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Traffic Regulation Ordinance (Cap. 65) Motor Vehicle Roadworthiness Test (Amendment) Regulations, 2003 (L.N. No. 159 Of 2003 )

TRAFFIC REGULATION ORDINANCE (CAP. 65)
Motor Vehicle Roadworthiness Test (Amendment) Regulations, 2003
IN exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance, the Minister for Transport and Communications, in consultation with the Malta Transport Authority, has made the following regulations>-

Title.

S.L. 65.15

Amends regulation

2 of the principal regulations.

1. The title of these regulations is the Motor Vehicle Roadworthiness Test (Amendment) Regulations, 2003 and they shall be read and construed as one with the Motor Vehicle Roadworthiness Test Regulations, 1998, hereinafter referred to as “the principal regulations”.
2. Regulation 2 of the principal regulations shall be amended as follows>
(a) the definitions of “Director” and of “Department” shall be deleted<
(b) immediately after the definition of “authorisation” there shall be inserted the following new definition>
“Authorised Officer” means the officer within the Malta Transport Authority who is responsible for the administration of the vehicle roadworthiness test<”<
(c) immediately after the definition of “company” there shall be inserted the following new definition>
“competent authority” and “Authority” mean the Malta Transport Authority established under the Malta Transport Authority Act<”<
(d) immediately after the definition of “commercial vehicle”
there shall be inserted the following new definition>
“Directorate” means the Directorate within the Malta Transport Authority responsible for the administration of the motor vehicle roadworthiness test<”<
(e) immediately after the definition of “prescribed requirements” there shall be inserted the following new definition>
“public highway” means national, arterial, distributor, access and local access roads<”<
(f) immediately after the definition of “station” there shall be inserted the following new definition>
“technical roadside inspection” means an inspection of a technical nature, not announced by the competent authority of certain vehicles circulating on the public highway<”.
3. For the word or words -
i) “Director”, wherever it appears in regulations 2, 8, 9,
10, 11, 12, 13, 14, 15, 17, 19, 22, 25, and in paragraphs (b) and (f) in the Sixth Schedule to the principal regulations shall be substituted by the words “Authorised Officer”<
ii) “Licensing and Testing Department”, wherever it appears in regulation 2 of the principal regulations, shall be substituted by the word “Directorate”<
iii) “Department” wherever it appears in regulations 2,
13, 14, 15, 17, 19, 22, the Third Schedule, the Fourth Schedule, the Fifth Schedule, paragraphs (a), (d), (e), (g), (j) and (p) of the Sixth Schedule, paragraphs (a), (b) and (d) of the Seventh Schedule, and the Title of the Ninth Schedule to the principal regulations shall be substituted by the word “Directorate”.
4. (1) Regulation 9 of the principal regulations shall be renumbered as subregulation (1) of regulation 9 of the principal regulations.
(2) Immediately after subregulation (1) of regulation 9 of the principal regulations as renumbered there shall be inserted the following new subregulation>
“(2) The authorisation referred to in subregulation (1) hereof shall be subject to the payment of two hundred and fifty liri (Lm 250) as an annual licence fee per testing station.”.
5. In subregulation (4) of regulation 13 of the principal regulations, for the words “as specified in the Police Licences Regulations” there shall be substituted the words “of ten liri (Lm 10)”.
B 1861

General amendment relating to Authorised Officer and the Licensing and Testing Directorate.

Amends regulation

9 of the principal regulations.

Amends regulation

13 of the principal regulations.

B 1862

Adds heading to the principal regulations.

Adds new regulations 26 to 29 to the principal regulations.

6. (2) Immediately after regulation 25 there shall be inserted the following heading>
“Part VIII
Roadside Technical Inspection of Certain Vehicles”.
7. (1) Immediately after regulation 25 of the principal regulations there shall be added the following new regulations>

“Classes of vehicles to be subjected to roadside inspections.

Aspects of technical roadside inspections.

Inspection of braking systems and exhaust systems.

Exempted items.

26. Class IIA vehicles (used for the transport of passengers) and Class III vehicles, as defined in the Second Schedule to these regulations, whether registered in Malta or in another country, shall be subjected to random roadside technical inspection when circulating on the public highway in Malta.”.
27. Technical roadside inspections shall comprise one or more of the following aspects>
(a) Visual assessment of the maintenance condition of the vehicle when stationary<
(b) Check of documentation relating to roadworthiness test or most recent technical inspection report<
(c) Inspection of irregularities covering one or more of the items in the checklist in the Tenth Schedule.
28. An inspection of braking systems and exhaust emissions shall be carried out in accordance with rules laid down in the Eleventh Schedule.
29. Items contained in the Tenth Schedule may be exempted from inspection if such items were checked and passed the roadworthiness test or a technical roadside inspection during the preceding three months.”.

Amends the First Schedule of the principal regulations.

