162 tal-2003 - Regolamenti tal-2003 dwar Piżijiet, dimensjonijiet u tagħmir tal-Vetturi bil-Mutur

L.N. 162 of 2003

MOTOR VEHICLES (WEIGHTS, DIMENSIONS AND EQUIPMENT)

REGULATIONS, 2003

PART I

PRELIMINARY

Regulation

1. Title.

2. Definitions.

General maximum weights and dimensions and related

characteristics of vehicles

Maximum weights and dimensions for passenger transport vehicles

registered in Malta and used exclusively in Malta

Classification of passenger vehicles.

Plate relating to dimensions

Classification of good vehicles.

Vehicles exempted from the requirement of installing

recording equipment

Classification of Trailers.

6. Conflict.

Procedures for checking and inspecting

recording equipment

L.N. 162 of 2003

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Weights, Dimensions and Equipment)

Regulations, 2003

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

Regulation Ordinance, 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 is the Motor Vehicles

(Weights, Dimensions and Equipment), 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. “advanced recording equipment” means recording apparatus

equipped with card readers for insertion of driver memory cards,

an integrated or separate printer, display instruments and facilities

for downloading the data memory in accordance with the

requirements to be established by the Authority<

“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<

“articulated vehicle” means the combination of a mechanically

propelled vehicle (other than a bicycle) and a drawn vehicle

attached by partial superimposition and so constructed and attached

that not less than 20 per cent of the weight of the drawn vehicle is

borne by the mechanically propelled vehicle<

“articulated bus” means a bus consisting of two rigid sections

connected to each other by an articulated section. On this type of

vehicle the passenger compartments in each of the two rigid

sections shall be intercommunicating. The articulated section shall

permit the free movement of travellers between the rigid sections.

Connection and disconnection of the two sections shall be possible

only in a workshop<

“Authority” means the Malta Transport Authority as

established by article 3 of the Malta Transport Authority Act<

“bus” means a vehicle with more than nine seats including

the driver’s seat, constructed and equipped to carry passengers

and their luggage<

“data memory” means an electronic storage system built into

the recording equipment, capable of storing at least 365 calendar

days from the recording equipment. The memory should be

protected in such a way as to prevent unauthorised access to and

manipulation of the data and detect any such attempt<

“driver card (with memory)” means a removable information

transfer and storage device allocated by the authorities of the

Agreement States to each individual driver for the purposes of

identification of the driver and storage of essential data. The format

and technical specifications of the driver card (with memory) shall

meet the requirements to be laid down by the Authority<

“g.v.w.” means gross vehicle weight<

“gross vehicle weight” means the road weight specified by

the manufacturer as being the maximum design weight capacity

for the vehicle, such weight being the combined weight of the

vehicle, the maximum specified load, the driver and a tank full of

fuel<

“main grooves” means the broad grooves in the central part

of the tread surface, which covers about three-quarters of the width

of the tread surface<

“maximum authorised dimensions” means the maximum

dimensions for use of a vehicle, as laid down in the First and Second

Schedules to these regulations<

“maximum authorised weight” means the maximum weight

for use of a laden vehicle, as laid down in the First and Second

Schedules to these regulations<

“maximum authorised axle weight” means the maximum

weight of a laden axle or group of axles< as laid down in the First

and Second Schedules to these regulations<

“Minister” means the Minister responsible for transport in

Malta<

“motor vehicle” means any mechanically self-propelled

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

rails<

“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<

“public highway” means national arterial, distributor, access

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

Licences) Regulations, 2002<

“recording equipment” or “tachograph” means the total

equipment intended for installation in road vehicles to show, record

and store automatically or semi-automatically details of the

movement of such vehicles and of certain work periods of their

drivers<

“Scheduled Bus Service” means the regular national bus

service as authorised by the Authority<

“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<

“speed limitation device” means a device whose primary

function is to control the fuel feed to the engine in order to limit

the vehicle speed to the specified value<

“tonne” means the weight executed by the mass of a tonne

and shall correspond to 9,8 kilonewtons (kN)<

“tachograph card” means a smart card intended for use with

recording equipment. It allows for identification by the recording

equipment of the identity (or identity group) of the card holder

and allows for data transfer and storage<

“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<

“vehicle combination” means>

– either a road train consisting of a motor vehicle

coupled to a trailer< or

– an articulated vehicle consisting of a motor vehicle

coupled to a semi-trailer<

“workshop or fitter card” means a tachograph card issued by

the Authority to a recording equipment manufacturer, a fitter, a

vehicle manufacturer or workshop, approved by the Authority.

