Motor Vehicles (Carriage of Passengers by Road)

L.N. 133 of 2006

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Carriage of Passengers by Road)

(Amendment) Regulations, 2006

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

Regulation Ordinance, the Minister for Urban Development and Roads

has, in consultation with the Malta Transport Authority, made the

following regulations>-

The title of these regulations is the Motor Vehicles (Carriage Title.

of Passengers by Road) (Amendment) Regulations, 2006, and they shall

be read and construed as one with the Motor Vehicles (Carriage of

Passengers by Road) Regulations, 2003, hereinafter referred to as “the L.N. 160 of 2003.

principal regulations”.

Regulation 2 of the principal regulations shall be amended as Amends regulation

2 of the principal

follows>–

regulations.

(a)

the definition “agreement” shall be deleted<

(b) for the definition “authorised inspecting officer” there

shall be substituted the following>

“ “authorised inspecting officer” means a Police officer,

a local warden or an officer of the Authority<”<

(c) for the definition “cabotage” there shall be substituted

the following>

“ “cabotage transport operations” means the performing

of national carriage of passengers by road for hire or reward

within Malta by a non-resident carrier who holds a Community

authorization< such activity shall not be permanent, frequent,

regular or continuous, shall not be carried out systematically,

shall be at considerable and infrequent intervals, and the

vehicle involved shall leave Malta at least once a month<”<

(d) for the definition “carrier” there shall be substituted the

following>

“ “carrier” means any physical or legal person who is

authorized to engage in the carriage of passengers by road

for hire or reward or on his own account<”<

(e) immediately after the definition “carrier” there shall be

added the following new definition>

“ “collective agreement” means an agreement entered

into between an employer, or one or more organisations of

employers, and one or more organisations of employees

regarding conditions of employment in accordance with the

provisions of any law in force in Malta<”<

(f) for the definition “Community authorisation” there shall

be substituted the following>

“ “Community licence” means a licence issued by the

competent authorities of a Member State to a carrier

established in that Member State in accordance with Article

3a of Council Regulation (EC) No 11#98 amending Regulation

(EEC) No 684#92 on common rules for the international

carriage of passengers by coach and bus<”<

(g) immediately after the definition “Community licence”

there shall be inserted the following new definitions>

“ “company” has the same meaning as is assigned to it

in article 2 of the Companies Act<

“cooperative society” means a cooperative society

registered or provisionally registered under the Cooperative

Societies Act<”<

(h) immediately after the definition “driver” there shall be

inserted the following new definitions>

“ “employer” means the person by whom a worker is,

or, where the employment has ceased, was employed, and

includes a partnership, company, cooperative society,

association or other body of persons, whether vested with

legal personality or not<

“European Union” has the same meaning as is given to

it in the European Union Act and includes Norway, Iceland

and Liechtenstein<”<

(i) for the definition “hire or reward” there shall be

substituted the following>

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

than on own account, that is to say against payment or

compensation by the person transported or by the transport

organiser, whether such payment or compensation is made

directly or indirectly<”<

(j) immediately after the definition “hire and reward” there

shall be inserted the following new definitions>

“ “Member State” means a Member State of the

European Union<

“mobile worker” means any worker forming part of the

travelling staff, including trainees and apprentices, who is in

the service of an undertaking which operates transport services

for passengers by road for hire or reward or on its own

account<”<

(k) for the definition “night time” there shall be substituted

the following>

“ “night time” means a period of four hours between

01.00 and 05.00<”<

(l) in the definition “normal residence”, for the words

“Agreement States” and “Agreement State” there shall be

substitued the words “Member States” and “Member State”

