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Taxi Services Regulations, 2010

84 Articles / Provisions · Malta
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Table of Provisions (84)

Preamble Reg. 1 Title and commencement. First Schedule Reg. 2 Interpretation. Second Schedule Reg. 3 Taxi operator’s licence required. Third Schedule Reg. 4 Requirements for a taxi operator’s licence. Fourth Schedule Reg. 5 Application for a taxi operator’s licence. Fifth Schedule Reg. 6 Decision on the granting of a licence. Reg. 7 Good repute and good conduct. Reg. 8 Checks on Compliance and suspension or revocation of operator’s licence. Reg. 9 Taxi driver permit. Reg. 10 Reg. 11 Conditions for grant of and retention of a taxi driver permit. Reg. 12 Skills to act as taxi driver. Reg. 13 Decision on the granting of a taxi driver permit. Reg. 14 Reg. 15 Reg. 16 Reg. 17 Registration of operators, taxi drivers and licensed taxis. Reg. 18 Reg. 19 Only taxis to ply or stand for hire. Reg. 20 Specifications for taxis. Reg. 21 Application for a taxi licence. Reg. 22 Number of taxis which may be operated. Reg. 23 Application for renewal of a taxi licence. Reg. 24 Registration marks. Reg. 25 Fitness and safety. Reg. 26 Inspections. Reg. 27 Horn. Reg. 28 Colour. Reg. 29 Advertisements. Reg. 30 Reg. 31 Reg. 32 Wheelchair accessible taxis. Reg. 33 Electric taxis. Reg. 34 Taxi sign. Reg. 35 Wheelchair accessible taxis to be clearly marked. Reg. 36 Reg. 37 Reg. 38 Reg. 39 Tests to be carried on taximeter. Reg. 40 Taximeter to be affixed to taxi with which it has been approved. Reg. 41 Defective or tampered taximeter. Reg. 42 Operation of a taximeter. Reg. 43 Tracking device. Reg. 44 Reg. 45 Two-way communication system. Reg. 46 Use of air- conditioning system. Reg. 47 Carriage of persons or things while on hire. Reg. 48 Lost property. Reg. 49 Appropriate clothing. Reg. 50 Prohibition of overloading. Reg. 51 Reg. 52 Use of priority vehicle lane. Reg. 53 Reg. 54 No disturbances while driving. Reg. 55 Vehicle to be clean and in good order. Reg. 56 Inflammable liquids. Reg. 57 Smoking. Reg. 58 Emergency equipment and emergency button. Reg. 59 Hire of taxi. Reg. 60 Reg. 61 Plying for hire. Reg. 62 Priority to persons who use wheelchair. Reg. 63 Fare levied for hire of taxis. Reg. 64 Copy of tariff. Reg. 65 Designation of taxi stands. Reg. 66 Taxi booths. Reg. 67 Criminal proceedings and penalties. Reg. 68 Reg. 69 Commission of same offence more than once in a six-month period. Reg. 70 Reg. 71 No criminal action when an administrative penalty is paid. Reg. 72 Suspension or withdrawal of any licence or permit. Reg. 73 Suspension or withdrawal of licence or permit upon institution of criminal proceedings. Reg. 74 Reg. 75 Reg. 76 Reg. 77 Taxi operator’s licence transitory provision. Reg. 78 Taxi driver permit transitory provision.

Statutory Text (84 Articles)

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

L.N. 369 of 2010

AUTHORITY FOR TRANSPORT

IN MALTA ACT

(CAP. 499)

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Taxi Services Regulations, 2010

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act and by article 54 of the Traffic

Regulation Ordinance, the Minister for Infrastructure, Transport

and Communications has, after consultation with the Authority for

Transport in Malta, made the following regulations

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The title of these regulations is the Taxi Services

Regulations, 2010.

(2) These regulations other than paragraphs (h), (i) and

(j) of regulation 20 and regulation 39 shall come into force on the

1st November, 2010.

(3) Paragraphs (h), (i) and (j) of regulation 20 and

regulation 39 shall come into force on the 1st May, 2011.

(4) Regulations 20 (e) and 23(3) shall come into force

on the 1st November, 2011 in respect of motor vehicles which were

licensed as taxis before the coming into force of these regulations.

PART I

PRELIMINARY

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(Regulations 42, 63, 66)

MAXIMUM TARIFF OF TAXI FARES

TABLE 1

MAXIMUM FARES CHAREGEABLE WHEN A FIXED-FARE IS NOT APPLICABLE

Initial Fare

€3.50

For the first eight kilometers

€1.40 per km

Over eight kilometers

€1.00 per km

Provided that on the 25th December and on the 1st January of each year there shall be a flat

additional charge of €4.50 for every trip.

Waiting charge per hour or part thereof while the taxi speed is less than 20

km/h provided that this charge shall not trigger off unless the speed of the

taxi is less than 20 km/h for at least three continuous minutes.

€4.20

TABLE 2

MAXIMUM FIXED-FARES

Departure Points

Destinations

Malta

Malta

City Gate

St.

Bugibba

Interna-

Seaport

– Valletta

Julian’s

May –

tional

Termi-nal (1000hrs-

(2100hrs-

October

Airport

2200hrs)

0500hrs)

(1600hrs-

0000hrs)

Zone 1

Luqa, Kirkop,

€11.00

€15.50

€15.50

€19.00

€25.00

Safi, Gudja, Sta.

Luija, al Far

Zone 2

Valletta, Floriana,

€15.00

€11.00

€9.00

€12.00

€20.00

Pietà, amrun,

Sta. Venera,

Gwardamangia,

Marsa, Albert

Town, Qormi,

Msida

Zone 3

Zebbu, Siiewi,

€18.00

€20.00

€20.00

€19.00

€18.00

Gar Lapsi, Rabat,

Dingli, Ta’ Qali,

Mdina

Zone 4

Paola, Fgura,

€13.50

€13.50

€13.50

€16.00

€22.50

Laboratory Wharf,

Corradino

Industrial Estate,

Gajn Dwieli,

Tarxien

Zone 5

Cospicua, Kalkara,

€18.00

€18.00

€18.00

€20.00

€25.00

B

Senglea,

Vittoriosa, abbar,

Xgajra,

Marsaskala

Zone 6

ejtun, Gaxaq,

€15.50

€18.00

€18.00

€21.00

€25.00

Birebbua,

Marsaxlokk,

urrieq, Qrendi,

Mqabba

Zone 7

Sliema, Gira,

€20.00

€18.00

€16.00

€8.00

€16.00

Kappara, Ta’

Xbiex, San iljan,

Paceville, San

wann, Swieqi,

St. Andrew’s.

Pembroke, l-

Ibra, Birkirkara,

Lija, Balzan,

Attard, Iklin

Zone 8

Mosta, Naxxar,

€22.50

€22.50

€20.00

€12.00

€13.00

Gargur, High

Ridge, Madliena,

Baar i-agaq

Zone 9

Marr, Wardija,

€25.00

€25.00

€25.00

€20.00

€12.00

Burmarrad, Gajn

Tuffiea, Golden

Bay, San Pawl il-

Baar, Buibba,

Qawra, Xemxija,

Bidnija, Barija,

ebbieg

Zone

Melliea,

€29.50

€29.50

€28.00

€24.00

€14.00

Manikata

Zone

irkewwa, Armier,

€32.00

€32.00

€30.00

€28.00

€20.00

Marfa

TABLE 3

ELECTRIC TAXI MAXIMUM FARE

Any location, irrespective of duration of trip or distance covered

A maximum of €5.00 per

trip.

B

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

In these regulations, unless the context otherwise

requires-

“the Act” means the Authority for Transport in Malta

Act;

“the Authority” means the Authority for Transport in

Malta established by the Act;

“carriageway” means that part of a roadway on which

traffic proceeds in a single direction;

“designated person” means a natural person who

continuously and effectively manages the operation of the

taxi service and who is designated as such to the Authority

by an operator or an applicant for a taxi operator’s licence.

