ACT No. V of 2008 An Act to amend the Malta Transport Authority Act, Cap. 332.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

1st February, 2008

ACT No. V of 2008

An Act to amend the Malta Transport Authority Act, Cap. 332.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives in this present Parliament

assembled, and by the authority of the same, as follows> -

The short title of this Act is the Malta Transport Authority

(Amendment) Act, 2008 and this Act shall be read and construed as

one with the Malta Transport Authority Act, hereinafter referred to as

“the principal Act”.

In article 2 of the principal Act, immediately after the definition

“Chief Executives” there shall be inserted the following>

““conductors of public transport vehicles” means persons who

collect fares and issue and or check tickets<”.

subarticle (1) of article 3 of the principal Act, immediately

after the words “other members” there shall be added the words “, to

perform the functions assigned to it by or under this Act”.

Article 4 of the principal Act shall be amended as follows>

(a) for the marginal note thereto there shall be substituted

the words“Functions and powers of the Authority.”<

(b) sub-article (1) shall be amended as follows>

(a) in paragraph (b) thereof, immediately after the

words “to occupy,” there shall be added the words “plan,

design,”<

(b) in paragraph (d) thereof, the words “and car park

attendants” shall be deleted<

(c) paragraphs (f) to (n) shall be renumbered (j) to (r)

respectively<

(d) immediately after paragraph (e) there shall be added

the following new paragraphs>

“(f) to plan, install, construct and maintain bus

stops, fare stages, bus termini, taxi stands, karrozzini

stands and other commuter facilities, and to regulate

the installation of bus shelters<

(g) to plan, design, regulate and authorize road

traffic signs or signals, road markings and traffic calming

measures, the installation of traffic control equipment

and related lighting equipment, the construction of road

ramps, and the installation of speed cameras and other

road traffic facilities for the purposes of traffic

management and control<

(h) to provide and regulate parking places for

motor vehicles in public areas and streets, and to regulate

and issue licences to car park attendants<

(i) to establish weights, dimensions and

equipment requirements for motor vehicles<

(c) immediately after sub-article (2) there shall be added

the following new sub-articles (3) and (4)>

“(3) The Authority shall have the power to>

(a) grant, renew, refuse, suspend or revoke a

licence in accordance with article 34 of this Act and any

regulations made under this Act, and to establish the

conditions under which such licence may be granted and

the fees which may be payable for the grant of such

licence<

(b) appoint Enforcement Officers charged with

the management, supervision and enforcement of traffic

and transport laws, who shall have the power to stop

vehicles, issue prohibition notices and enter any

registered premises of an authorised road transport

operator and detain any document thereof, and to carry

out such other functions and duties in accordance with

regulations made under this Act<

(c) establish codes of conduct for the respective

passenger road services provided for hire or reward<

(d) to establish, by regulations, and impose

administrative penalties.

(4) The Authority shall also have the power to fund transport

services, invest in transport systems and enter into negotiations and

arrangements with other bodies to develop, improve and coordinate

the provision of transport services.”.

In subarticle (2) of article 5 of the principal Act, for the words

“in the Schedule” there shall be substituted the words “in the First

Articles 31 and 32 of the principal Act shall be renumbered as

articles 32 and 33 respectively.

Immediately after article 30 of the principal Act there shall be

added the following new article 31 and heading>

“TRANSPORT APPEALS BOARD

(1) There shall be established a Transport

Appeals Board to hear and determine -

(a) appeals made by any person aggrieved by any

decision of the Authority not to grant or renew, or to

suspend or to revoke a licence, or to impose conditions,

limitations or exclusions therein or therefor< and

(b) appeals made by any person aggrieved by an

administrative or any other penalty imposed on that

person.

(2) The Appeals Board shall consist of a lawyer

who has been practising for not less than seven years, who

shall preside, and two members versed in land transport.

(3) The chairperson and members of the Appeals

Board shall be appointed by the Minister.

(4) A person shall not be qualified to be appointed

as, or to remain, a member of the Appeals Board if that person

is a>

(a)

member of the House of Representative< or

(b) public officer.

(5) The chairperson and the members of the

Appeals Board shall hold office for a period of three years

and shall be eligible for re-appointment.

(6) The chairperson or a member of the Appeals

Board may resign by letter addressed to the Minister.

(7) The chairperson or a member of the Appeals

Board may be removed from office by the Minister -

(a) if the chairperson or member becomes

incapable, through ill-health, of effectively performing

his or her functions,

(b) for stated misbehaviour or gross negligence,

or

(c)

for conflict of interest, or

(d) if the chairperson’s or member’s removal

appears to be necessary for the effective performance of

the Appeals Board’s functions.

(8) The Appeals Board shall have an independent

administrative secretariat consisting of at least a secretary to

the Appeals Board and any such other employees as may be

necessary for the prompt and efficient determination of the

matters within its jurisdiction and, for the proper execution

of its functions, may also seek the advice of technical experts

on any matter which is the subject of an appeal being heard.

(9) The Secretary and other administrative support

required by the Appeals Board shall be provided by the

Authority.

(10) The chairperson and members of the Appeals

Board shall be paid such allowances for expenses as the

Minister may determine.

(11) The Appeals Board shall give an advance

notice of not less than sixteen calendar days of its hearings in

such manner as it may deem appropriate.

(12) In hearing and determining an appeal, the

Appeals Board shall act in accordance with such procedures

as may be determined from time to time by it.

(13) The Appeals Board shall be independent in

the performance of its functions.

(14) The decisions of the Appeals Board shall be

final except with respect to points of law and equity and, or

breaches of principles of natural justice, decided by the

Appeals Board from which an appeal shall lie to the Court of

Appeal (Inferior Jurisdiction).

