Regulations, 2007

L.N. 223 of 2007

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Carriage of Passengers by Road) (Amendment)

Regulations, 2007

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 Citation.

(Carriage of Passengers by Road) (Amendment) Regulations, 2007, and

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

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

“the principal regulations”.

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

2 of the principal

follows>-

regulations.

(a) immediately after the definition “Authority” there shall

be inserted the following new definition>

“ “break” means any period during which a driver may

not carry out any driving or any other work and which is used

exclusively for recuperation”<

(b) immediately after the definition “cabotage transport

operations ”, there shall be inserted the following new definition>

“ “carriage by road” means any journey made entirely

or in part on roads open to the public by a vehicle, whether

laden or not, used for the carriage of passengers”<

(c) for the definition “daily driving period” there shall

substituted the following definition>

“ “daily driving time” means the total accumulated

driving time between the end of one daily rest period and the

beginning of the following daily rest period or between a daily

rest period and a weekly rest period<”<

(d) immediately after the definition “daily driving time”

there shall be inserted the following new definitions>

“daily rest period” means the daily period during which

a driver may freely dispose of his time and covers a “regular

daily rest period” and a “reduced daily rest period” as defined

under these regulations<

“Directive 2006#22#EC” means Directive 2006#22#EC

of the European Parliament and of the Council of 15 th March,

2006, on minimum conditions for the implementation of

Council Regulation (EEC) No. 3820#85 and (EEC) No.

3821#85 concerning social legislation relating to road transport

activities and repealing Council Directive 88#599#EEC<”<

(e) in the definition “driver” immediately after the words “is

carried in the vehicle” there shall be added the words “as part of

his duties”<

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

added the following new definitions>

“ “driving period” means the accumulated driving time

from when a driver commences driving following a rest period

or a break until he takes a rest period or a break. The driving

period may be continuous or broken<

“driving time” means the duration of driving activity

recorded automatically or semi-automatically by the recording

equipment as defined in the Malta Vehicles (Weights,

Dimensions and Equipment) Regulations or recorded

manually as required by regulation 37 of the said regulations<”<

(g) immediately after the definition “mobile worker” there

shall be inserted the following new definitions>

“ “motor vehicle” means any self-propelled vehicle

travelling on the road, other than a vehicle permanently

running on rails, and normally used for the carriage of

passengers<

“multi-manning” means the situation where, during each

period of driving between any two consecutive daily rest

periods, or between a daily rest period and a weekly rest

period, there are at least two drivers in the vehicle to do the

driving. For the first hour of multi-manning the presence of

another driver or drivers is optional but for the remainder of

the period it is compulsory<”<

(h) immediately after the definition “operator’s licence for

the carriage of passengers by road” there shall be inserted the

following new definition>

“ “other work” means all activities as defined in the

definition “working times” except driving, including any

work for the same or another employer, within or outside the

transport sector<”<

(i) immediately after the definition “public highway” there

shall be inserted the following new definitions>

“ “reduced daily rest period” means any period of rest

of at least nine hours but less than eleven hours<

“reduced weekly rest period” means any period of rest

of less than 45 hours, which may, subject to the conditions

laid down in regulation 24, be reduced to a minimum of 24

consecutive hours<

“regular daily rest period” means any period of rest of

at least 11 hours. Alternatively, this regular daily rest period

may be taken in two periods, the first of which must be an

uninterrupted period of at least three hours and the second an

uninterrupted period of at least nine hours<

“regular weekly rest period” means any period of rest

of at least 45 hours<”<

(j) for the definition “regular services” there shall be

substituted the following>

“ “regular passenger services” means national and

international services which provide for the carriage of

passengers at specified intervals along specified routes,

passengers being taken on board or disembarking at

predetermined stopping points<”<

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

following>

“ “rest” means any uninterrupted period during which

the driver may freely dispose of his time<”<

(l) immediately after the definition “week” there shall

be added the following new definitions>

“ “weekly driving time” means the total accumulated

driving time during a week<

“weekly rest period” means the weekly period during

which a driver may freely dispose of his time and covers a

“regular weekly rest period” and a “reduced weekly rest period

as defined under these regulations<”.”

For regulation 17 of the principal regulations there shall be

substituted the following>

“17. (1) Regulations 18 to 27 shall only apply to

international carriage by road of passengers by vehicles which are

constructed or permanently adapted for carrying more than nine

persons including the driver, and are intended for that purpose.

(2) The following types of vehicles shall be exempt

from the provisions of this Part of the regulations>

(a) vehicles with a maximum authorised speed not

exceeding 40 kilometres per hour< and

(b) commercial vehicles, which have a historic status,

which are used for the non-commercial carriage of passengers.