respectively<

(m) for the definition “passenger transport operator’s

licence” there shall be substituted the following>

“ “operator’s licence for the carriage of passengers by

road” means a licence issued by the Authority to national

undertakings<”<

(n) immediately after the definition “occupation of road

passenger transport operator” there shall be inserted the following

new definition>

“ “partnership” includes an association, not registered

under the Companies Act, between two or more persons<”<

(o) immediately after the definition “passenger transport

vehicles” there shall be inserted the following new definition>

“ “ periods of availability” means periods other than those

relating to break times and rest periods during which the

mobile worker is not required to remain at his workstation,

but must be available to answer any calls to start or resume

driving or to carry out other work, including such periods

during which the mobile worker is accompanying a vehicle

being transported by ferryboat or by train as well as periods

of waiting at frontiers and those due to traffic prohibitions<”<

(p) for the definition “self-employed driver” there shall be

substituted the following>

“ “self-employed driver” means anyone whose main

occupation is to transport passengers by road for hire or reward

within the meaning of European Union legislation under cover

of a Community licence or any other professional

authorisation to carry out the aforementioned transport, who

is entitled to work for himself and who is not tied to an

employer by an employment contract or by any other type of

working hierarchical relationship, who is free to organise the

relevant working activities, whose income depends directly

on the profits made and who has the freedom, individually or

through a cooperation between self-employed drivers, to have

commercial relations with several customers<”< and

(q) immediately after the definition “week” there shall be

inserted the following new definition>

“ “working time” means the time from the beginning to

the end of work, during which the mobile worker is at his

workstation, at the disposal of the employer and exercising

his functions or activities, being –

(a) the time devoted to driving, assisting

passengers boarding and disembarking from the vehicle,

cleaning and technical maintenance, and all other work

intended to ensure the safety of the vehicle, its passengers

or to fulfil the legal, or regulatory obligations directly

linked to the specific transport operations under way,

including dealing with administrative formalities with

police, customs and immigration officers< and

(b) the time during which the mobile worker

cannot dispose freely of his time and is required to be at

his workstation, ready to take up normal work, with

certain tasks associated with being on duty, in particular

during periods awaiting loading or unloading where their

foreseeable duration is not known in advance, that is to

say either before departure or just before the actual start

of the period in question, or under collective agreements

or any other agreement entered into between the

employer and mobile workers employed by him in

compliance with national legislation<

(r) immediately after the new definition “working time”

there shall be inserted the following new definition>

“ “workstation” means -

(a) the location of the main place of business of

the undertaking for which the person performing mobile

road transport activities carries out duties, together with

its various subsidiary places of business, regardless of

whether they are located in the same place as its head

office or main place of business,

(b) the vehicle which the person performing

mobile road transport activities uses when he carries out

duties, or

(c) any other place in which activities connected

with transportation are carried out.”.

For regulation 5 of the principal regulations there shall be Substitutes

regulation 5 of the

substituted the following>

principal

regulations.

“5. (1) No person shall engage in the occupation of road

passenger transport operator for hire or reward unless duly

authorised under these regulations.

(2) The Authority shall issue an operator’s licence for

the carriage of passengers by road 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.

(3) An operator’s licence for the carriage of passengers

by road shall be issued in the name of a natural person authorised

to represent the undertaking.

(4) An operator’s licence for the carriage of passengers

by road shall be valid for a period, specified therein, of up to five

years from the date on which it was granted unless revoked or

suspended and shall not be transferable.

(5) The Authority shall issue –

(a) an international operator’s licence to any

undertaking with an operating centre in Malta which, in the

course of its road passenger transport operations, intends

carrying passengers outside Malta<

(b) a national operator’s licence to any undertaking

with an operating centre in Malta which, in the course of its

road passenger transport operations, intends carrying

passengers only in Malta>

Provided that an international operator’s licence for the

carriage of passengers by road shall cover both the carriage

of passengers by road outside Malta and within Malta.

(6) The restrictions imposed by the preceding sub-

regulations shall not apply where –

(a) the carriage is of passengers to or from work in

vehicles owned by their employers,

(b) the carriage is of passengers otherwise than for

profit in vehicles owned by voluntary organizations,

(c) the carriage is of persons to or from school, or in

the course of or in relation to school activities, in vehicles

owned by the school.”.

Regulations 6 to 54 of the principal regulations shall be

renumbered as regulations 9 to 57 respectively.

Immediately after regulation 5 of the principal regulations,

there shall be inserted the following new regulations 6 to 8>

(1) An application for the grant or renewal of an

operator’s

licence for the carriage of passengers by road shall

be made to the Authority and shall be in the form and contain

of passengers such particulars as the Authority may require together with>

(a) the particulars of any relevant offence of which

the applicant may have been convicted of in the five

years prior to the date of the making of the application<

(b) a certificate of competence granted to the

applicant or to a person designated by the applicant<

(c) a declaration signed by an Auditor or

Accountant in the form set out in the First Schedule to

these regulations<

(d) particulars of the number and class or

description of any motor vehicle available for use in the

relevant road passenger transport business or proposed

such business. The said vehicles shall be registered with

the Authority<

(e) where the vehicles to be covered by the

operator’s licence are not registered in the name of the

applicant, a signed declaration from the registered owner

in favour of the operation of the said vehicles under that

particular operator’s licence<

(f) particulars of the financial resources available

as regards any such relevant business.

