Motor Vehicles (Weights, Dimensions and Equipment)

L.N. 345 of 2007

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Weights, Dimensions and Equipment)

(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, after consultation with the Malta Transport Authority, made the

following regulations>-

The title of these regulations is the Motor Vehicles (Weights,

Dimensions and Equipment) (Amendment) Regulations, 2007, and they

shall be read and construed as one with the Motor Vehicles (Weights,

Dimensions and Equipment) Regulations, 2003, hereinafter referred to

as “the principal regulations”.

Regulation 2 of the principal regulations shall be amended as

(a) immediately after the definition “bus” there shall be

inserted the following new definitions>

“company data card” means a removable data transfer

and storage device issued by the Authority to the owner of

vehicles fitted with recording equipment. The company data

card allows for displaying, downloading and printing of the

data stored in the recording equipment fitted in the company’s

vehicle or vehicles<

“control card” means a removal data transfer and storage

device for use in the card reader of the recording equipment,

issued by the Authority to its enforcement section to get access

to the data stored in the data memory or in the driver cards

for reading, printing and, or downloading<

“the Council Regulation on recording equipment” means

Council Regulation (EEC) No. 3821#85 of 20 th December

1985 on recording equipment in road transport, as amended<”<

(b) immediately after the definition “data memory” there

shall be inserted the following new definition>

“downloading” means copy of a part or of a complete

set of data stored in the data memory of the vehicle or in the

memory of the driver card. Dowloading may not alter or delete

any stored data. Downloaded data are protected in such a way

as to make attempts to data manipulation detectable< origin

of downloaded data must be authenticable. Downloaded data

are kept in a format that can be used by any authorised

person<”<

(c) in the definition “driver card (with memory)”, for the

words “the requirements to be laid down by the Authority” there

shall be substituted the words “the requirements laid down in

Chapter IV of Annex I(B) to Council Regulation (EEC) No.

3821#85 on recording equipment in road transport, as amended<”<

(d) in the definition “recording equipment”, for the words

“work periods of their drivers<” there shall be substituted the words

“work periods of their drivers. This equipment includes cables,

sensors, an electronic driver information device, one (two) card

reader(s) for the insertion of one or two driver memory card(s), an

integrated or separate printer, display instruments, facilities for

downloading the data memory, facilities to display or print

information on demand and facilities for the input of the places

where the daily work period begins and ends<”<

(e) immediately after the definition “speed limitation

device” there shall be inserted the following new definition>

“test station card” means a removable data transfer and

storage device for use in the card reader of the recording

equipment issued by the Authority to authorised bodies. The

test station card identifies the body and allows for testing,

calibration and programming of the recording equipment<”.

In regulation 27 of the principal regulations, for the words “in Amends regulation

category M3 exceeding 10 tonnes g.v.w and category N3” there shall 27

regulations.

be substituted the words “in categories M2, M3, N2 and N3”.

For regulation 29 of the principal regulations there shall be Substitutes

regulation 29 of the

substituted the following>

principal

regulations.

(1) All motor vehicles referred to in regulation

27 put into service for the first time before 1 st May 2006 shall

be fitted with recording equipment installed in accordance

with the Council Regulation on recording equipment and

which comply with either Annex I or Annex IB and with

Annex II to the said Regulation.

(2) All motor vehicles referred to in regulation

27 put into service for the first time on the 1 st May 2006 or

after that date shall be fitted with recording equipment

installed in accordance with the Council Regulation on

recording equipment and which comply with Annex IB and

Annex II to that Regulation.”.

5. For regulation 30 of the principal regulations there shall be

substituted the following>

No person shall use, or cause or permit to be used,

a vehicle referred to in regulation 27 unless that vehicle is

fitted with recording equipment in accordance with the

preceding regulation.”.

6. For regulation 31 of the principal regulations there shall be

substituted the following>

The Authority shall be responsible for the issue

of>

(a) a driver card to a driver who has his normal

residence in Malta,

(b) a company data card to an undertaking which

owns vehicles fitted with recording equipment,

(c) a test station card to fitters or workshops

authorised to install and repair recording equipment, and

(d) a control card to an authorised inspecting

officer.”.

7. For regulation 32 of the principal regulations there shall be

substituted the following>

(1) Test station cards issued to approved

“Cards issued

workshops. workshops or fitters shall only be valid for a period not

exceeding one year.

(2) Where a card issued to an approved workshop

or fitter is to be extended, is damaged, malfunctions, is lost

or is stolen, the Authority shall issue a replacement card within

five working days of receiving a detailed request to that

effect.”.

8. For paragraph (d) of regulation 35 of the principal regulations, Amends regulation

35 of the principal

there shall be substituted the following>

regulations.

“(d) keep the record sheets and print-outs, whenever print-

outs have been made, in chronological order and in a legible form

for a period of one year after their use and shall give copies to the

drivers concerned requesting them. The undertaking shall also give

copies of downloaded data from the driver cards to the drivers

concerned requesting them and the printed papers of these copies.

The record sheets, print-outs and downloaded data shall be

produced or handed over at the request of any authorised inspecting

officer<”.

9. For paragraph (i) of regulation 36 of the principal regulations Amends regulation

36 of the principal

there shall be substituted the following>

regulations.

