedules annexed to this Ordinance to provide for the
better implementation of this article.
15BA. (1) No person shall drive, attempt to drive or be in
control of a motor vehicle or other vehicle on a road or other public
place after consuming any drugs, if such person still has any amount of
such drug in his body.
Driving a motor
vehicle with drug
concentration in
the body.
Added by:
II.2026.6.
(2)
An offence under this article shall not be interpreted as
an offence of drug possession.
15BB. The Minister responsible for the police may make
regulations which provide for:
(a)
the procedures to be adopted by the police in the
carrying out of oral fluid drug tests;
Power of the
Minister
responsible for
Police to make
regulations.
Added by:
II.2026.6.
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CAP. 65.]
T RA FF I C RE G U L AT I ON
(b)
the determination of the type of device to be used
for the taking of the oral fluid drug test;
(c)
specimens;
the procedure for the taking of body fluid
(d)
the determination of the laboratory for the taking
and testing of body fluid specimens;
(e)
any other matters relating to police operations
concerning the prevention of driving under the influence of
alcohol or drugs:
Provided that the Minister responsible for the police may, by
regulations made under this Ordinance, add Schedules or amend or
repeal the Schedules annexed to this Ordinance to provide for the
better implementation of this article.
Breath alcohol test.
Added by:
VI. 1998.3.
Amended by:
XXIII. 2000.30;
V. 2011.3.
Substituted by:
II.2026.7.
15C. (1) Where a Police officer reasonably suspects that:
(a)
a person is driving or attempting to drive or is in
control of a motor vehicle or other vehicle on a road or other
public place and has alcohol in his body or has committed an
offence against the provisions of this Ordinance or against any
regulations made thereunder whilst the motor vehicle or other
vehicle was in motion;
(b)
a person has been driving or attempting to drive or
has been in control of a motor vehicle or other vehicle on the
road or other public place with alcohol in his body and that such
person still has alcohol in his body;
(c)
a person has been driving or attempting to drive or
has been in control of a motor vehicle or other vehicle on the
road or other public place and has committed an offence against
the provisions of this Ordinance or against any regulations
made thereunder whilst the motor vehicle or other vehicle was
in motion; or
(d)
a person was driving or was attempting to drive or
was in control of a motor vehicle or other vehicle on the road or
other public place when the said motor vehicle or other vehicle
was involved in an accident,
he may require such person to provide a specimen of breath for a
breath test.
T R A F F I C R EG U L AT I O N
[CAP. 65.
(2)
A Police officer may, without the need for reasonable
suspicion in respect of a particular person, require any person who was
driving or attempting to drive or was in control of a bus, coach, other
vehicles carrying passengers for a fee, any M2 or M3 motor vehicle on
the road or other public place during road checks in accordance with
the provisions of article 355 of the Criminal Code, to provide a
specimen of breath for alcohol.
(3) A Police officer shall require any person who was driving or
attempting to drive or is in control of a motor vehicle or other vehicle
on the road or other public place when involved in a serious traffic
accident, to provide a specimen of breath for alcohol.
15CA. (1)Where a Police officer reasonably suspects that:
(a)
a person is driving or attempting to drive or is in
control of a motor vehicle or other vehicle on the road or other
public place and has drugs in his body or has committed an
offence against the provisions of this Ordinance or against any
regulations made thereunder whilst the motor vehicle or other
vehicle was in motion;
Cap. 9.
Specimen of oral
fluid for a drug
test.
Added by:
II.2026.8.
(b)
a person has been driving or attempting to drive or
has been in control of a motor vehicle or other vehicle on the
road or other public place with drugs in his body and that
person still has drugs in his body;
(c)
a person has been driving or attempting to drive or
has been in control of a motor vehicle or other vehicle on the
road or other public place and has committed an offence against
the provisions of this Ordinance or against any regulations
made thereunder whilst the motor vehicle or other vehicle was
in motion; or
(d)
a person was driving or was attempting to drive or
was in control of a motor vehicle or other vehicle on the road or
other public place when the said motor vehicle or other vehicle
was involved in an accident,
he may require such person to provide a specimen of oral fluid for
a drug test.
(2)
A Police officer may, without the need for reasonable
suspicion, require any person who was driving or attempting to drive
or is or was in control of a bus, coach, other vehicles carrying
passengers for a fee, any M2 or M3 motor vehicle on a road or other
public place during road checks in accordance with the provisions of
article 355 of the Criminal Code, to provide a specimen of oral fluid
for a drug test.
(3)
A Police officer shall require any person who was
driving or attempting to drive or is in control of a motor vehicle or
9
Cap. 9.
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CAP. 65.]
T R A F F I C R E G U L AT I O N
other vehicle on the road or other public place when involved in a
serious traffic accident, to provide a specimen of oral fluid for a drug
test.
Power to carry out
random tests.
Added by:
II.2026.8.
Medicinals.
Added by:
II.2026.8.
Cap. 101.
Prescribed limits
for
tetrahydrocannabinol.
Added by:
II.2026.8.
