144 tal-1991 (minibusuunscheduled)

TRAt' n e REGULATION O RDINANCE (CAP. 65)

PUBLIC TRANSPO RT AUTHORITV ACT, 1989

(ACT NO. IX m' 1989)

Public: TlllR!ipoO (Scheduled, Tourist, Minibus and Unxhtduitd

Tr'lUport Suvke:s) Rqul.tions, 1991

IN uercise of the powers confe rred by section 17 o f the T raffic

Regulation O rdinance and by section 7:1 of the Public T ransport

Authority Act, 1989. the Co mmissione r of Police. with the advice of

the Traffic Control Board, and the Chairman o f the Public Transport

Authority , with the consent o f the Ministe r for Developlmnt o f

Infrastructure, have made the following regulat ions:-

I. These Regulations may be ciled as the Public Transport

(Scheduled, Tourist. Minibus and Unsched uled Transport Services)

Regulations. 1991.

In these regulations. un less the context OIhcrwisc requires -

Mmotor omn ibus- means any mOlOr vehicle which is licensed

andlor registered 10 carry more than fourteen persons, e xcluding

the driver;

- motor min ibus" means any motor ve hicle, not being a motor

omn ibus, which is licensed andlor registered to carry from ten to

founee n persons, exclud in g the driver , used for the conveyance

of passengers;

- parastata l body" mea ns any body established by any law and

includes a partnership or ot he r body in which the Governme nt of

Malta or any such body as aforesaid have a controlling inte rest or

over wh ich the y h a~ effective control.

(I) There shall be constituted -

(11) a Central Office for Scheduled Bus Se rvices which shall

be, in add ition to the duties contempl ated in regu lation 7

he reunder, in charge of th e distribu tion and allocation of all

scheduled services;

(b) a Central Office for Unsched ul ed Bus Services which

shaH be. in addition to th e duties con templated in regulation 7

here.unde r, in charge of the distribution and allocation of.n touriSt

sel"VlCes;

(c) a Ce ntral Offi ce for Minibus Se rvices which shall be,

subject to the provisions o f regul ation 7 hereunder, in charge of

the d istribution and allocation of unscheduled services by moto r

mi ni buses registe red with the said Central Office.

(2) Each Cell"a1 Office shall keep a register of its members

and motor omnibuses or motor minibuses and enter therein the

following particulars

(a) the names, addresses a nd identification lag number of

each member and of ea<:h person in the said member's

employment ;

(b) the dalc:oII which each person was entered in the regisu:r

as a member , and the dale of commencement of employment of

each employee;

(c) the date on which any person ceased to be a member,

and the dale of termination of employmenl of each employee;

(d ) the regist ration number, chaSllis number and year of

manufacture of any motor omnibus or motor minibus owned by

each member;

(e) details of any trading licences in respect of any motor

omnibus or motor minibus owned by each me mber.

(3) The Public Transport Authority shall have the power to

i\lspcct the Register o f Members ard to cont rol the activilies of the

said Central Offices.

(4) The Public Transport AUlhority andlor anypublicoffi~r

aUlborised by the Minisler responsible for tourism shall have the power

to inspect and to check the.activities of each of the said Central Offices

in re lation 10 any tourist Iran sport services.

(S) The day to day administration of each Central Office

and the relati ve tlIpendilUre shall be at the charge of the respective

members o f each Central Office.

(6) No licensee o f Iny malar omnibus aOlhorised to operate

in any category of transport service shall do 50 except through the

Central Office with which such licensee is registered as a member.

(1) Each licensee of a motor om nibus authorised 10 operate

any scheduled transpon !;trvice shall do 50 in accordance with a roster

prepared by the Central Office for Scheduled Bus Services.

(2) Without prejudice to the provisions of regulation 119 of

the Motor Vehicles Regulations, 1948. it sha ll be the duty of the said

Central Office 10 prepare (subject to the approval of the Public

Transport Authority) the roster of the mOtor omnibuses performing

scheduled services on the various routes ; the !ioiIid roster is to be

distributed among all members and affixed in a conspicuous place

inside the said Office.

