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 LOCAL ENFORCEMENT SYSTEM (LES)
  >> FREQUENTLY ASKED QUESTIONS INDEX
   
     
1. WHICH LAWS MAY BE COVERED BY LOCAL ENFORCEMENT?
2. WHAT IS MEANT BY THE DELEGATED ENFORCEMENT OF A CONTRAVENTION?
3. WHAT IS A BYE-LAW?
4. WHAT IS THE LEGAL LIFE-CYCLE OF A CONTRAVENTION?
5. WHAT IS A TICKETABLE CONTRAVENTION?
6. WHAT IS A NON-TICKETABLE CONTRAVENTION?
7. WHAT IS A REPORTABLE CONTRAVENTION?
8. THE NUMBER OF TICKETS RELATED TO ‘ENVIRONMENT’, ‘LITTER’, ‘PERMITS’ AND OTHERS ARE VERY FEW IN NUMBER WHEN COMPARED TO THE NUMBER OF TICKETS RELATED TO TRAFFIC CONTRAVENTIONS? WHY DOES THIS HAPPEN?
9. DO ALL THE ENFORCEMENT OFFICERS HAVE THE SAME AUTHORITY?
10. I FEEL THAT THE ENFORCEMENT OFFICER HAS ISSUED A TICKET WITHOUT ANY BASIS. WHAT CAN I DO ABOUT IT?
11. IS THERE ANY DIFFERENCE IN THE LEGAL PROCESS OF A TICKET ISSUED BY A LOCAL WARDEN, A TRANSPORT AUTHORITY OFFICER AND THAT ISSUED BY A POLICE OFFICER?
12. WHAT HAPPENS WHEN A POLICE OFFICER ISSUES A MANUAL TICKET?
13. WHAT HAPPENS WHEN A TRANSPORT AUTHORITY (TM) OFFICER ISSUES A TICKET?
14. WHAT HAPPENS WHEN A LOCAL WARDEN ISSUES A TICKET?
15. WHAT EXACTLY ARE THE DUTIES, POWERS AND RESPONSIBILITIES OF THE LOCAL WARDEN?
16. WHAT CAN I DO IF I HAVE BEEN GIVEN A TICKET?
17. HOW DO I FIND OUT THE ACTUAL AMOUNT OF THE FINE TO BE PAID?
18. HOW CAN I PAY THE FINE?
19. I HAVE RECEIVED A TICKET. I WENT TO PAY THE FINE BUT THE LOCAL COUNCIL DID NOT ACCEPT THE PAYMENT BECAUSE THE RECORD WAS NOT IN ITS COMPUTER SYSTEM. WHY DOES THIS HAPPEN AND WHAT SHOULD I DO UNDER THESE CIRCUMSTANCES?
20. I HAVE SENT A CHEQUE TO PAY MY FINE. HOWEVER, I WAS GIVEN A SENTENCE OF ‘GUILTY-NO SHOW’. WHY DOES THIS HAPPEN?
21. IS THERE A TIME LIMIT WITHIN WHICH I HAVE TO PAY THE FINE?
22. I HAVE PAID THE FINE AFTER I RECEIVED THE SUMMONS. AM I STILL BOUND TO APPEAR BEFORE THE LOCAL TRIBUNAL?
23. WHY HAVE I BEEN GIVEN A TICKET ‘LICENCE NOT RENEWED’ WHEN IN ACTUAL FACT I HAD PAID THE FINE AT THE LICENSING OFFICE BY CHEQUE WEEKS AGO? WHAT CAN I DO NOW THAT I HAVE BEEN SUMMONED TO APPEAR BEFORE THE LOCAL TRIBUNAL?
24. MY CAR HAD FOG LAMPS. I WAS FINED FOR USING THEM. WHY ARE CARS ENTERING MALTA ALLOWED TO BE FITTED WITH FOG LAMPS WHEN THESE CANNOT BE USED? WHAT LAW STATES THAT THE USE OF FOG LAMPS IS ILLEGAL? WHAT SHALL I DO NOW?
25. I HAVE A CAR REGISTERED UNDER MY NAME. HOWEVER, THE CAR IS USED BY OTHERS TOO. WHAT IS MY POSITION IF THEY ARE BOOKED FOR A CONTRAVENTION WHEN THEY ARE USING MY CAR?
26. I HAVE RECEIVED A TICKET FOR A CONTRAVENTION IN RESPECT OF A CAR WHICH IS NO LONGER MINE. THE NEW OWNER HAS, PRESUMABLY NOT MADE THE REQUIRED TRANSFER. WHAT IS MY POSITION?
27. I HAVE HEARD THAT THE AMOUNT DUE IN RESPECT OF THE SAME CONTRAVENTION VARIES FROM ONE ENFORCEMENT OFFICER TO ANOTHER. IS THIS POSSIBLE?
28. WHAT IS A SUMMONS?
29. CAN I BE SERVED WITH A SUMMONS WHEN IN ACTUAL FACT I NEVER RECEIVED A TICKET?
30. IS IT LEGAL FOR THE ENFORCEMENT OFFICER TO BOOK A PERSON WITHOUT STOPPING THE PERSON. WHY IS THIS SO?
31. I WAS VERBALLY WARNED OF A CONTRAVENTION AND NOT GIVEN A TICKET. DAYS LATER I RECEIVED A SUMMONS. IS THIS LEGAL?
32. CAN YOU HIGHLIGHT THE MOST COMMON CIRCUMSTANCES WHEN THE OFFENDER MIGHT NOT HAVE FOUND/BEEN HANDED A TICKET?
33. WHO CAN SERVE A SUMMONS?
34. HOW WILL I BE SERVED WITH A SUMMONS?
35. I HAVE RECEIVED A TICKET AND INTEND TO CONTEST THE FINE. WHAT KIND OF EVIDENCE SHOULD I PRESENT BEFORE THE LOCAL TRIBUNAL?
36. ON THE SUMMONS I HAVE BEEN CALLED TO APPEAR BEFORE A PARTICULAR LOCAL TRIBUNAL. CAN I CHOOSE TO APPEAR BEFORE ANOTHER LOCAL TRIBUNAL?
37. WHAT HAPPENS IF I CANNOT ATTEND BEFORE THE TRIBUNAL ON THE DATE INDICATED ON THE SUMMONS?
38. I HAVE BEEN SUMMONED TO APPEAR ON THE APPOINTED DAY AND TIME BEFORE THE LOCAL TRIBUNAL. UPON ARRIVAL I WAS INFORMED THAT THE SITTING HAD BEEN POSTPONED. WHY DOES THIS HAPPEN?
39. I AM IN DOUBT WHETHER I AM GUILTY OR NOT. WHAT ARE THE CHANCES THAT I AM NOT FOUND GUILTY?
40. WHAT ARE THE JUDGMENTS DELIVERED BY THE LOCAL TRIBUNAL?
41. DO I INCUR A HIGHER FINE IF I CONTEST MY CASE BEFORE THE LOCAL TRIBUNAL AND I AM FOUND GUILTY?
42. WHERE DO I PAY THE FINE OR PENALTY INFLICTED UPON ME BY THE COMMISSIONER FOR JUSTICE?
43. WHAT IS THE NOTICE TO PAY?
44. I HAVE RECEIVED A NOTICE TO PAY IN WHICH I AM INFORMED THAT I HAVE TO PAY THE AMOUNT OF € IN RESPECT OF CONTRAVENTION NUMBER XXXXXXXXX. I AM SURE THAT I HAD PAID THE RESPECTIVE FINE. WHAT CAN I DO?
45. CAN I APPEAL FROM THE SENTENCE DELIVERED BY THE LOCAL TRIBUNAL?
46. WHAT SHOULD I WEAR WHEN I PRESENT MYSELF DURING THE LOCAL TRIBUNAL SITTING?
47. WHAT IS THE LEGAL SOURCE FOR THE SETTING UP OF LOCAL TRIBUNALS? WHERE MAY I FIND THE LOCATION OF A TRIBUNAL?
48. I WOULD LIKE SOME MORE INFORMATION. WHO DO I CONTACT?
49. WHAT IS A PETITION?
51. ON WHAT GROUNDS CAN I LODGE A PETITION?
53. ON WHAT GROUNDS AM I NOT ALLOWED TO LODGE A PETITION?
55. HOW DO I LODGE A PETITION?
57. WHAT IS THE DIFFERENCE BETWEEN AN ONLINE PETITION AND A HAND WRITTEN PETITION?
59. CAN I LODGE A PETITION ON THE SAME DAY THAT I HAVE TO ATTEND THE TRIBUNAL HEARING?
61. CAN I LODGE A PETITION IF I HAVE ALREADY PAID THE FINE?
63. CAN I LODGE A PETITION ON BEHALF OF SOMEONE ELSE?
65. HOW DO I LODGE A PETITION ONLINE?
67. HOW DO I REGISTER?
69. WHY DO I NEED TO REGISTER TO LODGE AN ONLINE PETITION?
71. SHOULD I REGISTER WITH WWW.LES.GOV.MT EVEN IF I DON’T NEED TO SEND A PETITION?
73. HOW DO I LOGIN?
75. DO I ALSO NEED TO REGISTER AND LOGIN TO PAY A CONTRAVENTION?
77. HOW LONG DOES IT TAKE TO RECEIVE AN ACKNOWLEDGMENT AFTER LODGING A PETITION ONLINE?
79. HOW LONG DOES IT TAKE AFTER HAVING LODGED A PETITION TO RECEIVE A DECISION FROM THE BOARD?
81. WILL I STILL RECEIVE A SUMMONS IF I HAVE LODGED A PETITION?
83. DO I STILL NEED TO ATTEND THE TRIBUNAL IF I HAVE LODGED A PETITION?
85. WHAT HAPPENS IF MY PETITION IS REJECTED BY THE BOARD OF PETITIONS?
87. MY PETITION HAS BEEN ACCEPTED, DO I NEED TO INFORM THE AUTHORITIES MYSELF?
89. WHAT DOES IT MEAN IF MY PETITION HAS BEEN PARTIALLY ACCEPTED?


