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Malta Transport Authority Act (Cap. 332) Malta Transport Authority (Enforcement Officers) Regulations, 2008 (L.N. 40 Of 2008 )

MALTA TRANSPORT AUTHORITY ACT (CAP. 332)
Malta Transport Authority (Enforcement Officers) Regulations,
2008
IN exercise of the power conferred by article 32 of the Malta Transport Authority Act, the Minister for Urban Development and Roads has, after consultation with the Malta Transport Authority, made the following regulations>-
1. (1) The title of these regulations is the Malta Transport
Authority (Enforcement Officers) Regulations, 2008.
(2) These regulations shall come into force on such a date as the Minister responsible for transport may by notice in the Gazette appoint.
2. In these regulations, unless the context otherwise requires>
“the Authority” means the Malta Transport Authority established by the Malta Transport Authority Act<
“Enforcement Officer” means an officer employed by the
Authority acting pursuant to a delegation from the Authority<
“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<
“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 or other means of transport of
any class or description intended for the conveyance or carriage of persons, corpses or goods by road.
3. 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 Malta Transport Authority Act and the Code of Police Laws, and with any regulations issued under the said laws, and to perform such functions as the Authority may specify.
4. Enforcement Officers shall wear such uniform as the Authority may determine and they may only act as Enforcement Officers when they are wearing such uniform unless directed otherwise by the Authority.
5. The Authority shall provide to Enforcement Officers an identification tag which shall be worn in a conspicuous place while carrying out their duties or functions under these regulations.
6. 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 who shall also be vested with the same powers given to Enforcement Officers by regulation 3 of these regulations.
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.
8. (1) 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,
(b) does not comply with the permissible load weights and dimensions as provided for in the Motor Vehicles (Weights, Dimensions and Equipment) Regulations,
B 849

Employment of Enforcement Officers.

Uniform of Enforcement Officers.

Identification tag.

Appointment of Manager and officials.

Power to demand and obtain details.

Power to stop and inspect vehicles.

Power to issue prohibition notices.

L.N. 162 of 2003

.

B 850

L.N. 211 of 2003

.

Power to enter premises.

Duties pertaining to passenger transport.

(c) is carrying dangerous goods in breach of the Motor
Vehicles (Carriage of Dangerous Goods by Road) Regulations,
Enforcement Officers shall 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.
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 documents or such information as such Officer may reasonably require with respect to any of the said matters.
11. Enforcement Officers shall have the authority to -
(a) order the alighting or carrying of passengers from or on any passenger transport vehicle<
(b) order any passenger transport vehicle, licensed to operate any scheduled transport service, to run for such time and under such conditions as the needs of a particular scheduled service may require, and to give any other orders and directives as may, in their opinion, be necessary for the efficient performance of any particular scheduled transport service at a given time<
(c) give such orders and directives as may, in their opinion, be necessary for the implementation of the roster allocation issued in respect of any passenger transport service<
(d) order the removal of unauthorised advertising from any passenger transport vehicle<
(e) 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<
(f) order any owner or driver of a passenger transport vehicle to discontinue any scheduled or unscheduled trip where any Enforcement Officer deems that such a measure is necessary in the interests of public order or safety<
(g) 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<
(h) 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.
12. An Enforcement Officer shall have the power to report those contraventions listed in the Schedule to these regulations.
13. (1) When an Enforcement 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 other official, or otherwise wilfully hinder or obstruct the Enforcement Officer or official in the exercise of his powers or duties, or unduly interfere in the exercise thereof or in any manner whatsoever, or refuse to comply with any lawful orders or directives which such Enforcement Officer or official may give in the execution of his powers or duties.
(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 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 €120 and not exceeding €250 for a first conviction, and to a fine (multa) of not less than €250 and not exceeding € 1,200 for each subsequent conviction.
B 851

Contraventions falling under the powers and duties of Enforcement Officers.

Obstruction and fines.

B 852

Repeals L.N. 101 of

1992.

(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 €120.
14. The Public Transport Enforcement Officers (Duties and
Powers) Regulations, 1992 are hereby repealed.
SCHEDULE (Regulation 12)
B 853
Contraventions falling under the powers and duties of Enforcement Officers

(a) Motor Vehicles (Registration and Licensing) Regulations, 2004> regulations 3 and 7 (registration of vehicles) and regulation 14 (licensing of vehicles).