(3) The licensee o f every motor omnibus performing

scheduled lranspon service shall purchase at face value his ticket

requirements from the said Central Office.

(4) The said Central Office shall every fiftun days distribute

among the various licensc:c:s the share due to them from the sale of

tickets and other income, afte r deducting therefrom the eJlpenscs

incu rred in the runnin g of the said Central Office and adding thereto

any amounts in respect of any discip linary penal ties levied.

(5) The dist ribution referred to in paragrtlph (4) of this

regula tion shall be made: in the proportion of the number of days

worked andlor the number of trips performed by each motor omnibus

and of Ihe number of seats allowed on each motor omnibus.

(6) The said Central Office may levy appropriate

disciplinary penalties, to be approved by the Public Transport

Authorit y for the prope r administ ration and runn ing of the service.

The said Central Office may deduct any such disciplinary penalties

from Ihe paymenl due to each licensee.

(7) Where a motor omnibus, licenscd 10 be used on any

scheduled and unscheduled transport service. is nOI requi red on any

particular day to perfurm any scheduled service in acoordance with a

rOSIe r prepared and approved unde r paragraph (2) of this regulation,

the licensee of such motor omnibus may cause, allow or pe rmit the

said motor omnibus to ope rate any unscheduled transport service,

excluding tourist transport services, provided that no li censee of any

such motor omnibus shall do so except through the Cent ral Office for

Scheduled Bus Services in acoordance with the provisions of regulation

7 hereunde:r.

(1) No person may hire or engage the se rvices of any motor Tourist

omnibus for th e perform ance of tourist transport services except .. mo...

through th e Central OffICe for Unscheduled Bus Services constituted

unde r regulation 3 ( I) (b) of these regulations, and any payment due

in respect of any tourist transport servK:c pe rfonned by a mOlor

omnibus shall be paid by the person requiring such service direct to

the said Central Office in acoordance with a tariff of fares approved

by the Public Transport Authority.

(2) It shall be the dutyofthe Central Office for Unscheduled

Bus Servien to allocate tourist transport services on a roster system

only among such category of motor omnibuses wh ich are registe red

with the said Central Office and which are licensed to be used on

tourist transport scrvice in terms of the Police Lice nces Regulations G.N. IWI

1949, so as to ensu re a fair di stribution of the gross takings derived of 19019.

therefrom among such category of motor omnibuses.

(3) In Ihe event that the motor omnibuses mentioned in the

immediatc:1y preceding paragraph shall nOl be sufficient in numbe r 10

serve all tourist Iransport servi«s which may be requ ired on any

particular day, Ihe Ce ntral Office for Unscheduled Bus Services may,

through any of the ot her Central Offices, hire or engage the services

of any motor omnibus or mOlor minibus for the performance of any

louri5t transport service, provided that such motor om nibus or motor

minibus shall be licensed to be used on tourist transport services in

term s of the Police Licences Regulations, 1949.

(4) In the case mentioned in the immediately preceding

paragraph . any payme nt due in respect of such tourist transpon services

shall be paid by tb e person requiring sucb service directly to tbe Centra l

Office for Unschedul ed Bus Services.

(I) Any person requiring the services of any motor minibus

for the performance of any unscheduled or tourist transpon se rvice.

may do 50 directly through the licensed operator of the said motor

minibus, provided that the said minibus is licensed to be used on the

sa id tourist o r unscheduled se rvice, as tbe case may be. in te rms o f

the Pol ice licences Regulations 1949.

(2) 1lie Public Transport Authority shalt keep a registe r of

all licensed ope rators of motor minibuses. ente ring therein all the

paniculan mentioned in regulation 3(2) of these regulations.

(I) Wi thout prej udice to the provisions of regulation 6 (I)

of these regula tions, any person requiring the services of any mo tor

omnibus or motor minibu s. for the perfonnanee of any unscheduled

tra nsport se rvice, excl uding any toun st transpon service , shal l hire o r

engage such se rvice directly through such Central Office. constituted

under regulation 3 of these rcgulations. with which the said mOlOr

omnibus o r motor minibus is registered.