>> FREQUENTLY ASKED QUESTIONS
     
     
     
Q. WHICH LAWS MAY BE COVERED BY LOCAL ENFORCEMENT?
The laws and regulations that are delegated for Local Enforcement are found in the Schedule to the Commissioners for Justice Act, Chapter 291 of the Laws of Malta MT / ENG and the Local Councils Act, Chapter 363 of the Laws of Malta MT / ENG.. Legal Notice 32 of 2000, as amended from time to time, lists in its FIRST SCHEDULE all contraventions delegated for enforcement by the 5 Regional Committees (4 in Malta and Gozo)
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Q. WHAT IS MEANT BY THE DELEGATED ENFORCEMENT OF A CONTRAVENTION?
A contravention the enforcement of which has been delegated to the local councils or, since 1st September, 2011, to the Regional Committees, contravention is an offence that is prosecuted before the Local Tribunal. Before the introduction of the Local Tribunal facility all these offences/contraventions were issued by a member of the Police Force and prosecuted before a Court of Magistrates. Today, the 5 Regional Committees composed of Members representing the Local Councils constitute the respective Regions, are empowered to engage the services of Local Wardens to enforce these delegated laws and also any other laws that are subsequently delegated to them. The offences delegated for enforcement are listed in the First Schedule to Legal Notice 32 of 2000 (as amended from time to time) and generally fall under the following headings:

