    MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)  ġ CAP. 104.    1
CHAPTER 104
MOTOR VEHICLES INSURANCE 
(THIRD-PARTY RISKS) ORDINANCE
To make provision against third-party risks arising out of the use of
motor vehicles.
1st August, 1947
Enacted by ORDINANCE XXXVI of 1939, as amended by Ordinances:
XVI of 1940 and X of 1947; Emergency Ordinance VI of 1958; Ordinances:
XXII and XXV of 1962; Legal Notice 4 of 1963; Act XIII of 1968; Legal
Notice 148 of 1975; Acts: XLIX of 1981, XIII of 1983, III of 1985, XLI of
1986, VII and VIII of 1990; Legal Notice 163 of 1990; and Acts III of 1998
and XXIII of 2000.
Short title.
(Third-Party Risks) Ordinance.
Interpretation. 
Amended by:
L.N. 4 of 1963; 
III.1985.2; 
L.N. 163 of 1990;
XXIII. 2000.30.
2. In this Ordinance, unless the context otherwise requires,
the following expressions shall have the meanings in this section
respectively assigned to them:
"authorized insurer" means an assurance company or an
underwriter approved by the Minister responsible for transport;
 "driver", where a separate person acts as steersman of a motor
vehicle, includes that person as well as any other person engaged in
the driving of the vehicle, and the expression "drive" shall be
construed accordingly;
"foreign bureau" means a central organization set up by motor
insurers in any country outside Malta for the purpose of giving
effect to international arrangements for the insurance of motorists
against third-party risks when entering countries where insurance
against such risks is compulsory, and with which the local bureau
has entered into such an arrangement;
"international certificate of insurance" means a duly completed
international certificate of insurance (known as a "Green Card")
issued to a visiting motorist under the authority of a foreign bureau
or the local bureau in the form set out in the recommendation dated
June 1952 made by the Sub-Committee on Road Transport of the
Inland Transport Committee of the Economic Commission for
Europe, as from time to time amended;
"local bureau" means the central organization set up by motor
insurers in Malta for the purpose of giving effect to international
arrangements for the insurance of motorists against third-party
risks when entering countries where insurance against such risks is
compulsory, and which is recognised for the purposes of this
Ordinance by the Minister responsible for transport;
"motor cycle" means a motor vehicle with two wheels; 
"motor vehicle" means a mechanically propelled vehicle
intended or adapted for use on roads, but does not include a steam
   2        CAP. 104. ħ       MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)
traction engine, or a steam roller;
"owner", in relation to a vehicle which is the subject of a hiring
agreement or a hire-purchase agreement, means the person in
possession of the vehicle under that agreement;
"policy of insurance" means a policy of insurance or a covering
note which is issued by an authorised insurer and includes an
international certificate of insurance issued to a visiting motorist
and valid for Malta;
"prescribed" means prescribed by regulations;
Cap. 332.
"Malta Transport Authority" means the Malta Transport
Authority established under the Malta Transport Authority Act;
"public transport vehicle" has the same meaning given to it in
article 2 of the Malta Transport Authority Act;
"road" means any street, road, lane, square, fortification or other
place of public thoroughfare.
Users of motor 
vehicles to be 
insured against 
third-party risks. 
Amended by: 
L.N. 4 of 1963; 
XIII.1968.2; 
L.N. 148 of 1975; 
XIII. 1983.5; 
XLI. 1986.2,3;
XXIII. 2000.30.
3. (1) Subject to the provisions of this Ordinance, it shall not
be lawful for any person to use or to cause or permit any other
person to use a motor vehicle on a road unless there is in force in
relation to the user of the vehicle by that person or that other
person, as the case may be, such a policy of insurance in respect of
third-party risks as complies with the requirements of this
Ordinance.
