146 tal-2003 - Regolamenti dwar il-Ġarr Stradali ta’ Merkanzija b’Vetturi bil-Mutur

L.N. 146 of 2003

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

REGULATIONS, 2003

PART I

PRELIMINARY

Regulation

1. Title.

2. Interpretation.

Part 1 – Haulier trading as sole trader/partnership – Accountant’s Report

Part 2 – Haulier trading as a limited liability

company – Accountant’s Report

Part 1 – Certificate of professional competence

Part 2 – List of subjects referred to in Regulation 10

Organisation of the examination

Inconsistencies with L.N. 128 of 1994.

Minimum training necessary for the award of a certificate of professional

competence for international drivers under the age of 21

Cap 377.

PART II

ADMISSION TO THE OCCUPATION OF ROAD

HAULAGE OPERATOR

5. Authorisation.

6. Exemptions.

Types of carriage to be exempted from authorisation

Categories of transport exempted from permit

requirements under the ECMT

Authorisations for the international carriage

of goods by road for hire or reward

The “green” lorry scheme

The “greener and safe” lorry scheme

The “EUR03 safe” lorry scheme

Requirements to engage in the occupation of road haulage operator.

Cabotage authorisation for the national carriage of goods

By road in Malta performed by a non-resident haulier (cabotage)

Good repute criterion.

Book of record sheets for national cabotage transport operations

carried out under cabotage authorisation

Appropriate financial standing.

Driver attestation for the international carriage of goods by road for

hire or reward under a Community Authorisation

L.N. 146 of 2003

TRAFFIC REGULATIONS

ORDINANCE

(CAP.65)

Motor Vehicles (Carriage of Goods by Road) Regulations

In exercise of the powers conferred by article 54 of the Traffic

Regulation Ordinance (Cap. 65), the Minister for Transport and

Communications in consultation with the Malta Transport Authority,

has made the following regulations>

Part I

PRELIMINARY

1. (1) The title of these regulations shall be The Motor Vehicles Title

(Carriage of Goods by Road) Regulations, 2003.

(2) These regulations shall come into force on such a date

as the Minister responsible for transport may by notice in the Gazette

appoint, and different dates may be appointed for different provisions

and different purposes of these regulations.

In these regulations, unless the context otherwise requires>

2. Interpretation

“agreement” means an agreement between groups of states,

to which Malta is a party, reciprocally granting to citizens of such

states or their dependants the right to enter, remain and reside in

and leave the country of such state, to move freely within such

states for such period as may be established in the agreement and

to work or establish, provide or receive services therein< and

‘Agreement State’ and ‘citizen of an Agreement State’ shall be

construed accordingly< and where a state is a party to such an

agreement, subject to modifications and adaptations, a citizen of

an Agreement State shall be subject to such modifications or

adaptations as may be prescribed<

“authorisation” means any permission given by a recognised

competent authority entitling the holder to carry out road haulage

operations<

“authorised inspecting officer” means an officer appointed

by the Authority to carry out inspections under these regulations,

an officer of the Customs Department, or a Police Officer<

“Authority” means the Malta Transport Authority as

established by the Malta Transport Authority Act<

“cabotage” means the carrying out of national road haulage

services on a temporary basis (as may be defined by the Minister

by notice in the Gazette), by a non-resident haulier within the

territory of a country other than that in which he is resident or

registered to carry out such operations<

“carriage by road” means any journey made on the public

highway of a vehicle used for the carriage of goods, whether laden

or not<

“combined transport” means the transport of goods between

Agreement States where the vehicle uses the public highway on

the initial or final leg of the journey and, on the other leg uses rail,

inland waterway or maritime services, or a combination of two or

more modes of transport, where these portions of the journey

exceed 100 km in a straight line, and the vehicle makes the initial

or final leg of the journey on the public highway within a radius

not exceeding 150 km in a straight line from the inland waterway

port or seaport of loading or unloading<

“Community authorisation” means an authorisation obtained

by an undertaking established in a Agreement State from the

competent authority in that State, or an authorisation issued by the

Authority permitting the holder to carry out haulage operations in

the Agreement States<

“Commissioner” means the Commissioner of Police<

“country of establishment” means that country in which the

non-resident haulier is established and registered<

“daily driving period” means the driving period between any

two daily rest periods or between a daily rest period and a weekly

rest period<

“driver” means any person who drives the vehicle even for a

short period, or who is carried in the vehicle in order to be available

for driving if necessary and duly licensed in accordance with the

Motor Vehicles (Driving Licences) Regulations, 2002<

“driver’s mate” means a person engaged by the haulier who

shall accompany the driver in order to assist him, excluding driving,

unless he is duly licensed to do so<

“ECMT” means the European Conference of Ministers of

Transport<

“goods vehicle” means rigid-bodied vehicles, tractors, trailers

and semi-trailers>

(a)

registered for carrying out road haulage operations in

Malta< or

(b)

registered for carrying out road haulage operations in

another country< or

(c)

a coupled combination of vehicles, the motor vehicle

of which at least is registered in the manner set out in indents (a)

and (b) above and which are used exclusively for the carriage of

goods>

Provided that for the purposes of these regulations a vehicle is

considered as a goods vehicle if it has a minimum gross vehicle

weight of 3,500 kg.

“haulier” means a person or undertaking who carries out road

haulage operations whether for profit or otherwise<

“hire or reward” means the carriage of goods other than on

own account<

“holder” means the person in whose name a carriage licence

or cabotage licence is issued<

“normal residence” means the place where a person habitually

lives, for at least 185 days in each calendar year, because of personal

and occupational ties, or, in the case of a person with no

occupational ties, because of personal ties which show close links

between that person and the place where he is living>

Provided that, the normal residence of a person whose

occupational ties are in a different place from his personal ties and

who consequently lives in turn in different places situated in two

or more Agreement States shall be regarded as being the place of

his personal ties, provided that such person returns there regularly.

This last condition need not be met where the person is living in

an Agreement State in order to carry out a task of a definite duration<

attendance at a university or school shall not imply taking up of

normal residence<

“occupation of road haulage operator” shall mean the activity

of any undertaking consisting of carriage by road for hire or reward

by means of a goods vehicle<

“own account” refers to carriage by road provided the

following conditions are fulfilled>

(a)

the goods carried are the property of the undertaking

or have been sold, bought, let out on hire or hired, produced,

extracted, processed or repaired by the undertaking<

(b)

the purpose of the journey is to carry the goods to or

from the undertaking or to move them, either inside the undertaking

or outside for its own requirements<

(c)

the motor vehicles used for such carriage are driven

by employees of the undertaking<

(d)

the vehicles carrying the goods are owned by the

undertaking or have been bought by it on deferred terms or hired,

provided that in the latter case they meet the conditions of the

regulations regulating weights, dimensions and equipment for

motor vehicles < provided further that this sub-paragraph shall not

apply to the use of a replacement vehicle during a short breakdown

of the vehicle normally used<

(e)

carriage is no more than ancillary to the overall

activities of the undertaking<

“public highway” means national, arterial, distributor, access

and local access roads as defined in the Motor Vehicles (Driving

Licences) Regulations, 2002<

“rest” means any uninterrupted period of at least one hour

during which the driver may freely dispose of his time<

“rigid bodied vehicle” means any mechanically self-propelled

vehicle circulating on the road, other than a vehicle running on

rails, and normally used for carrying goods<

“semi-trailer” means a trailer without a front axle coupled in

such a way that a substantial part of its weight and of the weight of

its load is borne by the tractor or motor vehicle<

“tractor” means any mechanically self-propelled vehicle

circulating on the road, other than a vehicle running on rails, and

specially designed to pull, push or move trailers, semi-trailers,

implements or machines<

“trailer” means any vehicle designed to be coupled to a motor

vehicle or a tractor<

“undertaking” means any natural person, any legal person,

whether profit-making or not, any association or group of persons

without legal personality, whether profit-making or not, or any

official body, whether having its own legal personality or being

dependent upon an authority having such personality<

“valid” shall be associated with any legitimate licence as

issued by the competent authority, and to mean that such a licence

is in effect and current for the period stated on the licence by virtue

of the licence holder having met and continues to meet fully the

obligations in accordance with the regulations<

“week” means the period between 00.00 hours on Monday

and 24.00 hours on the following Sunday<

3. If anything contained in these regulations which is inconsistent Inconsistencies

L.N. 128 of 1994

or in conflict with the Motor Vehicles Regulations, 1994, the present

regulations shall prevail and to the extent of these inconsistencies or

conflicts the Motor Vehicles Regulations, 1994 shall be deemed to be

null and void.

4. Any information given to the Authority in pursuance of these Cap. 377

regulations shall be covered by the Professional Secrecy Act.

Part II

ADMISSION TO THE OCCUPATION OF ROAD

HAULAGE OPERATOR

5. No person shall engage in the occupation of road haulage

operator for hire or reward unless duly authorised. The Authority shall

issue such an authorisation if it is satisfied that the applicant meets the

conditions of these regulations.

6. (a) The Authority may exempt from the application of all or

some of the provisions of regulation 7, road haulage undertakings

engaged exclusively in national transport operations having only a minor

impact on the transport market because of>

- the nature of the goods carried, or

- the short distance involved .

(b) In the event of unforeseen circumstances, the Authority

may grant a temporary exemption pending its final decision.

(2)

Road hauliers engaged in removal services, carriage

of building supplies, luggage transfer and courier services using vehicles

exclusively on national territory, the maximum authorised weights of

these vehicles being between 3.5 and 6 tonnes, shall be exempt from

authorisation.

7. (1) A person wishing to engage in the occupation of road

haulage operator as set out in these regulations, shall>

(a)

be of good repute and conduct<

(b)

be of appropriate financial standing<

(c)

satisfy the condition as to professional competence.

(2)

Where the applicant is a natural person and cannot

satisfy the requirement in paragraph (c) of subregulation (1), the

Authority may nevertheless permit that person to engage in the

occupation of a road haulage operator provided he designates to the

Authority another person who can satisfy paragraphs (a) and (c) of

subregulation (1), on condition that the latter shall continuously and

effectively manage the road haulage operation in accordance with these

regulations.

(3)

Where the application is made by an undertaking that

can satisfy the requirement in paragraph (b) of subregulation (1), the

requirements in paragraphs (a) and (c) of subregulation (1) must be

satisfied by a natural person so designated to the Authority who will

continuously and effectively manage the haulier in accordance with

these regulations.

