AUTHORITY FOR TRANSPORT IN MALTA ACT

AUTHORITY FOR TRANSPORT IN MALTA

CHAPTER 499

AUTHORITY FOR TRANSPORT IN MALTA ACT

To provide for the establishment of a body corporate to be known as the Authority for

Transport in Malta which will assume the functions previously exercised by the Malta

Maritime Authority, the Malta Transport Authority and the Director and Directorate of Civil

Aviation and for the exercise by or on behalf of that Authority of functions relating to roads, to

transport by air, rail, road, or sea, within ports and inland waters, and relating to merchant

shipping; to provide for the transfer of certain assets to the Authority established by this Act;

and to make provision with respect to matters ancillary thereto or connected therewith.

1st January, 2010 *

ACT XV of 2009, as amended by Legal Notice 336 of 2010 and Acts XI of 2010, V of 2011,

VII and XXXV of 2015, XVIII of 2016,XXVIII of 2018, I of 2021 , XXXV of 2023 and XXXII of

2025. ARRANGEMENT OF ACT

Articles

Part I

Preliminary and General

1 - 2

Part II

Guiding Principles

3 - 4

Part III

Establishment, Functions and Conduct of Affairs of the Authority

5 - 16

Part IV

Officers and Employees of the Authority

17 - 23

Part V

Financial Provisions

24 - 35

Part VI

Transfer of Certain Assets to the Authority

36 - 38

Part VII

Supervisory Boards

Part VIII

Administrative Review Tribunal

Part IX

Miscellaneous

41 - 53

SCHEDULES

First Schedule

Directorates

Second Schedule

Enactments

*See article 1(2) of the Act as originally enacted, and Legal Notice 349 of 2009.

PART I

PRELIMINARY AND GENERAL

The short title of this Act is the Authority for Transport in

Malta Act.

Amended by

XI. 2010.28;

(Article 14)

XXVIII.2018.3;

XXXII.2025.3.

Directorates

Subject to the Minister’s powers under article 11, there shall be the following

Directorates

1. Integrated Transport Strategy Directorate - which shall have the

responsibility for the integration of transport research and infrastructure planning,

the development and coordination of transport policies, the educational aspects of

transport within the Authority, the development of standards and the coordination of

European Union affairs.

2. Ports and Yachting Directorate - which shall have the responsibility for

preserving the good order in internal and territorial waters, safety of navigation,

overall control of port work, provision of port workers, prevention and control of

pollution, provision of pilotage, fire fighting facilities, supplies and other ship

requirements, regulating, controlling and promoting yachting centres.

3. Merchant Shipping Directorate - which shall have the responsibility for

ship, boat and yacht registration, the provision of all ancillary services and the

promotion of Malta as an international maritime centre.

4. Land Transport Directorate - which shall have the responsibility for the

provision of a properly integrated, safe, economical and efficient public transport

system and the licensing and regulation of vehicles and the drivers thereof and

commercial road transport operators.

5. Civil Aviation Directorate - which shall have the responsibility for all

matters connected with civil aviation, including air navigation, the registration of

aircraft and aircraft mortgages, the provision of ancillary services and the promotion

of Malta as an international centre for aircraft registration, management of the State

Safety Programme (SSP) and ancillary services.

6. Corporate Services Directorate - which shall have the responsibility for

providing common legal, financial, human resources and administrative services that

are required for the proper functioning of the Authority.

7. Enforcement Directorate - which shall have the responsibility for the overall

enforcement of the provisions of this Act and other laws and regulations regulating road,

sea and air transport, including in particular the management of traffic and the promotion

of traffic safety.

8. Directorate for Information and Communication Technology - which

shall have the responsibility for developing and implementing ICT policies,

procedures and technologies aimed at enhancing efficiency and sharing of

information, the reduction of costs and the increase of checks, strengthening of

controls and enforcement of regulations, and to assist in the promotion of safer,

cleaner and more efficient transportation.

AUTHORITY FOR TRANSPORT IN MALTA

In this Act, unless the context otherwise requires, the

following expressions have the meaning hereby assigned to them

"airport" or "aerodrome" means any area of land or water

designed, equipped, set apart or commonly used to provide

facilities for the landing and departure of aircraft and includes any

area or space, whether on the ground, on the roof of a building or

elsewhere, which is designed, equipped or set apart to provide

facilities for the landing and departure of aircraft capable of

descending or climbing vertically, and it includes an air passenger

terminal, an air cargo terminal and, or an air cargo warehouse as

well as all land and facilities pertinent to an airport;

"air transport service" means the carriage of passengers or of

mail or of cargo by air for reward;

"aircraft" means any mechanically driven self-propelled device

used for transport by air of passengers or cargo and includes

aeroplanes, seaplanes, helicopters, light aircraft and microlights;

"authorisation " includes any licence or permit however so

described issued by or under this Act to operate, provide or carry

out any activity or operation or service however described relating

to transport;

"the Authority " means the Authority for Transport in Malta

established by article 5;

"boat" means a small watercraft, propelled by oars, sails,

engines, or other methods;

"Chairperson " means the Chairperson of the Authority and

includes, in the circumstances mentioned in article 5(4), the Deputy

Chairperson;

"charges" means the charges that may be levied under this Act or

any regulations made thereunder;

"Chief Executive Officer" means the Chief Executive Officer of

the Authority appointed under article 15;

"contractor" means a person acting in pursuance of an agreement

entered into with the Authority or with a Directorate;

"conveyance of persons" means the carriage of passengers by

road or by sea or by air for hire or reward;

" d e c i s i o n " i n c l u d e s a n y d e t e r m i n a t i o n , m e a s u r e , o r d e r,

requirement or specification however so described made by the

Authority;

" Directora te s " means such d ire ctorates as are o r may be

established under article 14(1);

"European Union" has the same meaning as is given to it in the

European Union Act;

"fees" means the fees that may be levied under this Act or any

regulations made thereunder;

"financial year" means any period of twelve months ending on

the 31st December;

"Gazette" means the Malta Government Gazette;

"Government" means the Government of Malta;

"goods" includes baggage, animals (whether alive or dead) and

other movable property of any kind whatsoever;

"Infrastructure Malta" means the Agency for Infrastructure Malta

established by the Agency for Infrastructure Malta Act

"internal waters" includes any harbour, port, bay, cove, creek or

seashore;

"licence" means and includes any licence or permit which under

this Act or any other law is required from the Authority or a

Directorate or which the Authority or a Directorate is authorised or

empowered to grant under such Act or other law;

"Local Councils" means the local councils established under the

provisions of the Local Government Act;

"loss or damage", in relation to persons, includes loss of life and

personal injury;

"M2 vehicle" means a motor vehicle comprising more than eight

seats in addition to the driver’s seat, and having a maximum mass

not exceeding 5 tonnes;

"M3 motor vehicle" means a motor vehicle comprising more than

eight seats in addition to the driver ’s seat, and having a mass

exceeding 5 tonnes;

"master", when used in relation to any ship, means the person

having command or charge of the ship for the time being, but does

not include a pilot;

"motor route bus" means an M2 or M3 vehicle which, by virtue

of its type of construction and equipment, is suitable for carrying

passengers, and is intended for that purpose and which is licensed

to operate a public passenger transport service in terms of any

regulation made under this Act;

"motor vehicle" means any self-propelled road vehicle which is

normally used for carrying persons or goods by road or for

drawing, on the road, vehicles used for the carriage of persons or

goods but does not include agricultural tractors;

"Minister" means the Minister responsible for transport, and

includes any person authorised by such Minister in that behalf;

"officer" and "employee" in relation to the Authority includes a

public officer detailed for duty with the Authority;

"operator", in relation to an aircraft, means the person for the

time being having the management of that aircraft, and cognate

expressions shall be construed accordingly;

"owner" in relation to a ship includes the charterer or operator of

the ship, and in relation to an aircraft includes the charterer or

operator of the aircraft;

"person" includes an association or body of persons, whether

registered as a legal person or not;

"pilot" means a person licensed by the Authority for the purpose

of conducting ships within Maltese waters;

"port" means the place declared to be a port by or under any law,

and may include a yachting centre provided it is so declared under

this Act or any other law;

"prescribed" means prescribed under this Act;

"private roads" shall have the same meaning assigned to it by article

2 of the Agency for Infrastructure Malta Act;

"public officer", in relation to article 20, has the same meaning

assigned to it by article 124 of the Constitution but does not include

a judge of the Superior Courts or a magistrate of the Inferior

Courts;

"public passenger transport services" means regular passenger

transport services of general economic interest provided to the

public on a non-discriminatory and continuous basis;

"publ ic transport" m ean s th e con veyan ce by a vehicle of

passengers against compensation;

"public transport employee" means a person employed in the

conveyance of passengers by a licensed public transport vehicle;

"public transport vehicle" means any vehicle used or intended to

be used for public transport;

"rates" means the rates that may be levied under this Act or under

any regulations made thereunder;

"reward" includes any form of consideration received or to be

received wholly or partly in respect of or in connection with the

rendering of a service, irrespective of the person by whom or to

whom the consideration has been or is to be given;

"road" shall have the same meaning assigned to it by article 2 of the

Agency for Infrastructure Malta Act,

''road transport'' means the transport of persons or goods by land;

"ship" means a vessel or craft of every description used in

navigation, whether self-propelled or not, and includes barges, oil

rigs, pontoons, and any other craft and similar vessels;

"supervisory board" means a supervisory board established in

accordance with article 39;

"tariff" means the fares or freight rates (including any charges

for the carriage of mails) to be charged and any conditions upon

which those fares or freight rates depend;

"territorial waters" means the waters described in article 3(1) of

the Territorial Waters and Contiguous Zone Act and includes any

waters enclosed between the base lines therein mentioned and the

coast;

"transport" means the transport of persons or goods whether by

air, land or sea;

"transport of goods" means the transport of goods by air, land or

by sea for hire or reward;

"utilities" means any service ordinarily used by households or

commercial enterprises and which use the road to deliver the

service from the service provider to the house or commercial

enterprise and includes services such as water, drainage, electricity,

cable television, telephony, internet and the like;

"vehicle" includes any motor vehicle, carriage, karrozzin, cart,

bicycle, motor-cycle, trailer, semi-trailer, articulated vehicle, road

train, railway rolling stock, articulate bus or other means of

transport by road or by rail for the conveyance of persons or

transport of goods;

"warehouse" means any shed, building, place, wagon, ship or

vehicle when used by the Authority, or a contractor for the purpose

of warehousing or depositing goods for the purposes of this Act;

"yacht" means a sea going ship used solely for pleasure and

accepted as such by the Authority.