(2) If a person acts in contravention of this section he shall, on
conviction, be liable - 
( a ) in the case of a first offence, to a fine ( multa ) of not
less than two hundred and fifty liri (Lm250) but not
exceeding five hundred liri (Lm500) 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 five hundred liri (Lm500) but not exceeding
seven hundred and fifty liri (Lm750) or to
imprisonment for a term not exceeding six months, or
to both such fine and imprisonment;
( c ) in the case of a third or subsequent offence, to a fine
( multa ) of not less than seven hundred and fifty liri
(Lm750) but not exceeding one thousand liri
(Lm1,000) or to imprisonment for a term not
exceeding one year, or to both such fine and
imprisonment, and 
(i) where the offence consists in the use of a motor
vehicle on a road by a person who is the owner
of the motor vehicle or an employee of, or a
member of the family of and living with, the
owner of the motor vehicle, when there is not in
force a policy of insurance in respect of such
vehicle as complies with the requirements of this
Ordinance, the court shall, in addition to the
punishments laid down in this sub-paragraph,
    MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)  ġ CAP. 104.    3
order the forfeiture of the motor vehicle;
(ii) where the offence, as aforesaid, is committed by
any other person, the court shall, in addition to
the punishments laid down in this sub-
paragraph, impose a further fine ( multa )
equivalent to the value of the motor vehicle.
(2A)  A person convicted of an offence under this section shall
(unless the court for special reasons thinks fit to order otherwise
and without prejudice to the power of the court to order a longer
period of disqualification) be disqualified from holding or
obtaining a driving licence for a period of twelve months from the
date of the conviction:
  Provided that if the execution of the judgment ordering the
conviction is stayed in view of the declared intention of the person
convicted to enter an appeal against such judgment, the period of
disqualification shall commence to run -
( a ) if it is confirmed or reduced by the judgment of the
Court of Criminal Appeal, from the date of such
judgment;
( b ) if an application of appeal is not filed within the time
established by law, from the day next following the
day on which such time expires;
( c ) if the appeal is withdrawn by note, from the day when
such note is filed in the court or, if the appeal is
otherwise abandoned after the filing of the application
of appeal, from such day as the Court of Criminal
Appeal shall, on application of the Commissioner of
Police or of the Malta Transport Authority, establish.
Cap. 9. 
Cap. 446.
(2B)  The provisions of article 21 of the Criminal Code and of
the Probation Act, shall not apply in respect of any offence against
the provisions of this section.
(3) Notwithstanding any enactment prescribing a time within
which proceedings may be brought before any court, proceedings
for an offence under this section may be brought - 
( a ) within a period of six months from the date of the
commission of the alleged offence; or
( b ) within a period which exceeds neither three months
from the date on which it came to the knowledge of the
prosecution that the offence had been committed nor
one year from the date of the offence,
whichever period is the longer.
(4) This section shall not apply - 
( a ) to any motor vehicle owned by the Government of
Malta when such vehicle is used and employed
exclusively in the service of the Government of Malta;
( b ) to any specified class of motor vehicles to which the
Minister responsible for transport shall by regulation
direct that this section shall not apply.
   4        CAP. 104. ħ       MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)
Requirements in 
respect of policies. 
Amended by: XXII. 
1962.2; 
XIII. 1983.5; 
III. 1985.3; 
XLI. 1986.3; 
VII. 1990.2.
4. (1) In order to comply with the requirements of this
Ordinance, a policy of insurance must, in addition to being a policy
of insurance as defined in article 2, insure such person, persons, or
classes of persons as may be specified in the policy against any
liability which may be incurred by him or them in respect of the
death of or bodily injury to any person, or the damage to any
property, caused by or arising out of the use of the motor vehicle on
a road:
  Provided that such a policy shall not be required to cover- 
(i) liability in respect of the death, arising out of
and in the course of his employment, of a person
in the employment of a person insured by the
policy, or of bodily injury sustained by such a
person arising out of and in the course of his
employment; or
(ii) in the case of a motor cycle, liability in respect
of the death or of bodily injury to persons
carried in or upon, or getting on to, or alighting
from the motor cycle at the time of the
occurrence of the event out of which the claims
arise; or
(iii) any contractual liability; or
(iv) liability for such damage to third-party property
as exceeds fifty thousand liri arising from any
one accident; or
(v) liability for damage to third-party property on or
in the insured motor vehicle or in the possession
of the person insured.