8. (1) A person shall not be deemed to satisfy the requirement Good repute

criterion

of good repute and conduct if he>

(a)

has been convicted of serious criminal offences,

including offences of a commercial nature during the last five years,

or of a crime carrying a conviction of a term of imprisonment of,

or exceeding three months or a fine of at least two hundred Malta

liri< or of two or more crimes connected with violence<

(b)

has been found guilty during the last two years of any

crime carrying a conviction for an offence concerning the use of

any motor vehicle<

(c)

has been declared unfit to pursue the occupation of

road haulage operator under any rules in force<

(d)

has been convicted of serious, repeated offences

against rules in force concerning>

– the pay and employment conditions in the profession

or,

– road transport, in particular the rules relating to driving,

the weights and dimensions and carrying capacity of vehicles,

road or vehicle safety or damage to the environment<

(e)

has been convicted of any corresponding offence

under any law of a country or territory outside Malta>

Provided that the applicant was less than 18 years of age at

the time of such a conviction in paragraphs (a) and (b) of

subregulation (1) the periods referred to shall be respectively two

years and one year.

9. (1) Appropriate financial standing of the undertaking shall Appropriate

financial standing

consist in having available sufficient resources to ensure proper

launching and proper administration thereafter of the undertaking.

(2)

For the purposes of assessing financial standing, the

Authority shall have regard to the type of any operation and to the

following>-

(a)

the annual accounts of the undertaking, if any<

(b)

the funds available, including cash at bank, overdraft

and loan facilities<

(c)

any assets, including property, which are available to

provide full or partial security for the undertaking<

(d)

costs, including purchase cost or initial payment for

vehicles, premises, plant and equipment, and working capital.

(3)

An applicant for, or holder of an authorisation issued

under regulation 5 shall not be considered to be of appropriate financial

standing unless he has available to him capital and reserves of an amount

equal to or exceeding the aggregate of> Lm 3,600 for the first or only

vehicle which is to be authorised under the licence and, Lm 2,000 for

each additional vehicle which is to be authorised.

(4)

For the purpose of regulation 7, the Authority may

accept as evidence of financial standing confirmation or assurance given

by a bank or other suitably qualified financial establishment in the format

indicated in the First Schedule to these regulations. Such confirmation

may be given in the form of a bank guarantee, a pledge or security, or

by any other means acceptable to the Authority.

10. The conditions relating to professional competence shall be

satisfied if the applicant demonstrates that he possesses the requisite

skills by passing a written and, or oral examination, corresponding to

the level of training for either the National or International operations

as the case may be, organised by an approved body in accordance with

the syllabus in Part 2 of the Third Schedule and is the holder of a

certificate to that effect issued by that body. Such certificate, in the

format indicated in the Second Schedule to these regulations shall serve

as proof of professional competence.

11. (1) The Authority may exempt from written examination,

or part thereof, applicants who can provide proof of at least five years’

practical experience as a road haulier in a managerial position.

(2) The Authority may exempt from examination, or part

thereof, holders of certain diplomas or technical diplomas equivalent,

which provide proof of a sound knowledge of the subjects covered in the

relevant National and International syllabi. Holders of a certificate of

professional competence issued by other Agreement States may be

required by the Authority to take further tests if the subjects covered

therein do not correspond to the requirements in Malta.

(3)

Individuals or undertakings furnishing proof to the

Authority that they were authorised under Maltese rules to engage in

the profession of national and, or international road passenger transport

operator, on or before 1 January 1997, shall be deemed to satisfy the

requirements of paragraphs (b) and (c) of subregulation (1) of regulation

7. The requirement of paragraph (a) of subregulation (1) of regulation 7

shall be met by all applicants, proof of which shall be submitted to the

Authority at the time of application.

(4)

The Authority shall require the haulier to submit evidence Checks on

compliance

at least every five years or at the Authority’s discretion that he continues to

fulfil the requirements of subregulation (1) of regulation 7.

12. The Authority may withdraw an authorisation on the Withdrawal of

authorisation

following grounds>

(a)

Where the holder no longer satisfies the conditions

laid down in subregulation (1) of regulation 7< or

(b)

Where the holder has supplied incorrect information

to the Authority in relation to the issue or renewal of the

authorisation< or

(c)

Where the holder has breached any of the conditions

of his authorisation and has not remedied such breach in spite of

his having been given written notice of the breach and a reasonable

time in which to do so.

(d)

In the event of serious infringements of these

regulations, the Authority may suspend the authorisation. Such

suspension shall be imposed having regard to the seriousness of

the infringement and shall be subject to appeal before an appeals

board to be set up according to the provisions of the Malta Transport Cap. 372

Authority Act.

Where offences against the rules governing road haulage have been

committed by a non-resident haulier and might lead to withdrawal of

the authorisation to practise as a road haulage operator, the Authority

shall provide the Agreement State in which the haulier is established

with all the information in its possession concerning those offences and

the penalties imposed.

13. In the event of the death or physical or legal incapacity of the

natural person engaged in the profession of road haulage operator or of

the natural person who satisfies the requirements of subregulation (1) of

regulation 7, the Authority may permit the carrying on of the business of

a road passenger transport operator on a temporary basis for a maximum

period of one year, with extension for a maximum period of six months.

The Authority may, by way of exception and in certain special cases,

definitively authorise a person not fulfilling the requirement of professional

competence referred to in regulation 10 to operate the undertaking provided

that such person possesses at least three years’ practical experience in the

day-to-day management of the undertaking

Part III

SOCIAL MEASURES

General provisions

14. The minimum age for drivers engaged in carriage of goods

by road shall be as specified in Motor Vehicles (Driving Licences)

Regulations, 2002.

International Carriage of Goods

15. The minimum ages for drivers engaged in international

carriage of goods by road shall be as follows>

(a)

For vehicles, including, where appropriate, trailers or

semi-trailers, having a permissible maximum weight of not more

than 7.5 tonnes, 19 years<

(b)

for other vehicles>

– 21 years or

– 19 years provided that the person concerned holds a

certificate of professional competence issued by the Authority

or by the competent authority of an Agreement State

confirming that he has completed a training course mentioned

in regulation 16.

16. The minimum level of training for drivers aged over 19 years

and under 21 to engage in the carriage of goods by road shall consist of

a course covering the subjects provided in the Third Schedule to these

regulations.

17. (1) Drivers of the ages mentioned in the previous regulation Driving licence

shall also have obtained a national driving licence for vehicles intended

for the carriage of goods by road under the Motor Vehicles (Driving

Licences) Regulations, 2002.

(2) The programme and organisation of the course of

vocational training referred to in subregulation (1) shall be laid down

by the Authority. Proof that this training has been completed shall be

furnished by means of an examination or a check carried out by the

Authority.

(3) Upon completion of the said course, drivers referred to

in subregulation (1) shall undergo an examination or check to be carried

out by the Authority.

(4) Drivers carrying out national transport within Malta and

drivers carrying out international transport in vehicles registered in Malta

may be required by the Authority to undergo more extensive training

than that provided for in the Third Schedule.

18. (1) The Authority shall issue a certificate of professional Certificate of

professional

competence to persons who meet the requirements laid down in competence

regulation 16.

(2)

Rights acquired pursuant to the provisions referred

to in subregulation (1) prior to the entry into force of these regulations

shall remain valid in the same way as certificates issued pursuant to

these regulations.

19. A driver attestation as contained in the Ninth Schedule to Driver Attestation

for hauliers using

these regulations shall be issued by the Authority to any haulier who> drivers who are

nationals of non-

Agreement State

(a)

Is the holder of a Community authorisation<

(b) Lawfully employs drivers who are nationals of non-

Agreement States in accordance with any laws or regulations

governing the conditions of employment and vocational training

in force in Malta or by any collective agreement in accordance

with such laws or regulations.

20. The driver attestation shall be subject to a maximum validity Validity period

period of five years, a true copy of which shall be kept at the haulier’s

premises.

(1) The minimum age for drivers’ mates shall be 18 years.

21. (2)

In the case of internal transport operations the

Authority may reduce the minimum age for drivers’ mates to 16 years

on a case-by-case basis, on condition that this is for purposes of

vocational training and subject to relevant employment legislation.

22. The European Agreement concerning the Work of Crews of

Vehicles engaged in International Road Transport (AETR) shall apply

instead of these regulations to international road transport operations> -

(a)

between Malta and countries that are Contracting

Parties to the AETR, or in transit through such countries, for the

whole of the journey where such operations are carried out by

vehicles registered in Malta, an Agreement State or in one of the

said third countries<

(b)

between Malta and a country which is not a

Contracting Party to the AETR in the case of any journey made

within the Community or between Malta and the Community where

such operations are carried out by vehicles registered in one of

those countries.

23. (1) (a) The daily driving period shall not exceed nine hours.

It may be extended twice in any one week to 10 hours.

(b)

A driver must, after no more than six daily driving

periods, take a weekly rest period as defined in subregulation (3)

of regulation 25.

(c)

The weekly rest period may be postponed until the

end of the twelfth day if the total driving time over the twelve days

does not exceed the maximum corresponding to twelve daily

driving periods.

(2)

The total period of driving in any period of two

consecutive weeks shall not exceed 90 hours.

24. (1) After four-and-a-half hours driving, the driver shall

observe a break of at least 45 minutes, unless he begins a rest period.

(2) This break may be replaced by breaks of at least 15

minutes each distributed over the driving period or immediately after

this period in such a way as to comply with the provisions of

subregulation (1).

(3)

During these breaks, the driver may not carry out any

other work. For the purposes of this section, the waiting time and time

not devoted to driving spent in a vehicle in motion, a ferry, or a train

shall not be regarded as ‘other work’.

(4)

The breaks observed under this regulation may not

be regarded as daily rest periods.

25. (1) (a) In each period of 24 hours, the driver shall have a Daily rest period

daily rest period of at least 11 consecutive hours, which may be reduced

to a minimum of nine consecutive hours not more than three times in

any one week, on condition that an equivalent period of rest is granted

as compensation before the end of the following week.

(b)

On days when the rest is not reduced in accordance

with the first subparagraph, it may be taken in two or three separate

periods during the 24-hour period, one of which must be of at least

eight consecutive hours. In this case the minimum length of the

rest shall be increased to 12 hours.