The designated person may be the operator or the applicant

himself;

“driver” means a person who holds a taxi driver permit

in terms of these regulations;

“driver’s tag” means a tag issued by the Authority to a

driver in terms of Part III of these regulations;

“electric light quadricycle” means any electrically

propelled vehicle which is used for the carriage of passengers

by road and which

(a) has a maximum speed not exceeding 45kmh;

(b)

has an unladen mass not exceeding 400kg;

and

(c) has a maximum continuous rated power not

exceeding 15kW;

“electric taxi” means an electric light quadricycle

vehicle registered and licensed to ply and stand for hire in

terms of these regulations;

“electric taxi maximum fare” means the maximum

fixed-fare to be levied for electric taxi journeys, irrespective

of locality and length of journey, specified in Table 3 of the

First Schedule;

“electric taxi stand” means an area specially designated

and marked as such by the Authority, where electric taxis can

stand for hire;

“emergency button” means a device installed in a taxi

which when pressed sends a distress signal to a control room

or control rooms designated by the Authority;

“fixed-fare” means the maximum fixed-fare for taxi

journeys from specified points of departure to specified

destinations prescribed in Table 2 of the First Schedule;

“fixed-fare ticket” means a ticket issued from a taxi

booth as a proof of receipt of payment of a fixed-fare;

“hire or reward” means payment made for the carriage

of passengers other than on own account, that is to say against

payment or compensation by the hirer;

“hirer” means the passenger or the person hiring the

taxi;

“hybrid motor vehicle” means a motor vehicle which

has at least two different energy converters and two different

energy storage systems for the purpose of vehicle propulsion,

and which, for the purpose of these regulations, may carry no

more than five passengers in addition to the driver;

“initial verification” means the verification of a taximeter

carried out by the Malta Standards Authority under such

procedures as may be established by that Authority before

such taximeter is first put into service on a taxi;

“Malta Standards Authority” means the Malta Standards

Authority established by the Malta Standards Authority Act;

“maximum tariff” means the maximum tariff for a taxi

service prescribed in the First Schedule to these regulations;

“the Minister” means the Minister responsible for

transport;

“motor vehicle” means any mechanically or electrically

self-propelled vehicle intended for use on the road, other than

a vehicle running on rails;

“new motor vehicle” means a motor vehicle which has

never been permanently registered in any country and which

has not travelled under its own power for more than 3,000

km;

“owner” means the person in whose name a motor

vehicle is registered;

“passenger” means a person who is carried in a taxi for

hire or reward;

“periodical verification” means the verification of a

taximeter not being an initial verification, which is carried out

by the Malta Standards Authority under such procedures as

may be established by that Authority;

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

for, or be available for, hire;

“priority vehicle lane” means an area of carriageway

reserved for vehicles on priority duty;

“road” has the same meaning as is given to it in the Act;

“Register” means the Road Passenger Transport Register

set up in terms of regulation 24 of the Passenger Transport L.N. 149 of 2009.

Services Regulations, 2009;

“registration certificate” has the same meaning assigned

to it by the Registration and Licensing of Motor Vehicles

Regulations, 2009;

“registration mark” means the registration number

assigned to a motor vehicle;

“registration plate” means a plate or other device

displaying the registration mark of a motor vehicle;

“stand for hire” means, in the case of a taxi, to wait on

a taxi stand, and in the case of an electric taxi, to wait on an

electric taxi stand, ready to accept requests for hire;

“taxi” means a passenger motor vehicle which may carry

no more than five passengers in addition to the driver, which

is fitted with a taximeter, and which is licensed to stand and

ply for hire as a taxi;

“taxi driver permit” means a permit issued by the

Authority to drivers in terms of Part III of these regulations;

“taxi licence” means a document issued by the Authority

certifying that motor vehicle is authorised to carry out taxi

services;

“taximeter” means a measuring instrument designed for

installation in a motor vehicle that calculates and displays the

fare to be paid for a trip, based on the distance travelled and

the duration of the trip;

“taxi operator” means a person authorised in terms of

these regulations to operate taxi services;

“taxi operator’s licence” means a licence issued by

the Authority to a taxi operator in terms of Part II these

regulations;

“taxi services” means a business activity consisting in

the provision and co-ordination of taxi services to passengers

given for hire or reward;

“taxi stand” means an area specially designated and

marked as such by the Authority, where taxis can stand for

hire;

“tracking device” means any individual device that,

according to the operation of the device

(a)

monitors the geographical position of a taxi;

and, or

(b) monitors the functioning or operation of a

taxi and the taximeter; and, or

(c)

captures and records images inside a taxi;

“Tribunal” means the Administrative Review Tribunal

established in terms of article 5 of the Administrative Justice

Act;

“two-way communication system” means any wireless

apparatus which is designed or adapted for the purpose of

transmitting and receiving spoken messages;

“unladen mass” means the mass of the vehicle excluding

the battery and any load;

“wheelchair accessible vehicle” means a motor vehicle

that allows easy and unaided access to persons who make use

of wheelchairs;

“while on duty” means the time while the driver of a taxi

is waiting on a taxi stand or while exposing the taxi for hire

and while the driver is driving the taxi whether when carrying

passengers in the taxi or not.

PART II

TAXI OPERATOR’S LICENCE

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(Regulations 3, 5, 10, 16, 21, 23, 78)

FEES

Part 1

Taxi Operator’s Licence

Application fee

€125

Renewal fee

€50

Changes in Licence

€25

Reissuing lost Licence

€50

Part 2

Taxi driver permit

Application fee

€6

Renewal fee

€6

Part 3

Driver’s Tag

Issue of driver’s tag (valid for five years)

€12

Replacement of lost driver’s tag

€12

Part 4

Taxi Licence (other than Electric Taxi)

Application fee

€100

Renewal fee

€250 per vehicle per year

Part 5

Electric Taxi licence

Application fee

€25

Renewal fee

€25 per vehicle per year

B

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) No person shall carry out any taxi services unless

that person is the holder of an operator’s licence granted in terms

of these regulations.

(2) No person may hire a taxi which is not licensed for

that purpose under these regulations.

(3) The Authority shall issue a taxi operator’s licence

to any person who applies to engage in taxi operations and satisfies

the requirements of regulation 4 of these regulations.

(4) A taxi 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 year

from the issue of the said licence, and every five years thereafter,

a declaration of compliance with the requirements of regulation

4 supported by documentation mentioned in regulation 5 and the

applicable fee prescribed in Part 1 of the Second Schedule to these

regulations.

(5) If during the term of validity of a taxi operator’s

licence, the holder thereof applies for and is granted an operator’s

licence under the Passenger Transport Services Regulations,

2009, the taxi operator’s licence shall immediately be integrated

within the other licence and its holder shall be authorised to

operate services both under these regulations as well as under the

Passenger Transport Services Regulations, 2009,

(6) The taxi operator’s licence is not transferable.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(Regulation12)

List of subjects to be covered in the training to obtain a Taxi Driver and Area

Knowledge Certificate referred to in regulation 12

1. Knowledge of vehicle characteristics and safety features including, inter alia

a. Knowledge of the characteristics of the transmission (gear) systems enabling a

driver to make the best possible use of them;

b. Knowledge of the technical characteristics and operation of the safety controls

in order to control the vehicle (compliance with safety and security

procedures), minimize wear and tear and prevent vehicle malfunction;

c. Ability to optimise fuel consumption.

2. Safety of driver, passengers and other road users including

a. Ability to ensure passenger comfort and safety including particular behaviour

with elderly and passengers with special needs

b. Knowledge of legislation regulating the carriage of passengers, including a

thorough knowledge of the Taxi Services Regulations

c. Ability to assess and deal with emergency situations, including

i. First aid/CPR (cardiopulmonary resuscitation)

ii. Aggressive or drunken behaviour by passengers

iii. Dealing with accidents

d. Ability to prevent and deal with criminality, including

i. Refusal by the passenger to pay the fare or tariff

ii. Passengers requesting information on illegal activities

iii. Passengers requesting over-speeding

iv. Passengers requesting overloading of passengers

e. Correct use of speed

f. Physical fitness to drive a taxi

g. Awareness of the risks on the road and accidents at work

3. Routes and destinations

a. Thorough knowledge of routes, including the ability to provide shortest route

and alternate routes

b. Basic knowledge of prime tourist and commercial locations across Malta and

Gozo

c. Knowledge of basic functions of the taximeter and other equipment installed

in the taxi in pursuance of the Taxi Services Regulations

4. Interpersonal skills including

a. Customer Care

B

b. Politeness

c. Personal cleanliness

5. Languages

a. Fluency in Maltese and the ability to communicate in basic English

6. Optional training with respect to the use of a wheelchair accessible taxis

a. Maintaining wheel belts or wheel clamps in good working order

b. Ability to safely install the wheelchair in the taxi, backing the chair to the

`fold down' seats, then securing both wheelchair brakes, secure seat

belts/safety harness and also secure wheel belts/clamps if fitted to vehicle,

ensure that the wheelchair and disabled person are secure.

Minimum duration of training – 46 hours

PART 2

Organisation of the Examination

The examination shall consist of two parts, the theory examination and the practical

examination. The applicant shall only be allowed to sit for the practical examination within

twelve months from when he passes the theory examination.

Part 2a – Theory Examination

The Authority shall organise a compulsory examination which may be written or oral to

establish whether applicant has achieved the required level of knowledge in the subjects

listed in part I. Where the examination is in writing and the applicant is unable to read

and write, the Authority shall provide the applicant with a person who will read the paper

set and write down the replies stated by the applicant.