Traffic Related Offences

Traffic Regulation Ordinance (Cap. 65) MT / ENG
Motor Vehicles Regulations, 1994 MT / ENG
Code of Police Laws (Cap. 10) MT / ENG
Traffic Signs and Carriageway Markings Regulations, 1969 ENG1 / ENG2
Motor Vehicles Insurance (Third-Party Risks) Ordinance (Cap.104.) MT / ENG
Motor Vehicles (Wearing of Seat Belts) Regulations, 2003 (Legal Notice 252 of 2003) MT / ENG
Controlled Parking Schemes (Residents and Commercial) Regulations, 2001 (Legal Notice 295 of 2001)MT / ENG
Motor Vehicles (Registration and Licensing) Regulations (Legal Notice 476 of 2004) MT

Environment Related Offences

Litter Act (Cap.206.) MT / ENG
Abandonment, Dumping and Disposal of Waste in Streets and Public Places or Areas Regulations, 2005 (Legal Notice 344 of 2005). ENG
Environmental Management Construction Site Regulations, 2007 (Legal Notice 295 of 2007). ENG

Others

Food Safety Act, (Cap. 449) MT / ENG
Education Act (Cap327.) MT / ENG
Tobacco (Smoking Control) Act (Cap.315.) MT / ENG
Control of Dogs Regulations, 2000 (Legal Notice 242 of 2000). MT / ENG
Activities requiring Permit by Local Councils Regulations, 2002 (Legal Notice 119 of 2002). ENG
Trenching Works requiring Permit by Local Councils Regulations, 2002 (Legal Notice 313 of 2002). ENG
Erecting of Billboards on the Road Regulations, 2004 (Legal Notice 368 of 2004) Regulation 14. ENG

