Regulations, 2010

L.N. 272 of 2010

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Passenger Transport Services (Amendment) (No. 2)

Regulations, 2010

IN exercise of the powers conferred by article 54 of the

Traffic Regulation Ordinance and by article 43 of the Authority for

Transport in Malta Act, the Minister for Infrastructure, Transport

and Communications has, after consultation with the Authority for

Transport in Malta, made the following regulations

The title of these regulations is the Passenger Transport Title.

Services (Amendment) (No. 2) Regulations, 2010 and they

shall be read and construed as one with the Passenger Transport

Services Regulations, 2009 hereinafter referred to as “the principal L.N. 149 of 2009.

regulations”.

Regulation 2 of the principal regulations shall be Amends regulation 2

amended as follows

(a) immediately after the definition “international

passenger transport services” there shall be inserted the

following new definition

“Local Council” means a Local Council established

under the Local Councils Act;”;

(b) immediately after the new definition “Local

Council” there shall be inserted the following new definition

“locality” shall have the same meaning assigned to

it by the Local Councils Act;”;

(c) in the definition “passenger transport vehicle” ,

immediately after the words “for that purpose” there shall be

added the words “and, unless otherwise specified, includes a

trackless train”;

(d) immediately after the definition “tracking device”

there shall be inserted the following new definition

“ “trackless train” means an articulated vehicle

travelling on the road, other than a vehicle permanently

running on rails, comprising a self-propelled vehicle

with a maximum set speed which does not exceed 25

kilometers per hour and pulling one or more carriages

connected by drawbar couplings;”; and

(e) immediately after the new definition “trackless

train” there shall be inserted the following new definition

“trackless train route” means a route established

and published by the Authority and which may be used

by operators authorised to operate trackless trains in

terms of regulation 68A;”.

Immediately after sub-regulation (4) of regulation 28 of

the principal regulations, there shall be added the following new

sub-regulation

“(5) This regulation shall not apply to trackless

trains.”.

Immediately after regulation 29 of the principal

regulations there shall be inserted the following new regulation

(1) No trackless train shall be issued with

a passenger transport vehicle licence unless –

(a) it is registered and licensed in terms of

the Motor Vehicles Registration and Licensing Act

and any regulations made thereunder;

(b) it has been issued with a certificate by

a competent authority of a Member State, or by a

body approved by the Authority, authorising such

vehicle to be used on the road as a trackless train,

and no modification was effected to the trackless

train after the issue of the said certificate;

(c) it complies, as a minimum, with the

emission limits which in terms of Directive

2005/55/EC of the European Parliament and

of the Council of 28 September 2005 on the

approximation of the laws of the Member States

relating to the measures to be taken against the

emission of gaseous and particulate pollutants

from compression-ignition engines for use in

vehicles, and the emission of gaseous pollutants

from positive-ignition engines fuelled with natural

gas or liquefied petroleum gas for use in vehicles,

became applicable as from the year 2005;

(d) it fulfills all the relevant specifications

and constructional requirements laid down in

the Motor Vehicles (Weights, Dimensions and L.N. 162 of 2003.

Equipment) Regulations, 2003;

(e) it has been issued with a certificate by

a certified mechanical engineer, certifying that the

trackless train has passed a vehicle roadworthiness

test which includes tests on safety of brakes,

lights, steering mechanism, the condition of the

tyres and exhaust emissions, and is suitable to be

driven on the road and safe to carry passengers,

which certificate must not have been issued

earlier than three months before the submission

of an application for a passenger transport vehicle

licence in terms of these regulations;

(f) it has a speed limiting device which does

not permit the trackless train to be driven at a speed

which exceeds 25 km per hour;

(g) it can be accessed, for boarding and

alighting, by passengers from the left hand side;

(h) it is designed to allow and facilitate

access to persons with disability and, or restricted

mobility;

(2) When submitting an application for a

passenger transport vehicle licence with respect to a

trackless train, the operator shall, in addition to the other

requirements under these regulations, submit to the

Authority the following information

(a) the maximum number of carriages with

which the trackless train shall be operated and the

maximum passenger capacity of each carriage;

(b) the maximum dimensions of the trackless

train if it is operated with the maximum number of

carriages with which it is to be registered;

(c) the width of the body of the prime mover

and of the carriages;

(d) the articulating angle, in degrees, or

the turning circle, in metres, for the trackless train

when it has the maximum number of carriages with

which it is to be licensed;

(e) the trackless train route on which the

operator intends to operate the trackless train, if

any.

