161 tal-1990

L.N. 161 of 1990

PUBLJCTRANSPO RT AUTHORITY ACT, 1989

(ACT NO. lX 010' 1989)

CO DE 010' POLICE LAWS

(CAP. 10)

Code of l'oIke t... .... (Amendment) Order , 1990

IN exe rcise o f the powers ronferre4 by section 28 of the Public

T ransport Authority Act, 1989. the Pri me Minister has made the

following o rder:-

This o rde r may be cited as the Code o f Police Laws

( Amendmen t) Order, 1990, and the amendments affected thereby shall

be read and construed asone with the Codeof Police Laws, hereinafter cap. 11)

referred to as - the Code".

Section 2 of the Code shall be amende4 as foUows:-

(a) after the defi nition of Mprivy M the re shall be inserted the

following

"the upression ~ pub lic transport" has the sa me meaning

given to it in section 2 of the Pu blic Tra nsport Autho rity Act, Act No. IX

1989;";

(b) after Ihe new de finition of Mpublic transport" th ere shall

be inserted the fo llowin g

"the expression "Pub lic Tra nsport Authority" means the

Public Tra nsport Authori ty established by section 3 o f the

Public Transport A ut hori lyAct, 1989;"; and

(c) after the new definit ion of MPu blic Transport Authori ty"

the re shall be inserted the fo llowing

-the e:.:pression "public transport vehkle" has the same

meaning gi ve n to it in section 2 o f the Public T ransport

Au thority Act, 1989;".

For section 49 of the Code there sha ll be subst ituted the

fo llowing:-

"49. (1) It is prohibi ted to let o n hire any ve hicLe for the

conveyance of persons without a licence fro m the Public T ransport

Authority.

(2) It is prohibited to let on hire any vehicLe for the carriage

of goods or to kee p a cart for private use wit hout a licence from the

Co mmissioner of Police.".

For section 50 of the Code there shall be substituted the

fo llowing:-

~50.

TIle licence men tioned in subsection (1) of seClion 49 of

this Code in respect of a veh icle for hire shall 110t be granted un less

the Public Transpon Authority is satisfied that the vchicle is fit for

public use, and provided with such fittings. accessories and brake as,

in the opinion o f the Public Transpon Authori ty may be ncc:cssary for

the safely and conve nience of ~ngel"!i. ~.

In section SI o f the Code immediately afte r the W()rd$ Why the

Commissione r of PoI.ice- there shall be insened the words -or by the

Public T ransport Authority, as the case may be" . and for the wo rds -the

o,mmissione r of Police shall determine. - there shall be substit uted lhe

words -the Commissioner of Polia: or the Public Tra nspon Authority.

as the case may be, shall detennine. -.

For section 53 of the Code the re shall be substituted the

following:-

"53. Every vehide for hire Shall be oonslructed in accordonce

with a design approved by the Commissioner o f Police or, in the cue of

public transport vehicles. by the Public TranSJXlrt Authority ....

For section 57 of the Code there sha ll be substituted the

fOllowing:-

"57. (1 ) It shall not be lawful to let for hire any vehicle in tended

for public transport unless it is provided with a brake approved by the

Publ ic Transport Authority.

(2) It shall not be lawful to let for hire any fo ur-wheeled

vehicle other than a public transport vehicle. or any cart used for the

carriage of goods unles,<; it is provided with a brak e approved by the

Commissioner of Pol ice. M.

For section 58 of the Code the re shall be subst it uted the

following:-

"58. ( I) It sha ll not be lawful 10 make use , in any ve hicle for hire

which is used for public transport , o f any fillings , 3C«SSOries , brake,

lamps or harness declared by the Public Transport Authority to be unfit

for public use.

(2) I1 shall nOl be lawful to make use . in onyothet vehicle for

hire. of any fittings. accessories. brake, lampsorhamcssdecla red by lhe

Commissione r of Police 10 be unlil for public use.".

In section 61 of the Code. for the wo rds ··thereon to the

Commissione r of Police, and such report" there shall be substituted the

words "Ihereon to the Commiuionerof Police, and in the caseor public

Itallsport vehicles 10 the Pu blic Transport Authority. and such report

M •

In sect ion 63 of the Code, forthe wo rds "of the Commissioller

of Police." there shall be substituted the word s "of the Commissione r of

Pol ice or of the Public Transport A uthority. as the case may be ....

In seccion 65 of che Code, for the words "part-owner of the

vehicle." there shall be substituted the words "part·owner of the

vehicle:", and immediately thereafter there shall be inserted the

following proviso:-

"Provided Ihat in the case of public transport vehicles the said

notice shall be given, and the :said licence shall be produced, 10 the

Pu blic Transport Authority.".

In section 66 of the Code, for the words "assigned by the

Police and paincedon" there shall besubstituted the words "assigned by

the Police or by the Publ ic Transport Authority and afrued by meansof

a plate on".