15CB. Notwithstanding the other provisions of this Ordinance or
of any other law, when a Police officer reasonably considers it
necessary, in the interests of public safety, public order or for the
protection of the rights and freedoms of other persons, he may also
require, even without the need for reasonable suspicion in a
particular person, any person who was driving or attempting to
drive or who is in control of a motor vehicle or other vehicle on a
road or in any other public place to give a specimen of breath for
alcohol or to give a specimen of oral fluid for a drug test.
15CC. For the purposes of articles 15BA, 15CA and 15CB,
persons in possession of a valid drug control card or who are on
prescribed medication shall produce such card or prescription after
having tested positive to a drug test. The possession of such
documentation shall not preclude conducting further tests to
ascertain whether the person concerned has taken any controlled
substance in accordance with the Dangerous Drugs Ordinance, nor
shall it exempt such person from criminal responsibility.
15CD. For the purposes of articles 15BA, 15CA and 15CB the
permissible level of tetrahydrocannabinol in the blood shall be of
two (2) microgrammes per litre of blood for persons driving
vehicles, except for commercial vehicles, buses, coaches, other
vehicles carrying passengers for a fee and any M2 or M3 motor
vehicle. In those cases where a person only tests positive to
tetrahydrocannabinol, such person shall be subject to the applicable
punishment prescribed in article 15H:
Provided that if a person who is not driving commercial
vehicles, buses, coaches, other vehicles carrying passengers for a
fee and any M2 or M3 motor vehicles tests positive to
tetrahydrocannabinol, he may be required to submit to further
testing, including blood tests. If the level of tetrahydrocannabinol
exceeds the amount prescribed, such person shall be subject to the
applicable punishment prescribed in article 15H:
Provided further that if a person tests positive to other drug
substances or alcohol besides tetrahydrocannabinol, he shall be
subject to the applicable punishment prescribed in article 15H.
Powers of arrest.
Added by:
VI. 1998.3.
Amended by:
II.2026.9.
15D. A Police officer may proceed to the arrest of a person if (a) as a result of a breath test or an oral fluid drug test, the
Police officer reasonably suspects that the proportion of
alcohol in that person’s blood exceeds the prescribed
limit, or such person tests positive for drugs; or
(b) such person fails to provide a specimen of breath for a
breath test, or a specimen of oral fluid for an oral fluid
drug test, when required to do so in pursuance of the
provisions of articles 15C, 15CA or 15CB and, only
provided that such person had been warned that the failure
or refusal to comply with such a request constitutes an
offence.
T R A F F I C R EG U L AT I O N
[CAP. 65.
15E. (1) In order to determine whether a person has committed
an offence under articles 15A, 15B(1) and 15BA(1) a Police officer
may require such person (a) to provide a breath specimen or specimens for analysis
by means of the approved device, according to
regulations made under this Ordinance, and the result
so obtained shall be admissible in evidence in any
proceedings for an offence under articles 15A, 15B(1)
and 15BA(1). The results of the analysis shall be
presumed correct unless the contrary is proved; or
Provision of
specimen for
analysis.
Added by:
VI. 1998.3.
Amended by:
VII. 2010.41;
II.2026.10.
(b) to provide a specimen or specimens of blood and urine
for laboratory analysis, which shall take place at an
approved laboratory, according to regulations made
under this Ordinance, and the opinion of the analyst in
that laboratory and the results of the analysis shall be
admissible in evidence in any proceedings for an
offence under articles 15A, 15B(1) and 15BA(1). The
results of the analysis shall be presumed correct unless
the contrary is proved:
Provided that the Police may in addition to the specimens
of breath require also a specimen of blood or two specimens of
urine; or
(c) to provide a specimen or specimens of oral fluid for
analysis by means of an approved device, in
accordance with the Drug Driving Testing
Regulations, and the result so obtained shall be
admissible as evidence in any proceedings related to
an offence under articles 15A, 15B(1) and 15BA(1).
The results of the analysis shall be presumed correct
unless the contrary is proved; or
(d) to provide a specimen or specimens of oral fluid for
confirmatory analysis, which shall take place at an
approved laboratory, according to the Drug Driving
Testing Regulations, and the results of the analysis
shall be admissible as evidence in any proceedings for
an offence under articles 15A, 15B(1) and 15BA (1).
The results of the analysis shall be presumed correct
unless the contrary is proved.
(2)
(Deleted by Act VII. 2010.41.).
(3)
(Deleted by Act VII. 2010.41.).
(4) A person who refuses or fails to provide the requisite
specimen as provided under this article or regulations made under
this Ordinance shall be guilty of an offence and unless the contrary
is proved, it shall be presumed that the proportion of alcohol in that
person’s blood exceeds the prescribed limit or has drugs in his body,
or in the case of tetrahydrocannabinol, exceeds the prescribed limit:
Provided that it shall be a defence for such person to prove
that his failure to provide a specimen was due to physical or mental
incapacity to provide it or because its provision would entail a
substantial risk to his health.
S.L. 65.34.
S.L. 65.34.
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CAP. 65.]
