S.L. 65.18 Art. 2Interpretation.

(1) In these regulations, unless the context otherwise requires:

''agricultural tractor'' means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function;

''approved driving instructor'' means an individual who is duly qualified to give driving instruction and who is currently registered as such with the Authority; ''the Authority'' means the Authority for Transport in Malta established under the Authority for Transport in Malta Act; ''authorisation'' means any authorisation in writing by the Authority in terms and for the purposes of these regulations; ''company'' has the same meaning as is assigned to it in article 2

of the Companies Act; ''competent medical authority'' means a medical practitioner or a group of medical practitioners; ''counterpart driving licence'' means a document accompanying the photocard driving licence containing the driver’s personal details, driving entitlements, driving offences and other relevant information; ''CPC'' means the Certificate of Professional Competence issued in accordance with the provisions of Part IV; ''the Directive'' means Directive 2006/126/EC of the European Parliament and the Council on driving licences as amended by Commission Directive 2009/113/EC of 25 August, 2009, Commission Directive 2011/94/EU of 28 November, 2011, Commission Directive 2012/36/EU of 19 November, 2012, Council Directive 2013/22/EU of 13 May 2013, Commission Directive 2013/47/EU of 2 October, 2013, Commission Directive 2014/85/EU of 1 July, 2014, Commission Directive (EU) 2015/653 of 24 April, 2015 and Commission Directive

(EU) 2018/645/EU of the European Parliament and the Council of 18 April, 2018; "Directive 2002/24/EC" means Directive 2002/24/EC of the European Parliament and of the Council relating to the type approval of two or three-wheel motor vehicles;

Directive 2003/59/EC" means Directive 2003/59/EC of the European Parliament and of the Council relating on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation

(EEC) No. 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC; ''driver'' means, for the purposes of Part IV, a driver who is a national of Malta, or a national of another Member State or a national of a third country who is employed or used by an undertaking established in Malta;

''driving disqualification'' means any measure related to the commission of a road traffic offence which results in the withdrawal or the suspension of the right to drive of a driver of a motor vehicle and which disqualification shall not be subject to a right of appeal. The measure may constitute either a primary, secondary or supplementary penalty or a safety measure and may have been taken either by a judicial authority or by an administrative authority;

''dual control system'' means a system with double clutch controls and double foot brake controls and which may include two steering wheels; ''electric kick scooter'' or ''e-kickscooter'' means a stand-up device that has a handlebar, a deck and small hard wheels powered by an electric motor and which also allows for human propulsion; "European Economic Area" has the meaning assigned to it in the European Economic Area Agreement between the European Union and the European Free Trade Area signed in Oporto, on 2 May 1992; "European Union" has the same meaning assigned to it in the European Union Act; ''European Union driving licence'' a driving licence issued by a competent authority responsible for the issuing of driving licences in any Member State of the European Economic Area; ''examination of ability to give instruction'' means the examination referred to in regulation 68(1) and the nature of which is prescribed in the Eleventh Schedule;

''full driving licence'' means a driving licence which is not a probationary driving licence;

''learner’s permit'' means a temporary licence which allows a person to drive a motor vehicle under instruction; ''licensed operator'' means an individual, partnership or company licensed by the Authority in accordance with these regulations to operate a motoring school; "light quadricycle" has the same meaning assigned to it in Article 1(3)(a) of Directive 2002/24/EC; "M1 motor vehicle" means a vehicle used for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat;

"M2 motor vehicle" means a vehicle used for the carriage of passengers, comprising more than eight seats in addition to the driver’s seat, and having a maximum mass not exceeding 5 tonnes; "M3 motor vehicle" means a vehicle used for the carriage of passengers, comprising more than eight seats in addition to the driver’s seat, and having a maximum mass exceeding 5 tonnes; ''maximum authorised mass'' means the maximum technically permissible laden mass of a motor vehicle as stated by the manufacturer;

''medical certificate'' means a certificate issued by a competent medical authority based on the standards indicated in the Eighth Schedule; ''Member State'' means a Member State of the European Union or member of the European Economic Area; ''minimum test vehicle'' means, in relation to any category or sub-category, a vehicle of a specification shown in relation to the category or sub-category in the Third Schedule; ''Minister'' means the Minister responsible for transport; ''moped'' shall have the same meaning given to it in Article 1(2)(a) of Directive 2002/24/EC; "motor cycle" means any two-wheeled vehicle, with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50cm³ if of the internal combustion type and, or having a maximum design speed of more than 45km per hour, and including a motor tricycle; ''motor vehicle'' means any vehicle propelled by mechanical power and includes a motorcycle, an e-kickscooter and, or a moped; "motor vehicle for hire" means a motor vehicle which is registered and licensed to be hired or leased from a vehicle hire services operator, and for the purpose of being driven by such hirer or lessee in accordance with the Light Passenger Transport Services and Vehicle Hire Services Regulations; "motor tricycle" means a vehicle with three symmetrically arranged wheels as defined in Article 1(2)(c) of Directive 2002/24/ EC;