For section 67 of the Code, there shall be substituted the

SubobMa

following:-

"67. When ever the Police or the Public Transport Authority, as

the case may be, may deem it expedient to change the number of a

vehicle, notice shall be given to the person to whom the licence relative

to such vehicl e shall have been granted; such person shall , within seven

days after such notice, produce the licence to the Police or to the Public

Transport Authority, as che case may be, who shall assign another

number plate and ente r on the licence a note of such change. Such

person shall affix on the vehicle the new number plate in the same

manne r as the original number plate was affued, or in such manner as

the Police or the Public Transport Authority, as the case may be, may

direct.".

In section 69 of the Code, for the words "not having such

licence." there shall be substituted the words "not having such licence

W ,

and immediately the reafter there shall be inserted the fo llowing

proviso:-

"Provided that in the case of a public transport vehicl e which is nO!

a self-drive car or a bicycle, such licence shall be exclusively issued by

the Public Transport Authority. ".

IS. In section 70 of the Code, for the words "ofthe Commissioner

of Police, are fit" there shall be substituted the words "of the

Commissione r o f Police or of the Public Transport Authority, as the

case may be, are fit".

Section 73 of the Code shall be amended as follows:-

(a) in the Maltese text thereof, for the word "midalja"

wherever it occurs there shall be substituted the word "badge"; and

(b) immediately after subsection (5) thereof there shall be

inserted the following new subsection:-

"(6) In the case of a driver of a public transport vehicle, the

said badge shall be given by the Public Transport Authorityon payment

of a fee to be established by the same Authority, and the functions

and POWCr1 given under this section 10 the CommIssioner 01 Police

shall be exercised mutoris mUllmdis by the same Public Transport

Authority as regards such badge.~.

Section n o f lite Code shall be ame nded as follow5:-

(a> in subsection ( I> thereof, fOTlhe words " by the Police, on

payment" the re shall be substituted the words kby the Pu blic

k

Transport Au thority, on payment and

;

(b) in subsection (2) the reof, for the words "The

Commissioner of Police may dircct~ there shall be substituted the

words M'The Public T ransport Authority may direet M•

For subsection (I) o f section 82 of the Code the re shall be

substilllt ed the fo llowi og: -

M(I ) Where the vchk:le is intended for public transport , th e

driver shall be decently dressed 10 the satisfaction of the Public

Transport Authority.

M.

Ij, In subsection (1) of section SS o f the Code. for the words Mof

the Po[ice ~ wherever they occu r there shall be substituted the words -of

th e Public Transpon Au thority-.

FIS-subanikolu (1 ) ta' ]-anikolu 8S ta!- Kodia, minOok it·

kliem Mlal_ Pulizija ~ kull fein jokkorru gl'la nd hom jidlllu l-kliem ~ Ia' 1-

Awtorill dwar il-Trasport Pubbliku ~.

[n section 86 of the CQde, for the words -by the Po[ice- th ere

shall be substituted the words "by the Public Tran spon Authority-.

21 . In section 87 of the Code, for the words Mby the Potice~ there

shall be substituted the words "by the Public Transpon Authority ~.

In section 900f the Code, for the words - for the Police-there

shall be substituted the words -for the Public Transpon Authori ty-,

Section 91 of the CQde shall be amended as follows: -

(a ) for subsecl:ion ( I) thereof the re shall be SubslilUled Ihe

following

-(I) It shall be lawful for the Public Transpon Autborily 10

suspend, fo r any period oot exceeding one month , the licence of any

driver who, in the exercise of his ca lling, shall infringe any of the

provisions of this Part.

(2) It shall be lawful for the Commissioner of Police to

suspe nd , for any period nOI exce.:ding one month , the licence of any

driver who, in Ihe exercise of his calling, shall infringe any regulation

relating 10 vehicular traffic, or in any way disobey any lawful orde r of

the Police, o r who is proved 10 be a habitual drunkard,

(3) Whe re a licence has been suspended al:cording 10

subsection (I) or (2) oflhis section, il shall not be lawful for the Police,

in resp«t of tile same contravention, to proceed against such driver

under the provisions of section 3 [9,"; and

(b) subsection (2) thereof shall be renumbered as subsection

(4) and for the words therein "for the Commissioner of Police to

orde r" the re shall be substituted the words ~ for the Public

Transport Aut hori ty or the Commissioner of Police, as the case

may be. to o rder" ,

24,

Section 93 of the Code shall be amended as follows:-

(a) in subsection (1) thereof. for the words "vehicles o f all

kinds, other than those" there shall be substituted the words

Mvehicles of all kinds , other than in respect of public transport

vehicles and in respect of those vehicles"; and

(b) in subsection (2) thereof. for the word "vehicles," there

sllall be substituted the words "vehicles, other than in respect of

public transport vellicles in regard of wllich the tariff of fares may

be prescribed by regulations made by the Public T ransport

Authority.~.