(2) Where any payment is made by an authorized insurer under
a policy issued under this Ordinance, in respect of the death of or
bodily injury to any person arising out of the use of a motor vehicle
on a road, and the person who has so died or been bodily injured
has to the knowledge of the authorized insurer received treatment
in a hospital in respect of the fatal or other bodily injury so arising,
there shall also be paid by the authorized insurer to such hospital
the expenses reasonably incurred by the hospital in affording such
treatment, to an amount not exceeding twenty-five liri for each
person so treated.
  For the purposes of this subsection the expression "hospital"
means an institution which provides medical or surgical treatment
for in-patients.
(3) A person issuing a policy of insurance under this section
shall be liable to indemnify the persons or classes of persons
specified in the policy in respect of any liability which the policy
purports to cover in the case of those persons or classes of persons.
(4) Except where a policy of insurance consists of an
international certificate of insurance, a policy of insurance shall be
of no effect for the purposes of this Ordinance unless and until
there is issued by the authorised insurer in favour of the person by
whom the policy is effected a certificate (hereinafter referred to as
    MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)  ġ CAP. 104.    5
a "certificate of insurance") in the prescribed form; and where the
policy of insurance consists of an international certificate of
insurance, such international certificate shall, for all purposes of
this Ordinance except where the context otherwise requires, be the
certificate of insurance required to be issued under this subsection.
Requirements in 
respect of 
securities. 
Amended by: 
X.1947.2; 
VI.1958.2; 
XXII.1962.3; 
XXV.1962.4; 
L.N. 4 of 1963; 
XIII.1983.5.
5. Repealed by section 3 of Act XLI of 1986.
Certain conditions 
to policies to be of 
no effect. 
Amended by: 
XLI. 1986.3.
6. Any condition in a policy issued for the purposes of this
Ordinance, providing that no liability shall arise under the policy,
or that any liability so arising shall cease, in the event of some
specified thing being done or omitted to be done after the
happening of the event giving rise to a claim under the policy, shall
be of no effect in connection with such claims as are mentioned in
article 4(1)( b ) of this Ordinance:
  Provided that nothing in this section shall be taken to render
void any provision in a policy requiring the person insured to repay
to the authorized insurer any sums which the latter may have
become liable to pay under the policy and which have been applied
to the satisfaction of the claims of third parties.
Production of 
certificate of 
insurance on 
application for 
motor vehicle 
licence. 
Amended by: 
XLI. 1986.3.
7. A person applying for a licence or for the renewal of a
licence in respect of a motor vehicle shall produce such evidence as
may be prescribed that either -
( a ) on the date when the licence comes into operation
there will be in force the necessary policy of insurance
in relation to the user of the vehicle by the applicant or
by other persons on his order or with his permission;
or
( b ) the vehicle is a vehicle to which article 3(4) applies.
Requirements as to 
production of 
certificate of 
insurance or of 
security. 
Amended by: 
XLI. 1986.3; 
VII. 1990.3;
III. 1998.2.
8. (1) Any person driving a motor vehicle on a road shall, on
being so required by any member of the Police Force, give his
name and address and the name and address of the owner of the
motor vehicle and produce his certificate, and if he fails so to do he
shall be guilty of an offence:
  Provided that, if the driver of a motor vehicle within two days
after the date on which the production of his certificate was so
required, produces the certificate in person to the Commissioner of
Police, he shall not be convicted under this subsection of the
offence of failing to produce his certificate.