3. Passenger vehicles shall be classified in the following Classification of

passenger vehicles.

categories>

CATEGORY M

Vehicles for carrying passengers and having either or less than

four wheels, or three wheels and a maximum weight exceeding 1.0

tonne g.v.w. -

– M1 - Passenger carrying vehicles up to a maximum of 8

seats (excluding driver)<

– M2 - Passenger carrying vehicles with more than 8 seats

(excluding driver) and having a maximum weight which does not

exceed 5.0 tonnes g.v.w.<

– M3 - Passenger carrying vehicles with more than 8 seats

(excluding driver) and having a maximum weight greater than 5.0

tonnes g.v.w.

4. Goods vehicles shall be classified in the following categories>

CATEGORY N

Vehicles for carrying goods and having either or less than four

wheels, or three wheels and a maximum weight exceeding 1.0 tonne

– N1 - Goods vehicles having a maximum weight which

does not exceed 3.5 tonnes g.v.w.

– N2 - Goods vehicles having a weight exceeding 3.5 tonnes

but not exceeding 12.0 tonnes g.v.w.

– N3 - Goods vehicles having a maximum weight exceeding

12.0 tonnes g.v.w.

Trailers shall be classified as follows>

5. CATEGORY O

Trailers (which comprise the semi-trailers)

– O1 -Trailers of which the weight does not exceed 0.75

tonnes g.v.w.

– O2 -Trailers having a maximum weight exceeding 0.75

tonnes but not exceeding 3.5 tonnes g.v.w

– O3 -Trailers having a maximum weight exceeding 3.5

tonnes but not exceeding 10.0 tonnes g.v.w.

– O4 - Trailers having a maximum weight exceeding 10.0

tonnes g.v.w.

6. If anything contained in these regulations is inconsistent or in Conflict.

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 null

and void.

7. Part XV and Regulations 111, 205, 224, 226 of the Motor Repeal.

Vehicles Regulations, 1994 are hereby repealed.

Part II

MAXIMUM AUTHORISED DIMENSIONS IN NATIONAL

AND INTERNATIONAL TRAFFIC AND THE MAXIMUM

AUTHORISED WEIGHTS IN INTERNATIONAL TRAFFIC

8. Goods vehicles in categories N2 and N3 and their trailers in Goods Vehicles and

categories O3 and O4 registered in Malta or registered in another State trailers.

and used for circulation in Malta shall comply with limit values in the

First Schedule to these regulations.

9. No vehicle or vehicle combination shall be allowed to circulate Conformity with

First Schedule

in Malta for the national transport of goods in Malta if it is not in requirements.

conformity with the characteristics set out in points 1.1, 1.2, 1.4 to 1.8,

4.2 and 4.4 of the First Schedule to these regulations.

10. The Commissioner of Police in consultation with the Exceptions.

Authority may, in special cases to be decided on a case-by-case basis,

grant permission for the circulation in Malta of vehicles or vehicle

combinations for the national transport of goods which are not in

conformity with the characteristics set out in 1.3, 2, 3, 4.1 and 4.3 of the

First Schedule to these regulations.

11. Passenger transport vehicles (categories M2 and M3 and their Passenger Transport

Vehicles and

trailers in categories O3 and O4) registered in another State and trailers.

circulating temporarily in Malta as part of an international journey or

on cabotage operations shall comply with the limit values established

in the First Schedule to these regulations.

12. Passenger transport vehicles (categories M2 and M3 and their Conformity with

Second Schedule

trailers in categories O3 and O4) registered in Malta which are used requirements.

exclusively in Malta shall comply with the limits established for weights

and dimensions in the Second Schedule to these regulations.

13. The Commissioner of Police in consultation with the Temporary

exceptions.

Authority may allow vehicles or vehicle combinations incorporating

new technologies or new concepts which cannot comply with one or

more requirements of these regulations to carry out certain local transport

operations for a trial period.

14. (1) Goods and passenger transport vehicles in the categories

referred to in this Part complying with these regulations shall carry one

of the following proofs>

(a)

a combination of the following two plates>

(i) the “manufacturer’s plate” established and

attached in accordance with the Motor Vehicles (EC Type

Approval) Regulations,

(ii) the plate relating to dimensions, in accordance

with the Third Schedule, established and attached in

accordance with those same regulations< or

(b) a single plate established and attached in accordance

with Motor Vehicles (EC Type Approval) Regulations and

containing the information on the two plates referred to in (a)<or

(c) a single document issued by the competent authority of

the Agreement State in which the vehicle is registered or put into

circulation. Such document shall bear the same headings and

information as the plates referred to in sub-paragraph (a). It shall

be kept in a place easily accessible to inspection and shall be

adequately protected.