(2) It shall be the duty of each Central Office to alklcate.

among its me mbel'5.on a roste r s)'Stem. unscheduled transport services.

in each of the categories as may be prescribed by the Public Transpon

Authority, only to such numbe r o f motor omnibuses or motor

minibuses , as the case may be, Which are registe red \\;th the said

Central Office and lice nsed to be used on unscheduled transport

services in tenns of the Police Licences Regulations 1949. 50 as to

ensure a faird istributiOll of the gross takings derived therefrom keeping

in v)cw the faci lities provided b~ the motor omnibuses or motor

minibuses as the case may be in each category.

(I ) Eaeh one of the three Central Offices sha ll distribute

among the vario us licensees the share due to them out of the payments

paid to each such office in respect of unscheduled transport or tourist

tran sport service as the case may be, after ded ucting from the total

takings the e~penses incurred in th e running of the said Office in

respect of the said services and adding thereto any amount in resp«1

of the disciplinary penalties levi ed.

B '"

(2) The di st ribut io n referred to in paragraph (\) o f this

regu lat ion shall be made in proportio n to the se rvice performed by

each mutor omn ibus, or motor mini bus as the case may be , includin g

the frequency. sca ting ca pacity and le ngth and duratio n of journeys

performed .

(3) The said Ce ntral O ffices may Icvy approp ri ate

disciplinary ptnal! ies to be approved by the Public Transport A utho ri ty

for the: proper admin istration and running of the service. Each Central

orrICe may deduct any such disciplinary penalties from the payment

due 10 c&c:h licensee.

(4) The: run ning and maintenance upenses in respect of

each mOlor omn ibus o r molor minibus as the: case may be shall be

borne by the rela tive licensee.

( I) Notwi th standing the precedin g prov iSions of these

regu lations. transport o f all Government school chi ld ren shall hot

ope rated in aeoordance with the provisio ns of tllis regulation.

(2 ) Wllen tile Direclor of Educa tion (hencefortll in this

regulation to be called the " Director"), makes provision tllat cert ain

routes for tile transport o f Governmen t :school childre n be serviced by

motor om nibuses belonging 10 licensees of a motor omnibus a uthorised

to operate in any category o f tourist transport service, such routes sllall

be allocated !O be serviced cx.cl usively by motor omnibuses licensed

for tourist transport services by the Cen tral Office for Unscheduled

Bus Se rvices.

(3) When the Director mH kes provision tha t certain routes

for the lrallSport of Government schOOl children be serviced by motor

om ni buses belonging to the lice nsees of an o mnibus a uthorise d to

operate scheduled transport servkes, such routes sha ll be a llocated to

be serviced exclusively by omnibuses lice nsed fo r scheduled transport

services which on the pa rticular day lire not de tailed for work o n roste r

by Ihe Central Office for Scheduled Bus Services.

(4) When the Director makes provision tha t ce rtai n rou les

fo r th e transport of Government school chi ld ren be serviced by motor

minibu~es belonging to licensee.~ nf a minibus authorised to ope rate

unscheduled transport services by molor minibu!ieS such rou tes shall

be allocated to be serviced exclusi"ely b)' minibuses licensed for

unscheduled tra nsport services. by the Central OffICe for Min ibus

Services or by the Cent ral Office for Unscheduled Bus Services as the

case may be .

(5) When any route SO assigned to be se rviced by a particular

Office is not so se rviced. the Director ntay have the said route assigned

to another Office.

B""

(6) The provllllons of Ih is regulat ion shall apply, mu /a /is

m uumdiJ , in the case of any transport services organised by any

Govern mental department o r paraslalal body.

---

The MOlor Omnibu5es(Sc heduled and Unscheduled Service)

I..N. H

Regulations. 1978 arc hereby being repealed .

"" 1971.

_c_

o.,.,,,,.oa ""1</0 .

Ippubblig. mid-o;pO_ .. · l- l ~_KooI~jo _ "" U · " ~&, . .

o...mu- ~ p,...

Mj.t>.o&Jl n . l~ <»(;V< •• - "",,1<4_,,