(2) If in any case where, owing to the presence of a motor
vehicle on a road, an accident occurs involving personal injury to
another person or damage to any vehicle, animal or other property,
the driver of the vehicle does not at the time produce his certificate
to a member of the Police Force or to some person who, having
   6        CAP. 104. ħ       MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)
reasonable grounds for so doing, has required its production, the
driver shall, as soon as possible, and in any case within twenty-four
hours of the occurrence of the accident, report the accident at a
Police Station and there produce his certificate, and if he fails so to
do he shall be guilty of an offence:
  Provided that a person shall not be convicted under this
subsection of the offence of failing to produce his certificate if,
within two days after the occurrence of the accident, he produces
the certificate in person to the Commissioner of Police.
(3) It shall be the duty of the owner of a motor vehicle to give
such information as he may be required by or on behalf of any
Police officer not below the rank of sub-inspector to give, as to the
identity of the driver of a motor vehicle on any occasion when the
driver was required under subarticle (1) to produce his certificate,
and if the owner fails to do so he shall be guilty of an offence.
(4) In this section the expression "produce his certificate"
means produce for examination the relevant certificate of insurance
or such other evidence that the motor vehicle is not or was not
being driven in contravention of article 3, as may be prescribed.
Requirements as to 
production of 
policy of 
insurance.
9. Any person required under the provisions of this Ordinance
to produce to any Police officer a certificate of insurance issued to
him under article 4(4) shall, on being so required, produce to such
Police officer the policy of assurance to which such certificate
relates, and if he fails so to do he shall be guilty of an offence:
  Provided that if any such person within two days after the date
on which the production of his policy of insurance was so required
produces the policy in person to the Commissioner of Police he
shall not be convicted of the offence of failing to produce his
policy.
Duty of insurers to 
satisfy judgments 
against persons 
insured in respect 
of third party risks. 
Amended by: 
XXII.1962.4; 
III.1985.4; 
XLI. 1986.4; 
VII.1990.4.
10. (1) If, after a certificate of insurance has been issued
under article 4(4) to the person by whom a policy has been
effected, judgment in respect of any such liability as is required to
be covered by a policy under article 4(1) (being a liability covered
by the terms of the policy) is obtained against any person insured
by the policy, then, notwithstanding that the authorized insurer may
be entitled to avoid or cancel, or may have avoided or cancelled the
policy, the authorized insurer shall, subject to the provisions of this
section, pay to the persons entitled to the benefit of the judgment
any sum payable thereunder in respect of the liability, including
any amount payable in respect of costs and any sum payable in
respect of interest on that sum.
(2) No sum shall be payable by an authorized insurer under the
foregoing provisions of this section -
( a ) in respect of any judgment, unless before or within
seven days after the conclusion of the evidence of the
plaintiff in the proceedings in which the judgment was
given, the authorized insurer had notice of the bringing
of the proceedings by means of a judicial act; or
( b ) in respect of any judgment, so long as execution
    MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)  ġ CAP. 104.    7
thereon is stayed pending an appeal; or
( c ) in connection with any liability, if before the
happening of the event which was the cause of the
death or bodily injury or damage to property giving
rise to the liability, the policy was cancelled by mutual
consent or by virtue of any provision contained
therein, and - 
(i) either before the happening of the said event the
certificate was surrendered to the authorized
insurer, or the person to whom the certificate
was issued, made and delivered to the authorized
insurer a sworn declaration stating that the
certificate had been lost or destroyed, or
(ii) after the happening of the said event, but before
the expiration of a period of fourteen days from
the taking effect of the cancellation of the
policy, the certificate was surrendered to the
authorized insurer or the person to whom the
certificate was issued, made and delivered such
sworn declaration as aforesaid, or
(iii) either before or after the happening of the said
event, but within the said period of fourteen
days, the authorized insurer has commenced
proceedings under this Ordinance in respect of
the failure to surrender the certificate.
