160 tal-2003 - Regolamenti tal-2003 dwar il-Ġarr Stradali tal-Passiġġieri bill-Vetturi bil-Mutur

L.N. 160 of 2003

MOTOR VEHICLES (CARRIAGE OF PASSENGERS BY

ROAD) REGULATIONS, 2003

PART I

PRELIMINARY

Regulation

Title and commencement.

2. Definitions.

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

Report

Part 2 – Carrier trading as a limited liability company –

Accountant’s Report

Part 1 – Certificate of professional competence

Part 2 – List of subjects referred to in Regulation 9

Organisation of the examination

Present regulations to prevail.

Minimum training necessary for the award of a certificate of

professional competence for international drivers in the

carriage of passengers

Cap 377.

PART II

ADMISSION TO THE OCCUPATION OF ROAD PASSENGER

TRANSPORT OPERATOR

5. Authorisation.

Community Licence

Authorisations for regular and special regular services

Requirements to engage in the occupation of road passenger

transport operator.

Application for authorisation for regular services

Good repute and good conduct.

Journey form for occasional services

General provisions common to international occasional services

and occasional services in the form of cabotage

Provisions specific to international occasional services

Provisions specific to occasional services in the form of cabotage

Appropriate financial standing.

Certificates for own account transport services

L.N. 160 of 2003

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MOTOR VEHICLES (CARRIAGE OF PASSENGERS 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 1

PRELIMINARY

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

commencement.

(Carriage of Passengers 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 the regulations.

2. For the purpose of these Regulations and unless the context Interpretation

otherwise requires

“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 a 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 the Authority

or the competent authorities in Agreement States entitling the holder

to carry out road passenger transport 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 passenger

transport services for hire or reward, by a non-resident carrier

within the territory of a country other than that in which he is

resident or registered to carry out such operations for a temporary

period;

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

passenger transport operations whether for profit or otherwise;

“Community authorisation” means an authorisation obtained

by an undertaking established in an Agreement State from the

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

Authority permitting the holder to carry out carriage operations in

the Agreement States;

“country of establishment” means that country in which the

non-resident carrier 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 is duly licensed in accordance with

the Motor Vehicles (Driving Licences) Regulations, 2002;

“hire or reward” means the carriage of passengers other than

on own account, that is to say against payment by the person

transported or by the transport organiser;

“night time” shall mean the period between the hours of 00:00

and 07:00;

“night work” shall mean any work performed during night

time;

“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;

“Occasional services” in the context of international carriage

of passengers by road means services which do not fall within the

definition of regular services, including special regular services,

and whose main characteristic is that they carry groups constituted

on the initiative of a customer or of the carrier himself; these

services shall not cease to be occasional services solely because

they are provided at specified intervals;

“occupation of road passenger transport operator” shall mean

the activity of any undertaking operating, by means of motor

vehicles so constructed and equipped as to be suitable for carrying

more than nine persons - including the driver - and intended for

that purpose, passenger transport services for the public or for

specific categories of users for hire or reward;

“Passenger Transport Operator’s Licence” means a licence

issued by the Authority to national carriers;

“Own account transport operations” means those passenger

transport operations carried out for non commercial and non-profit-

making purposes by a natural or a legal person, provided that the

following conditions are fulfilled

- the transport activity is only ancillary to the overall

activities of the undertaking; and

- the vehicles used are the property of that natural or

legal person or have been obtained on deferred terms by them

or have been the subject of a long-term leasing contract and

are driven by a member of the staff of the natural or legal

person or by the natural person himself;

“passenger transport vehicles” means motor vehicles which,

by virtue of their type of construction and equipment, are suitable

for carrying more than eight passengers and one driver, and are

intended for that purpose;

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

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

Licences) Regulations, 2002 or comparable roads in other states;

“regular services” shall refer to carriage of passengers by

passenger transport vehicles at specified intervals along specified

routes, passengers boarding and disembarking at predetermined

stopping points;

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

during which the driver may freely dispose of his time;

“self-employed driver” shall mean anyone whose main

occupation is to transport passengers or goods by road for hire or

reward, who is entitled to work for himself and who is not subject

to an employment contract or any contract of works as defined in

article 1633 of the Civil Code;

“special regular services” means regular services which

provide for the carriage of specified categories of passengers, to

the exclusion of other passengers, at specified intervals along

specified routes, passengers boarding and disembarking at

predetermined stopping points. They shall include inter alia

(a)

the carriage of workers between home and work;

(b) carriage to and from an educational institution for

school pupils and students;

(c) the carriage of soldiers and their families between

their homes and the area of their barracks;

“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 these regulations;

“week” means the period between the hours of 00:00 on

Monday and 24.00 on the following Sunday.