PART II

GUIDING PRINCIPLES

(Article 49)

Enactments

Civil Aviation Act, Cap. 232

Malta Transport Authority Act, Cap. 332

Malta Maritime Authority Act - now Ports and Shipping Act, Cap 352

The Government shall through the establishment of the

Authority for Transport in Malta seek to promote and develop the

transport sector in Malta by means of proper regulation and by the

promotion and development of related services, businesses and

other interests both locally and internationally.

(1) The Government shall determine Malta’s policies and

objectives in the transport sector and shall appropriate such funds

and provide such resources, as it considers necessary to achieve

such aims.

(2) The Government shall endeavour, through the Authority, to

achieve the following main objectives and policies

(a) develop integrated transport policies aimed at

achieving modal shifts that favour public transport and

non-polluting strategies;

(b) ensure the development of an efficient and socially

sustainable public transport system in Malta;

(c) promote the maritime and civil aviation facilities of

Malta and the registration of ships and aircraft under

the Maltese flag;

(d) promote policies that favour the development of Malta

as a maritime hub in the Mediterranean and as an

entre-port to the European Union;

(e) encourage measures for the development of civil

aviation and ancillary services, and in particular of air

transport services of both passengers and cargo;

(f)

ensure that the administration, services and operations

of ports and yachting centres in Malta are more

efficient and cost-effective;

(g) provide a sound financial basis for the Authority to be

able to achieve target returns and investments; and

(h) standardise practices in the transport sector in Malta in

line with international norms and with those of the

European Union in particular.

PART III

ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS

OF THE AUTHORITY

(1) There shall be established a body, to be known as the

Authority for Transport in Malta, to perform the functions assigned

to it by or under this Act.

(2) The Authority shall consist of a Chairperson and not less

than six and not more than eleven other members. One of the

members shall be a person with disability.

(3) The members of the Authority shall be appointed by the

Minister for a term of one year or for such longer period as may be

specified in the instrument of appointment, but the members so

appointed may be re-appointed on the expiration of their term of

office.

(4) The Minister may designate one of the other members of

the Authority as Deputy Chairperson and the member so designated

shall have all the powers and perform all the functions of the

Chairperson during his absence or inability to act as Chairperson or

while he is on vacation or during any vacancy in the office of

Chairperson.

(5) A person shall not be qualified to hold office as a member

of the Authority if that person -

(a) is a Minister, Parliamentary Secretary or a member of

the House of Representatives or of the European

Parliament, or

(b) is a judge or magistrate of the courts of justice; or

(c) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his

functions as a member of the Authority

Provided that the Minister may determine that the

person’s interest is not likely to affect the discharge of

his functions and upon such determination that person

shall be qualified to hold the office of member of the

Authority provided that the declared interest and the

Minister’s determination are publishedin the Gazette

Provided further that notwithstanding the provisions of

this Act or of any other law, no person occupying a public

office or any office in an agency or body established by

law or a company in which the Government has a

controlling interest, shall be disqualified from occupying

the office of Chairperson of the Authority, member of the

Authority or Chief Executive Officer of the Authority;

(d) is interdicted or incapacitated; or

(e) is convicted of an offence affecting public trust, or of

theft or fraud, or of knowingly receiving property

obtained by theft or fraud or of bribery or of money

laundering; or

(f)

is subject to disqualification under article 320 of the

Companies Act.

(6) Subject to the provisions of this article, the office of a

member of the Authority shall become vacant -

(a) on the expiration of the member’s term of office; or

(b) if any circumstances arise that, if he were not a

member of the Authority, would cause him to be

disqualified for appointment as member.

(7) A member of the Authority may be removed from office by

the Minister if, in the opinion of the Minister, such member is no

longer suitable to continue in office.

(8) If the office of a member of the Authority is vacant or if a

member is for any reason unable to perform the functions of his

office, the Minister may appoint a person who is qualified to be

appointed to be a member to be a temporary member of the

Authority; and any person so appointed shall, subject to the

provisions of sub-articles (6) and (7), cease to be such a member

when a person has been appointed to fill the vacancy or, as the case

may be, when the member who was unable to perform the functions

of his office resumes those functions.

(9) Any member of the Authority who has any direct or indirect

interest in any contract made or proposed to be made by the

Authority or in any matter to be discussed or determined by the

Authority, not being an interest which disqualifies such member

from remaining a member, shall disclose the nature of his interest

at the first meeting of the Authority after the relevant facts have

come to his knowledge; such disclosure shall then be recorded in

the minutes of the Authority, and the member having an interest as

aforesaid shall withdraw from any meetings at which such contract

is discussed. Any such disclosure shall be communicated to the

Minister without delay. Where the interest of the member is such as

to disqualify him from remaining a member, he shall report the fact

immediately to the Minister and tender his resignation.

(10) A member of the Authority shall be paid out of funds at the

disposal of the Authority such remuneration and, or such amount in

respect of expenses as the Minister may determine.

(1)

The Authority shall have the following functions and

powers

(a) to advise the Minister on the development of transport

policies applicable both at a national as well as at a

local level and that are proposed or have been adopted

by the Minister and to advise the Minister on all other

matters concerning its functions or regulated by this

AUTHORITY FOR TRANSPORT IN MALTA

Act;

(b) to ensure that transport policies adopted by the

Minister are implemented and that local transport

schemes are in line with national transport policies and

that no local transport scheme is introduced without

the approval of the Authority;

(c) to promote the transport facilities of Malta and in

particular the use of its ports and civil aviation

facilities and the registration under the Malta flag of

aircraft, ships, boats, yachts and vessels;

(d) to provide or secure or promote the provision of a

properly integrated, safe, economical and efficient

transport system within Malta and its internal and

territorial waters, and to regulate and control the

provision of services related to such system, including

the establishment of schedules and time-tables to be

adopted for such services;

(e) to develop the necessary strategy to achieve the

policies, strategies and objectives set by Government

or by the Authority and to determine the short term

and long term objectives for the performance of the

functions of the Authority;

(f)

to licence and regulate any aircraft, boat, ship, yacht,

or vehicle and to regulate the use thereof;

(g) to provide, or secure or promote the provision of such

services and facilities as appear to the Authority to be

expedient in the performance of its functions,

including the power to provide for the accessibility of

such services and facilities by any person irrespective

of by whom these are provided;

(h) to provide or secure or promote the provision of

training for persons engaged or to be engaged in the

transport services and to promote the welfare of such

persons;

(i)

to provide for the safe use of any aircraft, ship, yacht,

or vehicle and to ensure that the safety of the public in

general is protected through the making of such rules,

regulations and standards as may seem necessary to

the Authority in order to achieve this objective;

(j)

to compile and keep up-to-date records of such data as

it may deem appropriate in connection with its

functions;

(k) to carry out or give effect to any international

convention or other international agreements relating

to which the Government is or intends to become a

party;

(l)

to implement any European Community obligation

relating to any matter falling within its functions;

(m) to carry on all such activities not falling within the

functions or competence of another person, body or

authority according to law as may appear to the

Authority to be requisite, advantageous or convenient

to be carried on for or in connection with the

performance of any of the other functions of the

Authority

Provided that, in so far as any of the policies, schemes or

strategies of the Authority as set out in this sub-article (1)

concern or relate, to any extent, to the functions of

Infrastructure Malta, the Authority shall consult

Infrastructure Malta prior to the implementation of any

policy, scheme or strategy in terms of sub-article (1);

(n) to perform any other function or duty, and to exercise

any power vested, in it by or pursuant to this Act or

any other laws; and

(o) to create and promote maritime sectoral clusters and the

competitiveness and strengthening thereof, to promote

the sectors towards innovation based economies and

environmentally sustainable projects, to propose to

Government maritime policy and infrastructural

improvements and promote the creation of maritime

cultural awareness both locally and through participation

in European Union and international fora and encourage

cooperation between educational institutions and

businesses with regard to maritime sectoral clusters.

(2)

The Authority shall have the power to

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

to establish the conditions under which such licence

may be granted, renewed, refused, suspended or

revoked and the fees which may be payable in each

case;

(b) prescribe the fees to be paid in respect of the issue,

validation, renewal, extension or variation of any

certificate, licence or other document or the

undergoing of any examination or test required by this

Act or any regulations, directive or order made

thereunder and in respect of any other matters in

respect of which it appears to the Authority to be

expedient for the purpose of the Act, regulations,

directive or order to charge fees;

(c) regulate the manner and conditions of the issue,

validation, renewal, extension or variation of any

certificate, licence or other document required by this

Act or any regulations, directive or order made

thereunder, and as to the form, custody, production,

cancellation, suspension, endorsement and surrender

of any such document;

(d) regulate the charges, fees or tariffs that may be

charged or made for the use of ports and aerodromes,

and for the use of any transport facility including

different means of public transport, and for services

provided at such facilities;

AUTHORITY FOR TRANSPORT IN MALTA

(e) appoint its officers or employees to supervise the

implementation of and, where necessary, to enforce

this Act or any regulations made thereunder or deemed

to be made thereunder or other laws relating to

aviation, maritime or land transport or any regulations

made thereunder;

(f)

establish codes of conduct for transport operators and

the operators of other services provided for hire or

reward which codes of conduct shall have the force of

law after publication in the Gazette;

(g) establish and impose, by regulations, tariffs, fees and

administrative penalties;

(h) prohibit, control and otherwise regulate -

(i)

the use by any person of any transport facility,

including ports and aerodromes;

(ii) the presence of any person, aircraft, ship, boat,

yacht, vehicle, cargo or goods within any

transport facility, including any port or

aerodrome;

(i)

load or unload any aircraft or ship, boat, yacht or

vehicle in any aerodrome or port or road or wherever it

may be;

(j)

direct where any ship shall be berthed, moored or

anchored in any port and the method of anchoring

within the port, or where any aircraft shall be parked in

any airport and method of parking within the airport;

(k) remove or order the removal of any ship from one

berth, station or anchorage to another in a port, and the

time within which such removal is to be effected, or

remove or order the removal of any aircraft from a

parking space, and the time within which such removal

is to be effected;

(l)

regulate the movement of ships within or between

ports, or within the approaches to a port or within

territorial waters, and of aircraft in an airport in the

same manner and as may be applicable;

(m) carry on such business and other activities, do all such

things and enter into all such transactions as appear to

the Authority to be necessary, convenient or

advantageous for it to carry on or perform or enter

into, for or in connection with the discharge of its

functions, or as appear to the Authority to be

incidental or conducive thereto; and

(n) to fund public transport services and infrastructure,

invest in transport systems and enter into negotiations

and arrangements with other persons to develop,

improve, coordinate and secure the provision of public

transport services.

