Regulations, 2006

L.N. 134 of 2006

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Carriage of Goods 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 shall be the Motor Vehicles

(Carriage of Goods by Road) (Amendment) Regulations, 2006, and shall

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

Goods by Road) Regulations, 2003, hereinafter referred to as “the

principal regulations”.

Regulation 2 of the principal regulations shall be amended as

follows>–

(a)

the definition “agreement” shall be deleted<

(b) immediately before the definition “authorization” there

shall be inserted the following new definition>

“ “AETR” means the European Agreement concerning

the Work of Crews of Vehicles engaged in International Road

Transport<”<

(c) in the definition “authorised inspecting officer”,

immediately after the words “Police Officer” there shall be added

the words “or a local warden”<

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

the following>

“ “cabotage transport operations” means the performing

of national road haulage operations for hire or reward within

Malta by a non-resident haulier 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 the country at least once a

month<”<

(e) immediately after the definition “carriage by road” 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 authorisation” means a licence issued by

the competent authorities of a Member State to a haulier

established in that Member State in accordance with Articles

5 and 7 of Council Regulation (EEC) No 881#92 on access to

the market in the carriage of goods by road within the

Community to or from the territory of a Member State or

passing across the territory of one or more Member States<”<

(g) immediately after the definition “Community

authorisation” 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 “ECMT” 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 Cap. 460.

and Liechtenstein<”<

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

substituted the following>

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

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

compensation, whether such payment or compensation is

made directly or indirectly<”<

(j) immediately after the definition “holder” 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

of goods by road for hire or reward or on its own account<

“night time” means a period of four hours between 01.00

and 05.00<

“night work” means any work performed during night

time<”<

(k) in the proviso to the definition “normal residence”, for

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

“Member States”, and for the subsequent words “Agreement State”

there shall be substituted the words “Member State”<

(l) immediately after the definition “occupation of road

haulage operator” there shall be added the following new definition>

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

means a licence issued by the Authority to undertakings

established in Malta<”<

(m) immediately after the definition “own account” there

shall be inserted the following new definitions>

“ “partnership” includes an association, not registered

under the Companies Act, between two or more persons<

“ 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<”<

(n) immediately after the definition “rigid bodied vehicle”

there shall be added the following new definition>

“ “self-employed driver” means anyone whose main

occupation is to transport goods 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<”<

(o) 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, loading and

unloading, cleaning and technical maintenance, and all

other work intended to ensure the safety of the vehicle,

its cargo 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 times 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<”< and

(p) immediately after the 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

substituted the following>

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

road haulage operator for hire or reward unless duly authorized by

the Authority under these regulations.

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

the carriage of goods by road to any undertaking that proposes to

use goods 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 goods by

road shall be issued in the name of a natural person authorized to

represent the undertaking.

(4) An operator’s licence for the carriage of goods 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 freight operations, intends carrying goods

outside Malta<

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

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

road freight operations, intends carrying goods only in Malta>

Provided that an international operator’s licence for the

carriage of goods by road shall cover both the carriage of

goods by road outside Malta and within Malta.

(6) 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.

(7) The holder of an operator’s licence for the carriage

of goods by road shall be in possession of an operating centre

where vehicles used under the said licence shall be kept while not

Regulations 7 to 14 of the principal regulations shall be Renumbering of

regulations 7 to 14

renumbered as regulations 10 to 17 respectively.

of the principal

regulations.

Immediately after regulation 6 of the principal regulations, Adds new

regulations 7 to 9 to

there shall be inserted the following new regulations 7 to 9>

the principal

regulations.

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

operator’s licence for the carriage of goods by road shall be

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

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 an

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 freight business or proposed such business.

The said vehicles shall be registered with the Authority<

(e) where the vehicle to be covered by the

operator’s licence is yet not registered in the name of

the applicant, a signed declaration from the registered

owner in favour of the operation of the said vehicle under

that particular operator’s licence<

(f) particulars of the financial resources available

as regards any relevant such 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 freight 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 21 days starting 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.

