Can I use my phone while driving in Malta?
No — a phone in your hand while driving is an offence, even when you are stopped in traffic. Since 19 May 2023 the fine rose from €100 to €200, and for anyone driving a passenger or goods vehicle it climbs to €300; the same €200 applies to riders of a motorbike or scooter. Penalty points went up from 3-6 to 6 to 9 points, and a second offence can cost you the licence temporarily. The myth: that "as long as I'm stopped at a red light it doesn't count". The law also covers using earphones or headphones on the window side, whether the vehicle is moving or stationary. Hands-free is generally allowed, but if it stops you controlling the vehicle you can still be caught.
📋 The rules
- Holding a phone in your hand while driving is prohibited, even when the vehicle is stopped in traffic or at a traffic light.
- The fine is €200 for private cars and motorbikes, and €300 for vehicles carrying passengers or goods.
- The offence adds 6 to 9 penalty points, up from 3-6 before 19 May 2023.
- The ban extends to using earphones or headphones on the window side while driving.
- A second offence can have the licence revoked temporarily.
🔓 Exceptions
- Hands-free is generally allowed, as long as it does not stop you fully controlling the vehicle.
- A genuine emergency call to the services (112) can serve as a defence, but it must be truly justified.
- When the vehicle is parked with the engine off and out of traffic, you are not "driving" in the sense of the law.
⚠️ Penalties & fines
A first ticket costs €200, or €300 in a passenger or goods vehicle, and adds 6 to 9 penalty points. A second offence can have the licence revoked temporarily, and the points count toward the 12-points-in-12-months threshold that triggers a suspension. Distraction from a phone that leads to a crash can turn the case into one of careless driving, with civil and possibly criminal liability. Your insurer may reduce the payout if it emerges you were on the phone when the crash happened, leaving you to cover part of the damage. Your insurance premium can also rise after a ticket or points land on your driving record.
📎 Official sources
- gov.mt · list of driving contraventions and fines (Chapter 65) →
- Transport Malta · the penalty points system →
- Laws of Malta (legislation.mt) · Traffic Regulation Ordinance (Chapter 65) →
❓ Frequently asked
Can I touch my phone while stopped in traffic?
No. The law applies whether the vehicle is moving or stopped in traffic or at a red light. As long as you are in the driver's seat with the engine running and holding the phone in your hand, you can be caught and pay the €200 fine with points.
How much is the fine and how many points?
The fine is €200 for cars and motorbikes, and €300 for vehicles carrying passengers or goods. It comes with 6 to 9 penalty points, and a second offence can have your licence revoked temporarily, so the cost climbs quickly with repeat tickets.
Is hands-free legal?
Generally yes, using hands-free is not banned in the same way as holding a phone in your hand. However, if the hands-free system stops you controlling the vehicle properly, you can still be caught for driving without due control.
Do earphones count too?
Yes, the law specifically mentions using earphones or headphones on the window side while driving. It carries the same fine and points as the phone, because it cuts down your hearing of the traffic and sirens around you.
What happens if I'm caught twice?
A second phone offence can have the licence revoked temporarily, beyond the fine. On top of that, the added points move you toward the 12-points-in-12-months threshold that alone brings a two-month suspension.
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