149 tal-2009 - Regolamenti tal-2009 dwar is-Servizzi ta’ Ġarr ta’ Passiġġieri

L.N. 149 of 2009

SUBSIDIARY LEGISLATIONS 332.

PASSENGER TRANSPORT SERVICES REGULATIONS

Part I

Preliminary

Part II

Admission to the Occupation of Road Passenger

Transport Operator

Part III

Driver’s Permit

Part IV

The Road Passenger Transport Register

Part V

Passenger Transport Vehicles

Part VI

Passenger Transport Services in Malta

Part VII

Special Passenger Transport Services

Part VIII

International Passenger Transport Services & Cabotage

Transport Operations

Social Measures

Access to the International Market

Access to the Market in Other Countries

Access to the National Market by Non-resident

Carriers established in Member States (Cabotage)

Inspections and Contraventions in relation to

International Passenger Transport Services and

Cabotage Transport Operations

Part IX

Offences and Penalties

Part X

General and Transitory Provisions

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SCHEDULES

First Schedule

Part 1 - Operator trading as sole trader/

partnership – Accountant’s Report

Part 2 - Operator trading as a limited liability

company – Accountant’s Report

Second Schedule

Part 1 - Certificate of professional competence

Part 2 - List of subjects referred to in regulation

11 - Organisation of the Examination

Third Schedule

Minimum training necessary for the award

of a certificate of professional competence

for international drivers in the carriage of

passengers

Fourth Schedule

Community licence

Fifth Schedule

Authorisations for regular and special regular

services

Sixth Schedule

Application for authorisation for regular

services

Seventh Schedule

Journey form for occasional services

General provisions common to international

occasional services and occasional services in

the form of cabotage

Provisions specific to international occasional

services

Provisions specific to occasional services in

the form of cabotage

Eighth Schedule

Certificates for own account transport services

Ninth Schedule

Administrative Penalties

Tenth Schedule

Fees

Eleventh Schedule School Children Sign

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L.N. 149 of 2009

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Passenger Transport Services Regulations, 2009

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

Regulation Ordinance and article 33 of the Malta Transport Authority

Act, the Minister for Infrastructure, Transport and Communications

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

following regulations:–

(1) The title of these regulations is the Passenger

Transport Services Regulations.

(2) Part III (Driver’s Permit) shall come into force six

months from the entry into force of these regulations.

PART I

PRELIMINARY

(Regulation 7(1)(C))

PART I

OPERATOR TRADING AS SOLE TRADER / PARTNERSHIP

ACCOUNTANT’S REPORT

1. We have prepared, without carrying out an audit, a statement of affairs as at ……………………………………

(date) from the accounting records of ………………………………………., hereinafter referred to as ‘the

firm’,

having

its

principal

business

address

at

…………………………………………………………………………….

…………………………………………………………… and from information and explanations supplied to us.

2. In making this report we have had regard to the unaudited statement of affairs referred to above and, in

particular, to the amounts and other information included in that statement of affairs in respect of

i.

funds available, including cash at banks and overdraft and loan facilities;

ii.

assets, including property, available to provide security;

iii.

costs, including purchase cost or initial payment for vehicles, premises, plant and equipment; and

iv.

working capital.

3. We confirm that the unaudited statement of affairs of the firm at ………….......... (date) shows Total Assets less

Total Liabilities of ! …………. at ………………. (date) which, on the basis of the licence application for …..

vehicles ! ………….. exceeds !9,000 for the first passenger transport vehicle and !5,000 for each additional

vehicle to be authorised for use under the firms’s Operator’s Licence.

Firm of Accountants ………………………………………………..

Address

………………………………………………...

…………………………………………………

……………………………………………….

Auditor’s/Accountant’s signature: ……………………………………………..

Date: ……………………………….

i.e. An Auditor or Accountant as defined by the Accountancy Profession Act.

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PART 2

OPERATOR TRADING AS A LIMITED LIABILITY COMPANY

ACCOUNTANT’S REPORT

1) We have audited in accordance with auditing standards the financial statements of ……………………………,

hereinafter referred to as ‘the company’ whose registered office is at …………………………………… for the

year / period ended at …………………………….. (date).

2) Our audit report on those financial statements, was without qualification.

OR

Our audit report on those financial statements, which was qualified, was as follows

3) In making this report we have had regard to the financial statements referred to above and, in particular, to the

amounts and other information including those financial statements, in respect of

i.

funds available, including cash at banks and overdraft and loan facilities;

ii.

assets, including property, available to provide security;

iii.

costs, including purchase cost or initial payment for vehicles, premises, plant and

equipment; and

iv.

working capital.

4) We confirm that the audited balance sheet of the company at …………………………….. (date) shows Capital

and Reserves of ! ………. which, on the basis of the licence for ……. vehicles exceeds !9,000 for the first

vehicle with a maximum authorised vehicles with a maximum authorised weight in excess of 3.5 metric tonnes

and !5,000 for each additional vehicle to be authorised for use under the company’s Operator’s Licence.

Firm of Accountants ………………………………………………..

Address

………………………………………………...

…………………………………………………

……………………………………………….

Auditor’s/Accountant’s signature: ……………………………………………..

Date: ……………………………….

i.e. An Auditor or Accountant as defined by the Accountancy Profession Act.

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For the purpose of these regulations and unless the context

otherwise requires

“the Act” means the Malta Transport Authority Act (Cap.

332 of the Laws of Malta);

“authorisation’’ means any permission given by the

Authority or the competent authorities in Member States

entitling the holder to carry out road passenger transport

operations;

“authorised inspecting officer’’ means a Police officer, a

local warden or an officer of the Authority;

“the Authority’’ means the Malta Transport Authority as

established by the Malta Transport Authority Act;

“the Board” means the Transport Appeals Board

established in terms of article 31 of the Act;

“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;

“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;

“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;

“carriageway” means that part of a roadway on which

traffic proceeds in a single direction;

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

authorized under the laws of a Member State to engage in

the carriage of passengers by road using passenger transport

vehicles for hire or reward or on his own account;

“coach” means a passenger transport vehicle which has at

least thirty passenger seats;

“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;

“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;

“company’’ has the same meaning as is assigned to it in

article 2 of the Companies Act;

“co-operative society’’ means a co-operative society

registered or provisionally registered under the Co-operative

Societies Act;

“country of establishment’’ means that country in which

the nonresident carrier is established and registered;

“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;

“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;

“designated person” means a natural person, designated

to the Authority by an operator or an applicant for an operator’s

licence, as the person who continuously and effectively

manages the road passenger transport operations;

“Directive 2006/22/EC’’ means Directive 2006/22/

EC of the European Parliament and of the Council of 15th

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;

“driver’’ means any person who drives a passenger

transport vehicle for hire or reward even for a short period, or

who is carried in the vehicle as part of his duties in order to be

available for driving if necessary;

“driver card (with memory)’’ shall have the same meaning

assigned to it by the Motor Vehicles (Weights, Dimensions and

Equipment) Regulations, (L.N. 162 of 2003);

“driver’s permit” means a permit granted to a driver by

the Authority in terms of Part III of these regulations;

“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;

“Entry Fee” means the fee payable upon the application for

a passenger transport vehicle licence, stipulated in column B of

the table included in the Tenth schedule of these regulations;

“employer’’ means the person by whom a worker is, or,

where the employment has ceased, was employed, and includes

a partnership, company, co-operative society, association or

other body of persons, whether vested with legal personality

or not;

“enforcement officer” means an officer appointed by the

Authority in terms of sub-article (3) of article 4 of the Act;

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

it in the European Union Act and for the purposes of these

regulations includes Norway, Iceland and Liechtenstein;

“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;

“hirer” means the passenger or the transport organiser, as

applicable;

“international passenger transport services” means the

performance of passenger transport services between two or

more states.

“Malta Maritime Authority” means the authority

established under the Malta Maritime Authority Act;

“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;

“motor route bus” means a passenger transport vehicle

licensed to operate a public passenger transport service;

“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 the

maximum designed speed of which exceeds 45 kilometers per

hour;

“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;

“M2 motor vehicle” means a motor vehicle comprising

more than eight seats in addition to the driver’s seat, and having

a maximum mass not exceeding 5 tonnes;

“M3 motor vehicle” means a motor vehicle comprising

more than eight seats in addition to the driver’s seat, and having

a mass exceeding 5 tonnes;

“national occasional services’” means national passenger

transport services which do not fall within the definition of

regular services and/or special regular services, and whose

main characteristic is that they carry groups constituted on the

initiative of a customer or of the carrier himself; these services

shall not cease to be occasional services solely because they

are provided at specified intervals;

“national passenger transport services” means the

performance of passenger transport services solely within the

territory of Malta;

“new motor vehicle” means a motor vehicle over which

no more than six months have passed since the date of its

manufacture and which has travelled no more than six thousand

kilometers;

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

and 05.00;

“night work’’ shall mean any work performed during

night time;

“normal residence’’ means the place where a person

habitually lives, for at least 185 days in each calendar year,

because of personal and occupational ties, or, in the case of a

person with no occupational ties, because of personal ties which

show close links between that person and the place where he is

living; provided that, the normal residence of a person whose

occupational ties are in a different place from his personal ties

and who consequently lives in turn in different places situated

in two or more Member States shall be regarded as being the

place of his personal ties, provided that such person returns

there regularly; this last condition need not be met where the

person is living in an Member State in order to carry out a task

of a definite duration; attendance at a university or school shall

not imply taking up of normal residence;

“occasional services’’ in the context of international

carriage of passengers by road 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; these services shall not cease to be occasional services

solely because they are provided at specified intervals;

“occupation of road passenger transport operator’’ shall

mean the activity of any undertaking operating, by means of

motor vehicles so constructed and equipped as to be suitable

for carrying more than nine persons - including the driver - and

intended for that purpose, passenger transport services for the

public or for specific categories of users for hire or reward;

“open top bus” means an open top, single or double deck

passenger transport vehicle;

“operating centre” means the administrative offices from

which the operator co-ordinates and controls the passenger

transport services it supplies and in which all records relating

to such services are kept;

“operator” means a person, whether natural or legal,

who is authorised by the Authority to carry out passenger

transport services in terms of these regulations and includes

self-employed drivers;

“operator’s licence” means a national operator’s licence

or a Community licence issued by the Authority to national

undertakings authorizing the holder thereof to carry out

passenger transport services;

“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;

“own account transport operations’’ means those

passenger transport operations carried out for non-commercial

and non-profit making purposes by a natural or a legal person,

provided that the following conditions are fulfilled

(a) the transport activity is only ancillary to the

overall activities of the undertaking; and

(b) the vehicles used are the property of that

natural or legal person or have been obtained on deferred

terms by them or have been the subject of a long-term

leasing contract and are driven by a member of the staff

of the natural or legal person or by the natural person

himself;

“partnership’’ includes an association, not registered

under the Companies Act, between two or more persons;

“parking disc” means a cardboard device as defined in the

Fourth Schedule of the Controlled Parking Schemes (Residents

and Commercial) Regulations (L.N. 293 of 2001);

“passenger” means a person travelling in a passenger

transport vehicle and who is not the driver;

“passenger seat” means any seat on a passenger transport

vehicle which is not the driver’s seat;

“passenger transport services” means the carriage of

passengers using passenger transport vehicles for hire or

reward;

“passenger transport vehicle’’ means an M2 or M3

motor vehicle which, by virtue of its type of construction and

equipment, is suitable for carrying passengers, and is intended

for that purpose;

“passenger transport vehicle licence” means a document

issued by the Authority certifying that the passenger transport

vehicle is authorised to carry passengers for hire or reward, in

terms of these regulations;

“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;

“ply for hire” means to drive on the road to search for or

be available for hire;

“priority vehicle lane” means an area of carriageway which

may only be used by vehicles licensed to carry passengers for

hire or reward by the Authority;

“public passenger transport service” means the regular

passenger transport services of general economic interest

provided to the public on a non-discriminatory and continuous

basis;

“public passenger transport route” means a route

established by the Authority in terms of article 5 of the Traffic

Regulation Ordinance Cap. 65, and which forms part of the

public passenger transport service.

“public highway’’ means national, arterial, distributory,

access and local access roads as defined in the Motor Vehicles

(Driving Licences) Regulations, 2002 (L.N. 191 of 2002), or

comparable roads in other states;

“recording equipment” or “tachograph’’ shall have the

same meaning as that assigned to them in the Motor Vehicles

(Weights, Dimensions and Equipment) Regulations, 2002;

“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 forty-five hours, which may, subject to the conditions

laid down in regulation 75, be reduced to a minimum of twenty-

four consecutive hours;

“regular daily rest period’’ means any period of rest of at

least eleven 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 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;

“regular weekly rest period’’ means any period of rest of

at least forty-five hours;

“rest’’ means any uninterrupted period during which the

driver may freely dispose of his time;

“road” means any road, street, lane, square, or other place

of public thoroughfare;

“road passenger transport operation” means the economic

activity of offering and carrying out passenger transport

services;

“self-drive vehicle” means a passenger transport vehicle

which is licensed and/or registered to be hired for the purpose

of being driven by the hirer;

“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;

“sightseeing passenger transport route” means a route

established and published by the Authority and which may

be used by operators for the purpose of taking passengers to

and from sites and attractions in Malta and having a number

of pre-determined pick-up and drop-off points, none of which

are within five hundred metres from the main entrance of any

building licensed as a hotel in terms of the Malta Travel and

Tourism Services Act, Cap. 409, and does not include public

passenger transport routes;

“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 boarding and disembarking at

predetermined stopping points. They shall include inter alia

(a) the carriage of workers between home and work;

(b) carriage to and from an educational institution for

school pupils and students;

(c) the carriage of soldiers and their families between

their homes and the area of their barracks;

“tail-lift van” means a passenger transport vehicle which,

upon manufacture, is permanently fitted with a mechanical

device which is designed to facilitate the boarding of wheelchair-

bound passengers;

“two way communication system” means any wireless

apparatus which is designed or adapted for the purpose of

transmitting and receiving spoken messages;

“undertaking’’ means any natural person, any legal

person, whether profit-making or not, 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;

“valid’’ shall be associated with any legitimate licence

as issued by the competent authority, and to mean that such a

licence is in effect and current for the period stated on the licence

by virtue of the licence holder having met and continues to meet

fully the obligations in accordance with these regulations;

“vintage bus” means a passenger transport vehicle which

was manufactured and registered in Malta as a motor route bus

prior to the 1st January, 1960 and was so registered in Malta

for at least five consecutive years prior to the coming into force

of these regulations, and which has its engine compartment

situated in front of its windscreen;

“week’’ means the period between the hours of 00:00 on

Monday and 24.00 on the following Sunday;

“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;

“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;

“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 passenger transport 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.

(Regolament 11)

L-1 PARTI

ERTIFIKAT TA' KOMPETENZA PROFESSJONALI

MALTA

(Karta oxna kannella - Format: DIN A4) (Test bil-Malti jew bl-Ingli)

M

Awtorita' dwar it-Trasport ta' Malta

ERTIFIKAT TA' KOMPETENZA PROFESSJONALI FIT-TRASPORT STRADALI TAL-

PASSIIERI NAZZJONALI [U INTERNAZZJONALI] ( 3 )

Ana, l-Awtorita' dwar it-Trasport ta' Malta, b' dan niertifikaw

(a) li ( 2 ) ............................................................................................................................................................

Imwieled f.................................................................... f'...............................................................................

..........................; sessjoni:.......................... ) ( 3 ) organizzat gall-gotja ta-ertifikat ta'

gadda mit-testijiet ta' l-eaminazzjoni (sena

kompetenza professjonali fit-trasport tal-passiieri nazzjonali [u internazzjonali] ( 1 ) skond ir-Regolamenti dwar is-Servizzi ta’ arr ta’

Passiieri.

(b) li l-persuna msemmija f' (a) hija kkwalifikata li tadem f' kapaita' professjonali f' intrapria responsabbli gat-trasport stradali ta` passiieri

-

involuta biss fit-trasport nazzjonali ( 1 ),

-

involuta fit-trasport internazzjonali ( 1 ).

Dan i-ertifikat jikkostitwixxi prova suffijenti ta' kompetenza professjonali msemmija fir-regolament 11 tar- Regolamenti dwar is-Servizzi

ta’ arr ta’ Passiieri Maru f' ................................................... , f' ......................................................

Timbru ta’ l-Awtorita’ u Firma ta’ Rappreentant Awtorizzat

( 1 ) assar fejn xieraq

( 2 ) Kunjom u l-ewwel ismijiet, post u data tat-twelid

( 3 ) Identifikazzjoni ta' l-eaminazzjoni

LN Trasport Malti.indd 2049

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IT-TIENI PARTI

ELENKU TA' SUETTI MSEMMIJA FIR-REGOLAMENT 11

L-garfien li gandu jittieed in konsiderazzjoni gall-garfien uffijali ta' kompetenza professjonali mill-Awtorita' gandu jkopri

gall-inqas is-suetti elenkati hawn tat gat-trasport tal-passiieri. Dwar dawn is-suetti, operaturi applikanti tat-trasport tal-

passiieri fuq l-art gandu jkollhom il-livelli ta' garfien u kapaita' prattika metiega gall-estjoni ta' impria tat-trasport.