(2) During each period of 30 hours when a vehicle is manned

by at least two drivers, each driver shall have a rest period of not less

than eight consecutive hours.

(3) In the course of each week, one of the rest periods

referred to in subregulations (1) and (2) hereof shall be extended, by

way of weekly rest, to a total of 45 consecutive hours. This rest period

may be reduced to a minimum of 36 consecutive hours if taken at the

place where the vehicle is normally based or where the driver is based,

or to a minimum of 24 consecutive hours if taken elsewhere. Each

reduction shall be compensated by an equivalent rest taken en bloc before

the end of the third week following the week in question.

(4) A weekly rest period which begins in one week and

continues into the following week may be attached to either of these

weeks.

(5) Any rest taken as compensation for the reduction of the

daily and, or weekly rest periods must be attached to another rest of at

least eight hours and shall be granted, at the request of the person

concerned, at the vehicle’s parking place or driver’s base.

(6) The daily rest period may be taken in a vehicle, as long

as it is fitted with a bunk and is stationary.

26. Notwithstanding subregulation (1) of regulation 23, a driver

Interruption of daily

engaged in the carriage of goods who accompanies a vehicle which is

transported by ferryboat or train, may interrupt the daily rest period

once only, provided the following conditions are fulfilled>

(a)

that part of the daily rest period spent on land must be

able to be taken before or after the portion of the daily rest period

taken on board the ferryboat or the train,

(b)

the period between the two portions of the daily rest

period must be as short as possible and may on no account exceed

one hour before embarkation or after disembarkation, customs

formalities being included in the embarkation or disembarkation

operations,

(c)

during both portions of the rest period the driver must

be able to have access to a bunk or couchette.

The daily rest period, interrupted in this way, shall be increased

by two hours

27. Payments to wage-earning drivers, even in the form of

bonuses or wage supplements, related to distances travelled and, or the

amount of goods carried shall constitute an offence under these

regulations, unless these payments are of such a kind as not to endanger

road safety.

28. Insofar as road safety is not thereby jeopardised and to enable

him to reach a suitable stopping place, the driver may depart from the

provisions of these regulations to the extent necessary to ensure the

safety of persons, of the vehicle or of its load. The driver shall indicate

the nature of and reason for his departure from those provisions on the

record sheet of the recording equipment or in his duty roster.

29. (1) The undertaking shall organise drivers’ work in such a

way that drivers are able to comply with the relevant provisions of these

regulations and any other relevant legislation.

(2) The undertaking shall make periodic checks to ensure

that all legal requirements have been complied with. If breaches are

found to have occurred, the undertaking shall take appropriate steps to

prevent their repetition

30. The Authority may grant exceptions from the application of Exceptions

the provisions of regulations 15 to 29 to road haulage operations carried

out in exceptional circumstances, if such exceptions do not seriously

jeopardise the objectives of these regulations. In urgent cases it may

grant a temporary exception for a period not exceeding 30 days.

Part IV

MARKET ACCESS

Access to the national market

31. (1) In order to carry out national road haulage operations Haulier’s licence

using goods vehicles on a permanent basis, any undertaking must be

authorised as provided for in regulation 5.

(2) The Authority shall provide the holder with a certified

true copy of the authorisation for every vehicle for which it is to be

used.

(3) The vehicles for which the authorisation is being used

shall be at the exclusive disposal of the holder when hired, and must be

driven by employees of the holder or the holder himself.

(4) The Authority shall lay down such other rules as

necessary governing the requirements of national road haulage

operations and market access.

Access to the Community market

32. Under the conditions established in regulation 34, all types Liberalisation

of carriage by road for hire or reward and on own account listed in Part

I of the Fourth Schedule where such carriage is performed to or from or

in transit through Malta are liberalised.

33. The types of carriage and unladen journeys made in Exemptions

conjunction with the types of carriage listed in Part I of the Fourth

Schedule shall be exempted from the requirement of obtaining an

authorisation under this Part.

34. (1) The Authority shall issue a Community Licence in International

accordance with the model set out in the Fifth Schedule to any road carriage of goods.

haulage operator fulfilling the following conditions>

(a)

he is authorised under regulation 5<

(b) he satisfies the conditions laid down in accordance with

rules in the Agreement States on the admission to the occupation

of road haulage operator in national and international transport

operations in accordance with regulation 7<

(c) he meets legal requirements on road safety as far as the

standards for drivers and vehicles are concerned.

(2) In order to carry out international road haulage

operations using goods vehicles between Malta and Agreement States

for hire and reward any carrier satisfying the criteria laid down in

subregulation (1) must hold a Community authorisation in conjunction

with a driver attestation if the driver is a national of a non-Agreement

State.

(3) The Authority shall issue the haulier with the original

of a Community authorisation, which shall be kept by the haulier, and

the number of certified true copies corresponding to the number of

vehicles used for the international carriage of goods at the disposal of

the holder of the Community authorisation, either in full ownership or

any other form, notably by virtue of an instalment-purchase contract, a

hire contract or a lease contract.

(4) The Community authorisation shall be issued in the name

of the haulier and shall be non-transferable. A certified true copy of the

Community licence shall be carried on the vehicle and shall be presented

at the request of any authorised inspecting officer.

(5) The Community licence shall be issued for a period of

five years and shall be renewable.

(6) The Community authorisation shall replace the

document issued by the Authority certifying that the carrier has access

to the market for the international carriage of goods or any prior

authorisation.

(7) When an application for a licence is submitted, and least

every 5 years thereafter, the Authority shall carry out a review whether

the haulier satisfies or continues to satisfy the conditions established

under these regulations.

(8) A Community authorisation shall also be valid for

national operations.

35. If the conditions established under these regulations are not Rejecting an

application

satisfied, the Authority shall reject the application for the issue or renewal

of the application as the case may be, and shall give reasons for such a

decision.

36. (1) The Authority may withdraw an authorisation on the Withdrawal of

authorisation and

following grounds>

attestation

(a) where the holder no longer satisfies the conditions laid

down in regulations 5 to 13 and 19< or

(b)

where the holder has supplied incorrect information

to the Authority in relation to the issue or renewal of the

authorisation.

(2)

In the event of serious infringements or repeated minor

infringements of these regulations, the Authority may inter alia

temporarily or partially suspend the authorisation and may withdraw

the driver attestation of such hauliers where they are established in Malta

and may also make the issue of driver attestations subject to additional

conditions in order to prevent use. Such measures shall be imposed

having regard to>

(a)

the seriousness of the infringement< and

(b)

the total number of certified copies of the authorisation

held by the holder in respect of international traffic.

37. Any decision by the Authority in accordance with regulation Appeals

36 shall be subject to appeal before an appeals board to be set up

according to the provisions of the Malta Transport Authority Act.

Access to the market in ECMT member countries

38. The performance of road haulage operations to or from or Road haulage in

within ECMT member countries shall be subject to an ECMT licence. ECMT Members

39. (1) Such licence shall be obtained upon an application being Obtaining ECMT

licence

submitted in writing to the Authority accompanied by a manufacturer’s

certificate of conformity in accordance with guidelines contained in

the Sixth Schedule of these regulations and any information it may

require for this purpose.

(2)

The Authority shall recognise ECMT licences issued

in other ECMT member countries.

(3)

An ECMT licence shall only be valid for one vehicle

at any one time, and shall be carried on board the vehicle for the entire

journey.

40. The ECMT licence holder may also use such licences for

vehicles which are leased or hired without driver.

41. (1) The vehicle for which the ECMT licence is being used

shall be at the exclusive disposal of the holder when hired, and must be

driven by employees of the holder or the holder himself.

(2) The following must also be kept in the vehicle>

(a) the contract of hire, or a certified extract from that

contract giving in particular the name of the lessor, the name of

the lessee, the date and duration of the contract and the vehicle

identification number<

(b) where the driver is not the person hiring the vehicle, the

driver’s employment contract or a certified extract from that

contract giving in particular the name of employer, the name of

the employee and the date and duration of the employment contract,

or a recent pay slip.

(3) Where the Authority deems it necessary, it may replace

the documents referred to in subregulation (2) by an equivalent document

issued for that purpose.

(4) An ECMT licence is non-transferable.

42. The name of the person operating the vehicle on behalf of

the lessor shall appear on the first page of the licence.

43. The transport operations described in Part II of the Fourth

Schedule to these regulations shall be exempt from the requirement of

an ECMT licence.

44. (1) The holder of an ECMT licence shall keep a logbook,

in the format prescribed by the Authority and made out in his name.

Such logbooks shall not be transferable.

(2)

The logbook shall bear the same number as the ECMT

licence to which it refers and shall be kept on board the vehicle together

with such licence.

(3)

The haulier shall produce the logbook for inspection

upon demand by an authorised inspecting officer, who may then stamp

the logbook.

45. (1) An ECMT licence shall be invalid if it does not contain Requirements for

validity

the following particulars entered indelibly>

(a)

name or business name and full address of the

undertaking<

(b)

signature and stamp of the body issuing the licence<

(c)

dates on which the validity of the licence begins and

ends<

(d)

date of issue of the licence.

(e)

Licences for “green” or “greener and safe” or “EUR03

safe” vehicles, as defined in the Sixth Schedule to these regulations,

are also considered invalid, if a spot check shows that the emission

or safety requirements laid down for such vehicles are not fulfilled.

(2)

Licences may be withdrawn by the Authority, more

particularly in the event of serious or repeated infringements and in

cases of insufficient use or use for bilateral transport operations only.

(3)

In case that it is discovered that a forged, lost or stolen

ECMT licence is being used, or that an EMCT licence is being used by

a haulier other than the licence holder or in case of use of a forged

certificate, the licence is to be withdrawn immediately and

communicated to the competent authority in the country of the haulier’s

registration.

(4)

Likewise if it is discovered that an outdated or expired

ECMT licence is being used, it shall be withdrawn immediately and

communicated to the relevant authority.

46. Licences that are withdrawn or surrendered may be re-issued Withdrawn or

surrendered ECMT

to other hauliers for the remaining period of validity. In such cases, licences

licences shall be cancelled and replaced by a reserve licence before

being issued to another haulier for the remaining period of time.

47. (1) Where licences are cancelled or replaced, the Authority Cancellation

replacements of

shall inform the ECMT Secretariat.