T R A F F I C R E G U L AT I O N
(5) Where a person has been found guilty of an offence against
any of the provisions of articles 15A, 15B or 15BA(1), the court may,
besides sentencing the offender to the punishment applicable
according to law, order him to pay the fees, or part thereof, due to
the person or persons who shall have made the analysis under the
provisions of this article.
(6) In a prosecution for an offence under articles 15 to 15I it shall
be presumed, until the contrary is proved, that a device provided by a
member of the police for the purpose of enabling a person to provide
an oral fluid specimen is a device for indicating the presence of drugs
in oral fluid.
Choice of
specimens of
breath, of oral
fluid or of body
fluid.
Added by:
VI. 1998.3.
Substituted by:
VII. 2010.42.
Amended by:
II.2026.11.
15F. (1) A person required to provide a specimen of breath, oral
fluid or body fluid, and who consents to such procedure may be
detained by the Police until such person provides the necessary
specimen or until the person is no longer a danger to himself or to
others.
Detention of
persons affected by
alcohol or a drug.
Added by:
VI. 1998.3.
Amended by:
II.2026.12.
15G. A person required to provide a specimen of breath, blood,
oral fluid or urine may be detained by the Police until it appears to
the Police that such person is fit to drive.
Breath tests conducted by
community
officers.
Added by:
XIV. 2017.6.
15GA. (1) The provisions of article 15C shall apply mutatis
mutandis to community officers and the procedures that shall be
followed in the event that a community officer has a reasonable
suspicion as defined in article 15C shall be those stipulated in this
article.
(2) The Minister responsible for the police shall by regulations
establish, and may, when established, alter by regulations, the
allowed proportion of alcohol in the breath.
(2) When a person refuses or refrains from providing a sample
of breath to a community officer as required under this article, that
person shall be guilty of an offence and the provisions of articles
15E(4) and 15H shall apply to that person mutatis mutandis.
(3) A person who refuses or fails to provide a sample of breath
to a community officer in accordance with this article may be
forbidden by the community officer from driving until the Police
arrive and a person who keeps on driving despite the order given by
the community officer not to drive shall be guilty of an offence as if
the order given by the community officer was given by the Police.
(4) When, as a result of a breath test, a community officer has
a reasonable suspicion that the proportion of alcohol in the blood of
that person is more than the limit prescribed he shall request the
presence of the Police on site and the person who has given the
sample shall be forbidden by the community officer from driving
and the provisions of sub-article (3) shall mutatis mutandis apply to
that person.
T R A F F I C R EG U L AT I O N
[CAP. 65.
15H. (1) Every person who contravenes any of the provisions
of articles 15A, 15B and 15BA(1) shall be guilty of an offence and
shall on conviction for such an offence or for an offence under subarticle (4) of article 15E be liable (a) in the case of a first conviction, to a fine (multa) of not
less than four thousand euro (€4,000);
13
Offences and
punishments.
Added by:
VI. 1998.3.
Amended by:
L.N. 408 of 2007;
VII. 2010.43;
XIV. 2017.4;
II.2026.13.
(b) in the case of a second or subsequent conviction, to a
fine (multa) of not less than eight thousand euro (€8,000):
Provided that for the purposes of this article, the court shall
not award the minimum punishment if a person has
resulted positive to more than one (1) drug, or is under the
influence of both a drug substance and alcohol.
(2) In addition to the punishments under sub-article (1), the
court shall disqualify the offender from holding or obtaining a
driving licence in the case of a first conviction for a period of not
less than six months, and in the case of a second or subsequent
conviction for a period of not less than one year:
(3) In addition to the penalties under sub-articles (1) and (2), the
court may also impose a Probation Order in accordance with article 7
of the Probation Act which shall include an order whereby the offender
shall be ordered to attend a rehabilitation programme, with expenses
charged upon him, or a Community Service Order in accordance with
article 11 of the Probation Act.
Provided that in the case of a conviction due to a person
having been unfit to drive through drink or for an offence under
article 15B, the provisions of this sub-article shall apply only
where the proportion of alcohol in the breath, blood or urine
exceeds the prescribed limit by eight microgrammes or more in the
breath or by twenty milligrammes or more in the blood or by
twenty-three milligrammes or more in urine.
(4)
In addition to the punishments provided for under subarticles (1) and (2), and without prejudice to any other measure or order
which the court may impose by virtue of any other law, the court shall,
upon delivering judgment, order the convicted person to reimburse the
Police the costs incurred in connection with any drug test within such
period and in such amount as shall be determined in the judgment.
(5) The provisions of sub-articles (2), (3) and (4) of article 533 of
the Criminal Code shall apply, mutatis mutandis, in favour of the
Police, in default of payment of the costs as determined by the court in
accordance with sub-article (4).
15I. (1) For the purposes of this article and of articles 15A to
15H, unless the context otherwise requires "breath test" means a test for the purpose of determining, by
means of a device of a type approved by the Minister, whether the
proportion of alcohol in a person’s breath is in excess of the limit
prescribed by regulations under this Ordinance;
Cap. 9.
Interpretation of
articles 15A to 15I.
