Malta's Driving Licence System
New drivers in Malta are awarded a probationary driving licence which is valid for 3 years. After the lapse of the 3 years a full driving licence is issued, which expires every 10 years. Driving licences are subject to a penalty point system, whereby the points as assigned by the Motor Vehicles (Driving Licenses) Regulations (hereinafter "the Regulations") are enforced by the Court of Magistrates or the Commissioner of Justice.
A driving licence shall be revoked once a person has accumulated 12 points or more. When a driving licence has been revoked for the first time, the person is required to return his driving licence to Transport Malta. He may then collect his driving licence upon the expiration of 2 months from the date of revocation, without the need to sit for a driving test.
When a driving licence has been revoked for a third time within a period of 5 years, the person shall only be able to apply for a new licence by virtue of completing the driving test. The driving test consists of the theory test and the test of skills and behaviour (practical test).
The Regulations also allow a driver to take a theory test, and if successfully passed, the driver's points will be reduced by half. However, only drivers with 11 points or less are eligible to takes this test and have their points halved.
Driving offences may require a driver to appear before the Court of Magistrates or a Commissioner of Justice which shall have the ability to confiscate the driving licence if an aggregate of 12 points is reached. Nonetheless, such confiscation shall not come to effect in the event that the convicted person declares in front of the Court of Magistrates or Commissioner of Justice that he intends to appeal the judgement. This declaration is to be made in writing and filed in the records of the court or tribunal.
If a contravention is issued to the owner of a vehicle instead of the driver at the time of the offence, the owner can submit a declaration identifying the actual driver. This declaration must be uploaded within specific timeframes: within 60 days from the date of issue if the contravention is unpaid; within one year from the date of payment if the contravention has been paid; or within one year from the date of a tribunal judgment if the contravention has already been adjudicated.
The Prosecutor, when a citation is in front of the designated Tribunals, shall be any person appointed by the Local Enforcement System Agency ("LESA") to prosecute on their behalf. The prosecutor and the driver both shall have the possibility to lodge an appeal before the Court of Magistrates as a Court of Appeal.
Nonetheless, a person who has had his driving licence confiscated may lodge a petition in front of the Petitions Board as a means of final attempt. There shall also be a list of grounds on the basis of which an Authority is to accede to a request on the success thereof. The success thereof may bring the reduction of fines or the person is given another opportunity to contest their case in front of the Tribunal.
Therefore, the Petitions Board and the Tribunal are two co-existing methods of contesting contraventions. The differences being that the Tribunal requires the presence of the parties, and the Petitions Board does not; and that the Petitions Board is more limited than the Tribunal when it comes to forgiveness of fines.
Operators of a motoring school are also subject to the Regulations. Applications for the operations shall be in accordance with the Regulations, with the possibility of lodging an appeal in front of the Administrative Review Tribunal for rejected applications. It shall also be possible to lodge an appeal in front of this said Tribunal when an authorisation for a motoring school is revoked.
In conclusion, Malta's driving license system establishes a structured approach to road safety through the implementation of probationary licences, penalty point regulations, and revocation procedures. The system provides clear pathways for drivers to address infractions, including options to reduce penalty points and the ability to appeal decisions. With avenues for appeal available before the Court of Magistrates, the Commissioner of Justice, and the Petitions Board, as well as provisions for motoring school operators to challenge decisions, the regulatory framework balances enforcement with opportunities for recourse. This comprehensive structure facilitates authoritative accountability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