(3) For the purpose of this part of the regulations,

“transport undertaking” shall mean any natural person, any legal

person, 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, which engages in carriage

by road, whether for hire or for own account.”.

Regulation 22 of the principal regulations shall be amended

as follows>

(a) for paragraph (a) of sub-regulation (2), there shall be

substituted the following>

“(a) The daily driving time, including all driving time

on the territory of the European Union or of a third country,

shall not exceed nine hours, but it may be extended up to

twice in any week to not more than ten hours.”.

(b) sub-regulation (3) shall be renumbered sub-regulation

(4)<

(c) immediately after sub-regulation (2) there shall be inserted

the following new sub-regulation>

“(3) The weekly driving time, including all driving

time on the territory of the European Union or of a third

country, shall not exceed 56 hours and shall not result in the

maximum weekly working time laid down in sub-regulation

(1) (a).”< and

(d) immediately after sub-regulation (4) as renumbered,

there shall be inserted the following new sub-regulation>

“(5) A driver shall record as other work any time spent

in activities as defined as “working time” in regulation 2 as

well as any time spent driving a vehicle used for commercial

operations, and shall also record any “period of availability”,

as defined in regulation 2, since his last daily or weekly rest

period. This record shall be entered either manually on a record

sheet, a printout or by the use of manual input facilities on

recording equipment.”.

Regulation 23 (2) of the principal regulations shall be amended Amends regulation

23 of the principal

as follows>

regulations.

(a) paragraph (a) shall be amended as follows<

“(a) A driver shall take an uninterrupted break of not

less than forty-five minutes after a driving period of four-

and-a-half-hours, unless he takes a rest period.”.

(b) in paragraph (b), for the word “breaks” there shall be

substituted the words “a break”, for the words “each distributed”

there shall be substituted the words “followed by a break of at

least thirty minutes, each distributed”, and the words “or

immediately after this period” shall be deleted< and

(c) paragraphs (c) and (d) shall be deleted.

For regulation 24 of the principal regulations there shall be

substituted the following>

(1) A driver or any other mobile worker shall

have daily and weekly rest periods.

(2) A daily rest period of eleven hours shall be

taken within each period of twenty-four hours after the end

of the previous daily rest period or weekly rest period>

Provided that the daily rest period may be reduced to at

least nine hours no more than three times between any two

weekly rest periods.

(3) A daily rest period may be extended to make

a regular weekly rest period or a reduced weekly rest period.

(4) Notwithstanding sub-regulation (2), a driver

engaged in multi-manning shall, within thirty hours of the

end of a daily or weekly rest period, take a new daily rest

period of at least nine hours.

(5) (a) In any two consecutive weeks a driver

or any other mobile worker shall take at least>

(i) two regular weekly rest periods, or

(ii) one regular weekly rest period and one

reduced weekly rest period of at least twenty-four hours>

Provided that the reduction shall be compensated

by an equivalent period of rest taken en bloc before the

end of the third week following the week in question.

(b) A weekly rest period shall start no later than

at the end of six twenty-four-hour periods from the end of the

previous weekly rest period.

(6) (a) Any rest taken as compensation for a

reduced weekly rest period shall be attached to another

rest period of at least nine hours.

(b) Where a driver or any other mobile

worker chooses to do this, daily rest periods and reduced

weekly rest periods away from base may be taken in a

vehicle, as long as the vehicle has suitable sleeping

facilities for each driver or mobile worker and the vehicle

is stationary.

(7) A weekly rest period that falls in two weeks

may be counted in either week, but not in both.”.

7. For regulation 25 of the principal regulations there shall be Substitutes

regulation 25 of the

substituted the following>

principal

regulations.

(1) Notwithstanding regulation 24, a driver or any

“Interruption

of daily rest

mobile worker engaged in the carriage of passengers who

accompanies a vehicle which is transported by ferry or train,

that driver or mobile worker may interrupt the regular daily

rest period not more than twice by other activities not

exceeding one hour in total and during that regular daily rest

period, the driver or mobile worker shall have access to a

bunk or couchette.

(2) Any time spent travelling to a location to take

charge of a motor vehicle used for the carriage of passengers,

or to return from that location, when the vehicle is neither at

the driver’s or mobile worker’s home nor at the employer’s

operational centre where the driver or other mobile worker is

normally based, shall not be counted as a rest or break unless

the driver or mobile worker is on a ferry or train and has

access to a bunk or couchette.

(3) Any time spent by a driver driving any other

motor vehicle which is not a passenger carrying motor vehicle,

which is not at the driver’s home or at the employer’s

operational centre where the driver is normally based, shall

count as other work.

