S.L. 499.74 Art. 12Application and collection of tolls and user charges.       S.L. 65.29.

(1) Tolls and user charges shall be applied and collected by the Authority and their payment monitored in such a way as to cause as little hindrance as possible to the free flow of traffic and to avoid any mandatory controls or checks at Malta’s borders. The Authority shall cooperate with the controlling bodies of other Member States to establish methods for enabling road users to pay tolls and user charges twenty-four (24) hours a day at least electronically or, at the border or at major sales outlets, using common means of payment, inside and outside the Member States in which they are applied.

(2) The Authority shall not be obliged to provide physical points of payment.

(3) The Authority shall ensure that the arrangements for collecting tolls and user charges shall not, financially or otherwise, place non-regular users of the road network at an unjustified disadvantage.

(4) In particular, where the Authority decides to collect tolls or user charges exclusively by means of a system that requires the use of a vehicle on-board unit, it shall ensure that all users can acquire appropriate on-board units compliant with the requirements of the

Motor Vehicles (Interoperability of Electronic Road Tolls System)

Regulations under reasonable administrative and economic arrangements.

(5) Where a driver or, if appropriate, the transport operator or the European Electronic Toll Service (EETS) provider, is unable to provide evidence of the emission class of the vehicle for the purposes of regulations 5(11) and (12), 9 or 10, the Authority may apply tolls or user charges up to the highest level chargeable.

(6) The Authority shall take the measures necessary to ensure that the road user can declare the emission class of the vehicle at least through electronic means before using the infrastructure and may offer electronic and non-electronic means to enable the user to provide evidence in order to benefit from toll reductions or, where appropriate, in the event of a check.

(7) The Authority may require that evidence supplied through electronic means is provided before the infrastructure is used.

(8) The Authority may take the measures necessary to ensure that the provision of evidence subsequent to the use of the infrastructure is accepted for thirty (30) days or a longer period determined by the Authority after the use of the infrastructure and to ensure the reimbursement of any difference between the tolls or user charges applied and the toll or user charge corresponding to the emission class of the vehicle concerned that follows from evidence provided within the applicable time-limit.

(9) Where the Authority levies a toll on a vehicle, the total amount of the toll, the amount of the infrastructure charge, the amount of the external-cost charge, and the amount of the congestion charge, where applied, shall be indicated in a receipt provided to the road user, where possible by electronic means. The road user may agree not to be provided with the receipt.

(10) Where it is deemed to be economically feasible, the Authority shall levy and collect infrastructure charges, external-cost charges and congestion charges by means of an electronic road toll system which complies with the provisions of Article 3(1) of Directive

(EU) 2019/520.