23.07.2026
Malta has introduced a new procedure allowing certain fines to be imposed and collected immediately from foreign nationals who do not habitually reside in Malta.
The On the Spot Fines (Non-habitual Residents) Regulations, introduced through Legal Notice 182 of 2026 and published on 8 July 2026, establish a specific enforcement mechanism intended principally to address contraventions committed by visitors and other persons who do not have an established residence status in Malta.
The system does not remove the right to contest a contravention. However, it changes the practical manner in which a fine may initially be enforced: payment may be demanded immediately and, in cases of non-payment, a travel document may be retained pending payment or the conclusion of proceedings.
Who is covered by the regulations?
The regulations do not apply to every foreign national present in Malta.
They apply specifically to a “non-habitual resident”, defined as a natural person who:
The category may therefore include tourists and other short-term visitors. Conversely, a foreign national who holds a valid Maltese residence document or qualifying long-term residence permit would not fall within this particular definition merely because that person is not Maltese.
The regulations apply only where the alleged offence:
They do not apply to offences punishable by imprisonment or to offences expressly excluded by another law. They are also inapplicable to certain offences falling under article 4(1) of the Drug Dependence (Treatment not Imprisonment) Act.
Which authorities may issue an on-the-spot fine?
The procedure may be initiated by an authorised officer forming part of:
The officer must have reasonable grounds to suspect that the person committed an offence covered by the relevant Schedule and must also establish that the person is a non-habitual resident for the purposes of the regulations.
The Government explained that the system was introduced in response to enforcement difficulties where persons who did not reside in Malta left the country without paying fines imposed against them.
What information must the person receive?
When an on-the-spot fine is issued, the authorised officer must inform the person, or make available to that person, information concerning:
This information is important because immediate payment does not, in itself, amount to the loss of the right to challenge the fine.
How much may be charged?
The amount payable is generally the fine prescribed by law for the particular contravention.
Where the law provides a range of possible fines, the authorised officer must impose the minimum amount falling within that range.
In any event, the amount payable under this procedure cannot be less than:
whichever is higher.
The regulations do not create one uniform €25 fine. Rather, €25 operates as a statutory floor, while the actual amount will depend on the offence concerned.
How must payment be made?
Payment must be made immediately through an authorised electronic payment system or another electronic method approved by the Minister through a Government notice.
Cash payment is expressly excluded.
Payment is treated as completed only once:
The person must then produce the receipt to the authorised officer as confirmation of payment.
Can the fine still be contested after payment?
Yes.
The regulations expressly preserve the person’s right to:
For this purpose, payment is initially treated as a deposit securing the execution of the eventual decision, rather than as an irrevocable admission that the offence was committed.
A person may also submit written representations instead of appearing personally before the Commissioner, where permitted. Proceedings may be held electronically, and notices may be served through the electronic address provided to the authorised officer.
Where a petition is filed before the Petitions Board, the regulations provide that it is to be decided within 48 hours of submission.
If the fine is overturned, the amount paid must be reimbursed without undue delay.
If, however, no petition is filed and the person does not appear before the Commissioner within the applicable time limits, payment extinguishes the person’s liability for the offence and no further proceedings are taken.
What happens if immediate payment is refused?
The most significant enforcement measure introduced by the regulations concerns the seizure of travel documents.
Where a person fails or refuses to pay immediately, the Executive Police may seize a passport or other travel document for the purpose of ensuring that person’s appearance before a Commissioner for Justice.
The document may be retained:
Where the person is found guilty, the travel document may continue to be retained until full payment is made.
An authorised LESA or ERA officer who encounters a refusal to pay may request the assistance of the Executive Police, who may then exercise the power to seize the travel document.
What if the person refuses to provide identification?
Where the person refuses or fails to produce an identity or travel document, and their identity cannot be established with reasonable certainty, the Police may arrest the person in accordance with article 355Z of the Criminal Code.
Following arrest, the Police may exercise the powers of search incidental to arrest and retain documents found in the person’s possession for the purposes of establishing identity and ensuring appearance before a Commissioner.
The regulations also preserve the Police’s ability to apply for a warrant under article 355E of the Criminal Code to search the person’s temporary residence for a relevant travel document.
These powers are therefore not limited to requesting that a passport be handed over voluntarily.
When must a travel document be returned?
A seized passport or other travel document must be returned without undue delay where:
Where the person is found guilty but continues to refuse or fail to pay, the authorities may also take measures under immigration legislation to prohibit or restrict that person’s re-entry into Malta.
A related amendment to Malta’s immigration regulations was also published on 8 July 2026, providing a legislative framework connected to possible re-entry restrictions following non-payment.
What if another, more serious offence is also alleged?
The on-the-spot procedure is not used where the person is concurrently suspected of committing another offence that does not fall within the relevant Schedule.
In those circumstances, ordinary proceedings must instead be instituted under the legislation governing the offences concerned.
The mechanism should therefore not be understood as an alternative procedure for criminal offences generally. It is confined to the categories of contraventions specifically covered by the Commissioners for Justice framework.
A balance between immediate enforcement and procedural rights
The regulations create a substantially more immediate enforcement process for tourists and other qualifying non-residents.
From an enforcement perspective, the mechanism seeks to reduce the risk that an offender leaves Malta before paying a fine. From the individual’s perspective, however, several procedural protections remain important:
Anyone issued with an on-the-spot fine should retain the payment receipt and all documentation provided by the officer. Particular attention should also be given to the applicable time limit for submitting a petition or contesting the fine, since failure to act within that period may bring the matter to a final conclusion.
Article written by Senior Associate Dr Marcus Degiorgio. For further assistance or legal advice in relation to on-the-spot fines or related proceedings, please contact Dr Marcus Degiorgio at marcus@dingli.com.mt or the Litigation Department at litigation@dingli.com.mt.
This article is intended for general informational purposes only and does not constitute legal advice. The application of the regulations will depend on the particular offence, the status of the person concerned and the circumstances in which the fine was issued.