(3) Trackless trains 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.”.

5. In regulation 30 of the principal regulations for the

words “for the same” there shall be substituted the words “for that

licence” and the words “for passenger transport vehicles” shall be

6. In regulation 32 of the principal regulations, for the

words “in cases of emergency.” in paragraph (e) thereof, there shall

be substituted the words “in cases of emergency:” and immediately

thereafter there shall be added the following proviso to the whole

regulation

“Provided that in the case of trackless trains the self-

adhesive sticker shall, instead of being affixed to the back

left side-door window be affixed in a place where it is clearly

visible.”.

7. Regulation 36 of the principal regulations shall be

amended as follows

(a) sub-regulation (2) thereof shall be renumbered as

sub-regulation (3);

(b) immediately after sub-regulation (1) thereof there

shall be inserted the following new sub-regulation

“(2) The operator of a trackless train licensed

to operate as passenger transport vehicle under these

regulations shall, every twelve months, subject such a

vehicle to a vehicle road worthiness test to be carried

out by a certified mechanical engineer and certifying that

the trackless train has passed a vehicle roadworthiness

test which includes tests on safety of breaks, lights,

steering mechanism, the condition of the tyres and

exhaust emissions, and that it is suitable to be driven

on the road and safe to carry passengers. The certificate

shall be submitted to the Authority at least ten days prior

to the renewal of the vehicle’s circulation licence. The

certificate should not have been issued earlier than three

months prior to its submission to the Authority.”; and

(3) in sub-regulation (3) as renumbered,

immediately after the words “conveyance of passengers,”

there shall be inserted the words “or if in the case of a

trackless train a certificate of roadworthiness is not

submitted to the Authority in terms of sub-regulation (2)

hereof,”.

8. In sub-regulation (2) of regulation 37 of the principal Amends regulation 37

regulations, for the words “with the exception of those licensed of

in terms of regulation 28(3)” there shall be substituted the words

“,with the exception of trackless trains,”, for the words “regulation

28 and 29.” there shall be substituted the words “regulations 28 and

29:”, and immediately thereafter there shall be added the following

“Provided that trackless trains shall be required to

continuously comply with the applicable provisions of

regulation 29A.”.

9. In regulation 42 of the principal regulations, for the

words “for hire.” there shall be substituted the words “for hire:”

and immediately thereafter there shall be added the following

“Provided that trackless trains shall be allowed to stand

for hire at a departure point approved by the Authority.”.

10. In regulation 53 of the principal regulations, for the

words “transport organizer.” there shall be substituted the words

“transport organizer:” and immediately thereafter there shall be

added the following proviso

“Provided that drivers of vehicles providing a passenger

transport service on sightseeing passenger transport routes

and trackless trains may play an audio commentary about the

sites being visited by such vehicles.”.

11. In the proviso to regulation 61 of the principal

regulations, for the words “working order.” there shall be

substituted the words “working order:” and immediately thereafter

there shall be added the following new proviso

“Provided further that paragraph (c) shall not apply to

trackless trains.”.

12. In regulation 62 of the principal regulations, for

the words “cultural value.” there shall be substituted the words

“cultural value:” and immediately thereafter there shall be added

the following new provisos

“Provided that this paragraph shall not apply to trackless

trains

Provided further that the Authority may, when

granting a temporary permit to an operator for the

provision of a special trackless train service in terms

of sub-regulation (6) of regulation 68A, exempt the

trackless train with respect of which such temporary

permit is granted from the provisions of this regulation

for the period in which that special service shall

be provided, and may, when doing so, impose any

conditions as to the garaging and parking of the trackless

train as the Authority may consider appropriate.”.

13. In regulation 67 of the principal regulations, for the

words “town or village.” there shall be substituted the words “town

or village:” and immediately thereafter there shall be added the

following proviso

“Provided that trackless trains shall at no time exceed

the speed limit of 25 km per hour.”.

