Regulations, 2009

L. N. 319 of 2009

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Passenger Transport Services (Amendment)

Regulations, 2009

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

Regulation Ordinance and by 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 (Amendment) Regulations, 2009 and they shall be read and

construed as one with the Passenger Transport Services Regulations,

2009 hereinafter referred to as “the principal regulations”.

(2) Regulation 15 of these regulations shall come into

force on the 1st February 2010.

Regulation 2 of the principal regulations shall be amended

as follows

(a) the definition “the Board” shall be deleted and for the

word “Board” wherever it appears in the principal regulations

there shall be substituted the word “Tribunal”

Provided that this provision shall come into force on the

date of the coming into force of the Authority for Transport in

Malta Act;

(b) for the definition “tail-lift van” there shall be

substituted the following

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

which, before first registration for use on the road was

permanently fitted with a mechanical device which is

designed to facilitate the boarding of wheelchair-bound

passengers;”;

(c) immediately after the definition “tail-lift van”

there shall be added the following new definition

“ “tracking device” means a device which monitors

and transmits, in real time or otherwise, the geographical

position and the functioning or operation, including the

speed, of a passenger transport vehicle and the registration

number of such vehicle;”; and

(d) immediately after the new definition “tracking

device” there shall be added the following new definition

“ “Tribunal” means the Administrative Review

Tribunal established by article 5 of the Administrative

Justice Act;”

Provided that this definition shall come into force on the

date of coming into force of the Authority for Transport in

Malta Act.”.

In sub-regulation (2) of regulation 3 of the principal

regulations for the words “Malta Transport Authority Act” there

shall be substituted the word “Act”.

Regulation 8 of the principal regulations shall be amended

as follows

(a) for sub-regulation (4) thereof, there shall be

substituted the following

“(4) Where the Authority intends to refuse an

application, it shall give the applicant concerned notice

in writing setting out the reasons for its intention to do

so. Every notice of refusal shall state that the applicant

has a right to make representations in writing, within ten

days, to the Authority giving reasons why the application

should not be refused and the Authority shall consider

any representations so made before arriving at a final

decision. The Authority shall notify in writing its final

decision to the applicant concerned.”; and

(b) for sub-regulation (5) thereof, there shall be

substituted the following

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

the applicant may appeal to the Board against such decision

within a period of thirty days from its notification.”.

Regulation 9 of the principal regulations shall be amended

as follows

(a) in paragraph (b) thereof, for the words “five hundred

Euro (€500.00)” there shall be substituted the words “four

thousand Euro (€4,000)”;

(b) for paragraph (c) thereof, there shall be substituted

the following

“(c) has been sentenced, in the last five years, to

imprisonment, for whatever term, or to a fine or fines

which in the aggregate amount to at least one thousand

Euro (€1,000), for committing a crime in terms of the

Traffic Regulation Ordinance or any regulation made

thereunder or the Act or any regulation made thereunder;

or”;

(c) in sub-paragraph (iii) of paragraph (d) thereof, for

the words “liability; or” there shall be substituted the words

“liability:” and immediately thereafter there shall be added the

following

“Provided that a person shall only be considered to have

been convicted of a serious or repeated offence if

(a) he has been sentenced in the last five years to

a fine or fines which in the aggregate amount to at least

four thousand Euro (€4,000); or

(b) he has been convicted in the last five years of

committing a breach of the same provision of the law on

at least five different occasions;”; and

(d) for the proviso to paragraph (e) thereof, there

shall be substituted the following

“Provided that where the applicant was less than eighteen

years of age at the time of the commission of the offence

referred to in paragraphs (b) and (c), the periods referred to

shall be respectively two years and one year

Provided further that, the term “conviction” and the term

“sentence” shall include a sentence delivered by the court in

terms of article 28A of the Criminal Code whether or not such Cap. 9.

sentence has taken effect, but shall not include a probation order

issued in terms of article 7 of the Probation Act or article 5 of Cap. 446.

the Probation of Offenders Act and which has been complied Cap. 152.

with by the probationer or an absolute or conditional discharge

issued under article 22 of the Probation Act or article 9 of the

Probation of Offenders Act which has been complied with.”.