(2) If the characteristics of a vehicle registered in Malta no

longer correspond to those indicated on the proof of compliance

stipulated in sub-regulation (1) hereof, the Authority shall take the

necessary steps to ensure that the proof of compliance is altered.

(3) The plates and documents referred to in sub-regulation

(1) hereof shall be recognised by the Authority as the proof of vehicle

compliance provided for in these regulations.

15. The dimension and weight limits established in this Part of

these regulations applicable to vehicles for circulation on the public

highway shall apply without prejudice to any prohibitive road signs

placed in order to safeguard certain road infrastructures, that are not

suitable for long and heavy vehicles, from damage in accordance with

Traffic Signs and Markings Regulations, 1969.

Part III

INSTALLATION AND USE OF SPEED LIMITATION

DEVICES

16. This Part applies to goods vehicles in Category N3 and Applicability.

passenger transport vehicles in Category M3 that are intended for use

on the road, having at least 4 wheels and a design speed exceeding 25

kph.

17. The requirements of this Part shall not apply to the following> Exceptions.

(a) motor vehicles used by armed forces, civil defence, fire

and other emergency services and forces responsible for

maintaining public order<

(b) motor vehicles which by their construction, cannot drive

faster than the limits provided for in regulation 16<

(c)

motor vehicles used for scientific tests on roads< and

(d) motor vehicles used only for public services in urban

areas.

18. The following goods vehicles in Category N3 shall be N3 Goods vehicles.

required to be equipped with a fully operational speed limitation device>-

(a) Goods vehicles that are registered in Malta to operate

internationally or registered in an Agreement State and circulating

on the public highway<

(b) Goods vehicles that are newly registered in Malta after

31 December 2002<

19. Goods vehicles in category N3 registered in Malta between Speed limitation

device.

1 January 1988 and 31 December 2002 shall be required to be equipped

with a fully operational speed limitation device as from 1 January 2006.

20. The maximum speed limitation for such goods vehicles shall Maximum

limitation for N3

be set at 86 kph on the speed limitation device.

vehicles.

21. The maximum speed limitation for vehicles registered and Maximum speed

limitation for

used exclusively in Malta for the carriage of dangerous goods shall be nationally operating

N3 dangerous goods

set at 86 kph on the speed limitation device.

vehicles.

22. The following passenger transport vehicles in Category M3

shall be required to be equipped with a fully operational speed limitation

device>

(a) Passenger transport vehicles that are registered in Malta

to operate internationally or registered in an Agreement State and

circulating on the public highway<

(b) Passenger transport vehicles that are newly registered

in Malta after 31 December 2002<

23. Passenger transport vehicles in Category M3 registered in

Malta between 1 January 1988 and 31 December 2002 shall be required

2002. to be equipped with a fully operational speed limitation device as from

1 January 2006.

24. The maximum speed limitation for such passenger transport

vehicles shall be set at 100 kph on the speed limitation device.

25. Speed limitation devices must meet any technical

requirements that are laid down in any law or regulation in force in

Malta.

26. Speed limitation devices shall be installed by workshops or

bodies approved by the Authority or by the competent authority of an

Agreement State.

Part IV

INSTALLATION AND USE OF RECORDING EQUIPMENT

(TACHOGRAPHS)

27. This Part shall apply to motor vehicles that are in category

M3 exceeding 10 tonnes g.v.w. and category N3 and are registered>

(a) in an Agreement State and are circulating on the public

highway in Malta< or

(b) in Malta for international operation.

28. Motor vehicles performing services listed in the Fourth

Schedule shall be exempt from the application of regulation 30.

29. The Authority shall recognise recording equipment that bears Recognition

Type Approval

the EC-Type Approval Mark issued by a competent authority in an mark on equipment.

Agreement State in accordance with legislation in force in the territory

of the Agreement State.

30. All motor vehicles referred to in regulation 27 are required Fitting of recording

equipment.

to be fitted with recording equipment, as approved by the Authority or

competent authority of an Agreement State.

31. Motor vehicles referred to in regulation 27 that are registered Exclusively

electrical recording

for the first time after 1 January 1996, shall in so far as the transmission equipment.

of signals to the recording equipment with which they are fitted is

exclusively electrical, satisfy the requirements established by the

Authority, when the equipment in question is replaced.