(4) Provided that road safety is not thereby

jeopardised and to enable the vehicle to reach a suitable

stopping place, the driver may depart from the provisions of

regulations 22 to 24 to the extent necessary to ensure the

safety of persons, of the vehicle or its load. The driver shall

indicate the reason for such departure manually on the record

sheet of the recording equipment or on a printout from the

recording equipment or in the duty roster, at the latest on

arrival at the suitable stopping place.”.

8. For regulation 26 of the principal regulations there shall be Substitutes

regulation 26 of the

substituted the following>

principal

regulations.

(1) A transport undertaking shall not give drivers

it employs or who are put at its disposal any payment, even in

the form of a bonus or wage supplement, related to distances

travelled if that payment is of such a kind as to endanger road

safety and, or encourages infringement of these regulations.

(2) A transport undertaking shall be liable, unless

proved otherwise, for infringements committed by drivers of

the undertaking, even if the infringement is committed on the

territory of another Member State or of a third country.

(3) Transport undertakings shall ensure that –

(a) all data is downloaded from the vehicle’s

recording equipment at least every three months and from

the driver card at least every 28 days<

(b) all data downloaded from both the vehicle’s

recording equipment and from the driver card is kept

for at least 12 months following recording and, should

an inspecting officer request it, such data shall be

accessible, either directly or remotely, from the premises

of the undertaking.

(4) Undertakings, tour operators, principal contractors,

subcontractors and driver employment agencies shall ensure

that contractually agreed transport time schedules respect these

regulations.”.

9. Regulation 27 of the principal regulations shall be amended

as follows>

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

mobile worker” there shall be substituted the words “notify every

driver or any other mobile worker”<

(b) in sub-regulation (1) (b) for the words “by each mobile

worker” there shall be substituted the words “by each driver or

mobile worker”<

(c) in sub-regulation (1) (c) for the words “at the request of

a mobile worker” there shall be substituted the words “at the request

of a driver or any other mobile worker”, and for the words “by that

worker” there shall be substituted the words “by that driver or that

other mobile worker”<

(d) in sub-regulation (1) (d) for the words “organize drivers’

work in such a way that drivers” there shall be substituted the

words “organize drivers’ and other mobile workers’ work in such

a way that drivers and other mobile workers”< and

(e) in sub-regulation (2) for the words “A mobile worker”

there shall be substituted the words “A driver or any other mobile

worker”.

10. In regulation 29 (1) of the principal regulations, paragraph Amends regulation

(b) shall be deleted and paragraph (c) shall be renumbered as paragraph 29

regulations.

11. For regulation 54 of the principal regulations there shall be Substitutes

regulation 54 of the

substituted the following>

principal

regulations.

“54. (1) The Authority shall check on the compliance

of the international road passenger transport operator through

random checks carried out at the quayside, roadside or at the

premises of the undertaking in accordance with Directive

2006#22#EC.

(2) Such checks shall be carried out by authorized

inspecting officers using –

(a) equipment capable of downloading data from

the vehicle unit and driver card of the digital tachograph,

reading data, and analyzing data and, or transmitting

findings to a central database for analysis,

(b) equipment to check the tachograph sheets.”.

12. For regulation 55 of the principal regulations there shall be Substitutes

regulation 55 of the

substituted the following>

principal

regulations.

“55.

Quayside or roadside checks shall cover –

(a) daily and weekly driving times, breaks and

daily and weekly rest periods, as well as the preceding

days’ record sheets which have to be carried on board

the vehicle and, or the data stored for the same period

on the driver card and, or in the memory of the recording

equipment and, or on printouts<

(b) any cases where the vehicle’s authorized speed

of 100 km per hour has been exceeded during the current

week, and in any case for the last day of the previous

week on which the driver has driven the vehicle<

(c) where appropriate, momentary speeds attained by

the vehicle as recorded by the recording equipment in no

more than the previous twenty-four hours’ use of the vehicle<

(d) the correct functioning of the recording equipment,

thus determining the possible misuse of the equipment and,

or the driver card, and, or record sheets< and

(e) technical requirements of the regulations

regulating weights, dimensions and equipment for motor

vehicles.”.

13. For regulation 56 of the principal regulations there shall be

substituted the following>

“56. Checks shall also be carried out at the premises

of passenger transport undertakings operating internationally

established in Malta and these checks shall, in addition to the

provisions of regulation 55, include the following>

(a) weekly rest period and driving times between

these rest periods<

(b) observance of the two-weekly limitations of

driving times< and

(c) record sheets, vehicle unit and driver card data

and printouts.”.

14. For sub-regulations (4) and (5) of regulation 58 of the

principal regulations there shall be substituted the following>

“(4) Any person who contravenes the provisions of

regulations 22 to 27 shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of twenty-five liri.

(5) Any person who contravenes regulations 29(2) and

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

to a fine (ammenda) not exceeding twenty-five liri.”.

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

Lm0.40 (€0.93)