8. The First Schedule to the principal regulations shall be amended as follows>
(a) In paragraph A for the words “The requirements issued under the Vehicle Inspectorate of the United Kingdom as contained in the following manuals” there shall be substituted the words “The requirements issued under the Vehicle Inspectorate of the United Kingdom as contained in the following manuals and their subsequent updates and amendments”.
(b) Paragraph B shall be renumbered as paragraph C.
(c) Immediately after paragraph A there shall be inserted the following new paragraph> “ B - the requirements in connection with public service vehicles that may be issued from time to time by the Authority.”.
(d) Immediately after the newly renumbered paragraph C
there shall be inserted the following new paragraph>-
“D. Functional testing of speed limitation devices.
All Class III vehicles that, under the Motor Vehicles (Weights, Dimensions and Equipment) Regulations, 2003, are required to be equipped with a speed limitation device, shall be checked wherever practical, to ensure that the speed limitation devices are fully operational and that the following maximum speed limits are set for the following vehicle categories>
- Commercial vehicles at 86 kph
- Commercial vehicles used nationally for the carriage of dangerous goods at a maximum of 86 kph
- Vehicles used for national transport of passengers at
100 kph.”.
9. The first paragraph of the Sixth Schedule to the principal regulations shall be deleted and the following new paragraph shall be inserted as the first paragraph of the said schedule>
“Operators of testing stations shall sign a contract with the Authorised Officer, in which they agree to accept conditions mentioned hereunder, and provide either>
B 1863

Amends the Sixth Schedule to the principal regulations

i) a bank guarantee of Lm10,000 for each station<
or
ii) a collective bank guarantee of not less than Lm35,000 provided severally between all the stations that elect to give this guarantee,
and, in any case, if in the opinion of the Authorised Officer, the operator would have violated the contract, that same operator shall deposit the amount of Lm5,000 in favour of the Authorised Officer, in the absence of which, the said Officer can take action in order to be paid from the individual or collective guarantee, as the case may be, and the operator shall immediately deposit the sum so that the guarantee is
B 1864

Amends the Eighth Schedule to the principal regulations

Substitutes the Ninth Schedule to the principal regulations.

returned to the original sum< in the case of a second offence, the operator loses the guarantee (Lm10,000) and the Authorised Officer shall withdraw the licence relating to the station.”.
10. The Eighth Schedule of the principal regulations shall be amended as follows>
(a) in Class III, for the words “Motor Vehicles used for the road carriage of goods (commercial vehicles) - g.k.w. is 3,500kgs and 13.00 B” there shall be substituted the words>
“Motor Vehicles used for the road carriage of goods
(commercial vehicles) - g.k.w. is 3,500kgs and
- New 13.00 B
- Other (Second-hand imported vehicles ) 13.00 F ”<
(b) immediately after the words “E. On first registration in Malta, and thereafter according to the above categories” there shall be inserted the following new note>
“F. On first registration in Malta, the vehicle has to be accompanied by either a local VRT passed test certificate or an equivalent certificate (based on the requirements of EU Council Directive 96#96#EC and its subsequent amendments) issued by the competent authority of any State within the European Economic Area. These vehicles are required to be tested annually thereafter.”.
11. For the Ninth Schedule to the principal regulations there shall be substituted the following>
NINTH SCHEDULE
B 1865

(Regulation 19)

Licensing and Testing Directorate Administration Charge
Category of Vehicle Administration Charge
Lm
Class I
Motorcycles and motorcycle combinations 0.35
Class IIA
Midibuses, minibuses and vans (g.v.w. under 3,500 kgs) 1.00
Motor vehicles used for the road carriage of goods
(commercial vehicles - g.v.w. under 3,500 kgs) 1.00
Trailers, semi-trailers and other towed vehicles
(g.v.w. under 3,500 kgs) 1.00
Class IIB
Taxis (g.v.w. under 3,500 kgs) 0.80
Ambulances (g.v.w. under 3,500 kgs) 0.80
Chaffeur driven vehicles (g.v.w. under 3,500 kgs) 0.80
Self-drive vehicles (g.v.w. under 3,500 kgs) 0.80
Other light passenger vehicles (g.v.w. under 3,500 kgs) 0.80
Class III
Routebuses, coaches, private buses, midibuses,
minibuses and vans (g.v.w. is 3,500 kgs and over) 1.20
Motor vehicles used for the road carriage of goods
(commercial vehicles - g.v.w. is 3,500 kgs and over) 1.20
Trailers, semi-trailers and other towed vehicles
(g.v.w. is 3,500 kgs and over) 1.20
Classes I, IIA, IIB and III
All second hand imported vehicles As above according to category”.

Adds new Tenth and Eleventh Schedules to the principal regulations.