32. Motor vehicles referred to in regulation 27, that are put into Advanced recording

service for the first time after 31 December 2002, must be fitted with equipment.

new advanced recording equipment.

33. (1) Recording equipment may only be installed on vehicles, Approval of fitters

and workshops.

repaired or removed therefrom by fitters or workshops approved for

that purpose by the Authority.

(2) The Authority shall, after consultation with the Minister,

lay down procedures and conditions to be adopted by approved fitters

and workshops.

(3) The Authority may withdraw approval from any fitter

or workshop for failure to comply with these procedures and conditions.

(4) An authorised inspecting officer may enter the premises

of an approved fitter or workshop for the installation, repair and

inspection of recording equipment and inspect any document, record

book or equipment being kept at the premises.

34. The Authority shall take any measures necessary to ensure Resale etc. of

recording

that the resale or decommissioning of recording equipment cannot equipment.

detract, in particular, from the satisfactory application of these

regulations.

The undertaking or the owner or lessee of the vehicle shall> Duties

35. undertaking, owner

and lessee.

(a) ensure that recording equipment is installed, used and

fully functional at all times in vehicles referred to in regulation 27

in the manner laid down in guidelines to be provided by the

Authority<

(b) issue a sufficient number of record sheets to drivers of

vehicles fitted with recording equipment, taking into consideration>

(i) the fact that such sheets are personal in character,

(ii) the length of the period of service, and

(iii) the possible obligation to replace sheets which are

damaged, or have been retained by an authorised inspecting

officer<

(c) only issue to drivers, sheets of an approved model

suitable for use in the equipment installed in the vehicle<

(d) keep the record sheets in good order for at least a year

after their use and shall give copies to the drivers concerned

requesting them. The sheets shall be produced or handed over at

the request of any authorised inspecting officer<

(e) arrange for periodic checks or inspections to take place

as described in the Fifth Schedule and in accordance with the Motor

Vehicles (Carriage of Goods by Road) Regulations and the Motor

Vehicles (Carriage of Passengers by Road) Regulations.

A driver of a vehicle subject to this Part shall>

36. (a) ensure that recording equipment is installed and fully

functional at all times in vehicles referred to in regulation 27 in

the manner laid down in guidelines to be provided by the Authority<

(b) use the recording equipment in a manner as to fully

comply with the provisions of the Motor Vehicles (Carriage of

Goods by Road) Regulations and the Motor Vehicles (Carriage of

Passengers by Road) Regulations with respect to driving times,

rest periods and breaks from driving<

(c) use the record sheets or driver cards every day on which

they are driving, starting from the moment they take over the

vehicle<

(d) refrain from using dirty or damaged record sheets or

driver cards. The sheets or cards shall be adequately protected for

this purpose<

(e) attach the damaged sheet to the spare sheet used to

replace it where any sheet bearing recordings becomes damaged<

(f) amend the record sheets or driver cards as necessary

should there be more than one driver on board the vehicle, so that

the relevant information is recorded on the record sheet of the driver

who is actually driving<

(g) return any record sheet which applies to him to his

employer for inspection and retention as soon as practicable but

not later than 21 days after its completion<

(h) ensure that the time recorded on the sheet agrees with the

official time in the country of registration of the vehicle<

(i) operate the switch mechanisms enabling the following

periods of time to be recorded separately and distinctly<

i.

under the sign>

driving time<

ii under the sign>

all other periods of work<

iii. under the sign>

other periods of availability,

namely>

– waiting time, i.e. the period during which drivers

need remain at their posts only for the purpose of answering

any calls to start or resume driving or to carry out other work,

– time spent beside the driver while the vehicle is in

motion,

–

time spent on a bunk while the vehicle is in motion<

iv. under the sign>

breaks in work and daily

rest periods.

(j) not withdraw the record sheet or driver card before the

end of the daily working period unless its withdrawal is otherwise

authorised< and

(k) use a record sheet to cover a period longer than that for

which it is intended.

37. When, as a result of being away from the vehicle, a driver is Manual recordings.

unable to use the equipment fitted to the vehicle, the periods of time

indicated in sub-regulation (i) points (ii), (iii) and (iv) of the preceding

regulation shall be entered on the sheet, either manually, by automatic

recording or other means, legibly and without dirtying the sheet.

38. The Authority may permit all the periods referred to in sub-

regulation (i) points (ii) and (iii) of regulation 36 to be recorded under

the sign

on the record sheets used on vehicles registered

in its territory.

