Wardens will be authorized to carry out breathalyser tests and will also be granted the power to temporarily detain uncooperative drivers until the police arrive, according to planned new traffic regulations.

Justice Minister Owen Bonnici launched a White Paper on traffic laws reform this morning. The public consultation exercise will last until 15 November.

Dr Bonnici said wardens will have the power to carry out breathalyzer tests on drivers if there is reasonable suspicion that that person is driving under the influence. If the driver refuses to take the test, or fails the test, the warden will be able to detain that person until the police arrive at the scene.

According to statistics provided by the minister during the press conference, 183 people were arraigned based on breathilyzer tests last year, with 104 being found guilty.

The proposed regulations also include the extension of the provisional points system to all drivers. The conditions, however, will be less harsh than those of the present system.

It was explained that drivers that get more than 12 traffic points in the space of a year will be able to get a new driving licence after two months from the revocation date and without the need to sit for a new driving test.

If drivers have their licence revoked for a second time within a three year period they can get a new licence after two months but would have to retake the test.

If a licence is revoked for a third time within five years the driver may only have his licence granted upon the submission of application one year after the revocation date, unless a magistrate gives a shorter timeframe.

If drivers have their licence revoked for a fourth time within a seven year period they can only submit a fresh application if authorised by a court, and only after two years from the revocation date. 

It is also being proposed that it should be made possible for a driver holding a full driving licence to have penalty points reduced by half if the driver attends a course on road safety awareness approved by Transport Malta.

He said that the fines for driving without a licence, and using false registration numbers will rise, and the court would be able to suspend the person’s licence without the request being made by the prosecution. If the person doesn’t have a license, then the person would need to go to court before applying, the minister said.

According to the White Paper, the penalty for driving without a licence will increase from €232 to a maximum of €1,200. The possible three months imprisonment will also be extended to one year.

He announced that an increase in the punishment for driving under the influence of alcohol or drugs will be implemented. In addition, the courts will be able to order probation and a rehabilitation programme in such cases.

A new system of permissible alcohol limits will be adopted, more similar to the more common European approach.

The reform can be viewed here