A. Lii ivili

L-applikant gandu, partikolarment

1. ikun familjari mat-tipi ewlenin ta' kuntratt uati fit-trasport stradali, u mad-drittijiet u d-dmirijiet li jirriultaw minnhom;

2. ikun kapai li jinnegozja kuntratt tat-trasport legalment validu, notevolment dwar kundizzjonijiet tal-arr;

3.ikun jista' jikkunsidra talba mill-prinipal tiegu rigward kumpens gal telf ta' jew sara gal beni matul it-trasportazzjoni jew gal

konsenja tard, u jifhem kif tali talba tista' taffettwa r-responsabilita' kuntrattwali tiegu;

4. ikun jista' jikkunsidra talba mill-prinipal tiegu rigward kumpens gal inurja lill-passiieri jew sara gall-bagalji kkawati minn

aident waqt it-trasport, jew dwar kumpens gal dewmien, u jifhem kif tali talba tista' taffettwa r-responsabilita' kuntrattwali tiegu.

B. Lii Kummerjali

L-applikant gandu, partikolarment

1. ikun familjari mal-kundizzjonijiet u l-formalitajiet stabbiliti gat-twettiq tan-negozju, id-dmirijiet inkumbenti fuq l-operaturi tat-

trasport (reistrazzjoni, li jinammu r-records, e), u l-konsegwenzi tal-falliment;

2. ikollu garfien xieraq tal-forom varji ta' kumpanniji kummerjali u r-regoli li jiggvernaw il-kostituzzjoni u l-operat taghom.

C. Lii Sojali

L-applikant gandu, partikolarment

1. ikun familjari mar-rwol u l-funzjoni ta' l-istituzzjonijiet sojali varji li huma kkoncernati bit-trasport stradali (trade unions, kunsilli

tax-xogol, stewards tal-wienet, spetturi tal-idma, e.);

2. ikun familjari mal-obbligi ta' min jimpjega dwar sigurta' sojali;

3. ikun familjari mar-regoli li jiggvernaw kuntratti ta' appalt gall-kategoriji differenti ta' addiema impjegati minn intraprii tat-

trasport fuq l-art (forma tal-kuntratti, dmirjiet tal-partijiet, kundizzjonijiet tax-xogol u sigat tax-xogol, vaganzi mallsa,

remunerazzjoni, vjolazzjoni tal-kuntratt, e.);

4. ikun familjari mad-dispoizzjonijiet tar- Regolamenti dwar is-Servizzi ta’ arr ta’ Passiieri u r-Regolamenti dwar il-Piijiet,

Dimensjonijiet u Tagmir tal-Vetturi bil-Mutur u l-arranamenti prattii gall-implementazzjoni ta' dawn ir-Regolamenti

D. Lii Fiskali

L-applikant gandu, partikolarment, ikun familjari mar-regoli li jiggvernaw

1. VAT fuq servizzi tat-trasport;

2. taxxa fuq vetturi bil-mutur;

3. it-taxxi fuq xi vetturi tal-arr tal-merkanzija u n-nolijiet u tariffi gall-utenti ta' l-infrastruttura

4. taxxa fuq l-income.

E. Gestjoni negozjali u finanzjarja ta' l-impria

L-applikant gandu, partikolarment

1. ikun familjari mal-liijiet u l-prattiki dwar l-uu ta' ekkijiet, kambjali, promissory notes, karti tal-kreditu u mezzi jew metodi orajn

tal-las;

2. ikun familjari mal-forom varji ta' kreditu (kreditu mal-bank, kreditu dokumentarju, deopoiti ta' garanzija, mortgages, kera,

lokazzjoni, factoring, e.) u mat-tariffi u d-dmirijiet li jirriultaw minnhom;

3. ikun jaf x' inhi balance sheet, kif tkun imqassma u kif jinterpretaha;

4. ikun jaf jaqra u jinterpreta kont ta' qligh u telf;

5. ikun jaf jevalwa l-profitabilita' ta' l-impria u l-poizzjoni finanzjarja tagha, partikolarment abbai ta' proporzjonijiet finanzjarji

6. ikun jista' jhejji budget;

7. ikun familjari mal-elementi ta' spejje (spejje fissi, spejje varjabbli, kapitali ta' l-operati, deprezzament, e) ta' l-impria tiegu, u

jkun kapai jikkalkula l-ispejje ta' kull vettura gal kull kilometru, kull vja jew kull tunnellata;

8. ikun jista' jagmel pjan ta' l-organizzazzjoni dwar il-addiema ta' l-intrapria kollha u li jorganizza pjanijiet tax-xogol, e.;

9. ikun familjari mal-prinipji tan-negozjar, pubbliita' u relazzjonijiet pubblii, inklua l-promozzjoni tal-bejg ta‘ servizzi tat-trasport

u l-preparazzjoni tal-files tal-klijenti, e.;

10. ikun familjari mat-tipi differenti ta' assikurazzjoni dwar trasport fuq l-art (responsabilita', assikurazzjoni dwar inurja aidentali/

ajja, assikurazzjoni mhux dwar ajja u tal-bagalji) u mal-garanziji u d-dmirjijet li jirriultaw minnhom;

11. ikun familjari ma'l-applikazzjonijiet tat-tramissjoni ta' l-informazzjoni (data) elettronika fit-trasport stradali;

12. ikun jista' japplika r-regoli li jiggvernaw nolijiet u pprezzar fit-trasport tal-passiieri privat u pubbliku;

13. ikun jista' japplika r-regoli li jiggvernaw fatturar tas-servizzi tat-trasport tal-passiieri stradali.

F. Aess gas-suq

L-applikant gandu, partikolarment

1. ikun familjari mar-regolamenti tax-xoghol li jirregolaw trasport stradali b' kiri jew b'kumpens, kiri tal-vetturi industrijali u sub-

kuntrattar, u partikolarment ir-regoli li jiggvernaw l-organizzazzjoni uffijali ta' l-okkupazzjoni, ammissjoni gall-okkupazzjoni,

awtorizzazzjoni gal operazzjonijiet tat-trasport fuq l-art intra- u extra- Komunitarju, ispezzjonijiet u sanzjonijiet;

2. ikun familjari mar-regoli biex jistabbilixxi impria gat-trasport fuq l-art

3. ikun familjari mad-dokumenti varji metiea gall-operazzjoni ta' servizzi tat-trasport fuq l-art u jkun kapai li jintrodui proeduri

ta' verifika biex jaerta li d-dokumenti approvati dwar kull operazzjoni tat-trasport, u partikolarment dawk dwar il-vettura, ix-xufier,

il-merkanzija u l-bagalji jinammu kemm fil-vettura kif ukoll fil-post ta' l-impria;

4. ikun familjari mar-regoli dwar l-organizzazzjoni tas-suq fit-trasport tal-passiieri fuq l-art

5. ikun familjari mar-regoli gall-introduzzjoni ta' servizzi tat-trasport tal-passiieri fuq l-art u jkun jista' jagmel pjanijiet tat-trasport.

G. Standardi teknii u aspetti ta' l-operat

L-applikant gandu, partikolarment

1. ikun familjari mar-regoli dwar il-piijiet u d-dimensjonijiet tal-vetturi fl-Istati Membri u l-proeduri li gandhom jiu segwiti f' ka

ta' tagbijiet mhux normali li jikkostitwixxu eezzjoni gal dawn ir-regoli;

2. ikun jista' jagel vetturi u l-komponenti taghom (chassis, makna, sistema ta' tramijoni, sistema ta' brejkijiet, e.) skond il-

tiijiet ta' l-impria;

3. ikun familjari mal-formalitajiet dwar approvazzjoni dwar tip, reistrazzjoni u ispezzjoni teknika ta' dawn il-vetturi;

4. jifhem liema passi gandhom jittiedu biex jitnaqqas l-istrobju u jikkombatti l-inkwinament ta' l-arja minn emissjonijiet ta'l-exhaust

tal-vetturi bil-mutur;

5. ikun jista' jipprepara pjanijiet gall-manutenzjoni perjodika gall-vetturi u t-tagmir taghom;

H. Sigurta' fit-triq

L-applikant gandu, partikolarment

1. jaf liema kwalifiki huma metiea gax-xufiera (lienzja tas-sewqan, ertifikati medii, ertifikati tas-saa, e.);

2. ikun jista' jieu l-passi metiea bies jigura li x-xufiera jikkonformaw mar-regoli tat-traffiku, projbizzjonijiet u restrizzjonijiet fis-

se fi Stati Membri differeni (limiti tal-veloita', prioritajiet, restrizzjonjiet dwar mistennija u parkejar, uu tad-dwal, sinjali tat-

toroq, e.);

3. ikun jista' jamel istruzzjonijiet gas-sewwieq biex jivverifikaw il-konformita' taghom mar-rekwiiti tas-sigurta' dwar il-

kundizzjoni tal-vetturi, it-tagmir u t-tagbija taghom, u dwar miuri preventivi li gandhom jittiedu;

4. ikun jista' jistabbilixxi proeduri li gandhom jiu segwiti f' ka ta' inident u jimplementa proeduri xierqa biex jipprevjeni s-se

mill-did ta' inidenti jew reati serji tat-traffiku;

5. ikollu garfien elementari tal-forma tal-pjan tat-toroq fl-Istati Membri.

ORGANIZZAZZJONI TA' L-EAMI

1. L-Awtorita' gandha torganizza eami obbligatorju bil-miktub li jista' jii ssupplementat minn eami orali mhux obbligatorju sabiex

tistabbilixxi jekk operaturi applikanti tat-trasport fit-toroq akkwistawx il-livell metie ta' garfien fis-suetti elenkati fl-I Parti,

partikolarment il-kapaita' taghom li juaw l-istrumenti u t-teknii relatati maghom u li jwettqu d-dmirijiet korrispondenti esekutivi

u koordinativi.

(a) L-eami obbligatorju bil-miktub gandu jinvolvi ew testijiet, u joe'

- mistoqsijiet bil-miktub li jikkonsistu jew f'mistoqsijiet bil-multiple choice (kull wada b'erba' risposti possibbli), mistoqsijiet li

jirrekjedu risposta diretta jew kombinazzjoni ta-ew sistemi,

- eerizzji bil-miktub u studji ta' kai.

It-tul minimu ta' kull test huwa ta' sagtejn.

(b) Fejn jii organizzat eami orali, l-Awtorita' tista' tistipola li l-parteipazzjoni hija b' kundizzjoni li l-eami bil-miktbu ie

kkompletat b' suess.

2.1

Fejn l-Awtorita' torganizza wkoll eami orali, gandha tipprovdi, dwar kull wieed mit-tliet testijiet, gal piz ta’ marki ta’

mhux anqas minn 25% u mhux aktar minn 40% tat-total tal-marki li gandhom jingataw.

2.2

Fejn l-Awtorita' torganizza biss eami bil-miktub, gandha tipprovdi, dwar kull test, gandha tipprovdi, dwar kull test, gal

piz ta’ marki ta’ mhux anqas minn 40% u mhux aktar minn 60% tat-total tal-marki li gandhom jingataw.

3. Dwar it-testijiet kollha, l-applikanti gandhom jiksbu medja ta' mhux inqas minn 60% tat-total tal-marki li gandhom jingataw, u

f'kull test jiksbu mhux inqas minn 50% tat-total tal-marki possibbli. F'test wieed biss, l-Awtorita' tista' tnaqqas dik il-marka minn 50%

gal 40%.

(1) When considering an application for

(a)

an operator’s licence,

(b)

a driver’s permit, or

(c)

a passenger transport vehicle licence

the Authority shall promote an open market policy and

will not restrict the issue of such licences and permits

on the basis that there are too many current licences and/

or permits or for any other reason not stipulated in these

regulations.

(2) If anything contained in these regulations is

inconsistent or in conflict with any regulations issued under

the Traffic Regulation Ordinance and/or the Malta Transport

Authority Act the present regulations shall prevail, and to

the extent of these inconsistencies or conflicts such other

regulations shall be deemed to be null and void.

(Regolament 72)

TARI MINIMU METIE GALL-GOTJA TA' ERTIFIKAT TA' KOMPETENZA PROFESSJONALI GAL XUFIERA

INTERNAZZJONALI FIL-ARR TAL-PASSIIERI

It-tari li jwassal gall-gotja ta' ertifikat ta' kompetenza professjonali gandu jinkludi gall-inqas is-suetti li ejjin, sa fejn dawn

mhumiex dia' koperti minn tari gal lienzja tas-sewqan skond ir-Regolamenti dwar il-Lienzji tas-Sewqan tal-Vetturi bil-Mutur.

1. Garfien tal-binja u l-partijiet komponenti ewlenin ta' vettura

1.1.

Garfien tal-binja u l-idma ta'

-

Makni ta' kombustjoni interni,

-

Sistemi ta' lubrikazzjoni u tkessi

-

Is-sistema tal-karburanti

-

Is-sistema elettrika,

-

Is-sistema ta' injizzjoni

-

Is-sistema ta' tramissjoni (clutch, gearbox, e.)

Garfien enerali ta' lubrikazzjoni u protezzjoni antifreeze

1.2.

1.3.

Garfien tal-prekawzjonijiet li gandhom jittiedu waqt it-tneija u s-sostituzzjoni tar-roti

1.4.

Garfien tal-bini, attrezzar, uu korrett u kura tat-tyres

1.5.

Garfien tat-tipi, l-operat, partijiet ewlenin, konnessjoni, uu u mantenuzzjoni ta' kuljum tat-tagmir tal-brejkiejiet u

garfien ta' coupling systems

1.6.

Garfien ta' metodi ta' sejba ta' raunijiet ta' breakdowns

1.7.

Garfien ta' kif jissewwew breakdowns zgar bl-gajnuna ta' tagmir korrett

Garfien enerali ta' mantenuzzjoni preventiva ta' vetturi u tiswijiet kurrenti metiea.

1.8.

2. Garfien enerali ta' proeduri tat-trasport u amministrativi

2.1. Abilita enerali u garfien eografiku suffijenti biex jua mapep tat-toroq u l-indiijiet taghom

2.2. L-uu ekonomiku tal-vetturi

2.3. Garfien tal-passi li gandhom jittiedu f' ka ta' indcident jew rajja simili (e. nar) dwar assikurazzjoni tal-vettura

2.4. Garfien tal-leilazzjoni li tgodd gax-xufiera tal-vetturi tat-trasport tal-passiieri

2.5. Garfien tar-responsabbilta' tax-xufiera dwar il-garr tal-passiieri

2.6. Garfien ta' dokumenti tal-vetturi u tat-trasport metiea gall-arr nazzjonali u internazzjonali tal-passigieri

3. Esperjenza ta' sewqan ta' vetturi ghall-arr tal-passiieri

3.1. Esperjenza prattika tas-sewqan u manovrar ta' vetturi bil-mutur M2 u/jew M3

Any information given to the Authority in pursuance

of these regulations shall be covered by the Professional Secrecy

Act, provided that the Authority may communicate information

to other competent authorities in Member States of the European

Union for the purpose of compliance with its obligations under

Council Directive 96/26/EC on admission to the occupation of

road haulage operator and road passenger transport operator and

mutual recognition of diplomas, certificates and other evidence of

formal qualifications intended to facilitate for these operators the

right to freedom of establishment in national transport services and

international transport operations and 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.

PART II

ADMISSION TO THE OCCUPATION OF ROAD

PASSENGER TRANSPORT OPERATOR

(Regolament 79)

KOMUNITA' EWROPEA

(a)

(B' satu, blu – DIN A4)

(L-ewwel pana tal-lienzja)

(Test bl-Ingli jew bil-Malti)

M

Awtorita' dwar it-Trasport ta' Malta

LIENZA NRU…

Gall-arr internazzjonali tal-passiieri b’vettura M2 jew/u vettura M3 b' kiri jew b' kumpens

Min gandu din il-lienzja ……………………………………………………………………………

………………………………………………………………………………………………………..

…………………………………………………………………………………………………………

(isem jew isem kummerjali si tal-Operatur)

hu awtorizzat li jwettaq arr stradali internazzjonali tal-passiieri b' kiri jew b’kumpens fit-territorju tal-Komunita' skont

il-kondizzjonijiet stabbiliti fir-Regolamenti dwar is-Servizzi ta’ arr ta’ Passiieri u skont id-dispoizzjonijiet enerali

tal-lienza.

Kummenti: ……………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

Din il-lienza hija valida minn …………………….. sa ………………………………………

Marua f' ……………………………………………………. f' ……………………………………

………………………………………………………..

Firma u timbru ta' l-Awtorita' dwar it-Trasport ta' Malta

(It-tieni pana tal-lienza)

Disposizzjonijiet enerali

1. Din il-lienza hi marua skond ir-Regolament tal-Kunsill (KEE) Nru 684/92 tas-16 ta’ Marzu 1992 dwar regoli

komuni gall-arr internazzjonali ta’ passiieri b’vetturi gat-trasport ta’ passiieri, kif emendat bir-

Regolament (KE) Nru 11/98.

2. Din il-lienza tinare mill-Awtorità dwar it-Trasport ta’ Malta lill-Operatur li

-

hu awtorizzat li jopera fil-arr tal-passiieri permezz ta’ servizzi regolari, inklui servizzi regolari

spejali jew servizzi okkajonali b’vetturi gal arr tal-passiieri,

-

jissodisfa l-kundizzjonijiet li jinsabu fir-regoli tal-Komunità biex persuna tinvolvi ruha fl-

okkupazzjoni tat-trasport stradali tal-passiieri f’operazzjonijiet nazzjonali u internazzjonali,

-

jissodisfa r-rekwiiti dwar is-sigurtà stradali fir-rigward ta’ standards li japplikaw gax-xufiera u gall-

vetturi.