Duration

45 minutes

Part 2b – Practical Examination

The Authority shall also organize a compulsory practical examination in which the applicant

must demonstrate

Driving a route chosen by the Authority to ensure respect for road safety

•

regulations, and adoption of the most effective route, including at least one prime

tourist and one prime commercial locations;

A safety check of the vehicle

•

A compliance check of vehicle

•

Ability to use the Taximeter and other peripheral equipment

•

If 10 or more errors are committed, the applicant will fail the practical examination. Any

serious or dangerous errors will result in failure notwithstanding the fact that less than 10

errors are accumulated.

Duration

45 minutes

B

PART 3: TAXI DRIVER AND AREA KNOWLEDGE CERTIFICATE

We, ____________________, hereby certify that _______________________ holder

of identity card/passport ____________, and residing at ________________________

i. has passed the examination set to him on the _______________ organised for the

award of a Taxi Driver and Area Knowledge Certificate in accordance with the Taxi

Services Regulations (L.N. ____of 2010); and

ii. is professionally competent to undertake the profession of a taxi driver in Malta.

This certificate constitutes sufficient proof that the above-mentioned person has the

required skills to act as a taxi driver in Malta in terms of the Taxi Services Regulations.

Issued at ______________________on ____________________.

Stamp and signature

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An applicant for a taxi operator’s licence shall

satisfy the Authority that he is of good repute and conduct.

(2) (a) Where the applicant for a taxi operator’s

licence is a natural person, the requirements of sub-regulation (1)

shall be satisfied by such natural person and by the designated

person.

(b) Where the applicant for a taxi operator’s

licence is a limited liability company, the requirements of sub-

regulation (1) shall be satisfied by all the directors of the company

as well as by the designated person.

(c) Where the applicant for a taxi operator’s

licence is a partnership en commandite or a partnership en nom

collectif as defined in the Companies Act, the requirements of

sub-regulation (1) shall be satisfied by all the partners and by the

designated person.

(d) Where the applicant for a taxi operator’s

licence is a legal person other than those identified in paragraphs

(b) and (c), the requirements of sub-regulation (1) shall be satisfied

by all persons having the legal and judicial representation of such

legal person and by the designated person.

(3) A taxi operator’s licence shall be issued in the

name of a natural person authorised to represent the undertaking.

(4) Every applicant for a taxi operator’s licence shall

nominate a designated person. Where a designated person ceases to

continuously and effectively manage a taxi service operation, the

taxi operator shall within seven days from such occurrence notify

the Authority in writing and the Authority shall allow a period not

exceeding one month within which the taxi operator shall nominate

another designated person, who shall comply with the provisions

of sub-regulation (1) of this regulation.

(5) In the event of the death or physical or legal

incapacity of the natural person who is the holder of a taxi operator

licence, the Authority may permit the carrying on of a taxi service

operation on a temporary basis for a maximum period of six

months.

(6) A taxi operator shall be obliged to satisfy the

conditions of this regulation at all times during the validity of the

licence.

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

who is required to fulfil the requirement stipulated in sub-regulation

(1), ceases to occupy his post within a taxi service operation, the

taxi 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 fulfil the requirements of sub-regulations (1)

of this regulation.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(Regulations 24, 32, 35)

Part A: Progressive Number of taxis licensed to operate only in

the island of Malta





PART A2: Progressive Number of taxis licensed to operate only in

the island of Gozo





B

PART B: WHEELCHAIR ACCESSIBLE TAXI SIGN

B

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An application for the grant or renewal of a taxi

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 the applicant, if he is not already the holder of an operator’s

licence issued under the Passenger Transport Services Regulations,

2009, shall produce together with the application

(a) a certificate issued by the Police or an equivalent

authority of the country where the applicant is normally

resident, detailing any criminal offences and contraventions

for which the applicant may have been sentenced together

with the punishment thereof

Provided that where the applicant or the persons

mentioned in sub-regulations (2) and (4) of regulation 4 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 person comes or

such persons come shall suffice;

(b) particulars of the number and class or description

of motor vehicles being used as a taxi, having the technical

specifications laid down in these regulations, if the applicant

is already in possession of any such motor vehicles

Provided that the submission of the particulars of the

vehicles, other than those that are already licensed as a taxi,

shall not be considered to be a submission of an application

for a taxi licence for such vehicles, and a separate application

shall be filed with respect to such vehicles which shall

be processed and decided upon in terms of Part V of these

regulations;

(c) where the motor vehicles to be covered by the

taxi operator’s licence are not registered in the name of the

applicant, a signed declaration from the registered owner in

favour of the taxi operator and permitting the use of the said

vehicles under that particular taxi operator’s licence; and

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

employed by the taxi service operator.

(2) Where the applicant is already the holder of an

operator’s licence issued under the Passenger Transport Services

Regulations, 2009, he shall, together with the application form,

present to the Authority the details and declaration required under

paragraphs (b), (c) and (d) of sub-regulation (1).

(3) The documents prescribed in sub-regulation (1)

shall not be accepted if produced more than three months after the

date of issue.

(4) The Authority may require any particulars given

by an applicant in relation to an application mentioned in sub-

regulation (1) to be contained in a statutory declaration or in a

sworn affidavit in such manner as the Authority shall specify.

(5) An application shall be accompanied by the fee

established in Part 1 of the Second Schedule to these regulations.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(Regulation 68)

ADMINISTRATIVE PENALTIES

Column 1

Column 2

Column 3

Regulation

Administrative

Administrative

penalties for taxi

penalties for

operators

taxi drivers

8 (3)

€50 per day

14(1)

€50

€100

16(2), (3),

€50

(5), (7)

€250

21(4)

€300

24(5)

€100

25(1)

€50

and

in

addition €50 per

day

€30

and

in

addition €30 per

day

€100

€100

29 (2)

€100

29 (3)

€50

€50

29 (5)

€100

€ 50

€ 300

€150

€300

€50

37, 38, 39,

€300

40, 41(1)

42(1)

€300

42(2)

€100

42(3)

€100

44(1)

€1,000

44(2)

€150

44(3)

€1,000

€1,000

€100

€50

€100

€100

€100

B

€300

€50

€50

€10

55 (1)

€100

55 (2)

€150

56 (1)

€50

€50

56 (2)

€300

57 (1)

€100

57 (2)

€100

58(1)

€100

58(3)

€50

€60

€100

€100

€100

€200

€100

65(5), (6)

€60

66(3), (4)

€100

66(6)

€100

€50

and

in

addition €50 per

day

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An application for a taxi operator’s licence shall be

processed and decided by the Authority.

(2) The decision of the Authority shall be

communicated in writing, by registered post, to the applicant at the

address specified in the application.

(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.

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

the applicant may appeal to the Tribunal against such decision

within a period of thirty days from its notification.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) A person shall not be deemed to satisfy the condition

of good repute and conduct if he

(a) has been found guilty of committing any crime

contemplated in Title I of Part II of Book First of the Criminal

Code or articles 198, 199, 203, 203A, 204, 204A, 204B, Cap. 10.

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, to

imprisonment, for a term or terms, of or exceeding, in

the aggregate, one month or to a fine or fines which in the

aggregate amount to at least four thousand euro (€4,000) for

committing one or more crimes connected with violence, or

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

year period;

(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 or crimes in terms of the Traffic

Regulation Ordinance or a crime or crimes in terms of any Cap. 65.

regulation made thereunder or a crime or crimes in terms of

the Act or a crime or crimes in terms of any regulation made

under the Act;

(d) has been found guilty of committing any

corresponding offence under any law of a country or territory

outside Malta;

(e) 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 or a person having

the legal or judicial representation of one or more

operators the licence of whom was withdrawn during his

tenure, in terms of these regulations or in terms of the

Passenger Transport Services Regulations, 2009; or

(iii) in the last five years he has been either

(a) sentenced to a fine or fines which in the aggregate

amount to at least four thousand euro (€4,000); or

(b) convicted of committing a breach of the same

provision of the law on at least five occasions

Provided that such sentence or conviction concerns

either

(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

Provided further 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

period referred to shall be two years

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.

(2) An operator shall be obliged to satisfy the

conditions of this regulation at all times during the validity of the

(3) The Minister may, in exceptional circumstances

and limitedly to persons who before the publication of these

regulations already had a taxi registered in their name, exempt

such persons from any or all of the requirements specified in sub-

regulation (1) of this regulation.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The Authority may carry out checks, whenever it

deems necessary, in order to verify that an operator continues to

fulfill the requirement of good repute and conduct.

(2) The Authority may at any time require the operator

or any official or employee thereof 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 taxi service operation of that operator provided that

(a) such person may be assisted by an advocate, or

any other person;

(b) the Authority may take and keep copies of any

documents furnished or provided under this regulation;

(c) 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.