3. If anything contained in these regulations is inconsistent or in Present regulations

conflict with the Motor Vehicles Regulations, 1994 and amendments to prevail.

thereof, 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 PASSENGER

TRANSPORT OPERATOR

5. (1) No person shall engage in the occupation of passenger Authorisation

transport operator for hire or reward unless duly authorised. The

Authority shall issue a Passenger Transport Operator’s Licence to any

undertaking that proposes to use passenger transport vehicles and

satisfies the conditions of these regulations and other requirements which

the Authority may establish.

(2)

A Passenger Transport Operator’s Licence shall be

issued in the name of a natural person authorised to represent the

undertaking.

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

engage in the

passenger transport operator as set out in these regulations, shall

occupation of road

passenger transport

operator

(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), but satisfies

paragraphs (a) and (b) of subregulation (1), the Authority may

nevertheless permit that person to engage in the occupation of a road

passenger transport operator provided that he designates to the Authority

a person who can satisfy paragraphs (a) and (c) of subregulation (1), on

condition that the applicant shall continuously and effectively manage

the road passenger transport 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 road passenger transport

operation in accordance with these Regulations.

7. (1) A person shall not be deemed to satisfy the condition of

good repute and conduct if he

(a) has been convicted during the last five years of serious

criminal offences 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

passenger transport operator under any rules in force;

(d) has been convicted of serious, repeated offences against

rules in force concerning

(i) the pay and employment conditions in the

profession or,

(ii) 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) 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.

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

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 operation(s) and

(a)

annual accounts of the undertaking, if any;

(b) 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

(i) Lm 3,600 for the first or only vehicle which is to be

authorised under the licence; and,

(ii) Lm 2,000 for each additional vehicle which is to

be authorised.

(4) For the purpose of regulation 6, 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. 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.

9. The conditions relating to professional competence shall be Professional

satisfied if the applicant demonstrates that he possesses the requisite competence

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 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.

10. (1) The Authority may exempt from examination, or part Exemptions

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

experience in the management of a road passenger transport undertaking.

(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

6. The requirement of paragraph (a) of subregulation (1) of regulation 6

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

Authority at the time of application.

11. (1) The Authority shall require the carrier to submit

evidence at least every 5 years or at the Authority’s discretion that he

continues to fulfil the requirements of subregulation (1) of regulation 6.

(2) The Authority may withdraw a licence on the following

grounds

(a) where the holder no longer satisfies the conditions

laid down in subregulation (1) of regulation 6; or

(b) where the holder has supplied incorrect information

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

licence; or

(c) where the holder has breached any of the conditions

of the licence 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.

(3) In the event of serious infringements of these regulations,

the Authority may suspend or revoke the licence. Such suspension or

revocation 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 Authority

Act.

(4) Where offences against the rules governing road

passenger transport have been committed by a non-resident carrier and

might lead to withdrawal of the Passenger Transport Operator’s Licence,

the Authority shall provide the Agreement State in which the carrier is

established with all the information in its possession concerning those

offences and the penalties imposed.

12. In the event of the death or physical or legal incapacity of Death

incapacity

the natural person engaged in the profession of road passenger transport

operator or of the natural person who satisfies the requirements of

subregulation (1) of regulation 6, 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 9 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

13. The minimum age for drivers engaged in the carriage of Minimum ages of

passengers by road shall be as specified in the Motor Vehicles (Driving drivers.

Licences) Regulations, 2002.

L.N. 191 of 2002.

14. Regulations 15 to 24 shall only apply to international carriage International

carriage.

of passengers by road.

15. (1) (a) The minimum level of training for drivers to Minimum level of

engage in the international carriage of passengers by road shall training.

consist of a course covering the subjects provided in the Third

Schedule to these regulations.