For sub-regulation (3) of regulation 14 of the principal Amends

regulations there shall be substituted the following

“(3) Such suspension or revocation shall be

effected by the Authority of its own motion or by order of

a court of criminal jurisdiction

Provided that where the Authority intends to suspend or

revoke an operator’s licence of its own motion, it shall give

the operator concerned notice in writing setting out the reasons

for its intention to do so. Every notice given shall state that the

operator concerned may, within ten days from service thereof,

make representations in writing to the Authority giving reasons

why the operator’s licence should not be suspended or revoked

and the Authority shall consider any representations so made

before arriving at a final decision. The Authority shall notify

in writing its final decision to the operator concerned. The

operator concerned shall have the right to appeal to the Board

against the decision of the Authority to suspend or revoke the

operator’s licence within thirty days from notification of the

Authority’s decision

Provided further that the suspension of the licence shall

have immediate effect notwithstanding any appeal therefrom,

unless otherwise ordered by the Board or by a court of criminal

jurisdiction

Provided further that a decision of the Authority to

revoke an operator’s licence shall not become operative until

the expiration of the period within which an appeal may be

made under this regulation and, if an appeal is made within

such period, the decision shall become operative on the date of

the decision of the Board dismissing the appeal or the date on

which the appeal is abandoned.”.

Regulation 19 of the principal regulations shall be amended

as follows

(a) in paragraph (b) thereof, for the words “five hundred

Euro (€500.00)” there shall be substituted the words “four

thousand Euro (€4,000)”;

(b) for paragraph (c) thereof, there shall be substituted

the following

“(c) has been sentenced, in the last five years, to

imprisonment, for whatever term, or to a fine or fines

which in the aggregate amount to at least one thousand

Euro (€1,000), for committing a crime in terms of the

Traffic Regulation Ordinance or any regulation made

thereunder or the Act or any regulation made thereunder;

or”; and

(c) for the proviso to paragraph (d) thereof there shall

be substituted the following

“Provided that where the applicant was less than eighteen

years of age at the time of the commission of the offence

referred to in paragraphs (b) and (c) the periods referred to

shall be respectively two years and one year

Provided further that, the term “conviction” and the

term “sentence” shall include a sentence passed by the court in

terms of article 28A of the Criminal Code whether or not such

sentence has taken effect, but shall not include a probation order

issued in terms of article 7 of the Probation Act or article 5 of

the Probation of Offenders Act and which has been complied

with by the probationer or an absolute or conditional discharge

issued under article 22 of the Probation Act or article 9 of the

Probation of Offenders Act which has been complied with.”.

Regulation 21 of the principal regulations shall be amended

as follows

(a) for sub-regulation (3) thereof, there shall be

substituted the following

“(3) Where the Authority intends to refuse an

application, it shall give the applicant concerned notice

in writing setting out the reasons for its intention to do

so. Every notice of refusal shall state that the applicant

has a right to make representations in writing, within ten

days, to the Authority giving reasons why the application

should not be refused and the Authority shall consider

any representations so made before arriving at a final

decision. The Authority shall notify in writing its final

decision to the applicant concerned.”; and

(b) for sub-regulation (4) thereof, there shall be

substituted the following

“(4) When an application is refused by the

Authority, the applicant may appeal to the Board against

such decision within thirty days from its notification.”.

For sub-regulation (3) of regulation 23 of the principal

regulations there shall be substituted the following

“(3) Such suspension or revocation shall be effected

by the Authority on its own motion or by order of a court

of criminal jurisdiction

Provided that where the Authority intends to suspend or

revoke a driver’s permit of its own motion, it shall give the

driver concerned notice in writing setting out the reasons for

its intention to do so. Every notice given shall state that the

driver concerned may, within ten days from service thereof,

make representations in writing to the Authority giving reasons

why the driver’s permit should not be suspended or revoked

and the Authority shall consider any representations so made

before arriving at a final decision. The Authority shall notify

in writing its final decision to the driver concerned. The driver

concerned shall have the right to appeal to the Board against

the decision of the Authority to suspend or revoke the driver’s

permit within thirty days from notification of the Authority’s

decision

Provided further that the suspension of the licence shall

have immediate effect notwithstanding any appeal therefrom,

unless otherwise ordered by the Board or by a court of criminal

jurisdiction

Provided further that, a decision of the Authority to

revoke a driver’s permit shall not become operative until the

expiration of the period within which an appeal may be made

under this regulation and, if an appeal is made within such

period, the decision shall become operative on the date of the

decision of the Board dismissing the appeal or the date on

which the appeal is abandoned.”.

