S.L. 499.74 Art. 8Congestioncharge.

(1) The Authority may, in accordance with the requirements set out in the Fifth Schedule, introduce a congestion charge on any section of the road network in Malta which is affected by congestion. The congestion charge may only be applied on those road sections which are regularly congested and only during the periods when they are typically congested.

(2) If it elects to introduce such congestion charge, the Authority shall specify the road sections and time periods referred to in sub-regulation (1) based on objective criteria related to the level to which the roads and their vicinities are affected by congestion, measured, in terms of average delays or queue lengths. inter alia, USER CHARGES TO VEHICLES

(3) If such congestion charge is imposed on any section of the road network in Malta, it shall be applied in a non-discriminatory manner to all vehicle categories, in accordance with the standard equivalence factors set out in the Fifth Schedule.

(4) The Authority may, however, exempt, partially or fully, minibuses, buses and coaches from congestion charge for the promotion of collective transport and socioeconomic development and territorial cohesion. Motor caravans, irrespective of their technically permissible maximum laden mass, shall not be treated as coaches and buses for the purpose of this sub-regulation.

(5) The congestion charge shall be set in accordance with the minimum requirements referred to in the Fifth Schedule. It shall reflect the costs imposed by a vehicle on other road users, and indirectly on society, and shall respect the reference values set out in the Sixth Schedule for any given road type.

(6) If the Authority decides to apply congestion charges higher than the reference values set out in the Sixth Schedule, it shall notify the Commission in accordance with the requirements referred to in the Fifth Schedule.

(7) If such congestion charges is imposed, the revenues from such charges are to be used to address the problem of congestion, or to develop sustainable transport and mobility in general. Where such revenues are allocated to the general budget, it shall be deemed to have been applied to develop sustainable transport and mobility if such revenues are used to implement financial support policies to address the problem of congestion or to develop sustainable transport and mobility.

(8) The Authority shall put in place adequate mechanisms for monitoring the impact of congestion charges and for reviewing the level thereof. The Authority shall review the level of charges regularly, at least every three (3) years, to ensure that they do not exceed the costs of the congestion occurring in Malta on the road sections subject to the congestion charge.