(3) The Authority may, with the consent of the Minister, take

part in the formation of a company, or enter into joint ventures or

partnerships for the purpose of fulfilling any of its functions.

(4) In carrying out its functions under this Act, the Authority

shall ensure that its strategy, policies and activities conform with

the aims and objectives of national economic planning from time to

time in force, general Government and Ministry directives and shall

give primary consideration to the impact of transport on the

environment encouraging polices of environmental sustainability,

modal shifts and passenger transport.

(5) The Authority may cause or authorise any of its officers or

employees to board any aircraft, ship, boat, yacht in port or outside

port, or any vehicle wherever it may be if it considers it necessary

so to do in the discharge of any function under this Act or under

any other law or if it considers that there are reasonable grounds to

believe that an offence against this Act, or against any other law, or

any regulation, rule, directive or order made thereunder, has been

or is about to be committed.

(6) The Authority may cause or authorise any of its officers or

employees, together with such workmen as may be necessary to -

(a) enter on any land or building for the purpose of

erecting or maintaining any lighthouse or beacon or

other navigational aid for ships, or of examining,

repairing, altering or removing any such lighthouse,

beacon or other aid, and there remain for such

reasonable time as may be necessary for such purpose;

(b) erect and maintain lighthouses, or other aids as

aforesaid upon or in any land, building, wharf, pier, or

the shore or bed of the sea and alter or remove any

such lighthouse, beacon or other aid

Provided that

(i)

the Authority shall as far as practicable give

notice to the occupier of any land or building

upon which it is intended to enter in exercise of

the powers conferred by this sub-article; and

(ii) the Authority in the exercise of the said powers

shall do as little damage as is practicable in the

circumstances and shall pay compensation for

any damage done and for the creation or

requisition of any rights over property.

(7) The Authority may, instead of using its officers or

employees to carry out any action sanctioned by this Act, decide to

authorize a contractor of the Authority to exercise such function

and in such cases the contractor of the Authority shall have such

powers, rights and obligations as an officer or employee of the

Authority and shall, for the purposes of this Act and any regulation

or directive made thereunder, be for all intents and purposes

considered an employee of the Authority.

(8) The Authority may require any person to provide it with

any information, including financial information, that the Authority

considers necessary for the purpose of ensuring compliance by that

person with the provisions of this Act, regulations prescribed

thereunder and decisions or directives made in accordance with this

Act or any other law which the Authority is entitled to enforce. Any

person who fails or refuses to provide such information shall be in

contravention of this Act and shall be liable to the imposition of an

administrative fine as may be prescribed by the Authority.

(9) Where any damage is done to any works, plant or

machinery in any aerodrome, port, transport facility or to any other

property of the Authority by an aircraft, ship boat, yacht or vehicle

or by any person engaged on any work on or about an aircraft, ship,

boat, yacht or vehicle the Authority may restrain such aircraft, ship,

boat, yacht or vehicle and shall thereupon notify the pilot, master,

driver, owner or agent of such aircraft, ship, boat, yacht or vehicle

or the agent or representative of such owner, to provide within the

time specified in the notice, sufficient security for the payment of

the damages so caused, and the aircraft, ship, boat, yacht or vehicle

shall not be released until the security is given.

Without prejudice to the powers and functions granted to the

Authority in terms of article 6, the Authority shall have the following

powers and functions specifically in connection with roads and

railways and transport by road and by rail

(a) to regulate transport by road, the registration, licensing

and use of vehicles, the licensing of all commercial

operations connected with road transport, and to make

provision for any matter that is provided for under this

Act in connection with transport by road;

(b) to do all such things as may be necessary for the

regulation, management, safety and control of road

traffic both at a national as well as at local level and

for this purpose to adopt strategies and standards that

are benchmarked at a European level;

(c) to plan, design, regulate and authorise 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, the installation of speed cameras and other

road traffic facilities for the purposes of traffic,

management and control;

(d) to administer, operate and maintain electronic road

traffic and safety signs or signals, electronic road

traffic markings and traffic control equipment and

related lighting equipment;

(e) to establish standards and specifications to be

maintained and complied with in the execution of any

works connected with roads and to do all such things

as are necessary or expedient to ensure adherence to

such standards and specifications by any local council,

the Agency for Infrastructure Malta or person who

carries out works on a road independently of who is

responsible for that road and for this purpose to set up

regular programmes to verify as well as to ensure the

implementation of such standards and specifications;

(f)

to carry out road safety audits, road safety assessments

and any other functions relating to roads set out in the

New Roads and Road Works Regulations and any

other law;

(g) without prejudice to any application that may have to

be made under the Development Planning Act, to act

as the sole authority to grant permits for any work on

any road;

(h) to grant rights of way on roads, other than private

roads, to persons;

(i)

to determine the classification or re-classification of

roads as the Authority may consider most appropriate

or expedient and to keep and cause to be published a

list of such classifications;

(j)

to do all such things as are necessary or expedient for

the testing, registration and licensing of vehicles,

owners of vehicles, commercial operators of vehicles,

drivers of vehicles, or other persons connected with

road transport;

(k) to ensure the provision of adequate, efficient and

environmentally friendly public transport systems and

for this purpose to either provide such services itself or

enter into a contract of service or other binding

instrument with one or more operators to provide such

services, whether on an exclusive basis or otherwise,

as the Authority may determine;

(l)

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;

(m) to plan, design, construct, re-construct, authorise,

permit, regulate, administer, maintain, repair and

restore accordingly, billboards, benches, kiosks and

any other thing that may be affixed to the surface of a

road, save as has been vested in Infrastructure Malta in

terms of the Agency for Infrastructure Malta Act or

any other law;

(n) to provide and regulate parking places for motor

vehicles in public areas and roads, and to regulate and

issue licences to car park attendants; and

(o) to establish weights, dimensions and equipment

requirements for motor vehicles.

Without prejudice to the powers and functions granted to

the Authority in terms of article 6, the Authority shall have the

following powers and functions specifically in connection with

maritime affairs and maritime transport -

(a) to regulate transport by sea, the registration, licensing

and use of boats, ships and yachts, the licensing of all

commercial operations connected with sea transport,

AUTHORITY FOR TRANSPORT IN MALTA

the construction, maintenance and licensing of ports

and port activities, yachting centres and other facilities

connected with sea transport and to make provision for

any matter that is provided for under this Act in

connection with transport by sea;

(b) to regulate and control navigation within the limits of

any port and the approaches thereto;

(c) to provide or ensure the provision of the appropriate

fire-fighting services in ports, and the provision of

pilotage and moorage services to ships;

(d) to provide and maintain in Malta adequate and

efficient lighthouses, beacons and other lights, buoys

and other navigational aids and services at such places,

including the territorial waters of Malta, as the

Authority may deem appropriate;

(e) to provide, maintain, develop, improve and operate

ports in Malta and any of their facilities, and to

provide, maintain and operate therein and in the

approaches thereto adequate and efficient services, and

facilities as it may from time to time consider

necessary or advantageous for the proper, safe and

efficient functioning of such ports or as the Authority

may otherwise deem it proper to provide in the public

interest and to clean and clear any port or the

approaches thereto;

(f)

to provide and use or to ensure the provision and use

of ships, boats, yachts and vehicles and other means

for the salvage or protection of life and property;

(g) to provide or ensure the provision of fuel and other

necessities to ships and to exercise overall control of

all port work including the provision of port workers

for port work;

(h) to promote and advance the skills of seafarers and of

persons employed in ports and in the maritime industry

and the efficiency of the equipment used therein;

(i)

without prejudice to the above, to provide or ensure

the provision of such other services and facilities as

are in the opinion of the Authority necessary for the

operation of ports;

(j)

without prejudice to the provisions of any other law, to

exercise overall control for the preservation of good

order in the territorial and internal waters of Malta, in

any port and in the land and sea approaches to any

port, and on wharves;

(k) to regulate, administer and control all matters related

to merchant shipping or provided for under the

Merchant Shipping Act or any other related legislation

and to provide all services thereto;

(l)

without prejudice to any of the provisions of the

Merchant Shipping Act, to do all such things as are

necessary and expedient for the testing, registration

and licensing of boats, ships and yachts, owners or

commercial operators of the same, seafarers, persons

working in ports or other persons or facilities

connected with transport by sea;

(m) without prejudice to the provisions of the Environment

Protection Act to prevent and control the pollution of

any port or the approaches thereto by oil or any other

substances; and

(n) to regulate, control, develop and promote the yachting

centres and to promote the maritime facilities of

Malta.