Din il-lienza tippermetti l-arr internazzjonali tal-passiieri b’vetturi gal arr tal-passiieri b’kiri jew

3. b’kumpens permezz ta’ kwalunkwe rotta gal vjai li jsiru fit-territorju tal-Komunità

-

meta l-post tat-tluq u l-post tad-destinazzjoni jkunu jinsabu f’ew Stati Membri differenti, bi jew

mingajr transitu minn Stat Membru jew aktar jew minn pajjii li m’humiex membri,

-

minn Stat Membru lejn pajji li ma hux membru u vii versa, bi jew mingajr transitu minn Stat

Membru jew aktar, jew minn pajjii li m’humiex membri,

-

bejn pajjii li m’humiex membri bi transitu mit-territorju ta’ Stat Membru jew aktar,

u vjai mingajr passiieri b’konnesjoni ma’ operazzjonijiet ta’ trasport skond il-kondizzjonijiet li hemm fir-

Regolament (KEE) Nru 684/92.

Fir-rigward ta’ operazzjoni ta’ trasport minn Stat Membru gal pajji li ma hux membru u vii versa, japplika r-

Regolament (KEE) Nru 684/92 gall-vja li jsir fit-territorju ta’ l-Istat Membru fejn ikunu ttellgu jew tnilu

l-passiieri, sakemm isir il-ftehim metie bejn il-Komunità u l-pajji li m’hux membru konernat.

4. Din il-lienza hi wada personali u m’hix trasferibbli.

5. Din il-lienza tista’ tii rtirata mill-Awtorità dwar it-Trasport ta’ Malta b’mod partikolari fejn l-Operatur

-

ma jibqax jissodisfa l-kondizzjonijiet li hemm fl-Artikolu 3(1) tar-Regolament (KEE) Nru 684/92,

ikun gadda informazzjoni baljata fir-rigward tat-tagrif metie gall-ru jew gat-tidid tal-

-

lienza,

-

ikun gamel xi ksur serju tar-regolamenti dwar sigurtà fit-toroq, partikolarment fir-rigward ta’ regoli li

japplikaw gall-vetturi, sewqan u inijiet tal-mistrie tax-xufier u l-provvista, mingajr

awtorizzazzjoni, ta’ servizzi paralleli jew temporanji skond l-Artikolu 2(1.3) tar-Regolament Nru

684/92. L-Awtorità dwar it-Trasport ta’ Malta tista’fost affarijiet ora, tirtira l-lienza tal-Komunità jew

tirtira temporanjament u, jew parzjalment il-kopji veri attestati tal-lienza tal-Komunità.

Il-penalitajiet jiu determinati skond il-gravità tar-reat imwettaq mid-detentur tal-lienza tal-Komunità u n-

numru totali ta’ kopji veri attestati li hu jkollu fir-rigward tan-negozju internazzjonali tiegu.

6. Il-lienza oriinali gandha tinamm mill-Operatur. Kopja vera attestata gandha tinarr fil-vettura li tkun qed

tagmel servizz internazzjonali ta’ trasport.

7. Il-lienza gandha tintwera kull meta tintalab minn xi uffijal awtorizzat li jispezzjona.

8. Id-detentur gandu, meta jkun fit-territorju ta’ xi Stat Membru, joqgod gal-liijiet, regolamenti u miuri

amministrattivi li jkunu fis-se f ’dak l-Istat, partikolarment fir-rigward tat-trasport u tat-traffiku.

9. ‘Servizzi regolari’ tfisser servizzi li jipprovdu gall-arr ta’ passiieri f’intervalli speifikati f’rotot speifikati,

u fejn il-passiieri jitilgu u jinlu f’postijiet ta’ waqfien determinati minn qabel.

Is-servizzi regolari gandhom ikunu miftuin gal kuladd, soetti, fejn xieraq, gal riservi obbligatorji.

In-natura regolari tas-servizz ma gandha tintlaqat minn ebda tibdil fil-kondizzjonijiet li tathom ikun qed

jopera s-servizz.

Is-servizzi regolari jetieu awtorizzazzjoni.

‘Servizzi regolari spejali’ tfisser servizzi regolari li jipprovdu gall-arr ta’ kategoriji speifikati ta’

passiieri, bl-esklujoni ta’ passiieri ora, f’intervalli speifikati tul rotot speifikati, fejn il-passiieri

jittellgu u jitnilu f’postijiet ta’ waqfien determinati minn qabel.

Servizzi regolari spejali jinkludu

il-arr ta’ addiema bejn id-dar u l-post tax-xogol;

(a)

(b)

il-arr ta’ tfal ta’ l-iskola u studenti minn u lejn l-istituzzjonijiet edukattivi;

il-arr ta’ suldati u l-familji taghom bejn id-dar taghom u l-inawi tal-kwartieri taghom.

()

Il-fatt li servizz spejali jista’ jvarja skond il-tiiet ta’ l-utenti m’gandux jolqot il-klassifikazzjoni tiegu bala

servizz regolari.

Is-servizzi regolari spejali ma jetiux awtorizzazzjoni jekk ikunu koperti minn kuntratt bejn l-organizzatur u t-

trasportatur.

L-organizzazzjoni ta’ servizzi paralleli jew temporanji, li jservu lill-istess pubbliku bas-servizzi regolari

eistenti, tkun tetie awtorizzazzjoni.

‘Servizzi okkajonali’ tfisser servizzi li ma jaqgux tat it-tifsira ta’ servizzi regolari, inklui s-servizzi regolari

spejali, u li l-karatteristika ewlenija taghom tkun li jorru gruppi ffurmati bl-inizjattiva ta’ klijent jew tal-

Operatur innifsu. L-organizzazzjoni ta’ servizzi paralleli jew temporanji komparabbli ma’ servizzi regolari

eistenti u li jservu lill-istess pubbliku bas-servizzi regolari gandha tkun soetta gal awtorizzazzjoni skond

il-procedura li hemm fit-Tieni Taqsima tar-Regolament (KEE) Nru 684/92. Dawn is-servizzi ma jiqfux milli

jkunu servizzi okkajonali sempliement galiex jiu pprovduti f’erti intervalli.

Servizzi okkajonali ma jetiux awtorizzazzjoni.

IL-AMES SKEDA

(Regolament 83)

AWTORIZZAZZJONI GAL SERVIZZI REGOLARI

U SERVIZZI REGOLARI SPEJALI

(L-ewwel pana ta' Awtorizzazzjoni Nru ……)

MALTA (M)

Awtorita' dwar it-Trasport ta' Malta

AWTORIZZAZZJONI Nru ……

Gal servizz regolari ( 1 ) gal servizz regolari spejali mhux liberalizzat

B' vetturi tat-trasport ta’ passiieri skont ir-Regolamenti dwar is-Servizzi ta` arr ta` Passiieri

Lil:.................................................................................................................................. (Kunjom, isem jew isem kummerjali tat-trasportatur

jew it-trasportatur estitur f' ka ta' assojazzjoni ta' intraprii)

Indirizz: ....................................................

Tel. u fax: .....................................................

Isem, indirizz, numri tat-telefon u l-fax ta' assojati jew membri ta' l-assojazzjoni ta' imprii (pool) u subkontratturi

(1) ....................................................................................................................................

(2) ....................................................................................................................................

(3)....................................................................................................................................

(4)....................................................................................................................................

(5) ....................................................................................................................................

Lista annessa, jekk xieraq …………………………………………………………………...

Data ta’ meta taglaq l-awtorizzazzjoni: ................................................................................................

.......................................................... (Post u data ta’ ru)

(Timbru ta' l-Awtorita' u firma tar-rappreentant awtorizzat)

( 1 ) aasar fejn xieraq

(It-tieni pana ta’ l-awtorizzazzjoni Nru ……)

1. Rotta

(a) Post tat-tluq tas-servizz: ...........................................................................................

(b) Post tad-destinazzjoni tas-servizz: ......................................................................................

(c) Itinerarju prinipali, bil-postijiet tal-bir u tniil tal-passiieri sottolineati: .................................

……………………………………………………………………………………………………………..

……………………………………………………………………………………………………………...

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

Perijodi ta' idma: .........................................................................................................

2. …………………………………………………………………………………………………

…………………………………………………………………………………………………

3. Frekwenza:.....................................................................................................................

4. Skeda: .....................................................................................................................

S. Servizz regolari spejali

- Kategorija ta' passiieri : .................................................................................................

6. Kodizzjonijiet jew punti spejali orajn

…………………………………………………………………………………………………

………………………………………………………………………………………………….

………………………………………………………………………………………………….

………………………………………………………………………………………………….

…………………………………………………………………………………………………

(Timbru ta' l-Awtorita')

(It-tielet pana ta' l-awtorizzazzjoni)

Avvi importanti

1. Din l-awtorizzazzjoni hi valida gall-vja si. Ma tistax tintua lief minn parti li isimha jidher fuqha.

2. L-awtorizzazzjoni jew kopja vera attestata mill-awtorita' li aritha gandha tinamm fuq il-vettura gal kemmidum il-vja u tii

ppreentata lil uffijali ta' infurzar meta jitolbuha.

3. Kopja vera attestata tal-Lienza Komunitarja gandha tinamm fuq il-vettura .

(1) No person shall carry out passenger transport services

for hire or reward unless duly authorised under these regulations.

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

any undertaking that proposes to carry out passenger transport

services and satisfies the conditions of these regulations and

other requirements which the Authority may establish.

(3) An operator’s licence shall be issued in the name of

a natural person authorised to represent the undertaking and

shall not be transferable.

(4) Once issued, an operator’s licence shall remain

valid unless and until it is revoked, suspended or surrendered,

provided that the Operator submits, within three months

preceding the fifth anniversary from the issue of the said licence,

and every five years thereafter, a declaration of compliance

with the requirements of regulation 6 of these regulations

supported by updated documentation stipulated in paragraphs

(a),(c) and (h) of sub-regulation (1) of regulation 7 of these

regulations and the applicable fee stipulated in Part 1 of the

Tenth Schedule.

(5) The Authority shall issue -

(a) 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

(b) a Community 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 but within the European Union;

Provided that a Community licence shall cover passenger

transport services within the European Union including

Malta.

(6) Sub-regulation (1) of this regulation shall not apply to

cabotage transport operations within the territory of Malta.

(7) The Minister may, by means of an order in the

Government Gazzette, exempt undertakings or classes of

undertakings carrying out transport operations only as an

ancillary activity, from the application of sub-regulation (1) of

this regulation.

(Regolament 87)

APPLIKAZZJONI GALL-AWTORIZZAZZJONI GAL SERVIZZI REGOLARI

APPLIKAZZJONI

BIEX JINBEDA SERVIZZ REGOLARI

BIEX JINBEDA SERVIZZ REGOLARI SPE JALI

BIEX TIEDDED AWTORIZZAZZJONI GAL SERVIZZ

(Immarka kif xieraq)

imwettaq minn vetturi gall-arr tal-passiieri skont ir-Regolamenti dwar is-Servizzi ta’ arr ta’ Passiieri

Lil: Awtorita' dwar it-Trasport ta' Malta

1. Kunjom u isem jew isem kummerjali ta' l-applikant u, fejn xieraq, it-trasportatur estitur f' ka ta' assojazzjoni

(pool)

………………………………………………………………………………

2. Servizz(i) mwettqa (immarka kif xieraq)

minn intrapria

bala membru ta' assojazzjoni (pool)

3. Ismijiet u indirizz tat-trasportatur, trasportaturi assojati jew subkontratturi

3.1. ...................................................................................... tel. ...................................

3.2. ...................................................................................... tel. ...................................

3.3...................................................................................…... tel....................................

3.4. ...................................................................................…. tel. ...................................

Indika f' kull ka jekk membru ta' assojazzjoni jew subkontrattur. Waal lista jekk applikabbli.

(It-tieni pana ta' l-applikazzjoni gal awtorizzazzjoni jew tidid ta' l-awtorizzazzjoni)

4. F' ka ta' servizz regolari spejali

4.1. Kategorija ta' passiieri...............................................................................................

5. Durata ta' l-awtorizzazzjoni mitluba jew id-data meta jintemm is-servizz

6. Rotta prinipali tas-servizz (inkludi l-postijiet fejn jinabru l-passiieri)

7. Perijodu ta' l-operat

8. Frekwenza (kuljim, kull imga, e.)............................................................................................

9. Nolijiet: ............................................................................. Anness mijud

10. Inkludi skeda tas-sewqan biex tista' tii vverifikata l-konformita ma' leilazzjoni relevanti dwar inijiet ta'

sewqan u ta' mistrie

11. Numru ta' awtorizzazzjionijiet jew kopji ta awtorizzazzjonijiet mitluba ( 1 )

12. Informazzjoni ora

13. .....................................................

(Post u data)

(Firma ta' l-applikant)

( 1 ) L-attenzjoni ta' l-applikant hija mibuda lejn il-fatt li, minabba li l-awtorizzazzjoni trid tinamm fuq il-vettura,

in-numru ta' awtorizzazzjonijiet li l-applikant gandu jkollu gandu jikkorrispondi gan-numru ta' vetturi metiea

gat-twettiq tas-servizz mitlub fl-istess in.

(It-tielet pana ta' l-applikazzjoni gal awtorizzazzjoni jew tidid ta' l-awtorizzazzjoni)

Avvi importanti

1. Is-segwenti gandhom jiu annessi ma' l-applikazzjoni, fejn xieraq

(a)

l-iskeda;

(b)

rati ta' nolijiet;

kopja vera attestata tal-Lienza Komunitarja gall arr internazzjonali stradali tal-passiieri b' kiri jew

(c)

b' kumpens;

(d)

informazzjoni dwar it-tip u l-volum tas-servizz li l-applikant qed jippjana li jipprovdi f' ka ta' servizz

did, jew li ie provdut f' ka ta' tidid ta' l-awtorizzazzjoni;

(e)

mappa fuq skala xierqa li fuqha hemm immarkati r-rotta u l-postijiet tal-waqfien li fihom jitligu jew

jinlu l-passiieri;

(f)

skeda tas-sewqan li tippermetti verifika tal-konformita' mal-leilazzjoni rilevanti dwar perijodi tas-

sewqan u tal-mistrie.

2. L-applikanti gandhom jipprovdu informazzjoni ora li tappoa l-applikazzjoni taghom li huma jikkunsidraw

rilevanti jew li tintalab mill-Awtorita'.

Ir-Regolamenti dwar il-Servizzi ta arr ta’ Passiieri jgidu li s-servizzi segwenti huma soetti gal

3. awtorizzazzjoni

(a)

servizzi regolari, servizzi li jipprovdu gall-arr tal-passiieri f' intervalli speifikati fuq rotot

speifikati, u l-passiieri jitilgu u jinlu f'postijiet tal-waqfien predeterminati. Is-servizzi regolari

gandhom ikunu miftua gal kuladd, bla sara, fejn xieraq, gal riserva obbligatorja. In-natura

regolari tas-servizz mhix effettwata bl-ebda austament gall-kondizzjonijiet ta' l-operat tas-servizz;

(b)

servizzi regolari spejali li m‘humiex koperti minn kuntratt bejn l-organizzatur u t-trasportatur. Is-

servizzi, organizzati minn kull persuna, li jipprovdu gall-arr ta' kategoriji speifikati ta' persuni u li

jeskludu passiieri orajn sa fejn dawn is-servizzi huma operati tat il-kundizzjonijiet ta‘ servizzi

regolari, jitqiesu bala servizzi regolari. Dawn is-servizzi minn hawn il quddiem jisseju "servizzi

regolari spejali“. Servizzi regolari spejali jinkludu

(i)

Il-arr tal-passiieri bejn id-dar u x-xogol;

(ii)

Il-arr sa u mill-istituzzjoni edukattiva gat-tfal ta' l-iskola u studenti;

Il-arr tas-suldati u l-familji taghom bejn l-Istat ta' oriini taghom u -ona tal-kwartier

(iii)

taghom.

Il-fatt li servizz regolari spejali jista' jii varjat skond il-tiiet ta' l-utenti ma jaffettwax il-klassifika tiegu

bala servizz regolari spejali.

4. L-applikazzjoni gandha ssir lill-Awtorita' meta s-servizz jitlaq minn Malta.

L-itwal zmien ta' validita' ta' l-awtorizzazzjoni huwa ta' ames snin.

5. IS-SEBA' SKEDA

(Regolament 90 u 98)

FORMOLA TAL-VJA GAL SERVIZZI OKKAJONALI

1. Il-formoli tal-vja gandhom ikunu f'kotba ta' 25 formola skond il-formola gawn tat, duplikati u li jistgu

jinqalgu. Kull ktieb gandu jkollu numru. Il-formoli ghandhom ikunu wkoll enumerate minn 1 sa 25. Il-qoxra tal-

ktieb gandha tkun skont il-formola hwan tat. Gandhom ikunu fl-isem tat-trasportatur u mhumiex trasferibbli.

2. L-Awtorita' gandha tieu l-passi kollha metiea biex taddatta dawn ir-rekwiiti gall-iproessar bil-kompjuter tal-

formoli tal-vja.