ECMT Licences

(2)

Similarly, forged certificates for “green” or “greener

and safe” or “EUR03 safe” vehicles shall be transmitted to the competent

authority of the country in which the vehicle is registered.

(3)

In cases where a licence is lost or stolen, the issuing

Authority or body must be notified immediately. The Authority may

replace it by another licence for the remaining period of validity.

(4)

The Authority shall notify the ECMT Secretariat of

the serial numbers of lost or stolen licences and of their replacements.

Access to the market in other countries

48. The Authority shall by means of regulations determine the

Bilateral agreements

conditions for market access relating to countries with which Malta has

bilateral agreements other than Agreement States or ECMT member

countries subject to the provisions of such agreements.

Access to the national market by non-resident hauliers established in

Agreement States (‘Cabotage’)

49. Any haulier for hire or reward who is a holder of a Community

authorisation and whose driver, if he is a national of a non-Agreement

State, holds a driver attestation, shall be entitled, under the conditions

laid down in these regulations, to carry out cabotage operations on a

temporary basis in Malta, without having a registered office or other

establishment in Malta.

50. Any road haulage operator shall be permitted to carry out

cabotage operations on an “own account” basis.

51. A cabotage authorisation shall be issued by the Authority in

the format indicated in the Seventh Schedule to these regulations.

52. (1) Such authorisations shall be issued in the name of the

haulier and shall not be transferable.

(2) A cabotage authorisation may only be issued for one

vehicle at a time.

(3)

Undertakings entitled in Malta to carry out road

haulage operations on own account shall be entitled to receive the

cabotage authorisations in accordance with these regulations under the

same conditions as undertakings performing road haulage operations

for hire or reward.

53. A non-resident haulier shall have at his disposal the vehicle Title of vehicles

either under full ownership or under any other title including a hire-

purchase, hire or leasing contract.

54. (1) In the case of hiring, the vehicle shall be hired by the Hiring by a haulier

haulier in the Agreement State of establishment to carry out cabotage

operations. However, in order to complete a cabotage operation

interrupted because of a breakdown or an accident, the non-resident

haulier may hire a vehicle in Malta under the same conditions as resident

hauliers and the cabotage licence may be transferred to this replacement

vehicle. The Authority shall be informed of this transfer

(2) The cabotage authorisation and the hiring contract, if any,

shall be kept in the motor vehicle.

(3) The cabotage authorisation must be produced whenever

requested by authorised inspecting officers.

55. The period of validity of a cabotage authorisation must be Period of validity

entered on the authorisation by the Authority.

56. (1) Transport operations effected under a cabotage Book of record

authorisation shall be entered in a book of record sheets and the sheets sheets

shall be returned with the authorisation to the Authority within eight

days of the expiry of the authorisation.

(2)

The book of record sheets shall correspond to the

format indicated in the Eighth Schedule to these regulations.

57. The performance of cabotage transport operations shall be Conditions

subject to any law, regulation or other measure in force in Malta, in

particular relating to>

(a)

the rates and conditions governing the transport

contract<

(b) weights and dimensions of road vehicles shall meet the

conditions of the regulations regulating weights, dimensions and

equipment for motor vehicles <

(c)

requirements relating to the carriage of certain

categories of goods, in particular dangerous goods, perishable

foodstuffs and live animals<

(d)

driving and rest time<

(e)

value added tax (VAT) on transport services.

Provided that this regulation shall apply equally to resident and non-

resident hauliers established in the Agreement States.

58. The Community authorisation or a certified true copy thereof

shall be kept on board the vehicle and shall be produced when requested

by any authorised inspecting officer.

59. The technical standards of construction and equipment of

vehicles used to carry out cabotage operations shall comply with the

requirements for vehicles put into circulation in international transport.

Part V

USE OF VEHICLES WITHOUT DRIVERS UNDER

NATIONAL OPERATION

60. (1) It shall be possible to use within the territory of Malta

vehicles hired by undertakings established in Agreement States other

than Malta provided that>

(a)

the vehicle is registered or put into circulation in

compliance with the laws in the country of registration<

(b)

the contract relates solely to the hiring of a vehicle

without a driver, and is not accompanied by a service contract

concluded with the same undertaking covering driving or

accompanying personnel<

(c)

the hired vehicle is at the sole disposal of the

undertaking using it during the period of the hire contract<

(d) the vehicle is driven by personnel of the undertaking

hiring it<

(e)

proof of compliance with the conditions of paragraphs

(a) to (d) hereof is provided by the following documents, which

must be on board the vehicle>

- the contract of hire, or a certified extract from that

contract giving in particular the name of the lessor, the name

of the lessee, the date and duration of the contract and the

vehicle identification number<

- where the driver is not the person hiring the vehicle,

the driver’s employment contract or a certified extract from

that contract giving in particular the name of employer, the

name of the employee and the date and duration of the

employment contract, or a recent pay slip.

(2)

Where the Authority deems it necessary, it may

replace the documents referred to in paragraph (e) by an equivalent

document issued for that purpose.

Part VI

RATES AND CONDITIONS FOR THE CARRIAGE OF

GOODS BY ROAD

61. (1) This regulation and regulation 62 shall apply to the Rates

free agreement

carriage of goods by road in Malta for hire or reward even if, at the time

of such carriage operations, part of the journey is performed>

– in transit through another country< or

– by a road vehicle which is carried by another means of

transport, without intermediate reloading of the goods.

(2) The rates for the carriage operations referred to in

subregulation (1) shall be set by free agreement between the parties to

the haulage contract.

62. For the purposes only of market surveillance the Authority Power to request

information

may request hauliers, forwarding agents, freight brokers and other

transport agents to provide information concerning the rates charged

for international carriage of goods by road.

Part VII

USE OF GOODS VEHICLES IN MALTA

63. Any goods vehicle used on the public highway shall be fit

and safe for the conveyance of goods

64. Any goods vehicle used on the public highway shall have its

load firmly secured or appropriately covered so as to prevent any part

of it falling or spilling out onto roadway or otherwise endangering the

safety of traffic or of persons.

In no case shall the load being carried by a goods vehicle >

65. (a) reach a height which will impair the stability of the

vehicle<

(b) reach a height that would render the vehicle in excess

of the maximum permissible height contained in the regulations

regulating the weights, dimensions and equipment of motor

vehicles<

(c)

project beyond the overall width of the body.

In special cases, however, the Commissioner of Police

in consultation with the Authority may give temporary

permission in writing to the owners of goods vehicles to depart

from the conditions laid down in paragraphs (b) and (c) subject

to any conditions he deems fit.

66. In the event of damage of any kind being caused to the public

highway or any related equipment or street furniture the haulier shall

be responsible for the full costs of restoration of the status quo ante.

All goods vehicles driving on roads in Malta shall be covered by a valid

insurance policy which provides cover for such eventualities.

67. No person shall drive or permit to be driven a goods vehicle

when, from any cause whatsoever, the exhaust pipe or its connections

emit any smoke, grit, sparks, ashes, cinders or oily substances.

68. No person shall stop, whether temporarily or otherwise, and

leave unattended, or shall park any goods vehicle or leave a container

in any public highway or public open space whether enclosed or

otherwise other than in an authorised parking place or at an authorised

container storage depot>

- Provided that the Commissioner may in exceptional cases,

in any particular case, and under such conditions as he may deem

fit to impose, grant an exemption from this provision>

- Provided further that the Commissioner may also issue a

licence for empty containers to be parked or stacked in factory

grounds, whether privately owned or otherwise, as specified in

such licence, under such conditions as he may deem fit to impose.

69. The parking of goods vehicles in an authorised parking place Parking of goods

vehicles

or an authorised storage depot must fully comply with any rules and

regulations in force relating to the parking of such vehicles.

70. The loading and unloading of goods vehicles on the public Loading and

unloading of goods

highway shall be subject to any relevant traffic regulations prevailing vehicles

at the time.

(1) Passengers may not be carried by goods vehicles except Carriage

71. passengers

that

(a) one person may be permitted to sit next to the driver of

a goods vehicle whilst it is in use<

(b) they are the persons who are in charge of the goods or

engaged in loading and unloading them.

(2) The Commissioner may, in special cases, grant permission>

(a)

to owners of goods vehicles to carry persons in their

vehicles other than those in charge of the goods<

(b)

to bona fide contractors and bona fide bodies to

transport workmen free of any charge or reward in their goods

vehicles, from the mustering point to their principal place of work

and other work sites and return provided such places of work are

not situated within easy reach of an established bus route and

provided that there is in respect of such goods vehicle an appropriate

insurance to cover workmen carried therein free of charge.

72. Fish and fresh meat may not be carried in goods vehicles unless Carriage of fish and

meat

these are specially constructed and approved the Chief Government

Medical Officer in Malta or a recognised competent authority from an

Agreement State for that purpose.

73. Any vehicle being operated nationally or internationally

carrying dangerous goods as defined in the European Agreement

concerning the International Carriage of Dangerous Goods by Road, 2003

(“ADR Agreement”) shall comply with the requirements of the regulations

regulating the carriage of dangerous goods by road.

Part VIII

COMBINED TRANSPORT OF GOODS

74. In the case of combined transport for hire or reward, a

transport document shall be presented to the Authority upon request.

Such document shall specify the rail loading and unloading stations

relating to the rail leg, or the inland waterway loading and unloading

ports relating to the inland waterway leg, or the maritime loading and

unloading ports relating to the maritime section of the journey, and the

road loading or unloading stations or ports relating to a road leg not

being the initial or final leg of the journey.

75. (1) Details referred to in the previous regulation shall be

recorded before the transport operation is carried out and shall be

confirmed by means of a stamp affixed by the relevant authority when

the Maltese leg of the journey has been completed.

(2)

Any haulier established in a Agreement State who

meets the conditions of regulations 5 to 29 shall have the right to carry

out the initial or final road haulage legs of a combined transport

operation. In addition, a haulier for hire or reward shall comply with

security pass arrangements in force in the port areas.

76. Where a trailer or semi-trailer belonging to an undertaking

engaged in own-account haulage is hauled on a final section by a tractor

belonging to an undertaking engaged in transport for hire or reward,

the transport operation so effected shall be exempt from presentation of

the document provided for in regulation 74. However, another document

shall be provided giving evidence of the journey covered or to be covered

by rail, by inland waterway, by sea or by road, where that part of the

journey covered by road does not form the initial or final leg.