Section 270 of the Code shall be amended as foHows:-

(a) in subsection (\) thereof for the words "from the

Commissioner of Police~ there shaH be inserted the words "from

the Public Transport Authority"; and

(b) for subsection (4) thereof there shall be substituted the

following:-

"(4) It sha ll be lawful for the Pub lic Transport Authority.

even after the grant of a lice nce, to require the owner. at intervals of not

less than four months. to produce a fresh certificate as provided in

subsection (2) of this section in order to ascertain that the boat cont inues

to be, as regards its solidity, fit for the service intended.".

26, In section 273 of the Code. in subsection (2) the reof, for the

words "The Commissioner of Police shall , on request," there shall be

substituted the words "The Public Transport Authority shaH. on

req uest;'.

27, In section 277 of the Code for the words "by the

Commissioner of Police" there shaH be substituted the words "by the

Public T ransport Authority~ .

A-arti kol u 2n tal-Koditi minnok il-kliem "mill-

Kummissarju lal-Pulizija" ghandhom jidhlu I-kliem Mmill_AwtoritA

dwar it-Trasporl Pubbliku".

28, A· artikolu 280 ta!·Koditi. fis·subarl iko lu (I) tiegllu. minnok

il-Idiem Mmill_Kum missarj u lal-Pulizija" ghandhom jidhlu il·k liem

"mill-Awlorilll dwar it-Trasport Pubbliku".

In section 28U of the Code. in subsection (1) thereof, for the

words "from the Commissioner of Police" there shall be subst ituted the

words "from the Public Transport Authority" .

Section 284 of the Code shall be amended as follows: -

(a) in subsection (3) thereof. for the words "It shall be lawful

for the Commissioner o f Police to suspend" there shall be

substituted the words "It shall be lawful for the Commissioner of

Police. or. in the case of passage boats, the Public Transport

Authority. to suspe nd" ; and

(b) in subsection (4) thereof, for the words from "Where a

licencc- 10 the wo rds - the saKI Commissioner 10 order~ there shall

be sub!ititut ed the words - Where a licence has been suspended by

order of the Commissioner of Police or of the Public Transport

Authority, o r has been liuspc nded or cancelled in vi rt ue o f

judgm ent unde r the provisions of 5eCtion 320, it shall be lawful for

the Commissioner of Police or the Public Transport Authority , as

the case: may bc, 10 order-.

In section 290 of the Code, in subsection ( 1) thereof, after the

words -by the Commissioner of Police" there shall be added the words

~ in the case o f a tug , and by the Public T ransport Authority in the case of

a passenger ooal-.

3 1. In section 298 o f the Code, after the words " lodged with the

Commiss ioner of Poli ce" there shall be added the wo rds "when

referring \0 tugs , and with the Public Transport Autbority when

referring to passenger boots. ~ , and after the wonts ~to the satisfaction of

the Commissioner o f Po lice" there shall be added tne words "or of the

Pu blic Transport AulllOri ly, as the case may be".

A -an ikolu 298 lal-Kodiei, wara l-klie m -ridein il·

Kummissarju tal· Pulizija~ ghandhom jiidiedu il·kliem -meta ji fTef~ru

ghal dghajjcs la' I-irmonk , u f idejn I-Awlorit~ dwar il-Trasport

PubDl iku mela jifTcferu ghal dgb ajjes tal-passiggie ri .~. u wara I-kliem

-ghas-sodisfazzjon lal-KummiMarju tal· Pul izija ~ ghandhom jiidiedu il·

kliem ~j~w la ' I-AwlorilA dwar il-Trasport Pubbliku, skond il- ka1~ _

In section 301 of the Code. afler the words "from the

Commissioner of Police ~ there shall be added the words ~or. in respect

of passe nger boats. from the PublicTransport Authori ty".

D . In section 308 of the Code. afte r the words "of the

Commissioner of Po lice" there shall be added the words "or of the

Public Transport Autho ri ty, as the case may be".

Pulizija ~ ghandhom jitdiedu il-ktiem -Jew la' I-Awto rilll dwar il-

T raspon PubDliku, skond i l- ka1~ _

34, A-inlerp retazzjoni ta' dan l-o rdni, ghandho m jitqiesu wkoll

id-tiispomjoniji et tal-proviso li jinsub mas-subartiko lu (2) la' l-artikolu

28 ta' I-Aula' 1-1989 dwar Awtori tll dwar it-Trasport Pubbliku,

In the interpretation of Ihis order, regard shal l aJso be had to

the provisions of the provi50 to suhscction (2) of section 28 of the Public

Transpon Authority Ac1 . I989.

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