(3) Any such person or persons as aforesaid shall

comply with any request or order made by the Authority under sub-

regulation (1) within twenty four hours from such a request.

(4) A taxi operator’s licence may be suspended or

revoked where the holder

(a) no longer satisfies the conditions laid down in sub-

regulation (1) of regulation 4; or

(b) has supplied incorrect information to the Authority;

(c)

has breached any of the conditions of the licence;

(d) has committed serious or repeated infringements of

these regulations.

(5) That 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 a taxi 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.

(6) The notice provided for in sub-regulation (4) 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.

(7) The Authority shall notify in writing its final

decision to the operator concerned who shall have the right

to appeal to the Tribunal within a period of thirty days from

notification of the Authority’s decision

Provided that the suspension of the licence shall

have immediate effect notwithstanding any appeal therefrom,

unless otherwise ordered by the Tribunal or a court of criminal

jurisdiction.

(8) A decision of the Authority to revoke an operator’s

licence shall not become final 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

final on the date of the decision of the Tribunal dismissing the

appeal or the date on which the appeal is abandoned, if this is the

case.

PART III

DRIVERS

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) No person shall drive a taxi unless he holds a valid

taxi driver permit in terms of these regulations.

(2) A permit granted to a driver to drive a taxi shall be

noted on the driver’s driving licence by the Authority.

(3) No person shall drive a taxi unless his driving

licence indicates that he has a taxi driver permit.

(4) A taxi driver permit shall be valid for a period of

five years from the date on which it is granted or any other shorter

period, specified thereon by the Authority, unless previously

revoked or suspended or surrendered and shall not be transferable.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An application for the grant or renewal of a taxi Application for a taxi

driver permit shall be made to the Authority and shall be in the driver permit.

form and contain such particulars as the Authority may require and

the applicant shall produce together with the application

(a) a certificate issued by the Police or an equivalent

authority of the country where the applicant is normally

resident, detailing any criminal offences or contraventions for

which the applicant may have been sentenced together with

the punishment thereof;

(b) the relevant application fee as prescribed in Part 2

of the Second Schedule;

(c) a medical certificate; and

(d) evidence of the skills to act as a driver required in

terms of sub-regulations (1) and (2) of regulation 12, where

applicable.

(2) The Authority may require the applicant to confirm

that he satisfies all the provisions of regulations 11 and 12 by

means of a declaration or in a sworn affidavit in such manner as

the Authority shall specify.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An applicant for a taxi driver permit shall satisfy

the Authority that he -

(a) is of good repute and conduct;

(b) is the holder of a category B driving licence;

(c) is medically fit;

(d) is aged 19 years or over; and

(e) possesses the requisite skills to act as a driver in

terms of regulation 12 of these regulations.

(2) A person shall not be deemed to satisfy the

condition of good repute and conduct if he

(a) has been found guilty of committing any crime

contemplated in Title I of Part II of Book First of the Criminal

Code or 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, to

imprisonment, for a term or terms, of or exceeding, in the

aggregate, for one month or to a fine or fines which in the

aggregate amount to at least four thousand euro (€4,000) for

committing one or more crimes connected with violence, or

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

year period;

(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 or crimes in terms of the Traffic

Regulation Ordinance or a crime or crimes in terms of any

regulation made thereunder or a crime or crimes in terms of

the Act or a crime or crimes in terms of any regulation made

under the Act; or

(d) has been found guilty of committing 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 period referred to shall be two

years

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.

(3) A driver shall be obliged to satisfy the conditions

of this regulation at all times during the validity of the permit.

(4) The Minister may, in exceptional circumstances

and limitedly to persons who before the coming into force of these

regulations were already in possession of a taxi driver licence, to

exempt such persons from any of the requirements specified in sub-

regulation (2) of this regulation.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An applicant for a taxi driver permit shall be

considered to have the requisite skills to act as a driver of a taxi if

(a) attends training courses held or approved by the

Authority based on the subjects listed in Part 1 of the Third

Schedule;

(b) passes a written or oral examination held by the

Authority or by a body approved by the Authority, based on

the subjects listed in Part 2a of the Third Schedule;

(c) passes a practical examination held by the

Authority or by a body approved by the Authority, based on

the subjects listed in Part 2b of the Third Schedule;

(d) is the holder of a certificate issued by the Authority

or by a certification body approved by the Authority attesting

that the driver has attended training courses and passed the

examination set after such courses, which certificate shall be

in the format indicated in Part 3 of the Third Schedule and

known as the Taxi Driver and Area Knowledge Certificate;

(e) proves that he has accompanied a taxi driver while

on duty for at least forty hours, which must be in periods of at

least four consecutive hours each and a minimum of ten hours

of which must be after sunset and before sunrise

Provided that the Authority may exempt an applicant

from this requirement if the Authority is satisfied that the

applicant has undergone sufficient practical training, and was

unable to find a taxi driver willing to be accompanied while

on duty.

(2) A driver permit shall be withdrawn or shall not

be renewed, as the case may be, unless the driver successfully

completes refresher courses once every five years held or approved

by the Authority and obtains a certificate to that effect.

(3) A driver who holds a certificate of professional

competence issued in terms of the Motor Vehicles (Driving

Licences) Regulations, 2002, shall be exempt from the

requirements of paragraphs (a), (b) and (d) of sub-regulation (1)

and sub-regulation (2).

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An application for a taxi driver permit shall be

processed and decided by the Authority.

(2) The decision of the Authority shall be

communicated in writing, by registered post, to the applicant at the

address specified in the application.

(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.

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

the applicant may appeal to the Tribunal within thirty days from

notification of the Authority’s decision.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

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

to submit evidence that he continues to fulfill the requirements of

regulations 11 or 12 or the relevant parts thereof and the driver

shall produce any information and documents requested by the

Authority within three working days from the date on which he

receives the request by the Authority.

(2) A taxi driver permit may be suspended or revoked

where the holder

(a) no longer satisfies the conditions laid down in

regulations 11 and 12; or

(b) has supplied incorrect information to the Authority;

or

(c)

has breached any of the conditions of the licence;

or

(d) has committed serious infringements of these

regulations.

(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 a taxi driver permit of its own motion, it shall give the

driver concerned notice in writing setting out the reasons for its

intention to do so.

(4) 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 taxi driver permit should not be suspended or revoked and

the Authority shall consider any representations so made before

arriving at a final decision.

(5) The Authority shall notify in writing its final

decision to the driver concerned and that driver shall have the right

to appeal to the Tribunal against the decision of the Authority to

suspend or revoke the taxi driver permit within thirty days from

notification of the Authority’s decision.

(6) The suspension of the permit in terms of sub-

regulation (2) of this regulation shall have immediate effect

notwithstanding any appeal therefrom, unless otherwise ordered by

the Tribunal or a court of criminal jurisdiction.

(7) The decision of the Authority to revoke a taxi

driver permit in terms of sub-regulation (2) of this regulation

shall become final on 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 final on the date of

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

which the appeal is abandoned.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Drivers shall, before driving wheelchair accessible taxis, Special training for

undergo special training offered by the Authority, free of charge to drivers

drivers.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The Authority shall, upon granting a taxi driver Driver’s tag.

permit, issue to the successful applicant a driver’s tag following

the payment of the fee prescribed in Part 3 of the Second Schedule

to these regulations.

(2) Every driver shall, while driving a taxi, fix the

driver’s tag in the appropriate slot provided for the purpose in the

certificate referred to in regulation 30. Every driver of a taxi shall,

while on duty but not driving the taxi, wear the driver’s tag in a

conspicuous place on the left side of his chest in a manner that it

may be easily seen.

(3) Every driver shall produce the driver ’s tag

whenever requested to do so by an enforcement officer of the

Authority.

(4) 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 driver’s tag free of charge

Provided that the holder of the driver’s tag shall pay to

the Authority the fee prescribed in the Second Schedule for the

fourth and any subsequent replacement of a driver’s tag made

within the tag’s validity period.

(5) A driver’s tag shall not be transferable.

(6) A driver who loses his driver ’s 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 the fee prescribed

in Part 3 of the Second Schedule.

(7) Upon the revocation or the suspension a taxi

driver permit or upon the expiration of the said permit when such

permit has not been renewed for any reason, the driver shall return

the driver’s tag to the Authority within forty-eight hours from such

revocation, or suspension or expiration and the Authority shall give

due receipt for the driver’s tag so returned.

PART IV

THE REGISTER

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The Authority shall register, in Part II of the

Register, the name and address of persons holding a taxi operator’s

licence, together with other particulars which the Authority may

consider relevant.

(2) The Authority shall register, in Part III of the

Register, the name and address of persons holding a taxi driver

permit in terms of these regulations together with other particulars

which the Authority may consider relevant.