(2) The Authority may require any particulars given

by an applicant in relation to an application mentioned in sub-

regulation (1) of this regulation to be contained in a statutory

declaration or in a sworn affidavit in such manner as the

Authority shall specify.

(3) An application shall be accompanied by the

appropriate fee fixed by the Authority.

(1) Where the Authority refuses an application for

admission to the occupation of road passenger transport

operator, the Authority shall by notice in writing, within seven

days, inform the applicant of its decision and the reasons

therefor.

(2) Where the Authority refuses an application, the

applicant may, within twenty-one days beginning on the date

of such notice appeal before an appeals board to be set up

according to the provisions of the Malta Transport Authority Cap. 332.

Act.

(1) The Authority shall set up and maintain a

register to be known as the Road Passenger Transport Register,

which shall be divided into Part I and Part II.

(2) In Part I of the register there shall be registered

the name and address of any person to whom a certificate of

competence has been granted together with other particulars

which the Authority may consider relevant.

(3) In Part II of the register there shall be

registered the name and address of the person to whom an

operator’s licence for the carriage of passengers by road is

granted, together with other particulars which the Authority

may consider relevant.

(4) The Authority shall permit the register to be

inspected by any person.”.

6. Regulation 9 of the principal regulations, as renumbered, shall

be amended as follows>

(a) for sub-regulation (1) thereof there shall be substituted

the following>

“(1) An applicant for an operator’s licence for the

carriage of passengers by road shall, before being granted the

licence, satisfy the Authority that he>

(a)

is of good repute and conduct,

(b) is of appropriate financial standing, and

(c) satisfies the condition as to professional

competence.

(b) in sub-regulation (3) thereof for the words “that can

satisfy the requirement in paragraph (b) of sub-regulation (1)” there

shall be substituted the words “that is not a natural person”<

(c) immediately after sub-regulation (3) thereof, there shall

be inserted the following new sub-regulation>

“(4) Where, for the purpose of this regulation, an

undertaking designates a natural person to continuously and

effectively manage the road passenger transport operation and

that person ceases to manage the said operation, the

undertaking shall within 24 days from that occurrence notify

the Authority in writing and the Authority shall allow a period

not exceeding three months within which the undertaking

designates another person, who shall comply with the

provisions of paragraphs (a) and (c) of sub-regulation (1)

hereof.”.

7. In sub-regulation (4) of regulation 11 of the principal Amends regulation

regulations, as renumbered, the words “for the purpose of regulation 6” 11,

of the principal

shall be deleted and for the words “establishment in the format indicated regulations.

in the First Schedule” there shall be substituted the word “institution”.

8. Regulation 13 of the principal regulations, as renumbered, shall Amends

13, as renumbered,

be amended as follows>

of the principal

regulations.

(a) in sub-regulation (1) thereof, immediately after the words

“transport undertaking” there shall be added the words “provided

such applicants sit a test”<

(b) in sub-regulation (2) thereof, for the words from

“national and international syllabi” to the words “requirements in

Malta.” there shall be substituted the words “national and

international syllabi and holders of a certificate of professional

competence issued by other Member States.”< and

(c) in sub-regulation (3) thereof, for the words “regulation

6” there shall be substituted the words “regulation 9”.

Regulation 14 of the principal regulations, as renumbered, shall Amends regulation

14, as renumbered,

be amended as follows>

of the principal

regulations.

(a) in sub-regulations (1) and (2) (a) thereof, for the words

“regulation 6” there shall be substituted the words “regulation 9”<

(b) in sub-regulation (3) thereof, for the words “Authority

Act.” there shall be substituted the words “Authority Act>

Provided that, except where the licence has been revoked,

the licence shall cease to have effect until the suspension is lifted

by the Authority>

Provided further that an appeal against the suspension or

revocation of a licence shall be entered by the holder of the licence

not later than twenty-one days after the decision has been notified

to the licence holder>

Provided further that the suspension or revocation, as the case

may be, shall not stand until a decision is taken by the appeals

board.”<

(c) in sub-regulation (4), for the words “Agreement State”

there shall be substituted the word “Member State”< and

(d) immediately after sub-regulation (4) thereof, there shall

be inserted the following new sub-regulation>

“(5) Where the requirement of financial standing is

not fulfilled at the time of checking, the Authority may, where

the undertaking’s other economic circumstances give grounds

for assuming that the requirements of financial standing will

again be sustainably fulfilled within the foreseeable future

on the basis of a financial plan, give further notice of not

more than one year.”.