(1) The Authority shall set up and maintain a

Road Freight

register to be known as the Road Freight Operators’ 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 goods 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 10 of the principal regulations, as renumbered, shall Amends regulation

10 as renumbered,

be amended as follows>

of the principal

regulations.

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

following>

“(1) An undertaking wishing to engage in the

occupation of road haulage operator as set out in these

regulations, shall satisfy the requirements as laid down

hereunder>

(a) where the applicant for an operator’s licence

for the carriage of goods by road is a natural person, that

person shall satisfy the Authority that he is of good repute

and conduct and of appropriate financial standing and

satisfies the condition as to professional competence<

(b) where the applicant for an operator’s licence

for the carriage of goods by road is a partnership, it shall

satisfy the Authority that each of the partners is of good

repute and conduct and that the said partnership is of

appropriate financial standing and satisfies the condition

as to professional competence<

(c) where the applicant for an operator’s licence

for the carriage of goods by road is a company, it shall

satisfy the Authority that each of the directors is of good

repute and conduct and the said company is of

appropriate financial standing and satisfies the condition

as to professional competence<

(d) where the applicant for an operator’s licence

for the carriage of goods by road is a cooperative or an

association, it shall satisfy the Authority that each

member of the committee of the cooperative or

association, as the case may be, is of good repute and

conduct and that the cooperative or association is of

appropriate financial standing and satisfies the condition

as to professional competence.”<

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

(c) of subregulation (1),” there shall be substituted the words “of

professional competence,”, and for the words “paragraphs (a) and

(c) of subregulation (1),” there shall be substituted the words “the

requirements of good repute and conduct and professional

competence,”<

(c) for sub-regulation (3) thereof there shall be substituted

the following>

“(3) Where the application is made by an undertaking

that is not a natural person, the requirement of professional

competence shall be satisfied by a natural person so designated

to the Authority who will continuously and effectively manage

the undertaking in accordance with these regulations. That

natural person shall also satisfy the rquirement of good repute

and conduct.”< and

(d) 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 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 requirements of good repute

and conduct and professional competence.”.

7. In sub-regulation (4) of regulation 12 of the principal

regulations, as renumbered, for the words “For the purpose of regulation

7, the Authority” there shall be substituted the words “The Authority”,

and for the words “establishment in the format indicated in the First

Schedule to these regulations” there shall be substituted the word

“institution”.

8. In regulation 13 of the principal regulations, as renumbered,

for the words “Third Schedule” there shall be substituted the words

“Second Schedule”.

9. Regulation 14 of the principal regulations, as renumbered, shall

be amended as follows>

(a) 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.”<

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

7” there shall be substituted the words “regulation 10”< and

(c) in sub-regulation (4) for the words “regulation 7” there

shall be substituted the words “regulation 10”.

Regulation 15 of the principal regulations, as renumbered, Amends regulation

15 as renumbered,

shall be amended as follows>

of the principal

regulations.

(a) the whole regulation shall be renumbered as sub-

regulation (1) thereof<

(b) in paragraph (a) thereof, for the words “regulation 7”

there shall be substituted the words “regulation 10”<

(c) in paragraph (d) 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.”<

(d) immediately after paragraph (d) thereof, there shall be

inserted the following new paragraph>

“ “(e) 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.”< and

(e) the last paragraph thereof, starting with the words

“Where offences” and ending with the words “penalties imposed.”

shall be renumbered as sub-regulation (2), and for the words

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

“Member States”.

In regulation 16 of the principal regulations, as renumbered,

for the words “sub-regulation (1) of regulation 7” there shall be

substituted the words “paragraphs (a) and (c) of sub-regulation (1) of

regulation 10”, and for the words “regulation 10” there shall be

substituted the words “regulation 13”.