(3) The Authority shall register, in Part IV of the

Register, the list of taxis licensed to operate and the relative

operator’s licence under which they can be operated.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

No operator shall employ or engage the services of any Employment of

person to drive a taxi, unless that person holds a taxi driver permit drivers.

and is registered in Part III of the Register.

PART V

TAXIS AND TAXI SERVICES

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Only motor vehicles which have been granted a taxi

licence by the Authority may ply or stand for hire.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

A motor vehicle shall not be licensed as a taxi unless

(a) it is a new motor vehicle

Provided that this condition shall not apply to vehicles

that are already licensed as taxis on the day of coming into

force of these regulations;

(b) it has an engine capacity of at least 1400 cc

provided that this condition shall not apply to hybrid vehicles;

(c) it has ample leg space and head room;

(d) it is fitted with adequate internal lighting;

(e) it is equipped by a fully functional air-conditioning

system;

(f) it is a right-hand-drive motor vehicle;

(g) it is fitted with a taximeter in a place which is

clearly visible to passengers;

(h)

it is fitted with a two-way communication system

as specified by the Authority from time to time;

(i) it is fitted with a vehicle tracking device which

conforms to the Technical Specifications for Taxi Peripheral

Devices published by the Authority from time to time;

(j) it is fitted with an emergency button, or more,

which is within easy reach of both passengers and the taxi

driver, in accordance with the Technical Specifications for

Taxi Peripheral Devices published by the Authority from time

to time.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An application for a taxi licence, shall, inter alia,

specify the operator’s licence under which such a vehicle shall be

operated and such information shall be recorded on the relative

licence.

(2) A taxi shall only be used in the taxi operations of

the operator under whose licence it is registered unless otherwise

authorised by the Authority

Provided that the use of the taxi 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.

(3) Taxis shall only 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) An application for a taxi licence, shall, inter alia,

specify whether the taxi will be operated on the island of Malta

or on the island of Gozo and, such information shall be recorded

on the relative licence if and when this is issued. A taxi shall be

used and operated exclusively on the island which is specified on

its licence

Provided that taxis which are registered and licensed to

operate in the island of Gozo, may also carry passengers directly –

(a) from any place in Gozo to the Malta International

Airport, or from the Malta International Airport to any place

in Gozo; and

(b) from any place in Gozo to any hospital in Malta or

from any hospital in Malta to any place in Gozo

Provided further that while carrying out such trips, the

taxi driver shall not, while driving in any road in the island of

Malta pick up or drop off any other person

Provided further that taxis registered and licensed to

operate in the island of Malta shall not be used to convey any

person from any place in Malta to any place in Gozo or from

any place in Gozo to any place in Malta.

(5)

The operator shall when applying for a taxi

(a) present to the Authority proof that the initial

verification of the taximeter has been carried out; and

(b) present the vehicle to the Authority, or a body

approved by the Authority, for a visual and technical

inspection to ensure that the vehicle fulfils all the technical

specifications, constructional requirements and other

requirements laid down in these regulations

Provided that such verification or inspection shall not

have been carried out earlier than 45 days before the date of

application.

(6) An application for a taxi licence shall be

accompanied by the fee prescribed in the Second Schedule.

(7) The decision of the Authority to grant or refuse a

taxi licence shall be communicated in writing, by registered post,

to the applicant at the address specified in the application.

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

specify the reasons for its refusal.

(9)

Where the Authority intends to refuse an

application, it shall give the operator 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.

(10) The Authority shall notify in writing its final

decision to the applicant concerned and when an application is

refused by the Authority, the operator may appeal to the Tribunal

against the decision within a period of thirty days from notification

of the Authority’s decision.

(11) The number of taxis authorised on the operator’s

licence may be varied at anytime upon a request in writing to the

Authority.

(12) A taxi licence shall be valid for a period of one

year and shall be renewed every year thereafter.

(13) A taxi licence may only be transferable together

with the taxi in respect of which it is issued

Provided that taxi licences issued for the first time after

the coming into force of these regulations shall not be transferable

inter vivos for a period of five years from when they are first issued.

This proviso shall not apply to electric taxis.

(14) Where a taxi is transferred inter vivos from one

person to another as aforesaid within five years from when its taxi

licence is issued in breach of sub-regulation (13) of this regulation,

the taxi licence shall be forfeited and that motor vehicle shall no

longer be licensed as a taxi. This sub-regulation shall not apply to

taxis which were licensed as such at the date of coming into force

of these regulations

(15) For the purposes of this regulation, where a taxi is

registered in the name of or on behalf of a company, any transfers

of shares within that company resulting in a share transfer of the

controlling interest, whether in one transfer, or in a number of

separate share transfers, shall be considered to constitute a transfer

of the taxi.

(16) For the purpose of sub-regulation (14) “transfer

of controlling interest” shall be considered to mean one or more

transfers inter vivos which singly or in total amount to fifty per cent

of the shareholding or of the voting rights of the company.

(17) Where an applicant submits, together with

an application for a taxi licence, an application to the Authority

to de-register at least one taxi which is licensed as such before

the coming into force of these regulations, the licence applied

for shall not, for the purpose of this regulation, be considered as

a taxi licence which is issued for the first time in terms of these

regulations.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The granting of new taxi licences under regulation

21 shall be subject to the following number of taxis registered and

licensed with the Authority not being exceeded

(a) until the 31st December, 2010, the number of taxis

registered to operate on the island of Malta shall not exceed

220; while the number of taxis registered to operate on the

island of Gozo shall not exceed 50;

(b) throughout 2011, the number of taxis registered to

operate on the island of Malta shall not exceed 240; while the

number of taxis registered to operate on the island of Gozo

shall not exceed 50;

(c) throughout 2012, 2013 and 2014, the number of

taxis registered to operate on the island of Malta shall not

exceed 250; while the number of taxis registered to operate

on the island of Gozo shall not exceed 50

Provided that the said numbers of taxis –

(i) shall be inclusive of wheelchair accessible

taxis; and

(ii) shall not include electric taxis the market of

which is completely liberalised.

(2) As from the 1st January, 2015, the maximum

number under paragraph (c) shall no longer apply; provided that

the Authority shall, by the 30th June, 2014 hold consultations with

representatives of operators of taxis in order to be in a position to

analyse the impact if new taxi licences were to be granted.

(3) Notwithstanding a vehicle’s compliance with the

provisions of these regulations, the Authority shall not issue a taxi

licence, which is not a replacement licence, where the maximum

number of taxis has been reached.

(4) The Authority shall, for the purpose of granting

new licences during the years 2010 to 2014, as well as for the

granting to a new operator any taxi licence which shall have been

withdrawn or surrendered during the said period, issue a public call

for competitive tendering.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An application for the renewal of a taxi licence

shall be accompanied by the fee prescribed in Part 4 of the Second

Schedule.

(2) No taxi licence shall be renewed unless the

operator presents to the Authority together with the application for

renewal

(a) proof that the taxi is fitted with the devices required

under paragraphs (e), (g), (h), (i) and (j) of regulation 20;

(b) proof that the periodical verification of the

taximeter has been carried out; and

(c) proof that the tracking device has been inspected

by the Authority or a body approved by the Authority

Provided that such verification or inspection shall not

have been carried out earlier than 45 days before the date of

application for renewal.

(3) A taxi licence shall not be renewed where the

vehicle has reached its fifteenth year from its year of manufacture.

(4) Where the Authority intends to refuse an

application for renewal, it shall give the operator concerned notice

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

(5) 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.

(6) The Authority shall notify in writing its final

decision to the applicant concerned and when an application is

refused by the Authority, the operator may appeal to the Tribunal

against the decision within a period of thirty days from notification

of the Authority’s decision.

(7) The refusal to renew the taxi licence in terms of

these regulations shall have immediate effect notwithstanding any

appeal therefrom, unless otherwise directed by the Tribunal or a

Court of Criminal Jurisdiction.

(8) The decision of the Authority not to renew a taxi

licence shall become final on 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 final

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

the date on which the appeal is abandoned.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Registration marks allotted to vehicles which were

already registered and licensed as a taxi on the island of Malta

on the date of the coming into force of these regulations shall

comprise the Roman Alphabet letters “TAXI” followed by three

numbers from “001” to “200”.

(2) Registration marks allotted to vehicles which are

registered and licensed as a taxi on the island of Gozo on the date

of the coming into force of these regulations shall comprise the

Roman Alphabet letters “TAXI G” followed by three numbers

commencing from “001” onwards.

(3) Registration marks allotted to vehicles which shall

be granted a new taxi licence to be used on the island of Malta

after the coming into force of these regulations shall comprise

the Roman Alphabet letters “TAXI” followed by three numbers

commencing from “201” onwards.

(4) Registration marks allotted to electric taxis shall

comprise the Roman Alphabet letters “CAB” followed by any

three numbers as the Authority may decide or as the operator may

request.