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Q. WHAT IS A BYE-LAW?
A bye-law is a law that is enacted by the Local Council. Bye-laws are enforceable only within those areas which fall within the boundaries of the Local Council that has issued them. However, the Minister responsible may issue a legal notice whereby he declares that any particular bye-law shall be enforceable within all localities.
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Q. WHAT IS THE LEGAL LIFE-CYCLE OF A CONTRAVENTION?
Most delegated contraventions have a life span of 3 months from date of issue, after which they become ‘time barred’. However, the successful service of a summons extends this time by another 6 months.
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Q. WHAT IS A TICKETABLE CONTRAVENTION?
A ticketable contravention is a contravention in respect of which an Enforcement Officer (e.g., a Local Warden) issues a notice of a contravention referred to as ‘ticket’ on the site where the contravention has been committed. A typical example would be a parking ticket. The Enforcement Officer sees a car which is parked on a single yellow line. He or she issues a ticket and affixes it to the windscreen. However, failure to find the ticket affixed to the vehicle does not mean that the Enforcing Authority (e.g., Regional Committee ) cannot proceed against the alleged contravenor.
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Q. WHAT IS A NON-TICKETABLE CONTRAVENTION?
A ‘non-ticketable’ contravention is a contravention in respect of which no ticket is issued. An Enforcement Officer has the option of issuing a summons instead of a notice of a contravention (ticket). Generally, this option is resorted to when an offence is considered to be of a serious nature in which case, the maximum penalty determined by the respective law may be applied, whilst when a ticket is issued, the minimum fine always applies. As an example, a Local Warden normally issues a ticket in connection with a minor littering offence (e.g., the disposal of a small bag containing discarded material) but, in the case of dumping of bulky refuse, the issue of a summons should be preferred, thereby empowering the Local Tribunal to apply heavier fines for such a more serious offence
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Q. WHAT IS A REPORTABLE CONTRAVENTION?
An Enforcement Officer who sees a contravention submits a report to the Management Company responsible so that the latter will take the action necessary. A typical example would be in those instances where the required Malta Environment and Planning Authority Permit is not affixed to a site that is being developed. The Enforcement Officer will take all the relevant details and submit a report to the Malta Environment and Planning Authority. Malta Environment and Planning Authority Officers will then proceed according to its own procedures.
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Q. THE NUMBER OF TICKETS RELATED TO ‘ENVIRONMENT’, ‘LITTER’, ‘PERMITS’ AND OTHERS ARE VERY FEW IN NUMBER WHEN COMPARED TO THE NUMBER OF TICKETS RELATED TO TRAFFIC CONTRAVENTIONS? WHY DOES THIS HAPPEN?
The reason is that traffic-regulation offenders are more easily apprehended. On the other hand it is quite difficult for the Enforcement Officer to actually catch a person on the spur of the moment contravening an environment or a litter regulation. One must appreciate that all Enforcement Officers employ all their efforts to capture all contraventions as they happen. Co-operation from the public would certainly help to decrease the number of tickets issued in respect of traffic-regulations contraventions.To facilitate the enforcement process relating to littering offences, Local Wardens can now present themselves and also prosecute offenders in plain clothes.
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Q. DO ALL THE ENFORCEMENT OFFICERS HAVE THE SAME AUTHORITY?
No. The Enforcement Officer with the highest authority is the Police Officer. Police Officers are on duty twenty-four hours a day and therefore they can issue a ticket at any time of the day and in any locality. On the other hand the Local Warden can issue tickets only during those hours and in the area that has been identified by the Authorised Officer. In fact, the Local Warden has a set number of patrols at particular times and in specific localities. With respect to Transport Authority Officers, these can issue tickets in respect of offences related to transport.
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Q. I FEEL THAT THE ENFORCEMENT OFFICER HAS ISSUED A TICKET WITHOUT ANY BASIS. WHAT CAN I DO ABOUT IT?
Once a ticket is issued, you cannot contact the Enforcement Officer concerned to cancel the ticket. No Enforcement Officer may waive any tickets issued, even if they are their own. This is because the LES is a transparent and accountable system and requires a strict procedure to be followed with the necessary authorisations. Should you feel that you have been unjustly issued with a contravention, you may challenge such ticket in the following ways:
1. You may choose to contest the ticket before the Local Tribunal on the appointed day shown on the summons, where you will be required to state your case, by producing supporting evidence, such as witnesses and documentary evidence, to corroborate your statement.
2. You may also choose to send a petition in writing, to the Board of Petitions, at any time from the issuing of the ticket up until one year from the date of the tribunal judgement. A petition-on-line facility has also been introduced for aggrieved persons who prefer to track any petitions submitted on-line to the Petitions Board.
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Q. IS THERE ANY DIFFERENCE IN THE LEGAL PROCESS OF A TICKET ISSUED BY A LOCAL WARDEN, A TRANSPORT AUTHORITY OFFICER AND THAT ISSUED BY A POLICE OFFICER?
No. The legal process is identical in all the three cases. The only difference lies in the format of the ticket.
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Q. WHAT HAPPENS WHEN A POLICE OFFICER ISSUES A MANUAL TICKET?
The Police Officer writes out a ticket on the site where the incidence occurred. A copy of the same ticket is forwarded to the Management Company that is responsible for the processing of these contraventions. The details on the tickets are then entered manually into the LES database. This manual process might take a couple of weeks to complete and for the ticket to be available for payment. Subsequently a summons is automatically generated and sent to the individual charged.
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Q. WHAT HAPPENS WHEN A TRANSPORT AUTHORITY (TM) OFFICER ISSUES A TICKET?
The TM Enforcement Officer writes out a ticket on the site where the incident occurred. The details on the tickets are then entered manually by TM into the LES database. Subsequently a summons is automatically generated and sent to the individual charged.
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Q. WHAT HAPPENS WHEN A LOCAL WARDEN ISSUES A TICKET?
The Local Warden prints out a ticket on the site where the incident occurred. All the details of the contravention are forwarded in real time to the Management Company. The data is stored with the Management Company that is responsible for the processing of these contraventions. The individual charged, is given a period of seven days within which he can pay the fine due without being subjected to further Tribunal proceedings. Upon the lapse of this seven-day period, the summons is automatically generated and the individual charged will be called to appear before the respective Local Tribunal.
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Q. WHAT EXACTLY ARE THE DUTIES, POWERS AND RESPONSIBILITIES OF THE LOCAL WARDEN?
The duties of the Local Warden emanate from the Private Guards and Local Wardens Act (MT/ ENG)
The legislation stipulates that a Local Warden is obliged to carry out those services as may be required by Local Councils or a Regional Committee in respect of overseeing the control, regulation and enforcement of delegated offences and bye-laws. In order to carry out his duties efficiently, the Local Warden has the power to stop any person whom he suspects to have committed any delegated offence or bye-law. The Local Warden is also empowered to detain any individual who resists a Local Warden or fails to give the personal particulars required by law.
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Q. WHAT CAN I DO IF I HAVE BEEN GIVEN A TICKET?
You have three options:
1. You can pay the ticket, in various ways (How can I pay the fine?).
2. Contest the contravention before the Local Tribunal.
3. Send a petition in writing or through the petitions-on-line facility to the Board of Petitions (Lodge A Petition)
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Q. HOW DO I FIND OUT THE ACTUAL AMOUNT OF THE FINE TO BE PAID?
You can find the minimum amount due written down on the ticket. However, if you did not receive the ticket you may call at any Local Council, or send an email to helpline@les.gov.mt or go to the Contraventions Information section on this website.
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Q. HOW CAN I PAY THE FINE?
You can pay the fine in cash, by cheque or by Electronic Point Of Sale Card during normal office hours at the administrative offices of any Local Council in Malta or Gozo. You may also settle your fine by sending a cheque address to the Region where the offence has been committed (if the ticket has been issued after 1st September 2011) or to the Local Council (if the ticket has been issued before 1st September 2011). Alternatively you can pay the fine online by visiting www.les.gov.mt.
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Q. I HAVE RECEIVED A TICKET. I WENT TO PAY THE FINE BUT THE LOCAL COUNCIL DID NOT ACCEPT THE PAYMENT BECAUSE THE RECORD WAS NOT IN ITS COMPUTER SYSTEM. WHY DOES THIS HAPPEN AND WHAT SHOULD I DO UNDER THESE CIRCUMSTANCES?
In some cases, police tickets are issued manually and therefore need to be entered into the LES database manually. Subsequently such tickets require some time to be fully processed and shown on the system. Please note that unless the contravention is judged on the day of the hearing the fine will not increase in the meantime
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Q. I HAVE SENT A CHEQUE TO PAY MY FINE. HOWEVER, I WAS GIVEN A SENTENCE OF ‘GUILTY-NO SHOW’. WHY DOES THIS HAPPEN?
When paying by cheque, you are always advised to follow up the cheque-payment and we strongly advise you to effect payment by cheque at least two weeks prior to the Tribunal Sitting date. The most common reasons why you were given a sentence of 'guilty-no show' are:

• the cheque arrived after the date of the Tribunal sitting
• the cheque could not be cashed by the Local Council/Region because you did not have sufficient funds in your bank account.