Without prejudice to the powers and functions granted to

the Authority in terms of article 6, the Authority shall have the

following powers and functions specifically in connection with

civil aviation

(a) to ensure a safe operational environment in accordance

with the Convention on International Civil Aviation

done at Chicago on the 7th December 1944;

(b) to regulate transport by air, the registration, licensing

and use of aircraft, the licensing of all commercial

operations connected with air transport and service

providers, the construction, maintenance, licensing

and inspection of aerodromes and other facilities

connected with air transport and to make provision for

any matter that is provided for under this Act in

connection with transport by air;

(c) to regulate air traffic management and airspace design,

including communications, navigation, surveillance,

airspace and air traffic management systems and

procedures, as well as aeronautical information

services;

(d) to regulate all matters connected with civil aviation

and to coordinate with relevant civil aviation

international

organizations

and

to

promote

international cooperation in civil aviation;

(e) to register aircraft in Malta, to approve and appraise

the operational safety standard of locally registered

airlines, and to regulate, control, develop and promote

the use of the civil aviation facilities of Malta;

(f)

to prohibit aircraft from flying unless certificates of

airworthiness issued or validated are in force with

respect to them;

(g) to provide for access to aircraft factories for the

purpose of inspecting work therein carried on therein

in relation to aircraft or parts thereof and for

prohibiting or regulating the use of unlicensed

aerodromes;

(h) to prohibit persons from engaging in, or being

employed in or in connection with, air navigation and

AUTHORITY FOR TRANSPORT IN MALTA

to license those employed at aerodromes in the

inspection or supervision of aircraft;

(i)

to regulate the conditions under which, and in

particular the aerodromes to or from which, aircraft

entering or leaving Malta may fly, and the conditions

under which aircraft may fly from one part of Malta to

another;

(j)

to regulate the conditions under which passengers and

cargo may be carried by air and under which aircraft

may be used for other commercial, industrial or

gainful purposes, and to prohibit the carriage by air of

goods of such classes as may be specified in

regulations or order;

(k) to minimise or prevent interference with the use or

effectiveness of apparatus used in connection with air

navigation, and to prohibit or regulate the use of such

apparatus as aforesaid and the display of signs and

lights liable to endanger aircraft;

(l)

generally to secure the safety, efficiency and regularity

of air navigation and the safety of aircraft and of

persons and property carried therein, to prevent

aircraft endangering other persons and property and, in

particular, to detain aircraft for any of the purposes

specified in this paragraph;

(m) to require persons engaged in, or employed in or in

connection

with, air navigation to supply

meteorological information for the purposes of air

navigation;

(n) to license flight crew, air traffic controllers and apron

controllers and to monitor the conduct of their medical

examinations and to license aircraft maintenance

engineers and other aviation personnel;

(o) to regulate the making of signals and other

communications by or to aircraft and persons carried

therein;

(p) to establish any ensign, and to regulate the use of any

ensign already established whether by regulations or

order or otherwise, for purposes connected with air

navigation;

(q) to prohibit aircraft from flying over such areas in

Malta as may be specified in regulations or order;

(r) to support and assist in the investigation of air

accidents and incidents;

(s)

to manage the State Safety Programme (SSP) in

accordance with applicable EU legislation and

International Civil Aviation Organisation (ICAO)

Standard and Recommended Practices (SARPs) and any

related guidance material including, but not limited to

ICAO Safety Management documentation, as

appropriate.'

(1) Subject to the other provisions of this Act, the affairs

and business of the Authority shall be the responsibility of the

Authority, but save as aforesaid, the executive conduct of the

A u t h o r i t y, i t s a d m i n i s t r a t i o n a n d o r g a n i s a t i o n a n d t h e

administrative control of its Directorates and of its officers and

employees, shall be the responsibility of the Chief Executive

Officer of the Authority, who shall also have such other powers as

may from time to time be delegated to him by the Authority.

(2) The Authority and each of the Directorates may exercise

any one or more of their functions or responsibilities either directly

or through any of their officers or employees authorised for the

purpose, or through a contractor or other person with whom

ag reement for the performance of any one o r more of su ch

functions or responsibilities has been entered into

Provided that nothing in this sub-article shall authorise the

Authority to contract out any of its regulatory or licensing

functions.

(3) Where in this Act anything is to be done by or against or

with respect to the Authority, or any notice is to be or may be given

to the Authority, any such thing or notice may also be done by or

against or with respect to or be given to the Directorates under

whose jurisdiction the matter falls by reason of a delegation of

function to such Directorate; and for the purposes aforesaid any

reference in this Act to the Authority includes a reference to the

appropriate Directorate.

(1) Policy making and the determination of policy matters

shall be the exclusive prerogative of the Minister. In the event of

disagreement between the Minister and the Authority whether or

not a particular matter is a matter of policy, the decision of the

Minister shall be final provided that the Authority may request that

the Minister delivers his decision in writing.

(2) A policy determination by the Minister shall only be

binding on the Authority if it is communicated to it in writing and

is signed by the Minister.

(3) Without prejudice to the above, the Minister may, from time

to time, give to the Authority directions, not inconsistent with the

provisions of this Act, to be followed by the Authority in the

carrying out of its functions under this Act, and the Authority shall,

as soon as practicable, give effect to all such directions.

(4) The Authority shall afford to the Minister facilities for

obtaining information with respect to its property, activities or any

other function or duty and furnish him with returns, accounts and

other information with respect thereto, and shall also afford to him

facilities for the verification of information furnished, in such

manner and at such times as he may reasonably require.

(5) If the Authority fails to comply with any directions issued

under this article, the Prime Minister may make an order

transferring to the Minister in whole or in part any of the functions

of the Authority in which case those functions may be exercised by

the Minister through the Chief Executive Officer of the Authority

and through its Directorates, officers and other employees.

(1) The Authority shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any kind of property for the purposes of

its functions, of suing and being sued, and of doing all such things

an d en teri ng int o al l su ch t ran sactions as are incidental or

conducive to the exercise or performance of its functions under this

Act, including the lending or borrowing of money.

(2) The legal representation of the Authority shall jointly vest

in the Chairperson and the Chief Executive Officer

Provided that the Authority may appoint any one or more of

its other members or any one or more of its officers or employees to

appear in the name and on behalf of the Authority in any judicial

proceedings and in any act, contract, instrument or other document

whatsoever.

(3) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chairperson or by the

Chief Executive Officer or by a head of the Directorate in relation

to any matter delegated to him on behalf of the Authority shall be

received in evidence and shall, until the contrary is proved, be

deemed to be an instrument made or issued by the Authority.

(1) The meetings of the Authority shall be called by the

Chairperson, as often as may be necessary but at least once a

month, either on his own initiative or at the request of any four of

the other members of the Authority.

(2) Half the number of members for the time being constituting

the Authority shall form a quorum. Decisions shall be adopted by a

simple majority of the votes of the members present and voting.

The Chairperson, or in his absence the Deputy Chairperson or other

person appointed to act as chairperson, shall have an initial vote

and, in the event of an equality of votes, a casting vote. Without

prejudice to the other requirements of this Act, no decision shall be

valid which is not supported by at least three members of the

Authority where the Authority consists of six members other than

the Chairperson or by at least four members where the Authority

consists of more than six members other than the Chairperson.

(3) Subject to the provisions of this Act, the Authority may

regulate its own procedure.

(4) Subject to the foregoing provisions of this article, an act or

proceeding of the Authority shall be valid notwithstanding any

vacancy among its members.

(5) All acts done by any person acting in good faith as a

member of the Authority shall be valid as if he were a member

notwithstanding that some defect in his appointment or

qualification be afterwards discovered. No act or proceeding of the

Authority shall be questioned on the ground of the contravention,

by a member, of the provisions of article 5(9).

(1) There shall be established the Directorates designated

in the First Schedule which shall have the respective

responsibilities described in the same Schedule. The Minister may,

after consulting the Authority, by regulations amend the said

Schedule whereby any one or more of the said Directorates may be

abolished, or their responsibilities varied or such other

Directorates, as the Minister may from time to time deem

appropriate may be established.

(2) The Authority shall in writing vest in the Directorates

established under sub-article (1) and subject to the overall

supervision and control of the Authority and of the Chief Executive

Officer, such of its functions as relate or are ancillary to the matters

for which they are responsible as will enable the said Directorates

to give effect to the strategies, policies and directives of the

Authority and to otherwise discharge effectively and efficiently the

functions of the Authority in their respective areas of operation.

(3) Each of the Directorates established under sub-article (1)

shall be headed by a person ha ving adequate experience or

knowledge in the respective area of operation who shall either be a

public officer detailed for duty with the Authority or any employee

of the Authority, or a person detailed to work for the Authority in

accordance with an agreement made between the Authority and a

public or private undertaking.

(4) The heads of the Directorates shall be appointed by the

Authority following approval by the Minister for a period of three

years which may be extended for further periods of three years

each.

(1) The Authority shall appoint a Chief Executive Officer

following the approval of the Minister. Such appointment shall be

for a period of three years which may be extended for further

periods of three years each.

(2) The Chief Executive Officer shall attend all the meetings of

the Board but shall not vote at such meetings

Provided that the Authority may if it so deems fit, require

the Chief Executive Officer not to attend any of the meetings or any

part of a meeting.

(3) The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Authority in the exercise of

its functions and without prejudice to the generality of the

foregoing shall -

(a) assume full responsibility for the overall supervision

and control of the Directorates;

(b) with the approval of the Authority, assign to the

Directorates such duties which are by, or in accordance

with, the provisions of this Act vested in such

Directorates;

(c) co-ordinate the workings of the Directorates;

(d) develop

the

necessary

strategies

for

the

implementation of the objectives of the Authority;

AUTHORITY FOR TRANSPORT IN MALTA

(e) advise the Authority on any matter it may refer to him

or on any matter on which he considers his advice

necessary or expedient; and

(f)

carry out such other functions and duties as the

Authority may assign to him from time to time.

(4) The Chief Executive Officer shall not hold any other office

or position without the consent of the Authority.

(5) The Chief Executive Officer may be dismissed by the

Authority at any time for a just cause and it shall be a just cause if

the Authority determines that he has not achieved the targets and

objectives set for him by the Authority.

(1) The Authority shall establish an Audit Committee with

written terms of reference, which clearly lay down the authority,

responsibilities, and duties of such committee.

(2)

(a) The Audit Committee shall meet as frequently as

necessary but at least six times a year.

(b) Meetings of the Audit Committee shall be chaired by

the Deputy Chairperson of the Authority, or in his

absence, by such member of the Authority as may be

designated for such purpose by the Chairperson of the

Authority.

(c) The members of the Audit Committee shall be

appointed on such terms and conditions as may be

determined by the Authority.

(3) Without prejudice to the generality of the provisions of sub-

article (1), the Audit Committee shall have the following functions

(a) to provide oversight of the systems of internal control

and risk management of the Authority and to assist and

support

the

Authority

in

discharging

its

responsibilities in relation thereto;

(b) to provide the communication link with external

auditors and to evaluate and coordinate the audit and

financial reporting process of the Authority;

(c) to scrutinize and evaluate any transaction to be entered

into by the Authority with a value exceeding two

hundred and fifty thousand euro (€250,000); and

(d) to review and assess the effectiveness of the

management of the Authority in its compliance with

policies and in the discharge of its regulatory and

compliance functions;

(e) to manage all the most important risks undertaken by

the Authority.

