S.L. 65.15 Art. 46Follow-up in the case of major or dangerous deficiencies.

(1) Without prejudice to sub-regulation (3), inspecting officers shall ensure that any major or dangerous deficiency revealed by an initial or more detailed inspection is rectified before the vehicle is allowed to be used on public roads.

(2) If the vehicle is registered in Malta, the inspecting officer shall issue a notice to the undertaking informing him that the vehicle is to undergo a full roadworthiness test within a specified time limit following the inspection. If the vehicle is registered in another Member State, the inspecting officer or any other authorized officer of the Authority shall request the competent authority of that other Member State, via the contact points referred to in regulation 51, to carry out a new roadworthiness test of the vehicle in accordance with the procedure laid down in regulation 52(2). Where major or dangerous deficiencies are found in a vehicle registered outside the Union, the inspecting officer or any other authorised officer of the Authority shall inform the competent authority of the country of registration of the vehicle.

(3) In the case of any deficiencies which require prompt or immediate rectification due to any direct and immediate risk to road safety, use of the vehicle shall be prohibited and the inspecting officer shall issue a notice to the undertaking informing him that the vehicle in question is prohibited from being used on the road until those deficiencies have been rectified. The inspecting officer may also order that the vehicle is either clamped or towed away to an available location where it can be repaired.

(4) Except as otherwise provided in these regulations, every notice issued by the Authority and inspecting officers to undertakings shall be made in writing.