Regulation 27 of the principal regulations shall be

amended as follows

(a) for sub-regulation (3) thereof, there shall be

substituted the following

“(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

Provided that the use of such a passenger transport

vehicle for the purpose of taking an urgent action which may

be necessary in order to prevent or mitigate the harm or injury

caused by an emergency situation which poses an immediate

risk to the health or life of a person or persons shall not be

considered a breach of this provision.”;

(b) sub-regulations (4), (5) and (6) shall be renumbered

respectively as sub-regulations (5), (6) and (7);

(c) immediately after sub-regulation (3) thereof, there

shall be inserted the following new sub-regulation (4)

“(4) A passenger transport vehicle shall only be

driven by a driver who is employed by or has a contract

of service with the operator under whose licence it is

registered or by the operator himself where he is also a

driver unless otherwise authorised by the Authority.”;

(d) for sub-regulation (6), as renumbered, there shall be

substituted the following

“(6) Where the Authority intends to refuse an

application, it shall give the applicant concerned notice

in writing setting out the reasons for its intention to do

so. Every notice of refusal shall state that the operator

has a right to make representations in writing, within ten

days, to the Authority giving reasons why the application

should not be refused and the Authority shall consider

any representations so made before arriving at a final

decision. The Authority shall notify in writing its final

decision to the applicant concerned.”; and

(e) for sub-regulation (7), as renumbered, there shall be

substituted the following

“(7) When an application is refused by the

Authority, the applicant may appeal to the Board against

such decision within thirty days from its notification.”.

Sub-regulation (1) of regulation 28 of the principal

regulations shall be amended as follows

(a) for paragraph (b) thereof, there shall be substituted

the following

“(b) it complies with Directive 2007/46/EC of the

European Parliament and of the Council of 5 September

2007 establishing a framework for the approval of motor

vehicles and their trailers, and of systems, components

and separate technical units intended for such vehicles;”

(b) for paragraph c) thereof, there shall be substituted

the following

“(c) it complies with the relevant requirements

of the EC Type-Approval of Motor Vehicles and their

Trailers Regulations, 2009;”; and

(c) in paragraph g) thereof, for the words “route buses.”

there shall be substituted the words “route buses:” and the

following proviso shall be added immediately at the end of the

sub-regulation

“Provided that paragraphs b) and c) of this sub-regulation

shall not apply to those passenger transport vehicles

(i) which were imported into Malta or

ordered for importation into Malta prior to the 19th

May, 2009; and

(ii) which are registered for use on the road

in Malta before the 15th November, 2010, but only

if the Authority is notified of the importation of

such passenger transport vehicles into Malta by not

later than the 15th November, 2009 and proof of

compliance with paragraph (i) hereof is submitted

to the Authority together with such notification.”.

In sub-regulation (2) of regulation 31 of the principal

regulations, for the the words “date of manufacture” there shall be

substituted the words “year of manufacture”.

For sub-regulation (2) of regulation 36 of the principal

regulations there shall be substituted the following

“ (2) If a passenger transport vehicle which is

included in the Road Passenger Transport Register is

found by the Authority to be in a state which is not fit

and safe for the conveyance of passengers, its passenger

transport vehicle licence shall be suspended until such

state is remedied to the satisfaction of the Authority.”.

For sub-regulation (4) of regulation 37 of the principal

regulations there shall be substituted the following

“(4) Such removal from the Road Passenger

Transport Register and withdrawal of the passenger

transport vehicle licence shall be effected by the Authority

of its own motion or by order of a court of criminal

jurisdiction

Provided that where the Authority withdraws the licence

of its own motion, it shall give the operator concerned notice in

writing setting out the reasons for its intention to do so. Every

notice given shall state that the operator concerned may, within

ten days from service thereof, make representations in writing

to the Authority giving reasons why the licence should not be

withdrawn and the Authority shall consider any representations

so made before arriving at a final decision. The Authority shall

notify in writing its final decision to the operator concerned.