3. (1) Il-formola tal-vja gandha timtela b' mod leibbli, b' ittri li ma jitassrux, duplikatament, jew mit-trasportatur

jew mix-xufier gal kull vja qabel it-tluq. Gandha tkun valida gall-vja kollu.

(2) Il-kopja ta' fuq tal-formola tal-vja gandha tinamm fil-vettura gall-vja kollu li tirreferi galih. Gandha

tinamm kopja fl-uffiju rreistrat tal-kumpannija.

(3) It-trasportatur huwa responsabbli li jomm il-formoli tal-vja.

4. Fil-ka ta' servizz internazzjonali okkajonali pprovdut minn grupp ta' trasportaturi li jaixxu gall-istess kuntrattur,

u li jista jinkludi l-passiieri li jagmlu konnessjoni en route ma’ trasportatur mill-istess grupp, l-oriinali tal-formola

tal-vja gandha tinamm fuq il-vettura li qed twettaq is-servizz. Kopja tal-formola gandha tinamm fil-bai ta'

kull trasportatur.

5. (1) Kopji tal-formoli tal-vja uati bala dokumenti ta' kontroll gal servizzi okkajonali b'kabota skond ir-

regolament 77 gandhom jintraddu mit-trasportatur lill-awtorita' jew aenzija kompetenti fil-pajji fejn hu stabbilit

skond il-proeduri stabbiliti minn dik l-awtorita' jew aenzija.

(2) Fil-ka ta’ servizzi regolari spejali b'kabota skond ir-regolament 98, il-formola tal-vja gandha timtela

bala rendikont ta' kull xahar u tintradd mit-trasportatur lill-awtorita' jew aenzija kompetenti fl-Istat Membru fejn

ikun stabbilit skond il-proeduri stabbiliti minn dik l-awtorita' jew aenzija

6. Il-formola tal-vja tippermetti lill-utenti reistrat f'Malta, fil-kuntest ta' servizz internazzjonali okkajonali, li

jwettaq eskursjonijiet lokali fi Stat Membru, jew trasportatur reistrat fi Stat Membru li jwettaq eskursjonijiet lokali f'

Malta, skond il-kondizzjonijiet ta’ regolament 82. L-eskursjonijiet lokali gandhom jiddalu fil-formoli tal-vja

qabel it-tluq tal-vettura fl-eskursjoni in kwistjoni. L-oriinali tal-formola tal-vja gandha tinamm fuq il-vettura

matul l-eskursjoni lokali kollu.

7. Id-dokument ta' kontroll gandu jii ppreentat lil uffijal ta' infurzar meta mitlub minnu.

FORMOLA TAL-VJA GAL SERVIZZI OKKAJONALI

LN Trasport Malti.indd 2064

5/19/09 6:09:12 PM

Ktieb tal-formoli tal-vja

Malta (M)

Awtorita' dwar it-Trasport ta' Malta

Ktieb Nru …..

Tal-formoli tal-vja

(a) gal servizzi internazzjonali okkajonali b' vetturi gas-servizz tat-trasport ta’ passiieri maru

skond ir-Regolamenti dwar is-Servizzi ta’ arr ta‘ Passiieri.

(b) gal servizzi okkajonali b' vetturi gat-trasport ta’ Passiieri b'kabota imwettqa fi Stat

Membru, maru abbai tar-Regolamenti dwar is-Servizzi ta’ arr ta‘ Passiieri

Lil: ...................................................................................................................................

(Kunjom u isem jew isem kummerjali tat-trasportatur)

………………………………………………………………………………………..

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

………………………………………………………………………………………….

(Indirizz si, u nurmi tat-telefon u tal-fax)

(Post u data tal-ru)

(Firma u timbru ta' l-Awtorita')

It-tieni pana

Avvi Importanti

A. DISPOIZZJONIJIET ENERALI KEMM GAL SERVIZZI INTERNAZZJONALI OKKAJONALI U

SERVIZZI OKKAJONALI B'KABOTA

Ir-Regolamenti dwar is-Servizzi ta’ arr ta‘ Passiieri jirrikjedu li s-servizzi okkajonali jiu koperti

1. minn document ta' kontroll - formola tal-vja.

2. Ir-Regolamenti jiddefinixxu s-servizzi okkajonali bala servizzi "li ma jaqgux tat id-definizzjoni ta'

servizzi regolari, inklui s-servizzi regolari spejali, u li l-karatteristika ewlenija taghom hi li jorru gruppi

ffurmati abbai ta' l-inizjattiva tal-klijent jew it-trasportatur innifsu; dawn is-servizzi ma jieqfux milli jkunu

servizz okkajonali sempliiment galiex jiu pprovduti f' intervalli speifikati".

Servizzi regolari huma servizzi li jipprovdu gall-arr ta persuni b'vetturi gat-trasport tal-passiieri f' intervalli

speifikati f' rotti speifikati, u l-passiieri jitilgu u jinlu f'postijiet ta' waqfien determinati minn qabel. Is-

servizzi regolari gandhom ikunu miftua gal kuladd, bla sara, fejn xieraq, gal riserva obbligatorja.

Ix-xorta regolari tas-servizz m'ghandha tkun effettwata bl-ebda austament gall-kondizzjonijiet ta' l-operat

tas-servizz.

Is-servizzi, organizzati minn kull persuna, li jipprovdu gall-arr ta' kategoriji speifikati ta' persuni u li jeskludu

Passiieri orajn sa fejn dawn is-servizzi huma operati tat il-kundizzjonijiet ta’ servizz regolari, jitqiesu bala

servizzi regolari. Dawn is-servizzi jisseju 'servizzi regolari spejali'.

Servizzi regolari spejali jinkludu

(i) Il-arr tal-passiieri bejn id-dar u x-xogol;

(ii) Il-arr sa u mill-istituzzjoni edukattiva gat-tfal ta' l-iskola u studenti;

(iii) Il-arr tas-suldati u l-familji taghom bejn l-Istat ta' oriini taghom u -ona tal-kwartier

taghom.

Il-fatt li servizz regolari spejali jista' jii varjat skond il-tiiet ta' l-utenti ma jolqotx il-klassifika tiegu bala

servizz regolari spejali.

3. Il-formola tal-vja gandha tkun valida gat-tul tal-vja kollu.

4. Il-Lienza Komunitarja u l-formola tal-vja jintitolaw lill-persuna li twettaq

(a)

servizzi internazzjonali okkajonali b' vetturi tat-trasport tal-passiieri bejn Malta u Stat

Membru wieed jew aktar.

(b)

servizzi okkajonali b'kabota fi Stat Membru, jew f' Malta jekk hu mhux residenti f' Malta.

5. Il-formola tal-vja gandha timtela duplikatament, jew mit-trasportatur jew mix-xufier gal kull vja qabel it-

tluq. Gandha tkun valida gall-vja kollu. Il-kopja ta' fuq tal-formola tal-vja gandha tinamm fil-vettura

gall-vja kollu li tirreferi galih. Il-kopja tal-formola tal-vja tinamm fl-intrapria. Ix-xufier gandu

jomm l-oriinali abbord il-vettura matul il-vja kollu u jippreentaha meta jintalab minn uffijali ta' l-infurzar.

6. Ix-xufier gandu jrodd il-formola tal-vja lill-intrapria li kkonsenjatha fit-tmiem tal-vja in kwistjoni. It-

trasportatur hu responsabbli li jomm id-dokumenti. Gandhom jimtlew b' mod leibbli u li ma jitassarx.

It-tielet pana

B. DISPOIZZJONIJIET SPEIFII GAL SERVIZZI INTERNAZZJONALI OKKAJONALI

Ir- Regolamenti dwar is-Servizzi ta’ arr ta‘ Passiieri jirrekjedu li l-organizzazzjoni ta' servizzi paralleli jew

1. temporanji komparabbli ma' servizzi regolari eistenti u li jservu l-istess klijentela bal din ta' l-aar ma

jirrikjedux awtorizzazzjoni.

2. It-trasportaturi jistgu jwettqu eskursjonijiet lokali fi Stat Membru, jew f' Malta jekk mhumiex residenti f' Malta,

fil-ka ta' servizzi internazzjonali okkajonali. Dawn l-eskursjonijiet lokali huma masuba esklussivament gal

passiieri li mhumiex residenti f' Malta fil-kuntest ta' servizz internazzjonali okkajonali. Gandhom jiu

ttrasportati qabel fl-istess vettura jew vettura li tappartjeni gall-istess trasportatur jew grupp ta' trasportaturi.

3. Fil-ka ta' eskursjonijiet lokali, il-formola tal-vja gandha timtela qabel it-tluq tal-vettura fl-eskursjoni in

kwistjoni.

4. Fil-ka ta' servizz internazzjonali okkajonali operat minn grupp ta' trasportaturi li jaixxu gall-istess klijent u

possibilment fejn il-passiiera jagmlu konnessjoni matul ir-rotta ma' trasportatur ta' l-istess grupp, l-oriinal

tal-formola tal-vja gandha tinamm fuq il-vettura li qed twettaq is-servizz. Kopja tal-formola tal-vja

gandha tinamm fil-bai ta' kull trasportatur involut.

C. DISPOIZZJONIJIET SPEIFII GAL SERVIZZI OKKAJONALI B'KABOTAGG

1. Servizzi okkajonali b'kabotagg hums soetti gal-liijiet, regolamenti u miuri amministrativi fis-se f' Malta

fil-kampjijiet li ejjin

a)

ir-rati u l-kundizzjonijiet li jiggvernaw il-kuntratt tat-trasport;

b)

piijiet u dimenzjonijiet ta' vetturi tat-triq gandhom jissoddisfaw il-kundizzjonijiet tar-

Regolamenti dwar il-Piijiet, Tgammir u Dimensjonijiet tal-Vetturi bil-Mutur;

c)

rekwiiti dwar il-arr ta' xi kategoriji ta' persuni, bal tfal ta' l-iskola, tfal u persuna neqsin mill-

mobilita';

inijiet ta' sewqan u ta' mistrie;

d)

e)

VAT (Taxxa dwar il-Valur Mijud) fuq is-servizzi tat-trasport.

2. Il-livelli teknii gall-binja u t-tgammir li gandhom jilqu l-vetturi uati gall-operazzjonijiet ta' kabota

gandhom jilqu dawk kollha stabbiliti gal vetturi li jiirkolaw fit-trasport internazzjonali.

3. Fil-ka ta' servizz okkajonali b'kabota, il-formoli tal-vja gandhom jintraddu mit-trasportatur lill-Awtorita'

skond proeduri li ganhda tistabbilixxi.

4. F' ka ta' servizz spejali regolari b'kabota, il-formoli tal-vja gandhom jimtlew fil-forma ta' rendikont ta' kull

xahar, u jintraddu mit-trasportatur lill-Awtorita' skond proeduri li ganhda tistabbilixxi

(1) An applicant for an operator’s licence 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.

(2) Where the applicant is a natural person and cannot

satisfy the requirement in subregulation (1)(c), but satisfies

subregulation (1)(a) and (b), the Authority may nevertheless

issue an operator’s licence provided that he designates to the

Authority a designated person who satisfies sub-regulation (1)

(a) and (c).

(3) Every applicant for an operator’s licence not being a

natural person must indicate a designated person.

(4) (a) Where the applicant for an operator’s licence is

a limited liability company, the requirements of sub-regulation

(1)(a) must be satisfied by all the directors of the company

as well as the designated person, the requirements in sub-

regulation (1)(b) must be satisfied by the company and the

requirements of sub-regulation (1)(c) must be satisfied by the

designated person.

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

is a partnership en commandite or a partnership en nom

collectif as defined in the Companies Act Cap. 386, the

requirements of sub-regulation (1)(a) must be satisfied

by all the partners and the designated person, the

requirements in sub-regulation (1)(b) must be satisfied

by the partnership and the requirements of sub-regulation

(1)(c) must be satisfied by the designated person.

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

is a legal person other than those identified in paragraphs

(i) and (ii) above, the requirements of sub-regulation (1)

(a) must be satisfied by all persons having the legal and,

or judicial representation of such legal person and the

designated person, the requirements in sub-regulation (1)

(b) must be satisfied by the legal person itself and the

requirements of sub-regulation (1)(c) must be satisfied by

the designated person.

(5) Where a designated person, ceases to continuously

and effectively manage the road passenger transport operation,

the operator shall within twenty-one days from that occurrence

notify the Authority in writing and the Authority shall allow a

period not exceeding three months within which the operator

shall designate another designated person, who shall comply

with the provisions of subregulation (1)(a) and (c).

(6) Where, a person, other than the designated person,

who is required to fulfill the requirement stipulated in sub-

regulation (1)(a), ceases to occupy his post within a road

passenger transport operation, the operator shall within twenty-

one days from such occurrence notify the Authority in writing.

Any new appointments to such posts shall be likewise notified

to the Authority and shall be subject to its approval, which

approval shall not be granted unless the persons so appointed

fulfill the requirements of these regulations.

(Regolament 91)

ERTIFIKATI GAL SERVIZZI TA' TRASPORT FUQ

KONT PERSONALI

MALTA

Awtorita' dwar it-Trasport ta' Malta

M

ERTIFIKAT

Maru gal operazzjonijiet fuq kont personali bil-vettura gall-arr ta passiieri bejn Stati Membri u Malta

(Parti gall-persuna jew enti li twettaq l-operazzjonijiet ta' trasport fuq kont personali)

Il-persuna hawn tat iffirmata, ..................................................................................................................

responsabbli gall-impria, korp mingajr profitt jew orajn (iddeskrivi)

…………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

(Kunjom u isem jew isem uffijali u indirizz si)

tattesta li

-

is-servizzi tat-trasport provduti huma mingajr profitt u mhumiex kummerjali

-

it-trasport huwa biss attivita' anillari gall-persuna jew entita'

il-vettura gall-arr ta passiieri bir-reistrazzjoni nru ...... hija l-proprjeta' tal-persuna jew enti jew iet akkwistata minnhom fuq

-

pattijiet differiti, jew kienet is-suett ta' kuntratt ta' lokazzjoni fit-tul,

-

il-vettura gall-arr ta passiieri tinsaq minn impjegat tal-persuna jew enti hawn tat iffirmata jew mill-persuna hawn tat iffirmata

stess.

…………………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………..

(Firma tal-persuna jew rappreentatni ta' l-entita')

(Parti gall-Awtorita')

Dan jikostitwixxi ertifikat ai termini ta’ regolament 91 tar-Regolamenti dwar is-Servizzi ta’ arr ta‘ Passiieri

(Terminu ta' validita')

(Post u data tal-ru)

…..……………………………….

(Firma u timbru ta' l-Awtorita')

(It-tieni pana ta-ertifikat)

Dispoizzjonijiet enerali

Ir-regolament 2 tar-Regolamenti dwar is-Servizzi ta’ arr ta‘ Passiieri jgid li

1. “operazzjonijiet ta' trasport fuq kont personali” tfisser dawk l-operazzjonijiet ta' trasport tal-

passiieri mwettqa gal ganijiet mhux kummerjali u mingajr profit minn persuna naturali jew

legali, sakemm il-kondizzjonijiet li ejjin huma soddisfatti



l-attivita' tat-trasport hija biss anillari gall-attivitajiet tal-intrapria; u



il-vetturi uati huma l-proprjeta' ta' dik il-persuna naturali jew legali jew ew akkwistati

fuq termini differiti jew kienu s-suett ta' kuntratt ta' lokazzjoni fit-tul u jiu jinstaqu

minn impjegat tal-persuna naturali jew legali jew mill-persuna naturali nnifisha;

2. It-trasportaturi fuq kont personali ghandhom lienza biex iwettqu dan it-tip ta' operazzjoni tat-

trasport mingajr diskriminazzjoni minabba nazzjonalita' jew post fejn huma stabbiliti jekk

dawn

-

Huma awtorizzati fl-Istat fejn huma stabbiliti li jwettqu trasport bil-vettura ghall-garr ta’

passiggieri bil-kundizzjonijiet dwar aess gas-suq imwaqqfa fil-lii nazzjonali;

-

Jilqu r-rekwiiti dwar sigurta' tat-toroq dwar l-istandardi gax-xufiera u l-vetturi.

3. L-“operazzjonijiet ta' trasport fuq kont personali” msemmija fil-punt 1 huma eenti ,mill-bonn ta’

awtorizzazzjoni ida huma soetti gal sistema ta' ertifikati.

4. I-ertifikat jintitola lill-persuna twettaq operazzjonijiet ta' trasport internazzjonali b'vettura ghal-

arr ta’ passiieri fuq kont personali. Dan jinare mill-Awtorita' kompetenti ta' l-Istat MEmbru

fejn hija rreistrata l-vettura u huwa validu gall-vja kollu, inklui vjai ta' transitu.

5. Il-partijiet rilevanti ta' dan i-ertifikat gandhom jimtlew b' ittri li ma jitassrux, ghal tliet darbiet,

mill-persuna jew rappreentant ta' l-enti li tkun qed twettaq l-operazzjoni. Gandha tinamm kopja

mill-amministrazzjoni u kopja mill-persuna jew enti. Ix-xufier gandu jomm l-oriinali jew kopja

vera attestata fuq il-vettura gall-vja internazzjonali si. Gandha tii ppreentata lill-

awtoritajiet inforzanti meta hekk tintalab. Il-persuna jew enti, kif xieraq, hija responsabbli li

omm i-ertifikati.