In regulation 15 of the principal regulations, as renumbered,

for the words “sub-regulation (1) of regulation 6” there shall be

substituted the words “sub-regulation (1) (a) and (c) of regulation 9”,

and for the words “regulation 9” there shall be substituted the words

“regulation 12”.

For regulation 17 of the principal regulations, as renumbered,

there shall be substituted the following>

“17. Regulations 18 to 27 shall only apply to international

carriage of passengers by road.”.

In sub-regulations (1) and (2) of regulation 19 of the principal

regulations, as renumbered, for the words “regulation 15” there shall

be substituted the words “regulation 18”.

In paragraph (b) of regulation 20 of the principal regulations,

as renumbered, for the words “Agreement States” and “Agreement

State” there shall be substituted the words “Member States” and

“Member State” respectively.

In sub-regulation (2)(c) of regulation 21 of the principal

regulations, as renumbered, for the words “Agreement State” there shall

be substituted the words “Member State”.

For regulation 22 of the principal regulations, as renumbered,

there shall be substituted the following>

(a) for the words “Daily driving period” in the sub-title to

the regulation there shall be substituted the words “Working time

and driving period.”<

(b) sub-regulation (1) shall be renumbered sub-regulation

(2) and sub-regulation (2) shall be renumbered sub-regulation (3)

and immediately before sub-regulation (2) as renumbered there

shall be inserted the following new sub-regulation (1)>

“(1) (a) The average weekly working time, including

overtime, for a mobile worker shall not exceed 48 hours>

Provided that the maximum weekly working time for a

mobile worker may be extended to 60 hours only if, over a

period of 17 consecutive weeks, an average of 48 hours a

week is not exceeded>

Provided further that the said period may be extended in

relation to particular mobile workers for objective or technical

reasons or reasons concerning the organization of work, by a

collective agreement or any other agreement entered into

between the employer and mobile workers employed by him

in compliance with national legislation, from a period of 17

weeks to a period not exceeding 26 weeks.

(b) Working time for different employees shall

be the sum of the working hours. The employer shall ask the

mobile worker concerned in writing for an account of time

worked for another employer and the mobile worker shall

provide such information in writing.

(c) Where night work is performed, the daily

working time of a mobile worker shall not exceed ten hours

in any period of 24 hours>

Provided that the period of ten hours may be extended

in relation to particular mobile workers for objective or

technical reasons or for reasons concerning the organisation

of work, by a collective agreement or any other agreement

entered into between the employer and mobile workers

employed by him in compliance with national legislation.

(d) An employer shall ensure that the time limits

specified in the preceding paragraphs are complied with in

the case of each mobile worker employed by him.

(e) The times of breaks, rests and periods of availability

shall not be included in the calculation of working time.

(f) A period of availability shall not be treated as such

unless the mobile worker knows before the start of the relevant

period about that period of availability and its reasonably

foreseeable duration.

(g) The time spent by a mobile worker driving in a

team, the time spent sitting next to the driver or on the

couchette while the vehicle is in motion shall be a period of

availability for that mobile driver.”< and

(c) in sub-regulation (2) (b), as renumbered, for the words

“regulation 21” there shall be substituted the words “regulation

24”.

For regulation 23 of the principal regulations, as renumbered,

there shall be substituted the following>

“23. (1) (a) Without prejudice to the provisions of sub-

regulation (2), mobile workers shall work for no more than six

consecutive hours without a break.

(b) Where the working time of a mobile worker

exceeds six hours but does not exceed nine hours, working time

shall be interrupted by a break of at least 30 minutes.

(c) Where the working time of a mobile worker

exceeds nine hours, working time shall be interrupted by a break

of at least 45 minutes.

(d) Breaks may be subdivided into periods of

not less than 15 minutes each.