(b) Upon completion of such course the Authority shall issue

a certificate of professional competence.

(c) Such certificate shall be valid for the exercise of the

road passenger transport profession only if the holder has also

obtained a national driving licence for vehicles intended for the

carriage of passengers 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.

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

competence to drivers who meet the requirements laid down in regulation

15. (2) Rights acquired pursuant to regulation 15 prior to the

entry into force of these regulations shall remain valid in the same way

as certificates issued pursuant to these regulations.

17. 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 passenger 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, a Contracting Party to the AETR 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

Agreement States or between Malta and an Agreement State where

such operations are carried out by vehicles registered in one of

those countries.

18. (1) Any driver engaged in the international carriage of

passengers shall have reached the age of 21 years.

(2) Any driver engaged in the international carriage of

passengers must also fulfil one of the following conditions

(a) he must have worked for at least one year in the

carriage of goods as a driver of vehicles with a permissible

maximum weight exceeding 3.5 tonnes;

(b) he must have worked for at least one year as a driver

of vehicles used to provide passenger services on journeys in

Malta, or other types of passenger services not governed by

these regulations, provided the Authority considers that he

has by so doing acquired the necessary experience;

(c) he must hold a driver’s certificate of professional

competence in Malta or an equivalent certificate recognised

by an Agreement State confirming that he has completed a

training course for drivers of vehicles intended for the carriage

of passengers by road, which course is in conformity with

the Third Schedule to these regulations.

19. (1) (a) The daily driving period shall not exceed nine Daily driving period

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 21.

(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.

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

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.

21. (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 paragraph (a), 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 the preceding subregulations 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 the vehicle is fitted with a bunk and is stationary.

22. (1) Notwithstanding subregulation (1) of regulation 21,

Interruption of daily

where a driver engaged in the carriage of passengers accompanies a

vehicle which is transported by ferryboat or train, the daily rest period

may be interrupted once only, provided the following conditions are

fulfilled

- 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,

- 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,

- during both portions of the rest period the driver must be

able to have access to a bunk or couchette.

(2) The daily rest period, interrupted in this way, shall be

increased by two hours.

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

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

amount of passengers carried shall constitute an offence under these

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

road safety

Provided that 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 these provisions on the

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

24. (1) The undertaking shall organise drivers’ work in such a Undertakings to

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

work

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.

Part IV

MARKET ACCESS

Access to the National Market

25. (1) In order to carry out national passenger transport Passenger Transport

Operator’s Licence.

operations using passenger transport vehicles on a permanent basis,

any undertaking must possess a Passenger Transport Operator’s Licence

provided for in regulation 5.

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

true copy of the Passenger Transport Operator’s Licence for every

vehicle for which it is to be used.

(3) The vehicles for which the Passenger Transport

Operator’s 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.

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

necessary governing the requirements of national passenger transport

operations and market access.

Access to the International Market

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

Licence.

accordance with the model set out in the Fourth Schedule to any

passenger transport operator fulfilling the following conditions

(a) he holds a Passenger Transport Operator’s Licence

issued under regulation 5;

(b) he satisfies the conditions laid down in accordance

with rules in Agreement States on admission to the occupation

of road passenger transport operator in national and

international transport operations in accordance with

regulation 6;

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

the standards for drivers and vehicles are concerned.

(2) In order to carry out international passenger transport

operations using passenger transport vehicles between Malta and

Agreement States for hire or reward or on own account, any carrier

satisfying the criteria laid down in subregulation (1) of regulation 26

must hold a Community Licence issued by the competent authority of

the Agreement State of establishment in accordance with the model set

out in the Fourth Schedule for these regulations.

(3) The Authority shall issue the holder with the original of

the Community Licence, which shall be kept by the carrier, and the

number of certified true copies corresponding to the number of vehicles

used for the international carriage of passengers at the disposal of the

holder of the Community Licence, either in full ownership, or in another

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

or a leasing contract.

(4) The Community Licence shall be issued in the name of

the carrier 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 Licence shall replace the document

issued by the Authority certifying that the carrier has access to the market

for the international carriage of passengers by road.

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

least every five years thereafter, the Authority shall verify whether the

carrier satisfies or continues to satisfy the conditions laid down in

subregulation (1) of regulation 26.