I-ertifikat huwa validu gal mhux aktar minn ames snin.

6. ID-DISA’ SKEDA

PENALITAJIET AMMINISTRATTIVI

Kolonna 1

Kolonna 2

Kolonna 3

Regolament

Penalitajiet amministrattivi

Penalitajiet amministrattivi

gall-operaturi

gax-xufiera

50

8(2)

100

50 kuljum

14(1)

50

22(3),(5),

50

23(1)

250

50

27(2)

500

27(3)

50

50

100

35(2)

50

35(3)

100

36(2)

1,000

37(1)

50 flimkien ma’ 50 kuljum

100

500

50

50

100

100

500

50

100

50

10

52(1)

10

100

100

150

150

57 (1), (2)

150

57 (3), (4)

25

100

100

100

100

250

100

64 (1),(2),(3)

100

100

100

100

500

69(1) a, b, c, e

500 flimkien ma’ 50

69(1)d

kuljum

500

500

69(2)(3)

350

350

72,72,74,75,76,77,78

150 gall-ewwel ksur u

150 gall-ewwel ksur u 1000

107(6)

1000 gal ksur sussegwenti

gall-ksur sussegwenti

LN Trasport Malti.indd 2070

5/19/09 6:09:13 PM

L-GAXAR SKEDA

DRITTIJIET

Parti 1

Applikazzjoni gal Lienza ta’ Operatur - Regolament 7(4)

125

(i) Dritt gall-applikazzjoni

50

(ii) Dritt gall-verifikazzjoni

25

(iii) Tibdil fil-lienza

(iv) ru mill-did ta’ Lienza mitlufa 50

Parti 2

Applikazzjoni gall-Permess ta’ Xufier - Regolament 20

(i) Dritt gall-applikazzjoni kif preskritt fir-Regolamenti gall-Vetturi bil-Mutur (Lienzi tas-

Sewqan) (L.S. 65.18)

(ii) Dritt gat-tidid kif preskritt fir-Regolamenti dwar Vetturi bil-Mutur (Lienzi gas-Sewqan) (L.S.

65.18)

Parti 3

Sostituzzjoni tat-Tag ta’ Xufier - Regolament 22 (4)

(i) ru ta’ Tag (valida gall-ames snin) kif preskritt fir-Regolamenti dwar il-Vetturi bil-Mutur

(L.S. 65.11)

(ii) Sostituzzjoni ta’ Tag mitlufa kif preskritt fir-Regolamenti dwar il-Vetturi bil-Mutur (L.S. 65.11)

Parti 4

Applikazzjoni gal Lienza ta’ Vettura gall-arr tal-Passiieri - Regolament 27

1. Dritt ta’ l-applikazzjoni gal Lienza ta’ Vettura gall-arr ta’ Passiieri

2. Dritt tad-Dul li jrid jitallas f’kaijiet applikabbli

Kolonna A

Kolonna B

Numru ta’ sedili gall-passiieri

Dritt tad-Dul

kif jidher fi-ertifikat tal-

()

fabbrikant tal-vettura partikolari

gall-arr ta’ passiieri

11,000

11892

12753

13608

14430

15248

16031

16812

17556

18300

19005

19712

20378

21048

21675

22308

22896

23492

24041

24600

25110

25632

26103

26588

27020

27468

27861

28272

28626

29000

29315

29652

29928

30228

30465

30728

30926

31152

31311

31500

31620

31772

53 u aktar

31800

B’dan illi il-vannijiet bit-tail-lift ikunu eentati mid-Dritt tad-Dul minkejja n-numru ta’ sedili tal-

passiieri.

B’dan illi il-coaches illi huma vettura dida bil-mutur huma eentati mid-Dritt tad-Dul.

25 gal kull vettura

3. Dritt gat-tidid tal-Lienza tal-Vettura gall-arr ta’ Passiieri

gall-arr ta’ passiieri

IL-DAX-IL SKEDA

SINJAL DWAR IT-TFAL TA’ L-ISKOLA

LN Trasport Malti.indd 2074

5/19/09 6:09:14 PM

(1) An application for the grant of an operator’s licence

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

such particulars as the Authority may require and shall be submitted

together with

(a) a certificate issued by the Police detailing any criminal

offences and, or contraventions for which the applicant and,

or the persons mentioned in sub-regulation (2) and (4) of

regulation 6 of these regulations may have been sentenced

together with the punishment thereof

Provided that where the applicant and/or the persons

mentioned in sub-regulation (2) and (4) of regulation 6 of

these regulations are not normally resident in Malta an extract

from a judicial record or, failing that, an equivalent document

issued by a competent judicial or administrative authority of

the country of origin or the country from which such persons

come shall suffice;

Provided further that where the country of origin or the

country from where such persons come does not issue such

document, the said document may be replaced by a declaration

on oath or by a solemn declaration made by the person concerned

in front of a competent judicial or administrative authority or,

where appropriate, a notary in that person’s country of origin

or the country from where such persons come. Such authority

or notary shall issue a certificate attesting the authenticity of

the declaration on oath or solemn declaration;

(b) a certificate of competence granted to the

designated person in terms of regulation 11 of these

regulations;

(c) a declaration signed by an auditor or accountant

in the form set out in the First Schedule;

(d) particulars of the number and class or description

of any passenger transport 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 passenger transport 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) a declaration giving details of its Operating

Centre, and of indoor space available to the applicant

to garage the passenger transport vehicles referred to in

paragraph (c) above;;

(g) particulars of drivers, if any, employed or to be

employed by the operator;

(h) particulars of the financial resources available as

regards any such relevant business.

(2) The documents prescribed in paragraphs (a), (c), (e)

of sub-regulation (1) shall not be accepted if produced more

than three months after date of issue.

(3) The Authority may require any particulars given

by an applicant in relation to an application mentioned in

subregulation (1) to be contained in a statutory declaration

or in a sworn affidavit in such manner as the Authority shall

specify.

(4) An application for the grant of an operator’s licence

shall be accompanied by the fee stipulated Part 1, Item (ii) of

the Tenth Schedule.

(1) An application for the issue of an operator’s licence

shall be processed and decided upon by the Authority.

(2) In the case that the operator’s licence is granted, the

Authority shall provide the operator with a certified true copy of the

operator’s licence for every passenger transport vehicle covered by

such licence. Such true copy shall be kept at all times in the said

passenger transport vehicle and shall be produced by the driver on

demand by an authorized inspecting officer.

(3) The decision of the Authority shall be sent by registered

post to the applicant at the address specified in the application.

(4) Where the Authority refuses an application, it must

specify the reasons for its refusal.

(5) When an application is refused by the Authority,

the applicant shall have the right to appeal from such decision to

the Board in terms of the Act, within thirty days from when such

decision is delivered to him in terms of sub-regulation (2) of this

regulation.

A person shall not be deemed to satisfy the condition of Good repute.

good repute and conduct for the purpose of regulation 6 of these

regulations if he

(a) has been convicted of any crime contemplated in

Title I of Part II of Book First of the Criminal Code, Cap. 9

or/and articles 198, 199, 203, 203A, 204, 204A, 204B, 204C,

205, 211, 212, 213, 217, 218, 220, 238(a), 245, 248B, 248C,

248D of the Criminal Code; or

(b) has been sentenced in the last ten years for committing

a crime carrying a conviction of a term of imprisonment of, or

exceeding, one month or a fine of at least five hundred Euro

(500.00), or of two or more crimes connected with violence or

was serving such a sentence or part thereof within such ten

year period; or

(c) has been found guilty, or served a sentence or part

thereof, in the last five years, of any crime in terms of the

Traffic Regulation Ordinance and, or any regulation made

thereunder and/or the Malta Transport Authority Act and, or

any regulation made thereunder; or

(d) has been declared unfit to pursue the occupation of

an operator under any rules in force; provided that an operator

shall be considered to have been declared unfit to pursue the

occupation of operator if

(i) he has, in the previous two years, had a licence

which was issued to him for the provision of services

related to the carriage of passengers by road in Malta or

in any other State, withdrawn, whether by order of a court

or other adjudicating body or by the competent authority;

or

(ii) he was, during the previous two years, a

director, partner, designated person and, or a person

having the legal and, or judicial representation of one

or more authorised persons the licence of whom was

withdrawn during his tenure, in terms of these regulations

and, or in terms of the Light Passenger Transport Services

and Taxi Services Regulations during the period of his

appointments or

(iii) he has been convicted of serious or repeated

offences against rules in force concerning

(a) the pay and employment conditions in

the profession or;

(b) road transport, in particular the rules

relating to driving, the weights and dimensions

and carrying capacity of vehicles, road or vehicles

safety or damage to the environment and other rules

concerning professional liability; or

(e) has been convicted of any corresponding offence

under any law of a country or territory outside Malta;

For the purpose of this provision the term “authorised

person” means a person who was granted an authorisation in

terms of regulation 5 of these regulations and/or regulation

3 of the Light Passenger Transport Services and Taxis

Regulations

Provided that where the applicant was less than eighteen

years of age at the time of such a conviction referred to in

paragraphs (b) and (c) the periods referred to shall be

respectively two years and one year.

Appropriate financial standing of the undertaking for the

purpose of regulation 6 of these regulations shall consist in having

available sufficient resources to ensure proper launching and proper

administration thereafter of the road passenger transport operation.

(2) For the purposes of assessing financial standing, the

Authority shall have regard to

(a) annual accounts of the applicant, if any;

(b) funds available, including cash at bank, overdraft

and loan facilities;

(c) any assets, including property, which are available to

provide full or partial security for the road passenger transport

operation;

(d) costs, including purchase cost or initial payment for

vehicles, premises, plant and equipment, and working capital.

(3) An applicant for, or a holder of an authorization shall

not be considered to be of appropriate financial standing unless he

has available to him capital and reserves of an amount equal to or

exceeding the aggregate of

(i) nine thousand Euro (€9,000) for the first or

only passenger transport vehicle which is to be authorised

under the licence; and

(ii) five thousand Euro (€5,000) for each additional

passenger transport vehicle which is to be authorised.

(4) The Authority may accept as evidence of financial

standing confirmation or assurance given by a bank or other suitably

qualified financial institution. Such confirmation may be given in

the form of a bank guarantee, a pledge or security, or by any other

means acceptable to the Authority.

(1) The conditions relating to professional competence

shall be satisfied if the designated person demonstrates that he

possesses the requisite skills by passing a written and/or oral

examination based on the subjects listed in Part 2 of the Second

Schedule, corresponding to the level of training for either the national

or international operations as the case may be, organised by the

LN Transport ENGLISH.indd 2095

Authority or a body designated for the purpose by the Authority and

is the holder of a certificate to that effect issued by the Authority or

a body designated for the purpose by the Authority. Such certificate,

in the format indicated in Part 1 of the Second Schedule shall serve

as proof of professional competence.

Provided that the level of training for a national operator’s

licence in terms of sub-regulation (5) of regulation 5 shall not

cover subjects relating to international transport. In such a case, the

certificate of professional competence shall state that the holder is

qualified to perform the effective and continuous management of

national road transport operations

(2) The Authority may exempt from examination, or

part thereof, applicants who can provide proof of at least five years’

practical experience in the management of a road passenger transport

operation, provided such applicants successfully sit a multiple-choice

test based on the subjects listed in Part 2 of the Second Schedule,

organised by the Authority or a body designated for the purpose by

the Authority.

(3) The Authority may exempt from examination, or

part thereof, holders of advanced diplomas or technical diplomas

equivalent, which provide proof of a sound knowledge of the

subjects covered in the relevant national and international syllabi

and holders of a certificate of professional competence issued by

other Member States.

An operator shall maintain up to date and comprehensive

records relating to all aspects of the passenger transport operation,

including, but not limited to, records of all bookings, the statutory

documents and books of accounts and employment agreements at

the operating centre.

The number of passenger transport 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

operator still satisfies the requirement of financial standing, it shall

vary the operator’s licence accordingly.

(1) Without prejudice to sub-regulation (4) of regulation

5 of these regulations, the Authority shall have the power to carry

out random checks, whenever it deems necessary, in order to verify

that an operator continues to fulfil the requirements of sub-regulation

(1) of regulation 6 provided that the Authority shall carry out such

compliance checks at least once every five years. For this purpose,

the Authority may require the operator or any official or employee

of the same to attend before it, or before a person appointed by

it, at such time and place as it may specify, to answer questions

and provide information and documentation with respect to the

road transport operation of the operator. The Authority may take

and keep copies of any documents furnished or provided under

this regulation. A statement made and documentation provided in

pursuance of this regulation may be used in evidence against the

operator as well as against any person to whom they relate. Such

persons shall comply fortwith, and in no case later than twenty four

hours, with any request or order made by the Authority in terms of

this regulation.

(2) An operator’s licence may be suspended or

withdrawn on any of the following grounds

(a) where the holder no longer satisfies the conditions

laid down in sub-regulation (1) of regulation 6; or

(b) where the holder has supplied incorrect information

to the Authority in relation to the issue of a licence or under

sub-regulation (4) of regulation 5of these regulations; or

(c) where the holder has breached any of the conditions

of the licence and has not remedied such breach in spite of his

having been given written notice of the breach and a reasonable

time in which to do so.

(3) Such suspension or revocation shall be effected by

the Authority by order of a Court of Criminal Jurisdiction or by order

of the Board which shall make such an order having regard to the

seriousness of the infringement; provided that proceedings in front

of the Board for the suspension or revocation of a licence can only

be initiated upon an application by the Authority. The decision of

the Board shall be final; provided that an appeal shall lie therefrom

on a point of law;

Provided further that, except where the licence has been

revoked, the licence shall cease to have effect until the suspension

is lifted by the Authority as ordered by the Board or the Court of

Criminal Jurisdiction, as the case may be.

(4) Where any offences against the rules governing

road passenger transport have been committed by an operator who

is not normally resident in Malta, and such offence might lead to

LN Transport ENGLISH.indd 2097

withdrawal of the operator’s licence, the Authority shall provide

the Member State in which the operator is established with all the

information in its possession concerning those offences and the

penalties imposed.

(5) Where the requirement of financial standing is

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

operator’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 three months.

(1) Any enforcement officer of the Authority, upon

the direction of the Authority, may enter the operating centre of

the operator for the purpose of obtaining information or documents

which indicate whether the operator is complying with its obligations

in terms of these regulations.

(2) No enforcement officer of the Authority may enter

an operating centre after 7 o’clock in the evening and before 7

o’clock on the next following morning, unless there is reason to

believe that delay could cause the loss of necessary information and

the search is expressly authorized by the Authority to take place

between the said times.

(3) For the purposes of any action taken under

this regulation, the Authority may request the assistance of the

Commissioner of Police, who may for such purpose exercise such

powers as are vested in him for the prevention of offences and the

enforcement of law and order.

(4) The Authority may take any documents found in

the operating centre or copies thereof. Any documentation obtained

by the Authority in pursuance of this regulation may be used in

evidence against the operator as well as against any person to whom

they relate.

In the event of the death or physical or legal incapacity of

the natural person in whose name the operator’s licence is granted

in terms of sub-regulation (3) of regulation 5, or of the designated

person, the Authority may permit the carrying on the passenger

transport operation on a temporary basis for a maximum period of

nine months.

PART III

DRIVER’S PERMIT

No person shall act as a driver unless in possession of a

valid driver’s permit issued in accordance with these regulations;

Provided that drivers who are not normally resident in Malta

may perform cabotage transport operations in Malta in terms of

Part VIII of these regulations without the requirement of a driver’s

permit.

An applicant for a driver’s permit shall, before being

granted the authorisation, satisfy the Authority that he–

(a) is duly licensed in accordance with the Motor

Vehicles (Driving Licences) Regulations; and

(b) is in possession of a certificate of professional

competence in terms of the Motor Vehicles (Driving Licences)

Regulations unless exempted from such requirement in terms

of the same Motor Vehicles (Driving Licences) Regulations;

and

(c) is of good repute and conduct

A person shall not be deemed to satisfy the condition of

good repute and conduct if he

(a) has been convicted of any crime contemplated in

Title I of Part II of Book First of the Criminal Code, articles

198, 199, 203, 203A, 204, 204A, 204B, 204C, 205, 211, 212,

213, 217, 218, 220, 238(a), 245, 248B, 248C, 248D of the

Criminal Code;

(b) has been sentenced in the last ten years of a

crime carrying a conviction of a term of imprisonment of, or

exceeding, one month or a fine of at least five hundred Euro

(500.00); or of two or more crimes connected with violence

or was serving such a sentence or part thereof within such ten

year period;

(c) has been found guilty, or served a sentence or part

thereof, in the last five years, of any crime in terms of the Traffic

Regulation Ordinance (Cap. 65) and, or any regulation made

thereunder and, or the Malta Transport Authority Act and, or

any regulation made thereunder;

(d) has been convicted of any corresponding offence

under any law of a country or territory outside Malta

Provided that where the applicant was less than eighteen

years of age at the time of such a conviction referred to in paragraphs

(b) and (c) the periods referred to shall be respectively two years and

one year.