14. Parts VII to X of the principal regulations shall be

renumbered as Parts VIII to XI.

15. Immediately after regulation 68 of the principal

regulations there shall be added the following new part and

regulation

“PART VII

TRACKLESS TRAIN ROUTES AND SPECIAL

TRACKLESS TRAIN SERVICES

68A. (1) Trackless train routes may only be

Trackless train

established by the Authority which may impose any

conditions for the operation of trackless trains on such

routes.

(2) The Authority may authorise operators to

provide regular passenger services on trackless train

routes by means of trackless trains, 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.

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);

(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 trackless train route;

(d) operators shall pay the fee established by

the Authority for the specific trackless train route;

and

(e) operators and drivers shall comply at

all times with any other conditions made by the

Authority.

(3) The Authority may restrict the number of

trackless trains authorised to operate regular passenger

services on any trackless train route as may be necessary

for the regulation, management, safety and control of

road traffic.

(4) Where the Authority decides that the number

of trackless trains operating on any trackless train route

shall be restricted, it shall only allow trackless trains to

operate on such route following a public competitive

process leading to the award of a concessionary

agreement to operate such route with a trackless train to

one or more operators.

(5) The Authority shall withdraw the

authorisation of a trackless train operating on a trackless

train route for which authorisations have been restricted

if the operator of that trackless train fails to operate the

service, without the authorisation of the Authority, for a

period of seven consecutive days.

(6) The Authority may grant operators of

trackless trains a temporary licence to operate a special

trackess train service at the request of a Local Council

subject to the following conditions

(a) the route shall be established by the

Authority in consultation with the said Local

Council and after taking into consideration the

effect on the regulation, management, safety and

control of road traffic;

(b) no special trackless train services may

be provided for a period longer than five days

within any 30 consecutive days

Provided that the Authority may, under

exceptional circumstances, approve more frequent

special trackless train services;

(c) the provisions of paragraphs (a), (b) and

(c) of sub-regulation (2) shall apply to operators

and drivers operating special trackless train

services;

(d) operators shall pay the annual fee

established in Part Four of the Tenth Schedule to

these regulations, provided the Authority may, at

its absolute discretion, waive the fee where it is

satisfied that the income from the special trackless

train services will be for the benefit of any

institution, trust, bequest or foundation, of a public

character, and of any other similar organisation

or body of persons, also of a public character,

which is engaged in philanthropic work and either

qualifies for exemption granted under rules made

for this purpose by the Minister responsible for

finance under article 96 of the Income Tax Act or

is named by the said Minister as being engaged in

philanthropic work for the purposes of article 12 of

the Income Tax Act and there is not in respect of it

a declaration by the said Minister that it has ceased

to be so named; and

(e) any other conditions which the Authority

may impose.

(7) No vehicle other than a trackless train

licensed in terms of these regulations shall provide or

be authorised to provide special trackless train services.

(8) Trackless trains may only be licensed by the

Authority to be operated exclusively on trackless train

routes established by the Authority in terms of this

regulation or to operate special trackless train services

as authorised in terms of this regulation.”.

16. The Ninth Schedule to the principal regulations shall be

amended as follows

(a) immediately after the following row

Column 1

Column 2

Column 3

“36(2)

€100

”

there shall be inserted the following new row

Column 1

Column 2

Column 3

“36(3)

€50 and in addition

€50 per day

”;

(b) immediately before the words “69(1) (a), (b), (c),

(e)” in Column 1, there shall be inserted the words “68A (2)

(a), (b), (c)”;

(c) immediately before the words “69(1) (d)” in

Column 1, there shall be added the words “68A (2) (d)”; and

(d) immediately before the words “69(2),(3)” in

Column 1, there shall be added the words “68A (2) (e),

68A(8),”.

17. Part 4 in the Tenth Schedule to the principal regulations

shall be amended as follows

(a) in the first proviso to paragraph 2 thereof,

immediately after the words “tail-lift vans” there shall be

inserted the words “and trackless trains”; and

(b) immediately after paragraph 3 thereof there shall

be added the following

“4.

Fee payable in terms of regulation

68A(6)(d) …………………………… €50”.

€0.93