(5) The registration number allotted to each taxi in

terms of the preceding sub-regulations shall also be painted on the

side of the front doors of the taxi in the format prescribed in Part

A1 of the Fourth Schedule in respect of taxis licensed to operate

only in the island of Malta, and in the format prescribed in Part A2

of the Fourth Schedule in respect of taxis licensed to operate only

in Gozo. The said number shall be painted by the operator in black

on a white background and each character of the number shall be

75 millimetres in height and 60 millimetres in width

Provided that in the case of electric taxis which do not

have rigid doors, such a number shall be painted wherever the

Authority may prescribe.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Every taxi shall be fit and safe in every respect for

the conveyance of passengers.

(2) If at any time during the validity of its licence,

a taxi is found to be in a state which is not fit and safe for the

conveyance of passengers, the taxi licence shall be suspended, until

such state is remedied to the satisfaction of the Authority.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

The Authority may conduct and call in taxis for

inspections, in which case the operator shall comply without delay

with such requests.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

No other horn other than that installed by the

manufacturer of the vehicle shall be used on a taxi;

Provided that where the horn installed by the

manufacturer of the vehicle needs to be replaced due to

malfunction or damage caused thereto, it shall only be

replaced by a horn of the same make. If this is not possible,

the prior written approval of the Authority must be sought for

the installation of a horn of a different make.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

The front doors, bonnet, the front mudguards and wheel-

arches of a taxi shall be painted white in colour.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Without prejudice to the provisions of regulation

28, a taxi may display advertisements and the taxi operations

contact details 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 or any regulation

issued thereunder, the Authority may suspend the licence of such

taxi 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 order an operator to remove

any advertising whatsoever from any of his taxis.

(5) An operator shall only use the word “taxi” in

advertising or marketing taxi services provided by him and

shall refrain from using the said word to promote other types of

passenger transport operations.

(6) The word “taxi” shall not be used to advertise

any service delivered through the use of any vehicle which is not

registered and licensed as a taxi.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Every taxi driver shall, while on duty, affix in the place Identification

designated by the Authority, the identification certificate issued by certificate.

the Authority to enable the hirer to identify the driver and operator

and provide him with such other information as the Authority may

prescribe.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

The operator shall not, without the prior written approval Modifications to

of the Authority, carry out or allow or procure to be carried out any

modifications to a taxi.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The Authority shall only register and license as

wheelchair accessible taxis, vehicles which allow easy and unaided

access to persons who make use of wheelchairs.

(2) No motor vehicle other than those duly licensed

as a wheelchair accessible taxi shall carry the sign prescribed

in Part B of the Fourth Schedule or any similar sign which may

mislead the public to believe that the particular motor vehicle is a

wheelchair accessible taxi.

(3) No person shall use, in the course of marketing his

taxi service operation, the sign prescribed in Part B of the Fourth

Schedule, or any similar sign which can create confusion with the

said sign, unless it truly operates wheelchair accessible taxis in

terms of these regulations.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Electric light quadricycles which conform with the

provisions of these regulations, other than

(a) paragraphs (b), (e), (g), (h), (i), and (j) of regulation

20;

(b) sub-regulation (5) of regulation 21;

(c)

sub-regulation (2) of regulation 23; and

(c) sub-regulation (5) of regulation 34

shall be licensed as electric taxis by the Authority in terms of these

regulations.

(2) Unless otherwise specifically provided, the

provisions of these regulations which regulate taxis shall mutatis

mutandis apply to the licensing and operation of electric taxis and

accordingly any references which include taxis in these regulations

shall be deemed to include a reference to electric taxis, provided

that the following regulations shall not be applicable to the

operation of electric taxis

(a)

regulations 35 to 46

Provided that the driver of an electric taxis shall comply

with the requirements of sub-regulation (3) of regulation 42

and shall give to the hirer a fiscal receipt at the end of any

hire;

(b)

paragraph (2) of regulation 47; and

(c)

regulation 59.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) All taxis shall display an electrically illuminated

TAXI sign which shall be fitted on the front middle part of the roof

between the front doors.

(2) The sign shall display the word TAXI in black

letters on a white background in the case of taxis which are

registered and licensed to provide taxi services in the island of

Malta and the word TAXI in red letters on a white background in

the case of taxis which are registered and licensed to provide taxi

services in the island of Gozo.

(3) The dimensions of the sign shall be such that the

surface of the sign which is capable of being illuminated shall be

at least 110 millimetres in height, at least 150 millimetres in width

and at least 450 millimetres in length.

(4) The sign shall be constructed of a durable material,

be weatherproof and be securely mounted on the roof of the

vehicle.

(5) The taxi sign shall be connected to the taximeter

in such a way that it shall automatically be switched off when the

taximeter is switched on, and shall automatically be switched on

when the taximeter is switched off.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Wheelchair accessible taxis shall be clearly marked

as such by means of a sign measuring 20cm by 20cm, as prescribed

in Part B of the Fourth Schedule, which sign shall be marked on

the front side doors of the taxi below the progressive number.

(2) In the case of wheelchair accessible taxis, the

illuminated taxi sign prescribed by regulation 34 shall, next to the

word TAXI bear a representation of the sign prescribed in Part B of

the Fourth Schedule.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Taximeters shall be initially and periodically Taximeters.

verified by the Malta Standards Authority in accordance with

regulations issued by the Minister responsible for that Authority

which may from time to time be in force.

(2) If any alteration is made to a taximeter which

has been initially verified or periodically verified, such taximeter

shall no longer be considered as verified by the Malta Standards

Authority and shall be required to be verified once again by that

Authority.

(3) Upon initial or periodical verification of the

taximeter in terms of regulations which may from time to time be

in force, an official seal shall be placed by the Malta Standards

Authority on such taximeter. That taximeter may be removed

and replaced only by persons approved by the Malta Standards

Authority.

(4) The operator shall ensure that the seal placed on

the taximeter in terms of sub-regulation (3) is not tampered with

or broken at any time without the approval of the Malta Standards

Authority.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Taximeters shall be fitted in such a position and in such Position of taximeter.

manner as required by the Authority, so as to be clearly legible by

the hirer in the taxi and by the driver.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

The taximeter shall have a device which enables the Device for printing

printing of fiscal receipts.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Before a taximeter is used for the first time in a taxi, it

shall be presented properly affixed to the taxi on which it is to be

used, in order that the initial verification may be made by the Malta

Standards Authority.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) A taximeter or taximeter-gearbox may be fitted

only to the taxi for which it has been tested and approved as

aforesaid.

(2) Where a taximeter or a taximeter-gearbox is fitted

on a taxi which is different from that for which it has been tested

and approved, the taximeter or taximeter-gearbox shall no longer be

considered as verified by the Malta Standards Authority and shall

only be considered to be verified once it is tested and approved by

the Malta Standards Authority on the vehicle on which it has been

fitted.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) No taximeter which is in any way defective or

tampered with may be used on a taxi and the vehicle to which it is

fitted shall be immediately withdrawn from service by the operator

until the taximeter is repaired or replaced by another taximeter and

verified by the Malta Standards Authority.

(2) No person shall tamper with a taximeter.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) (a) The driver shall at the commencement of

a hiring switch on the taximeter and cause it to start recording at

the initial fare stipulated in Table 1 of the First Schedule and shall

immediately on the completion of the hiring cause the taximeter

to cease recording, but the amount of fare recorded shall remain

displayed on the taximeter so as to permit the hirer to have a

reasonable opportunity of examining the said amount.

(b) For the purposes of this sub-regulation, the

expression “the commencement of the hiring” shall mean the time

when the passenger boards the taxi, unless otherwise clearly agreed

in advance between the driver and the hirer.

(2) At the end of the hiring and provided that the

hirer has not paid a fixed-fare, the taxi driver shall, on receiving

payment, give a fiscal receipt to the hirer stating the amount paid

by the hirer.

(3) The operator shall, without prejudice to any other

obligations under any other law dealing with fiscal receipts and

financial records, ensure that copies of all fiscal receipts issued by

a driver of any taxi operated by that operator are kept for a period

of at least six months and such records shall be accessible to the

Authority.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The operator shall ensure that the tracking device

installed in each of the taxis operated by him is kept in good

working condition at all times and that any faults or breakdowns

shall be reported immediately to the Authority.

(2) The operator shall not tamper with, nor allow any

driver or third party to tamper with, the tracking devices installed

in the taxis operated by him.

(3) When the tracking device installed in a taxi is in

any way defective or tampered with, the operator shall immediately

withdraw such taxi from service until the tracking device is

repaired or replaced.

(4) The driver shall keep the tracking device switched

on at all times while on duty, and shall cause the device to record

and transmit all such information as may be prescribed by the

Authority. This information shall be retained by the operator for a

period of time as prescribed by the Authority from time to time.