An application for the grant or renewal of a driver’s

permit shall be submitted to the Authority in the form stipulated by

the same and shall contain such particulars as the Authority may

require and shall be submitted together with

(a) a certificate issued by the Police detailing any criminal

offences and/or contraventions mentioned in regulation 19 of these

regulations for which the applicant may have been sentenced together

with the punishment thereof; and

(b) the relevant application fee fixed by the Authority in

terms of Part 2 of the Tenth Schedule of these regulations.

(1) An application for a driver’s permit shall be

processed and decided upon by the Authority.

(2) The decision of the Authority shall be sent by

registered post to the applicant at the address specified in the

application.

(3) Where the Authority refuses an application, it must

specify the reasons for its refusal.

(4) When an application is refused by the Authority,

the applicant shall have the right to appeal from such decision to

the Board in terms of the Act, within thirty days from when such

decision is delivered to him in terms of sub-regulation (2) of this

regulation.

(1) The Authority shall, upon granting a driver’s

permit in accordance with these regulations, issue to the successful

applicant, a driver’s tag evidencing that such person has been granted

a driver’s permit.

(2) A driver’s permit and the driver’s tag shall be

valid for a period of five years from the date on which the driver’s

permit is granted or any other shorter period, specified thereon

by the Authority, unless revoked or suspended, and shall not be

transferable.

(3) Every driver shall, while driving a passenger

transport vehicle, fix the driver’s tag in the appropriate slot provided

for the purpose in the certificate referred to in regulation 34 of

these regulations. Every driver shall while on duty but not driving a

passenger transport vehicle, wear in a conspicuous place on the left

side of his chest in a manner that it may easily be seen, the driver’s

tag. Every driver shall, produce the driver’s tag whenever requested

to do so by the authorised inspecting officer.

(4) A driver who loses his tag shall immediately,

and without delay, inform the Authority of such fact, and if the

Authority is satisfied that such tag was lost, the Authority shall issue

a replacement tag on the payment of a fee as prescribed in Part 3 of

the Tenth Schedule of these regulations.

(5) In the event that the driver’s tag becomes discoloured,

disfigured or is torn, the driver shall immediately return such tag to

the Authority and the Authority shall issue a replacement tag free of

charge

Provided that the holder of the driver’s tag shall be bound

to make payment to the Authority of the fee prescribed in the Tenth

Schedule of these regulations for the fourth and any subsequent

replacement of a driver’s tag made within the tag’s validity period.

(6) A driver shall return the tag immediately to the

Authority upon the revocation or the suspension of his driver’s

permit or upon the expiration of the same, and the Authority shall

give due receipt for the tag so returned.

(1) The Authority may at any time require a driver

to submit evidence that he continues to fulfill the requirements of

regulation 18 of these regulations and the driver shall produce any

information and documents requested by the Authority within the

time frame stipulated by the Authority which shall in no case be less

than three working days..

(2) A driver’s permit may be suspended or revoked on the

following grounds

(a) where the holder no longer satisfies the conditions

LN Transport ENGLISH.indd 2101

laid down in regulation 18 of these regulations; or

(b) where the holder has supplied incorrect information

to the Authority; or

(c) where the holder has breached any of the conditions

of the driver’s permit;

(d) where the holder has committed serious infringements

of these regulations.

(3) Such suspension or revocation shall be effected by

the Authority by order of a Court of Criminal Jurisdiction, or by order

of the Board, or by the Court of Appeal in its inferior jurisdiction

which shall make such an order having regard to the seriousness of

the infringement; provided that proceedings before the Board for

the suspension or revocation of a licence can only be initiated upon

an application by the Authority

Provided further that, except where the licence has been

revoked, the licence shall cease to have effect until the suspension

is lifted by the Authority as ordered by the Board or by a Court

of Criminal Jurisdiction, or by the Court of Appeal in its inferior

jurisdiction as the case may be.

PART IV

THE ROAD PASSENGER TRANSPORT REGISTER

(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, Part II, Part III and Part IV.

(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 is

granted, together with other particulars which the Authority may

consider relevant.

(4) In Part III of the register there shall be registered

the name and address of every person to whom a driver’s permit

has been issued, together with other particulars which the Authority

may consider relevant, including

(a) an indication of whether a driver is a self-employed

driver or otherwise, and

(b) the name of the operator, if applicable, in whose

operations he is engaged.

(5) In Part IV of the register there shall be registered

the list of passenger transport vehicles licensed to operate and the

relative operator’s licence under which they can be operated.

(6) The Authority shall permit the register to be

inspected by any person.

No operator shall employ as a driver any person who is

not registered in Part III of the Road Passenger Transport Register.

PART V

PASSENGER TRANSPORT VEHICLES

This part shall apply to all passenger transport vehicles,

provided that it shall not apply to motor route buses, and to cabotage

transport operations.

(1) Only passenger transport vehicles licensed to carry

passengers for hire or reward by the Authority, and included in

the Road Passenger Transport Register may be used to carry out

passenger transport services, provided that passenger transport

vehicles licensed to carry passengers for hire or reward by the

Authority shall be automatically deemed included in the Road

Passenger Transport Register.

(2) Each passenger transport vehicle licensed to carry

passengers for hire or reward by the Authority and included in the

Road Passenger Transport Register shall be issued with a passenger

transport vehicle licence certifying that the public passenger

transport vehicle is authorised to carry passengers for hire or reward

and is included in the Road Passenger Transport Register. Such

passenger transport vehicle licence shall be issued by the Authority,

subject to the payment of the fee stipulated in Part 4 of the Tenth

Schedule, and shall indicate the operator licence under which the

passenger transport vehicle is registered in the Road Passenger

LN Transport ENGLISH.indd 2103

Transport Register, together with the vehicle registration number.

The passenger transport vehicle licence shall be affixed by the

operator on the left hand side of the windscreen of the passenger

transport vehicle in such a position as to be visible from the front.

(3) A passenger transport vehicle registered in the Road

Passenger Transport Register shall only be used in the road transport

operation of the operator under whose licence it is registered unless

otherwise authorised by the Authority, and must be driven by: drivers

who are employees of the operator, drivers who have a contract of

service with the operator, or by the operator himself where he is also

a driver.

(4) The decision of the Authority with respect to an

application for a passenger transport vehicle licence shall be sent

by registered post to the applicant at the address specified in the

application.

(5) Where the Authority refuses an application, it must

specify the reasons for its refusal.

(6) When an application is refused by the Authority,

the applicant shall have the right to appeal from such decision to

the Board in terms of the Act, within thirty days from when such

decision is delivered to him in terms of sub-regulation (4) of this

regulation.

(1) No passenger transport vehicle licence may be

issued with respect to a motor vehicle unless

a) it is registered and licensed in terms of the Motor

Vehicles (Registration and Licensing) Regulations;

b) it complies with Directive 97/27/EC of the European

Parliament and of the Council of 22 July 1997 relating to the

masses and dimensions of certain categories of motor vehicles

and their trailers and amending Directive 70/156/EEC and

Council Directive 70/156/EEC of 6 February 1970 on the

approximation of the laws of the Member States relating to the

type-approval of motor vehicles and their trailers as amended

from time to time;

c) it complies with the relevant requirements of the

Motor Vehicles (EC Type Approval) Regulations, 2002 (L.N.

95 of 2002);

d) it fulfils all the specifications and constructional

requirements laid down in the Motor Vehicles (Weights,

Dimensions and Equipment) Regulations;

e) it is a right-hand-drive passenger transport vehicle

with passenger doors on the left hand side;

f) it has a fully functioning air conditioning system;

g) it’s external bodywork colour is not identical or

similar to the colour assigned by the Authority to motor route

buses.

(2) A passenger transport vehicle which is not new may

be issued with a passenger transport vehicle license only if it

a) complies with sub-regulation (1) of this regulation

with the exception of paragraph (b) and (c) thereof

b) has been manufactured not more than five years

before the date of first application for a passenger transport

vehicle licence in Malta;

c) is already registered for use on the road for hire or

reward in any European Union Member State and has been

issued with a certificate of initial fitness by a competent authority

of the said Member State, and furthermore no modification

was effected thereto after the issue of the said certificate;

d) has passed a Vehicle Roadworthiness Test, within the

previous three months, in accordance with the Motor Vehicles

Roadworthiness Test Regulations, 1998 (L.N. 126 of 1998)

Provided that no tail-lift van may be issued with a

passenger transport vehicle licence in terms of these regulations

unless it is a new motor vehicle.

(3) Vintage buses may be licensed to be used exclusively

on sightseeing passenger transport routes even though they do not

comply with the requirements of paragraph (d) and (f) of sub-

regulation (1) of this regulation and paragraph (b) of sub-regulation

(2) of this regulation.

(4) Passenger transport vehicles included in the

declaration given under paragraph (d) of sub-regulation (1) of

regulation 7, which were licensed for the carriage of passengers for

hire or reward in Malta before the entry into force of these regulations

shall be automatically issued with a passenger transport vehicle

licence under these regulations without the need for the submission

of an application or the payment of an application fee or Entry Fee.

(1) A passenger transport vehicle which is an open top

bus may be issued with a passenger transport vehicle licence only

a) It complies with the requirements of regulation 28 of

these Regulations with the exception of paragraph (f) of sub-

regulation (1) of regulation 28;

b) It has clear caution notices written at least in English,

Maltese, German, Spanish, Italian and French, regarding the

compulsory wearing of seatbelts and lap belts and prohibition

of passengers standing when the open top bus is in operation,

particularly on upper deck, in a place which is clearly visible

to passengers;

c) It has front protection or a windshield that provides

frontal passenger protection, and which must be not less than

125cm in height on the open deck;

d) It has lateral passenger protection which must not be

less than 100cm in height on the open deck;

e) In the case of double deck buses, it has a CCTV or

mirror system that driver’s can use to view the upper deck;

f) In the case of double deck buses, it has an audible

warning system for the purpose of communicating information

to the persons on the upper deck;

g) All its seats are equipped with inertia reel three-point

seat belts or retractable lap belts;

h) It has a label affixed in the entrance area near driver’s

side indicating the maximum seating capacity on each deck.

The Authority shall not issue a passenger transport vehicle

licence unless the application for the same is accompanied by a

declaration made by the applicant stating that the particular vehicle

complies with the requirements stipulated in these regulations for

passenger transport vehicles.

(1) A passenger transport vehicle licence shall be

valid for up to five years and can be transferred to any other person

provided that if such person is an operator and intends to use the

vehicle for his business, the operator shall be obliged to notify the

authority of such transfer within seven days thereof and the authority

shall thereupon amend the register accordingly.

(2) A passenger transport vehicle licence shall not be

renewed beyond twenty eight years from the date of manufacture of

the vehicle, provided that this sub-regulation shall not apply in the

case of vintage buses the licence of which shall be renewed as long

as the particular vintage bus is considered by the Authority to be

road worthy and safe to carry passengers.

Passenger transport vehicles included in the Road

Passenger Transport Register shall have affixed to the back left side-

door window a self adhesive sticker of transparent material issued

by the Authority, which indicates the following information

a) Vehicle registration number

b)

Registered owner

c)

Operators licence number

d)

Passenger Capacity

e) An official contact telephone number to be used in

cases of emergency.

Passenger transport vehicles included in the Road

Passenger Transport Register shall be allotted by the Authority an

alphanumeric registration mark in the form prescribed by the Motor

Vehicles (Registration and Licensing) Regulations, (L.N. 476 of

2004), which identifies it as such.

Every driver shall while on duty, affix to the back of the

driver’s seat or such place as may be determined by the Authority,

the identification certificate issued by the Authority to enable the

hirer to identify the driver and operator and provide him with such

other information as the Authority may prescribe.

LN Transport ENGLISH.indd 2107

(1) A passenger transport vehicle included in the Road

Passenger Transport Register can bear advertisements in the form of

printed film stuck on its exterior

(2) Where any advertisement, lettering or other printed

matter is displayed in contravention of any law and, or any regulation

issued thereunder, or an order of the Authority, the Authority may

suspend the licence of such passenger transport vehicle unless and

until the matter is regularised.

(3) Without prejudice to the above provisions, nothing

shall be permitted to obstruct or otherwise interfere with the view of

the driver or substantially hinder the view of passengers.

(4) The Authority may, at its complete discretion, order

the removal of any advertisement.

(1) Every passenger transport vehicle included in the

Road Passenger Transport Register shall be fit and safe in every

respect for the conveyance of passengers.

(2) If, further to an application by the Authority to the

Board, a passenger transport vehicle included in the Road Passenger

Transport Register is found by the Board to be in a state which is

not fit and safe for the conveyance of passengers, said passenger

transport vehicle shall be removed from the Road Passenger

Transport Register, and its passenger transport vehicle licence shall

be suspended until such state is remedied to the satisfaction of the

Authority.

(1) A passenger transport vehicle which has been

granted a passenger transport vehicle licence shall not be altered in

any form, without prior approval given in writing by the Authority.

(2) A passenger transport vehicle which has been granted

a passenger transport vehicle licence in terms of these regulations

with the exception of those licensed in terms of sub-regulation (3) of

regulation 28 shall continuously comply with the relevant provisions

of regulation 28 and 29 of these regulations.

(3) A passenger transport vehicle may be removed from

the Road Passenger Transport Register, and its passenger transport

vehicle licence withdrawn if sub-regulation (1) or (2) above is

breached in relation to the said vehicle.

(4) Such removal from the Road Passenger Transport

Register and withdrawal of the passenger transport vehicle licence

shall be effected by the Authority by order of a Court of Criminal

Jurisdiction or order of the Board which shall make such an order

having regard to the seriousness of the infringement; provided that

proceedings in front of the Board for such withdrawal can only be

initiated upon an application by the Authority. The decision of the

Board shall be final; provided that an appeal shall lie therefrom on

a point of law.

The Authority shall have the right to conduct roadside

inspections on passenger transport vehicles included in the Road

Passenger Transport Register and/or to call such vehicles for such

inspections, in which case the operator shall comply without delay

with such requests.

PART VI

PASSENGER TRANSPORT SERVICES IN MALTA

This part shall apply to all passenger transport services

carried out in Malta, provided that it shall not apply to public

passenger transport services and motor route buses.

(1) No person may hire a passenger transport vehicle

except from an operator.

(2) The hirer shall not refuse or omit to pay any sum

which is payable for the performance of the passenger transport

service acquired by him, provided that the operator has fulfilled his

obligations under the hire.

Drivers and operators shall not prohibit passengers to

board on a passenger transport vehicle accompanied by an assistance

dog which shall include guide dogs, and hearing dogs.

No passenger transport vehicle shall stand or ply for

hire.

When the passenger transport vehicle is on hire, the air

conditioner shall be set at ambient temperature, unless otherwise

specifically agreed with the hirer.

(1) Objects which may cause inconvenience and/or

may pose a potential danger to passengers, shall only be carried

on passenger transport vehicles in special compartments which are

specifically designed for the purpose of storing bulky objects.

LN Transport ENGLISH.indd 2109

(2) The driver shall ensure that the luggage compartment

of the passenger transport vehicle he is driving is not overloaded

and that such compartment is kept completely closed and securely

locked while the passenger transport vehicle is being driven.

(3) The driver shall ensure that no object is placed in

such area of the passenger transport vehicle as to block the emergency

exit of said vehicle or otherwise impede the use of such emergency

exit.

The driver shall, immediately after the termination of any

hiring, search the passenger transport vehicle and, if any property

which may have been left therein is found, give information thereof

to the Police in no case later than within twenty four hours from

finding such property.

(1) The driver shall, while on duty, wear clean

appropriate clothing.

(2) The authorised inspecting officers shall have the

power to order a driver to stop working if in their opinion, the driver

is not properly dressed.

No driver shall carry in the passenger transport vehicle a

greater number of persons than that fixed in the vehicle registration

certificate.

A driver shall at all times conduct the passenger transport

vehicle under the power of its own motor and shall in no circumstances

resort to free-wheeling along any stretch of road either in the forward

or in the reverse direction, beyond a distance of six metres.

A driver shall drive the passenger transport vehicle in

a prudent manner so as not to create anxiety in passengers or make

the passengers feel, in any way, unsafe.

A passenger transport vehicle may use the inner lane of a

carriageway indicated as a priority vehicle lane when on duty.

No driver shall drive any passenger transport vehicle

whilst wearing or using on both ears earphones or headphones or

any other device which may hinder or is likely to hinder that person

from hearing properly, with the exception of two-way communication

systems and hands-free devices.

(1) A driver shall not hold lengthy discussions while

driving a passenger transport vehicle.

(2) No person shall in any way interfere with, obstruct

or in any other way molest the driver in the exercise of his duties

nor speak to the driver while the passenger transport vehicle is in

motion.

A driver shall not play any audio device while carrying

passengers on a passenger transport vehicle, unless this has been

agreed to with the hirer or transport organizer.

A driver shall in no way be disrespectful towards

passengers.

No person shall be allowed to stand or sit on the step of

the passenger transport vehicle while in motion.

Every operator and driver shall keep the passenger

transport vehicle constantly clean and maintained in good order and

in a good state of repair.

(1) No operator shall permit petrol or other inflammable

liquid or material to be carried in a passenger transport vehicle

except in the fuel tank of the passenger transport vehicle.

(2) No operator shall permit any loaded fire-arms to be

carried on the passenger transport vehicle.

(3) No driver shall permit petrol or other inflammable

liquid or material to be carried in a passenger transport vehicle

except in the fuel tank of the passenger transport vehicle.