39. Each crew member shall enter the following information on

his record sheet>

(a)

on beginning to use the sheet - his surname and first

name<

(b) the date and place where use of the sheet begins and the

date and place where such use ends<

(c) the registration number of each vehicle to which he is

assigned, both at the start of the first journey recorded on the sheet

and then, in the event of a change of vehicle, during use of the

sheet<

(d) the odometer reading>

(i) at the start of the first journey recorded on the

sheet,

(ii) at the end of the last journey recorded on the

sheet,

(iii) in the event of a change of vehicle during a working

day (reading on the vehicle to which he was assigned and

reading on the vehicle to which he is to be assigned)<

(e)

the time of any change of vehicle.

40. (1) The recording equipment shall be so designed that it is

possible for an authorised inspecting officer, if necessary after opening

the equipment, to read the recordings relating to the nine hours preceding

the time of the check without permanently deforming, damaging or

soiling the sheet. The equipment shall, furthermore, be so designed that

it is possible, without opening the case, to verify that recordings are

being made.

(2) Where the driver drives a vehicle fitted with recording

equipment in conformity with requirements to be laid down by the

Authority, he must be able to produce, whenever an inspecting officer

so requests>

(a) the record sheets for the current week and, in any event,

the sheet for the last day on which he drove during the previous

week,

(b) the driver card if he holds one, and

(c) print-outs from the recording equipment relating to the

periods of time laid down in guidelines to be provided by the

Authority if he drove a vehicle fitted with such recording equipment

during the period referred to in paragraph (a) of this sub-regulation.

41. An authorised inspecting officer shall check compliance with Checks on

compliance.

the provisions of the Motor Vehicles (Carriage of Goods by Road)

Regulations and the Motor Vehicles (Carriage of Passengers by Road)

Regulations relating to working hours and break times by analysis of

the record sheets, of the displayed or printed data which have been

recorded by the recording equipment or by the driver card or, failing

this, by analysis of any other supporting document that justifies non-

compliance with a provision, such as those laid down in regulation 42

(4).

42. (1) In the event of breakdown or faulty operation of the Breakdown or

faulty operation of

equipment, the employer shall have it repaired by an approved fitter or equipment.

workshop, as soon as circumstances permit.

(2) If the vehicle is unable to return to the employer’s

premises within a period of one week calculated from the day of the

breakdown or of the discovery of defective operation, the repair shall

be carried out en route.

(3) The Authority may prohibit the use of any vehicle where

such breakdown or faulty operation has not been repaired as provided

in the foregoing sub-regulations.

(4) While the recording equipment is unserviceable or

malfunctioning, drivers shall mark on the record sheet or sheets, or on

a temporary sheet to be attached to the record sheet or to the driver

card, on which he shall enter data enabling him to be identified (driver’s

card number and, or name and, or driving licence number), including

his signature, all information for the various periods of time which are

no longer recorded or printed out correctly by the recording equipment.

Provisions Specific to the Use of Driver Cards

43. The provisions applicable to the use of record sheets shall Applicability.

mutatis mutandis apply to the use of driver cards.

44. Until such time as the new driver cards system is in place,

the drivers shall at the end of their daily work period print out the

information concerning the various periods of time recorded by the

recording equipment and shall indicate their identification details on

the print-out (name and driving licence number), and sign it.

Driver Cards shall be>

45. (a) issued and personalised by the Authority<

(b) not be valid for more than five years<

(c) unique to each driver< and

(d) non-transferable.

46. Where the vehicle is fitted with recording equipment, the

employer and the driver shall ensure that, taking into consideration the

length of the period of service, printing on request can be carried out

correctly in the event of an inspection.

47. Where a driver is required to drive a vehicle fitted with new

advanced recording equipment, the employer and drivers shall ensure>

(a) the correct functioning and proper use of the recording

equipment and any driver card<

(b) that data recorded and stored by recording equipment

can be made available for at least 365 days after the date of their

recording and that they can be made available under conditions

that guarantee the security and accuracy of the data.

48. For the purposes of this Part the conditions of normal

residence need not be satisfied by persons carrying out fixed-term

assignments in Malta and residing in Malta for that purpose. In such a

case>-

(a) drivers shall produce proof of their place of normal

residence by any appropriate means, such as their identity card or

any other valid document<

(b) where the Authority, having issued the driver card, has

reason to doubt the validity of a statement as to normal residence

made in accordance with paragraph (a), or requires to exercise

specific controls within its duties, it may request any additional

information or evidence thereof<

(c) when issuing a driver card the Authority shall, as far as

possible, ensure that the applicant does not already hold a valid

driver card.