“(i) operate the switch mechanisms enabling the following

periods of time to be recorded separately and distinctly>

i. under the sign>

driving time<

ii. under the sign>

any activity other than

driving, namely>

(i) loading and unloading<

(ii) assisting passengers

boarding

and

disembarking from the vehicle<

(iii) cleaning and technical maintenance<

(iv) all other work intended to ensure the safety

of the vehicle, its cargo and passengers or to fulfil the

legal or regulatory obligations directly linked to the

specific transport operation under way, including

monitoring of loading and unloading, administrative

formalities with police, customs, immigration officers

etc.<

(v) other work for the same or another employer,

within or outside the transport sector<

iii. under the sign>

availability, namely>

- periods other than those relating to break times

and rest times during which the driver 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. In particular such periods of availability shall

include periods during which the driver 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.These periods and their foreseeable

duration shall be known in advance by the driver, that is

to say either before departure or just before the actual

start of the period in question, or under the general

conditions negotiated between the social partners and,

or under the terms of existing legislation.

iv. Under the sign>

breaks in work

and daily rest

periods.”.

10. For regulation 37 of the principal regulations there shall be

substituted the following>

“37. (1) When, as a result of being away from the vehicle,

a driver is unable to use the equipment fitted to the vehicle, the

periods of time referred to in indents (ii), (iii) and (iv) of paragraph

(i) of regulation 36 shall>

(a) if the vehicle is fitted with recording equipment in

conformity with Annex I to the Council Regulation on

recording equipment, be entered on the record sheet, either

manually, by automatic recording or other means, legibly and

without dirtying the sheet< or

(b) if the vehicle is fitted with recording equipment in

conformity with Annex IB to the Council Regulation on

recording equipment, be entered onto the driver card using

the manual entry facility provided in the recording equipment.

(2) Where there is more than one driver on board the

vehicle fitted with recording equipment in conformity with Annex

IB to the Council Regulation on recording equipment, each driver

shall ensure that his driver card is inserted into the correct slot in

the tachograph.”.

11. Regulation 40 of the principal regulations shall be amended Amends

40 of the principal

regulations.

(a) for sub-regulation (2) there shall be substituted the

following>

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

recording equipment in conformity with Annex I to the

Council Regulation on recording equipment, the driver must

be able to produce, whenever an inspecting officer so requests>

(i) the record sheets for the current week and those

used by the driver in the previous 15 days<

(ii) the driver card if he holds one< and

(iii) any manual record and print-out made during

the current week and the previous 15 days as required

under these regulations.

However, after 1 st January 2008, the time periods

referred to under (i) and (ii) shall cover the current day

and the previous 28 days.

(b) Where the driver drives a vehicle fitted with

recording equipment in conformity with Annex IB to the

Council Regulation on recording equipment, the driver must

be able to produce, whenever an inspecting officer so requests>

(i) the driver card of which he is the holder<

(ii) any manual record and print-out made during

the current week and the previous 15 days as required

under these regulations< and

(iii) the record sheets corresponding to the same

period as the one referred to in the previous sub-

paragraph during which he drove a vehicle fitted with

recording equipment in conformity with Annex I to the

Council Regulation on recording equipment.

However, after 1 st January 2008, the time periods

referred to under (ii) shall cover the current day and the

previous 28 days.”<

(b) immediately after sub-regulation (2) there shall be

inserted the following new sub-regulation (3)>

“(3) A transport undertaking which uses vehicles that

are fitted with recording equipment complying with Annex

IB to the Council Regulation on recording equipment and

that fall within the scope of these regulations shall>

(i) ensure that all data are downloaded from the

vehicle unit at least every three months and from the

driver card at least every 28 days<

(ii) ensure that all data downloaded from both the

vehicle unit and driver card are kept at least 12 months

following recording and, should any inspecting officer

request it, such data are accessible, either directly or

remotely, from the premises of the undertaking.”.

12. For regulation 44 of the principal regulations there shall be

substituted the following>

“44. (1) Where a driver card is damaged, malfunctions,

or is not in the possession of the driver, the driver shall>

(a) at the start of his journey, print out the details of

the vehicle the driver is driving, and shall enter onto that print-

out -

(i) details that enable the driver to be identified

(name, driver card or driver’s licence number), including

his signature,

(ii) the periods referred to in indents (ii), (iii) and

(iv) of paragraph (i) of regulation 36<

(b) at the end of his journey, print out the information

relating to periods of time recorded by the recording

equipment, record any periods of other work, availability and

rest undertaken since the print-out that was made at the start

of the journey, where not recorded by the tachograph, and

mark on that document details that enable the driver to be

identified (name, driver card or driver’s licence number)

including the driver’s signature.”.

13. For the Third Schedule to the principal regulations there shall Substitutes the

Third Schedule to

be substituted the following>

the principal

regulations.

“THIRD SCHEDULE

(Regulation 28)

VEHICLES EXEMPTED FROM THE REQUIREMENT OF INSTALLING

RECORDING EQUIPMENT

1. Vehicles with a maximum authorised speed not exceeding 40 kph.

2. Vehicles owned or hired without a driver by the armed services, civil defence

services, fire services and forces responsible for maintaining public order when the

carriage is undertaken as a consequence of the tasks assigned to these services and is

under their control.

3. Vehicles, including vehicles used in the non-commercial transport of

humanitarian aid, used in emergencies or rescue operations.

4. Specialised vehicles used for medical purposes.

5. Specialised breakdown vehicles operating within a 100km radius of their

base.

6. Vehicles undergoing road tests for technical development, repair or

maintenance purposes, and new or rebuilt vehicles which have not yet been put into

service.

7. Vehicles or combinations of vehicles with a maximum permissible mass not

exceeding 7.5 tonnes used for the non-commercial carriage of goods.

8. Commercial vehicles which have a historic status and which are used for the

non-commercial carriage of passengers or goods.

9. Vehicles or combination of vehicles with a maximum permissible mass not

exceeding 7.5 tonnes used for carrying materials, equipment or machinery for the

driver’s use in the course of his work.”.

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

Lm0.36 (€0.84)