Cap. 291 Art. 14Special procedure in certain cases.

(1) Notwithstanding any other law providing for the trial and punishment of offences, where any person commits an offence which under this or any other law has been declared a scheduled offence, the following provisions of this article shall apply.

(2) Any Police Officer and any other officer, authority or person who in accordance with any law as aforesaid is charged with the responsibility for enforcement of such law, in whose opinion any such offence has been committed may hand over to the offender a notice containing a general description of the offence, the penalty to be paid, the place where he may pay such penalty, the period within which he may effect such payment and the consequences of non-payment:

Provided that if a motor vehicle, boat or other object has been used in the commission of an offence, such notice may be affixed to the windscreen or other part of such motor vehicle, boat or other object: Provided also that where it is not practicable to hand over a notice, or to fix it as aforesaid, the notice may be served to the offender in the same manner that a summons may be served in terms of article 6.

(2A) Notwithstanding the provisions of sub-article (2), where any notice is handed over or is affixed as is provided in sub-article

(2) and the first proviso thereto, such notice may, instead of the information mentioned under sub-article (2), contain information as to how that information may be accessed and viewed through electronic means and the period within which such information may be so accessed and viewed: Provided that where the information is not accessed and viewed within the period indicated in such notice, a notice containing the information mentioned under sub-article (2) shall be sent by mail or by any other means as provided by law.

(3) Where any notice has been handed over or is affixed as is provided in sub-article (2), the person referred to in the said notice may pay at the place mentioned in such notice within such time indicated in the notice, which in no case shall be less than seven days, a penalty in respect of each offence referred to in each such notice, provided that such penalty shall not exceed the minimum established in the law for each such offence or twenty-three euro and twenty-nine cents (23.29), whichever is the higher.

(4) (a) Where any penalty imposed under subarticle (3) is not paid within the aforementioned period, ordinary proceedings in respect of the offence may be taken in accordance with the provisions of this Act or any other law.

(b) In proceedings before the Commissioner no notice need be given the offender of any date to which a case which has been set down for hearing or has started to be heard is put off and it shall be the responsibility of the offender to verify such date.

(5) The payment of any such penalty shall for all intents and purposes of law, be deemed to be an admission of the commission of the offence.

(6) Data or other information retrieved from electronic or other apparata used by a Police Officer or any other officer, authority or person who in accordance with any law as aforesaid is charged with the responsibility for the enforcement of such law shall be deemed to be proof of the contents thereof unless the defendant proves otherwise.

(7) (a) Where the evidence to be given by any person refers to the registration of motor vehicles, boats or other objects which are required to be registered under any law, such evidence may be submitted by means of an affidavit.

(b) Where evidence is submitted by photographs, video-film or other visual means, such evidence shall be authenticated by the person who is the author of such photograph, video-film or other visual means.

(8) No proceedings before a Commissioner shall be deemed to be invalid because of the non-observance of any formalities or procedures if there has been substantial compliance with the provisions of this Act and any regulations made hereunder and the principles of natural justice have been observed.

(9) The Commissioner shall hear and determine all cases brought before him on the first day of hearing and shall only exceptionally accept a request for postponement of the hearing. SCHEDULE Amended by: I. 1985.2; (Article 2) XVII. 1989.5. XII.1995.14; L.N. 107 of 1996; L.N. 254 of 2000; L.N. 295 of 2001; L.N. 138 of 2002; L.N. 316 of 2002; L.N. 337 of 2003; L.N. 36 of 2004; L.N. 292 of 2004; L.N. 430 of 2004; L.N. 517 of 2004; L.N. 223 of 2005; L.N. 404 of 2005; L.N. 394 of 2007. Substituted by: L.N. 502 of 2010; L.N. 490 of 2011. Amended by: I. 2015.17; L.N. 20 of 2018; XIV.2019.73; L.N. 44 of 2020; L.N. 85 of 2020; X.2020.5; L.N. 116 of 2020; L.N. 323 of 2020; L.N. 328 of 2020; L.N. 339 of 2020; L.N. 47 of 2021; XXIX.2019.71; L.N. 107 of 2021; L.N. 125 of 2021; LXVI.2021.27; L.N. 33 of 2022; L.N. 81 of 2022; L.N. 82 of 2022; XX.2023.2; L.N. 192 of 2023; L.N. 169 of 2024.

Offences, which become infringements and may be tried by the Commissioners, against the following:

Cap. or S.L. Particular provisions, if any, or Legislation number description of offence

Code 9 338 (a), (b), (c), (d), (i), (j), (l), (m), (n), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (aa), (cc), (dd), (ff), (gg), (hh), (ii), (jj), (kk) and (mm) Code 9 339(1) (a), (b), (c), (d), (f), (i), (k), (l) and (m).

Code 9 340 (a) and (b). and Kindred Professions Cap. 31 Simple possession of a prohibited drug for personal use in an amount not exceeding two grams irrespective of purity or of not more than two ‘ecstasy’ pills or two other prohibited pills and simple possession for personal use of the plant ‘khat’. Cap. or S.L. Particular provisions, Legislation number description of Traffic Regulation Ordinance Cap. 65 Articles 3, 30, 34(1) and Schedule in respect of parking stopping at prohibited place.

