Vehicle Hire Services Regulations, 2010

L.N. 88 of 2010

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Vehicle Hire Services Regulations, 2010

IN exercise of the powers conferred by article 43 of

the Authority for Transport in Malta Act, the Minister for

Infrastructure, Transport and Communications, after consultation

with the Authority for Transport in Malta, has made the following

regulations:-

The title of these regulations is the Vehicle Hire Services

Regulations, 2010.

In these regulations, unless the context otherwise

“authorisation” means an authorisation given by the

Authority under these regulations to a vehicle hire service

operator;

“the Authority” means the Authority for Transport in

Malta as established by article 5 of the Authority for Transport

in Malta Act;

“bicycle assisted by an engine” means a bicycle which is

propelled by a combination of pedals and a motor;

“the European Union” has the same meaning as is given

to it in the European Union Act and includes Norway, Iceland

and Liechtenstein;

“goods carrying vehicle” means any N1, or N2 or N3

motor vehicle;

“hire” shall include a long-term lease covered by a lease

agreement;

“hirer” means a person who is granted the right to drive

a hired motor vehicle for the duration of a hire;

“Malta Environment and Planning Authority” means

the Malta Environment and Planning Authority as established

under the Development Planning Act;

“M1 vehicle” means a motor vehicle used for the

carriage of passengers and comprising no more than eight

seats in addition to the driver’s seat;

“M2 vehicle” means a motor vehicle used for the

carriage of passengers, comprising more than eight seats in

addition to the driver’s seat, and having a maximum mass not

exceeding 5 tonnes;

“M3 vehicle” means a motor vehicle used for the

carriage of passengers, comprising more than eight seats in

addition to the driver’s seat, and having a maximum mass

exceeding 5 tonnes;

“Member State” means a Member State of the European

Union;

“motor cycle” means a two-wheel vehicle, without or

with a sidecar, fitted with an engine having a cylinder capacity

of more than 50 cm 3 of the internal combustion type and,

or having a maximum design speed of more than 45 km/h,

which, for the purpose of these regulations, is licensed to be

hired from a vehicle hire service operator;

“motor tricycle” means a vehicle with three

symmetrically arranged wheels fitted with an engine;

“motor vehicle” means any mechanically self-propelled

vehicle, including a motor cycle, a motor tricycle and a

bicycle assisted by an engine, intended for use on the road,

other than a vehicle running on rails, which, for the purpose

of these regulations, is licensed to be hired from a vehicle hire

service operator;

“N1 vehicle” means a motor vehicle used for the

carriage of goods and having a maximum mass not exceeding

5 tonnes;

“N2 vehicle” means a motor vehicle used for the

carriage of goods and having a maximum mass exceeding 3.5

tonnes but not exceeding 12 tonnes;

“N3 vehicle” means a motor vehicle used for the

carriage of goods and having a maximum mass exceeding 12

tonnes;

“operator” means any person authorised by the Authority

to operate a vehicle hire service;

“passenger carrying vehicle” means any M1, M2 or M3

motor vehicle;

“vehicle hire service” means the offering of motor

vehicles for hire.

3. (1) No person shall operate a vehicle hire service

without an authorisation from the Authority.

(2) No such authorisation shall be given unless the

applicant intends to have registered and licensed for such purpose

at least four motor vehicles and such authorisation shall be

withdrawn by the Authority if its results in any given time that the

number of vehicles being operated under the said authorisation is

less than four vehicles.

(3) To qualify for an authorisation, an applicant –

(a) shall have a proper office from where the service

shall be administered; and

(b) shall provide proof that he is in possession of a

premises, approved for the purpose by the Malta Environment

and Planning Authority, in which he shall garage every motor

vehicle registered and licensed in the name of the operator

whilst not hired or leased out.

(1) An application for authorisation to operate a vehicle

hire service may be made by

(a) a physical person;

(b) a partnership;

(c) a cooperative society, or

(d) a company.

(2) Every application shall be made on the prescribed

form and shall be signed

(a) where the application is made under sub-regulation

(1)(a), by the individual making the application; and

(b) where the application is made under sub-regulation

(1)(b), (c) or (d) by a person duly authorised by the

partnership, cooperative or company.

(3) An application to operate a vehicle hire service

shall be subject to a fee of twenty euro (20) and shall include a

declaration by the applicant whereby the applicant confirms that

every motor vehicle shall be parked in a premises whilst not hired

out or leased. The applicant shall provide the address or addresses

of the said premises, together with copies of the permits issued by

the Malta Environment and Planning Authority and a floor plan

of the premises duly signed and certified by an architect and civil

engineer (perit) identifying the floor area which will be used for

the garaging of vehicles not hired or leased out.

(4) Where an operator already established in Malta

applies for any additional authorization, or where an operator

established in another Member State applies for authorisation

from the Authority, the operator shall not be required to undergo

requirements and controls which are equivalent or essentially

comparable as regards their purpose to which the applicant is

already subject in Malta or another Member State.

(5) Where an applicant is not already established

in Malta or in another Member State and proposes to act as an

operator in more than one place in Malta in the same application

process (Dual Application) or following the first application

(Subsequent Application), the applicant shall

(a) in the case of a Dual Application, not be required

to provide the information which is common to both places

more than once but shall provide any information which is

specific or particular to such additional places; and

(b) in the case of a Subsequent Application, provide

only that information which was given in the original

application and which is at the date of such subsequent

application not valid anymore and provide that information

which is specific or particular to such additional places in

accordance with paragraph (a)

Provided that the term “applicant” shall not include those

applicants which have had their application or applications

validly and conclusively refused by the Authority.

(6) Notwithstanding anything contained in sub-

regulations (4) and (5), the applicant shall still complete any

application form as may be required by the Authority.

(1) Complete applications for authorisation shall be

acknowledged by notice in writing by the Authority within seven

days from the day of receipt and that notice shall specify

(a) the period within which the application shall be

processed in accordance with these regulations;

(b) the available means of redress where the Authority

refuses an application for an authorisation; and

(c) a statement that in the absence of a response within

the period referred to in paragraph (a), the authorisation shall

be deemed to have been granted.

(2) In the case of an incomplete application, the

applicant shall be informed within seven days of receipt about the

need to supply any additional documentation.

(1) When an application has been made in accordance Investigations and

with these regulations, the Authority shall make such investigations inspections.

and carry out such inspections as are reasonably required to ensure

conformity with these regulations, and the Authority shall inform

the applicant by notice in writing by not later than fifteen days from

receipt of all the relevant documents of the Authority’s decision on

the application and, where it intends to refuse the application, it

shall give the reasons therefor

Provided that where circumstances necessitate an

extension for consideration of an application, such period may

be extended once by the Authority for a period not exceeding

fifteen days and the applicant shall be notified of the extension, its

duration and the reasons therefor.

(2) Where the Authority has not taken a decision within

the prescribed or extended period referred to in this regulation the

application shall be deemed to have been decided in favour of the

applicant.

(1) An operator may at any time give notice to the

Authority stating that, after such date as may be specified in the

notice, such operator does not propose to continue to act as

an operator under any of the authorisations granted or under

such authorisation as may be specified in the notice, and any

authorisation to which the said notice relates shall cease to have

effect on the date so specified in relation to it

Provided that where an operator opts to cease to operate

the vehicle hire service for a period of time not exceeding one

calendar month in any particular calendar year, the operator shall

seek the prior approval of the Authority, and such approval shall

be granted by the Authority if it is satisfied that reasonable grounds

exist for temporary closure

Provided further that where an operator ceases to

operate the vehicle hire service without permission from the

Authority or beyond the term allowed, the Authority may revoke

the authorisation.

(2) The Authority may at any time and on reasonable

grounds suspend, withdraw or revoke an authorisation by giving

an operator a notice in writing containing the reasons for such

suspension, withdrawal or revocation

Provided that unless there exist gross acts of misconduct

or negligence or any other serious grounds for immediate

suspension, withdrawal or revocation, the operative date of such

notice shall be not less than twenty-eight days from the date of

notification.

(3) An authorisation in respect of which a notice

is given in accordance with sub-regulation (2) shall, unless it is

cancelled before that date, cease to have effect on the date specified

in the notice.

(4) Upon the termination or revocation of an

authorisation, any person previously qualifying as an operator who

opts to re-apply for authorisation shall make a fresh application

and the Authority shall be furnished afresh with any information

and documents which are to be supplied with any new application.

Any person aggrieved by any decision of the Authority

not to grant or renew, or to suspend or to revoke an authorisation, or

to impose conditions, limitations or exclusions therein or therefor,

shall have the right to enter within twenty one days from the

notification of such decision an appeal before the Administrative

Review Tribunal established under the Justice Administrative Act.

An authorisation granted under these regulations may

not be assigned or transferred in any way whatsoever to any other

person, and any such assignment or transfer to any other person

shall be considered null and void and shall constitute sufficient

grounds for the Authority to cancel that authorisation.

(1) Save for the provisions of regulation 7 hereof, the Renewal of

Authority shall renew an authorisation already granted every year

upon the payment of a renewal fee as provided for under Part II of

the First Schedule to the Police Licences Regulations. The said fee G.N. 846 of 1949.

shall be collected on account of the Government.

(2) An operator who fails to have his authorisation

renewed within thirty days from the date of expiry of that

authorisation shall be deemed to have been operating without an

authorisation during the interval between the date of expiry of the

authorisation held by him and the date in which the authorisation is

actually renewed.

(3) A copy of the authorisation shall be constantly

kept on the premises to which it refers and shall be posted up and

conspicuously displayed in the premises.

(1) Any person who contravenes regulation 3(1) shall

be guilty of an offence and shall be liable upon conviction, to a

fine (multa) not exceeding €10,000.

(2) Where an operator does not comply with the

provisions of regulation 10(2), he shall be guilty of an offence,

and shall be liable, upon conviction, to a fine (multa) not

exceeding €1,000 and to a further penalty of €50 for each day the

authorisation remains not renewed.