"N1 motor vehicle" means a vehicle used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;

"N2 motor vehicle" means a vehicle used for the carriage of goods and having a maximum mass exceeding 3.5 tonnes but not exceeding 12 tonnes;

"N3 motor vehicle" means a vehicle used for the carriage of goods and having a maximum mass exceeding 12 tonnes;

''normal residence'' means the place where a person habitually lives, for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living:

Provided that, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence; ''partnership'' includes an association, not registered under the Companies Act, between two or more persons; "Petitions Board" means the Petitions Board established by regulation 3 of the Petitions (Local Tribunals) Regulations; ''photocard driving licence'' means a credit card format document which displays the driver’s photograph, details, signature and driving entitlements; ''power to weight ratio'', in relation to a motorcycle, means the ratio of the maximum net power output of the engine of the vehicle to its weight, including the weight of any sidecar, with -

(a) full supply of fuel in the tank,

(b) an adequate supply of other liquids needed for its propulsion, and

(c) no load other than its normal equipment, including loose tools; ''power-driven vehicle'' means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle; ''probationary driving licence'' means a licence granted to new drivers for a probationary period of not more than three years at the time of passing their theory test and the test of skills and behaviour in respect of Categories A and B vehicles;

''public highway'' means national arterial, distributor, access and local access roads;

''public transport vehicle'' means any motor vehicle authorised by the Authority to carry passengers for hire and/or reward;

"quadricycle" has the same meaning assigned to it in article 1(3)(b) of Directive 2002/24/EC;

''State of residence'' means the State within the territory of which the person who has been disqualified from driving has his normal residence: ''State of the offence'' means the State within the territory of which the road traffic offence that has given rise to a driving disqualification was committed; "surrender of a driving licence" means the wilful decision by the holder of a valid driving licence who satisfies the requirements established by the Authority under a scheme which may be in place from time to time to return such driving licence to the Authority and to commit not to request the issuance of a new driving licence for such period as may be established by the Authority under such scheme; "surrender period" means the period established under any scheme which may be issued by the Authority from time to time during which a holder of a valid driving licence shall be precluded from driving any vehicle in Malta or in any other country following the surrender of a driving licence, which period is to be reckoned from the date of surrender of his driving licence; ''test of continued ability and fitness to give instruction'' means the test referred to in regulation 69 and the nature of which is prescribed in the Twelfth Schedule;

''third country'' means a country which is not a Member State; ''Tribunal" means the Administrative Review Tribunal established by article 5 of the Administrative Justice Act; ''under instruction'' means accompanied and supervised by either an approved driving instructor or a driver with at least five years experience in respect of the particular class of vehicle which the learner is driving; ''valid driving licence'' means a driving licence issued either by the Authority, under the provisions of these regulations, or issued by another country which is recognised by the Authority and provided that the said licence -

(a) is neither suspended, withdrawn or cancelled,

(b) covers the category of vehicle being driven, and

(c) is used by its holder in conformity with any conditions included on the driving licence;

''vehicle with automatic transmission'' means a vehicle in which the gear ratio between the engine and the wheels can be varied only by use of the accelerator or the brakes.

(2) These regulations transpose the following:

(a) Directive 2002/24/EC of the EuropeanParliament and of the Council relating to the type approvalof two or three-wheel motor vehicles;

(b) Directive 2006/126/EC of the EuropeanParliament and the Council on driving licences as amendedby Commission Directive 2009/113/EC of 25 August,2009;

(c) Commission Directive 2011/94/EU of 28 November, 2011 of 25 August 2009 amending Directive2006/126/ EC of the European Parliament and of theCouncil on driving licences;(d) Commission Directive 2012/ 36/EU of 19November, 2012, of 19 November 2012 amendingDirective 2006/126/EC of the European Parliament and ofthe Council on driving licences;

(e) Council Directive 2013/22/EU, of 13 May 2013adapting certain directives in the field of transport policy,by reason of the accession of the Republic of Croatia;

(f) Commission Directive 2013/47/EU of 2October, 2013, of 2 October 2013 amending Directive2006/ 126/EC of the European Parliament and of the Council on driving licences;

(g) Commission Directive 2014/85/EU of 1 July,2014 of 1 July 2014 amending Directive 2006/126/EC ofthe European Parliament and of the Council on driving licences;

(h) Commission Directive (EU) 2015/653 of 24April, 2015 amending Directive 2006/126/EC of theEuropean Parliament and of the Council on driving licences; and

(i) Commission Directive (EU) 2016/1106 of 7July 2016 amending Directive 2006/126/EC of theEuropean Parliament and of the Council on driving licences.