(4) The Audit Committee shall report directly to the Authority

at least once every six months and at any such times as may be

directed by the Authority.

PART IV

OFFICERS AND EMPLOYEES OF THE AUTHORITY

(1) Subject to the provisions of the Constitution, any other

enactment applicable thereto, and without prejudice to the other

provisions of this Act, the employment and appointment of officials

and other employees of the Authority shall be made by the

Authority and the terms and conditions of their employment and

appointment shall be established by the Authority with the

concurrence of the Minister.

(2) The Authority may, with the approval of the Minister given

after consultation with the Minister responsible for finance,

establish a scheme or schemes, whether by contributory or non-

contributory arrangements or partly by one and partly by the other,

for the payment of pensions, gratuities and other like benefits to its

officers and employees on their retirement, death or injury, or to

their dependants.

(1) Where the Chief Executive Officer or a member of the

staff of the Authority, or a consultant, advisor or other person

engaged by the Authority, has any interest in, or material to, any

matter which falls to be considered by the Authority, he shall -

(a) disclose to the Authority the nature of his interest at

the first meeting of the Authority after such interest is

acquired or in advance of any consideration of the

matter, whichever is the earlier;

(b) neither influence nor seek to influence a decision in

relation to such matter; and

(c) take no part in any consideration of such matter.

(2) Where a question arises as to whether or not a course of

conduct, if pursued by a person, would constitute failure by him to

comply with the requirements of sub-article (1), the question shall

be determined by the Authority and the decision and its motivation

shall be recorded in the minutes of the meeting during which the

decision was taken.

(3) Where a disclosure is made to the Authority pursuant to

sub-article (1), particulars of the disclosure shall be recorded in the

minutes of the relative meeting.

(4) Where a person to whom sub-article (1) applies fails to

make the required disclosure, the Authority shall decide the

appropriate action to be taken which may include the removal from

office or termination of the contract of the person concerned.

(5) Save as may be otherwise required or permitted for the

purposes of this Act, or in the course of a prosecution for an

offence committed against any of the provisions of this Act or of

any other law or of any regulations made thereunder, the Authority

and its staff shall, in carrying out their functions or duties under

this Act, be bound by the provisions of the Professional Secrecy

Act and shall not divulge any information about any applicant or

any benefits granted to any applicant without the prior written

consent of such applicant or as otherwise permitted by law.

The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may, in

accordance with article 17, determine, such officers and employees

of the Authority as may from time to time be necessary for the due

and efficient discharge of the functions of the Authority.

(1) The Prime Minister may, from time to time, direct that

any public officer shall be detailed for duty with the Authority in

such capacity and with effect from such date as may be specified in

the Prime Minister’s direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein, shall, unless the officer retires from

the public service, or otherwise ceases to hold office at an earlier

date, or unless a different period is specified in such direction, end

on the happening of any of the following events, that is to say

(a) the acceptance by such officer of an offer of transfer to

the service of, and permanent employment with, the

Authority made in accordance with the provisions of

article 22; or

(b) the revocation of such direction by the Prime Minister,

in relation to such officer

Provided that in relation to a public officer detailed for

duty with the Authority with effect from such date as

the Prime Minister may in a direction as aforesaid

establish, the detailing of such public officer shall

cease to have effect after one year from the effective

date of such direction, unless the direction is revoked

earlier by the Prime Minister.

(3) Where a direction as aforesaid is revoked by the Prime

Minister in relation to any officer, the Prime Minister may, by

further direction, detail such officer for duty with the Authority in

such capacity and with effect from such date as may be specified in

the Prime Minister’s direction, and the provisions of sub-article (2)

shall thereupon apply to the period of duration of such detailing by

any such further direction in relation to such officer.

(1) Where any public officer is detailed for duty with the

Authority under any of the provisions of article 17, such officer

shall, during the time in which such direction has effect in relation

to him, be under the administrative authority and control of the

Authority but he shall for all intents and purposes remain and be

considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he is so

detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment held by him under the

Government on the date on which he was so

detailed for duty; or

(ii) receive remuneration and be subject to

conditions of service which are less favourable

than those attached to the appointment under the

Government held by him on the date aforesaid or

which would have become attached to such

appointment, during the said period, had such

officer not been detailed for duty with the

Authority; and

(b) shall be entitled to have his service with the Authority

considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and the Widows’ and Orphans’

Pensions Act and for the purpose of any other right or

privilege to which he would have been entitled, and

liable to any liability to which he would have been

liable, but for the fact of his being detailed for duty

with the Authority.

(3) Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the

Authority as aforesaid during the period in which he is so detailed.

(1) The Authority may, with the approval of the Prime

Minister, offer permanent employment with the Authority to any

officer detailed for duty with the Authority under any of the

p r o v i si o n s o f a r t i c l e 2 0 a t r e m u n e r a t i o n a n d o n t e r m s a n d

conditions not less favourable than those enjoyed by such officer

on the date of such offer.

(2) The terms and conditions of any permanent employment

offered by the Authority under the provisions of sub-article (1)

shall not be deemed to be less favourable merely because they are

not in all respects identical or superior to those enjoyed by the

officer concerned on the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister

offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of sub-article (1)

shall, for all purposes other than those of the Pensions Ordinance

and of the Widows’ and Orphans’ Pensions Act, and saving the

provisions of article 41 of this Act, be deemed to have ceased to be

in service with the Government and to have entered into service

with the Authority on the date of his acceptance, and for the

purposes of the said Ordinance and of the said Act, so far as

applicable to him, service with the Authority shall be deemed to be

service with the Government within the meanings thereof

respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority was entitled

to benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if

his service with the Authority were service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6) In the case of a public officer detailed for duty with the

Authority with effect from the date established under the proviso to

article 20(2)( b ) and who subsequently accepts permanent

employment with the Authority the foregoing provisions shall

apply subject to the following provisions of this article.

(7) For the purposes of the Pensions Ordinance the pensionable

emoluments on retirement of any public officer to whom sub-article

(6) applies shall be deemed to be the pensionable emoluments

payable to an officer in Government service in a grade and at an

incremental level corresponding to the post occupied and

incremental level on the date on which the officer retires from the

Authority.

(8)

(a) For the purposes of this article, posts and salary grades

with the Authority shall be classified in the most

nearly corresponding grades and incremental levels in

the service under the Government by reference to job

description, skills, responsibilities and other analogous

factors.

(b) The classification referred to in paragraph (a) shall be

carried out by a board composed of a chairperson

appointed by the Ministry responsible for finance and

two other members, one appointed by the Ministry

responsible for personnel policies in general in the

public service and one appointed by the Authority. The

classification shall be subject to the final approval of

the Minister responsible for finance.

(c) Such classification shall take place within three

months of any adjustment of salaries of employees in

Government service and, or of employees of the

Authority.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such

other grade that the Minister responsible for finance

may from time to time by notice in the Gazette

determine.

(e) Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the said Pensions Ordinance

less favourable than those to which he would have

been entitled prior to such classification.

The Authority may engage such consultants or advisers, as

it may consider necessary to assist it in the fulfilment of its

functions.

PART V

FINANCIAL PROVISIONS

(1) Without prejudice to the following provisions of this

a r t i c l e , t h e A u t h o r i t y s h a l l s o c o n d u c t i t s a ff a i r s t h a t t h e

expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

(2) For the purposes of sub-article (1) the Authority shall levy

all fees, rates and other payments prescribed or deemed to be

prescribed by or under this Act or any other law providing for

matters falling under the powers and functions vested in the

Authority by or under this Act.

(3) The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to

be continued or otherwise carried out by the Authority, being

infrastructural works or works of a similar capital nature.

(4) Subject to such directives as the Minister may give from

time to time after consultation with the Minister responsible for

finance, any excess of revenue over expenditure shall be applied by

the Authority to the formation of reserve funds to be used for the

purposes of the Authority. Without prejudice to the generality of

the power of the Minister to give directives under this sub-article,

any directive given by the Minister as aforesaid may order the

transfer to the Government, or the application in such manner as

may be specified in the direction, of any part of the fees, rates and

other payments levied in accordance with sub-article (2).

(5) Any funds of the Authority not immediately required to

meet expenditure may be invested in such manner as may from time

to time be approved by the Minister.

(1) For the purpose of carrying out any of its functions

under this Act, the Authority may, with the approval in writing of

the Minister given after consultation with the Minister responsible

for finance, borrow or raise money in such manner, from such

person, body or authority, and under such terms and conditions as

the Minister, after consultation as aforesaid, may in writing

approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying

out its functions under this Act

Provided that for any amount in excess of one million euro

(€1,000,000) there shall be required the approval of the Minister in

writing.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Authority of

such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make such

a d v a n c e s o n s u c h t e r m s a n d c o n d i t i o n s a s h e m a y, a f t e r

consultation as aforesaid, deem appropriate. Any such advance may

be m ade by the Min ister r esponsible for finance o ut of the

Consolidated Fund, and without further appropriation other than

this Act, by warrant under his hand authorising the Accountant

General to make such advance.

(1) The Minister responsible for finance may, for any

requirements of the Authority of a capital nature, contract or raise

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate; and any sums due in

respect of or in connection with any such loan or liability shall be a

charge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be

given to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in sub-

article (1), or for the purpose of providing the Authority with

working capital, the Minister responsible for finance may, by

warrant under his hand, and without further appropriation other

than this Act, authorise the Accountant General to make advances

to the Authority out of the Treasury Clearance Fund under such

terms as may be specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to

the Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the

"Transport Regulation Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority by way of repayment of advances made to the Authority

under sub-article (3) shall be paid into the Treasury Clearance Fund

and sums received by the Accountant General by way of interest on

such advances shall be paid into the Consolidated Fund.

(1) The Authority shall cause to be prepared in every

financial year, and shall not later than four weeks before the end of

such year adopt, estimates of the income and expenditure of the

Authority for the following financial year distinguishing, in

particular, between each of such Directorates as may be established

under the provisions of this Act

Provided that the estimates for the first financial year of the

Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates the Authority shall take

account of any funds and other monies that may be due to be paid

to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or of an appropriation Act or of

any other law; and the Authority shall so prepare the said estimates

as to ensure that the total revenues of the Authority are at least

sufficient to meet all sums properly chargeable to its revenue

account, including, but without prejudice to the generality of that

expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years

as the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith to the Minister and to the Minister

responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from

the Authority, approve the same with or without amendment after

consultation with the Minister responsible for finance.