Regulations 15 to 83 of the principal regulations shall be

renumbered as regulations 19 to 87 respectively.

Immediately after regulation 17 of the principal regulations,

as renumbered, there shall be inserted the following new regulation 18>

“International

Regulations 19 to 33 shall only apply to

carriage.

international carriage of goods by road.”.

14. In regulation 19 of the principal regulations, as renumbered,

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

“Member State” and for the words “regulation 16” there shall be

substituted the words “regulation 20”.

15. In regulation 22 of the principal regulations, as renumbered,

for the words “regulation 16” there shall be substituted the words

“regulation 20”.

16. Regulation 23 of the principal regulations, as renumbered,

shall be amended as follows>

(a) for the words “Ninth Schedule” there shall be substituted

the words “Seventh Schedule”, and

(b) for the words “Agreement States” there shall be

substituted the words “Member States”.

17. In paragraph (a) of regulation 26 of the principal regulations,

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

substituted the words “Member State”.

18. Regulation 27 of the principal regulations, as renumbered, Amends

27 as renumbered,

shall be amended as follows>

of the principal

regulations.

(a) for the marginal note to the regulation there shall be

substituted the words “Working time and driving period.”<

(b) sub-regulations (1) and (2) thereof shall be renumbered

as sub-regulations (2) and (3) respectively 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 each 24 hour period>

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 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 paragraph (b) of sub-regulation (2), as renumbered,

for the words “regulation 25” there shall be substituted the words

“regulation 29”.

For regulation 28 of the principal regulations, as renumbered,

there shall be substituted the following>

“28. (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 sub-regulation, 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 paragraph (a) of sub-regulation (1) of regulation 29 of the Amends regulation

29 as renumbered,

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

shall be substituted the words “mobile worker”.

regulations.

In regulation 30 of the principal regulations, as renumbered, Amends regulation

for the words “regulation 23” there shall be substituted the words 30

of the principal

“regulation 27”.

regulations.

For regulation 33 of the principal regulations, as renumbered, Amends

33 as renumbered,

there shall be substituted the following>

of the principal

regulations.

(1) An employer shall -

(a) organize mobile workers’ work in such a way

that mobile workers are able to comply with the relevant

provisions of these regulations and any other relevant

legislation,

(b) notify every mobile worker in his employment

of the provisions of regulations 27 to 30 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,

(c) 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,

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

copy of the record of hours worked by that worker.

(2) A mobile worker shall notify to 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 27 to 29 shall be guilty of

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

of Lm25.”.

23. In regulation 34 of the principal regulations, as renumbered,

for the words “regulations 15 to 29” there shall be substituted the words

“regulations 19 to 33”.

24. In regulation 36 of the principal regulations, as renumbered,

for the words “regulation 34” there shall be substituted the words

“regulation 38”.

25. Regulation 38 of the principal regulations, as renumbered,

shall be amended as follows>

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

Licence” there shall be substituted the words “Community

authorisation”<

(b) in paragraph (b) of sub-regulation (1) for the words

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

States” and for the words “regulation 7” there shall be substituted

the words “regulation 10”<

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

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

words “non-Agreement” there shall be substituted the words “non-

Member”.

26. In paragraph (a) of sub-regulation (1) of regulation 40 of the

principal regulations, as renumbered, for the words “regulations 5 to 13

and 19” there shall be substituted the words “regulations 5 to 16 and

23”.

27. For regulation 41 of the principal regulations, as renumbered, Amends

41 as renumbered,

there shall be substituted the following>

of the principal

regulations.

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

regulations 39 and 40 shall be notified in writing, to the applicant

or holder, as the case may be, within seven days, giving the reasons

therefor>

(2) The applicant or holder, as the case may be, may,

within twenty-one days beginning on the date of such notification

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

provisions of the Malta Transport Authority Act.”.

28. In regulation 52 of the principal regulations, as renumbered, Amends regulation

52 as renumbered,

for the words “Agreement States” there shall be substituted the words of the principal

“Member States”.

regulations.

29. In the heading appearing immediately before regulation 53 Amends heading

before regulation 53

of the principal regulations, as renumbered, for the words “Agreement as renumbered, of

the principal

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

regulations.

30. Regulation 53 of the principal regulations, as renumbered, Amends regulation

53 as renumbered,

shall be amended as follows>

of the principal

regulations.

(a) for the words “non-Agreement State” there shall be

substituted the words “non-Member State”< and

(b) the words “, under the conditions laid down in these

regulations,” shall be deleted.

31. Regulations 55 and 56 of the principal regulations, as Repeals regulations

55 and 56, as

renumbered, shall be repealed.

renumbered, of the

principal

regulations.

32. Regulation 58 of the principal regulations, as renumbered, Amends regulation

58 as renumbered,

shall be amended as follows>

of the principal

regulations.

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

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

the sub-regulation shall be renumbered as the whole proviso of

the regulation< and

(b) sub-regulations (2) and (3) thereof shall be deleted.

33. Regulations 59 and 60 of the principal regulations, as

renumbered, shall be repealed.

In regulation 61 of the principal regulations, as renumbered,

for the words “Agreement States”in the proviso thereto there shall be

substituted the words “Member States”.

In regulation 64 of the principal regulations, as renumbered,

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

“Member States”<

In regulation 65 of the principal regulations, as renumbered,

for the words “regulation 62” there shall be substituted the words

“regulation 66”.

In regulation 76 of the principal regulations, as renumbered,

for the words “the Chief Government Medical Officer in Malta or a

recognised competent authority from an Agreement State” there shall

be substituted the words “by the Director General of the Health Division

in Malta or a recognised competent authority in a Member State”.

In sub-regulation (2) of regulation 79 of the principal

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

be substituted the words “Member State”, and for the words “regulations

5 to 29” there shall be substituted the words “regulations 5 to 33”.

In regulation 80 of the principal regulations, as renumbered,

for the words “regulation 74” there shall be substituted the words

“regulation 78”.

Immediately after regulation 87 of the principal regulations,

as renumbered, there shall be inserted the following new regulation>

“Contraventions

88. (1) Any person who contravenes regulation 5 of

and fines.

these regulations shall be guilty of an offence and shall, on

summary conviction thereof, be liable to a fine (multa) of

Lm25.

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

for himself or for another person the grant or renewal of a

haulier operator’s licence, makes a declaration required by

these regulations which he knows to be false, shall be liable

to criminal action.

(3) Any person who makes use of a vehicle for

the carriage of goods for hire or reward when that vehicle is

not listed in an operator’s licence, shall be guilty of an offence

and shall, on conviction, be liable to a fine (ammenda) not

exceeding Lm25.

(4) Any person who contravenes the provisions

of regulation 38 (2) shall be guilty of an offence and shall, on

conviction, be liable to a fine (ammenda) of Lm25.

(5) Any person who contravenes the provisions

of regulation 58 (2) shall, be guilty of an offence and shall,

on conviction, be liable to a fine (ammenda) of Lm25.

(6) Any person who contravenes regulation 62

shall be guilty of an offence and shall, on conviction, be liable

to a fine (ammenda) of Lm25.”.

Regulation 84 of the principal regulations shall be renumbered Renumbers

regulation 84 of the

as regulation 89.

principal

regulations.

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

“(Regulation 9)” there shall be substituted the words “(Regulation 7)” 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.”

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

words “Regulation 10”, wherever they appear, there shall be substituted Schedule

principal

the words “Regulation 13”.

regulations.

In the Third Schedule to the principal regulations, for the Amends the Third

words “(Regulation 16)” there shall be substituted the words Schedule

principal

“(Regulations 20 and 21)”.

regulations.

The Fourth Schedule to the principal regulations shall be Amends the Fourth

Schedule to the

amended as follows>

principal

regulations.

(1) for the words “(Regulations 32, 33)” in Part I there shall

be substituted the words “(Regulations 36 and 37)” <

(2) for the words “(Regulation 43)” in Part II there shall be

substituted the words “(Regulation 47).

The Fifth Schedule to the principal regulations shall be

amended as follows>

(a) for the words “(Regulation 34)”, there shall be

substituted the words “(Regulation 38)”, for the words “Ministry

for Transport and Communications” there shall be substituted the

words “European Community”, and for the words “Agreement

States, in accordance with the Motor Vehicles (Carriage of Goods

by Road Regulations” there shall be substituted the words

“Community, as laid down in Council Regulation (EEC) No 881#92

of 26 March 1992 and subject to the general provisions of this

authorization.”< and

(b) immediately after the first page of the authorization there

shall be inserted the following>

“(Second page of the authorisation)

General provisions

This authorisation is issued under Council Regulation (EEC)

No 881#92 of 26 March 1992, on access to the market in the carriage

of goods by road within the Community to or from the territory of

a Member State or passing across the territory of one or more

Member States.

It entitles the holder to engage in the international carriage of

goods by road for hire or reward by any route for journeys or parts

of journeys effected within the territory of the Community and,

where appropriate, subject to the conditions laid down herein>

– where the point of departure and the point of arrival

are situated in two different Member States, with or without

transit through one or more Member States or non-member

countries,

– from a Member State to a non-member country or vice

versa, with or without transit through one or more Member

States or non-member countries,

– between non-member countries with transit through

the territory of one or more Member States,

and unladen journeys in connection with such carriage.

In the case of carriage from a Member State to a non-member

country or vice versa, this authorisation is valid for that part of the

journey effected on the territory of the Member State of loading

and unloading upon conclusion of the necessary agreement between

the Community and the non-member country in question in

accordance with Regulation (EEC) No 881#92.

The authorisation is personal to the holder and is not

transferable.

It may be withdrawn by the Malta Transport Authority,

notably where the haulier has>

– not complied with all the conditions for using the

authorisation,

– supplied incorrect information with regard to the data

needed for the issue or extension of the authorisation.

The original of the authorisation must be kept by the haulage

undertaking.

A certified copy of the authorisation must be kept in the

vehicle. In the case of a coupled combination of vehicles it must

accompany the motor vehicle. It covers the coupled combination

of vehicles even if the trailer or semi-trailer is not registered or

authorised to use the roads in the name of the authorisation holder

or if it is registered or authorised to use the roads in another Member

State.

The authorization must be produced whenever required by

an authorised inspecting officer.

Within the territory of each Member State the holder must

comply with the laws, regulations and administrative provisions

in force in that State, in particular with regard to transport and

traffic.

In the Sixth Schedule to the principal regulations for the words Amends the Sixth

Schedule to the

“(Regulations 39 and 45)” there shall be substituted the words principal

regulations.

“(Regulations 43 and 49)”.

The Seventh Schedule and the Eighth Schedule to the Repeals the Seventh

and Eighth

principal regulations shall be repealed.

Schedules to the

principal

regulations.

The Ninth Schedule to the principal regulations shall be

renumbered as the Seventh Schedule.

The Seventh Schedule to the principal regulations, as

renumbered, shall be amended as follows>

(a) for the words “(Regulation 19)” there shall be substituted

the words “(Regulation 23)” and for the words “Ministry for

Transport and Communications” there shall be substituted the

words “European Community”< and

(b) under General Provisions, for the words “This attestation

is issued under the Motor Vehicles (Carriage of Goods by Road)

Regulations” there shall be substituted the words “This attestation

is issued under Council Regulation (EEC) No 881#92 of 26 March

1992, as amended, on access to the market in the carriage of goods

within the Community to or from the territory of a Member State

or passing across the territory of one or more Member States”.

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