(3) No sum shall be payable by an authorized insurer under the
foregoing provisions of this section, if, in an action commenced
before, or within three months after, the commencement of the
proceedings in which the judgment was given, he has obtained a
declaration that, apart from any provision contained in the policy,
he is entitled to avoid it on the ground that it was obtained by the
non-disclosure of a material fact or by a representation of fact
which was false in some material particular, or, if he has avoided
the policy on that ground, that he was entitled so to do apart from
any provision contained in it:
  Provided that an authorized insurer who has obtained such a
declaration as aforesaid in an action shall not thereby become
entitled to the benefit of this subsection as respects any judgment
obtained in proceedings commenced before the commencement of
that action, unless before or within seven days after the
commencement of that action he has given notice thereof by means
of a judicial act to the person who is the plaintiff in the said
proceedings specifying the non-disclosure or false representation
on which he proposes to rely, and any person to whom notice of
such an action is so given shall be entitled, if he thinks fit, to be
made a party thereto.
(4) If the amount which an authorized insurer becomes liable
under this section to pay in respect of a liability of a person insured
by a policy exceeds the amount for which he would, apart from the
provisions of this section, be liable under the policy in respect of
that liability, he shall be entitled to recover the excess from that
   8        CAP. 104. ħ       MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)
person.
(5) In this section, the expression "material" means of such a
nature as to influence the judgment of a prudent insurer in
determining whether he will take the risk, and, if so, at what
premium and on what conditions, and the expression "liability
covered by the terms of the policy" means a liability which is
covered by the policy or which would be so covered but for the fact
that the authorized insurer is entitled to avoid or cancel, or has
avoided or cancelled, the policy.
(6) Proceedings shall be deemed to have been commenced on
the date on which a writ of summons is filed in any court having
civil jurisdiction.
(7) In this Ordinance references to a certificate of insurance in
any provision relating to the surrender, or the loss or destruction, of
a certificate of insurance shall, in relation to policies under which
more than one certificate is issued, be construed as references to all
the certificates, and shall, where any copy has been issued of any
certificate, be construed as including a reference to that copy.
Liability of insured 
person to be a first 
charge on the sum 
payable under the 
policy.
11. The person towards whom any liability has been incurred
by an insured person to whom a policy of insurance has been issued
for the purposes of this Ordinance shall have a privilege with
preference over all other creditors on any sum payable to the
insured person by the authorized insurer under the policy.
Avoidance of 
restrictions on 
scope of policies, 
and of contracts 
restrictive of 
liability in respect 
of passengers 
carried for hire or 
reward. 
Amended by: 
XLI. 1986.5.
12. (1) Where a certificate of insurance has been issued under
article 4(4) to the person by whom a policy has been effected, so
much of the policy as purports to restrict the insurance of the
persons insured thereby by reference to any of the following
matters:
( a ) the condition of the person driving the vehicle; or 
( b ) the condition of the vehicle; or
( c ) the number of persons that the vehicle carries; or
( d ) the weight or physical characteristics of the goods that
the vehicle carries; or
( e ) the times at which or the areas within which the
vehicle is used; or
( f ) the horse-power or value of the vehicle; or
( g ) the carrying on the vehicle of any particular apparatus;
or
( h ) the carrying on the vehicle of any particular means of
identification other than any means of identification
required to be carried by or under any law in force; or
( i ) the colour of the vehicles; or
( j ) the age of the person driving the vehicle,
shall, as respects such liabilities as are required to be covered by a
policy under article 4(1)( b ), be of no effect:
  Provided that nothing in this subsection shall require an
    MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)  ġ CAP. 104.    9
authorized insurer to pay any sum in respect of the liability of any
person otherwise than in or towards the discharge of that liability,
and any sum paid by an authorized insurer in or towards the
discharge of any liability of any person which is covered by the
policy by virtue only of this subsection shall be recoverable by the
authorized insurer from that person.
