S.L. 368.2 Art. 6Registration of used motor vehicles.

(1) Every used motor vehicle imported or brought into

Malta by a person who is a resident of Malta or has his normal residence in Malta or has his principal place of business in Malta, and every rebuilt and amateur built motor vehicle which is classified as a used vehicle shall be registered with the Authority.

(2) A person who imports or brings into Malta a used motor vehicle as provided for under this regulation shall file an application and provide all the relevant documents as provided for in sub-regulation (4), for the registration of the said vehicle with the Authority within thirty days from the motor vehicle’s arrival in Malta.

(3) Where a person, who is not an authorised dealer, fails, for unjustified reasons, to comply with the preceding sub-regulation he may be liable to an administrative fine of thirty euro (€30) for each day that vehicle remains not registered on the expiry of the thirty-day period referred to in sub-regulation (2):

Provided that no such administrative fine shall be paid where the vehicle is an agricultural tractor.

(4) For the purpose of registering an imported used motor vehicle or a used motor vehicle which had been brought into Malta or a rebuilt motor vehicle or an amateur built vehicle, the owner or importer or authorized dealer of that vehicle shall be required to submit to the Authority the Registration Form for Used Vehicles (VEH 01), duly completed, together with the following documents:

(a) a vehicle registration certificate or an export certificate and, where appropriate, an English or Maltese translation thereof, issued by the competent authority of the country from where the vehicle has been registered and imported or brought into Malta,

(b) in the case of M2, M3, N1, N2, N3, O1, O2, O3 and O4 vehicles an invoice showing the price, chassis number, engine capacity and maximum authorised mass, a declaration of origin and technical data or specifications,

(c) certificate of roadworthiness issued in terms of the Motor Vehicle Roadworthiness Test Regulations,

(d) motor insurance policy,

(e) inspection form issued by the Authority upon the valuation of the vehicle, where applicable,

(f) Single Vehicle Type approval certificate in the case of an M1 vehicle or a cycle imported from a third country, unless such M1 vehicle or cycle has a valid certificate of conformity: Provided that a used M1 vehicle or a cycle that is imported into Malta from the United Kingdom on or after the 1st January 2021 and that was already registered in st the United Kingdom on or before the 31 December 2020 shall be exempted from this requirement,

(g) Single Vehicle Type approval certificate based on standards established by the Authority in the case of used 4-wheel-drive N1 vehicles with a maximum authorised mass of up to 3,000 kgs imported from a third country, unless such vehicles have a valid certificate of conformity, and in the case of rebuilt or amateur built motor vehicles: Provided that a used 4-wheel-drive N1 vehicle with a maximum authorised mass of up to 3,000 kgs that is imported into Malta from the United Kingdom on or after the 1st January 2021 and that was already registered in the United Kingdom on or before the 31st December 2020 shall be exempted from this requirement,,

(h) in the case of M1 and N1 vehicles imported from a third country, documentation approved by the Authority and which shows that the vehicle has an authentic odometer reading,

(i) in respect of M1 vehicles purchased from another Member State and brought into Malta on the 1st April, 2011 or thereafter, a documentation approved by the Authority showing the vehicle’s authentic odometer reading: Provided that where a Certificate of Authenticity is not provided, the Authority may always request any additional documentation besides the documentation submitted by the applicant and may also carry out any checks and verifications in order to confirm the authenticity of the odometer reading: Provided further that the Authority may verify the odometer reading of any used vehicle brought into Malta from another Member State on or after the 1st January, 2010, with any approved body and where it results that a discrepancy exists between the vehicle’s actual odometer reading recorded at inspection stage by the Authority and the authentic certificate, the registered owner of the vehicle shall pay -

(i) the additional registration tax due being the difference between the registration tax paid upon the registration of the vehicle and the registration tax which would have been due if the discrepancy did not exist, and

(ii) an administrative fine, to the Authority, which shall be equal to the amount of the additional registration tax as specified under sub-paragraph (i),

(j) a legally valid identification document issued in terms of the Identity Card and other Identity Documents Act, or some other legally valid identification document or a residence permit document issued in terms of the

Immigration Act;

(k) a document attesting the date of the vehicle’s first arrival in Malta, together with the fiscal receipt, bearing the same date, issued in terms of the Value Added Tax Act specifying the foreign registration number of the vehicle, both of which are to be issued by the shipping organization having transported the vehicle to Malta.

(5) Before registering a used motor vehicle brought into Malta from another member State, or a rebuilt or amateur built motor vehicle, the Authority shall carry out a verification to confirm that the motor vehicle details are consistent with those in the registration certificate, and to establish the registration value of the motor vehicle where applicable, for which there shall be charged an administrative fee of fifty-five euro (€55). The Authority may as part of that verification, require the owner of the said motor vehicle, to produce the vehicle for an inspection and, or to produce other documentation as necessary.

