Cap. 65 · LAWS OF MALTA (Cap. 65)
Cap. 65 Art. 55Offences against regulations.
(1) Saving any other provision of this Ordinance, any
person who commits an offence against any regulation made under
article 54 shall, on conviction, be liable to the punishments laid
down for contraventions in the Criminal Code but any such
punishment shall in no case be less than a fine (ammenda) of eleven
euro and sixty-five cents (11.65):
Provided that, in the case of an offence set out in the first
column of the First Schedule to this Ordinance, the punishment awardable shall be that shown in the second column thereof and, in
the case of an offence set out in the first column of the Second
Schedule to this Ordinance, the punishment awardable shall in no
case be less than the relative fine shown in the second column
thereof.
(2) On conviction for any offence against such regulation the court shall, at the instance of the prosecution, in addition to the punishment under subarticle (1), disqualify the offender for holding or obtaining a driving licence or a licence in respect of the motor vehicle driven by him at the time of the offence for a period of not less than eight days.
(3) Whenever an offence against the provisions of any regulations made under article 54 has been committed and the offence is one of the offences set out in the first column of the Second Schedule to this Ordinance, the owner of the motor vehicle or, when the registered user is different from the owner, the registered user, or, in the case of a self-drive car, the person to whom it was hired, shall be responsible for the offence unless -
(a) prior or during the proceedings he reveals the name of the person who committed the offence and that person admits with the Police to have committed the offence, or is found guilty by the court of having committed such an offence;
(b) he proves before the court that the motor vehicle had been used without his permission or authority or without the permission or authority of the person who had the temporary use thereof with the permission of the said owner or registered user or hirer, and reveals the identity of the person committing the offence, if known to him:
Provided that in the case of a self-drive car the owner thereof shall be responsible for the offence unless the relative fine has been paid.
(4) Saving the provisions of sub-article (2), where the offence consists in the contravention of any such regulation dealing with the emission of smoke, grit, dust, ashes or oily substances from any motor vehicle, the court shall, at the instance of the prosecution, in addition to the punishment under sub-article (1), suspend for a period of not less than eight days the licence relative to the motor vehicle in respect of which the offence has been committed even though such motor vehicle was not, at the time of the offence, being driven by the licensee.
Änderungsgeschichte
- Amended by L.N. 408 of 2007