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Traffic Regulation Ordinance (Cap. 65) Motor Vehicles (Driving Licences) (Amendment) Regulations, 2004 (L.N. 14 Of 2004 )

TRAFFIC REGULATION ORDINANCE (CAP. 65)
Motor Vehicles (Driving Licences) (Amendment) Regulations,
2004
IN exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance, the Minister for Transport and Communications has, in consultation with the Malta Transport Authority, made the following regulations> -

Title and commencement.

L.N. 191 of 2002

.

Amends regulation

2 of the principal regulations.

Substitutes regulation 18 of the principal regulations.

1. (1) The title of these regulations is the Motor Vehicles (Driving Licences) (Amendment) Regulations, 2004 and they shall be read and construed as one with the Motor Vehicles (Driving Licences) Regulations, 2002, hereinafter referred to as “the principal regulations”.
(2) These regulations shall come into force on 15th January,
2004 in respect of all regulations other than the provisions of regulation
6 hereof which shall come into force on the 29th March, 2004.
2. Regulation 2 of the principal regulations shall be amended as follows>
(a) the definition of “authorised operator” shall be deleted< (b) immediately after the definition of “licensed driving
instructor” there shall be inserted the following new definition>
“ “licensed operator” means an individual, partnership or company licensed by the competent authority in accordance with these regulations to operate a motoring school<”< and
(c) for the definition of “dual control system” there shall be substituted the following new definition>
“ “dual control system” means a system with double clutch controls and double foot brake controls and which may include two steering wheels<”.
3. For regulation 18 of the principal regulations there shall be substituted the following>
“18. Only applicants who have attained their eighteenth birthday shall be eligible to sit for the theory test.”.
4. For regulation 20 of the principal regulations there shall be substituted the following>
“20. Only applicants who have attained their eighteenth birthday shall be entitled to a standard learner’s permit.”.
5. For regulation 22 of the principal regulations there shall be substituted the following>
“22. Only applicants who are in possession of a valid driving licence in category B and have held such licence for at least one year, shall be entitled to an advanced learner’s permit.”.
6. Regulation 25 of the principal regulations shall be renumbered as sub-regulation (1) thereof and immediately after the said sub- regulation (1) there shall be inserted the following new sub-regulations>
“(2) A person who is sitting for his test of skills and behaviour may choose to be accompanied by a third party>
Provided that such accompanying third party shall not, throughout the duration of the test, communicate with the examiner or the person doing the test, or act in any way that may interfere with or influence the test procedure or outcome.
(3) A breach of the proviso of sub-regulation (2) hereof, shall lead, at the examiner’s discretion, to the immediate interruption of the test by the examiner and the recording of a negative result.”.
7. For regulation 26 of the principal regulations there shall be substituted the following>
“26. The vehicles used in the test of skills and behaviour shall>
(a) comply with the minimum technical requirements as indicated in the Third Schedule,
(b) be covered by a valid VRT certificate, (c) display a valid road licence disc,
B 97

Substitutes regulation 20 of the principal regiulations.

Substitutes regulation 22 of the principal regulations.

Amends regulation

25 of the principal regulations.

Substitutes regulation 26 of the principal regulations.

B 98

Substitutes regulation 32 of the principal regulations.

Substitutes regulation 33 of the principal regulations.

Substitutes regulation 34 of the principal regulations.