(8) Where the conditions referred to in subregulation (1) of

regulation 26 are not satisfied, the Authority shall refuse to issue or

renew a Community Licence by means of a reasoned decision.

(9) A Community Licence shall also be valid for national

transport operations.

(10) Each vehicle carrying out a service subject to

authorisation shall have on board a Passenger Transport Operator’s

Licence or a copy certified by the issuing authority or agency.

27. (1) The Authority may withdraw a Community Licence on Withdrawal of

Community Licence

the following grounds

(a) where the holder no longer satisfies the conditions

laid down in regulation 26; 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 of these

Regulations, the Authority may inter alia temporarily or partially suspend

the authorisation, whether such authorisation has been issued in Malta,

an Agreement State or in any other country. Such suspension 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.

28. Any decision by the Authority in accordance with regulation Right of appeal

27 shall be subject to appeal before an appeals board to be set up Cap 372

according to the provisions of the Malta Transport Authority Act.

29. (1) Occasional services shall not require any other specific Occasional Services

authorisation other than a Community Licence.

(2) Occasional services may be provided by a group of

carriers acting on behalf of the same contractor, and passengers may

establish a connection en route, with a different carrier engaged by the

same contractor, in the territory of an Agreement State.

(3) The names of such carriers and the connection points

en route shall be communicated to the Authority upon their arrival in

Malta within 48 hours.

(4) Empty journeys by vehicles in connection with the

transport operations referred to in subregulations (1) to (3) hereof shall

not require any authorisation.

(5) A carrier established in Malta may carry out local

excursions in an Agreement State and a carrier established in an

Agreement State may carry out such excursions in Malta. Such services

shall be intended for non-resident passengers previously carried by the

same carrier on an international occasional service and must be carried

out with the same vehicle or another vehicle from the same carrier or

group of carriers.

30. (1) Special regular services shall not require any other

specific authorisation other than a Community Licence if they are

covered by a contract concluded between the organiser and the carrier.

(2) Any carrier for hire or reward referred to in regulation

26 shall be permitted to carry out special regular services without

discrimination as to nationality or place of establishment if the said

- is authorised in the Agreement State of establishment

to undertake carriage by means of regular services including

special regular services or occasional services by road

passenger transport vehicles;

- satisfies the conditions laid down in accordance with

any laws and regulations in Malta or equivalent regulations

in the Agreement State of establishment governing market

access;

- satisfies the legal requirements and standards on road

safety for drivers and vehicles.

(3) Any own-account carrier shall be permitted to carry out

special regular services without discrimination as to nationality or place

of establishment if the said carrier

- is authorized in the country of establishment to

undertake carriage by passenger transport vehicles in

accordance with any laws and regulations in force in Malta

or equivalent regulations in the Agreement State of

establishment governing market access;

- satisfies the legal requirements and standards on road

safety for drivers and vehicles.

(4) Empty journeys by vehicles in connection with the

transport operations referred to in subregulations (1) and (2) shall not

require any authorisation.

31. (1) Passengers using a regular service shall throughout their Regular Services.

journey possess transport tickets, either individual or collective, which

indicate

- the points of departure and destination and, where

appropriate, the return journey;

- the period of validity of the ticket;

- the price of the transport.

(2) Such transport ticket shall be presented at the request of

any authorised inspecting officer.

32. Regular services and special regular services not covered by Authorisation for

a contract between the organiser and the carrier shall require regular

liberalised special

authorisation in accordance with regulations 31 to 40.

regular services

33. (1) Authorisations shall be issued in the name of the carrier Nature of

for a period of validity of five years and shall conform to the model in Authorisation.

the Fifth Schedule of these regulations.

(2) Authorisations shall entitle the holder(s) to operate

regular services in the territories of all Agreement States over which

the routes of the service pass as well as in Malta.

(3) (a) A carrier who has received an authorisation may,

with the consent of the Authority, operate the service through a sub-

contractor. In this case, the name of the latter undertaking and its role as

sub-contractor shall be indicated in the authorisation.

(b) The sub-contractor mentioned in subparagraph (a)

must fulfil the conditions laid down in subregulation (1) of

regulation 26.