(2) (a) In the case of drivers, a driver shall observe a

break of at least 45 minutes after four-and-a-half hours’ driving,

unless he begins a rest period.

(b) 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 the preceding paragraph.

(c) During these breaks, the driver may not carry

out any other work. For the purpose 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’.

(d) The breaks observed under this sub-regulation may

not be regarded as daily rest period.”.

In sub-regulation (1)(a) of regulation 24 of the principal Amends

24, as renumbered,

regulations, as renumbered, for the words “the driver” there shall be of the principal

regulations.

substituted the words “mobile workers”.

In sub-regulation (1) of regulation 25 of the principal Amends

25, as renumbered,

regulations, as renumbered, for the words “regulation 21” there shall of the principal

regulations.

be substituted the words “regulation 24”.

For regulation 27 of the principal regulations, as renumbered, Substitutes

regulation 27, as

there shall be substituted the following>

renumbered, of the

principal

regulations.

(1) An employer shall -

(a) notify every mobile worker in his employment

of the provisions of regulations 22 to 26 of these

regulations and the provisions of any collective or any

other agreement applicable to the said worker reached

on the basis of these regulations,

(b) keep a record of any time worked by each

mobile worker in his employment, including the time

worked by that worker for another employer, in the latter

case on the basis of details provided by the worker,

(c) provide, at the request of a mobile worker, a

copy of the record of hours worked by that worker,

(d) organize drivers’ work in such a way that

drivers are able to comply with the relevant provisions

of these regulations and any other relevant legislation.

(2) A mobile worker shall notify his employer any time

worked by the worker for another employer for inclusion in

the calculation of the worker’s working time.

(3) The records referred to in sub-regulation (1) shall

be kept by the employer for a period of two years after the

end of the period covered by the said records.

(4) Employers shall make periodic checks to ensure

that all legal requirements have been complied with and if

breaches are found to have occurred, the employer shall take

appropriate steps to prevent their repetition.

(5) Any person who contravenes or fails to comply

with the provisions of regulations 22 to 26 shall be guilty of

an offence and shall be liable to a minimum fine (multa) of

twenty five liri (Lm25).”.

20. Regulation 28 of the principal regulations, as renumbered,

shall be amended as follows>

(a) the words “Passenger Transport Operator’s Licence”

shall be substituted, wherever they appear, with the words

“operator’s licence for the carriage of passengers by road”.

(b) in sub-regulation (2) for the words “it is to be used.”

there shall be substituted the words “it is to be used. Such true

copy shall be kept at all times in the said vehicle and shall be

produced by the driver on demand by an authorized inspecting

officer.”<

(c) sub-regulation (4) shall be renumbered as sub-regulation

(6)< and

(d) immediately after sub-regulation (3) there shall be

inserted the following new sub-regulations>

“(4) The number of vehicles authorised on the

operator’s licence may be varied at anytime upon a request in

writing to the Authority, and once the Authority is satisfied

that the licence holder still satisfies the requirement of

financial standing, it shall vary the operator’s licence

accordingly without however changing the expiry date on that

licence.

(5) Holders of an operator’s licence for the carriage of

passengers by road shall be in possession of an operating

centre where vehicles used under the said licence shall be

kept while not in use.”.

21. Regulation 29 of the principal regulations, as renumbered,

shall be amended as follows>

(a) in sub-regulation (1) thereof, for the words “any

passenger” there shall be substituted the words “any road

passenger”<

(b) in sub-regulation (1)(a) for the words “Passenger

Transport Operator’s Licence” there shall be substituted the words

“international operator’s licence for the carriage of passengers by

road”,

(c) in sub-regulation (1)(b) for the words “Agreement

States” there shall be substituted “Member States”, and for the

words “regulation 6” there shall be substituted the words

“regulation 9”<

(d) in sub-regulation (2) for the words “Agreement States”

there shall be substituted the words “other Member States”, for

the words “regulation 26” there shall be substituted the words

“regulation 29” and for the words “Agreement State” there shall

be substituted the words “Member State”<

(e) in sub-regulation (7) for the words “regulation 26” there

shall be substituted the words “regulation 29”<

(f) in sub-regulation (8) for the words “regulation 26” there

shall be substituted the words “regulation 29” and for the words

“reasoned decision.” there shall be substituted the following>

“reasoned decision>

Provided that where the Authority refuses to issue or

renew a Community Licence, the Authority shall by notice in

writing, within seven days, inform the applicant or holder, as

the case may be, of its decision and the reasons therefor>

Provided further that where the Authority refuses to issue

or renew a Community Licence, the applicant or holder, as

the case may be, may, within twenty-one days beginning on

the date of such notice appeal before an appeals board to be

set up according to the provisions of the Malta Transport

Authority Act.”.