77. (1) Where the dispatching undertaking carries out the initial

road haulage leg on its own account, the receiving undertaking may

carry out the final leg on its own account, even though the trailer or

semi-trailer is registered or hired by the dispatching undertaking.

(2)

Where the receiving undertaking carries out the initial

road haulage leg on its own account, the dispatching undertaking may

carry out the final leg on its own account, even though the trailer or

semi-trailer is registered or hired by the receiving undertaking.

Part IX

INSPECTIONS

78. The haulier’s authorisation shall be carried on the vehicle Presentation of

authorisation

and shall be presented at the request of any authorised inspecting officer.

79. Hauliers shall allow all inspections intended to ensure that Powers of

inspections

operations are being conducted correctly, in particular as regards driving

and rest periods and regarding equipment, weights and dimensions. In

order to ensure compliance with these regulations, authorised inspecting

officers shall be empowered to>

(a) check the books and other documentation relating to the

operation of the transport undertaking<

(b) make copies of, or take extracts from, the books and

documentation on the premises<

(c) have access to all the transport undertaking’s premises,

sites and vehicles<

(d) require the production of any information contained in

books, documentation or databases.

80. The Authority shall check on the compliance of the Inspections at

quayside or

international haulier through random checks carried out at the quayside, roadside

roadside or at the premises of the undertaking.

Elements of checks

81. Quayside or roadside checks shall cover

(a)

daily driving periods, daily rest periods, breaks<

(b)

last weekly rest period (where appropriate)<

(c)

technical requirements of the regulations regulating

weights, dimensions and equipment for motor vehicles <

(d)

any books or documentation relating to journey

authorisation<

82. Checks shall also be carried out at premises of internationally

operating hauliers established in Malta and shall include the following.

(a) weekly rest periods and driving periods between these

rest periods,

(b) two-weekly limitation of driving hours,

(c)

compensation for reduced daily or weekly rest periods,

(d) the use of record sheets and, or the organisation of

drivers’ working times.

83. For the purposes laid down in these regulations, checks

carried out on the basis of relevant documents handed over by

undertakings at the request of the Authority, shall have the same status

as checks carried out at the premises of undertaking

Part X

AMENDING PROVISIONS

84. Part VIII of the Motor Vehicles Regulations, 1994 is hereby

repealed.

B

Professional competence.

(Regulation 9)

PART I

HAULIER TRADING AS SOLE TRADER / PARTNERSHIP

ACCOUNTANT’S REPORT

1. We have prepared, without carrying out an audit, a statement of affairs as at …………………

(date) from the accounting records of ………………………………………., hereinafter

referred to as “the firm”, having its principal business address at ….…………………………

………………………………………… …….and from information and explanations

supplied to us.

2. In making this report we have had regard to the unaudited statement of affairs referred to

above and, in particular, to the amounts and other information included in that statement of

affairs in respect of

i.

funds available, including cash at banks and overdraft and loan facilities;

ii.

assets, including property, available to provide security;

iii.

costs, including purchase cost or initial payment for vehicles, premises, plant and

equipment; and

iv.

working capital.

3. We confirm that the unaudited statement of affairs of the firm at ………….......... (date) shows

Total Assets less Total Liabilities of Lm …………. at ………………. (date) which, on the

basis of the licence application for ….. vehicles (using an exchange rate of €1.00 = Lm0.40),

Lm ………….. exceed Lm 3,600 for the first vehicle with a maximum authorised weight in

excess of 3.5 tonnes and Lm 2,000 for each additional vehicle to be authorised for use under

the firm’s authorisation.

Firm of Accountants ………………………………………………..

Address

………………………………………………...

…………………………………………………

……………………………………………….

Auditor’s/Accountant’s signature: ……………………………………………..

Date: ……………………………….

i.e. A person qualified by virtue of the Companies Act or an Accountant recognised by the Minister

responsible for transport.

PART 2

HAULIER TRADING AS A LIMITED LIABILITY COMPANY

ACCOUNTANT’S REPORT

1) We have audited in accordance with auditing standards the financial statements of …………

………………………, hereinafter referred to as “the company” whose registered office is at

…………………………………… ……..for the year / period ended at ………………………

(date).

2) Our audit report on those financial statements, was without qualification.

OR

Our audit report on those financial statements, which was qualified, was as follows

3) In making this report we have had regard to the financial statements referred to above and, in

particular, to the amounts and other information including those financial statements, in

respect of

i.

funds available, including cash at banks and overdraft and loan

facilities;

ii.

assets, including property, available to provide security;

iii.

costs, including purchase cost or initial payment for vehicles,

premises, plant and equipment; and

iv.

working capital.

4) We confirm that the audited balance sheet of the company at ……………………………..

(date) shows Capital and Reserves of Lm ………. which, on the basis of the licence for …….

vehicles (using an exchange rate of €1.00 = Lm0.40), Lm …………… exceed Lm 3,600 for

the first vehicle with a maximum authorised vehicles with a maximum authorised weight in

excess of 3.5 metric tonnes and Lm 2,000 for each additional vehicle to be authorised for use

under the company’s authorisation.

Firm of Accountants ………………………………………………..

Address

………………………………………………...

…………………………………………………

……………………………………………….

Auditor’s/Accountant’s signature: ……………………………………………..

Date: ……………………………….

i.e. A person qualified by virtue of the Companies Act or an Accountant recognised by the Minister

responsible for transport.

B

Exemptions. Checks on compliance.

(Regulation 10)

PART 1

CERTIFICATE OF PROFESSIONAL COMPETENCE

MALTA

(Stout fawn paper - Format: DIN A4)

M

Malta Transport Authority

CERTIFICATE OF PROFESSIONAL COMPETENCE IN NATIONAL [AND

INTERNATIONAL] ( 1 ) ROAD HAULAGE ( 1 )

We, the Malta Transport Authority, hereby certify

(a)

that .................................................................................................................................................……………

(Surname and forenames)

born in .............................................................……..(place) on ............................................................……….(date)

has passed the tests of the examination (year: .......................…..; session: ...……..................... ) organised for the

award of the certificate of professional competence in national/international ( 1 ) road haulage in accordance with the

Motor Vehicles (Carriage of Goods by Road) Regulations.

(b) that the person referred to in (a) is qualified to work in a professional capacity in an undertaking responsible for

road haulage

-

engaging solely in national transport ( 1 )

-

engaging in international transport ( 1 )

This certificate constitutes the sufficient proof of professional competence referred to in regulation 10 of the Motor

Vehicles (Carriage of Goods by Road) Regulations.

Issued at ................................................…... , on ......................................................

…………………………………………………………………………………

Stamp of the Authority and Signature of an Authorised Representative

( 1 ) Delete as appropriate

B

PART 2

A. LIST OF SUBJECTS REFERRED TO IN REGULATION 10

The knowledge to be taken into consideration for the official recognition of professional competence

by the Authority must cover at least the subjects listed below for road haulage. In relation to these

subjects, applicant road haulage operator must have the levels of knowledge and practical aptitude

necessary for the management of a transport undertaking.

A. Civil law

The applicant must, in particular

1. be familiar with the main types of contract used in road transport and with the rights and obligations

arising therefrom;

2. be capable of negotiating a legally valid transport contract, notably with regard to conditions of

carriage;

3. be able to consider a claim by his principal regarding compensation for loss of or damage to goods

during transportation or for their late delivery, and to understand how such a claim affects his

contractual liability;

4. be familiar with the rules and obligations arising from the CMR Convention on the contract for the

international carriage of goods by road.

B. Commercial law

The applicant must, in particular

1. be familiar with the conditions and formalities laid down for plying the trade, the general

obligations incumbent upon transport operators (registration, keeping records, etc.) and the

consequences of bankruptcy;

2. have appropriate knowledge of the various forms of commercial company and the rules governing

their constitution and operation.

C. Social law

The applicant must, in particular

1. be familiar with the role and function of the various social institutions which are concerned with

road transport (trade unions, works councils, shop stewards, labour inspectors, etc.);

2. be familiar with the employers' social security obligations;

3. be familiar with the rules governing work contracts for the various categories of workes employed

by road transport undertakings (form of the contracts, obligations of the parties, working conditions

and working hours, paid leave, remuneration, breach of contract, etc.);

B

4. be familiar with the Motor Vehicles (Carriage of Goods by Road) Regulations and the regulations

regulating weights, dimensions and equipment for motor vehicles .

D. Fiscal law

The applicant must, in particular, be familiar with the rules governing

1. VAT on transport services;

2. motor-vehicle tax;

3. the taxes on certain road haulage vehicles and tolls and infrastructure user charges;

4. income tax.

E. Business and financial management of the undertaking

The applicant must, in particular

1. be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory

notes, credit cards and other means or method of payment;

2. be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits,

mortgages, leasing, renting, factoring, etc.) and with the charges and obligations arising from them;

3. know what a balance sheet is, how it is set out and how to interpret it;

4. be able to read and interpret a profit and loss account;

5. be able to assess the undertaking's profitability and financial position, in particular on the basis of

financial ratios;

6. be able to prepare a budget;

7. be familiar with his undertaking's cost elements (fixed costs, variable costs, working capital,

depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne;

8. be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to

organise work plans, etc.;

9. be familiar with the principles of marketing, publicity and public relations, including transport

services sales promotion and the preparation of customer files, etc.;

10. be familiar with the different types of insurance relating to road transport (liability, accidental

injury/life insurance, non-life and luggage insurance) and with the guarantees and obligations arising

therefrom;

11. be familiar with the applications of electronic data transmission in road transport;

12. be able to apply the rules governing the invoicing of road haulage services and know the meaning

and implications of Incoterms;

13. be familiar with the different categories of transport auxiliaries, their role, their functions and,

where appropriate, their status.

B

F. Access to the market

The applicant must, in particular

1. be familiar with the occupational regulations governing road transport for hire or reward, industrial

vehicle rental and sub-contracting, and in particular the rules governing the official organisation of the

occupation, admission to the occupation, authorisations for intra- and extra-Community road transport

operations, inspections and sanctions;

2. be familiar with the rules for setting up a road transport undertaking;

3. be familiar with the various documents required for operating road transport services and be able to

introduce checking procedures for ensuring that the approved documents relating to each transport

operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept

both in the vehicle and on the premises of the undertaking;

4. be familiar with the rules on the organisation of the market in road haulage services, on freight

handling and logistics;

5. be familiar with frontier formalities, the role and scope of T documents and TIR carnets, and the

obligations and responsibilities arising from their use.