(c) In the case of undertakings associated for the

purpose of operating a regular service, the authorisation shall

be issued in the names of all the undertakings

(4) The operator of a regular service may use additional

vehicles to deal with temporary and exceptional situations. In this case,

the carrier must ensure that the following documents are carried on

such additional vehicles

- a copy of the authorisation of the regular service,

- a copy of the contract between the carrier operating

the regular service and the undertaking providing the

additional vehicles or an equivalent document,

- a certified true copy of the Community Licence

issued to the carrier operating the regular service.

34. (1) Applications for authorisation of regular services

starting in Malta shall conform to the Sixth Schedule to these regulations.

(2) Authorisations shall be issued in agreement with the

authorities of all the Agreement States in whose territories passengers

board or disembark.

35. (1) An authorisation for a regular service shall lapse at the

end of its period of validity or three months after the Authority has

received from its holder notice of his intention to withdraw the service.

Such notice must contain a proper statement of reasons.

(2) Where demand for a service has ceased to exist, the

period mentioned in subregulation 1 shall be reduced to one month.

(3) The holder of the authorisation shall notify users of the

service concerned of its withdrawal one month beforehand by means of

publication in the Gazette.

36. (1) Save in the event of force majeure, the carrier operating

a regular service shall, until the authorisation expires, take all measures

to guarantee a transport service that fulfills standards of continuity,

regularity and capacity and complies with the other conditions as laid

down by the Authority in accordance with subregulation (3) of regulation 30.

(2) The carrier shall display the route of the service, the

bus stops, the timetable, the fares and the conditions of carriage insofar

as these are not laid down by law, and in such a way as to ensure that

such information is readily available to all users.

37. (1) The services referred to in subregulation (4) of Journey form.

regulation 30 shall be covered by a journey form, the requirements of

which are set out in the Seventh Schedule to these regulations.

(2) A carrier operating occasional services shall fill out a

journey form before each journey.

38. (1) Own-account road passenger transport operations shall Own account

transport operators.

be exempt from any system of authorisation but shall be subject to a

system of certificates.

(2) Such certificates shall be issued by the Authority when

the vehicle is registered in Malta and shall be valid for the entire journey

including transit for up to a maximum of five years. They must conform

to the model in the Eighth Schedule to these regulations.

(3) The certificate or a certified true copy shall be carried

on board the vehicle and shall be presented to an authorised inspecting

officer upon demand.

39. Undertakings requesting a certificate shall provide the Evidence of

Authority with evidence that the conditions laid down in the definition compliance

provided.

of ‘own account transport operations’ have been met.

40. Authorisations for services existing on the date of entry into Transitional

provision

force of these regulations shall continue to be valid until they expire

insofar as the services in question remain subject to authorisation.

Access to the market in other countries

41. The Authority shall determine the conditions for market Market access.

access relating to countries with which Malta has bilateral agreements

other than Agreement States and subject to the provisions of such

agreements.

Access to the National Market by Non-Resident Carriers

Established in Agreement States (‘Cabotage’)

42. Any carrier for hire or reward who is a holder of a Community Temporary cabotage

authorisation shall be entitled, under the conditions laid down in these operations.

regulations, to carry out cabotage operations on a temporary basis in

Malta, without having a registered office or other establishment in Malta.

43. (1) Cabotage transport operations shall be permitted in Authorised services.

Malta for the following services

a. special regular services provided that they are covered

by a contract concluded between the organiser and the carrier;

b. occasional services.

(2) Cabotage transport operations for regular services shall

not be authorised in Malta.

Cabotage operations

44. (1) The performance of the cabotage transport operations

in Malta referred to in regulation 42 shall be subject to the laws,

regulations and administrative provisions in force in Malta in relation

to the following areas

i. rates and conditions governing the transport contract;

ii. weights and dimensions of road vehicles shall meet

the conditions of the relevant regulations regulating motor

vehicles’ weights, dimensions and equipment;

iii. requirements relating to the carriage of certain

categories of passengers, such as schoolchildren, children and

persons with reduced mobility;

iv. driving and rest time;

v. VAT (value added tax) on transport services

45. The Community Licence or a certified true copy thereof shall

carried on board the

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

an authorised inspecting officer.