(5) The operator shall, at 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.

(6) The tracking device shall be inspected by the

Authority or a body approved by the Authority, to ensure that it

conforms to the Technical Specifications for Taxi Peripheral

Devices published by the Authority from time to time and upon

establishing such conformity, an official seal shall be placed on

such tracking device by the Authority or by 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.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Taxis shall be fitted with a surveillance camera, in Surveillance camera.

accordance with the Technical Specifications for Taxi Peripheral

Devices prescribed by the Authority from time to time, which shall

be positioned in a way as to capture the back seat area of the taxi.

(2) Taxis shall have affixed, on a place within the taxi

which is clearly visible to a person who hires the taxi, a sticker

denoting that the taxi is fitted with a surveillance camera.

(3) The surveillance camera shall be kept switched on

at all times while the taxi is on duty and shall record and transmit

the images captured to a control room designated by the Authority,

which images shall, however, only be accessible to

(a) the Police in the event that they receive a report

or otherwise become aware that a criminal offence has been

committed or may have been committed in the particular taxi;

and

(b) the Authority in the event that it receives a report

or otherwise becomes aware that an infringement of these

regulations has been committed.

(4) The Police and the Authority may use any such

recording as evidence in any case brought before the courts of

criminal jurisdiction or in any case brought against an operator or

driver for an infringement of these regulations.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

A driver of a taxi shall keep the two-way communication

system switched on while on duty in such a way that enables him

to receive and impart communications from and to the Authority

and from and to the operator and other drivers employed or

engaged by the same operator, but shall not use the device for idle

conversation.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

The driver shall ensure that the temperature within the

taxi is kept at a comfortable ambient temperature at all times while

on duty, unless otherwise specifically agreed with the hirer.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) While a taxi is on hire, the operator and the driver

shall not allow any person or thing to be carried in, on or about the

taxi without the consent of the hirer.

(2) The taxi driver shall ensure that the luggage

compartment of the taxi is not kept open in such a way as to hinder

the view of the taxi driver while he is driving and shall moreover

ensure that the luggage is stored securely in the luggage booth.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

The driver shall, immediately after the termination of

any hiring, search the taxi and, if any property which may have

been left therein is found, surrender such property to the Police

within twenty four hours from finding such property.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The driver shall, while on duty, wear clean and

appropriate clothing.

(2) The officers of the Authority, local wardens and the

Police may order a driver to stop working if in their opinion, the

driver is not properly dressed.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

No driver shall carry a greater number of persons than

that fixed in the taxi registration certificate.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) A driver shall at all times conduct the taxi under Control of vehicle.

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.

(2) Drivers shall drive the taxi in a prudent manner so

as not to make the passengers feel, in any way, unsafe, or in such a

way that causes anxiety to such passengers.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Drivers may, when driving a taxi, use the lane of a

carriageway indicated as a priority vehicle lane.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

No driver shall drive any taxi while wearing, or using Use of apparatus

on both ears, earphones or headphones or any other device which while driving.

may hinder or is likely to hinder that person from hearing properly,

with the exception of two-way communication systems and hands-

free devices.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1)

Drivers shall not hold lengthy discussions while

driving a taxi.

(2) Drivers shall not play any audio device while

carrying passengers in a taxi unless this has been agreed to with

the hirer.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1)

Every taxi shall be kept constantly clean by the

operator.

(2) Every operator shall ensure that taxis operated by

him, including the equipment fitted thereon, are maintained in good

order and in a good state of repair at all times.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) No operator or driver shall permit petrol or any

other inflammable liquid or material to be carried in a taxi except

in the fuel-tank of the said vehicle.

(2) No driver shall permit any weapons or loaded fire-

arms to be carried in the taxi.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) No passenger or driver may smoke while he is in a

taxi.

(2) Every operator shall keep affixed within the taxi

in a place which is clearly visible to the passengers, a notice

stipulating that smoking is not allowed within the taxi.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) An operator shall ensure that every taxi operated

by him shall, at all times, carry a fire extinguisher, a security

triangle, and a first-aid kit, in such a position as to be available for

immediate use in cases of emergency.

(2) In cases of emergency, the driver shall, if possible,

press the emergency button.

(3) The emergency button shall bear a sticker clearly

indicating the words “use in cases of emergency only”.

(4) No person shall intentionally push the emergency

button unless there exists an emergency situation.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) No driver shall without reasonable cause refuse

to hire the taxi being driven by him to any given place, or, at the

choice of the person requiring the hiring of the taxi, for a specified

or unspecified time not exceeding four hours.

(2) A driver who has agreed or has been hired to be in

attendance with a taxi, at an appointed place and time, shall attend

with such taxi at such appointed time and place.

(3) During the continuance of the hiring of a taxi by

a hirer, a driver of a taxi other than an electric taxi shall wait with

the taxi at such places and for such time as the hirer may lawfully

direct.

(4) A driver of a taxi when asked to drive to any

particular destination shall, subject to any directions given by the

hirer, proceed to that destination by the most expeditious route.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) It shall not be lawful for a taxi driver to pass Solicitation and

through the streets at a very slow speed, for the purpose of letting

out the taxi, or to annoy any person by soliciting hire, either

personally or through others.

(2) The drivers of the first three taxis standing for hire

on any taxi stand or electric taxi stand, as the case may be, shall

not leave their taxi while it is so standing for hire. The drivers of

any other taxi standing for hire as aforesaid shall remain within

easy reach and shall immediately take charge of their taxi as soon

as their turn comes to take their place among the first three taxis

Provided that either the Police or the officers of

the Authority may, when it appears to either of them that the

enforcement of the provisions of this regulation may cause

hardship through long exposure to the sun, dispense such drivers

from compliance therewith.

(3) No person shall hire a taxi from any taxi stand or

an electric taxi stand, as the case may be, nor shall the driver of a

taxi on any stand accept a hire, unless, in each case, such taxi is the

first on the stand

Provided that if the driver of the first taxi is not in the

taxi, the first taxi on the stand with a driver in it shall be deemed to

be the taxi first available for hire

Provided further that where a person who uses a

wheelchair wishes to hire a taxi from a stand and a wheelchair

accessible taxi is standing for hire on such stand, such wheelchair

accessible taxi shall be deemed to be the taxi first available for hire

for such purpose.

(4) Where a driver of a taxi which is the first in line on

any stand refuses to hire a taxi in contravention of this regulation,

the taxi of such driver shall, without prejudice to any other fine or

punishment, lose its place on the stand and be replaced by the next

taxi.

(5) While a taxi is standing for hire, its driver shall not

call or otherwise importune any person to hire such a taxi and shall

not make use of the services of any other person for such purpose.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) A taxi may ply for hire, provided that the driver

shall not offer its services or accept a hire from any person within

a radius of one hundred metres from a taxi stand and, or within a

radius of fifteen metres from any bus stop or fare stage.

(2) While a taxi is plying for hire, the driver shall not

call or otherwise importune any person to hire such a taxi and shall

not make use of the services of any other person for such purpose.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Drivers who drive wheelchair accessible taxis shall give

priority for hire to people who use wheelchairs.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) No fare shall be levied for the hire of a taxi, other

than an electric taxi, which is higher than the fixed-fare, when such

a fixed-fare is applicable in terms of Table 2 of the First Schedule.

(2) No fare shall be levied for the hire of an electric

taxi which is higher than the electric taxi maximum fare established

in terms of Table 3 of the First Schedule.

(3) When no fixed-fare is applicable to the hire of a

taxi, other than an electric taxi, the fare shall be the fare shown by

the taximeter which fare may be

(a) discounted by such fixed percentage as advertised

by the operator; or

(b)

discounted as agreed between the hirer and the

driver.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

An operator shall keep affixed within the taxi in the

manner determined by the Authority, a copy issued by the Authority

of the maximum tariffs together with any percentage discount of

the said tariff established by the operator.

PART VI

TAXI STANDS AND TAXI BOOTHS

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The Authority shall designate and mark taxi stands

with an appropriate sign showing the number of taxis which may

stand for hire on such stands.

(2) The Authority shall designate and mark electric

taxi stands with an appropriate sign showing the number of electric

taxis which may stand for hire on such electric taxi stands.

(3) Only taxis may park or wait on a taxi stand, and no

other motor vehicle, including electric taxis, shall park or wait on

a taxi stand.

(4) Only electric taxis may park or wait on an electric

taxi stand, and no other motor vehicle shall park or wait on an

electric taxi stand.

(5) No other taxi shall stand on a taxi stand while the

maximum number of taxis indicated on the taxi stand sign has been

reached.

(6) No other electric taxi shall stand on an electric taxi

stand while the maximum number of electric taxis indicated on the

electric taxi stand sign has been reached.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Taxi service operators may, subject to the

permission of the possessor of the land and to any requirement

stipulated in any other law, set up and operate taxi booths in

the places prescribed as departure points in Table 2 of the First

Schedule.