Added by:
VI. 1998.3.
Amended by:
VII. 2010.44;
XIV. 2017.5;
II.2026.14.
14
Cap. 101.
Cap. 31.
CAP. 65.]
T R A F F I C R E G U L AT I O N
"drug" shall have the same meaning as assigned to it in article 2 of
the Dangerous Drugs Ordinance and in article 118A of the Medical
and Kindred Professions Ordinance:
(a) with regard to driving or attempting to drive all
vehicles except those mentioned in paragraphs (b), (c)
or (d):
(i)
(ii)
(iii)
22 microgrammes of alcohol in 100 millilitres of
breath; or
50 milligrammes of alcohol in 100 millilitres of
blood; or
67 milligrammes of alcohol in 100 millilitres of
urine;
(b) with regard to driving or attempting to drive
commercial vehicles:
(i)
(ii)
(iii)
9 microgrammes of alcohol in 100 millilitres of
breath; or
20 milligrammes of alcohol in 100 millilitres of
blood; or
27 milligrammes of alcohol in 100 millilitres of
urine;
(c) with regard to driving or attempting to drive buses,
coaches, vehicles on priority duty and other vehicles
carrying passengers for a fee:
(i)
(ii)
(iii)
0 microgrammes of alcohol in 100 millilitres of
breath; or
0 milligrammes of alcohol in 100 millilitres of
blood; or
0 milligrammes of alcohol in 100 millilitres of
urine;
(d) with regard to driving or attempting to drive by
persons in possession of a probationary driving
licence:
(i)
(ii)
(iii)
9 microgrammes of alcohol in 100 millilitres of
breath; or
20 milligrammes of alcohol in 100 millilitres of
blood; or
27 milligrammes of alcohol in 100 millilitres of
urine:
Provided that the Minister responsible for the police may, by
regulations, change the prescribed limits.
Cap. 9.
" "appropriate consent" shall have the same meaning as assigned
to it in article 350 of the Criminal Code;
T R A F F I C R EG U L AT I O N
[CAP. 65.
"confirmatory test" means a specimen of an oral fluid obtained
from a person suspected of committing an offence under this
Ordinance or a person referred to in article 15CA or 15CB, after his
preliminary test produced a positive result for drugs, which specimen
is referred for analysis to an approved laboratory as listed in the
Second Schedule of the Drug Driving Testing Regulations;
15
S.L. 65.34.
"oral fluid drug test" means a test for the purpose of
determining, by means of a device of a type approved by the Minister
responsible for the police, whether a person is under the influence of
drugs;
"preliminary test" means an oral fluid drug test carried out at the
roadside, by a police officer using an approved device in accordance
with the First Schedule to the Drug Driving Testing Regulations;
S.L. 65.34.
"serious traffic accident" means any accident which occurred on a
road or other public place involving a motor vehicle or other vehicle as
a result of which any person suffers any bodily harm or from which the
death of a person ensues;
(2) A person is deemed to have provided a specimen of blood
only if he consents to it being taken by a medical practitioner and it
is so taken in such quantity and of such quality as is capable of
being properly analysed for the purposes of article 15E.
(3) A person shall be deemed to have provided a specimen of
urine or breath only if that specimen is provided in such a manner
and in such quantity and of such quality as is capable of being
properly analysed for the purposes of article 15E or for the
purposes of regulations made under this Ordinance.
15J. Any person who drives a motor-car or other vehicle
through or emerges a red light shall be guilty of an offence and on
conviction shall be liable to a fine (multa) of two hundred euro
(€200).
Driving through or
emerging a red
light.
Added by:
VII. 2010.45.
Amended by:
XV. 2016.45;
XV.2023.3.
15K. When a person is brought before the court on a charge under
article 225 of the Criminal Code resulting from driving a motor
vehicle the prosecution shall request the Court of Magistrates to order
the suspension of the accused’s driving licence while the proceedings
are pending. The decree of the Court of Magistrates shall be
immediately enforceable but shall be subject to an appeal by an
application filed within five (5) days before the Criminal Court and the
said decree may be revised and made subject to such conditions as the
Court may from time to time deem fit.
Precautionary
suspension of
licences.
Added by:
II.2026.15.
Cap. 9.
16
CAP. 65.]
Taking of blood
specimens from
persons who
cannot give their
consent.
Added by:
II.2026.15.
T R A F F I C R E G U L AT I O N
15L. (1) The procedure established in this article shall apply in cases
where a person referred to in article 15CA(3):
(a)
cannot give his consent to a preliminary test and
confirmatory test; or
(b) cannot be subjected to a preliminary test and confirmatory
test.
(2) Any medical practitioner attending a hospitalised person
referred to in sub-article (1), while that person remains so hospitalised,
shall upon the request of a police officer confirmed by an order of a
Magistrate, be required to take a specimen of that patient’s blood for
analysis as soon as practicable.
(3) If there is no medical practitioner present to attend the
hospitalised person referred to in article 15CA(3), the blood specimen
shall be taken by a healthcare professional who is attending the patient
and who is accredited by a hospital as competent to perform the
sampling procedures.
