S.L. 499.51 Art. 9Power to clamp and remove vehicles and encumbering objects.

(1) Where it is found that a vehicle -

(a) is defective and not roadworthy,

(b) does not comply with the permissible load weights and dimensions as provided for in the Motor Vehicles (Weights, Dimensions and Equipment) Regulations,

(c) is carrying dangerous goods in breach of the Motor

Vehicles (Carriage of Dangerous Goods by Road) Regulations,

(d) is parked or left unattended in an area specifically indicated as a clamping or towing zone,

(e) does not have a valid circulation licence issued by the Authority affixed to its windscreen,

(f) has a circulation licence which has expired by more than one month to be reckoned from the last day of the month in the calendar year shown or indicated on the circulation licence affixed to the windscreen of that motor vehicle,

(g) being a vehicle hired or leased from a vehicle hire undertaking licensed in another Member State which has been brought into Malta, is not in conformity with the provisions of the Registration and Licensing of Motor Vehicles Regulations,

(h) being a motor vehicle bearing foreign registration plates, is not properly licensed for use on the roads in Malta,

(i) is not in conformity with all relevant rules and regulations in order for such vehicle to be used on the roads in Malta,

(j) is on the road in breach of the Motor Vehicles Registration and Licensing Act and any regulations made thereunder, Enforcement Officers shall have the power to clamp or remove the said vehicle and to take all necessary actions in terms of the Clamping and Removal of Motor Vehicles and Encumbering

Objects Regulations: Provided that for vehicles falling under paragraphs (a), (b) and (c) above, Enforcement Officers shall also have the power to issue a prohibition notice to prohibit the further use of the vehicle until the fault has been rectified and compliance with the regulations is achieved.

(2) Where a motor vehicle is found to be defective and not roadworthy, Enforcement Officers may also order the temporary withdrawal from the road of that vehicle, by having such vehicle towed or removed by such other means as are reasonable in the circumstances, for the purpose of an immediate submission to a road worthiness or other mechanical test.

(3) Enforcement Officers shall also have the power to:

(a) remove any encumbering object or vehicle which is in a place or space which is not lawfully permitted to be used for such purpose, or which is obstructing the free course of traffic or which is in a place or space specifically indicated as a towing zone;

(b) remove any encumbering object or vehicle which is causing any nuisance, inconvenience or obstruction in a bus terminus or on a bus stage or in a bus bay or in a bus lay-by or in an emergency lane or in a space reserved for the charging of electric vehicles or in a solar car port or on any stand reserved for passenger transport vehicles or in any other sites which, in terms of law, cannot be used for the parking of vehicles or the placing of any encumbering objects.