(4) No driver shall permit any loaded fire-arms to be

carried on the passenger transport vehicle.

No person shall or shall be allowed to carry in any

passenger transport vehicle any article having an offensive smell.

It is forbidden to replenish the fuel supply of any

passenger transport vehicle when passengers are on board.

(1) No passenger and/or driver may smoke while he is

in a passenger transport vehicle.

(2) Every passenger transport vehicle shall have

LN Transport ENGLISH.indd 2111

affixed, in a place which is clearly visible to the passengers, a

notice stipulating that smoking is not allowed within the passenger

transport vehicle.

Every passenger transport vehicle shall contain

a) Suitable appliances as prescribed by the Authority

for extinguishing fires;

b) Security/warning triangle;

c) Security hammer;

d) First aid kit

Provided that the above shall be cleaned and serviced regularly

and shall be readily available for use, clearly marked, and in good

and efficient working order.

An operator shall ensure that any passenger transport

vehicle used in his operations in terms of his operator’s licence shall

be garaged at all times while not in use

Provided that, passenger transport vehicles not exceeding six

meters in length may be parked on the road for periods of time not

exceeding five hours and the driver of such vehicles shall, when

parking the vehicle set the revolving disc clock indicator of his

parking disc to show as correctly as possible the time of his leaving

the vehicle parked in an occupied space. The parking disc, shall

be displayed on the surface of the dashboard in a clear and visible

position from the outer side the windscreen.

The operator shall keep a log of the following

information

(a) the date and the time of departure and arrival of each

passenger transport vehicle hired from the operating centre;

(b) the name, driver’s permit number of the driver where

the passenger transport vehicle is hired out with a driver;

(c) the name of the person who will be driving the

vehicle where the passenger transport vehicle is hired out

without a driver;

(d)

the name of the hirer and/or transport organizer.

(1) Every passenger transport vehicle shall, while

carrying schoolchildren have affixed on the front and on the rear of

the vehicle the sign indicated in the Eleventh Schedule.

(2) A driver of a passenger transport vehicle carrying

schoolchildren shall ensure that schoolchildren exit the vehicle from

an exit which is not exposed to traffic.

(3) A driver of a passenger transport vehicle transporting

schoolchildren shall operate the vehicle’s hazard warning lights

during all boarding and alighting of schoolchildren.

No driver shall allow any standing passengers on the

passenger transport vehicle while the vehicle is in motion.

A driver shall not allow passengers to board or alight from

the passenger transport vehicle unless that vehicle is at a complete

standstill.

No driver shall, while a passenger transport vehicle is

carrying passengers, exceed the speed limit of 40 km per hour when

driving in a town or village and 60 km per hour when driving outside

a town or village.

Drivers shall ensure that all doors are securely closed

whilst the passenger transport vehicle is in motion.

PART VII

SIGHTSEEING TRANSPORT ROUTES

(1) The Authority may authorise operators, to provide

regular passenger services on sightseeing passenger transport routes

subject to the following conditions

a) Operators shall make available to the public

all information pertaining to fares, schedules, routes,

pick up and drop off points, and any specific restrictions

that would restrict any passenger or passenger category

from using the service. Such information shall also be

available on each passenger transport vehicle operating

on such route;

b) Operators and drivers shall comply with all the

information made publicly available in terms of paragraph

(a) of this regulation;

LN Transport ENGLISH.indd 2113

c) Drivers shall not, while carrying out regular

passenger services, pick up and, or drop off passengers

on any location other than the pick up and drop off points

approved by the Authority along the sightseeing passenger

transport route;

d) Operators shall pay the fee established by the

Authority for the specific route;

e) Comply with any other conditions stipulated by

the Authority.

(2) No operator shall use or permit to be used, any

vintage bus registered under its operating licence for any purpose

other than to service a sightseeing passenger transport route in terms

of this regulation.

(3) No operator shall use or permit to be used, any

open top bus registered under its operating licence, which was

manufactured more than ten years before the entry into force of

these regulations, for any purpose other than to service a sightseeing

passenger transport route in terms of this regulation.

PART VIII

INTERNATIONAL PASSENGER TRANSPORT SERVICES

AND CABOTAGE TRANSPORT OPERATIONS

(1) Regulations 71 to 93 of these regulations, both

inclusive, shall only apply to international passenger transport

services.

(2) Regulations 93 to 101 of these regulations, both

inclusive, shall only apply to cabotage transport operations.

(3) Regulations 102 to 106 of these regulations, both

inclusive shall only apply to international transport services and

cabotage transport operations.

Social Measures

The European Agreement concerning the Work of Crews

of Vehicles engaged in International Road Transport (AETR) shall

apply instead of` regulations 71 to 93 of these regulations, both

inclusive, to international passenger transport services

(a) between Malta and countries that are Contracting

Parties to the AETR, or in transit through such countries, for the

whole of the journey where such operations are carried out by

passenger transport vehicles registered in Malta, a Contracting

Party to the AETR or in one of the said third countries;

(b) between Malta and a country which is not a

Contracting Party to the AETR in the case of any journey made

within Member States, or between Malta and a Member State

where such operations are carried out by passenger transport

vehicles registered in one of those countries.

(1) Any driver engaged in the international carriage of

passengers shall have reached the age of twenty-one years and shall

be authorized to act as a driver in terms of the laws of a Member

(2) Any driver engaged in the international carriage of

passengers must also fulfil one of the following conditions

(a) he must have worked for at least one year

in the carriage of goods as a driver of vehicles with a

permissible maximum weight exceeding 3.5 tonnes;

(b) he must have worked for at least one year as a

driver of vehicles used to provide passenger services on

journeys in Malta, or other types of passenger services

not governed by these regulations, provided the Authority

considers that he has by so doing acquired the necessary

experience;

(c) he must hold a driver’s certificate of

professional competence in Malta or an equivalent

certificate recognised by a Member State confirming that

he has completed a training course for drivers of vehicles

intended for the carriage of passengers by road, which

course is in conformity with the Third Schedule.

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

overtime, for a mobile worker shall not exceed forty-eight hours

Provided that the maximum weekly working time for a mobile

worker may be extended to sixty hours only if, over a period of

seventeen consecutive weeks, an average of forty-eight 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

seventeen weeks to a period not exceeding twenty-six weeks.

(b) Working time for different employers 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 twenty-four 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 this regulation 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 passenger transport vehicle is in

motion shall be a period of availability for that mobile

driver.

(2) (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) A driver must, after no more than six daily

driving periods, take a weekly rest period as defined in

sub-regulation 3 of regulation 75 of these regulations.

(c) The weekly rest period may be postponed until

the end of the twelfth day if the total driving time over the

twelve days does not exceed the maximum corresponding

to twelve daily driving periods.

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

on the territory of the European Union or of a third country, shall not

exceed fifty-six hours and shall not result in the maximum weekly

working time laid down in subregulation (1)(a) of this regulation.

(4) The total period of driving in any period of two

consecutive weeks shall not exceed ninety hours.

(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

not falling within the scope of this Regulation, 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.

(1) (a) Without prejudice to the provisions of

subregulation (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 thirty minutes.

(c) Where the working time of a mobile worker exceeds

nine hours, working time shall be interrupted by a break of at

least forty-five minutes.

(d) Breaks may be subdivided into periods of not less

than fifteen minutes each.

(2) (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) This break may be replaced by a break of at least

fifteen minutes followed by a break of at least thirty minutes,

each distributed over the driving period in such a way as to

comply with the provisions of the preceding paragraph.

(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 subregulation (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

(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 passenger transport vehicle,

as long as the passenger transport vehicle has suitable sleeping

facilities for each driver or mobile worker and the passenger

transport vehicle is stationary.

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

counted in either week, but not in both.

(1) Notwithstanding regulation 75, a driver or any

mobile worker engaged in carriage of passenger who accompanies

a passenger transport 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 passenger transport vehicle, or to return from that location,

when the passenger transport vehicle is neither at the driver’s or

mobile worker’s home nor at the employer’s operating centre where

the driver or 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 transport 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 passenger transport vehicle to reach a suitable

stopping place, the driver may depart from the provisions of

regulations 73 to 75 to the extent necessary to ensure the safety of

persons, of the passenger transport 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.

LN Transport ENGLISH.indd 2119

(1) A carrier 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 carrier shall be liable, unless proved otherwise,

for infringements committed by drivers employed by it, even if the

infringement is committed on the territory of another Member State

or of a third country.

(3)

Carriers shall ensure that -

(a) all data is downloaded from the passenger transport

vehicle’s recording equipment at least every three months and

from the driver card at least every twenty-eight days;

(b) all data downloaded from both the passenger

transport 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 operating

centre of the carrier.

(4) Carriers, tour operators, principal contractors,

subcontractors and driver employment agencies shall ensure

that contractually agreed transport time schedules respect these

regulations.

(1) An employer shall -

(a) notify every driver or any other mobile worker

in his employment of the provisions of regulations 73

to 77 and the provisions of any collective or any other

agreement applicable to the said driver or mobile worker

reached on the basis of these regulations;

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

driver or mobile worker in his employment, including the

time worked by that driver or mobile worker for another

employer, in the latter case on the basis of details provided

by the worker;

(c) provide, at the request of a driver or any other

mobile worker, a copy of the record of hours worked by

that driver or that other mobile worker;

(d) organize drivers’ and other mobile workers’

work in such a way that drivers and other mobile workers

are able to comply with the relevant provisions of these

regulations and any other relevant legislation.

(2) A driver or any other 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 subregulation (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.

Access to the International Market

(1) The Authority shall issue a Community licence in

accordance with the model set out in the Fourth Schedule to any

operator fulfilling the conditions prescribed in Part II of these

regulations and who meets legal requirements on road safety as far

as the standards for drivers and vehicles are concerned and who

intends to carry out international passenger transport services.

(2) In order to carry out international passenger transport

operations using passenger transport vehicles between Malta and

other Member States for hire or reward or on own account, a carrier

shall meet legal requirements on road safety as far as the standards

for drivers and vehicles are concerned and hold a Community licence

issued in terms of these regulations or a Community licence issued

by the competent authority of the Member State of establishment in

accordance with the model set out in the Fourth Schedule.

(3) Each passenger transport vehicle carrying out an

international passenger transport service shall have on board the

Community licence or a copy of the Community licence certified by

the issuing authority or agency.

LN Transport ENGLISH.indd 2121

(1) In the event of serious infringements of these

regulations, the an authorization, issued by another Member State

or in any other country may be temporarily or partially suspended.

Such suspension or revocation shall be effected by the Authority

by order of a Court of Criminal Jurisdiction or by order of the

Board or by order of the Court of Appeal in its inferior jurisdiction

which shall make such an order having regard to the seriousness

of the infringement; provided that the Board shall only order such

suspension or revocation on an application of the Authority. The

decision of the Board shall be final; provided that an appeal shall lie

therefrom on a point of law.

Where an authorization issued by another Member State

or any other country is suspended, the Authority shall by notice in

writing, within seven days, inform the carrier of its decision and the

reasons therefor.

(1) Occasional services shall not require any other

specific authorisation other than a Community licence.

(2) Occasional services may be provided by a group of

carriers acting on behalf of the same contractor, and passengers may

establish a connection en route, with a different carrier engaged by

the same contractor, in the territory of a Member State.

(3) The names of such carriers and the connection points

en route shall be communicated to the Authority upon their arrival in

Malta within forty-eight hours.

(4) Empty journeys by passenger transport vehicles in

connection with the transport operations referred to in subregulations

(1) to (3) shall not require any authorisation.

(5) An operator who holds a Community licence may

carry out local excursions in another Member State and a carrier

established in a Member State other than Malta may carry out such

excursions in Malta. Such services shall be intended for non-resident

passengers previously carried by the same carrier on an international

occasional service and must be carried out with the same passenger

transport vehicle or another passenger transport vehicle from the

same carrier or group of carriers.

(1) Special regular services shall not require any other

specific authorisation other than a Community licence if they are

covered by a contract concluded between the transport organiser

and the carrier.

(2) Any carrier shall be permitted to carry out special

regular services without discrimination as to nationality or place of

establishment if the said carrier

(a) is authorised in the Member State of establishment

to undertake carriage by means of regular services including

special regular services or occasional services by road

passenger transport vehicles;

(b) satisfies the conditions laid down in accordance with

any laws and regulations in Malta or equivalent regulations in

the Member State of establishment governing market access;

(c) satisfies the legal requirements and standards on

road safety for drivers and vehicles.

(3) Any own-account carrier shall be permitted to carry

out international special regular services without discrimination as

to nationality or place of establishment if the said carrier

(a)

is authorized in the country of establishment

to undertake carriage by passenger transport vehicles in

accordance with any laws and regulations in force in Malta or

equivalent regulations in the Member State of establishment

governing market access;

(b) satisfies the legal requirements and standards on

road safety for drivers and vehicles.

(4) Empty journeys by passenger transport vehicles

in connection with the international passenger transport services

referred to in subregulations (1) and (2) shall not require any

authorisation.

(1) Passengers using an international regular service

shall throughout their journey possess transport tickets, either

individual or collective, which indicate

(a) the points of departure and destination and, where

appropriate, the return journey;

(b)

the period of validity of the ticket;

(c)

the price of the transport.

(2) Such transport ticket shall be presented at the request

of any authorised inspecting officer.

International regular services and international special

regular services not covered by a contract between the transport

organiser and the carrier shall require authorisation in accordance

with regulations 86 to 89 of these regulations.

(1) Authorisations shall be issued in the name of the

carrier for a period of validity of five years and shall conform to the

model in the Fifth Schedule.

(2) Authorisations shall entitle the holder(s) to operate

international regular services in the territories of all Member States

over which the routes of the international regular service pass as

well as in Malta.

(3) (a) An operator who has received an authorisation

may, with the consent of the Authority, operate the international

passenger transport service, so authorised, through a sub-

contractor. In this case, the name of the latter undertaking and its

role as sub-contractor shall be indicated in the authorisation.

(b) The sub-contractor mentioned in paragraph

(a) must fulfil the conditions laid down in regulation 79(1).

(c) In the case of carriers associated for the purpose of

operating a regular service, the authorisation shall be issued in

the names of all the carriers.

(4) A carrier operating an international regular service

may use additional passenger transport vehicles to deal with

temporary and exceptional situations. In this case, the carrier must

ensure that the following documents are carried on such additional

passenger transport vehicles

(a)

a copy of the authorisation of the regular service;

(b) a copy of the contract between the carrier operating

the international regular service and the undertaking providing

the additional passenger transport vehicles or an equivalent

document;

(c) a certified true copy of the Community licence issued

to the carrier operating the international regular service.

(1) Applications to the Authority for authorisation of

international regular services starting in Malta shall conform to the

Sixth Schedule.

(2) Authorisations shall be issued in agreement with the

authorities of all the Member States in whose territories passengers

board or disembark.

(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 had not complied with

national or international legislation on road transport, and

in particular the conditions and requirements relating to

authorisations for international passenger transport 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 any carrier 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 thirty days from

when the decision is notified to him, appeal from the decision of the

Authority.

(1) An authorisation for an international regular service

shall lapse at the end of its period of validity or three months after

the Authority has received from its holder notice of his intention to

withdraw the service. Such notice must contain a proper statement

of reasons.

(2) Where demand for an international regular service

has ceased to exist, the period mentioned in subregulation (1) shall

be reduced to one month.

(3) The holder of the authorisation shall notify users of

the service concerned of its withdrawal one month beforehand by

means of publication in the Gazette.

(1) Save in the event of force majeure, the carrier

operating an international regular service shall, until the authorisation

expires, take all measures to guarantee a transport service that fulfils

standards of continuity, regularity and capacity and complies with

the other conditions as laid down by the Authority in accordance

with regulation 83(3).

(2) The carrier shall display the route of the international

regular service, the bus stops, the timetable, the fares and the

conditions of carriage insofar as these are not laid down by law, and

in such a way as to ensure that such information is readily available

to all users.

(1) The services referred to in regulation 82 shall be

covered by a journey form, the requirements of which are set out in

the Seventh Schedule.

(2) A carrier operating international occasional services

shall fill out a journey form before each journey.

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

operators established in Malta.

(1) Own-account transport operations shall be exempt

from any system of authorisation but shall be subject to a system of

certificates.

(2) Such certificates shall be issued by the Authority

when the passenger transport vehicle is registered in Malta and

shall be valid for the entire journey including transit for up to a

maximum of five years. They must conform to the model in the

Eighth Schedule.

(3) The certificate or a certified true copy shall be carried

on board the passenger transport vehicle and shall be presented to an

authorised inspecting officer upon demand.

Carriers requesting a certificate shall provide the Authority

with evidence that the conditions laid down in the definition of ‘’own

account transport operations’’ have been met.

Access to the market in other countries

The Authority shall determine the conditions for

market access relating to countries with which Malta has bilateral

agreements other than Member States and subject to the provisions

of such agreements.

Access to the National Market by Non-Resident Carriers

Established in Member States (“Cabotage’’)

Any carrier for hire or reward who is a holder of a

Community authorisation shall be entitled, under the conditions laid

down in these regulations, to carry out cabotage operations on a

temporary basis in Malta, without having a registered office or other

establishment in Malta.

(1) Cabotage transport operations shall be permitted in

Malta for the following services

(a) special regular services provided that they are

covered by a contract concluded between the transport

organiser and the carrier;

LN Transport ENGLISH.indd 2127

(b)

occasional services.