49. The driver shall enter in the recording equipment the symbols Country symbols.

of the countries in which he begins and ends his daily work period.

This data shall be entered by the driver, either manually or automatically

if the recording equipment is linked to a satellite tracking system.

50. If the driver card is damaged, malfunctions or is lost or stolen> Loss or theft of

driver card.

(a) the driver shall apply within seven calendar days for its

replacement<

(b) the Authority shall supply a replacement card within

five working days of receiving a detailed request to that effect.

51. (1) Where the Authority is requested to renew, replace or Renewal,

replacement or

exchange the driver card of a Maltese national, whose card has been exchange of driver

issued by the Authority of an Agreement State, it shall inform the foreign card.

Authority which issued the old card of the precise reasons for its renewal,

replacement or exchange.

(2) Where a driver wishes to renew his driver card, he shall

apply to the Authority not later than 15 working days before the expiry

date of the card, and the Authority shall supply a new card before the

expiry date.

(3) The driver card, during its official period of validity,

may be withdrawn or suspended if the Authority finds that>

(a) the card has been falsified, or

(b) the driver is using a card of which he is not the holder, or

(c) the card held has been obtained on the basis of false

declarations and, or forged documents.

Part V

INSTALLATION AND USE OF TAXIMETERS

52. Taxicars shall be fitted with a taximeter of a pattern approved Compulsory use of

from time to time by the Authority and conforming in every respect taximeters.

with the provisions of this Part.

53. If any alteration is made to the pattern of an approved

taximeter, such taximeter shall no longer be considered as being of a

pattern approved by the Authority unless it approves such alteration.

54. (1) The Authority shall not approve the pattern of any

taximeter or any alteration thereof unless it conforms in every respect

with the provisions of this Part and the pattern or any alteration thereof

is covered by a certificate of examination by the Authority.

(2) Prior to giving any approval as aforesaid the Authority

may require the production of a specimen of the taximeter together

with a detailed description of its method of operation and drawings of

its mechanism.

55. The taximeter shall be so constructed, attached and

maintained as to comply with the following rules>-

(a) If the taximeter is fitted with a flag or other device

bearing the words FOR HIRE -

(i) the words FOR HIRE shall be exhibited on each side

of the flag or other device in plain letters at least 50 mm in

height and the flag or other device shall be capable of being

locked in a position in which the words are horizontal and

legible<

(ii) when the flag or other device is so locked that the

aforesaid words are horizontal and legible no fare shall be

recorded on the face of the taximeter<

(b) If the taximeter is not fitted with a flag or other device

bearing the words FOR HIRE -

(i) the taximeter shall be fitted with a key or other device

the turning of which shall bring the machinery of the taximeter

into action and cause the word HIRED to appear on the face

of the taximeter<

(ii) such key or device shall be capable of being locked

in such a position that the machinery of the taximeter is not

in action and no fare is recorded on the face of the taximeter<

(c) When the machinery of the taximeter is in action there

shall be recorded on the face of the taximeter in figures clearly

legible and free from ambiguity a fare in accordance with the tariff

of fares of vehicles in Table IV of the Motor Vehicles (Tariff of

Fees) Regulations<

(d) The taximeter shall be so placed that all letters and figures on

the face thereof may be at all times plainly visible to any person being

conveyed in the taxicar and for that purpose the letters and figures shall

be suitably illuminated during any period of hiring.

Duties of taxicar

(1) The driver of a taxicar shall>-

56. drivers.

(a) if the taximeter is fitted with a flag or other device bearing

the words FOR HIRE -

(i) when standing or plying for hire keep such flag or

other device locked in the position in which the words are

horizontal and legible<

(ii) when the taxicar is hired, at the commencement of

the hiring bring the machinery of the taximeter into action by

moving the flag or other device<

(iii) immediately on the completion of the hiring cause

the taximeter to cease recording but the amount of fare

recorded shall remain displayed on the taximeter so as to

permit the hirer to have a reasonable opportunity of examining

the same. The driver shall then raise the flag or other device

to the horizontal position with the flag arm vertical<

(b) If the taximeter is not fitted with a flag or other device

bearing the words FOR HIRE -

(i) when standing or plying for hire, exhibit in a

conspicuous position on the vehicle a sign on which the words

FOR HIRE are easily distinguishable<

(ii) when the taxicar is hired, remove or place in such a

position that the words thereon are not conveniently legible

the sign referred to in sub-paragraph (b) (i)<

(iii) when standing or plying for hire, keep the meter

locked in the position in which no fare is recorded on the face

of the meter<

(iv) when the taxicar is hired, at the commencement of

the hiring bring the machinery of the taximeter into action by

moving the device fitted for that purpose so that the word

HIRED is legible on the face of the meter<

(v) immediately on the completion of the hiring, cause

the taximeter to cease recording but the amount of fare

recorded shall remain displayed on the taximeter so as to

permit the hirer to have a reasonable opportunity of examining

the same.