(4) The taking of a blood specimen from a hospitalised person
referred to in article 15CA(3) shall not be required in accordance with
this article unless, at the time of the accident concerned, the patient
concerned who was involved in the accident was:
(a) driving a motor vehicle involved in the accident;
(b) occupying the driver’s seat of a motor vehicle involved
in the accident and attempting to put the motor vehicle
in motion; or
(c) the holder of an applicable driver licence and
occupying the seat in the motor vehicle next to a
learner driver who was driving a motor vehicle
involved in the accident.
Letting, without
licence, motor
vehicles to be
driven by hirer.
Added by:
LIII. 1939.3.
Amended by:
XIII. 1983.5;
L.N. 162 of 1990;
XXIII. 2000.30;
L.N. 408 of 2007;
XV. 2009.49;
V. 2011.3.
Proper use of taximeter.
Added by:
XII. 1984.2.
Amended by:
L.N. 408 of 2007;
V. 2011.5.
16. (1) No person shall, without a licence from the Authority
for Transport in Malta, carry on the business of hiring motor
vehicles to be driven by the hirer or by a person under his control.
(2) Any person who acts in contravention of the provisions of
s u b - a r t i c l e ( 1 ) s h a l l b e g u i l t y o f a n o ff e n c e a n d s h a l l , o n
conviction, be liable to a fine (multa) not exceeding forty-six euro
and fifty-nine cents (46.59).
(3) The licence, issued under sub-article (1), may be suspended
or cancelled by the Authority for Transport in Malta, if the holder
of the licence permits any motor vehicle to be used on the road,
unless there is in force in relation to the user of that motor vehicle
such a policy of insurance or such security in respect of third party
risks as complies with the requirements of any law for the time
being in force imposing such policy of insurance or security.
16A. (1) Every taxi-car shall be fitted with an appropriate taximeter for ascertaining the number of kilometres covered and the
relative legal charges of each trip.
(2) Every taxi-meter which is fitted in a taxi-car shall be placed
in a position which is easily visible to the passengers.
(3) Every person who carries passengers in a taxi-car shall
ensure at the commencement of any hire that the taxi-meter of such
T R A F F I C R EG U L AT I O N
[CAP. 65.
17
car is in proper order for correct registering in accordance with subarticle (1).
(4) No person shall carry passengers in a taxi-car if the taximeter of such car is not in proper order as required by this article or
if such taxi-meter has its seals broken or is in any way tampered
with.
(5) No person shall whilst carrying passengers in a taxi-car fail
to operate the taxi-meter during any hire, or charge any amount in
excess of the correct fare, or break the seals of the taxi-meter.
(6) Every person who contravenes any of the provisions of this
article shall be guilty of an offence and shall on conviction be
liable (a) for a first offence, to a fine (multa) not exceeding five
thousand euro (€5,000); for a second offence, to a fine
(multa) not exceeding seven thousand euro (€7,000) or
to imprisonment for a period of not more than three
months; for a third or subsequent offence, to a fine
(multa) not exceeding ten thousand euro (€10,000) or
to imprisonment for a period of not more than six
months or to both such fine and imprisonment;
(b) to the immediate suspension or revocation of any
prescribed permit, licence or authorisation;
(c) any prescribed penalty points; and
(d) the confiscation of the taxi-car for a period of:
(i)
not less than one month but not exceeding three
months for a first offence;
(ii) not less than three months but not exceeding six
months for a second offence; and
(iii) not less than six months but not exceeding
twelve months for a second and subsequent
offence.
(7) The confiscation of the taxi-car as provided in sub-article
(6) shall take place irrespective of whether the offender is the
owner, or his employee or substitute, of such motor vehicle.
(8) The Probation Act, and article 21 of the Criminal Code,
shall not be applicable in respect of an offence against any of the
provisions of this article.
Cap. 446.
Cap. 9.
16B. Nothing in this Ordinance shall be construed as limiting,
restricting or otherwise affecting the application of any law,
regulation or other rule made in pursuance of the Services (Internal
Market) Act.
Applicability of the
Services (Internal
Market) Act.
Added by:
XXIII. 2009.24.
Cap. 500.
17. Without prejudice to the provisions of article 16, it is
prohibited to let or hire any vehicle for the conveyance of persons
or for the carriage of goods without a licence from the Authority
for Transport in Malta.
Licence to let
vehicle on hire.
Added by:
XXIII. 2000.30.
Amended by:
XV. 2009.49.
18
CAP. 65.]
T R A F F I C R E G U L AT I O N
Fitness of vehicle.
Added by:
XXIII. 2000.30.
Amended by:
XXIII. 2009.25.
18. The licence mentioned in article 17 in respect of a vehicle
for hire shall not be granted unless the Authority is satisfied that
the vehicle is fit for public use, and provided with such fittings,
accessories and brakes as, in the opinion of the Authority or, with
respect to self-drive car hire, as provided for under this Ordinance
or any other law, regulation or rule may be necessary for the safety
and convenience of passengers.
Plates bearing
registration number.
