Regulations, 2006

L.N. 176 of 2006

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Motor and Horse-drawn Hearses (Operator Licence)

Regulations, 2006

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

Regulation Ordinance and article 32 of the Malta Transport Authority

Act, the Minister for Urban Development and Roads, in consultation

with the Malta Transport Authority, has made the following regulations>-

The title of these regulations is the Motor and Horse-drawn

Hearses (Operator Licence) Regulations, 2006.

For the purpose of these regulations and unless the context

otherwise requires>

“the Authority” means the Malta Transport Authority as

established by the Malta Transport Authority Act<

“hearse” means a hearse driven by a motor vehicle or a horse

drawn carriage used for the conveyance of corpses in coffins<

“hire or reward” means the provision of a service by a hearse

against payment or compensation<

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

any association or group of persons without legal personality, or

any official body.

(1) No person shall operate a hearse for hire or reward

without a hearse operator’s licence issued by the Authority.

(2) No person shall have a hearse registered and licensed in

his name unless that person is licensed to operate such hearse.

(3) No person shall drive, cause or allow to be driven any

hearse for hire or reward unless such hearse is registered and licensed,

in accordance with the Motor Vehicles (Registration and Licensing)

Regulations, 2004, in the name of an undertaking licensed to operate a

hearse.

(1) A licence to operate a hearse for hire or reward may Granting of licence.

only be issued to a person aged 18 years and over, who is of good

repute and who satisfies the conditions of these regulations and of any

other requirements which the Authority may establish.

(2) The licence to operate a hearse shall be issued in the

name of the natural person authorised to represent the undertaking

applying for the licence.

(3) The licence to operate a hearse shall be issued for a

period of five years and it shall not be transferable.

(4) Each licence shall provide for the operation of only one

such hearse.

(5) The licence shall only be granted, or renewed upon

expiry, upon the payment of the applicable fee as provided for in

regulation 9 of these regulations.

(6) For the purpose of this regulation, a person is not

considered to be of good repute if he has>

(a) during the previous five years, been convicted of a crime

liable to a term of imprisonment of three months or more or to a

fine exceeding two hundred liri,

(b) during the previous two years, been convicted of

offences against traffic or road transport regulations.

(1) An application for a licence to operate a hearse shall be Application for a

licence.

made to the Authority.

(2) The application shall be made on the form prescribed

by the Authority and shall contain the following details>

(a) the name and address of the applicant<

(b) the name under which the applicant shall be providing

the service or proposes to provide the service<

(c) details of the hearse being used, including the type, make,

model, year of manufacture<

(d) the location and description of the place where the

applicant will be garaging the hearse while not being used on the

road< and

(e) any other such particulars as the Authority may require.

Where the Authority refuses an application for a licence for

the operation of a hearse, the Authority shall by notice in writing, within

seven days, inform the applicant of its decision and the reasons therefor.

Vehicles which may

Only vehicles which have been constructed to be used for the

conveyance of corpses and which are provided with such furniture,

fittings and lamps as may be directed by the health authorities may be

registered and licensed to be operated on the road for hire or reward.

The Authority shall keep a register containing the name and

address of each holder of a licence to operate a hearse and the registration

number of each hearse which is registered and licensed to be operated

by such operator’s licence holder.

The fee payable to the Authority on the grant or on the renewal

of a licence to operate a hearse shall be Lm25.

No signs or advertising materials shall be displayed on any

hearse licensed and used under these regulations.

Any person who contravenes these regulations shall be liable,

on conviction, to a fine not exceeding Lm500.

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