S.L. 65.15 Art. 18ETesting provisions applicable from 20 May 2018.

The following provisions with regard to testing shall apply with effect from 20 May 2018:

(1) a roadworthiness test shall cover the following:

(a) the areas and items, including the recommended methods of testing, listed in Annex I of Directive 2014/45/EU, with the exception of the following items:

(i) 2.4, 3.6, 5.3.2.1, 6.1.9,

(ii) 7.2 (only in respect of M1 category vehicles not used for hire),

(iii) 7.4 (only in respect of M1 category vehicles not used for hire, N and O category vehicles, and T1b, T2b, T3b, T4.1b, T4.2b and T4.3b category vehicles),

(iv) 7.5 (only in respect of M1 category vehicles not used for hire, N and O category vehicles, and T1b, T2b, T3b, T4.1b, T4.2b and T4.3b category vehicles),

(v) 7.6,

(vi) 7.13 (in respect of all vehicle categories, except M1 and N1 category vehicles from 20 May 2023),

(vii) 8.3,

(viii) 9.3 (in respect of all vehicle categories, except motor route buses, M2 and M3 category vehicles for hire),

(ix) 9.5 (in respect of all vehicle categories, except motor route buses),

(x) 9.8 (in respect of all vehicle categories, except electric trolley vehicles, Malta heritage buses, open top buses and trackless trains – all as defined in the Passenger Transport Services Regulations),

(xi) 9.9 (only in respect of M1 category vehicles not used for hire, N and O category vehicles, and T1b, T2b, T3b, T4.1b, T4.2b and T4.3b category vehicles),

(xii) 9.12; and

(b) items C to I of the First Schedule;

(2) For each item that has failed the test, the possible deficiencies and the corresponding level of severity provided in Annex I of Directive 2014/45/EU shall be applied;

(3) Deficiencies that are found during vehicle roadworthiness tests shall be categorized in one of the following groups:

(a) minor deficiencies having no significant effect on the safety of the vehicle or impact on the environment, and other minor non-compliances;

(b) major deficiencies that may prejudice the safety of the vehicle or have an impact on the environment or put other road users at risk, or other more significant non-compliances;

(c) dangerous deficiencies constituting a direct and immediate risk to road safety or having an impact on the environment which justify that the Authority prohibits the use of the vehicle on public roads.

(4) A vehicle having deficiencies falling into more than one of the deficiency groups referred to in sub-regulation (3) shall be classified in the group corresponding to the more serious deficiency. A vehicle showing several deficiencies within the same inspection area as identified in point 2 of Annex 1 of Directive 2014/45/EU, shall be classified in the next most serious deficiency group if the tester deems that the combined effect of those deficiencies results in a higher risk to road safety.

(5) The following provisions shall apply when deficiencies have been encountered during a roadworthiness test:

(a) in the case of minor deficiencies only, the test shall be deemed to have been passed, the deficiencies shall be rectified by the vehicle owner, and the vehicle shall not be re-tested;

(b) in the case of major deficiencies, the test shall be deemed to have been failed and the vehicle shall be allowed to be used on public roads for a period not exceeding sixteen days, within which period the necessary repairs to comply with the prescribed requirements may be effected and the vehicle submitted for a re-test: Provided that the appointment for such re-test shall be set prior to the vehicle owner leaving the station following the initial test, and if a passed test result is issued after such re-test certifying that the necessary repairs have been carried out on the motor vehicle to comply with the prescribed requirements, a fee not exceeding fifty per cent of the full test fee as specified in the Eighth Schedule, shall be payable: Provided further that if the vehicle is not submitted for the re-test within sixteen days, the licence authorizing the use of that vehicle in road traffic shall be suspended until such time as the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition;

(c) in the case of dangerous deficiencies, the test shall be deemed to have been failed and the use of the vehicle shall be prohibited with immediate effect. The test result shall include a notice informing the driver that the vehicle in question is prohibited from being used on the road until those deficiencies have been rectified. The use of such vehicle shall only be permitted in order to enable it to reach one of the closest workshops where those deficiencies can be rectified and in order to enable it to return back to the station to be submitted for a re-test. That vehicle shall be allowed a period not exceeding sixteen days for the necessary repairs to be effected and to be submitted for a re-test:

Provided that the appointment for such re-test shall be set prior to the vehicle owner leaving the station following the initial test, and if a passed test result is issued after such re-test certifying that the necessary repairs have been carried out on the motor vehicle to comply with the prescribed requirements, a fee not exceeding fifty per cent of the full test fee as specified in the Eighth Schedule, shall be payable:

Provided further that if the vehicle is not submitted for the re-test within sixteen days, the licence authorising the use of that vehicle in road traffic shall be suspended until such time as the deficiencies are rectified and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition.