Passenger Transport Services (Amendment) Regulations, 2010

L.N. 75 of 2010

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 449)

Passenger Transport Services (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 54 of the

Traffic Regulation Ordinance and by article 43 of the Authority for

Transport in Malta Act, the Minister for Infrastructure, Transport

and Communications has, in consultation with the Authority for

Transport in Malta, made the following regulations:-

The title of these regulations shall be the Passenger

Transport Services (Amendment) Regulations, 2010, and they shall

be read and construed as one with the Passenger Transport Services

Regulations, hereinafter referred to as “the principal regulations”.

The scope of these regulations is to transpose –

(a) Article 9 of Directive 2006/22/EC on minimum

conditions for the implementation of Council Regulations

(EEC) Nos 3820/85 and 3821/85 concerning social legislation

relating to road transport activities;

(b) Commission Directive 2009/4/EC on counter

measures to prevent and detect manipulation of records of

tachographs, and

(b) Commission Directive 2009/5/EC amending Annex

III to Directive 2006/22/EC.

Regulation 102 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof immediately after the

words “of the undertaking” there shall be inserted the words

“in particular for the purposes of and”, and immediately after

the words “with Directive 2006/22/EC” there shall be inserted

the words “and during inspections for the purposes of the

said Directive, authorized inspecting officers shall follow the

guidelines on the seriousness of infringements provided for in

the Twelfth Schedule to these regulations”; and

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) in paragraph (b) thereof for the words

“tachograph sheets.” there shall be substituted the words

“tachograph sheets, and”;

(ii) immediately after paragraph (b) there shall be

added the following new paragraph

“(c) specific analysis equipment, with

appropriate software, to verify and confirm the

digital signature attached to data, as well as specific

analysis software to provide a detailed speed

profile of vehicles prior to the inspection of their

recording equipment.”; and

(c) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulations

“(3) The Authority shall introduce a risk rating

system for undertakings for the purposes of Article 9 of

Directive 2006/22/EC.

(4) A transport undertaking with a high risk

rating under the risk rating system introduced under sub-

regulation (3) may make representations to the Authority

regarding its rating. The Authority shall consider

the representations and notify the undertaking of its

conclusions.”.

Regulation 103 of the principal regulations shall be Amends regulation

amended as follows

(a) paragraph (e) thereof shall be renumbered as

paragraph (f); and

(b) immediately after paragraph (d) thereof there shall

be inserted the following new paragraph

B

(b) immediately after paragraph (d) thereof there

shall be inserted the “(e)

where new

appropriate,

paragraph: and with due regard to

following

safety considerations, a verification of the recording

equipment

installed in

and vehicles

with due in regard

order to detect the

“(e)

where appropriate,

installation

and, or

use of any device,

of the or devices,

to safety

considerations,

a verification

recording equipment installed in vehicles in order or alter any

intended

to

destroy,

suppress,

manipulate

data,

the or installation

which is intended

and, or to use

interfere

with any part of

to detect

of any

device, the

electronic

data exchange

to destroy, between

suppress, the component

or devices,

intended

parts or of alter

recording

equipment,

or which or

is which

inhibits or alters

manipulate

any data,

intended

the data

with in any

such part

ways

of prior

to encryption;”.

to interfere

the electronic

data

exchange between the component parts of

Immediately

after

or the

Eleventh

inhibits Schedule

or alters to the principal

Addition of new

recording

equipment,

which

Twelfth Schedule

regulations there shall be added the following new Schedule

the

data

in

such

ways

prior

to

encryption;”.

to the principal

regulations.

Addition of new

5. Immediately after the Eleventh Schedule to the principal

Twelfth Schedule to

regulations there shall be added the following new Schedule

the principal

regulations.

“TWELFTH SCHEDULE

(Regulation 102)

Guidelines on a common range of infringements against Regulation (EC) No 561/2006 of

the European Parliament and of the Council dated 15 March, 2006 on the harmonisation

of certain social legislation relating to road transport and Council Regulation (EEC) No

3821/85 of the 20 December 1985 on recording equipment in road transport, as amended,

divided into categories according to their gravity.

1. Groups of infringements against Regulation (EC) No 561/2006

No.

Legal

Type of infringement

Level of

basis

seriousness*

VSI SI MI

A

Crew

Art. 5.1

Not respecting minimum age for drivers

X

B

Driving periods

Art. 6.1

Exceed daily driving time of 9 hours if

9h<…<10 h

X

possibilities to extend to 10 h not allowed

10h<…<11 h

X

11 h<…

X

Exceed extended daily driving time of 10

10h<…<11 h

X

hours if extension not allowed

11h<…<12 h

X

12 h<…

X

B

Art. 6.2

Exceed weekly driving time

56 h<…<60 h

X

60 h<…<70 h

X

70 h<…

X

Art. 6.3

Exceed accumulated driving time during 2

90 h<…<100 h

X

consecutive weeks.

100 h<…<112 h 30

X

112 h 30<…

X

C

Breaks

Art. 7

Exceed uninterrupted driving time

4 h 30<...<5 h

X

5 h<...<6 h

X

6 h<...

X

D

Rest periods

Art. 8.2

Insufficient daily rest period of less than 11

10 h<…<11 h

X

hours if reduced daily rest period not

8 h 30<...<10 h

X

allowed.

...8 h 30

X

Insufficient reduced daily rest period of less

8 h <…<9 h

X

than 9 hours if reduced daily rest period

7 h<...<8 h

X

allowed

…<7 h

X

Insufficient split daily rest period of less

3 h + (8 h<…<9 h)

X

than 3 hours + 9 hours

3 h + (7 h<…<8 h)

X

3 h + (…<7 h)

X

Art. 8.5

Insufficient daily rest period of less than 9

8 h<…<9 h

X

hours for multi-manning

7 h<...<8 h

X

…<7 h

X

Art. 8.6

Insufficient reduced weekly resting period

22 h<…<24 h

of less than 24 hours

20 h<…<22 h

…<20 h

Insufficient weekly resting period of less

42 h<…<45 h

X

than 45 hours if reduced weekly resting

36 h<…<42 h

X

period not allowed

…<36 h

X

E

Types of payment

Art. 10.1

Link between wage and distance travelled or amount of goods

X

carried

(*) VSI = Very Serious Infringement

SI = Serious Infringement MI = Minor Infringement

2. Groups of infringements against Regulation (EEC) No 3821/85

Type of infringement

Installation of recording equipment

No type approved recording equipment installed and used

Use of recording equipment, driver card or record sheet

Recording equipment not correctly functioning (for example

recording equipment not properly inspected, calibrated and sealed)

Recording equipment improperly used (not using a valid driver card,

voluntary abuse, etc)

Not carrying a sufficient number of record sheets

Model of record sheet not approved

Not carrying enough paper for printouts

Undertaking not keeping record sheets, printouts and downloaded

data

Driver holding more than one valid driver card

Use of driver card which is not the driver’s own valid card

Use of defective or expired driver card

Recorded and stored data not available for at least 365 days

Use of dirty or damaged sheets or driver cards and data legible

Use of dirty or damaged sheets or driver cards and data not legible

Failure to apply for replacement of damaged, malfunctioning, lost or

stolen driver card within 7 calendar days

Incorrect use of record sheets/driver card

Unauthorised withdrawal of sheets or driver card which has an

impact on the record of relevant data

Unauthorised withdrawal of sheets or driver card without any impact

on data recorded

Record sheet or driver card used to cover a period longer than that

for which it is intended but no data is lost

Record sheet or driver card used to cover a period longer than that

for which it is intended and data is lost

Not using manual input when required to do so

Not using correct sheet or driver card not in the correct slot (multi-

manning)

Time recorded on the sheet does not agree with official time of

country of registration of the vehicle

Incorrect use of switch mechanism

Fill in information

Surname missing on record sheet

First name missing on record sheet

Date of begin or end of use of the sheet missing

Place of begin or end of use of the sheet missing

Registration number missing on record sheet

Odometer reading (start) missing on record sheet

Odometer reading (end) missing on record sheet

Time of change of vehicle missing on record sheet

Symbol of country not entered in recording equipment

Producing information

Refuse to be checked

Unable to produce records of current day

Unable to produce records of previous 28 days

Unable to produce records of the driver card if the driver holds one

Unable to produce manual records and printouts made during the

current day and the previous 28 days

Unable to produce driver card

Unable to produce printouts made during the current day and the

previous 28 days

Fraud

Falsify, suppress, destroy data recorded on record sheets, stored in

the recording equipment or on the driver card or print-outs from the

recording equipment

Manipulation of recording equipment, record sheet or driver card

which may result in data and/or printouts information being falsified

Manipulation device that could be used to falsify data and/or

printouts information present on vehicle (switch/wire …)

Breakdown

Not repaired by an approved fitter or workshop

Not repaired en route

Manual input on printouts

Driver not marking all information for the periods of time which are

no longer recorded while recording equipment is unserviceable or

malfunctioning

Driver card number and/or name and/or driving licence number

missing on temporary sheet

B

Signature missing on temporary sheet

X

Art. 16.3

Loss or theft of driver card not formally declared to the competent

X

authorities of the Member State where the theft occurred

(*) VSI = Very Serious Infringement

SI = Serious Infringement MI = Minor Infringement

€0.65