Cap. 104 Art. 3Users of motor vehicles to be insured against third-party risks.

(1) Subject to the provisions of this Ordinance, it shall not be lawful for any person to use or to cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance in respect of third-party risks as complies with the requirements of this

Ordinance.

(1A) It shall be presumed that there was not a policy of insurance in force in terms of subarticle (1), unless the person charged with an offence under subarticle (1) shall show the contrary through the production of a certificate of insurance issued under article 4(4).

(1B) It shall be a valid defence, in prosecution for an offence under subarticle (1), for the defendant to prove that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.

(2) If a person acts in contravention of this article he 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-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 a motor vehicle on a road by a person who is the owner of the motor vehicle or an employee of, or a member of the family of and living with, the owner of the motor vehicle, when there is not in force a policy of insurance in respect of such vehicle as complies with the requirements of this Ordinance, the court shall, in addition to the punishments laid down in this sub-paragraph, order the forfeiture of the motor vehicle;

(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 motor vehicle.

(2A) A person convicted of an offence under this article 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; 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 article.

(3) Notwithstanding any enactment prescribing a time within which proceedings may be brought before any court, proceedings for an offence under this article 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 nor one year from the date of the offence, whichever period is the longer.

(4) This article shall not apply -

(a) to any motor vehicle owned by the Government of Malta when such vehicle is used and employed exclusively in the service of the Government of Malta;

(b) to any specified class of motor vehicles to which or to certain natural or legal persons, whether public or private, to whom the Minister responsible for transport shall by regulation direct that this article shall not apply: Provided that any loss or injury caused in Malta or in the territory of a designated State by a motor vehicle belonging to a natural or legal person, whether public or private, in respect of whom a derogation is provided under this Ordinance from the application of subarticle (1), shall be compensated according to criteria and procedures to be prescribed by regulations by the Minister responsible for Transport made under this article.