Added by:
XXIII. 2000.30.
19. A vehicle licensed in accordance with article 17 shall bear
such plates showing an identification number and such distinctive
letter as shall be allotted to it by the Authority. The said number
and letter shall be of such pattern, colour and size as the Authority
shall determine.
Vehicle without
plate to be deemed
unlicensed.
Added by:
XXIII. 2000.30.
20. Any vehicle standing or plying for hire, or actually on hire
not having the plates referred to in the last preceding article, shall
be deemed to be an unlicensed vehicle.
Construction of
vehicles for hire.
Added by:
XXIII. 2000.30.
21. Every vehicle for hire shall be constructed in accordance
with a design approved by the Authority.
Keeping of vehicle
in good state of
repair, etc.
Added by:
XXIII. 2000.30.
22. It shall not be lawful to use any vehicle for hire which is
not kept in a good state of repair, cleanliness and decency in all its
parts and accessories.
Vehicles for
conveyance of
persons not to be
used for
conveyance of
corpses.
Added by:
XXIII. 2000.30.
23. No vehicle destined for the conveyance of persons shall be
used for the conveyance of corpses.
Vehicles for
conveyance of
corpses.
Added by:
XXIII. 2000.30.
24. No vehicle shall be used for the conveyance of corpses
without a special licence, which shall not be granted unless the
vehicle be constructed in such form and provided with such
fittings, accessories and lamps as the Authority shall direct.
Withdrawal of
licence of vehicle
for hire.
Added by:
XXIII. 2000.30.
25. The licence mentioned in article 17 shall be withdrawn if
the vehicle is declared to be unfit for public use. The said licence
shall be returned or, if lapsed, renewed when the vehicle is put in
order to the satisfaction of the Authority.
Notice of sale or
disposal of
licensed vehicle.
Added by:
XXIII. 2000.30.
26. Any person named as owner or part-owner on a licence,
who shall have sold or otherwise disposed of his interest in the
vehicle to which the licence relates, shall give notice to the
Authority of such sale or disposal, and shall at the same time
produce the licence in order that a note may be entered thereon
showing the material particulars of such sale or disposal; and in
default of such notice and production, such person shall,
notwithstanding such sale or disposal, continue to be subject to the
provisions of this Ordinance as owner or part-owner of the vehicle.
Number of vehicle
to be kept always
visible to public.
Added by:
XXIII. 2000.30.
27. No owner or driver of a vehicle shall cause or suffer the
number assigned by the Authority and affixed by means of a plate
on the vehicle to be hidden from public view, or changed, or in any
manner hinder any person from taking note thereof, or refuse to
T R A F F I C R EG U L AT I O N
[CAP. 65.
19
declare such number to any person desiring to know the same.
28. Whenever the Authority may deem it expedient to change
the identification number of a vehicle, notice shall be given to the
person to whom the licence relative to such vehicle shall have been
granted; such person shall, within seven days after such notice,
produce the licence to the Authority, who shall assign another
number plate and enter on the licence a note of such change. Such
person shall affix on the vehicle the new number plate in the same
manner as the original number plate was affixed, or in such manner
as the Authority, may direct.
Power to change
number of vehicle.
Added by:
XXIII. 2000.30.
29. It shall not be lawful to grant one single licence in respect
of more than one vehicle.
Licence for each
vehicle.
Added by:
XXIII. 2000.30.
30. No person shall act as driver of any vehicle for hire, other
than a bicycle, without a licence from the Authority; and the owner
of such vehicle shall not employ as driver any person not having
such licence.
Driver of vehicle to
be licensed.
Added by:
XXIII. 2000.30.
31. Such licence shall only be granted to persons of age who,
in the opinion of the Authority, are of good conduct and fit to drive
vehicles for hire.
Qualifications to
act as driver.
Added by:
XXIII. 2000.30.
32. Such licence shall, upon conviction of the holder for a
crime, be revoked or suspended for a stated period by the court
passing judgement.
Licence to be
revoked or
suspended where
driver is convicted
of crime.
Added by:
XXIII. 2000.30.
33. The allegation that the person accused is a driver of a
vehicle may, for the purposes of the last preceding article, be made,
even after the conviction, by an application, provided such
application is filed within eight days of such conviction.
Time within which
to apply for
revocation or
suspension of
licence after
conviction.
Added by:
XXIII. 2000.30.
34. (1) Every driver of a passenger vehicle used for hire or
reward shall, whilst driving the vehicle, wear in a conspicuous
place on his breast in a manner that it may be easily seen, unless
otherwise prescribed, an identification tag which will be given to
him by the Authority.
Driver of
passenger vehicle
used for hire or
reward to be in
possession of
identification tag.
Added by:
XXIII. 2000.30.
Amended by:
V. 2011.6.
(2) It shall not be lawful for any driver to lend his tag to any
other person, or to suffer any other person to make use thereof,
even though such other person is licensed to act as driver of a
public transport vehicle; it shall likewise be unlawful for any
person to make use of a tag granted to any other person.
Driver may not
lend tag.