(b) Motor Vehicles (Driving Licences) Regulations, 2002> regulation 3 (possession of a valid driving licence), regulation 57 (use of motor vehicles for instruction purposes) and regulation 58 (authorisation of motoring school).

(c) Motor Vehicles (Weights, Dimensions and Equipment) Regulations,

2003> First Schedule (general maximum weights and dimensions), regulations

18 to 24 (installation and use of speed limitation devices), regulations 30, 35, 36,
40 and 44 (tachograph), regulation 53 (installation of taximeter), regulation 67 (installation and use of bus ticketing machines).

(d) Motor Vehicles (Carriage of Passenger by Road) Regulations, 2003> regulation 5 (possession of an operator’s licence), regulations 22 to 24 (driving and rest periods of drivers) and regulation 29 (possession of Community licence).

(e) Motor Vehicles (Carriage of Goods by Road) Regulations, 2003> regulation 5 (possession of an operator’s licence), regulations 27 to 31 (driving and rest periods of drivers) and regulation 38 (Community licence), regulations

68 and 69 (loads).

(f) Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations,

2003> regulation 3 (limitation and prohibition of transport of dangerous goods), regulation 22 (packaging), regulations 23 to 29 (vehicles’ roadworthiness), regulation 31 (driver certification), regulation 32 (use of tanks, tank containers, multiple-element gas containers, demountable tanks and transport pressure equipment), regulation 38 (clear and legible marking), and Second Schedule (infringements).

(g) Motor Vehicles (Roadworthiness Tests) Regulations, 1998> regulation

10 (compliance with conditions for contracted operators), regulation 14 (compliance with conditions for licensed testers), and regulation 22 (keeping and return of records).

(h) Motor Vehicles Regulations, 1994> regulation 62 (licence to keep a garage), regulation 65 (licence to act a as car park attendant), regulation 66 (licence to act as motor omnibus conductor), regulation 69 (overloading of vehicles), regulation 70 (carriage of things which may cause damage), regulation 88 (white

B 854
lines in the vicinity of bus stop or fare stage sign), sub-regulation 90(4) (priority lanes), regulation 91 (alterations to vehicles), regulation 93 (defective vehicles), regulation 94 (fire extinguishers on motor vehicles), regulation 95 (fittings), regulation 107 (exhaust pipes not to emit pollutants), regulation 110 (tyres), regulation 110A (windscreens and other windows), regulation 128 (carriage of school children), regulation 130 (safety of motor vehicles for hire), regulation
131 (driver’s licence and tag), regulation 134 (general provisions for motor vehicles for hire), regulations 149, 150 and 151 (identification tag), regulation 154 (smoking
in public transport vehicles), regulations 155 to 158 (reponsibilities of owners and conductors and uniforms), regulation 159 (advertisements on public transport vehicles), regulation 163 (destination number), regulation 172 (overloading), regulation 179 (terminus arrangements), regulation 211 (route marks and colour of motor omnibuses), regulations 231 to 240 (general provisions relating to taxicars), regulation 242 (cleanliness and safety of taxicars), regulation 245 (letters and markings on taxicars), regulation 248 (identification number of taxicars) and regulation 249 (illuminated sign on taxicars).

(i) Motor Vehicles (Tariff of Fares) Regulations> regulations 3, 4 and 5 (fares and tickets).

(j) Motor and Horse-drawn Hearses (Operator Licences)Regulations>

regulation 3 (licence requirement), regulation 10 (prohibition of certain signs).

(k) Code of Police Laws> article 25 (works causing obstruction or danger in streets), article 29 (breaking up of footways or surface of streets), articles 30 and 33 (precautions during works in streets), artcile 32 (fences to be set up during repairs), and article 34 (prohibition to leave materials or other obstruction in street longer then necessary).

(l) Traffic Regulation Ordinance> article 9 (interference with the duties of enforcement officers), article 10 (incitement), article 11 (refusal to give name), article 16 (letting without a licence of motor vehicles), article 16 A (proper use of taximeter), article 34 (wearing of identification tag by public passenger vehicles’ drivers).