(1) No expenditure shall be made or incurred by the

Authority unless provision therefor had been made in the estimates

approved as provided in article 28.

(2)

Notwithstanding the provisions of sub-article (1) -

(a) until the expiration of six months from the beginning

of a financial year, the Authority may make or incur

expenditure for carrying on its functions under this Act

not exceeding in the aggregate one-half of the amount

approved for the preceding financial year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible

for finance, be made or incurred in respect of another

head or sub-head of the estimates;

(c) in respect of the first financial year, the Authority may

make or incur expenditure until the approval of the

estimates for that year not exceeding in the aggregate

such amounts as the Minister responsible for finance

may, after consultation with the Minister, allow;

(d) if in respect of any financial year it is found that the

amount approved in the estimates is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the Authority may adopt

supplementary estimates for approval by the Minister

and in any such case the provisions of this Act

applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

The Minister shall, at the earliest opportunity and not later

than eight weeks after he has received a copy of the estimates and

supplementary estimates of the Authority, or if at any time during

that period the House of Representatives is not in session, within

eight weeks from the beginning of the next following session, cause

s u c h e s t i m a t e s t o b e l a i d o n t h e Ta b l e o f t h e H o u s e o f

Representatives.

(1) The Authority shall cause to be kept proper accounts

and other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

(2) The accounts of the Authority shall be audited by an auditor

or auditors to be appointed by the Authority and approved by the

Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts

of the Authority to be audited or examined by the Auditor General

who shall for the purpose have the power to carry out such physical

checking and other verifications as he may deem necessary.

(3) The Authority shall not later than six months after the end

of each financial year cause a copy of the statement of accounts

duly audited to be transmitted to the Minister and to the Minister

responsible for finance together with a copy of any report made by

the auditors on that statement or on the accounts of the Authority.

(4) The Minister shall cause a copy of every such statement and

report to be laid before the House as soon as practicable.

(1) All monies accruing to the Authority shall be paid into

a bank or banks appointed as bankers of the Authority by a

resolution of the Authority. Such monies shall, as far as practicable,

be paid into any such bank from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority,

shall be made by such officer or officers of the Authority as the

Authority shall appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose

and shall be countersigned by the Chairperson or such other

member or officer of the Authority as may be authorised by the

Authority for that purpose.

(4)

The Authority shall also make provision with respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the Authority are to be paid,

and the transfer of funds from one account to the

other;

(c) the method to be adopted in making payments out of

funds of the Authority, and generally with respect to

any matter which is relevant to the proper keeping and

control of the accounts and books, and the control of

the finance, of the Authority.

Without prejudice to any directions communicated by the

Minister under article 11(2), the Authority shall not award or enter

into any contract for the supply of goods or materials or for the

execution of works, or for the rendering of services, to or for the

benefit of the Authority, except in accordance with regulations in

force regulating the procurement of all goods and services in the

public sector.

The Authority shall, not later than six months after the end

of each financial year, make and transmit to the Minister and to the

Minister responsible for finance a report dealing generally with the

activities of the Authority during that financial year, distinguishing,

in particular, between each of such Directorates as may be

established under the provisions of this Act and containing such

information relating to the proceedings and policy of the Authority

as either of the said Ministers may from time to time require. The

Minister shall cause a copy of every such report to be laid on the

Table of the House as soon as practicable.

The Authority shall be exempt from any liability for the

payment of income tax and duty on documents under any law for

the time being in force.

PART VI

TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY

36.(1) (a) The property and undertakings owned by the Malta

M a r i t i m e A u t h o r i t y o r b y t h e M a l t a Tr a n s p o r t

Authority or by the Civil Aviation Department and

used by any one of them immediately before the date

of the coming into force of this Part of this Act, or

owned by the Government and used by any of the said

Authorities or by the said Department before the said

date, for the operation of any of the functions which by

this Act are being transferred to or vested in the

Authority shall, on the date aforesaid, by virtue of this

Act and without further assurance, be transferred to

and vested in the Authority under the same title by

which they were used or held by Malta Maritime

Authority or the Malta Transport Authority or the Civil

Aviation Department immediately before the said date.

(b) The immovable assets which immediately before the

coming into force of this Act were owned by the

Government and used for the exercise of any of the

functions which by this Act are being transferred to or

vested in the Authority shall by virtue of this Act and

without any further assurance be transferred to and

vested in the Authority under the same title by which

they were held by the Government before the coming

into force of this Act.

(2) The transfer and vesting in the Authority as aforesaid shall

extend to the whole of such property and undertakings and, without

prejudice to the generality aforesaid, shall include all plant,

equipment, apparatus, instruments, vehicles, ships, craft, wharves,

quays, piers, jetties, buildings, structures, installations, land, roads,

works, stocks and other property, movable or immovable, assets,

powers, rights and privileges and all things necessary or ancillary

thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating

to any of the aforesaid property or undertakings or other thing

included therein as aforesaid

Provided that in respect of aerodromes, roads, wharves,

quays, piers and jetties the transfer and vesting in the Authority as

aforesaid shall not extend to the ownership thereof but shall be

limited to their use, administration and operation including any

benefit deriving from such use, administration and operation,

subject to the obligation of the Authority to maintain, to the extent

that such maintenance is not the responsibility of Local Councils in

terms of the first proviso to article 7(b), and keep all such property,

and for the purposes of articles 37 and 38 such property shall be

deemed to be included in the properties transferred to the Authority

by or under this Act.

(3) The Minister may by Order in the Gazette from time to time

vest in the Authority any land held by the Government in order that

the Authority may construct any aerodrome, road, port, wharve,

quay, pier or jetty thereon, and the provisions of the proviso to sub-

article (2) shall apply to any land so vested by the Minister under

this sub-article.

(1) Subject to other provisions of this Act, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part of this Act affecting or relating to any of the

properties or undertakings transferred to the Authority by or under

this Act and in which the Government or a government authority is

a party thereto or is named therein shall have full force and effect

against or in favour of the Authority, and shall be enforceable

f r e e l y a n d e ff e c t u a l l y, i n s u c h m a n n e r a s i f i n s t e a d o f t h e

Government or governmental authority the Authority has been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(2) Any reference in any law to the Malta Transport Authority

or the Public Transport Authority or the Malta Maritime Authority

or the Civil Aviation Department shall be read and construed as a

reference to the Authority as so defined in article 2 and shall

include a reference to any Directorate established under this Act, as

the case may require.

(1) Anything relating to any of the properties or

undertakings or any right or liability transferred to the Authority by

or under this Act which has been commenced by or under the

authority of the Government, the Malta Maritime Authority or the

Malta Transport Authority or the Civil Aviation Department before

the date of the coming into force of this Part of this Act may

continue to be carried on and completed by or as authorised by the

Authority on or after such date.

(2) Where immediately before the date of the coming into force

of this Part of this Act there are still pending any legal proceedings

relating to any of the properties or undertakings, or to any right or

liability, transferred to the Authority by or under this Act and to

which the Government, the Malta Maritime Authority or the Malta

Transport Authority or the Civil Aviation Department is or is

entitled to be a party, the Authority shall, as from the date

aforesaid, be substituted in such proceedings for the Government,

or for the aforesaid Authorities or Department, as the case may be,

or shall be made a part thereto in like manner as the Government,

any such Authority or Department could have become a party as

aforesaid, and such proceedings shall not abate by reason of the

substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, as

appropriate, the assets transferred to the Authority by this Act and

securing and giving full effect to the transfer of any property or

undertaking or any right or liability to the Authority by this Act and

make such orders as may be necessary to make any powers and

duties exercisable by the Governm ent , th e M alta Marit im e

Authority or the Malta Transport Authority or the Civil Aviation

Department in relation to any of the transferred property or

undertakings exercisable by or on behalf of the Authority.

The provisions of articles 36 to 38 shall also apply mutatis

mutandis to Malta Marittima Agency.

PART VII

SUPERVISORY BOARDS

(1) The Minister may, after consultation with the

Authority, by Order published in the Gazette and with effect from

such date or dates as may be laid down in such Order, appoint in

respect of any Directorate that may have been established under

this Act, a Supervisory Board consisting of a Chairperson and such

other members named in the Order. The said board shall have such

executive and, or advisory powers as may be laid down in the Order

that may be determined by the Minister after consultation with the

Authority.

(2) The members of the Supervisory Board shall hold office for

such period and on such terms and conditions as the Minister may

determine in the Order aforesaid.

(3) The provisions of sub-articles (5)(a), (6) and (9) of article 5

shall mutatis mutandis apply to the members of the supervisory

boards.

(4) Each Supervisory Board shall keep minutes of all its

meetings and shall forward copies of such minutes to the Authority,

The provisions of article 13 shall mutatis mutandis apply to the said

board and its acts or proceedings.

PART VIII

ADMINISTRATIVE REVIEW TRIBUNAL

(1) The Administrative Review Tribunal established by

article 5 of the Administrative Justice Act shall be competent 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 an authorisation, or a licence or a permit, or

to impose conditions, limitations or exclusions therein

or therefore; and

(b) appeals made by any person aggrieved by an

administrative or any other penalty imposed on that

person by the Authority

Provided that, unless otherwise prescribed by law, an

appeal lodged in terms of this subarticle to the Administrative

Review Tribunal shall be filed within twenty days from the receipt

of the Authority’s decision.

(2) Any proceedings which immediately before the coming into

force of this article are pending before the Transport Appeals Board

established under the Malta Transport Authority Act shall, with

effect from the 31st March, 2010, be assigned to the Administrative

Review Tribunal mentioned in this article for decision and

thereafter shall be regulated by the provisions of Part III of the

Administrative Justice Act.

(3) There shall be a right of appeal in accordance with the

provisions of Part IV of the Administrative Justice Act from

decisions of the Administrative Review Tribunal under sub-article

(1) or (2) and such appeal shall be to the Court of Appeal (Inferior

Jurisdiction).

PART IX

MISCELLANEOUS

The members of the Authority, the members of the

Supervisory Boards and all officers and employees of the Authority

shall be deemed to be public officers or employees within the

meaning of the Criminal Code.