(15) Subject to the above, appeals to the Appeals

Board and the conduct of the business of the Appeals Board

shall be made in accordance with the rules contained in the

Second Schedule to this Act< and in the absence of such rules

on any matter, the Appeals Board may regulate its own

procedure.

(16) The decisions of the Appeals Board shall be

binding if they are supported by the opinion of two of its

members, and the dissenting member, if any, may express

his or her opinion separately< and all decisions of the Appeals

Board shall be delivered in public and shall be published as

soon as practicable after the sitting at which they are given ”.

8. Subarticle (2) of article 33, as renumbered, of the principal

Act shall be amended as follows>

(a) in paragraph (a) for the words “motor-cars”,

wherever they appear, there shall be substituted the words

“motor vehicles”, for the words “the conductors of motor

buses” there shall be substituted the words “conductors of

public transport vehicles”, and immediately after the words

“car hire garages,” there shall be added the words “transport

of passengers or goods for hire or reward,”<

(b) in paragraphs (g), (h), (i), (k) and (m) for the words

“motor-cars”, wherever they appear, there shall be substituted

the words “motor vehicles”<

(c) paragraphs (v) and (w) shall be renumbered (w)

and (x) respectively< and

(d) immediately after paragraph (u) there shall be added

the following new paragaph>

“(v) for the powers and duties of Enforcement

Officers appointed by the Authority<”.

9. Immediately after article 33, as renumbered, of the principal Addition of new

article 34 to the

Act, there shall be added the following new article 34>

principal Act.

(1) The Authority may refuse to grant or renew

a licence or, at any time, suspend a licence for a specified

period or revoke it.

(2) The Authority may refuse to grant a licence if

it is satisfied, on reasonable grounds, that -

(a) there exists a serious and potentially enduring

excess over supply, or

(b) the applicant has supplied information in or

in connection with the application for the licence that

was false or misleading, or

(c) the applicant has contravened any provision

of this Act or any other Act regulating land transport

and traffic or regulations thereunder.

(3) The Authority may refuse to renew a licence

if it is satisfied, on reasonable grounds, that the licensee –

(a) supplied information in or in connection with

the application for the renewal of the licence that was

false or misleading, or

(b) has contravened any provision of this Act or

any other Act regulating land transport and traffic or

regulations thereunder,

(c) is no longer a fit and proper person to provide

a service for which such person is licensed.

(4) Where the Authority is satisfied that a licensee

has been guilty of misconduct in the course of providing a

service or has contravened any provision of this Act or any

other Act regulating land transport and traffic or regulations

thereunder, it may suspend the licence for a specified period

or revoke the licence.

(5) Where the Authority proposes to refuse to

grant or renew a licence, or to suspend or revoke a licence, it

shall notify the applicant or licensee of its proposal, giving

the reasons for such refusal, suspension or revocation, and

shall consider any representations that are made to it in writing

by the applicant or licensee within 14 days after the said

notification.

(6) If the Authority, having considered any such

representations, decides to refuse to grant or renew a licence

or to suspend or revoke it, it shall notify the applicant or

licensee of the decision and the ground leading to such

suspension or revocation and of the procedure for appealing

against it.”.

10. For the word “Schedule” in the title of the Schedule to the

principal Act, there shall be substituted the words “First Schedule”.

11. Immediately after the First Schedule, as renamed, to the

principal Act, there shall be added the following new Second Schedule>

“SECOND SCHEDULE

(ARTICLE 31(12))

Proceedings before the Transport Appeals Board and appeals

therefrom

1. Any person who feels aggrieved by a decision of the Authority,

as provided in article 31(1), may appeal to the Transport Appeals Board,

on payment of an appeal’s fee of Lm50, within thirty days from the

date the decision on which the appeal is entered is communicated to the

person concerned.

2. The application shall state the grounds for the appeal and

the request of the appellant, and a copy of it shall be communicated

to the Authority before the appeal is heard.

3. The appellant shall appear before the Appeals Board either

in person or through an agent on the day and at the time fixed for the

hearing, make his submissions and produce such evidence as the

Appeals Board may permit>

Provided that the Appeals Board may postpone the hearing of

the appeal if it is satisfied that the appellant was prevented from

appearing before it owing to illness or absence from Malta or other

similar reasonable cause.

4. The appellant or his or her agent shall have the right to

appear before the Appeals Board duly assisted.

5. The Appeals Board shall give the Authority an opportunity

to make its submissions in justification of its decisions, and bring

such evidence as the Appeals Board may consider necessary.

6. The Appeals Board shall have the power to summon

witnesses and to administer the oath to any person appearing before

it.

7. The Appeals Board shall have power to confirm, revoke or

alter the decision appealed against and give such directions as it

may deem appropriate.

8. All members of the Appeals Board shall be present for a

hearing of an appeal.

9. The decisions of the Appeals Board shall be final and no

appeal shall lie therefrom except on a point of law.

10. If the appellant or the Authority, as the case may be, are

dissatisfied with any point of law decided by the Appeals Board,

they may appeal to the Court of Appeal (Inferior Jurisdiction) by an

application filed within thirty days from the day of the decisions is

delivered by the Appeals Board.

11. All hearings of the Appeals Board shall be held in public

and all decisions of the Appeals Board shall be given in public.

12. Subject to the foregoing provisions and to the provisions

of this Act, the Appeals Board shall regulate its own procedure.

Passed by the House of Representatives at Sitting No. 613 of 29th January,

2008. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

€0.93 (Lm0.40)