(2) Cabotage transport operations for regular services

shall not be authorised in Malta.

(1) The performance of the cabotage transport

operations in Malta referred to in regulation 94 shall be subject to

the laws, regulations and administrative provisions in force in Malta

in relation to the following areas

(a) rates and conditions governing the transport

contract;

(b) weights and dimensions of passenger transport

vehicles shall meet the conditions of the relevant regulations

regulating motor vehicles’ weights, dimensions and

equipment;

(c) requirements relating to the carriage of certain

categories of passengers, such as schoolchildren, children and

persons with reduced mobility;

(d)

driving and rest time;

(e)

value added tax on transport services.

The Community licence or a certified true copy thereof

shall be kept on board the passenger transport vehicle and shall be

produced when requested by an authorised inspecting officer.

Cabotage transport operations in the form of occasional

services shall be covered by a control document - the journey form

as contained in the Seventh Schedule - which must be kept on board

the passenger transport vehicle and be produced when requested by

an authorised inspecting officer.

In the case of special regular services, the contract

concluded between the carrier and the transport organiser, or

a certified true copy of the contract, shall serve as the control

document. However, the journey form shall be completed in the

form of a monthly statement.

Journey forms used shall be returned to the Authority in

accordance with procedures it shall establish.

Inspections and Contraventions in relation to

International Passenger Transport Services and Cabotage

Transport Operations

(1) The authorisation or control document shall be

carried on the passenger transport vehicle and shall be presented at

the request of any authorised inspecting officer. In the case of the

special regular services, the contract or a certified true copy of it

shall serve as a control document.

(2) Carriers operating passenger transport services

in international passenger transport shall allow all inspections

intended to ensure that operations are being conducted correctly,

in particular as regards driving and rest periods. In order to ensure

compliance with these regulations, authorised inspecting officers

shall be empowered to

(a) check the books and other documentation relating

to the operation of the transport undertaking;

(b) make copies of, or take extracts from, the books and

documentation on the premises;

(c) have access to all the transport undertaking’s

premises, sites and vehicles;

(d) require the production of any information contained

in books, documentation or databases.

(1) The Authority shall check on the compliance of the

carrier carrying out international road passenger transport services

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 passenger transport 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.

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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 passenger transport

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 passenger transport 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 passenger transport vehicle as recorded by the recording

equipment in no more than the previous twenty-four hours’ use

of the passenger transport 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 the passenger transport

vehicles.

For the purposes laid down in these regulations, checks

carried out on the basis of relevant documents handed over by

carriers at the request of the Authority, shall have the same status as

checks carried out at the operating centre.

Where a falsified Community licence, falsified

authorisation or falsified certified true copy thereof is produced, the

falsified document shall be withdrawn immediately and without the

need of recourse to the Board, and where appropriate, forwarded as

soon as possible to the competent authority of the carrier’s Member

State of establishment.

Where an offence has been committed in breach of

regulations 72 to 78 of these regulations, both inclusive, which is of a

kind that is clearly liable to endanger safety, an Enforcement Officer

may clamp the passenger transport vehicle in or by which such

breach was committed until such time as the cause of infringement

has been rectified.

PART IX

OFFENCES AND PENALTIES

(1) Any person who commits a breach of

(i) Sub-regulation (1) of regulation 5

(ii) Sub-regulation (5) of regulation 6

(iii) Sub-regulation (6) of regulation 6

(iv) Regulation 17

(v) Sub-regulation 6 of regulation 22

(vi) Sub-regulation (1) of regulation 27

(vii) Regulation 37

of these regulations shall be guilty of a crime and shall, on

conviction, be liable to imprisonment for a period of not more than

six months or to a fine (multa) not exceeding twelve thousand Euro

(€12,000), or to both such fine and imprisonment. Furthermore, the

Court shall order the immediate revocation of any licence and, or

permit held in terms of these regulations by the person found guilty

of such crime.

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

for himself or another, the grant or renewal of any licence or permit

in terms of these regulations, makes a declaration required by these

regulations which he knows to be false, shall be guilty of a crime

and shall, on conviction, be liable to imprisonment for a period of

not more than six months or to a fine (multa) not exceeding twelve

thousand Euro (€12,000), or to both such fine and imprisonment.

Furthermore, the Court shall order the immediate revocation of the

licence in relation to which the false declaration was made as well

as any other licence and/or permit held in terms of these regulations

by the person found guilty of such crime.

(3) A person who commits a breach of any regulation

not stipulated in sub-regulation (1) of this regulation on conviction,

be liable to a fine not exceeding three thousand Euros (€3,000).

Furthermore, the court shall order the Authority to impose on such

person one penalty point for every ten Euro (€10) or part thereof

imposed on such person by way of a fine in terms of this sub-

regulation.

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(4) When a person is found guilty of contravening

any of the provisions of the Traffic Regulation Ordinance or any

regulations made thereunder, and/or the Malta Transport Authority

Act or any regulations made thereunder, the Court, Local Tribunal or

other adjudicating authority shall notify the Authority of such fact,

and the Authority shall impose on such person one penalty point for

every ten Euro (€10) or part thereof imposed on such person by

way of a fine in terms of this sub-regulation.

(5) In the event of any infringement by a carrier of any

provision included in regulations 102 to 106, the Authority shall

furthermore have the power to issue warnings to such carrier. In

the event of serious or repeated infringements, the Board on the

application of the Authority and/or a Court of Criminal Jurisdiction

may furthermore impose on such carrier a temporary prohibition

from carrying out cabotage transport operations within Malta. Any

penalty may also extend to withdrawal of authorisation to pursue the

profession of road passenger transport operator.

(6) Whosoever shall hinder or obstruct any Enforcement

Officer or any other official appointed by the Authority under these

regulations in the exercise of his powers or duties, or unduly or in

any manner whatsoever interfere in the exercise thereof, or refuse

to comply with any orders or directives which such Enforcement

Officer or official may give in the execution of his powers or duties,

shall, on conviction, be liable, and without prejudice to any other

law, to a fine (multa) of not less than one hundred and twenty euro

(€120) and not exceeding two hundred and fifty euro (€250) for

a first conviction, and to a fine (multa) of not less than two hundred

and fifty euro (€250) and not exceeding one thousand and two

hundred euro (€1,200) for each subsequent conviction.

(1) The Authority shall have the discretionary power

to impose the administrative penalties prescribed in column 2 of the

Ninth Schedule of these regulations and the corresponding penalty

points calculated in terms of sub-regulation (4) of this regulation

on any operator who contravenes the provisions of the regulations

listed in the column 1 of the Ninth Schedule.

(2) The Authority shall have the discretionary power to

impose the administrative penalties prescribed in column 3 of the

Ninth Schedule of these regulations and the corresponding penalty

points calculated in terms of sub-regulation (4) of this regulation

on any driver who contravenes the provisions of these regulations

included in column 1 of the Ninth Schedule.

(3) Where a license holder or a permit holder contravenes

the same provision of these regulations on five different occasions

within a period of twelve consecutive months, the Authority shall

impose upon such licensee, in addition to the administrative penalties

prescribed in the Ninth Schedule of these regulations and the

corresponding penalty points calculated in terms of sub-regulation

(4) of this regulation, an additional twenty penalty points.

(4) The Authority shall impose one penalty point for

every ten Euro (€10) or part thereof imposed on a person by way

of an administrative penalty in terms of this sub-regulation.

(5) Penalty points and administrative penalties shall be

imposed by the Authority without recourse to a court hearing and may

be imposed either as a one time penalty or on a daily cumulative basis

until compliance, provided that in the latter case the accumulated

penalty shall not exceed ten thousand Euros (€10,000).

(6) The Authority shall not impose administrative

penalties on a person for a breach of these regulations in the event

that proceedings have already been instituted against such person

with respect to the said breach.

(7) Where an offence has been committed in breach

of regulations 72 to 78 of these regulations, both inclusive, the

Authority shall impose an administrative penalty in terms of these

regulations and request the driver to pay a deposit equal to such

administrative penalty. The Authority shall order the Enforcement

Officer to clamp the passenger transport vehicle by or in which such

breach was committed until such deposit has been settled in full;

provided that an official receipt shall be given by the Authority to

the driver evidencing payment of such deposit. The deposit shall

be refunded in the event that an appeal is lodged by the person on

whom it is imposed and the Board revokes the administrative penalty

imposed upon such person. Where no appeal is lodged within the

time stipulated in these regulations or an appeal is lodged and the

Board confirms the administrative penalty, the deposit shall be set-

off by the Authority against such administrative penalty.

(8) Where a breach of these regulations is committed

by an operator who is a natural person, the Authority shall hold

the designated person liable in solidum with the operator for the

payment of any administrative penalty, unless the designated person

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proves that the offence was committed without his knowledge and

that he exercised all due diligence to prevent the commission of

such breach.

(9) Where a breach of these regulations is committed

by a partnership, company or other legal person, be it corporate or

unincorporate, the Authority shall hold every person who at the time

of the commission of the breach was a designated person, director,

partner or other similar officer, or was purporting to act in any such

capacity, or was a person having a power of representation or having

an authority to take decisions on behalf of or having authority to

exercise control within that partnership, company or other legal

person, liable in solidum with the operator for the payment of any

administrative penalty imposed on the operator unless such person

proves that the breach was committed without his knowledge and

that he exercised all due diligence to prevent the commission of

such breach.

Notwithstanding the provisions of sub-regulation

(3) of regulation 107 and sub-regulation (4) of regulation

108 of these regulations, where a person contravenes the same

provision of these regulations more than once within a period of

six (6) consecutive months, there shall be imposed upon him two

penalty points for every €10 imposed upon him by order of the court

in terms of regulation 107 or the Authority in terms of regulation

108, as the case may be.

(1) A person aggrieved by the decision of the Authority

to impose administrative penalties and the corresponding penalty

points may within thirty days from the date when such decision is

communicated to him, lodge an appeal therefrom with the Board in

terms of Sub-Article 31(1) of the Act.

(2) The Board may, confirm, revoke or alter the

administrative penalty and the corresponding penalty points imposed

by the Authority. The administrative penalty, if any, as confirmed

or modified by the Board, or by the Court of Appeal in its inferior

jurisdiction, in the case that an appeal on a point of law is lodged in

terms of the Act, shall be recoverable by the Authority as a civil debt

and the decision of the Board or the Court of Appeal in its inferior

jurisdiction, as the case may be, shall constitute an executive title

for all intents and purposes of the Code of Organization and Civil

Procedure.

(3)

If upon the renewal of any licence and/or permit

granted in terms of these regulations, the person in whose name

such licence and/or permit is granted owes the Authority a civil debt

in terms of sub-regulation (2) of this regulation, such licence and/

or permit will not be renewed unless and until such debt is settled

in full.

(4) If at the moment that a check on compliance is carried

out by the Authority in terms of sub-regulation (4) of regulation

5 of these regulation, a civil debt in terms of sub-regulation (2) of

this regulation is due by the operator to the Authority, the relative

licence shall be suspended without the need of recourse to the Board

until such debt is settled in full.

(1) In the event that the Authority imposes an

administrative penalty in terms of regulation 108 of these regulations,

and the person on whom such penalty is imposed, pays such penalty

to the Authority within thirty days from the date of receipt of

intimation to pay, no criminal proceedings may be instituted against

such person in relation to the relative breach.

(2) No criminal proceedings for the prosecution of

a breach of these regulations shall be instituted while an appeal

therefrom is pending in front of the Board.

(1) An operator’s licence shall be withdrawn by the

Authority, without the need of recourse to the Board, if at any time,

its holder accumulates an aggregate of five hundred (500) penalty

points in terms of these regulations and/or the Light Passenger

Transport Services and Taxi Services Regulations.

(2) A driver’s permit shall be withdrawn by the

Authority, without the need of recourse to the Board, if at any time,

its holder accumulates an aggregate of one hundred (100) penalty

points in terms of these regulations and/or the Light Passenger

Transport Services and Taxi Services Regulations.

(3) In the event that the limits referred to in sub-

regulations (1) and (2) of this regulation are attained and/or exceeded,

but the imposition of a number penalty points is being appealed or

may be appealed in terms of these regulations, the licence and/or

permit shall be suspended pending the outcome of such appeal.

(4) Where, in a period of thirty-six consecutive months,

an operator or a driver incurs less than 16 penalty points, the Authority

LN Transport ENGLISH.indd 2135

shall, on the lapse of such period, cancel all penalty points imposed

upon him in terms of these regulations, and notify the operator or

driver accordingly.

Where criminal proceedings have been instituted against

an operator or a driver, following the conclusion of an inquiry

made by the Court of Magistrates as a Court of Criminal Inquiry,

the licence and/or permit of such person shall be suspended until a

definitive judgment is delivered in such proceedings

Provided that where the operator and/or driver is found guilty

of the offence he is charged with the Court shall order that the licence

and/or permit of such operator and/or driver, shall be withdrawn by

the Authority.

Any person whose licence and/or permit has been

withdrawn in terms of these regulations and/or any other regulations

issued in terms of the Traffic Regulation Ordinance and the Malta

Transport Authority Act may not apply for a new licence and/

or permit before the lapse of a period of two years from such

withdrawal, and the Authority shall not consider any application

made in contravention of this regulation.

PART X

GENERAL AND TRANSITORY PROVISIONS

Persons who on the date of the coming into force of these

regulations hold a public service garage licence issued in terms of

the Motor Vehicles Regulations, shall have nine months from the

coming into force of these regulations within which to convert their

public service garage licence into an operator’s licence in terms of

these regulations provided that they shall apply to the Authority for

such conversion within six months from the coming into force of

these regulations. Such conversion shall be effected by the Authority

upon presentation of proof by such person of compliance with the

requisites of Part II of these regulations.

(1) Operators operating passenger transport vehicles

licensed in terms of sub-regulation (3) of regulation 28 of these

regulations shall have twenty four months from the entry into force

of these regulations to make such vehicles compliant with paragraph

(f) of sub-regulation 1 of regulation 28.

(2) Notwithstanding the provisions of sub-regulation

2(b) of regulation 28, a coach which is not new shall be issued with

a passenger transport vehicle licence if it has been manufactured not

more than ten years before the date of application for a passenger

transport vehicle license in Malta provided that

(a) it complies with all the other conditions imposed by

these regulations and any other applicable legislation in force

in Malta;

(b) the application for the passenger transport vehicle

licence is submitted to the Authority by not later than the 31st

December 2014;

(c) the application is submitted by a person who holds

an Operator’s licence in terms of regulation 5 of the Motor

Vehicles (Carriage of Passengers by Road) Regulations, 2003

(L.N. 160 of 2003);

(d) the applicant submits, together with an application

for one passenger transport vehicle licence in terms of this

regulation, an application to the Authority in order to de-register

at least one passenger transport vehicle, which is licensed for

the carriage of passengers for hire or reward in Malta before

the entry into force of these regulations.

Provided that such coach shall only be used in the road

passenger transport operation of the Operator who has applied for

its passenger transport vehicle licence.

(3) Sub-regulation (2) of this regulation shall not

apply if the passenger transport vehicle to be de-registered in

terms of paragraph (d) thereof was at any time used as a motor

route bus on the island of Malta, or is an open top bus which was

manufactured more than ten years prior to the entry into force of

these regulations.

(1) For a period of six years from the coming into force

of these regulations, the application fee for a passenger transport

vehicle licence referred to in regulation 27 of these regulations shall

be made up of two parts being the application fee and the Entry Fee,

where this is applicable, as stipulated in Part 4 of the Tenth Schedule

of these regulations.

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(2) At the end of the period above-mentioned, the Entry

Fee will no longer be applicable, provided that, the Authority will, six

months prior to the end of the six year period referred to in this sub-

regulation hold consultations with representatives of the operators

in order to be in a position to analyse the potential repercussions of

the removal of the Entry Fee.

(3) If an applicant together with the application for a

passenger transport vehicle licence submits an application to the

Authority for the de-registration of an existing passenger transport

vehicle which is licensed for the carriage of passengers for hire or

reward in Malta before the entry into force of these regulations, the

Entry Fee due for such passenger transport vehicle licence shall

be reduced by the Entry Fee which would be applicable to the de-

registered passenger transport vehicle if it were to be licensed.

(4) Sub-regulation (3) of this regulation shall not apply

if the passenger transport vehicle to be de-registered was at any time

used as a motor route bus on the island of Malta, or is an open top

bus which was manufactured more than ten years prior to the entry

into force of these regulations.

Sub-regulation (2) of regulation 31 shall apply to M2

and M3 vehicles that are licensed as passenger transport vehicles

on the coming into force of these Regulations only as from the 1st

January 2015.

Passenger transport vehicles licensed for the carriage of

passengers for hire or reward in Malta before the entry into force of

these regulations, shall have three months from the entry into force

of these regulations to comply with Regulation 34.

For the purposes of regulation 44(3), a barrier installed

under the instructions of the Authority on a public service garage

van shall not, for a period of three years from the entry into force

of these regulations, be considered as an object which blocks the

emergency exit of such vehicle.

Provided that for the purposes of this regulations a public service

garage van shall mean a passenger transport vehicle, which at the

time of entry into force of these regulations was registered as such in

terms of the Motor Vehicles Regulations, 1994 (L.N. 128 of 1994).