22. Regulation 30 of the principal regulations, as renumbered, Amends

30, as renumbered,

shall be amended as follows>

of the principal

regulations.

(a) in sub-regulation (1) (a) thereof, for the words

“regulation 26” there shall be substituted the words “regulation

29”<

(b) in sub-regulation (2) thereof, for the words “Agreement

State” there shall be substituted the words “Member State”.

23. For regulation 31 of the principal regulations, as renumbered,

there shall be substituted the following>

“31. (1) Any decision by the Authority in accordance with

regulation 30 of the principal regulations shall be subject to appeal

before an appeals board to be set up according to the provisions of

the Malta Transport Authority Act.

(2) Where the Authority suspends or withdraws a

Community Licence, the Authority shall by notice in writing, within

seven days, inform the licence holder of its decision and the reasons

therefor and the holder may, within twenty-one days beginning on

the date of such notice, appeal before the said appeals board.”.

24. In sub-regulations (2) and (5) of regulation 32 of the principal

regulations, as renumbered, for the words “Agreement State” there shall

be substituted the words “Member State”.

25. Regulation 33 of the principal regulations, as renumbered,

shall be amended as follows>

(a) in sub-regulation (2) thereof, for the words “regulation

26” there shall be substituted the words “regulation 29”, and for

the words “Agreement State” there shall be substituted the words

“Member State”< and

(b) in sub-regulation (3) thereof, for the words “Agreement

State” there shall be substituted the words “Member State”.

26. In regulation 35 of the principal regulations, as renumbered,

for the words “regulations 31 to 40” there shall be substituted the words

“regulations 36 to 39”.

27. Regulation 36 of the principal regulations, as renumbered,

shall be amended as follows>

(a) in sub-regulation (2) thereof, for the words “Agreement

States” there shall be substituted the words “Member States”< and

(b) in sub-regulation (3) (b) thereof, for the words

“regulation 26” there shall be substituted the words “regulation

29”.

Regulation 37 of the principal regulations, as renumbered, Amends

37, as renumbered,

shall be amended as follows>

of the principal

regulations.

(a) in sub-regulation (1) thereof, immediately after the word

“applications” there shall be added the words “to the Authority”<

(b) in sub-regulation (2) thereof, for the words “Agreement

States” there shall be substituted “Member States”< and

(c) immediately after sub-regulation (2) thereof there shall

be added the following new sub-regulations>

“(3) A decision on the application for authorisation for

regular services starting from Malta shall be taken by the

Authority within four months from the date of submission of

the application by the carrier.

(4) Authorisation shall be granted unless>

(a) the applicant is unable to provide the service

which is the subject of the application with equipment

directly available to him<

(b) in the past the applicant has not complied with

national or international legislation on road transport,

and in particular the conditions and requirements relating

to authorisations for international road passenger

services, or has committed serious breaches of legislation

in regard to safety, in particular with regard to the rules

applicable to vehicles and driving and rest periods for

drivers<

(c) in the case of an application for renewal of

authorisation, the conditions of authorisation have not

been complied with<

(d) it is shown that the service in question would

directly compromise the existence of regular services

already authorised, except in cases in which the regular

services in question are carried out by a single carrier or

group of carriers only<

(e) it appears that the operation of services

covered by the application is aimed only at the most

lucrative of the services existing on the links concerned<

and

(f) a Member State decides on the basis of a

detailed analysis that the said service would seriously

affect the viability of a comparable rail service on the

direct sections concerned. Any decision pursuant to this

provision, together with the reasons therefor, shall be

notified to the carriers affected.

(5) Where the Authority refuses to grant or renew an

authorisation for regular services starting from Malta, the

Authority shall by notice in writing, within seven days, inform

the applicant or holder, as the case may be, of its decision

and the reasons therefor and the applicant or holder may,

within twenty-one days beginning on the date of such notice,

appeal before an appeals board to be set up according to the

provisions of the Malta Transport Authority Act.”.