(3) If a driver loses his tag, he shall, without delay, give notice
thereof to the Authority, and if he shows, to the satisfaction of the
Authority, that the tag was lost without any fault on his part, he
shall be given another tag by the Authority on the payment of any
fee as may be prescribed.
Loss of tag.
20
CAP. 65.]
T R A F F I C R E G U L AT I O N
Driver to carry
licence.
Added by:
XXIII. 2000.30.
35. Every driver licensed to drive a vehicle for hire shall,
whilst driving the vehicle, or plying for hire, carry the licence on
him and shall produce the same whenever requested by the Police
or any other authority.
Owner or driver
may not refuse to
hire vehicle except
on reasonable
grounds.
Added by:
XXIII. 2000.30.
36. No owner or driver of a vehicle for hire shall, without
reasonable excuse, refuse to let out such vehicle to any given place,
or, at the choice of the person requiring the hire of the vehicle, for a
specified or unspecified time not exceeding four hours, provided
the person requiring the hire of the vehicle consents that such hire
should commence from the moment in which the request for the
hire is made.
Fare leviable for
hire of taxi-cars.
Added by:
XXIII. 2000.30.
Amended by:
XV. 2009.49;
V. 2011.7.
Cap. 499.
37. Notwithstanding anything contained in the last preceding
article, no fare shall be leviable for the hire of any vehicle licensed
as a taxi-car other than in accordance with the tariff contained in
regulations made under article 43 of the Authority for Transport in
Malta Act.
Duty of owner or
driver to keep copy
of tariff.
Added by:
XXIII. 2000.30.
38.
Repealed by: V. 2011.4.
Owner or driver
not to carry person
or thing on or
behind vehicle
without consent of
hirer.
Added by:
XXIII. 2000.30.
39. The owner or driver of a vehicle let out on hire shall not
permit any person or thing to be carried in, on or about such
vehicle, whilst on hire, without the consent of the hirer.
No person to act as
driver of vehicle
without consent of
owner.
Added by:
XXIII. 2000.30.
40. No person authorised by the owner of a vehicle to act as
driver of such vehicle shall, except in case of necessity, suffer any
other person to act as driver of such vehicle, without the consent of
the owner thereof, and no person shall, except in case of necessity,
act as driver of a vehicle, without the consent of the owner of such
vehicle.
Compensation for
damage done by
driver may be
recovered from
owner.
Added by:
XXIII. 2000.30.
Amended by:
L.N. 408 of 2007;
V. 2011.3.
41. Where any damage has been caused to the property of
others through the driving of a motor vehicle or other vehicle in a
reckless, negligent or dangerous manner, it shall be lawful for the
court by which the driver is convicted, to direct that the owner of
the vehicle shall pay such a sum, not exceeding two thousand and
t hree hu ndred and tw enty -n ine euro and thi rt y-seven cent s
(2,329.37), as appears to the court a reasonable compensation for
such damage, saving any action for any greater sum where the
damage caused is greater; and every owner who pays any such
compensation as aforesaid may recover the same from the driver as
a civil debt in respect of damages and interest.
Driver decently
dressed.
Added by:
XXIII. 2000.30.
Driver not to refuse
to give way to
other vehicle, etc.
Added by:
XXIII. 2000.30.
42.
Repealed by: V. 2011.4.
43. (1) The driver of a vehicle shall, if he conveniently can,
give way to any other vehicle and avoid obstructing the driver of
any other vehicle in taking up or setting down any person into or
T R A F F I C R EG U L AT I O N
[CAP. 65.
21
from such other vehicle.
(2) The driver of a vehicle shall, before turning a corner or on
approaching a cross-road, proceed at a slow rate of speed, signal
the direction in which he intends to proceed and, where necessary,
sound the horn, bell or other device for signalling its approach.
Driver to slacken
speed, etc., at
corners or crossroads.
Added by:
XXIII. 2000.30.
44. No person using any vehicle for hire shall wilfully and
contrary to the use for which the vehicle is intended, do anything
injuring such vehicle.
Damage to vehicle
by hirer.
Added by:
XXIII. 2000.30.
45. (1) No licensed vehicle shall be exposed for hire, unless it
is provided with such fittings, accessories and brakes as are, in the
opinion of the Authority, necessary for the safety and convenience
of passengers, or unless the animal and harness are, as regards
condition and appearance, suitable for the work for which they are
intended.
No licensed vehicle to stand for hire
unless provided
with proper
fittings, etc.
Added by:
XXIII. 2000.30.
Amended by:
XI. 2010.30.
(2) It shall not be lawful to carry in the vehicle a greater
number of persons than that fixed in the licence.
Number of passengers not to exceed
that fixed in
licence.
46.
Repealed by: V. 2011.4.
Vehicles to stand
for hire in places
appointed by
Authority.
Added by:
XXIII. 2000.30.
47.
Repealed by: V. 2011.4.
Position of
vehicles in stand.
Vehicle not to pass
through streets of
Valletta at a very
slow pace. Driver
not to annoy
persons by
soliciting hire.
Added by:
XXIII. 2000.30.
48. No driver of any vehicle for hire shall suffer any passenger
to drive such vehicle.
