Cap. 368 Art. 21Offences and penalties. 

(1) Any person who -

(a) without the authorization of the Authority or in violation of any condition under which such authorization may have been granted has in his possession, uses or allows to be used or sells or otherwise transfers or takes out or allows to be taken out of any customs bond or removes or allows to be removed from any place where a motor vehicle has been manufactured any motor vehicle which has not been registered under this Act; or

(b) with the intent to evade the registration tax due or which may become due fails to give any notice which he may be required to give in terms of article 4 or article 10(1) or article 18(1)(g) or gives in any such notice or in any statement submitted to the Authority for the purposes of this Act information which he knows to be incorrect or incomplete in any material respect; or

(c) impedes or obstructs the Authority or any officer authorized by the Authority from or in the performance of any duty or power under any provisions of this Act; or

(d) does or omits or suffers to be done or omitted any act or thing with the intent to unlawfully evade or postpone the payment of the registration tax; or

(e) being the employer of a person who commits any of the foregoing offences fails to show to the satisfaction of the court that such offence was done without his knowledge and that he could not with reasonable diligence have obtained knowledge thereof; or

(f) without the authorisation of the Authority, increases the seating capacity of the vehicle, alters or performs any changes to the vehicle which are not prescribed in the registration certificate; or

(g) without the authorisation of the Authority or in violation of any condition under which such authorisation may have been granted, uses or allows to be used a vintage vehicle for any use other than a private use; or

(h) makes use of an M1 motor vehicle or a motor cycle which has been registered with the Authority for use on the road in Malta solely and exclusively on Friday as from 18.00hrs onwards, Saturdays, Sundays, national holidays and other public holidays on any other day; or

(i) being a person who has his normal residence in Malta, fails to notify the Authority of the arrival of a vehicle registered in another country which he intends to use on the road in Malta for a period of not more than thirty consecutive calendar days; or

(j) being a person who has his normal residence in Malta, fails to obtain from the Authority a temporary circulation permit for the use in Malta of a vehicle registered in another country for a maximum period of thirty consecutive calendar days; or

(k) being a person who has his normal residence in Malta, continues to make use of a vehicle registered in another country after the expiration of the temporary circulation permit issued by the Authority; or

(l) being a person who has his normal residence in Malta, makes use of a motor vehicle registered in another country for which a temporary circulation permit for use on the road in Malta has been issued by the Authority prior to the lapse of three hundred and sixty-five days to be reckoned from the previous date of arrival of such motor vehicle in Malta; or

(m) being a person who has his normal residence in Malta, fails to notify the Authority of the arrival of a vehicle registered in another country which he intends to use on the road in Malta; or

(n) with the intent to evade the registration tax due or which may become due, fails to give any notice which he may be required to give in terms of article 4, article 10(1) or article 18(1)(g) or gives in any such notice or in any statement submitted to the Authority for the purposes of this Act information which he knows to be incorrect or incomplete in any material respect, shall be guilty of an offence and on conviction shall be liable to a fine (multa) not exceeding two thousand five hundred euro (€2,500), or twice the amount of the registration tax endangered, whichever is the greater, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

(2) On the conviction for any offence referred to in sub-article (1)(a) or (b), the court shall, in addition to the penalty laid down in the said sub-article, order the forfeiture of the motor vehicle to which the offence relates.

(2a) Any person who, without making use thereof, with regard to an M1 motor vehicle or a motor cycle which has been registered with the Authority for use on the road in Malta solely and exclusively on Friday as from 18:00 onwards, Saturdays, Sundays, national holidays and other public holidays, fails to keep such M1 vehicle or motor cycle garaged on any other day shall be guilty of an offence and on conviction, shall be liable to a fine (multa) of two thousand five hundred euro (€2,500).

(3) Notwithstanding the provisions of the Criminal Code the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgment given by the Court of Magistrates in respect of criminal proceedings arising out of the provisions of this Act.

(4) When a new motor vehicle is imported or brought in permanently by a person for his own personal use, the application for the registration of the said motor vehicle together with the required documents shall be submitted to the Authority within thirty days (30) following the motor vehicle’s arrival in Malta.

(4a) When a person, for unjustified reasons, fails to comply with the provisions of sub-article (4), he shall be liable to an administrative penalty of thirty euro (€30) for each day that the vehicle remains not registered on the expiry of the said thirty (30) days:

Provided that when a person appeals in accordance with article 11A or any regulations made under this Act, the said application and documentation shall be submitted within twenty

(20) days from the decision of the Tribunal: Provided further that where a person applies for an exemption under article 19, that person shall submit the said application for registration and the documentation accompanying it within twenty (20) days from the notification of the decision relating to the application for the said exemption.

(4b) The administrative penalty established in sub-article (4a) shall not apply when the vehicle is an agricultural tractor or a vehicle registered under Category F of the First Schedule.

(5) Where the owner of a motor vehicle, registered and licensed by the Authority, fails to pay, for unjustified reasons, the applicable circulation licence fee on that vehicle within three months from the expiry of the vehicle licence, he shall be liable to an administrative fine, payable to the Authority, of €10 for each month the applicable circulation licence fee remains unpaid, with such amount not exceeding €100, notwithstanding any other action which may be taken in terms of the Traffic Regulation Ordinance or any regulations thereunder.