(2) For the purposes of this regulation, the expression “the

commencement of the hiring” shall mean the time and, or place from

which the owner or driver is entitled to demand and take the appropriate

fares as may be prescribed from time to time.

57. A plate of approved size and pattern showing the minimum

effective circumference of the tyre on the wheels of the vehicle by which

the taximeter may be driven and by which its action and accuracy may

be tested shall be firmly fitted to the taximeter-gearbox or to the taximeter

itself in such a manner as to be incapable of removal.

58. In this Part of these regulations the expression “minimum

effective circumference” shall mean the distance covered by the tyre in

one complete revolution when a taxicar with a full complement of

passengers is pushed forward in a straight line.

59. Taximeters shall be fitted or repaired only by persons

Fitting and repair of

authorised in writing by the Authority and must be affixed in such

positions and in such manner as may be approved by the Authority, so

as to be clearly readable by the hirer in the vehicle and by the driver.

60. Before a taximeter is used for public service it shall, as

affixed prior to road

indicated by the Authority, be presented properly affixed to the taxicar

on which it is to be used, in order that road tests may be made by the

examiners of the Authority.

61. A taximeter or taximeter-gearbox may be fitted only to the

taxicar for which it has been tested and approved as aforesaid.

Tyre circumference.

62. The tyres of the taxicar to which a taximeter is affixed must

have an effective circumference not less than the size marked on the

taximeter-gearbox or on the taximeter itself and must not exceed this

size by more than five percent.

Defective taximeter.

63. No taximeter which is in any way defective may be used

upon a taxicar and the vehicle to which it is fitted shall be immediately

withdrawn from service until the taximeter is repaired or replaced by

another taximeter. In both cases the taxicar shall not be used for public

service before the taximeter so repaired, or the new taximeter is installed.

Part VI

MINIMUM TREAD DEPTH OF TYRES

64. The minimum tread depth in the main grooves of tyres used Minimum tread

depth of tyres.

on vehicles in Category M1, N1 and O1 and O2 shall be 1.6 mm when

circulating on the public highway in Malta.

65. No vehicle in Category M1, N1, O1 and O2 shall be allowed Circulation on

public highways.

to circulate on the public highway if the tread depth of any of its tyres is

less than the minimum depth stipulated in the previous regulation.

66. The Minister may by regulation exclude from the application Exclusions.

of the previous regulation certain vehicles which are declared to be of

historical value and used infrequently on the public highway, that were

originally equipped with tyres which, when new, had a tread depth of

less than 1.6 mm.

Part VII

INSTALLATION AND USE OF BUS TICKETING MACHINES

67. Buses licensed by the Authority as part of the Scheduled Applicability.

Bus Service shall be fitted with a bus ticketing machine of a pattern

approved by the Authority.

68. Bus ticketing machines shall be fitted or repaired only by Fitting and repair of

bus ticketing

persons authorised in writing by the Authority and must be affixed in machines.

such positions and in such manner as may be approved by the Authority,

so as to be clearly readable by the driver.

69. The owner of the vehicle shall ensure that the bus ticketing Duties of

undertaking or

equipment is>

owner.

(a) installed in accordance with guidelines issued by the

Authority<

(b) fully functional when the bus is being used on the

scheduled bus service<

(c) used by the driver in the manner laid down in regulation

70 hereof.

70. A driver of a vehicle subject to this Part shall be responsible

to ensure that >

(a) the bus ticketing machine is switched on and fully

operational at the beginning of each driving period<

(b) his personal details have been keyed into the bus ticketing

machine before each driving period<

(c) the route number has been keyed into the bus ticketing

machine<

(d) every passenger fare collected is recorded on the ticket

machine and a ticket receipt is issued.