(1) Save as may otherwise be prescribed, no person shall

carry out or be engaged in any commercial air, sea or road transport

operation or undertaking, or carry out any commercial activity or

operation providing services to such an undertaking or operation,

unless such person is in possession of a licence, permit or other

authorisation issued by the Authority under this Act.

(2) Any person who carries out or is engaged in any such

operation, undertaking or activity without a licence or who acts in

breach of any condition of such licence, shall be guilty of an

offence and shall be liable on conviction to a fine (multa) of -

(a) not less than €25 but not exceeding €50,000 with

regards to road transport offences,

(b) not less than €25 but not exceeding €150,000 for

maritime transport offences,

(c) not less than €1,500 but not exceeding €250,000 for

offences relating to civil aviation,

or to imprisonment for a term not exceeding twenty-four months, or

to both such fine and imprisonment.

(1) The Minister may, after consultation with the

Authority, make regulations in respect of any of the functions of the

Authority and in connection with any matter relating to transport by

road, rail, sea or air.

(2) Without prejudice to the generality of sub-article (1) such

regulations under this article may, in particular with respect to road

transport and vehicles, provide -

(a) for the registration of motor vehicles or other vehicles

and the grant, renewal, transfer, suspension and

cancellation of licences in respect of motor vehicles or

other vehicles, the drivers thereof, public transport

employees, car hire garages, transport of passengers or

goods for hire or reward, and for such other licenses in

connection with motor vehicles or other vehicles and

the users thereof as may be necessary;

(b) for providing for the manner in which application for

the grant, renewal or transfer of licences or of any one

or more classes thereof is to be made; for the contents

of such application, for the manner in which such

licences are to be granted, renewed or transferred, the

form in which such licences are to be issued, the

contents thereof and the manner in which renewals or

transfers thereof are to be indicated;

(c) for fixing the duration of the validity of licences or of

any one or more classes thereof;

(d) for making provision to ensure that licences or any one

or more classes thereof will lapse on a specified day or

on specified days;

(e) for prescribing that any one or more classes of

licensees shall wear such distinctive badges as may be

specified, for determining the fees payable in respect

of such badges and for making other provisions in

respect thereof;

(f)

for prescribing the services which must be given by a

public transport vehicle, the time, manner and

conditions in which or under which such services are

to be given and the place from which orders,

agreements or other arrangements for such services are

to be given or made, and for requiring the distribution

among the owners of public transport vehicles, or of

such part thereof as may be prescribed in the

regulations, of all fares, fees and other receipts

collected by them, in the manner, terms and conditions

prescribed in the regulations;

(g) for the construction, equipment, condition and

maintenance of motor vehicles or other vehicles and

their periodical examination by official experts;

AUTHORITY FOR TRANSPORT IN MALTA

(h) for the classification of motor vehicles or other

vehicles according to their use as approved by the

Authority;

(i)

for ordering inside motor vehicles or other vehicles the

display of any information;

(j)

for prescribing the registers to be kept by licensees of

public transport vehicles, and the information to be

supplied by such licensees;

(k) for the control, restriction or prohibiting the passage or

stopping of motor vehicles or other vehicles through or

on any road, street, lane, square or other places of

public thoroughfare;

(l)

for pedestrian crossings and for the restriction or

control of the movement of pedestrians in, through or

across any road, street or other places of public

thoroughfare;

(m) generally for the control or the use of motor vehicles

or other vehicles on the road and for the regulation of

traffic of motor vehicles or other vehicles;

(n) for the management and supervision of public

transport services and for the maintenance and

enforcement of discipline on those services;

(o) for the conditions of work in public transport services

for the protection of the welfare of public transport

employees;

(p) for establishing the fees leviable in respect of the

grant, renewal or transfer of licences or of any one or

more classes thereof, either by direct determination or

by reference to the manner in which such fees are to be

reckoned; and to make provision for fees leviable in

respect of broken periods

Provided that regulations under this paragraph may

establish the minimum and the maximum of any fee

leviable in respect of licences or of any one or more

classes thereof, and in such case the fee leviable in

each particular case shall be fixed by and in the

discretion of the Authority;

(q) for making provision in respect of the refund of fees or

part thereof paid under the provisions of this Act or of

any regulations made thereunder;

(r) for prescribing a tariff of fares in respect of public

transport vehicles and services;

(s) for establishing the fees for the provision of any

service or the management of a service by the

Authority or by any person on its behalf or under its

authority, including, without prejudice to the

generality of the foregoing, any fees or other charges

for any service in connection with the regulation of

any activity by the Authority;

(t)

for the making of any deposit or the giving of any

guarantee to ensure the performance of any obligation

by any person imposed as a condition of any permit,

authorisation or licence under this Act;

(u) for the regulation of public transport and the transport

of goods in general, including the making of codes of

practices to be observed in any matter by persons

involved in such activities;

(v) for the powers and duties of officers, employees and or

of contractors appointed by the Authority.

(3) Without prejudice to the generality of sub-article (1)

regulations under this article may, in particular with respect to

maritime matters, provide for the maintenance, control and

management of the territorial and inland waters of Malta, for the

conveyance of passengers and transport of goods by sea, for the

management of any port or yachting centre and the land and sea

approaches to any port or yachting centre and for the maintenance

of good order therein and in particular, but without prejudice to the

generality of the foregoing, may provide for all or any one or more

of the following purposes

(a) the preservation of good order in any part of the

territorial and inland waters of Malta, in any port and

the land and the sea approaches to any port, and on

wharves, and for any other purpose in respect thereof;

(b) regulating traffic within the limits of a port or the land

and sea approaches thereto;

(c) regulating the use of berths, stations and anchorages to

be occupied by ships and the removal of ships from

one berth, station or anchorage to another, and the time

within which such removal is to be effected;

(d) regulating ships while taking in or discharging crews,

passengers, cargo or ballast, as the case may be, or

while taking in fuel or stores;

(e) keeping free passages of such width as is deemed

necessary, within any port and along, on or near to

piers, jetties, landing places, wharves, quays, docks,

moorings and similar works in or adjoining the same

or similar places, and for marking out the places so to

be kept free;

(f)

regulating, controlling, and prohibiting the presence of

any person in any place or building in a port or the use

by any person of any such place or building;

(g) regulating the anchoring, fastening, mooring and

unmooring and warping of ships and the use of warps,

mooring, buoys, anchors, chains and other mooring in

any port;

(h) regulating traffic, preventing obstruction and keeping

order on any areas, piers, jetties, landing places,

wharves, quays and docks in a port or its land and sea

approaches and for ensuring the safety of any of the

AUTHORITY FOR TRANSPORT IN MALTA

places and works aforesaid;

(i)

regulating the use of fires and lights and the signals to

be used by day and by night and the measures to be

taken in case of fire in a port;

(j)

regulating the use of navigation lights or signal lights

by ships, the use of flags and signals by ships arriving

at, lying in or departing from a port and the use by

ships of steam whistles, steam sirens and other like

instruments;

(k) prohibiting chipping, scaling, engine runs and repairs

on ships, as the case may be, except at such

anchorages or places as the Authority may appoint;

(l)

regulating the floating of any object in any port or the

approaches to a port and the casting or depositing of

any dead body, ballast, rubbish or other thing into the

territorial and inland waters of Malta, or into any port

or the approaches thereto;

(m) defining

dangerous,

hazardous,

inflammable,

explosive or offensive goods, regulating the

movements and berthing of ships carrying such goods

and prescribing the duties of masters of any such ship

and of persons engaged in or supervising the loading,

unloading, landing and transport of any such goods;

(n) the prevention, removal and marking of any

obstruction in any port and the approaches thereto and

the prevention and control of pollution by oil and other

substances, or in any other way, of any port and the

approaches thereto;

(o) regulating the placing and maintaining of moorings

and buoys in any port;

(p) the taking of measures for preventing ships from

leaving any port if over-loaded, improperly loaded,

improperly found, or if otherwise unseaworthy, subject

to any provisions of any law relating to merchant

shipping;

(q) the protection of ships, passengers and cargo, and the

removal of ships and their cargoes and appurtenances

which obstruct or are likely to obstruct any port, the

reimbursement of expenses in connection therewith,

and the levy and recovery of a rent for permitting a

hulk or wreck or wreckage to lie in any port or the

approaches thereto;

(r) regulating, declaring and defining the wharves, quays,

docks, piers and places in the ports, from or on which

persons shall be embarked or disembarked and goods

loaded or unloaded;

(s) regulating the manner in which and the conditions

under which the loading and unloading of ships, and

the lighterage, handling and warehousing of goods,

including the delivery of goods from a warehouse,

shall be carried out;

(t)

regulating the use of warehouses, wharves, quays,

docks, piers and other places in ports on or from which

goods are loaded or unloaded and the conduct of

persons taking part in the loading or unloading of

goods on or from a ship in any port;

(u) requiring and regulating the issue of a licence to a

person to be a ship agent, the conditions under which

such licence is issued and the levying of a fee for the

issue of such licence, and otherwise regulating and

controlling the activities of ship agents and persons

representing owners of ships in so far as such activities

relate to ships which may be or have been in a port;

(v) regulating the manner in which ships left idle in a port

in excess of such time as may be allowed by the

Authority or practically or wholly unattended or

insufficiently manned may be dealt with or disposed

of;

(w) regulating any of the following

(i)

the disposal of perishable or unclaimed goods

found in any port;

(ii) the prohibition of smoking in any part of any

port or approaches thereto;

(iii) the sale of goods in any part of any port;

(x) regulating matters concerning porters, carriers and

other labourers to be employed within the precincts of

a port, the issue of licences for the performance of

such occupation and any matter concerning the

discipline of such personnel

Provided that the service of luggage porters shall be

subject to the supervision and control of the Authority

Provided further that no responsibility shall attach to

the Government or to the Authority for any loss or

damage caused during the embarking, disembarking or

transhipment of any luggage by any licensed luggage

porter;

(y) providing for the grant, renewal, cancellation and

suspension of licences in relation to ships used for the

conveyance of passengers and transport of goods by

sea;

(z) providing for the establishment and regulation of fares

that may be charged for the conveyance of passengers

and transport of goods by sea;

(aa) without prejudice to the requirements under the

Merchant Shipping Act, providing for additional

requirements in relation to the regulation and licensing

of drivers of ships engaged in the conveyance of

passengers and transport of goods and other persons

employed in the operation of such ships;

AUTHORITY FOR TRANSPORT IN MALTA

(bb) after consultation with the Malta Communications

Authority, to regulate any aspect relating to the use of

radio communications by merchant ships;

(cc) prescribing anything that may or is to be prescribed

under this Act or which relates to any function or duty

of the Authority assigned to it by or under this Act or

by or under any other law.