(2) Where a taxi-booth is in operation, a hirer shall

purchase a pre-paid fixed-fare ticket from such booth and present it

to the driver when boarding the taxi.

(3) Where a taxi-booth is in operation, no driver shall

hire a taxi under his charge unless he is first presented with the pre-

paid fixed-fare ticket by the hirer when boarding the taxi.

(4) Fixed-fare tickets shall consist of two parts, one

being a fiscal receipt to be kept by the hirer and a counterfoil which

is to be given to the driver of the taxi.

(5) On presentation of the fixed-fare ticket counterfoil

by the taxi service operator to the booth operator, the booth

operator shall pay the value of such ticket to the taxi service

operator less a pre-agreed commission which is to be retained by

the booth operator.

(6) The taxi service operator shall, without prejudice

to any other obligations under any other law dealing with fiscal

receipts and financial records, ensure that counterfoils of all fixed-

fare tickets are kept for a period of at least six months and such

records shall be accessible by the Authority.

(7) The provisions of this regulation shall not apply to

electric taxis.

PART VII

OFFENCES AND PENALTIES

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) Any person who commits a breach of

(a) sub-regulation (1) of regulation 3,

(b) sub-regulation (1) of regulation 9,

(c) sub-regulation (1) of regulation 19,

(d) regulation 36,

(e) sub-regulation (2) of regulation 41, and

(f) regulation 43,

of these regulations shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) not exceeding ten thousand

euro (€10,000), or to imprisonment for a period of not more than

six months, or to both such fine and imprisonment. Furthermore,

the court may order the immediate revocation of any authorisation,

or licence or permit held in terms of these regulations by the person

found guilty of such an offence.

(2) A person who is found guilty of breaching

regulation 36 , or regulation 41(2) shall, in addition to the penalty

prescribed in sub-regulation (1) of this regulation and the penalty

points in terms of the provisions of regulation 68, be liable

(a) for a first offence, to the confiscation of the taxi for

a period of not less than one month but not exceeding three

months;

(b) for a second offence, to the confiscation of the taxi

for a period of not less than three months but not exceeding

six months; and

(c) for a third or any subsequent offence to the

confiscation of the taxi for a period of not less than six months

but not exceeding one year.

The confiscation of the taxi shall take place irrespective

of whether the offender is the owner of the motor vehicle or

otherwise.

(3) A person who contravenes any of these

regulations other than those stipulated in sub-regulation (1)

of this regulation shall be guilty of an offence and shall, on

conviction, be liable to a fine (ammenda) not exceeding three

thousand euro (€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 (ammenda) in terms of this sub-regulation, where such

person is an operator or a driver.

(4) When an operator or driver is found guilty of

contravening any of the provisions of the Traffic Regulation

Ordinance or any regulations made thereunder, or the Act or any Cap. 65.

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.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The Authority shall impose the administrative Penalty points and

penalties prescribed in column 2 of the Fifth Schedule and administrative

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 column 1 of the Fifth

Schedule.

(2) The Authority shall impose the administrative

penalties prescribed in column 3 of the Fifth Schedule and the

corresponding penalty points calculated in terms of sub-regulation

(4) of this regulation on any driver who contravenes the provisions

of the regulations included in column 1 of the Fifth Schedule.

(3) Where a licence or 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 that licence or permit holder, in addition to the

administrative penalties prescribed in the Fifth Schedule 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 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 euro

(€10,000).

(6) The Authority shall not impose administrative

penalties on a person for a breach of these regulations where

criminal proceedings have already been instituted in court against

such person with respect to the said breach.

(7) 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

proves that the offence was committed without his knowledge and

that he exercised all due diligence to prevent the commission of

such breach.

(8) Where a breach of these regulations is committed

by a partnership, company or other legal persons, be it corporate

or un-incorporate, the Authority shall hold every person who

at the time of the commission of the breach was a designated

person, partner, director, 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.

(9) The Authority shall, before imposing an

administrative penalty in terms of these regulations, inform the

person on whom the penalty is imposed of its intention to do so

by notice in writing. Every 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 such representations before arriving at a final decision. The

Authority shall notify in writing its final decision to the applicant

concerned.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Notwithstanding the provisions of sub-regulations (3)

and (4) of regulation 67, where a person contravenes the same

provision of these regulations more than once within a period of

six consecutive months, there shall be imposed upon him two

penalty points for every ten euro (€10) imposed upon him by order

of the court or a local tribunal in terms of regulation 67 or by the

Authority in terms of regulation 68, as the case may be.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) A person aggrieved by the decision of the Right of appeal

Authority to impose administrative penalties and the corresponding from

penalty points may within thirty days from the date when such and administrative

decision is communicated to him, lodge an appeal therefrom with penalties.

the Tribunal.

(2) The Tribunal 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 Tribunal, and, or by the Court of

Appeal, where 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 Tribunal or the Court of Appeal, 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 or permit

granted in terms of these regulations, the person in whose name

such licence or permit is granted owes the Authority a civil debt

in terms of sub-regulation (2) of this regulation, such licence or

permit shall not be renewed unless and until such debt is settled in

full.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) In the event that the Authority imposes an

administrative penalty in terms of regulation 68, 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 shall 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 before the Tribunal.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) The Authority shall –

(a) suspend a taxi operator’s licence if, at any time, its

holder accumulates five hundred penalty points in terms of

these regulations and, or in terms of the Passenger Transport

Services Regulations, 2009; or

(b) revoke a taxi driver permit if, at any time, its

holder accumulates two hundred penalty points in terms of

these regulations and, or in terms of the Passenger Transport

Services Regulations, 2009

Provided that such a permit shall also be revoked where

the holder of the permit accumulates one hundred penalty

points in terms of these regulations and, or in terms of the

Passenger Transport Services Regulations during the first

five years from the date on which that person is granted a taxi

driver permit

Provided further that the preceding proviso shall not

apply to drivers who had been granted a taxi driver’s tag

by the Authority before the coming into force of these

regulations.

(2) Where the Authority suspends a licence in terms

of sub-regulation (1) (a), it shall, on the lapse of the suspension,

cancel all penalty points imposed upon the operator, and notify him

accordingly.

(3) Without prejudice to the provisions of sub-

regulation (1), the Authority shall not suspend an operator’s

licence or a driver’s permit where the operator or the driver, as the

case may be, has entered an appeal before the Tribunal or a court

from a decision of the Authority on the imposition of any of the

accumulated penalty points.

(4) Where an operator or a driver incurs less than

sixteen penalty points within a period of thirty-six consecutive

months, the Authority shall, on the lapse of such period, cancel all

penalty points imposed upon him, and shall notify the operator or

driver accordingly.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

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 of such person shall be suspended until a

definitive judgment is delivered in such proceedings

Provided that where the operator or driver is found guilty of

the offence he is charged with, the Court shall order that the licence

of such operator or driver, as the case may be, shall be withdrawn

by the Authority.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Where a taxi driver permit has been suspended or Driving licence to

revoked or is no longer in force, for any reason, the driver shall Authority.

immediately forward his driving licence to the Authority and the

Authority shall amend that driving licence accordingly.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Any person whose licence and, or permit has been Prohibition to apply

withdrawn under these regulations may not apply for a new licence for a licence or permit.

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 VIII

GENERAL AND TRANSITORY PROVISIONS

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Any person aggrieved by a decision taken by the Appeal to the

Authority under these regulations shall have the right to appeal Tribunal.

therefrom to the Tribunal within thirty days from the date the

decision on which the appeal is entered is communicated to the

person concerned.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

(1) A person who on the date of publication of these

regulations is registered with the Authority as the registered owner

of a taxi shall have three months from the coming into force of

these regulations to apply for and obtain a taxi operator’s licence

in terms of these regulations provided that such person shall

be allowed to operate taxis and shall be considered as being an

operator for the purposes of these regulations within the said period

of three months.

(2) A person who applies for a licence in terms of the

provisions of sub-regulation (1) shall be exempted from

(a) paying the initial application fee prescribed in Part

1 or Part 5 of Schedule 2;

(b) the requirements of paragraph (e) of regulation 7.

Malta Government Gazette — Legal Notice 2010 369 — Taxi Services Regulations, 2010

Persons who, on the coming into force of these

regulations, are authorised by the Authority to drive taxis and

who hold a tag in terms of regulation 131 of the Motor Vehicles

Regulations, 1994 shall have three months from the entry into

force of these regulations to apply and obtain a taxi driver permit

under these regulations, and shall be exempted from paying the

initial application fee prescribed in Part 2 of the Second Schedule

and from the provisions of sub-regulation (1) of regulation 12 of

these regulations.

B

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