S.L. 499.66 Art. 29Penalties and penalty points. Cap. 406.

(1) A person who contravenes the provisions of regulation

3(1) or (10) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of five hundred euro (€500).

(2) A person who contravenes the provisions of regulation 4(1) 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 five hundred euro (€2,500) but not exceeding four thousand and five hundred euro (€4,500) 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 five hundred euro (€4,500) but not exceeding six thousand euro (€6,000) or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment; and

(c) in the case of a third or subsequent offence, to a fine (multa) of not less than six thousand euro (€6,000) but not exceeding seven thousand and five hundred euro (€7,500) or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment and to disqualification from holding a driving licence issued under these regulations for twelve months.

(3) A person who contravenes the provisions of regulation 4(5) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding fifty euro (€50) or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(4) A person who contravenes the provisions of regulation 4(6) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding fifty euro (€50) or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(5) Any person who contravenes the provisions of regulation 6(1) shall be guilty of an offence and shall, on conviction, be liable -

(a) to a fine (multa) of not less than fifty euro (€50) but not exceeding two hundred euro (€200) or up to three months imprisonment where a person drives, or causes or permits to be driven, an animal or an animal-drawn vehicle without the person driving the vehicle being the holder of a driving licence;

(b) to a fine (multa) of not less than two hundred euro (€200) but not exceeding five hundred euro (€500) or up to three months imprisonment where a person drives an animal-drawn vehicle for the transport of passengers for hire or reward without holding the appropriate driving licence; and

(c) to a fine (multa) of not less than five hundred euro (€500) but not exceeding one thousand euro (€1,000) or up to three months imprisonment where a person causes or permits another person to drive an animal-drawn vehicle for the transport of passengers for hire or reward without that other person holding the appropriate driving licence.

(6) A person who contravenes the provisions of regulation 7 shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than one thousand euro (€1,000) but not exceeding five thousand euro (€5,000) or up to three months imprisonment or both fine and imprisonment. Furthermore, the court may order the immediate revocation of the operator’s licence as well as the confiscation for a period of not less than one month but not exceeding three months of the vehicle used where that person had permitted or caused that vehicle to be used not for the purpose for which it is licensed.

(7) A person who contravenes the provisions of regulation 12(2)(a) and (c) shall be guilty of an offence and shall, on conviction, be liable to -

(a) a fine (multa) of one hundred euro (€100) for a first offence and shall have his licence suspended for not more than one month;

(b) a fine (multa) of two hundred euro (€200) for a second offence within twelve months from the first offence and shall have his licence suspended for not more than two months; and

(c) a fine (multa) of three hundred euro (€300) for a third and subsequent offence within twelve months from the first offence and shall have his licence suspended for not more than three months.

For the purposes of this sub-regulation, in respect of a driver "licence" means the driving licence issued under these regulations, and in respect of an operator or owner "licence" means the operator’s licence issued under these regulations or the driving licence issued under these regulations where the owner is not an operator.

(8) A person who contravenes the provisions of regulation 19 shall be guilty of an offence and shall, on conviction, be liable to the penalty prescribed under the Value Added Tax Act.

(9) A person who contravenes the provisions of regulation 26(1) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than one thousand and two hundred euro (€1,200) but not exceeding five thousand euro (€5,000) or to imprisonment for a period of not more than six months or to both such fine and imprisonment.

(10) A person who contravenes the provisions of regulation 27(f) shall be guilty of an offence and shall, on conviction, be liable to -

(a) a fine (multa) of not less than one thousand and two hundred euro (€1,200) and not exceeding one thousand and five hundred euro (€1,500) or to imprisonment for a period of not more than three months or to both fine and imprisonment and to disqualification from holding a driving licence issued under these regulations for six months for a first conviction; and

(b) a fine (multa) of not less than one thousand and five hundred euro (€1,500) and not exceeding two thousand and five hundred euro (€2,500) or to imprisonment for a period of not more than six months or to both fine and imprisonment and to disqualification from holding a driving licence issued under these regulations for twelve months for a second or subsequent conviction.

(11) Any person who contravenes any other regulation other than those specified in sub-regulations (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than twenty-five euro (€25) but not exceeding three hundred euro (€300).

(12) Where the holder of an operator’s licence or the holder of a category X driving licence is convicted of an offence by a court or a tribunal in contravention of these regulations there shall be attributed to that person, in addition to the fine, -

(a) thirty penalty points for every offence in contravention of regulations 3(1) and (10), 4, 6(1), 7(3) and 27(f), and

(b) ten penalty points for every offence in contravention of any other provision of these regulations.

(13) For the purposes of sub-regulation (12), it shall be the duty of the registrar of the court, or the clerk of the tribunal, which delivers judgement, to inform in writing the Authority with the names and identity numbers of the persons convicted under these regulations and the fine imposed thereon.

(14) Penalty points, as provided for under the preceding sub-regulation, shall be attributed also to a person who pays the penalty instead of being summoned before a court or a tribunal.

(15) Where any fine is imposed by the court or by a tribunal for any offence under these regulations and such fine has not been paid, the Authority shall withhold from renewing the animal-drawn vehicle’s licence or the driving licence, as the case may be, of the person concerned on the expiry thereof until such time as the payment of the fine is effected.