12. Immediately after the Ninth Schedule there shall be inserted the following two new schedules>
B 1866
TENTH SCHEDULE

(Regulations 27 and 29)

TECHNICAL ROADSIDE INSPECTION REPORT INCORPORATING A CHECKLIST
1. Place of check ………………………………………………………………..
2. Date …………………………………………………………………………..
3. Time …………………………………………………………………………..
4.Vehicle nationality mark and registration number ……………………………
5.Trailer#semi-trailer nationality mark and registration number ………………….
6. Class of vehicle ………………………………………………………………

(d) ❏ Bus or coach (4)
7. Undertaking carrying out transport#address .…………………………………
8. Nationality ……………………………………………………………………
9. Driver …………………………………………………………………………
10.Checklist

checked not failed

11. Result of inspection>
Ban on using the vehicle, which has serious defects ❏
12. Miscellaneous#remarks
13. Authority#officer or inspector having carried out the inspection
Signature of testing authority#agent or inspector.
B 1867

(1) Motor vehicles with at least four wheels and used for the carriage of goods and having a maximum mass exceeding 3.5 t but not exceeding 12 t (category N2)

(2) Any vehicle intended to be coupled to a motor vehicle, with the exception of semi-trailers, which because of its design and equipment is used for the carriage of goods< trailers of a maximum mass exceeding 3.5 t but not exceeding 10 t (category

03)< trailers of a maximum mass exceeding 10 t (category 04).

(3) Motor vehicle intended for the carriage of goods, with a maximum mass exceeding 3.5 t (categories N2 and N3 coupled to a trailer (categories O3 and O4).

(4) Motor vehicle with at least four wheels used for the carriage of passengers, comprising more than eight seats in addition to the driver’s seat (cat. M2 and M3)

(5) Motor vehicles with a least four wheels used for the carriage of goods and having a maximum mass exceeding 12 t (category N3)

(6) Any vehicle intended to be coupled to a motor vehicle in such a way that part of the semi-trailer rests on the motor vehicle and a substantial part of its weight or of the weight of its load is supported by that vehicle and which, because of its design and equipment, is used for the carriage of goods (categories O3 and O4).

(7) Towing vehicle coupled to a semi-trailer.

(8 Motor vehicles that operate nationally from 1st January 2005

(9) Motor vehicles that operate internationally only

(10) Motor vehicles manufactured after 2002 or from 1st January 2006 for nationally operating vehicles manufactured 1988-2001

B 1868
ELEVENTH SCHEDULE

(Regulation 28)

RULES FOR TESTING AND#OR CHECKING BRAKING SYSTEMS AND EXHAUST EMISSIONS
1. Specific conditions concerning brakes
It is required that every part of the braking system and its means of operation be maintained in good and efficient working order and be properly adjusted. The vehicle’s brakes must fulfil the following braking functions>
(a) For motor vehicles and their trailers and semi-trailers, a service brake capable of slowing down the vehicle and of stopping it safely, rapidly and efficiently, whatever its conditions of loading and whatever the upward or downward gradient of the road on which it is moving<
(b) For motor vehicles and their trailers and semi-trailers a parking brake capable of holding the vehicle stationary, whatever its condition of loading, and whatever the upward or downward gradient of the road.
2. Specific conditions concerning exhaust emissions
2.1 Motor vehicles equipped with positive-ignition (petrol) engines
(a) Where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter which is lambda- probe controlled>
1. Visual inspection of the exhaust system in order to check that there is no leakage<
2. if appropriate, visual inspection of the emission control system in order to check that the required equipment has been fitted<
3. after a reasonable period of engine conditioning (taking account of the vehicle manufacturer’s recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load).
The maximum permissible CO content in the exhaust gases must not exceed the following>
— for vehicles registered or put into service for the first time between the date from which member States required the vehicles to
B 1869
comply with Directive 70#220#EEC(1) and 1 October 1986> CO must not exceed 4.5% vol.
— for vehicles registered or put into service for the first time after
1 October 1986> CO must not exceed 3.5% vol.
(b) where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled>
1. visual inspection of the exhaust system in order to check that there are no leakages and that all parts are complete>
2. visual inspection of the emission control system in order to check that the required equipment has been fitted>
3. Determination of the efficiency of the vehicle’s emission control system by measurement of the lambda value and of the CO content of the exhaust gases in accordance with section 4.
4. Exhaust pipe emissions – limit values
— measurement at engine idling speed> The maximum permissible
CO content in the exhaust gases must not exceed 0.5 % vol.,
— Measurement at high idling speed (no load), engine speed to be at least 2 000 min –1CO content> maximum 0.3 % vol., Lambda> 1 ± 0.03 or in accordance with the manufacturer’s specifications.
2.2 Motor vehicle equipped with compression (ignition) (diesel) engines
Measurement of exhaust gas opacity with free acceleration (no load from idling up to cut-off speed). The level of concentration must not exceed (1) the following limit values of the coefficient of absorption>
— Naturally aspirated diesel engines = 2,5 m -1
— Turbo-charged diesel engines = 3,0 m -1
or equivalent values where use is made of equipment of a type different from that complying with these requirements.
Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements.
B 1870
2.3 Test equipment
Vehicle emissions are tested using equipment designated to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with.

(1) Council Directive 70#220#EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (O) L 76, 6.4.1970, p.1).

Directive as last amended by Commission Directive 1999#102#EC (O) 334, 28.12.1999, p.43).”

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