G. Technical standards and aspects of operation

The applicant must, in particular

1. be familiar with the rules concerning the weights and dimensions of vehicles in the Member States

and the procedures to be followed in the case of abnormal loads which constitute an exception to these

rules;

2. be able to choose vehicles and their components (chassis, engine, transmission system, braking

system, etc.) in accordance with the needs of the undertaking;

3. be familiar with the formalities relating to the type approval, registration and technical inspection of

these vehicles;

4. understand what measures must be taken to reduce noise and to combat air pollution by motor

vehicle exhaust emissions;

5. be able to draw up periodic maintenance plans for the vehicles and their equipment;

6. be familiar with the different types of cargo-handling and loading devices (tailboards, containers,

pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading

goods (load distribution, stacking, stowing, blocking and chocking, etc.);

7. be familiar with the various techniques of “piggy-back” and roll-on roll-off combined transport;

8. be able to implement procedures for complying with Maltese laws and regulations in force

governing the carriage of dangerous goods and waste;

9. be able to implement procedures for complying with the rules on the carriage of perishable

foodstuffs, notably those arising from the Agreement on the international carriage of perishable

foodstuffs and on the special equipment to be used for such carriage (ATP);

10. be able to implement procedures for complying with the rules on the transport of live animals.

B

H. Road safety

The applicant must, in particular

1. know what qualifications are required for drivers (driving licence, medical certificates, certificates

of fitness, etc.);

2. be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions

and restrictions in force in different Agreement States (speed limits, priorities, waiting and parking

restrictions, use of lights, road signs, etc.);

3. be able to draw up drivers’ instructions for checking their compliance with the safety requirements

concerning the condition of the vehicles, their equipment and cargo, and concerning preventive

measures to be taken;

4. be able to lay down procedures to be followed in the event of an accident and to implement

appropriate procedures for preventing the recurrence of accidents or serious traffic offences.

ORGANISATION OF THE EXAMINATION

1. The Authority shall organise a compulsory written examination which it may supplement by an

optional oral examination to establish whether applicant road transport operators have achieved the

required level of knowledge in the subjects listed in A, in particular, their capacity to use the

instruments and techniques relating thereto and to fulfil the corresponding executive and co-ordination

duties.

(a) The compulsory written examination shall involve two tests, namely

- written questions consisting of either multiple choice questions (each with four possible answers),

questions requiring direct answers or a combination of both systems,

- written exercises/case studies.

The minimum duration of each test is two hours.

(b) Where an oral examination is organised, Member States may stipulate that participation is subject

to successful completion of the written examination.

2. Where the Authority also organises an oral examination, they must provide, in respect of each of the

three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total

number of marks to be given.

Where the Authority organises only a written examination it shall provide, in respect of each test, for a

weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be

given.

3. With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of

marks to be given, achieving in any given test not less than 50 % of the total number of marks

possible. In one test only, the Authority may reduce that mark from 50 % to 40 %`.

Withdrawal of authorisation.

(Regulation 16)

MINIMUM TRAINING NECESSARY FOR THE AWARD OF A CERTIFICATE

OF PROFESSIONAL COMPETENCE FOR INTERNATIONAL DRIVERS

UNDER THE AGE OF 21

Training leading to the award of a certificate of professional competence shall include at least the

following subjects, to the extent that they are not already covered by training for a driving licence

under the Motor Vehicles (Driving Licences) Regulations 2002.

1. Knowledge of the construction and main component parts of a vehicle

Knowledge of the construction and functioning of

-

internal combustion engines,

-

lubrication and cooling systems,

-

the fuel system,

-

the electrical system,

-

the ignition system,

-

the transmission system (clutch, gearbox, etc.)

General knowledge of lubrication and antifreeze protection

Knowledge of the precautions to be taken during the removal and replacement of wheels

Knowledge of the construction, fitting, correct use and care of tyres

Knowledge of the types, operation, main parts, connection, use and day-to-day

maintenance of brake fittings, and knowledge of coupling systems

Knowledge of methods of locating causes of breakdowns

Knowledge of how to repair minor breakdowns with the aid of the correct equipment

General knowledge of preventive maintenance of vehicles and necessary running repairs.

2. General knowledge of transport and administrative procedures

2.1. General ability and sufficient geographical knowledge to use road maps and their indexes

2.2. Economical use of vehicles

2.3. Knowledge of the steps to be taken after an accident or similar occurrence (e.g. fire) in

connection with vehicle insurance

2.4. Knowledge of the national legislation applicable to drivers of goods vehicles

2.5. Elementary knowledge of the driver’s responsibility in respect of the receipt, carriage and

delivery of goods in accordance with the agreed conditions

2.6. Knowledge of the vehicle and transport documents required for the national and international

carriage of goods

2.7. Knowledge of the techniques of loading and unloading goods and of the use of loading and

unloading equipment

2.8. Basic knowledge of the precautions to be taken in the handling and carriage of dangerous

goods

3. Experience of driving goods vehicles

3.1. Practical experience of driving and manoeuvring vehicles of more than 7.5 metric tons and

using a coupling device

B

Death or other incapacity.

PART III

SOCIAL MEASURES

General Provisions

PART I

(Regulations 32, 33)

TYPES OF CARRIAGE TO BE EXEMPTED FROM AUTHORISATION

Types of carriage to be exempted from any carriage authorisation

1. Carriage of mail as a public service.

2. Carriage of vehicles which have suffered damage or breakdown.

3. Carriage of goods in motor vehicles the permissible laden weight of which, including that of

trailers, does not exceed six tonnes or the permissible payload of which, including that of trailers, does

not exceed 3.5 tonnes.

4. Carriage of goods in motor vehicles engaged in ‘own account’ transport.

5. Carriage of medicinal products, appliances, equipment and other articles required for medical care

in emergency relief, in particular for natural disasters.

PART II

(Regulation 43)

CATEGORIES OF TRANSPORT EXEMPTED FROM PERMIT

REQUIREMENTS UNDER THE ECMT

1. The transport of goods by motor vehicles whose Total Permissible Laden Weight (TPLW),

including trailers, does note exceed 6 tonnes, or when the permitted payload, including

trailers, does not exceed 3.5 tonnes.

2. The transport of goods on an occasional basis, to or from airports, in cases where services are

diverted.

3. The transport of vehicles which are damaged or have broken down and the movement of

breakdown repair vehicles.

4. Unladen runs by a goods vehicle sent to replace a vehicle, which has broken down in another

country, and also the return run, after repair, of the vehicle that had broken down.

5. Transport of livestock in vehicles purpose-built or permanently converted for the transport of

livestock and recognised as such by the Authority.

6. Transport of spare parts and provisions for ocean-going ships and aircraft.

7. Transport of medical supplies and equipment needed for emergencies, more particularly in

response to natural disasters and humanitarian needs.

8. Transport for non-commercial purposes of works and objects of art for fairs and exhibitions.

9. Transport for non-commercial purposes of properties, accessories and animals to or from

theatrical, musical, film, sports or circus performances, fairs or fêtes, and those intended for

radio recordings, or for film or television production.

B

Minimum age of drivers.

(Regulation 34)

Ministry for Transport and Communications

M

Malta Transport Authority

Authorisation No …

for the international carriage of goods by road for hire or reward

This authorisation entitles 1 ____________________________________________________________

to engage in the international carriage of goods by road for hire or reward by any route, for journeys or

parts of journeys effected for hire or reward within the territory of the Agreement States, in

accordance with the Motor Vehicles (Carriage of Goods by Road) Regulations.

Authorised Holder of Authorisation

Name and Surname

Permanent Address

Passport Number

Place of Issue

Date of Issue

Date of Expiry

Particular remarks:___________________________________________________________________

This authorisation shall be valid from ______________________ to ___________________________

Issued in __________________________________________ on _____________________________

Name or business name and full address.

Signature and stamp of the Authority.

B

Minimum ages of drivers engaged in international carriage of goods.

(Regulation 39 and 45)

1. The “green” lorry scheme

Member countries that participate in the “green” lorry scheme have more licences than they would

have had if they kept “basic” licences, although their licences can only be used for the carriage of

goods by means of lorries complying with the following standards

a) Noise emissions for the vehicle

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published

under the Product Safety Act (Cap 427) 2001 or ECE Regulation N° 51/02 and KDV 1967 1 )

78 dB (A) for vehicles with power up to 150 kW

80 dB (A) for vehicles with power over 150 kW.

b) Chemical exhaust emissions for diesel engines

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published

under the Product Safety Act (Cap 427) 2001, or in ECE Regulation N° 49/02, approval A

[“EUR01”], as far as production conformity is concerned)

CO

4.9g/kWh

HC

1.23g/kWh

Nox

9.0g/kWh

0.4g/kWh 2

Part

A certificate of conformity with these standards is to be carried on board the vehicle together with the

logbook. People authorised to fill it in are either the manufacturer or the authorised representative of

the manufacturers in the State of registration. In the latter case, the authorised representative has also

to indicate the name of the manufacturer of whom he is the authorised representative. The certificate

is issued once for the vehicle and does not have to be renewed, unless the basic data indicated on it, for

any kind of emissions, have been changed. The certificate is available either in English or in French

or in German. It must be accompanied by translations into the other two languages. In any event,

should an on-the-spot check show that the emission values given on the certificate are exceeded, it is

considered that the technical specifications have not been met. In such a case, the certificate is deemed

to be invalid.

To facilitate and speed up frontier crossings, it is strongly recommended that “green lorries” should

display at the front of the vehicle a magnetic “badge” or sticker. The badge should be green

(background) and white (border) and bear the inscription “U” or “E” (Umwelt=Environment).

KDV - Kraftfahrgesetz-Durchfuhrungsverordnung - HGV Act implementing regulations (Austria).

In the case of engines of 85 kW or less, a coefficient of 1.7 is applied to the limit value for particles emissions.

