S.L. 499.74 Art. 3Introduction of tolls and, or user charges on Malta’s road network.

(1) The Authority shall be the entity which shall be charged with the introduction and maintenance of tolls and user charges on Malta’s trans-European road network or on certain sections of that network, and on any other additional sections of Malta’s network of motorways which are not part of the trans-European road network in the event that Malta decides to introduce tolls and, or user charges in Malta in accordance with the conditions laid down in sub-regulations (4) to (11) and in regulations 4 to 12.

(2) In the case of the introduction of tolls and, or user charges on Malta’s road network, such tolls and user charges shall be applied in conformity with Directive 1999/62/EC and TFEU, and in a manner which does not discriminate against international traffic, and which does not result in the distortion of competition between operators. Tolls and user charges applied on roads other than roads belonging to the trans-European road network and other than motorways, shall comply with the conditions laid down in regulation USER CHARGES TO VEHICLES

4(4) and (5), and in regulation 12(1) to (4) and (10).

(3) In such case, tolls and user charges for different categories of vehicles, such as heavy-duty vehicles, heavy goods vehicles, coaches and buses, light-duty vehicles, light commercial vehicles, minibuses and passenger cars, may be introduced or maintained independently from each other:

Provided that should such a charge be introduced on passenger cars, this shall also apply to light commercial vehicles.

(4) In the event of the introduction of tolls and user charges on the road network in Malta, no category of vehicles may be charged both tolls and user charges for the use of a single road section:

Provided that if a system of user charges is introduced for the use of the road network, a separate toll may also be applied for the use of bridges and tunnels where one or both of the following conditions is met:

(a) application of regulation 6(7), regulation 9(1) to (6), and regulation 10(8) and (9) would not be technically practicable to introduce such differentiation in the tolling system concerned; and, or

(b) application of regulation 6(7), regulation 9(1) to (6), and regulation 10(8) and (9) would lead to diversion of the most polluting vehicles, with negative impacts on road safety and public health:

Provided further that in the case that the Authority decides not to apply the provisions referred to in paragraph (b) of the first proviso, it shall be obliged to notify the Commission of its decision.

(5) In the case that the Authority elects to introduce and maintain tolls and user charges on the road network in Malta, it shall be obliged to ensure that the tolls and user charges so introduced, do not whether directly or indirectly, discriminate on the grounds of:

(a) the nationality of the road user;

(b) the Member State or the third country of establishment of the transport operator;

(c) the Member State or the third country of registration of the vehicle; or

(d) the origin or destination of the transport operation.

(6) With regard to certain road sections, reduced tolls or user charges may be applied or completely excluded, in particular where traffic intensity is low in sparsely populated areas.

(7) The Authority may apply reduced tolls or user charges, or exemptions from the obligation to pay tolls or user charges for:

(a) heavy-duty vehicles exempted from the requirement to install and use recording equipment in accordance with Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation

(EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport;

(b) heavy goods vehicles with a technically permissible maximum laden mass exceeding three point five (3.5) tonnes and less than seven point five (7.5) tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of the driver’s work, or for delivering goods which are produced on a craft basis, where the transport is not effected for hire or reward;

(c) any exempted vehicle, or any vehicle used or owned by persons with disabilities; and

(d) zero-emission vehicles with a technically permissible maximum laden mass up to four point two five (4.25) tonnes.

(8) With effect from 25 March 2030, the Authority shall not apply user charges for heavy-duty vehicles on the core trans-European transport network.

(9) Without prejudice to sub regulation (9), the Authority may apply user charges for heavy-duty vehicles on sections of the core trans-European transport network but only in duly justified cases when applying a toll would:

(a) involve disproportionate administrative, investment and operating costs compared to the expected revenue or benefits, which such a toll would generate, for example due to the limited length of the road sections concerned or the relatively low population density or the relatively low traffic; or

(b) lead to the diversion of traffic with negative impacts on road safety or on public health: USER CHARGES TO VEHICLES

Provided that before applying such user charges, the Authority shall notify the Commission of its intention to do so. That notification shall include the reasons justifying, in light of sub-regulation (9), the application of the user charge based on objective criteria and clear information on the vehicles and road sections covered by the user charge:

Provided further, that the Authority may submit one (1) notification for more road sections covered by the exemptions, provided that the justification is included for each section.

(10) In the case that the Authority chooses to introduce and maintain tolls and user charges on the road network in Malta prior to the 25th March 2027, until such date, with regard to heavy goods vehicles, tolls or user charges may only be applied to heavy goods vehicles with a technically permissible maximum laden mass of not less than twelve (12) tonnes where it considers that levying tolls or user charges to heavy goods vehicles of less than twelve (12) tonnes would:

(a) create significant adverse effects on the free flow of traffic, the environment, noise levels, congestion, health, or road safety, due to traffic diversion;

(b) involve administrative costs of more than fifteen percent (15%) of the additional revenue resulting from that extension; or

(c) concern a category of vehicles which does not cause more than ten percent (10%) of the chargeable infrastructure costs:

Provided that if Malta chooses to apply tolls or user charges or both only to heavy goods vehicles with a technically permissible maximum laden mass of not less than twelve (12) tonnes, it shall inform the Commission of its decision together with the reasons upon which such decision is based.

(11) In the case that tolls are applied to all heavy-duty vehicles, the Authority may choose to recover different percentages of costs from coaches, buses and motor caravans, on the one hand, and from heavy goods vehicles, on the other hand.