In sub-regulation (1) of regulation 39 of the principal

regulations, as renumbered, for the words “subregulation (3) of

regulation 30” there shall be substituted the words “sub-regulation (1)

of regulation 33”.

Regulation 40 of the principal regulations, as renumbered,

shall be amended as follows>

(a) in sub-regulation (1) thereof, for the words “in

subregulation (4) of regulation 30” there shall be substituted the

words “regulation 32”< and

(b) immediately after sub-regulation (2) thereof, there shall

be added the following new sub-regulation>

“(3) The Authority shall issue the said journey forms

to carriers established in Malta.”

In regulation 44 of the principal regulations, as amended, for

the words “Agreement States” there shall be substituted the words

“Member States”.

In sub-regulation (1) of regulation 47 of the principal

regulations, as renumbered, for the words “regulation 42” there shall

be substituted the words “regulation 45”.

The title of Part V of the principal regulations shall be deleted

and the following title shall be substituted therefor>

“INSPECTIONS AND CONTRAVENTIONS”.

In regulation 56, for the words “regulation 50” there shall be Amends regulation

56, as renumbered,

substituted the words “regulation 53”.

of the principal

regulations.

Immediately after regulation 57 of the principal regulations, Adds new

regulation 58 to the

as renumbered, there shall be inserted the following new regulations> principal

regulations.

(1) A person who contravenes regulation 5 of

“Contraventions

these regulations shall be guilty of an offence and shall be

liable, on summary conviction thereof, to a fine (multa) not

exceeding Lm25.

(2) A person who, for the purpose of obtaining,

whether for himself or another, the grant or renewal of a road

passenger operator’s licence, makes a declaration required

by these regulations and which he knows to be false, shall be

liable to criminal action.

(3) A person who makes use of a vehicle for the

carriage of passengers for hire or reward when that vehicle is

not covered by an operator’s licence, that person shall be guilty

of an offence and shall be liable on summary conviction, to a

fine (ammenda) not exceeding Lm25.

(4) A person who contravenes sub-regulation 29

(2) shall be guilty of an offence and shall be liable on summary

conviction, to a fine (ammenda) not exceeding Lm25.

(5) A person who contravenes regulation 48 shall

be guilty of an offence and shall be liable on summary

conviction, to a fine (ammenda) not exceeding Lm25.”.

36. In the First Schedule to the principal regulations, for the words Amends the First

“(Regulation 8)” there shall be substituted the words “(Regulation 6)” Schedule

principal

and, in Part 1 and in Part 2 of the said Schedule, for the words “i.e. A regulations.

person qualified by virtue of the Companies Act or an Accountant

recognized by the Minister responsible for transport” there shall be

substituted the words “i.e. An Auditor or Accountant as defined by the

Accountancy Profession Act.”

37. In the Second Schedule to the principal regulations, for the Amends the Second

Schedule to the

words “(Regulation 9)” there shall be substituted the words “(Regulation principal

12)” and in Part 2 of the said Schedule, for the words “REGULATION regulations.

9” in the title there shall be substituted the words “REGULATION 12”.

38. In the Third Schedule to the principal regulations, for the

words “(Regulation 15)” there shall be substituted the words

“(Regulation 18)”.

39. The Fourth Schedule to the principal regulations shall be

amended as follows>

(a) for the words “(Regulation 26)” there shall be substituted

the words “(Regulation 29)” <

(b) in the Maltese text for the words “bil-kowç u x-

xarabank” there shall be substituted the words “b’vetturi g[at-

trasport tal-passi;;ieri”< and

(c) immediately after the words “Signature and stamp of

the Malta Transport Authority” there shall be inserted the following>

“(Second page of the licence)

General provisions

1. This licence is issued pursuant to Council Regulation

(EEC) No 684#92 of 16 March 1992 on common rules for the

international carriage of passengers by coach and bus, as amended

by Regulation (EC) No 11#98.

2. This licence is issued by the Malta Transport Authority

to the carrier for hire or reward who>

– is authorized to undertake carriage by means of regular

services, including special regular services or occasional

services by coach and bus,

– satisfies the conditions laid down in accordance with

Community rules on admission to the occupation of road

passenger transport operator in national and international

transport operations,

– meets legal requirements on road safety as far as the

standards for drivers and vehicles are concerned.