2. The “greener and safe” lorry scheme

The requirements for the “greener and safe” lorry are the following

Noise emissions for the vehicle

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) or in ECE Regulation No. 51/02 and KDV 1967 3 )

78 dB(A) for vehicles < 150 kW

80 dB(A) for vehicles > 150 kW

Chemical exhaust emissions for diesel engines

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) 2001 or in ECE Regulation No. 49/02, approval B, [“EURO 2”])

CO

4.0g/kWh

HC

1.1g/kWh

Nox

7.0g/kWh

particle

0.15g/kWh

Minimum technical and safety requirements

1. Vehicles and their trailers must have a minimum tread depth of 2 mm on all tyres.

2. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the

regulations quoted must have a rear underrun protection device (according to ECE

Regulation N° 58/01 or in the Motor Vehicle (EC Type Approval) Regulations LN 95/02

published under the Product Safety Act (Cap 427) ).

3. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the

regulations quoted, must have lateral underrun protection guards, in accordance with

ECE Regulation N° 73/00 or in the Motor Vehicle (EC Type Approval) Regulations LN

95/02 published under the Product Safety Act (Cap 427) .

4. Vehicles must have hazard warning signal, in accordance with ECE Regulation N° 6/01

or in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) , and a red warning triangle, in accordance with ECE

Regulation N° 27/03.

5. Vehicles must use a tachograph, in accordance with ECE/UN “AETR Agreement” or

these Regulations and any other relevant regulations issued under the Traffic Regulation

Ordinance (Cap 65)

6. Vehicles must have speed limitation devices according to ECE Regulation 89 or

according to the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published

under the Product Safety Act (Cap 427) .

7. Heavy and long vehicles must have retroreflecting rear marking plates according to ECE

Regulation No 70/01.

8. Vehicles must have anti-lock brakes (in accordance with ECE Regulation 13/09 or the

Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product

Safety Act (Cap 427) ).

3 KDV = Kraftiahrgesetz-Durchfuhrungsverordnung = HGV Act implementing regulations (Austria)

B

9. Vehicles must have a steering device in accordance with ECE Regulation 79/01 or the

Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product

Safety Act (Cap 427) .

10. Vehicles must fulfil the requirements concerning the roadworthiness test as laid down in

the Motor Vehicles (Roadworthiness Test) Regulations 1998 . In compliance with this

Regulation, the roadworthiness test has to be passed every year, so that the certificate of

compliance must not be older than 12 months;

Furthermore, ECMT licences for the “greener and safe” lorry can only be used by vehicles which

comply with the technical specifications set out above and are valid only if they are accompanied by

fully completed certificates indicating compliance with these technical standards. The certificates are

available either in English or in French. They must be accompanied by translations into two other

languages, which are German and the national language of the country of registration of the vehicle.

The certificates are available either in French or in English. They must be accompanied by

translations into two other languages, which are German and the national language of the country of

registration of the vehicle.

The certificate concerning noise and exhaust emissions requirements for “greener and safe” lorries,

can be filled in by the vehicle Manufacturer, or the authorised Representative of the Manufacturer in

the country of registration. In the latter case, the authorised Representative has also to indicate the

name of the manufacturer of whom he is the authorised representative.

The certificate is issued once for the vehicle and does not have to be renewed, unless the

basic data indicated on it, for any kind of emissions, have been changed. The certificates already

filled-in (2001) will therefore remain valid as far as the basic data indicated on them have not been

changed. For certificates to be issued for new vehicles or for vehicles where the basic data have been

changed, countries should however gradually use the new models for certificates as shown in Annex 5

of the ECMT Agreement, at the latest as of 1 January 2002.

The certificate concerning safety requirements for “greener and safe” lorries can be filled in either by

-

the competent validation Services in the country of registration, if this country does not

authorise Representatives of Manufacturers;

-

the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country of registration, or

-

a combination of the competent validation Services in the country of registration and the

vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country of registration, when all the equipment is not fitted by the vehicle Manufacturer.

In case of an “authorised Representative”, he has also to indicate the name of the manufacturer of

whom he is the authorised Representative. The certificate concerning safety requirements for “greener

and safe’’ lorries has to be renewed at least every year, by means of a roadworthiness test.

Furthermore, minimum safety requirements are required for both the vehicle itself and the trailer.

Therefore, a specific certificate should be filled-in for trailers when they are registered and checked for

roadworthiness test.

These various certificates must be filled-in according to the provisions set out in the respective

Annexes of the ECMT Agreement, by

B

— the Body or Establishment designated and directly supervised by the State of

Registration for the purpose of (Motor Vehicle (EC Type Approval) Regulations LN

95/02 published under the Product Safety Act (Cap 427) ), or for newly manufactured

vehicles

— the competent validation Services in the country of registration;

— the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country of registration, or

— a combination of the competent validation Services in the country of registration and the

vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country of registration, when all the equipment is not fitted by the vehicle Manufacturer.

In any event, should an on-the-spot check show that the emission values and safety requirements given

on the certificate are not fulfilled, it is considered that the technical specifications have not been met.

In such a case, the certificate is deemed to be invalid.

To facilitate and speed up frontier crossing, it is strongly recommended that greener and safe lorries

should display at the front of the vehicle a “magnetic” badge or sticker modelled on that reproduced in

Annex 10 of the ECMT Agreement. The badge shall be green (background) and white (border) and

bear the inscription “S” in white (Sur=Safe=Sicher).

3. The “EUR03 safe” lorry scheme

The requirements for the “EUR03 safe” lorry are the following

Noise emissions for the vehicle

(as laid down in the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) or in ECE Regulation No. 51/02 and KDV 1967 4 )

78 dB (A) for vehicles < 150 kW

80 dB (A) for vehicles > 150 kW

Chemical exhaust emissions for diesel engines

(as laid down in ECE Regulation No. 49/03 5 , approval A or the Motor Vehicle (EC Type Approval)

Regulations LN 95/02 published under the Product Safety Act (Cap 427) , and according to ESC and

ELR test cycles)

CO

2.1g/kWh

HC

0.66g/kWh

NOx

5.0g/kWh

Particles: 0.10[0.13 6 ]g/kW corrected value of the Absorption coefficient 0.8m -4

(as laid down in ECE Regulation No. 49/03 5 , approval A or in the Motor Vehicle (EC Type Approval)

Regulations LN 95/02 published under the Product Safety Act (Cap 427) , and according to ETC test

cycle)

CO: 5.45g/k/WH

NM.HC

0.78g/kWh

CH4 4

1.6 g/kWh

Nox

5.0g/kWh

0.16[0.21’ 7 ]g/kWh

Particles

KDV - Krattfahrgesetz-Durchfiihrungsverordnung = HGV Act implementing regulations (Austria).

As soon as the amendment including the provisions of Directive 1999/96/EC is implemented.

For engines having each cylinder under a 0.75 dm 3 and nominal regime above 3000 min

7. Only for natural gas engines and according to the provisions set up for ETC tests (cf. Annex III, Appendix 2. point 3.9 Directive

1999/96/EC)

B

Minimum technical and safety requirements

1. Vehicles and their trailers must have a minimum tread depth of 2 mm on all tyres.

2. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the regulations

quoted must have a rear underrun protection device (according to ECE Regulation N° 58/01 or

the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product

Safety Act (Cap 427) ).

3. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to in the regulations

quoted, must have lateral underrun protection guards, in accordance with ECE Regulation N°

73/00 or the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under the

Product Safety Act (Cap 427) .

4. Vehicles must have rear mirror according to ECE/UN Regulation R.46/01 or to the Motor

Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act

(Cap 427) .

5. Vehicles must have lighting and light signalling devices, in accordance with ECE Regulation

R.48/01 or with the Motor Vehicle (EC Type Approval) Regulations LN 95/02 published under

the Product Safety Act (Cap 427) .

6. Vehicles must use a tachograph, in accordance with ECE “AETR Agreement” or the

regulations regulating weights, dimensions and equipment for motor vehicles .

7. Vehicles must have speed limitation devices according to ECE Regulation R.89 or according to

any other relevant regulations issued under the Traffic Regulation Ordinance (Cap 65)

8. Heavy and long vehicles must have retroreflecting rear marking plates according to ECE

Regulation R. 70/01.

9. Vehicles must have anti-lock brakes (in accordance with ECE Regulation R.I 3/09 or the Motor

Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act

(Cap 427) ).

10. Vehicles must have a steering device in accordance with ECE Regulation R.79/01 or the Motor

Vehicle (EC Type Approval) Regulations LN 95/02 published under the Product Safety Act

(Cap 427).

Vehicles must fulfil the requirements concerning the roadworthiness test as laid down in the Motor

Vehicle (Roadworthiness Test) Regulations 1998. In compliance with these Regulations, the

roadworthiness test has to be passed every year, so that the certificate of compliance must not be older

than 12 months.

Furthermore, ECMT licences for the “EUR03 safe” lorry can only be used by vehicles which comply

with the technical specifications set out above and are valid only if they are accompanied by fully

completed certificates indicating compliance with these technical and safety standards.

The certificates are available either in English or in French. They must be accompanied by translations

into two other languages, which are German and the national language of the country of registration of

the vehicle.

The certificate concerning noise and exhaust emissions requirements for “EUR03 safe” lorries, can be

filled in by the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country of registration. In the latter case, the authorised Representative has also to indicate the name of

the manufacturer of whom he is the authorised Representative.

B

This certificate is issued once for the vehicle and does not have to be renewed, unless the basic data

indicated on it, for any kind of emissions, have been changed. The certificate concerning safety

requirements for “EUR03 safe” lorries, can be filled in either by the competent validation Services in

the country of registration, if this country does not authorise Representatives of Manufacturers

— the vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country

of registration, or

— a combination of the competent validation Services in the country of registration and the

vehicle Manufacturer, or the authorised Representative of the Manufacturer in the

country of registration, when all the equipment is not fitted by the vehicle Manufacturer.

In case of an “authorised Representative”, he has also to indicate the name of the manufacturer of

whom he is the authorised Representative. The certificate concerning safety requirements for “EUR03

safe” lorries has to be renewed at least every year, by means of a roadworthiness test.

Furthermore, minimum safety requirements are required for both the vehicle itself and the trailer.

Therefore, a specific certificate should be filled-in for trailers when they are registered and checked for

roadworthiness test.

These various certificates must be filled-in according to the provisions set out in the respective

Annexes of the ECMT Agreement, by

— the Body or Establishment designated and directly supervised by the State of

Registration for the purpose of the Motor Vehicle (Roadworthiness Test) Regulations

1998, or

— for newly manufactured vehicles

— the competent validation Services in the country of registration;

— the vehicle Manufacturer, or the authorised Representative of the Manufacturer in

the country of registration, or

— a combination of the competent validation Services in the country of registration

and the vehicle Manufacturer, or the authorised Representative of the Manufacturer

in the country of registration, when all the equipment is not fitted by the vehicle

Manufacturer.