The operator concerned shall have the right to appeal to the

Board against the decision of the Authority to suspend or

revoke the passenger transport vehicle licence within thirty

days from notification of the Authority’s decision

Provided further that, a decision of the Authority to

withdraw a passenger transport vehicle licence shall not become

operative until the expiration of the period within which an

appeal may be made under this regulation and, if an appeal is

made within such period, the decision shall become operative

on the date of the decision of the Board dismissing the appeal

or the date on which the appeal is abandoned.”.

For regulation 62 of the principal regulations there shall

be substituted the following

“62. An operator shall ensure that any passenger

transport vehicle used in his operations in terms of his

operator’s licence shall at all times while not in use, be

(i) garaged; or

(ii) parked off-street; or

(iii) parked in an appropriate area which is

not within five meters from any side of a building,

whether inhabited or otherwise or any other structure

of historical or cultural value.”.

Immediately after sub-regulation (3) of regulation 69 of

the principal regulations, there shall be inserted the following new

sub-regulations

“(4) Passenger transport vehicles authorised to

service a sightseeing passenger transport route in terms

of this regulation shall be fitted with a tracking device

in accordance with the specifications published by the

Authority from time to time. The tracking device shall,

upon being fitted on the passenger transport vehicle, be

inspected by the Authority or a body approved by the

Authority, to ensure that it conforms to the specifications

published by it. Upon establishing such conformity, an

official seal shall be placed on such tracking device by

the Authority or a body approved by the Authority, and

the operator shall ensure that such seal is not tampered

with or broken at any time without the approval of the

Authority.

(5) The operator shall ensure that the tracking

device installed in each of the passenger transport

vehicles operated by him in terms of this regulation is

kept in good working condition at all times, that it is not

tampered with and that any faults or breakdowns shall be

reported immediately to the Authority. When the tracking

device installed is in any way defective or tampered with,

the operator shall immediately withdraw the passenger

transport vehicle from servicing a sightseeing passenger

transport route until the tracking device is repaired or

replaced.

(6) The driver shall keep the tracking device

switched on at all times while on duty, and shall cause the

same to record all such information as may be prescribed

by the Authority. This information shall be retained by

the Operator for a period of three months from when

it is recorded. The Operator shall, upon the request of

the Authority, submit to the Authority the information

recorded by the tracking device in any reasonable form

as the Authority may request.

(7) The information recorded by the tracking device

shall be admissible as evidence and shall constitute proof

of its contents as to the circumstances of date, time and

place in which the information was recorded in any

proceedings for any breach of these regulations.

(8) The information recorded by the tracking device

may be used by the Authority as evidence and shall

constitute proof of its contents as to the circumstances

of date, time and place in which the information was

recorded for the purpose of imposing administrative

penalties.”.

For regulation 80 of the principal regulations there shall

be substituted the following

“80. In the event of serious infringements of these

regulations, an authorisation, issued by another Member

State or in any other country may be temporarily or

partially suspended. Such suspension shall be effected by

the Authority of its own motion or by order of a court of

criminal jurisdiction which shall make such an order having

regard to the seriousness of the infringement; provided

that where the Authority suspends an authorisation of

its own motion, it shall give the operator concerned

notice in writing setting out the reasons for its intention

to do so. Every notice given shall state that the operator

concerned may, within ten days from service thereof,

make representations in writing to the Authority giving

reasons why the authorisation should not be suspended

and the Authority shall consider any representations so

made before arriving at a final decision. The Authority

shall notify in writing its final decision to the operator

concerned. The operator concerned shall have the right

to appeal to the Board against such decision within thirty

days from its notification.”.

For sub-regulation (5) of regulation 87 of the principal Amends regulation

regulations there shall be substituted the following

“(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 intention to do so. Every notice of refusal shall state

that the operator has a right to make representations in

writing, within ten days, to the Authority giving reasons

why the application shall not be refused and the Authority

shall consider any representations so made before arriving

at a final decision. The Authority shall notify in writing

its final decision to the applicant concerned. When an

application is refused by the Authority, the applicant may

appeal to the Board within thirty days from notification of

the Authority’s decision.”.

