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S.L. 65.32 · Micromobility Regulations (S.L. 65.32)

S.L. 65.32 Art. 27Offences and penalties. 

In KraftAmtlicher Text

(1) Any person who contravenes the provisions of regulation 3(3) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of five hundred euro (€500).

(2) Any person who contravenes the provisions of regulation 4 shall be guilty of an offence and shall, on conviction, be liable:

(a) in the case of a first offence, to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) but not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (€4,658.75) or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment;

(b) in the case of a second offence, to a fine (multa) of not less than four thousand and six hundred and fifty-eight euro and seventy-five cents (€4,658.75) but not exceeding five thousand and eight hundred and twenty-three euro and forty-three cents (€5,823.43) or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment;

(c) in the case of a third or subsequent offence, to a fine (multa) of not less than five thousand and eight hundred and twenty-three euro and forty-three cents (€5,823.43) but not exceeding six thousand and nine hundred and eighty-eight euro and twelve cents (€6,988.12) or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment, and

(i) where the offence consists in the use of an e-kickscooter on a road by a person who is the owner of the e-kickscooter or by a member of his family or other person registered under the same address as the owner of the e-kickscooter, the court shall, in addition to the punishments laid down in this sub-paragraph, order the forfeiture of the e-kickscooter;

(ii) where the offence, as aforesaid, is committed by any other person, the court shall, in addition to the punishments laid down in this sub-paragraph, impose a further fine (multa) equivalent to the value of the e-kickscooter.

(2A) Any person convicted of an offence under this regulation shall (unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification) be disqualified from holding or obtaining a driving licence for a period of twelve months from the date of the conviction:

Provided that if the execution of the judgment ordering the conviction is stayed in view of the declared intention of the person convicted to enter an appeal against such judgment, the period of disqualification shall commence to run –

(a) if it is confirmed or reduced by the judgment of the Court of Criminal Appeal, from the date of such judgment;

(b) if an application of appeal is not filed within the time established by law, from the day next following the day on which such time expires;

(c) if the appeal is withdrawn by note, from the day when such note is filed in the court or, if the appeal is otherwise abandoned after the filing of the application of appeal, from such day as the Court of Criminal Appeal shall, on application of the Commissioner of Police or of the Authority for Transport in Malta, establish.

(2B) The provisions of article 21 of the Criminal Code and of the Probation Act, shall not apply in respect of any offence against the provisions of this regulation.

(2C) Notwithstanding any enactment prescribing a time within which proceedings may be brought before any court, proceedings for an offence under this sub-regulation may be brought –

(a) within a period of six months from the date of the commission of the alleged offence; or

(b) within a period which exceeds neither three months from the date on which it came to the knowledge of the prosecution that the offence had been committed or one year from the date of the offence, whichever period is the longer.

(3) Any person who contravenes the provisions of regulation 5(1) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding one thousand and two hundred euro (€1,200) or to imprisonment not exceeding one year and the court shall, in addition to the punishment established in this sub-regulation, disqualify the offender from holding or obtaining a driving licence, in the case of a first conviction for a period of not less than three months, and in the case of a second or subsequent conviction, for a period of not less than one year and the proviso to sub-regulation (2A) shall apply mutatis mutandis.

(4) Any person who makes use of a registration plate or sticker on an e-kickscooter other than that allotted by the Authority shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding one thousand and two hundred euro (€1,200) or to imprisonment not exceeding six months, or to both such fine and imprisonment.

(5) Any person who contravenes the provisions of regulation 8(a) or (c) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of two hundred euro (€200).

(6) Any person who contravenes the provisions of regulation 8(b) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of five hundred euro (€500).

(7) Any person who contravenes the provisions of regulation 9 shall be guilty of an offence and shall, on conviction, be liable -

(a) to a fine (ammenda) of thirty-four euro and ninety-four cents (€34.94) and the imposition of three penalty points in terms of regulation 40 and the Sixth Schedule of the

Motor Vehicles (Driving Licences) Regulations if the excessive speed is up to 5 kilometers per hour over the maximum speed limit established in regulation 9; and

(b) to a fine (ammenda) of sixty-nine euro and eighty-

eight cents (€69.88) and the imposition of six penalty points in terms of regulation 40 and the Sixth Schedule of the Motor Vehicles (Driving Licences) Regulations if the excessive speed is more than 5 kilometers per hour over the maximum speed limit established in regulation 9.

(8) Any person who contravenes the provisions of regulations 10, 11, 12, 13 or 14 shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of not less than fifty euro (€50) but not exceeding one hundred euro (€100).

(9) Any person who contravenes the provisions of regulation 15 shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of two hundred euro (€200).

(10) Any person who contravenes the provisions of regulation 16 shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of three hundred euro (€300).

(11) Any person who contravenes the provisions of regulation 17, 18, or 19 shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of one hundred euro (€100).

(12) Any person who contravenes the provisions of regulation 20 shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of two hundred euro (€200).

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(13) Any person who contravenes the provisions of regulation 24(3) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than two thousand euro (€2,000) but not exceeding ten thousand euro (€10,000).

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(14) Any person who contravenes the provisions of regulation 25 shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than five hundred euro (€500) but not exceeding two thousand euro (€2,000).

Änderungsgeschichte
  • Amended by L.N. 275 of 2023