Passengers not to
drive vehicle.
Added by:
XXIII. 2000.30.
49. Vehicles, other than motor vehicles, plying on the road
shall between sunset and sunrise comply with such lighting
requirements as may be prescribed.
Lights to be carried
by vehicles.
Added by:
XXIII. 2000.30.
Amended by:
V. 2011.3.
50. It shall be lawful for the Authority, at all times, to compel
the owner or driver of any vehicle for hire to perform such service
of transport as is required in the interests of the public and to give
the necessary directions, saving always such compensation as may
be due according to law.
Power of Authority
to require owner or
driver to perform
service of transport.
Added by:
XXIII. 2000.30.
22
CAP. 65.]
T R A F F I C R E G U L AT I O N
Cancellation or
suspension of
licence.
Added by:
XXIII. 2000.30.
Amended by:
XV. 2009.49.
51. (1) It shall be lawful for the Authority for Transport in
Malta to cancel or suspend for any period the licence of any driver
who, in the exercise of his calling, shall infringe any of the
provisions of this Act or in connection with the exercise of such
licence contravenes any other law or otherwise behaves in a manner
that does not befit the exercise of his calling.
Cap. 12.
The provisions of article 469A of the Code of Organization
and Civil Procedure shall apply to the exercise of the discretion of
the Authority under this article.
Power of Police to
seize vehicle in
case of disobedience of lawful
orders.
(2) Any Police officer may seize any vehicle for hire if the
driver thereof refuses to obey a lawful order of the Police or in the
case of any infringement of any of the provisions of this Ordinance
or any regulation relating to vehicular traffic, and such vehicle
may, upon an order in writing of any Police officer not inferior in
rank to sub-inspector, be detained for a time not exceeding twentyfour hours, pending an inquiry into the circumstances of the case.
Power to make
regulations.
Added by:
XXIII. 2000.30.
Amended by:
XV. 2009.49.
52. (1) The Commissioner of Police shall have power to make
orders by notice in the Gazette, for controlling, restricting or
prohibiting temporarily the passage or stopping of vehicles of any
description through or in any street on the occasion of processions,
religious ceremonies or other public solemnities or celebrations, or
in connection with the repair of streets, laying of sewers or water
mains and other works; signs shall be appropriately placed to
indicate the prohibition or other restriction, unless a Police officer
is present to control traffic.
(2) Such power may also be exercised by the Authority for
Transport in Malta in connection with the repair of streets, laying
of sewers or water mains and other works; signs shall be
appropriately placed to indicate the prohibition or other restriction,
unless a Police Officer is present to control traffic.
Recovery of
compensation or
expenses from
owner or driver.
Added by:
XXIII. 2000.30.
53. Where under the provisions contained in this Ordinance, the
Court of Magistrates shall have sentenced the owner or driver of
any vehicle to pay any compensation or expenses, such
compensation or expenses may be recovered through the same
court in the same manner and with the same means provided by law
for the enforcement of judgements delivered by the inferior courts
in civil matters.
Power of the
Minister to make
regulations.
Substituted by:
XV.1946.2.
Amended by:
XXVI.1956.5;
XLI. 1975.4;
XL.1977.3;
VI.1982.3;
L.N. 162 of 1990;
XXIII. 2000.30;
XXVII. 2001.33;
V. 2011.3, 9.
54. (1) The Minister may, after consultation with the
Authority, make regulations in respect of road traffic and the
conveyance of persons or the carriage of goods.
(2) Without prejudice to the generality of the aforesaid powers,
such regulations shall in particular provide:
(a) for the grant, renewal, transfer, suspension and
cancellation of licences in respect of motor vehicles,
the drivers thereof, the conductors of motor buses,
motor vehicle garages, and for such other licences in
connection with motor vehicles and the users thereof
as may be necessary;
(b) for prescribing the services which must be given by a
T R A F F I C R EG U L AT I O N
[CAP. 65.
motor bus, the time, manner and conditions in which
or under which such service is to be given and the
place from which orders, agreements or other
arrangements for such services are to be given or
made, and for requiring the distribution among the
owners of buses, or of such part thereof as may be
prescribed in the regulations, of all fares, fees and
other receipts collected by them, in the manner, terms
and conditions prescribed in the regulations;
(c) concerning the construction, equipment, condition and
maintenance of motor vehicles and the periodical
examination of motor vehicles by official experts;
(d) concerning the classification of motor vehicles
according to their use as approved by the Authority;
(e) for ordering inside motor vehicles the display of any
information;
(f)
for prescribing the registers to be kept by licensees of
motor vehicles licensed for hire, and the information
to be supplied by such licensees to the Authority;
(g) for controlling, restricting or prohibiting the passage
or stopping of motor vehicles through or on any road,
street, lane, square or other place of public
thoroughfare;
(h) for the management and control of parking places and
of motor vehicles while they are standing on or
moving into or out of parking places, for prescribing
any charges to be made for parking, and the use of
mechanical apparatus indicating the amount and
payment of such charges, for traffic signs, for
pedestr …
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.