(6) The registration of an imported used motor vehicle or a used motor vehicle which had been brought into Malta, or a rebuilt or amateur built motor vehicle shall be made by the Authority upon -

(a) the payment by the owner, importer or authorized dealer of an administrative fee of fifteen euro (€15) payable to the Authority,

(b) the payment by the owner, importer or authorised dealer of any fines incurred by the motor vehicle in question in Malta;

(c) the presentation of the documents mentioned in sub-regulation (4) and upon payment of the prescribed vehicle registration tax, if the vehicle is acquired from a Member State, or it is a rebuilt or amateur built motor vehicle, and

(d) the presentation of the documents mentioned in sub-regulation (4) and upon payment of the prescribed import duty under the Import Duties Act, and the prescribed vehicle registration tax, if the vehicle is acquired from a third country: Provided that where the application for the registration of a motor vehicle under this regulation is made online, the administrative fee payable to the Authority under this sub-regulation shall be of ten euro (€10) and where such application for registration is made by a motor vehicle importer, agent or dealer on behalf of the purchaser, the importer, agent or dealer shall give to the purchaser the original receipt issued by the Authority for the payment of the said administrative fee. Where an importer, agent or dealer fails to give the said receipt to the purchaser, he shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of one hundred euro (€100): Provided further that the Authority shall have the right to refuse the registration of an imported used motor vehicle or of a used motor vehicle which has been brought into Malta in the event that the recorded history of such vehicle shows that it had suffered irreparable damage.

(7) An imported used motor vehicle or a used motor vehicle which had been brought into Malta may be used on the road, prior to registration by the Authority, from the port of entry to the place where it is to be garaged until it is so registered and licensed, and to and from a garage for repairs thereon if the vehicle, on inspection, fails the roadworthiness test if that vehicle has a valid registration, carries the registration plate issued in the country where it had previously been registered and is covered by an insurance policy. That vehicle may also be driven if it carries a ‘Trial Run’ plate in accordance with regulation 36.

(8) Where an imported used motor vehicle or a used motor vehicle which has been brought into Malta does not satisfy the provisions of this regulation, or where the Authority has sufficient evidence showing that such motor vehicle is not safe to be used on the road, the said motor vehicle shall not be registered and shall be re-exported or disposed of within such time and under such conditions as the Authority may determine.

(9) Where the motor vehicle is not re-exported or disposed of as provided for in sub-regulation (8) or where the motor vehicle has not been submitted for examination in accordance with the provisions of sub-regulation (6), the Authority may take possession of the vehicle and may remove it from the place where it is kept to a place designated by it, and the owner shall be liable to pay the Authority a removal fee and a storage fee as established in the Clamping and Removal of Motor Vehicles and Encumbering

Objects Regulations, and an administrative fine of thirty-five euro (€35).

(10) Where the Authority, by virtue of this regulation, refuses to register a vehicle, it shall give notice of its decision to the person who appears to it to be the owner, importer or authorized dealer of the vehicle.

(11) Where the Authority refuses to register a motor vehicle, the person who appears to be the owner, importer or authorized dealer may appeal to the Administrative Review Tribunal, in accordance with the procedure laid down under the Administrative Justice Act.

(12) (a) Without prejudice to sub-regulation (9), where the Authority has reasonable suspicion that a motor vehicle is on the road in breach of the provisions of regulation 3, the Authority may take possession of, remove and store the said vehicle in accordance with the Clamping and Removal of Motor Vehicles and

Encumbering Objects Regulations, and shall request the Commissioner of Police to institute criminal proceedings against the registered owner or possessor of the same.

(b) Such vehicle shall not be returned to its registered owner or possessor, unless and until he has been acquitted by the Court of the alleged offence, or has remedied his position at law and settled any registration tax and other fees which may be payable, including the removal and storage fees stipulated by the said Clamping and Removal of Motor Vehicles and

Encumbering Objects Regulations, and an administrative fee of thirty-five euro (€35).

(c) Acquittal from the charges pressed against the owner or possessor of the vehicle shall not give rise to a right to claim damages against the Authority or the Commissioner of Police, or both, unless it can be proven that the Authority acted in bad faith when it requested the removal of the vehicle:

Provided that prosecution for the offence in question is initiated not later than fourteen days after the date of removal, and where the registered owner or possessor of the vehicle is not known, the fourteen day period shall commence to run from the day when the owner or possessor is identified.