71. No bus ticketing machine which is in any way defective may

be used upon a bus and the vehicle to which it is fitted shall be withdrawn

from service after the relative journey is completed until the said machine

is repaired or replaced. In both cases the bus shall not be used for

public service before the bus ticketing machine so repaired, or the new

machine is installed

72. An authorised inspecting officer shall check compliance with

these regulations by analysis of the ticket receipts, printed data or

electronic reading of the recorded data from the bus ticketing machine.

Part VIII

OFFENCES AND PENALTIES

(1) No person shall>

73. (a) falsify, suppress or destroy data recorded on the record

sheet, stored in the equipment or on print-outs from the equipment

and, in the case of recording equipment, on a driver card<

(b) effect any manipulation of the equipment, record sheet

or driver card which may result in data and, or printed information

being falsified, suppressed or destroyed<

(c) carry any device which could be used to this effect on

the vehicle<

(d) falsify any record or entry on a record sheet with the

intent to deceive, alter or cause or permit to be altered any such

record or entry<

(e) tamper with any recording equipment installed in

accordance with these regulations or any guidelines provided by

the Authority unless duly authorised by the Authority to do so.

(2) The Authority may impose upon any person who

commits the offences referred to in sub-regulation (1) a fine (multa) of

Lm50.

(3) Any person who in any other way fails to comply with

these regulations shall be liable to a fine (ammenda) of Lm50.

(4) Where the offence or failure to comply with these

regulations results in, or could be the possible cause of an offence

prosecutable by the Court of Magistrates (Malta) or (Gozo) in its criminal

jurisdiction or by the Criminal Court, the fine in question shall be a

civil debt collectable by the Authority upon conclusion of the criminal

proceedings.

B

B

B

B

B

B

B

B

Repeal.

PART II

MAXIMUM AUTHORISED DIMENSIONS IN NATIONAL AND

INTERNATIONAL TRAFFIC AND THE MAXIMUM AUTHORISED

WEIGHTS IN INTERNATIONAL TRAFFIC

Goods vehicles and trailers.

Conformity with First Schedule requirements.

10. Exceptions.

Passenger transport vehicles and trailers.

Conformity with Second Schedule requirements.

Temporary exceptions.

Proof of compliance.

Prohibitive road signs to prevail

PART III

INSTALLATION AND USE OF SPEED LIMITATION

DEVICES

16. Applicability.

17. Exceptions.

N3 good vehicles.

Speed limitation device.

Maximum speed limitation for N3 vehicles.

Maximum speed limitation for nationally operating N3 dangerous goods

vehicles.

Category M3 passenger transport vehicles.

Vehicles registered between 1988 and 2002

Maximum speed limitation for M3 passenger transport vehicles

Technical requirements

Installation of devices.

PART IV

INSTALLATION AND USE OF RECORDING EQUIPMENT

(TACHOGRAPHS)

27. Applicability.

28. Exemption.

Recognition of EC Type Approval mark on equipment.

Fitting of recording equipment.

Exclusively electrical recording equipment

Advanced recording equipment

Approval of fitters and workshops.

Resale etc of recording equipment.

Duties of undertaking, owner and lessee.

Duties of drivers.

Manual recordings.

Record of periods.

Duties of crew members.

Inspection of equipment, record sheets, driver cards and print-outs.

Checks on compliance.

Breakdown or faulty operation of equipment.

Provisions Specific to the Use of Driver Cards

43. Applicability.

Periods of time recorded.

Driver card is unique and personalised.

Employer and driver to ensure printing can be done correctly.

Duty to ensure correct functions.

Conditions of normal residence.

Country symbols.

Loss or theft of driver card.

Renewal, replacement or exchange of driver card.

PART V

INSTALLATION AND USE OF TAXIMETERS

Compulsory use of taximeters.

Alteration to approved taximeters.

Patterns and alteration of taximeter to conform to this Part.

Construction and attachment of taximeters.

Duties of taxicar drivers.

57. Plates.

Further interpretation.

Fitting and repair of taximeters.

Taximeter to be affixed prior to road tests.

Particular taximeter for each taxicar.

Tyre circumference.

Defective taximeter.

PART VI

MINIMUM TREAD DEPTH OF TYRES

Minimum tread depth of tyres.

Circulation of public highways.

Exclusions.

PART VII

INSTALLATION AND USE OF BUS TICKETING MACHINES

67. Applicability.

Fitting and repair of bus ticketing machines.

Duties of undertaking or owner.

Duties of drivers.

Defective bus ticketing machine.

Checks on compliance.

PART VIII

OFFENCES AND PENALTIES

Offences and fines.