Control documents -

46. Cabotage transport operations in the form of occasional

services shall be covered by a control document - the journey form as

occasional cabotage

contained in the Seventh Schedule to these regulations - which must be

kept on board the vehicle and be produced when requested by an

authorised inspecting officer.

47. In the case of special regular services, the contract concluded

between the carrier and the transport organizer, or a certified true copy

of the contract, shall serve as the control document. However, the

journey form shall be completed in the form of a monthly statement.

48. Journey forms used shall be returned to the Authority in

accordance with procedures it shall establish.

49. (1) Without prejudice to criminal prosecution, the Authority Penalties.

may impose penalties on non-resident carriers who have committed

infringements of these regulations or of any other laws and regulations

in force in Malta on the occasion of a cabotage transport operation.

(2) (a) The penalties referred to in subregulation (1) may,

inter alia, consist of a warning or, in the event of serious or repeated

infringements, a temporary ban on cabotage transport operations within

Malta, if the infringement was committed in Malta.

(b) Where a falsified Community Licence, falsified

authorisation or falsified certified true copy thereof is

produced, the falsified document shall be withdrawn

immediately and, where appropriate, forwarded as soon as

possible to the competent authority of the carrier’s State of

establishment.

(c) Any penalty imposed by the Authority may extend

to withdrawal of authorisation to pursue the profession of road

passenger transport operator.

(3) The Authority may also, pursuant to national law, arraign

the carrier registered in Malta concerned before a competent court or

tribunal.

Part V

INSPECTIONS

50. (1) The authorisation or control document shall be carried General.

on the vehicle and shall be presented at the request of any authorised

inspecting officer. In the case of the special regular services, the contract

or a certified true copy of it shall serve as a control document.

(2) Carriers operating coaches and buses in international

passenger transport shall allow all inspections intended to ensure that

operations are being conducted correctly, in particular as regards driving

and rest periods. 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.

51. The Authority shall check on the compliance of the

international road passenger transport operator through random checks

carried out at the quayside, roadside or at the premises of the undertaking.

52. Quayside or roadside check shall cover

Elements of checks.

(a)

daily driving periods, daily rest periods, breaks;

(b) last weekly rest period (where appropriate);

(c) technical requirements of the relevant regulations

regulating motor vehicles’ weights, dimensions, and equipment;

(d) any books or documentation relating to journey

authorisation.

53. Checks shall also be carried out at premises of international

road passenger transport undertakings established in Malta. In addition

to the checks in subregulation (2) of regulation 50, these checks 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 organization of

drivers’ working times.

54. 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 undertakings.

JOURNEY FORMS FOR OCCASIONAL SERVICES

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

Professional competence.

10. Exemptions.

Checks on compliance.

Death or other incapacity.

PART III

SOCIAL MEASURES

General Provisions

Minimum age of drivers.

International carriage.

Minimum level of training.

Certificate of professional competence.

Applicability of AETR.

Conditions for drivers engaged in international carriage of

passengers by road.

Daily driving period.

20. Breaks.

Daily rest period.

Interruption of daily rest period.

Payments to wage-earning drivers.

Undertakings to organise drivers’ work.

PART IV

MARKET ACCESS

Access to the National Market

Passenger Transport Operator’s Licence.

Access to the International Market

Community Licence.

Withdrawal of Community Licence.

Right of appeal.

Occasional services.

Special regular services.

Regular services.

Authorisation for regular and non-liberalised special regular

services.

Nature of Authorisation.

Submission of applications for authorisation.

Authorisation procedure.

Lapse of authorisation

Obligation of carriers.

Journey forms.

Own account transport operators.

Evidence of compliance to be provided.

Transitional provision.

Access to the market in other countries

Market access.

Access to the National Market by Non-Resident Carriers

Established in Agreement States (‘Cabotage’)

Temporary cabotage operations.

Authorised services.

Cabotage operations subject to Maltese laws.

Licence to be carried on board the vehicle.

Control documents – journey forms for occasional cabotage

operations.

Control document.

Journey forms.

Penalties.

PART V

INSPECTIONS

50. General.

Inspections at quayside or roadside.

Elements of checks.

Inspections at premises.

Checks at the request of the Authority.