Regulation 107 of the principal regulations shall be Amends

amended as follows

(a) paragraph (vii) of sub regulation (1) thereof shall be

deleted; and

(b) in sub-regulation (4) thereof, for the words “Malta

Transport Authority Act” there shall be substituted the word

“Act”;

(c) for sub-regulation (5) thereof there shall be

substituted the following

“(5) In the event of any infringement by a carrier of

any provision in regulations 72 to 78, the Authority shall

furthermore have the power to issue warnings to such

carrier. In the event of serious or repeated infringements,

the Authority, of its own motion or on the order of a

Court of Criminal Jurisdiction may furthermore impose

on such carrier a temporary prohibition from carrying out

transport operations within Malta. Any penalty may also

extend to the withdrawal of authorisation to pursue the

profession of road passenger transport operator.

Provided that where the Authority imposes the temporary

prohibition referred to above of its own motion, it shall give

the operator concerned notice in writing setting out the reasons

for its intention to do so. Every notice given shall state that the

operator concerned may, within ten days from service thereof,

make representations in writing to the Authority giving reasons

why such a prohibition should not be imposed and the Authority

shall consider any representations so made before arriving at

a final decision. The Authority shall notify in writing its final

decision to the operator concerned. The operator concerned

shall have the right to appeal to the Board against the decision

of the Authority within a period of thirty days from notification

of the Authority’s decision

Provided further that, the decision of the Authority

to prohibit the carrier from carrying out transport services

in Malta shall not become operative until the expiration of

the period within which an appeal may be made under this

regulation and, if an appeal is made within such period, the

decision shall become operative on the date of the decision

of the Board dismissing the appeal or the date on which the

appeal is abandoned.”.

Immediately after sub-regulation (9) of regulation 108 of

the principal regulations there shall be inserted the following new

sub-regulation

“(10) The Authority shall, before imposing an

administrative penalty in terms of these regulations,

by notice in writing inform the person on whom the

penalty is to be imposed, of its intention to do so. Such

notice shall state that the person concerned has a right to

make representations in writing, within ten days, to the

Authority giving reasons why the administrative penalty

should not be imposed and the Authority shall consider

any representations so made before arriving at a final

decision. The Authority shall notify in writing its final

decision to the applicant concerned.”.

Regulation 110 of the principal regulations shall be Amends regulation

amended as follows

(a) in sub-regulation (1) thereof, the words “in terms of

Sub-Article 31(1) of the Act” shall be deleted; and

(b) in sub-regulation (2) thereof, the words “on a point of

law” shall be deleted.

In regulation 114 of the principal regulations for the Amends regulation

words “Malta Transport Authority Act” there shall be substituted 114

the word “Act”.

Regulation 115 of the principal regulations shall be Amends regulation

renumbered as sub-regulation (1) thereof, and immediately thereafter 115

there shall be inserted the following new sub-regulation

“(2) Persons who on the 19th May 2009 held a

valid public service garage licence issued in terms of

the Motor Vehicles Regulations or were, as at that date, L.N. 128 of 1994.

otherwise licensed to operate passenger transport vehicles

by the Authority, shall be exempt from the requirements

of paragraph (d) of regulation 9 of these regulations

when converting their public service garage licence into

an operator’s licence under these regulations, or when

applying for an Operator’s Licence for the first time in

terms of these regulations; provided that such licence

is still valid and has not been withdrawn, revoked or

suspended by the Authority as at the date of the conversion

of the same into an operator’s licence or at the date on

which the operator’s licence is issued.”.

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

amended as follows

(a) in Column 1 of Row 15 thereof, immediately after

the words “37(1)” there shall be added the words “, 37(2)”;

(b) in Column 1 of Row 45 thereof, immediately after

the words “69(1) a), b), c), e)” there shall be added the words

“, 69(4), (5)”; and

(c) in Column 1 of Row 47 thereof, immediately after

the words “69(2)(3) there shall be added the words “, 69(6)”.

B

B

€1.49