It is your responsibility to ensure that the cheque was delivered on time and to ensure that you had sufficient funds in your bank account. However, if you have enough evidence to prove that this mishap was due to negligence on the part of third parties, you have the right to appeal within thirty days from date of judgment. On the other hand, payment by cash can help to avoid such instances.
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Q. IS THERE A TIME LIMIT WITHIN WHICH I HAVE TO PAY THE FINE?
Strictly speaking the fine must be paid within seven days from date of issue of ticket.. However, the 7-day payment period on the back of the police ticket and on the local warden tickets refers to the initiation of tribunal proceedings and therefore you will not incur any further fines or penalties even though this 7-day period has elapsed as long as you pay the ticket before the tribunal date. Following this time limit, should the contravention still be outstanding, summons will be issued by the Local Council/Region in preparation for proceedings before the Local Tribunal and the Commissioner for Justice. However, in the meantime, payment can still be effected and all tribunal proceedings will automatically be halted. If the sitting date has passed, and payment is still outstanding, please note that an additional penalty of €11.65 will be incurred by automatic operation of the law one month after tribunal sentence date
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Q. I HAVE PAID THE FINE AFTER I RECEIVED THE SUMMONS. AM I STILL BOUND TO APPEAR BEFORE THE LOCAL TRIBUNAL?
No, there is no obligation to appear before the Local Tribunal if you have paid the fine after receiving the summons. However we recommend you contact the Local Council / Region concerned to confirm the receipt of payment, alternatively you can also send an email to helpline@les.gov.mt or contact us 23318900
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Q. WHY HAVE I BEEN GIVEN A TICKET ‘LICENCE NOT RENEWED’ WHEN IN ACTUAL FACT I HAD PAID THE FINE AT THE LICENSING OFFICE BY CHEQUE WEEKS AGO? WHAT CAN I DO NOW THAT I HAVE BEEN SUMMONED TO APPEAR BEFORE THE LOCAL TRIBUNAL?
According to the law, any car on the road (even if parked in front of the owner's residence) must have a valid license affixed on the left hand side of the windscreen. It is the duty of the owner to assure that the license is paid and affixed prior to the date of expiry. Therefore, when paying by cheque it is always recommended that one follows up the movement of the cheque-payment. However, if you have ample proof of negligence on the part of third parties, you should contest the case by attending the Local Tribunal on the appointed day or by sending a petition in writing or through the petition-on-line facility to the Board of Petitions. Moreover, the provision of any supporting documents is recommended in both cases.
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Q. MY CAR HAD FOG LAMPS. I WAS FINED FOR USING THEM. WHY ARE CARS ENTERING MALTA ALLOWED TO BE FITTED WITH FOG LAMPS WHEN THESE CANNOT BE USED? WHAT LAW STATES THAT THE USE OF FOG LAMPS IS ILLEGAL? WHAT SHALL I DO NOW?
The Motor Vehicle Regulations clearly states that "No fog lamps shall be used at any time unless there exist conditions which seriously reduce visibility" which implies that fog lamps can only be used when there is fog. Hence, if you wish to contest the contravention, it is advised that you have enough evidence that on the day of the offence it was "foggy"
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Q. I HAVE A CAR REGISTERED UNDER MY NAME. HOWEVER, THE CAR IS USED BY OTHERS TOO. WHAT IS MY POSITION IF THEY ARE BOOKED FOR A CONTRAVENTION WHEN THEY ARE USING MY CAR?
The registered user is always responsible for any contraventions committed with his car. However, there are certain cases where the driver or the passenger is responsible – a typical example is the failure to wear a seatbelt. Moreover, there are also a class of offences where the owner remains responsible unless, prior or during the proceedings before the Local Tribunal, he or she reveals the name of the person who committed the offence and that person either admits to have committed the offence or is found guilty by the Local Tribunal of having committed the offence in question Art 55 (3) Traffic Regulation Ordinance (Cap. 65) MT/ ENG
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Q. I HAVE RECEIVED A TICKET FOR A CONTRAVENTION IN RESPECT OF A CAR WHICH IS NO LONGER MINE. THE NEW OWNER HAS, PRESUMABLY NOT MADE THE REQUIRED TRANSFER. WHAT IS MY POSITION?
First of all you should check with the Licensing Department whether the actual transfer has been made. However, you will still be responsible unless you have notified the Commissioner of Police in writing of such sale or disposal. The notice must have reached the Commissioner of Police within seven days from the day of the selling or disposal of the vehicle in question and it must include the name and address of the person who has agreed to buy your vehicle. If this procedure has been complied with and you have all the relative documentary evidence then you should contest your case before the Local Tribunal on the date appointed or by sending a petition in writing or through the petition-on-line facility to the Board of Petitions.
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Q. I HAVE HEARD THAT THE AMOUNT DUE IN RESPECT OF THE SAME CONTRAVENTION VARIES FROM ONE ENFORCEMENT OFFICER TO ANOTHER. IS THIS POSSIBLE?
The minimum and maximum fine payable for contraventions is established by law. Therefore it will not vary from one Enforcement Officer to another. However, you must keep in mind that if you pay the fine prior to the Local Tribunal sitting you will pay the minimum. On the other hand, if you decide to contest your case before the Local Tribunal, the amount of the fine will be at the sole discretion of the Commissioner for Justice, as a result of which the person may be fined with the maximum amount.
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Q. WHAT IS A SUMMONS?
A summons is a notice addressed to the offender wherein he/she is ordered to appear before the respective Local Tribunal to answer for the charge, details of which are indicated in the summons.
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Q. CAN I BE SERVED WITH A SUMMONS WHEN IN ACTUAL FACT I NEVER RECEIVED A TICKET?
According to the Commissioners for Justice Act, tickets, where practicable, should be given to the offender. If the contravention involves a motor vehicle, the ticket should be affixed to the windscreen of that vehicle. However, if it is not possible for the Enforcement Officer to hand the ticket to the offender or to affix it to the windscreen, the ticket can also be posted to the offender if not affixed and same ticket has to be posted within 48hours.
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Q. IS IT LEGAL FOR THE ENFORCEMENT OFFICER TO BOOK A PERSON WITHOUT STOPPING THE PERSON. WHY IS THIS SO?
It is not fair if an offender cannot be booked in respect of a contravention that he has committed simply because it was not possible for the Enforcement Officer to stop the offender. However, where it is practicable to stop the person and give him or her a ticket, then the Enforcement Officer may hand over or affix the ticket in terms of the law.
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Q. I WAS VERBALLY WARNED OF A CONTRAVENTION AND NOT GIVEN A TICKET. DAYS LATER I RECEIVED A SUMMONS. IS THIS LEGAL?
Where practicable the Enforcement Officer should have given you or affixed the ticket. Under these circumstances you should check whether the summons relates to the incident you have in mind and then you can decide whether to pay the fine imposed or to contest the booking before the Local Tribunal or by sending a petition in writing or through the petition-on-line facility to the Board of Petitions.
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Q. CAN YOU HIGHLIGHT THE MOST COMMON CIRCUMSTANCES WHEN THE OFFENDER MIGHT NOT HAVE FOUND/BEEN HANDED A TICKET?
The most typical reason might be due to the fact that the vehicle was in motion and it was not possible for the Enforcement Officer to stop it.
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Q. WHO CAN SERVE A SUMMONS?
A summon may be served by duly appointed Authorised Servers as well as the officers of the Post Office.
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Q. HOW WILL I BE SERVED WITH A SUMMONS?
A copy of the Summons has to be delivered either:

• By delivering a copy to the offender in person,
• By leaving a copy at the place of residence or postal address of the offender with the offender himself or with any member of the family or household,
• By leaving a copy at the business of the offender with the offender himself or with any person in his service or his attorney or person authorized to receive his mail,
• By leaving a copy at the place of work of the offender.
• Publication:

When a server has tried to deliver the summons on the address found in the electoral register, but has been unable to find the person charged or else any other person to whom s/he could deliver the summons, a second attempt to deliver is made after 48 hours from the first attempt; should this prove to be unsuccessful once more, then the server may leave the notice at the last registered address or else affix the notice to the door of the last registered address. Once the summons has been left or affixed to the door, an abstract of the judicial act will be published once in a daily newspaper. The abstract to be published will contain the:

1) name and surname of the offender,
2) the ID card Number of the offender,
3) place of the Tribunal sitting,
4) date and time of the sitting and
5) the alleged offence.
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Q. I HAVE RECEIVED A TICKET AND INTEND TO CONTEST THE FINE. WHAT KIND OF EVIDENCE SHOULD I PRESENT BEFORE THE LOCAL TRIBUNAL?
If you intend to contest the contravention you can present any witnesses and / or supporting documents that you have at hand. However, it is good to know that a frivolous contestation can lead to further penalization.
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Q. ON THE SUMMONS I HAVE BEEN CALLED TO APPEAR BEFORE A PARTICULAR LOCAL TRIBUNAL. CAN I CHOOSE TO APPEAR BEFORE ANOTHER LOCAL TRIBUNAL?
No, you cannot choose to go before another Local Tribunal.
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Q. WHAT HAPPENS IF I CANNOT ATTEND BEFORE THE TRIBUNAL ON THE DATE INDICATED ON THE SUMMONS?
You can send a person to the Tribunal to appear on your behalf. This person may either present your case or ask the Tribunal to defer the case. Alternatively, you may send your request by means of a registered letter addressed to the respective Local Tribunal, which letter must reach the indicated location at least three working days before the date appointed for hearing. The person requesting the deferral must also attach relevant documents that justify his or her indisposition.
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Q. I HAVE BEEN SUMMONED TO APPEAR ON THE APPOINTED DAY AND TIME BEFORE THE LOCAL TRIBUNAL. UPON ARRIVAL I WAS INFORMED THAT THE SITTING HAD BEEN POSTPONED. WHY DOES THIS HAPPEN?
This is not the norm. Usually, whenever a sitting is going to be postponed, the individual charged is served with a notice whereby he or she is informed that the sitting is being put off to another date. However, one cannot rule out the occurrence of a force majeure, such as an involvement in a traffic accident, that would impede the Local Tribunal officials from attending the scheduled sitting. Whenever such mishaps happen, it is not always possible to inform concerned of the change beforehand and in time.
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Q. I AM IN DOUBT WHETHER I AM GUILTY OR NOT. WHAT ARE THE CHANCES THAT I AM NOT FOUND GUILTY?
Contestations require concrete proof and evidence. You have every right to present your case before the Local Tribunal. However, you are obliged to present the facts faithfully. Any statements that you make must be confirmed under oath and therefore you must be sure of the facts. if it is very clear that you are guilty, you are advised not to contest the case – the Commissioner for Justice is empowered to impose an additional fine if your contestation is frivolous.
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Q. WHAT ARE THE JUDGMENTS DELIVERED BY THE LOCAL TRIBUNAL?
The judgment may be one of the following:

Guilty
Not Guilty

Guilty
There are four types of 'guilty' judgments.