(2) Any contract for the conveyance of a passenger in a motor
vehicle in which passengers are carried for hire or reward shall, so
far as it purports to negative or to restrict the liability of any person
in respect of any claim which may be made against that person in
respect of the death of, or bodily injury to the passenger while
being carried in or upon, or entering or getting on to, or alighting
from the motor vehicle, or purports to impose any conditions with
respect to the enforcement of any such liability, be void.
Duty of persons 
against whom 
claims are made to 
give information as 
to insurance. 
Amended by: 
VII. 1990.5.
13. (1) Any person against whom a claim is made in respect of
any such liability as is required to be covered by a policy under
article 4(1) shall, on demand by or on behalf of the person making
the claim, state whether or not he was insured in respect of that
liability by any policy having effect for the purposes of this
Ordinance, or would have been so insured if the authorized insurer
had not avoided or cancelled the policy, and, if he was or would
have been so insured, give such particulars with respect to that
policy as were specified in the certificate of insurance issued in
respect thereof under article 4(4).
(2) If, without reasonable excuse, any person fails to comply
with the provisions of this section, or wilfully makes any false
statement in reply to any such demand as aforesaid, he shall be
guilty of an offence.
Duty to surrender 
certificate on 
cancellation of 
policy.
14. Where a certificate of insurance has been issued under
article 4(4) to the person by whom a policy has been effected and
the policy is cancelled by mutual consent or by virtue of any
provision in the policy, the person to whom the certificate was
issued shall, within seven days from the taking effect of the
cancellation, surrender the certificate to the authorized insurer or, if
it has been lost or destroyed, make and deliver to the authorized
insurer a sworn declaration to that effect, and if he fails so to do he
shall be guilty of an offence.
Application of 
certain sections of 
the Ordinance to 
securities.
15. Repealed by section 3 of Act XLI of 1986.
Payments and 
insurance in 
respect of 
emergency 
treatment of 
injuries arising 
from the use of 
motor vehicles on 
the road. 
Amended by: 
VII. 1990.6.
16. (1) Where medical or surgical treatment or examination is
immediately required as a result of bodily injury (including fatal
injury) to any person caused by, or arising out of, the use of a motor
vehicle on a road, and the treatment or examination so required (in
this section referred to as "emergency treatment") is effected by a
licensed medical practitioner, the person who was using the vehicle
at the time of the event out of which the bodily injury arose shall,
on a claim being made in accordance with the provisions of the
next succeeding section, pay to the practitioner or, where
emergency treatment is effected by more than one practitioner, to
   10        CAP. 104. ħ       MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)
the practitioner by whom it is first effected, such fee as may be
from time to time prescribed.
(2) Where emergency treatment is first effected in a hospital
(that is to say, an institution which provides medical or surgical
treatment for in-patients) the provisions of the foregoing subsection
with respect to the payment of a fee shall, so far as applicable, have
effect with the substitution of references to the hospital for
references to a licensed medical practitioner.
(3) Liability incurred under this section by the person using the
vehicle shall, where the event out of which it arose was caused by
the wrongful act of another person, be treated for the purposes of
any claim to recover damage by reason of that wrongful act, as
damage sustained by the person using the vehicle.
(4) In article 4(1), the reference to liability in respect of death
or bodily injury shall be deemed to include a reference to liability
to make a payment under this section in respect of emergency
treatment required as a result of bodily injury, and the proviso to
that paragraph shall not have effect as respects liability to make a
payment under this section.
Provisions as to 
claims for, and 
supplementary 
provisions as to, 
payments for 
emergency 
treatment.
Amended by:
XXIII. 2000.30.
17. (1) The Malta Transport Authority shall, if so requested
by a person who alleges that he is entitled to claim a payment under
the last foregoing section, furnish to that person any information at
his disposal as to the identification marks of any motor vehicle
which that person alleges to be a vehicle out of the use of which the
bodily injury arose, and as to the identity and address of the person
who was using the vehicle at the time of the event out of which it
arose.