3. This licence permits the international carriage of

passengers by coach and bus for hire or reward on all transport

links for journeys carried out in the territory of the Community>

– where the place of departure and place of destination

are situated in two different Member States, with or without

transit through one or more Member States or third countries,

– from a Member State to a third country and vice versa,

with or without transit through one or more Member States

or third countries,

– between third countries crossing the territory of one

or more Member States in transit,

and empty journeys in connection with transport

operations under the conditions laid down by Regulation

(EEC) No 684#92.

In the case of a transport operation from a Member State

to a third country and vice versa, Regulation (EEC) No 684#92,

is applicable, for the journey made in the territory of the

Member State of picking up or setting down, once the

necessary agreement between the Community and the third

country in question has been concluded.

4. This licence is personal and non-transferable.

5. This licence may be withdrawn by the Malta Transport

Authority in particular where the carrier>

– no longer meets the conditions laid down in Article 3

(1) of Regulation (EEC) No 684#92,

– has supplied inaccurate information regarding the data

required for the issue or renewal of the licence,

– has committed a serious breach or repeated minor

breaches of road safety regulations, in particular with regard

to the rules applicable to vehicles, driving and rest periods

for drivers and the provision, without authorisation, of parallel

or temporary services as referred to in Article 2 (1.3) of

Regulation (EEC) No 684#92. The Malta Transport Authority

may, inter alia, withdraw the Community licence or make

temporary and#or partial withdrawals of the certified true

copies of the Community licence.

These penalties are determined in accordance with the

seriousness of the breach committed by the holder of the

Community licence and with the total number of certified

true copies that he possesses in respect of his international

trade.

6. The original of the licence must be kept by the carrier. A

certified true copy of the licence must be carried on the vehicle

carrying out an international transport operation.

7. This licence must be presented at the request of any

inspecting officer.

8. The holder must, on the territory of each Member State,

comply with the laws, regulations and administrative measures in

force in that State, particularly with regard to transport and traffic.

9. ‘Regular services’ means services which provide for the

carriage of passengers at specified intervals along specified routes,

passengers being taken up and set down at predetermined stopping

points. Regular services shall be open to all, subject, where

appropriate, to compulsory reservation.

The regular nature of the service shall not be affected by any

adjustment to the service operating conditions.

Regular services require authorization.

‘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 being taken up and set down at

predetermined stopping points.

Special regular services shall include>

(a)

the carriage of workers between home and work<

(b) carriage to and from the educational institution for

school pupils and students<

(c) the carriage of soldiers and their families between

their homes and the area of their barracks.

The fact that a special service may be varied according to the

needs of users shall not affect its classification as a regular service.

Special regular services do not require authorisation if they

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

The organisation of parallel or temporary services, serving

the same public as existing regular services, requires authorisation.

‘Occasional services’ 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. The

organisation of parallel or temporary services comparable to

existing regular services and serving the same public as the latter

shall be subject to authorisation in accordance with the procedure

laid down in Section II of Regulation (EEC) No 684#92. These

services shall not cease to be occasional services solely because

they are provided at certain intervals.

Occasional services do not require authorisation.”.

40. In the Fifth Schedule to the principal regulations, for the word Amends

Schedule to the

“Authorisations” in the title there shall be substituted the word principal

“Authorisation”, for the words “(Regulation 33)” there shall be regulations.

substituted the words “(Regulation 36)”, and for the words “with

regulation 26 et seq” there shall be substituted the words “with the Motor

Vehicles (Carriage of Passengers by Road) Regulations, 2003”.

41. In the Sixth Schedule to the principal regulations, for the Amends the Sixth

Schedule to the

words “(Regulation 34)” there shall be substituted the words principal

regulations.

“(Regulation 37)”.

42. In the Seventh Schedule to the principal regulations, for the Amends the

Seventh Schedule to

words “(Regulation 38)” there shall be substituted the words the principal

“(Regulation 40 and 49)”.

regulations.

43. In the Eighth Schedule to the principal regulations, for the Amends the Eighth

Schedule to the

words “(Regulation 39)” there shall be substituted the words principal

“(Regulation 41)”, for the words “Agreement States” there shall be regulations.

substituted the words “Member States”, and for the words “within the

meaning of regulation 38” there shall be substituted the words “within

the meaning of regulation 41”.

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