(4) In order to achieve further the purposes of this Act with

respect to civil aviation matters, the Minister may by regulation or

order make such provision as appears to him to be requisite or

expedient -

(a) for carrying out or giving effect to any international

convention or other international agreements relating

to civil aviation to which the Government is or intends

to become a party;

(b) generally for regulating air navigation;

(c) for prescribing or making provision for any matter that

is to be or may be prescribed under this Act or under

the Civil Aviation Act;

(d) for implementing any European Community obligation

in matters relating to air transport or civil aviation;

(e) as to the registration of aircraft and aircraft mortgages

in Malta;

(f)

for prohibiting aircraft from flying unless certificates

of airworthiness issued or validated under the

regulations or order are in force with respect to them

and except upon compliance with such conditions as to

maintenance or repair as may be specified in the

regulations or order;

(g) for the licensing, inspection and regulation of

aerodromes, for access to aircraft factories for the

purpose of inspecting work therein carried on in

relation to aircraft or parts thereof and for prohibiting

or regulating the use of unlicensed aerodromes;

(h) for prohibiting persons from engaging in, or being

employed in or in connection with, air navigation in

such capacities as may be specified in the regulations

or order except in accordance with provisions in that

behalf contained in the regulations or order, and for the

licensing of those employed at aerodromes in the

inspection or supervision of aircraft;

(i)

as to the conditions under which, and in particular the

aerodromes to or from which, aircraft entering or

leaving Malta may fly, and as to the conditions under

which aircraft may fly from one part of Malta to

another;

(j)

as to the conditions under which passengers and goods

may be carried by air and under which aircraft may be

used for other commercial, industrial or gainful

purposes, and for prohibiting the carriage by air of

goods of such classes as may be specified in the

regulations or order;

(k) for minimizing or preventing interference with the use

or effectiveness of apparatus used in connection with

air navigation, and for prohibiting or regulating the use

of such apparatus as aforesaid and the display of signs

and lights liable to endanger aircraft;

(l)

generally for securing the safety, efficiency and

regularity of air navigation and the safety of aircraft

and of persons and property carried therein, for

preventing aircraft endangering other persons and

property and, in particular, for the detention of aircraft

for any of the purposes specified in this paragraph;

(m) for requiring persons engaged in, or employed in or in

connection with, air navigation to supply meteorogical

information for the purpose of air navigation;

(n) for regulating the making of signals and other

communications by or to aircraft and persons carried

therein;

(o) for establishing any ensign, and for regulating the use

of any ensign already established whether by the

regulations or order or otherwise, for purposes

connected with air navigation;

(p) for prohibiting aircraft from flying over such areas in

Malta as may be specified in the regulations or order;

(q) as to the manner and conditions of the issue,

validation, renewal, extension or variation of any

certificate, licence or other document required by the

regulations or order (including the examinations and

tests to be undergone), and as to the form, custody,

production, cancellation, suspension, endorsement and

surrender of any such document;

(r) for regulating the charges that may be made for the use

of aerodromes and for services provided at such

aerodromes;

(s) for prescribing the fees to be paid in respect of the

issue, validation, renewal, extension or variation of

any certificate, licence or other document or the

undergoing of any examination or test required by the

regulations or order and in respect of any other matters

in respect of which it appears to the Minister to be

expedient for the purpose of the regulations or order to

charge fees;

(t)

for exempting from the provisions of the regulations or

order or any of them any aircraft or persons or classes

of aircraft or persons.

(5) Regulations or orders under sub-article (4) may, for the

purpose of securing compliance with the provisions thereof,

provide for the imposition of penalties not exceeding a fine (multa)

of one hundred thousand euro (€100,000) or a penalty of more than

one thousand and five hundred euro (€1,500) for each day that the

offence persists and imprisonment for a term nod exceeding six

months, and, in the case of any provision having effect by virtue of

sub-article (4)(l), may also for that purpose provide for the taking

of such steps (including firing on aircraft) as may be specified in

the regulations or order.

(6) Regulations or orders under this article may, for the purpose

of the proper implementation and enforcement thereof, provide for

the granting of the power to the Authority to enter and search any

premises, to have access to any relevant document in any form, to

require any person to supply any relevant information, to carry an

on-site inspection, to issue an order to any person to cease from

doing any thing which constitutes an infringement of this Act or of

any regulation or order made thereunder and to demand from any

person an undertaking to desist from doing any such thing and to

publish any such undertaking and any decision of the Authority

related to the said regulations or orders.

(7) Generally, the Minister may also make regulations

providing for the discipline of the employees of the Authority or of

the contractor, whether regular or casual, and the procedures to be

fol lo wed f or su ch pu rp ose, i ncl ud in g t he app oi nt me nt of a

disciplinary board and the conduct and procedure thereof, and

providing for the punishments that may be awarded by such board.

(8) Regulations, rules and orders made under any of the

provisions of this Act may be made in the English language only.

Without prejudice to any provision of this Act granting the

Minister the power to make regulations, the Minister may, subject to

the provisions of the Exclusive Economic Zone Act, from time to

time, make, amend, substitute or repeal regulations for the purpose of

regulating, prescribing or otherwise providing for any matters

regulated by or under this Act or by or under any subsidiary legislation

made thereunder, in respect of an exclusive economic zone area, safety

zone or an environment protection area as defined in the Exclusive

Economic Zone Act or any activities therein including, but not

limited, to the applicability or otherwise of this Act and, or of any

subsidiary legislation made thereunder.

Without prejudice to any other special provision of this

Act, the Minister may, after consultation with the Authority, make

regulations prescribing penalties for criminal offences against any

regulations made under this Act, and such regulations may

(a) prescribe imprisonment and different fines (multi) for

different offences;

(b) prescribe fines (multi) calculated in accordance with

the duration of the commission of the offence

Provided that any such regulations as may be made

shall not provide for

(i) imprisonment for more than eighteen months, or

a fine (multa) of more than one hundred

thousand euro (€100,000); or

(ii) one thousand and five hundred euro (€1,500)

each day during which the offence persists.

Regulations or orders made under this Act may make

different provisions with respect to different classes of aircraft,

aerodromes, ports, ships, boats, yachts, persons or property

connected thereto or with respect to different circumstances and

with respect to different parts of Malta.

(1) The Authority may refuse to grant or renew a licence

or authorisation or, at any time, suspend a licence or authorisation

for a specified period or revoke it.

(2) The Authority may refuse to grant a licence or authorisation

if it is satisfied, on reasonable grounds, that -

(a) the applicant has supplied information in or in

connection with the application for the licence or

authorisation that was false or misleading, or

(b) the applicant has contravened any provision of this Act

or of any other Act regulating road transport and

traffic or regulations thereunder.

(3) The Authority may refuse to renew a licence or

authorisation 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 or

authorisation that was false or misleading, or

(b) has contravened any provision of this Act or of any

other Act regulating road 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 a public passenger transport service contract is

awarded to a person or persons on an exclusive basis, any motor

route bus licence other than that of the person to whom the contract

is awarded or any subcontractors thereof known and approved by

the Authority shall be withdrawn as from such date as the Minister

responsible for transport may prescribe.

(5) Where the Authority is satisfied that a licensee has been

guilty of misconduct in the course of providing a service or has

c o n t r a v e n e d a n y p r o v i s i o n o f t h i s A c t o r o f a n y o t h e r A ct

regulating transport and traffic or regulations thereunder, it may

suspend the licence or authorisation for a specified period or

revoke the licence or authorisation.

(6) Where the Authority proposes to refuse to grant or renew a

licence or authorisation, or to suspend or revoke a licence or

authorisation, 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 fourteen days after

the said notification.

(7)

If

the

Authority,

having

considered

any

such

representations, decides to refuse to grant or renew a licence or

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

o r li c e n s e e o f t he d e c i s i on an d t h e g r ou n d l e a d in g to su c h

suspension or revocation and of the procedure for appealing against

it.

(1) Unless stated otherwise at law, the Authority shall

have the power to impose in respect of any person who infringes

any provisions of this Act, of any regulations made thereunder, or

of those provisions of the Utilities and Services (Regulation of

Certain Works) Act which the Authority is empowered to enforce

or who fails to comply with any directive, decision or order

however so described given by the Authority, an administrative

penalty using such procedures as may be established in this Act or

regulations made thereunder.

(2) An administrative fine imposed under sub-article (1) shall

not exceed one hundred thousand euro (€100,000) for each

contravention or one thousand five hundred euro (€1,500) for each

day of non-compliance, from the date of the decision of the

Authority.

The Minister may exempt from the provisions of this Act

or any regulations, directive or order made thereunder, or from any

of them, any aircraft or ship, boat or yacht or persons or classes of

aircraft, ship, boat or yacht or persons.

* (1) Any order, rule, regulation, bye-law, notice or other

instrument having the force of law made under the authority of any

of the provisions of the enactments listed in the Second Schedule

shall continue in force and shall continue to have effect as if made

under this Act and may be amended, substituted or revoked

accordingly.

(2) Any licence, permission, authority or order granted or made

under any of the provisions of the enactments listed in the Second

Schedule and still in force immediately before the date of coming

into force of this Act shall as from such date continue in force as if

it were a licence, permission, authority or order granted or made

under a corresponding provision of this Act, and any such licence,

permission, authority or order as aforesaid shall be treated and

dealt with accordingly.

The members, officers and employees of the Authority in

the performance of their functions under this Act or under any other

law administered by the Authority, shall not be liable for any loss

or damage suffered by any person by reason of anything done or

omitted to be done in good faith in the course of the administration

of this Act or of any other law.

*the original subarticles (1), (2) and (3) have been omitted under the Statute Law

Revision Act, 1980. The original article 51 (see Legal Notice 230 of 2010) and the

original articles 52 and 53 have likewise been omitted.

AUTHORITY FOR TRANSPORT IN MALTA

AUTHORITY FOR TRANSPORT IN MALTA