(d) display the learner plates stipulated by sub- regulation 50(1) of these regulations, and
(e) have a valid insurance covering the use of the said vehicles for driving lessons and also for the Tests of Skills and Behaviour.”.
8. For regulation 32 of the principal regulations there shall be substituted the following>
“32. New drivers who pass their driving tests shall be granted a probationary driving licence, against payment, for a period of three years. The probationary driving licence shall consist of two parts, namely a plastic photocard and its paper counterpart.”.
9. For regulation 33 of the principal regulations there shall be substituted the following>
“33. A penalty point system shall apply for all drivers holding a probationary driving licence, for any of the licence categories listed in the Second Schedule.”.
10. For regulation 34 of the principal regulations there shall be substituted the following>
“34. (1) For each contravention, penalty points, as indicated in the Sixth Schedule, shall be imposed by the Court of Magistrates or by the Commissioners for Justice, as the case may be, and recorded on the driver’s counterpart probationary driving licence.
(2) The holder of a probationary driving licence shall be required to surrender the probationary driving licence counterpart to the competent authority within ten working days from the date of his conviction for the contravention, or within ten working days of the payment of the pecuniary penalty, by the offender, as provided in article 25 of the Traffic Regulation Ordinance or in article 14 of the Commissioners for Justice Act, as the case may be, to have the penalty points recorded on it.
(3) Where the holder admits the offence and pays the relative pecuniary penalty in accordance with the special procedure established in article 25 of the Traffic Regulation Ordinance or in article 14 of the Commissioners for Justice Act, as the case may be, the competent authority shall record, on the driver’s
probationary driving licence counterpart, the minimum penalty points as indicated in the Sixth Schedule for the particular offence.
(4) A probationary driving licence holder who contravenes the provisions of subregulation (2) shall be, on conviction, liable to have his probationary driving licence revoked or suspended, as the Court of Magistrates may deem fit.
(5) It shall be the duty of the registrar of the court, or the clerk of the tribunal, which delivers judgement to input the penalty points incurred under the said judgement into a computerised database set up for such a purpose by the competent authority.
(6) When a holder of a probationary driving licence is requested to appear before a court or tribunal on charges of having committed any of the offences included in the Sixth Schedule, he shall be in possession of the said licence and the counterpart of such licence and the presiding Magistrate or Commissioner of Justice shall have the power to confiscate the said licence if the aggregate penalty points recorded on the counterpart of such licence together with the penalty points awarded by the judgement delivered by such Magistrate or Commissioner of Justice add up to twelve or more.”.
11. For regulation 35 of the principal regulations there shall be substituted the following>
“35. A probationary driving licence shall be revoked if at any time during the three-year probationary period, its holder accumulates in aggregate twelve penalty points or more.”.
12. For regulation 36 of the principal regulations there shall be substituted the following>
“36. A driver whose probationary driving licence has been revoked in virtue of the last preceding regulation, may only apply for a new probationary driving licence after the expiration of three months from such revocation by submitting a fresh application in terms of Part III of these regulations.”.
13. In regulation 45 of the principal regulations for the words “Licences Act.” there shall be substituted the words “Licences Act>” and immediately thereafter there shall be inserted the following proviso>
B 99

Substitutes regulation 35 of the principal regulations.

Substitutes regulation 36 of the principal regulations.

Amends regulation

45 of the principal regulations.

B 100

Amends regulation

50 of the principal regulations.

Amends regulations

59, 61, 62 and 63 of the principal regulations.

Substitutes the Second Schedule to the principal regulations.

“Provided that the competent authority shall charge an administrative fee of not more than Lm13 for the provision of the Theory Test.”.
14. Regulation 50 of the principal regulations shall be amended as follows>-
(a) in sub-regulation (2) thereof, immediately after the words “white background” there shall be inserted the words> “and should be visible from the front and the rear of the vehicle”< and
(b) immediately after sub-regulation (2) thereof there shall be inserted the following new sub-regulations>
“(3) No person shall act as a non-licensed driving instructor unless such person>
(i) has reached the age of 25 years,
(ii) is in possession of a valid full driving licence covering the category of vehicle being used by the learner driver and shall have been in possession of such a licence for no less than five years.
(4) A non-licensed driving instructor must ensure that the vehicle used for the purpose of instructing the learner driver shall be covered by an appropriate insurance cover for such purpose.”.
15. In regulations 59, 61, 62 and 63 of the principal regulations the words “authorised operator” wherever they appear shall be substituted by the words “licensed operator”.
16. For the Second Schedule to the principal regulations there shall be substituted the following>-
B2944
B 101
(Regulation 4)
“SECOND SCHEDULE
Minimum ages for holding or obtaining a driving licence

”.
B 102

Amends the Eleventh Schedule to the principal regulations.

17. In the Eleventh Schedule to the principal regulations, the words “Motor Vehicles (Driving Licences) Regulations, 2001” in sub- paragraph 1(f) shall be substituted with the words “Motor Vehicles (Driving Licences) Regulations, 2002”.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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