  1. A person is found guilty if the Prosecutor proves to the satisfaction of the Tribunal that the offender did in fact commit the contravention in question. Under these circumstances the contravenor will have to pay the relative fine.
  2. There are circumstances where the Local Tribunal is of the opinion that a pecuniary penalty is not appropriate, instead of which the Commissioner for Justice will give the offender an R and A (reprimand and admonition judgement)
  3. There are also instances where the Tribunal passes a ‘guilty-no show’ judgment. This occurs whenever the person charged fails to appear before the Local Tribunal even though he has been notified according to the provisions of the law. Under this scenario the person charged will be liable to pay the relative fine and any additional penalty since he is found to be in contempt of the Court.
  4. A person who refuses to accept a summons that has been delivered according to the provisions of the law will also be found guilty. If he fails to appear before the Local Tribunal he may incur an additional penalty.

Not Guilty

If the Prosecutor fails to prove to the satisfaction of the Local Tribunal the occurrences of the contravention in question the offender will be adjudged as 'not guilty'. No fines or penalties will be incurred.

Other Outcomes :
• Deferred
• Withdrawn
• Time barred

Deffered

If a case is 'deferred', it means that the hearing has been postponed to another date. A case is deferred for two main reasons:•Either because the Commissioner for Justice, the Prosecutor or the offender are, due to justifiable circumstances, unable to attend the hearing•or because the Tribunal has acceded to the production of fresh evidence

Withdrawn

A case can be 'withdrawn' only by the Prosecutor. Whenever a case is withdrawn no action is taken.

Time-Barred

No action can be taken against an offender who has not been notified within three months from the date of commission of the contravention in the case of certain contraventions. The Tribunal will note down that the case at hand as 'time-barred'.
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Q. DO I INCUR A HIGHER FINE IF I CONTEST MY CASE BEFORE THE LOCAL TRIBUNAL AND I AM FOUND GUILTY?
This is not necessarily so. The amount of the fine is at the discretion of the Commissioner for Justice.
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Q. WHERE DO I PAY THE FINE OR PENALTY INFLICTED UPON ME BY THE COMMISSIONER FOR JUSTICE?
The fine or penalty is paid at the cashier immediately after the sentence has been delivered.
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Q. WHAT IS THE NOTICE TO PAY?
The Notice to Pay is an automatic message which is automatically generated upon delivery of judgment. The ‘Notice to Pay’ stipulates the amount that the offender has to pay in respect of the particular contravention and includes a reminder that if the penalty is not paid within one month an additional penalty of €11.65 will be incurred.
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Q. I HAVE RECEIVED A NOTICE TO PAY IN WHICH I AM INFORMED THAT I HAVE TO PAY THE AMOUNT OF € IN RESPECT OF CONTRAVENTION NUMBER XXXXXXXXX. I AM SURE THAT I HAD PAID THE RESPECTIVE FINE. WHAT CAN I DO?
You should write to the relevant Local Council or Region wherein you explain the circumstances of the case and also attach any documentation which confirms your account, alternatively you can send an email on helpline@les.gov.mt or contact us on 23318900
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Q. CAN I APPEAL FROM THE SENTENCE DELIVERED BY THE LOCAL TRIBUNAL?
Yes, you can file an appeal before the Court Of Magistrates within thirty days from the day of delivery of judgment. The appeal has to be lodged with the Registry of the Court after paying the relevant fees.
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Q. WHAT SHOULD I WEAR WHEN I PRESENT MYSELF DURING THE LOCAL TRIBUNAL SITTING?
Men must wear a jacket and a tie and women are expected to dress decently.
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Q. WHAT IS THE LEGAL SOURCE FOR THE SETTING UP OF LOCAL TRIBUNALS? WHERE MAY I FIND THE LOCATION OF A TRIBUNAL?
The law MT / ENG establishes the set up of the Local Tribunals. The summons will contain the address of the Local Tribunal where you are requested to attend your sitting. The following is a list of Tribunal addresses and phone numbers as well as their areas of competence: Tribunal Info
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Q. I WOULD LIKE SOME MORE INFORMATION. WHO DO I CONTACT?
You can contact any Local Council’s Help desk or send an email to helpline@les.gov.mt or contact us on 23318900
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Q. WHAT IS A PETITION?
A petition is a formal written document which is submitted either by Post or electronically to an authority in an attempt to get that authority to accede to a request.
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Q. ON WHAT GROUNDS CAN I LODGE A PETITION?
You may lodge an online petition or a hand written petition for the following reasons:

• When there is an evident mistake in the identity of the offender or in the identification of the vehicle involved in the offence.
• An evident mistake which resulted in the offender being wrongly found guilty of the offence.
• Humanitarian reasons attenuating the circumstances relating to the commission of the offence.
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Q. ON WHAT GROUNDS AM I NOT ALLOWED TO LODGE A PETITION?
You are not entitled to lodge a Petition for the following reasons:

• Ticket has already been paid.
• Ticket has been waived or cancelled thus resulting in an amount due of €0
• A petition is already currently lodged (whether Online/Manual) on the specific contravention and is currently waiting the Board of Petitions’ Decision (i.e. marked as On-Hold BOP)
• A petition has been lodged online and not yet acknowledged.
• If more than one year elapsed from when the contravention was judged by the Local Tribunal (as per Legal Notice 414 of 2005 as amended by Legal Notice 39 of 2009)
• If another prior petition has been submitted and decided by the Board of Petitions already before/after the Tribunal Hearing. (Only 1 petition before Tribunal Hearing and 1 petition after Tribunal Hearing is allowed)
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Q. HOW DO I LODGE A PETITION?
You can lodge a petition either by writing a letter and send it to the Board of Petitions – Registrar, POBox 62, Victoria, Gozo or online by following the instructions provided (Lodge A Petition )
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Q. WHAT IS THE DIFFERENCE BETWEEN AN ONLINE PETITION AND A HAND WRITTEN PETITION?
In the eyes of the Law there is no difference between a petition lodged online and one that is hand written or typed and sent to the Bop by post. The only difference is that if you sent your petition by post you will receive all future correspondence from the Board by post whereas if you lodged your petition online all future communications and correspondence from the Board will be sent to you electronically to the email provided upon registration
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Q. CAN I LODGE A PETITION ON THE SAME DAY THAT I HAVE TO ATTEND THE TRIBUNAL HEARING?
No, you may not lodge a Petition on the same day that you have to attend a Tribunal Hearing. Petitions may be lodged up to 5 days prior the Tribunal Hearing and subsequently after the tribunal hearing has passed
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Q. CAN I LODGE A PETITION IF I HAVE ALREADY PAID THE FINE?
No, you may not lodge a Petition if you have already paid the fine.
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Q. CAN I LODGE A PETITION ON BEHALF OF SOMEONE ELSE?
Yes you may lodge a petition on behalf of another person, provided you make this clear in the submitted petition letter.
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Q. HOW DO I LODGE A PETITION ONLINE?
To be able to lodge a petition online you will need to first register and provide us with a valid email address by following the information provided by clicking the following link (Lodge A Petition )
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Q. HOW DO I REGISTER?
To register please follow the link provided, and complete the required information: (Register )
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Q. WHY DO I NEED TO REGISTER TO LODGE AN ONLINE PETITION?
The registration process is simple and easy, without registration we will not be able to keep a record of your Petition. A valid email address is also necessary to be able to receive any correspondence from the Board of Petitions.

In the future registered users will have access to other services, such as Viewing of all Pending Contraventions, email notification upon receiving a fine and many others.

All personal information provided is covered by the Data Protection Act and further information is outlined in the Privacy Policy
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Q. SHOULD I REGISTER WITH WWW.LES.GOV.MT EVEN IF I DON’T NEED TO SEND A PETITION?
Yes, if you have a few minutes to spare we recommend you register your details with www.les.gov.mt. Other additional services will be added to this site, such as email notification on issuing of contravention, viewing and paying of multiple contraventions and many more features.
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Q. HOW DO I LOGIN?
After completing the registration process you will need to login by using the email address and password you submitted upon registration. To login follow this link (Log In)
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Q. DO I ALSO NEED TO REGISTER AND LOGIN TO PAY A CONTRAVENTION?
No you do not need to register to pay a contravention. Should you wish to only pay your fine please click on this link – Pay Contravention
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Q. HOW LONG DOES IT TAKE TO RECEIVE AN ACKNOWLEDGMENT AFTER LODGING A PETITION ONLINE?
Once you have lodged your Petition online, the processing of your Petition begins immediately. The website will display an acknowledgement informing you that the petition has been lodged successfully. However a formal acknowledgement will be sent once your Petition has been reviewed by the Board and you will be informed whether the petition has been accepted for further processing or rejected as the case may be. This process might take up to 2 working days


If your Petition was sent by post, you will receive an acknowledgment letter in the post informing you that your Petition is valid and is being considered or whether it was invalid and Not Taken Cognizance of.
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Q. HOW LONG DOES IT TAKE AFTER HAVING LODGED A PETITION TO RECEIVE A DECISION FROM THE BOARD?
The Board usually takes around 4 weeks to decide the outcome of a Petition; however this all depends on the particular case.
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Q. WILL I STILL RECEIVE A SUMMONS IF I HAVE LODGED A PETITION?
In some cases due to timing issues you may still receive a Summons.

In such cases, the petitioner should, therefore, ignore any summons to appear before the Local Tribunal if he has lodged a petition with the Board of Petitions and has not yet received the Board’s decision.
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Q. DO I STILL NEED TO ATTEND THE TRIBUNAL IF I HAVE LODGED A PETITION?
No you do not need to attend the Tribunal until you receive a decision from the Board of Petitions. All proceedings against you are temporarily suspended until a decision by the Board is reached.
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Q. WHAT HAPPENS IF MY PETITION IS REJECTED BY THE BOARD OF PETITIONS?
If your case has been rejected by the Board, should you wish, you will also then be able to subsequently contest your case in front of the Tribunal, provided you have not already had the chance to do so prior to submitting your petition. It is your responsibility to enquire about the date and time of your Tribunal sitting.
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Q. MY PETITION HAS BEEN ACCEPTED, DO I NEED TO INFORM THE AUTHORITIES MYSELF?
No you do not need to inform the authorities concerned yourself. If your Petition has been accepted by the Board, it means that your contravention has been Withdrawn and your fine has become null. Upon the Boards’ decision all authorities concerned are electronically notified of this decision.
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Q. WHAT DOES IT MEAN IF MY PETITION HAS BEEN PARTIALLY ACCEPTED?
When a petition is partially Accepted, the Board of Petitions cannot accept the petitioner’s request in full. This all depends on the specific requests put forward by the petitioner. In general, in such cases, either the fine is reduced or the offender is given another chance to contest the case at the Local Tribunal.
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