In any event, should an on-the-spot check show that the emission values and safety requirements given

on the certificate are not fulfilled, it is considered that the technical specifications have not been met.

In such a case, the certificate is deemed to be invalid.

To facilitate and speed up frontier crossing, it is strongly recommended that EUR03 safe lorries should

display at the front of the vehicle a “magnetic” badge or sticker modelled on that reproduced in Annex

10 of the ECMT Agreement. The badge should be green (background) and white (border) and bear the

inscription “3” in white (3=EUR03).

B

Minimum level of training.

(Regulation 51)

(Thick Pink Paper- format DIN A4)

(First Page of Cabotage Authorisation)

(Text to be worded in English and Maltese)

COMMISSION OF

(Impressed stamp of

MALTA

THE EUROPEAN

the Commission of

TRANSPORT

COMMUNITIES

the European

M

AUTHORITY

Communities

Cabotage Authorisation No ………….

For the national carriage of goods by road in Malta performed by a

non-resident haulier (cabotage)

This authorisation entitles

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

(Name, or registered business name, and full address of the haulier)

to carry goods by means of a motor vehicle or a coupled combination of vehicles within Malta where

he is not established in Malta and to move such vehicle or combination of vehicles unladen over any

part of Malta, as laid down in the Motor Vehicles (Carriage of Goods by Road) Regulations and

subject to the general provisions of this authorisation.

From…………………………….. to………………………………………..

Issued at…………………………………… date………………………………………

B

(b)

(Second page of cabotage authorisation)

(Text to be worded in the Maltese and English)

General provisions

This authorisation permits the national carriage of goods by road in Malta by non-resident hauliers.

This authorisation is personal to the holder and non-transferable.

This authorisation may be withdrawn by the Malta Transport Authority or, where the authorisation is a

forgery, by the competent authorities in the countries in which the cabotage transport operations are

carried out.

This authorisation may be used for only one vehicle at a time.

In the case of a coupled combination of vehicles, this authorisation shall accompany the motor vehicle.

This authorisation must be carried in the vehicle and must be accompanied by a book of record sheets

for all national cabotage operations effected under it.

The cabotage authorisation and the book of record sheets must be filled in before the cabotage

operations begin.

The authorisation and the book of record sheets for national cabotage operations must be produced

together whenever required by an authorized inspecting officer.

The performance of cabotage transport operations shall be subject to the laws, regulations and

administrative provisions in force in Malta in the following areas

(a) rates and conditions governing the transport contract;

(b) the regulations regulating weights, dimensions and equipment for motor vehicles .

(c) requirements relating to the carriage of certain categories of goods, in particular dangerous goods,

perishable foodstuffs, live animals;

(d) driving and rest time;

(e) VAT on transport services.

The technical standards of construction and equipment which vehicles used to carry out cabotage

operations must meet those laid down for vehicles put into circulation in international transport.

This authorisation must be returned to the Malta Transport Authority within eight days following its

date of expiry.

B

Driving Licence.

(Regulation 56)

(a)

(Format DIN A4)

(Front cover of book of record sheets)

(Text in Maltese and English)

Malta

Malta Transport Authority

M

Book No. ……….

BOOK OF RECORD SHEETS FOR NATIONAL CABOTAGE TRANSPORT OPERATIONS

CARRIED OUT UNDER CABOTAGE AUTHORISATION NO. ……….

This book is valid until ……………………………………………………………………………….( 1 )

Issued at ……………………………………… date ……………………………………………….

( 2 )

1 The period of validity may not exceed that of the cabotage authorisation.

Stamp of the competent authority or agency issuing the book

B

(b)

(Inside front cover of book of records sheet)

(Text in Maltese and/or English)

General Provisions

1. This book of record sheets contains 25 detachable sheets, numbered 1 to 25, on which details

must be given, at the time of loading, of all goods transported under the cabotage authorisation

to which they relate. Each book is numbered and that number is marked on every page of the

book.

2. The haulier is responsible for the proper completion of the records of national cabotage

operations.

3. The book must accompany the cabotage authorisation to which it relates and be kept on board

the vehicle travelling laden or unladen under the said authorisation. It must be produced

whenever required by an authorized inspecting officer.

4. Record sheets must be used in numerical order and the successive loading operations must be

entered in chronological order.

5. Each item in the record sheet must be completed accurately and legibly by printing in

indelible ink.

6. Not later than eight days after the end of the month to which the sheet relates, each completed

record sheet must be returned to the Malta Transport Authority. Where an operation spans two

census periods, the date of loading determines the period which the record must cover (e.g. an

operation beginning towards the end of January and ending in the early part of February

should be included in the January return).

B

(c)

(Front of the page inserted before the 25 detachable sheets)

(Text in Maltese and English )

Explanatory notes

The information to be given on the following sheets relates to all goods transported under the cabotage

authorisation to which this record book relates.

A separate line on this sheet must be completed for each consignment of goods loaded.

Column 2: give, where appropriate, the information requested by the Malta Transport Authority;

Column 3: give the day (01, 02 . . . 31) of the month indicated at the top of the sheet during which the

vehicle departed under load;

Column 4 and 5: specify the place and, if necessary to make this clear, the department, province,

‘Land’, etc.;

Column 7: state the distance travelled between the place of loading and the place of unloading;

Column 8: give the weight in tonnes to one decimal point (e.g. 10,0 t) of the consignment of goods in

the same way as for the customs declaration; do not include the weight of containers or pallets;

Column 9: in addition, describe as accurately as possible the goods in the consignment;

Column 10: for official use only.

(d)

Name and address of haulier

Day/Month/Year

GOODS CARRIED

Authorisation number

Book number

Record sheet number

B

Certificate of professional competence.

(Regulation 19)

Ministry for Transport and Communications

M

Malta Transport Authority

Driver Attestation No …

for the international carriage of goods by road for hire or reward under

a Community Authorisation

This attestation certifies that on the basis of the documents presented by

(Name and business address of the haulier)

the following driver

Name and Forename: ________________________________________________________________

Date and place of birth: ________________________ Nationality: ____________________________

Date of issue: ______________________________ Place of issue: ____________________________

Driving Licence Number: _____________________________________________________________

Date of issue: _____________________________ Place of issue: _____________________________

Social Security Number: ______________________________________________________________

Is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate,

the collective agreements, in accordance with the laws and regulations in force in Malta, on the

conditions of employment and of vocational training of drivers in force in Malta to carry out road

transport operations in Malta.

Particular Remarks: __________________________________________________________________

This attestation shall be valid from ______________________ to _____________________________

Issued in _____________________________________ on __________________________________

Signature and stamp of the Authority

B

(Second page of the Attestation)

(Text in Maltese or English)

GENERAL PROVISIONS

This attestation is issued under the Motor Vehicles (Carriage of Goods by Road) Regulations.

It certifies that the driver named therein is employed, in accordance with the laws, regulations or

administrative provisions and, as appropriate, the collective agreements, in accordance with the rules

applicable in Malta mentioned on the attestation, on the conditions of employment and vocational

training or drivers applicable in Malta to carry out road transport operations in Malta.

The driver attestation shall belong to the haulier , who puts it at the disposal of the driver designated

therein when that driver drives a vehicle as defined in the regulations, engaged in carriage using a

community authorisation issued to that haulier. The driver attestation is not transferable. The driver

attestation shall be valid only as long as the conditions under which it was issued are still satisfied and

must be returned immediately by the haulier to the Authority if these conditions are no longer met.

It may be withdrawn by the Authority, in particular where the haulier has

-

not complied with all the conditions for using the attestation;

-

supplied incorrect information with regard to the data needed for the issue or extension of

the attestation.

A certified true copy of the attestation must be kept in the vehicle and must be produced by the driver

whenever required by an authorised inspecting officer.

Driver attestation for hauliers using drivers who are nationals of non-

Agreement State.

Validity period.

Minimum ages for drivers’ mates.

Applicability of AETR.

Daily driving periods.

24. Breaks.

Daily rest period.

Interruption of daily rest period.

Payments to wage-earning drivers.

Road and personal safety.

Undertakings to organise drivers’ work.

Exceptions.

PART IV

MARKET ACCESS

Access to the National Market

Haulier’s licence.

Access to the Community Market

32. Liberalisation.

33. Exemptions.

International carriage of goods.

Rejecting an application.

Withdrawal of authorisation and attestation.

Appeals.

Access to the Market in ECMT Member Countries

Road haulage in ECMT Members.

Obtaining ECMT licence.

Use of ECMT licence.

Vehicle covered by licence.

Name of person operating the vehicle.

43. Exemptions.

44. Logbook.

Requirements for validity.

Withdrawn or surrendered ECMT licences.

Cancellation or replacements of ECMT Licences.

Access to the Market in Other Countries

Bilateral Agreements.

Access to the National Market by Non-Resident Hauliers

Established in Agreement States (‘Cabotage’)

Entitlement to carry out cabotage.

Own account.

51. Format.

52. Holders.

Title of vehicles.

Hiring by a haulier.

Period of validity.

Book of record sheets.

57. Conditions.

Production of authorisation.

Technical standards.

PART V

USE OF VEHICLES WITHOUT DRIVERS UNDER

NATIONAL OPERATION

Use of vehicles without drivers.

PART VI

RATES AND CONDITIONS FOR THE CARRIAGE

OF GOODS BY ROAD

Rates to be set by free agreement.

Power to request information.

PART VII

USE OF GOODS VEHICLES IN MALTA

Vehicle safety.

Securing of loads.

Load height.

Damage to highways.

Exhaust emissions.

Stopping of goods vehicles.

Parking of goods vehicles.

Loading and unloading of goods vehicles.

Carriage of passengers.

Carriage of fish and meat.

Carriage of dangerous goods.

PART VIII

COMBINED TRANSPORT OF GOODS

Combined transport.

Details to be recorded.

Hauling on final section.

Own account sections.

PART IX

INSPECTIONS

Presentation of authorisation.

Powers of inspections.

Inspections at quayside or roadside.

Elements of checks.

Inspections at premises.

Checks at the request of the Authority.

PART X

AMENDING PROVISIONS

84. Amendment to L.N. 128 of 1994.