Traffic Signs and Carriageway S.L. 65.05 Regulation 2. Markings Regulations Motor Tractors Regulations S.L. 65.08 Regulation 3. Motor Vehicles Regulations S.L. 65.11 Regulations 59, 61, 65, 110A, 114 to 118, 123 to Motor Vehicles (Wearing of Seat S.L. 65.12 Belts) Regulations Clamping and Removal of Motor S.L. 65.13 Regulation 11. Vehicles and Encumbering Objects Regulations Motor Vehicles (Driving S.L. 65.18 Regulations 3, 4, 27, 56, Licences) Regulations Motor Vehicles (Carriage of S.L. 65.19 Regulations 5, 68, 69, 72. Goods by Road) Regulations Motor Vehicles (Weights, S.L. 65.21 Regulations 8, 11. Dimensions and Equipment) Regulations Pedal and Low-Powered Cycles S.L. 65.26 Regulations 4(1), 5(1), 6, Regulations 17(6), 19, 21 to 24, 26. Mdina (Restriction of Access and S.L. 65.27 Regulation 2. Transit of Vehicles) Regulations Light Passenger Transport S.L. 65.33 Regulations 15, 17, 19 to Services and Vehicle Hire to 35, 52 and 54 Services Regulations Dangerous Drugs Ordinance Cap. 101 Simple possession for personal prohibited drug in an amount two grams of any drug other more than seven grams twenty-eight grams of irrespective of the purity. Motor Vehicles Insurance (Third- Cap. 104 Article 8(1). Party Risks) Ordinance Litter Act Cap. 206 Articles 3, 4, 5, 8. Control of Dogs Regulations S.L. 312.01 Tobacco (Smoking Control) Act Cap. 315 Article 14. Smoking in Public Places S.L. 315.04 Regulations Smoking Control in Private S.L. 315.11 Vehicles Regulations Education Act Cap. 605 Article 59(1) (a) and (b). Controlled Parking Schemes S.L. 363.80 (Residents and Commercial) Regulations Registration and Licensing of S.L. 368.02 Regulations 8, 13(1), 14(3), Motor Vehicles Regulations 20, 21(1), 24, 32(3), (4), 44(7)(b), (c), (d), (e), (f), Cap. or S.L. Particular provisions, if any, or Legislation number description of offence Accommodation S.L. 409.21

requiring Permit by S.L. 441.04 Regulations Works requiring S.L. 441.05 Council

Bathing Water S.L. 465.09 Regulations 19(1) and (2). Regulations Directions S.L. 465.12. Quarantine the Order relating S.L. 465.24 Places Open to the Regulations the Order relating S.L. 465.28 of Non-Essential and Outlets Non-Essential Services the Order relating S.L. 465.29 of Diagnosed Regulations the Order relating S.L. 465.31 Suspension of Organised Regulations the Order relating S.L. 465.35 of Persons in Regulations Public Mass Events S.L.465.47

of Medical or S.L.465.48 Regulations Certain Places of S.L.465.50 Regulations Persons in Public S.L.465.51 Regulations and Drink S.L.465.54 Regulations Regulations S.L.465.55 Events S.L.465.57

between Malta S.L.465.58

Places Open to the S.L.465.59

Non-Essential Retail S.L.465.60 Outlets Providing Services Order Cap. or S.L. Particular provisions, Legislation number description of Enforcement of the order relating S.L.465.61 to Closure of Non-Essential Retail Outlets and Outlets Providing Non-Essential Services Regulations Enforcement of the Order relating S.L.465.63 to Closure of Places Open to the Public Regulations Regulations on Sport Activities S.L. 465.66 Hygiene of Food Regulations S.L. 449.31 Paragraph 2 of Part VIII of Placing of Billboards and S.L. 499.32 Regulations 4, 8, 9, 10, 12. Advertising on the Road Regulations Valletta Pedestrian Zones S.L. 499.54 Regulation 9. Regulations New Roads and Road Works S.L. 499.57 Regulations 28, 29, 43 to Regulations Taxi Services Regulations S.L. 499.59 Regulations 16(2), 21(1), 53, 55, 57 and 65(3), (4), Light Passenger Transport S.L. 499.68 Regulations 15, 17, 19 to Services and Vehicle Hire to 35, 52 and 54 Services Regulations Environmental Management S.L. 504.83 Construction Site Regulations Drug Dependence (Treatment not Cap. 537 Articles 4, 4A, 7A. Imprisonment) Act Abandonment, Dumping and S.L. 549.40 Regulations 4, 5 and 8. Disposal of Waste in Streets and Public Places or Areas Regulations Micromobility Regulations S.L. 65.32 Regulations 8, 9, 10, 11, 17, 18, 20, 21, 22, 23, 28. Valid Certificate of Recognised S.L. 465.69 Regulation 2 Vaccination against COVID-19 Requirement Regulations Responsible Use of Cannabis S.L. 628.01 The provisions in the Second (Licensing of Organisations) Regulations Cat Feeders Regulations S.L. 439.27 Regulation 9