Traffic Regulation Ordinance (Cap. 65)
Traffic Regulation Ordinance (Cap. 65), article 15I
15I. (1) For the purposes of this article and of articles 15A to
15H, unless the context otherwise requires -
"breath test" means a test for the purpose of determining, by
means of a device of a type approved by the Minister, whether t he
proportion of alcohol in a person’s breath is in excess of the limit
prescribed by regulatio ns under this Ordinance;
14 CAP. 65.] TRAFFIC REGULATION
Cap. 101.
Cap. 31.
"drug" shall have the same meaning as assigned to it in article 2 of
the Dangerous Drugs Ordinance and in article 118A of the Medical
and Kindred Professions Ordinance :
(a) with regard to driving or attempting to drive all
vehicles except those mentioned in paragraphs (b), (c)
or ( d):
(i) 22 microgrammes of alcohol in 100 millilitres of
breath; or
(ii) 50 milligrammes of alcohol in 100 millilitres of
blood; or
(iii) 67 milligrammes of alcohol in 100 millilitres of
urine;
(b) with regard to driving or attempting to drive
commercial vehicles:
(i) 9 microgrammes of alcohol in 100 millilitres of
breath; or
(ii) 20 milligrammes of alcohol in 100 millilitres of
blood; or
(iii) 27 milligrammes of alcohol in 100 millilitres of
urine;
(c) with regard to driving or attempting to drive buses,
coaches, vehicles on priority duty and other vehicles
carrying passengers for a fee:
(i) 0 microgrammes of alcohol in 100 millilitres of
breath; or
(ii) 0 milligrammes of alcohol in 100 millilitres of
blood; or
(iii) 0 milligrammes of alcohol in 100 millilitres of
urine;
(d) with regard to driving or attempting to drive by
persons in possession of a probationary driving
licence:
(i) 9 microgrammes of alcohol in 100 millilitres of
breath; or
(ii) 20 milligrammes of alcohol in 100 millilitres of
blood; or
(iii) 27 milligrammes of alcohol in 100 millilitres of
urine:
Provided that the Minister responsible for the police may, by
regulations, change the prescribed limits.
Cap. 9.
" "appropriate consent" shall have the same meaning as assigned
to it in article 350 of the Criminal Code ;
TRAFFIC REGULATION [CAP . 65. 15
S.L. 65.34.
"confirmatory test" means a specimen of an oral fluid obtained
from a person suspected of committing an offence under this
Ordinance or a person referred to in article 15CA or 15CB, afte r his
preliminary test produced a positive result for drugs, which sp ecimen
is referred for analysis to an a pproved laboratory as listed in t h e
Second Schedule of the Drug Driving Testing Regulations ;
"oral fluid drug test" means a test for the purpose of
determining, by means of a device of a type approved by the Min ister
responsible for the police, wheth er a person is under the influ ence of
drugs;
S.L. 65.34.
"preliminary test" means an oral fluid drug test carried out at the
roadside, by a police officer using an approved device in accor dance
with the First Schedule to the Drug Driving Testing Regulations ;
"serious traffic accident" means any accident which occurred on a
road or other public place involving a motor vehicle or other v ehicle as
a result of which any person suffers any bodily harm or from wh ich the
death of a person ensues;
(2) A person is deemed to have provided a specimen of blood
only if he consents to it being t aken by a medical practitioner and it
is so taken in such quantity and of such quality as is capable of
being properly analysed for the purposes of article 15E.
(3) A person shall be deemed to have provided a specimen of
urine or breath only if that specimen is provided in such a man ner
and in such quantity and of such quality as is capable of being
properly analysed for the purposes of article 15E or for the
purposes of regulations made under this Ordinance.
Driving through or
emerging a red
light.
Added by:
VII. 2010.45.
Amended by:
XV . 2016.45;
XV .2023.3.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.