(2) A claim for a payment under the last foregoing section may
be made at the time when the emergency treatment is effected by
oral request to the person who was using the vehicle, and if not so
made must be made by request in writing served on him within
seven days from the day on which the emergency treatment was
effected.
(3) A request in writing must be signed by the claimant or, in
the case of a hospital, by a responsible officer thereof, and must
state the name and address of the claimant, the circumstances in
which the emergency treatment was effected, and that it was first
effected by the claimant, or, in the case of a hospital, in the
hospital.
(4) A request in writing may be served by delivering it to the
person who was using the vehicle, or by sending it in a pre-paid
registered letter addressed to him at his usual or last known
address.
(5) A sum payable under the last foregoing section shall be
recoverable as if it were a civil debt due from the person who was
using the vehicle to the practitioner or the hospital.
(6) A payment made under the last foregoing section to a
practitioner or hospital shall operate as a discharge, to the extent of
the amount paid, of any liability of the person who was using the
    MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)  ġ CAP. 104.    11
vehicle, or of any other person, to pay any sum in respect of the
expenses or remuneration of the practitioner or hospital of or for
effecting the emergency treatment.
(7) A payment under the last foregoing section shall not be
deemed to be a payment by an authorized insurer or owner for the
purposes of article 4(2).
Deposit under this 
Ordinance.
18. Repealed by section 3 of Act XLI of 1986. 
Furnishing of 
information in the 
case of accidents 
involving damage 
or personal injury.
Added by:
III. 1998.3.
18. The provisions of subsection (1) of section 17 of this
Ordinance shall  mutatis   mutandis  apply to a request for information
by any person who alleges that he has suffered any damage or
personal injury as a result of an accident as is mentioned in article
8(2) or to such a request by that person’s insurer.
Forgery, etc., of 
certificates. 
Amended by:
L.N. 4 of 1963; 
XIII. 1983.5; 
XLI. 1986.3; 
VIII. 1990.3;
XXIII. 2000.30.
19. (1) If, with intent to deceive, any person -
( a ) forges or alters or uses or lends to or allows to be used
by any other person, a certificate of insurance under
this Ordinance; or
( b ) makes or has in his possession any document so
closely resembling such a certificate as to be
calculated to deceive,
he shall be guilty of an offence and shall be liable, on conviction, to
imprisonment for a term not exceeding one year or to a fine ( multa )
not exceeding one hundred liri or to both such imprisonment and
fine.
 (2) If any person for the purpose of obtaining the grant of any
licence in respect of any motor vehicle or for the purpose of
obtaining the issue of a certificate of insurance under this
Ordinance makes any false statement or withholds any material
information, he shall be liable, on conviction, to imprisonment for a
term not exceeding six months or to a fine ( multa ) not exceeding
fifty liri or to both such imprisonment and fine.
(3) If any person issues a certificate of insurance which is to
his knowledge false in any material particular, he shall be liable, on
conviction, to imprisonment for a term not exceeding six months or
to a fine ( multa ) not exceeding fifty liri or to both such
imprisonment and fine.
(4) If any member of the Police Force has reasonable cause to
believe that any certificate of insurance produced to him in
pursuance of the provisions of this Ordinance by the driver of a
motor vehicle is a document in relation to which an offence under
this section has been committed, he may seize the document and,
when any document is seized under this section, the person from
whom it was taken shall, unless the document has been previously
returned to him or he has previously been charged with an offence
under this section, be summoned before the Criminal Court of
Magistrates to account for his possession of the said document, and
the court shall make such order respecting the disposal of the said
document as the justice of the case may require.
   12        CAP. 104. ħ       MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)
(5) In this section the expression "certificate of insurance"
includes any document issued under regulations made by the
Minister responsible for transport in pursuance of his power under
this Ordinance to prescribe documents which may be produced in
lieu of a certificate of insurance.
False declarations 
or information to 
authorised insurer. 
Added by: 
III. 1998.4.
19A. Whosoever, in order to gain any advantage or benefit for
himself or others, shall, in a document intended for any authorised
insurer, knowingly make a false declaration or statement, or give
false information, concerning the circumstances of any accident
resulting in personal injury or damage to any vehicle, animal or
other property, shall, on conviction be liable to the punishment of
imprisonment for a term not exceeding six months or to a fine
( multa ) of not less than fifty liri and not exceeding five hundred liri
or to both such imprisonment and fine.
Prosecutions.  
Amended by: 
XIII. 1968.3.  
Cap. 9.
20. All offences under this Ordinance shall be prosecuted in
accordance with the provisions of the Criminal Code.
Refusing to give 
name or address or 
giving false name 
or address.
21. If the driver of any motor vehicle who has committed an
offence under this Ordinance or any regulations made thereunder
refuses to give his name and address, or gives a false name or
address, he shall be guilty of an offence under this Ordinance; and
it shall be the duty of the owner of the motor vehicle, if required so
to do, to give any information which it is in his power to give and
which may lead to the identification and apprehension of the driver,
and if he fails to give such information he shall be guilty of an
offence under this Ordinance.
Offences and 
general penalty. 
Amended by: 
XIII. 1983.5.
22. (1) Any person who by any act or omission contravenes or
fails to comply with the provisions of this Ordinance shall, unless a
penalty is otherwise specifically provided, be liable to a fine
( multa ) not exceeding twenty liri or to imprisonment for a term not
exceeding three months.
(2) Where a person is, by virtue of any power under this
Ordinance or any regulations made thereunder, required to do or to
abstain from doing any act or thing and makes default in complying
with any such requisition, it shall be lawful for the court on the
conviction of such person, in addition to any other penalty which it
may impose, to order such person to comply with such requisition
and to attach to any such order any condition as to time or mode of
action, or otherwise, which it may think necessary to enforce
compliance therewith.
(3) If a person makes default in complying with any such order
as aforesaid, the court may, in its discretion, order such person to
pay a sum not exceeding one lira for every day the default
continues or that he be kept in prison until he complies with the
said order:
 Provided that any such person shall not in respect of such
default be liable to the payment of any sums amounting in the
aggregate to more than twenty liri or to imprisonment for any
periods amounting in the aggregate to more than two months in
addition to any other fine or term of imprisonment to which he may
    MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)  ġ CAP. 104.    13
otherwise be liable.
Regulations for 
purposes of this 
Ordinance. 
Amended by: 
X.1947.3; 
VI.1958.2; 
XXV.1962.4; 
L.N. 4 of 1963; 
XLIX.1981.6; 
XIII.1983.5; 
XLI.1986.3; 
L.N. 163 of 1990;
XXIII. 2000.30.
23. (1) The Minister responsible for transport may make
regulations for prescribing anything which may be prescribed under
this Ordinance, and generally for the purpose of carrying this
Ordinance into effect, and in particular, but without prejudice to the
generality of the foregoing provisions, may make regulations - 
( a ) as to the forms to be used for the purposes of this
Ordinance;
( b ) as to applications for and the issue of certificates of
insurance and any other documents which may be
prescribed, and as to the keeping of records of
documents and the furnishing of particulars thereof, or
the giving of information with respect thereto to the
Commissioner of Police or to the Malta Transport
Authority, as the case may require;
( c ) as to the issue of copies of any of the said certificates
or other documents which are lost or destroyed;
( d ) as to the custody, production, cancellation and
surrender of any such certificates or other documents;
( e ) with respect to applications for the making of deposits,
the investment thereof or dealing therewith, the
payment and rate of interest on deposit and the
withdrawal thereof.
(2) If any person acts in contravention of or fails to comply
with any regulation under this Ordinance he shall, for each offence,
be liable to such maximum penalty not exceeding a fine ( multa ) of
twenty liri as may be prescribed by the regulations.
