Regulations, 2011

L.N. 395 of 2011

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Carriage of Goods by Road) (Amendment)

Regulations, 2011

In exercise of the powers conferred by articles 3 and 54 of

the Traffic Regulation Ordinance, 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 is the Motor Vehicles

(Carriage of Goods by Road) (Amendment) Regulations, 2011, and

they shall be read and construed as one with the Motor Vehicles

(Carriage of Goods by Road) Regulations, 2003, hereinafter

referred to as “the principal regulations”.

The table of contents of the principal regulations shall be

amended as follows:-

(a) the heading “International Carriage of Goods” in

Part III shall be deleted; and

(b) for the heading “General Provisions 14” in Part III

there shall be substituted the heading “General Provisions 14-

30”.

Regulation 2 of the principal regulations shall be

amended as follows:-

(a) in the definition “driver” immediately after the

words “and duly licensed” there shall be added the words “or

recognized”;

(b) in the definition “mobile worker” for the words

“on its own account;” there shall be substituted the words

“on its own account and includes any driver who is not a self-

employed driver;”;

(c) immediately after the definition “periods of

availability” there shall be added the following new

definition–

“ “persons performing mobile road transport

activities” means any mobile worker or self- employed

driver who performs such road transport activities;”;

(d) immediately after the definition “rigid bodied

vehicle” there shall be added the following new definition –

“ “road transport activities” shall include

driving, loading and unloading, cleaning and technical

maintenance, and all other work intended to ensure the

safety of the vehicle, its cargo or to fulfil the legal, or

regulatory obligations directly linked to the specific

transport operations under way, including dealing with

administrative formalities with police, customs and

immigration officers;”;

(e) in the definition “self-employed driver” for the

words “Community licence” there shall be substituted the

words “licence issued in the European Union”;

(f) for the definition “working time” there shall be

substituted the following: -

“ “working time” means

(a) in the case of a mobile worker, the time

from the beginning to the end of work, during

which the mobile worker is at his workstation, at

the disposal of the employer and exercising his

functions or activities, being –

(i) the time devoted to road transport

activities; and

(ii) the times during which the mobile

worker cannot dispose freely of his time and

is required to be at his workstation, ready

to take up normal work, with certain tasks

associated with being on duty, in particular

during periods awaiting loading or unloading

where their foreseeable duration is not

known in advance, that is to say either before

departure or just before the actual start of

the period in question, or under collective

agreements or any other agreement entered

into between the employer and mobile

workers employed by him in compliance with

national legislation;

(b) in the case of a self-employed driver,

the time from the beginning to the end of work,

during which the self-employed driver is at his

workstation, at the disposal of the client and

exercising his functions or activities, being –

(i) the time devoted to road transport

activities; and

(ii) the times during which the self-

employed driver cannot dispose freely of his

time and is required to be at his workstation,

ready to take up normal work, with certain

tasks associated with being on duty, in

particular during periods awaiting loading or

unloading where their foreseeable duration

is not known in advance, that is to say either

before departure or just before the actual start

of the period in question, or under agreements

between the social partners

Provided that general administrative work that is not

directly linked to the specific transport operation underway

shall not be deemed to be working time;”.

Regulation 7 of the principal regulations shall be

amended as follows:-

(a) in paragraph (f) of sub-regulation (1) thereof,

for the words “any relevant such business.” there shall be

substituted the words “any relevant such business; and”; and

(b) immediately after paragraph (f) of sub-regulation

(1) thereof there shall be added the following new paragraph

(g) –

“(g) particulars of mobile workers, if any,

employed or to be employed by the applicant.”.

In sub-regulation (1) of regulation 18 of the principal

regulations, for the words “Regulations 19 to 33” there shall be

substituted the words “Regulations 19, 26, 27 (2), 27 (3), 27 (4),

27 (5), 28 (2), 29 and 30”.

In Part III of the principal regulations, immediately after Amends Part III of the

regulation 18, the heading “International Carriage of Goods” shall principal regulations.

be deleted.

In regulation 19 of the principal regulations, for the words Amends regulation

“minimum ages” there shall be substituted the words “minimum 19

age”.

Regulation 27 of the principal regulations shall be

amended as follows

(a) in paragraph (a) of sub-regulation (1) thereof,

immediately after the words “including overtime, for a

mobile worker” there shall be inserted the words “and a self-

employed driver”;

(b) in the first proviso to paragraph (a) of sub-

regulation (1) thereof, immediately after the words “weekly

working time for a mobile worker” there shall be inserted the

words “and a self-employed driver”;

(c) in the second proviso to paragraph (a) of sub-

regulation (1) thereof, for the words “in relation to particular

mobile workers” there shall be substituted the words “in

relation to mobile workers and self- employed drivers” and

for the words “by a collective agreement” there shall be

substituted the words “by a collective agreement, agreement

between social partners”;

(d) in paragraph (b) of sub-regulation (1) thereof, for

the words “Working time for different employees” there shall

be substituted the words “Working time for mobile workers

employed by different employers”;

(e) in paragraph (c) of sub-regulation (1) thereof,

immediately after the words “the daily working time of a

mobile worker” there shall be inserted the words “and self-

employed driver”;

(f) in the proviso to paragraph (c) of sub-regulation

(1) thereof, for the words “in relation to particular mobile

workers” there shall be substituted the words “in relation

to mobile workers and self- employed drivers” and for the

words “by a collective agreement” there shall be substituted

the words “by a collective agreement, agreement between the

social partners”;

(g) in paragraph (f) of sub-regulation (1) thereof, the

words “before the start of the relevant period about period”

shall be deleted and for the words “reasonably foreseeable

duration.” there shall be substituted the words “reasonably

foreseeable duration before the commencement of that period

of availability.”; and

(h) sub-regulation (5) thereof shall be deleted.

Regulation 28 of the principal regulations shall be

amended as follows

(a) in paragraph (a) of sub-regulation (1) thereof, for

the words “mobile workers” there shall be substituted the

words “a person performing mobile road transport activities”;

(b) in paragraph (b) of sub-regulation (1) thereof,

for the words “mobile worker” there shall be substituted the

words “person performing mobile road transport activities”;

and

(c) in paragraph (c) of sub-regulation (1) thereof, for

the words “mobile worker” there shall be substituted the

words “person performing mobile road transport activities”.

Regulation 29 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, the words “driver or

any other” shall be deleted;

(b) in sub-regulation (4) thereof, for the word “driver”

there shall be substituted the words “mobile worker”;

(c) in paragraph (a) of sub-regulation (5) thereof, the

words “driver or any other” shall be deleted;

(d) in the Maltese text, sub-regulation (7) shall be

renumbered as sub-regulation (6);

(e) in paragraph (b) of sub-regulation (6) thereof for

the words “Where a driver or any other mobile worker” there

shall be substituted the words “Where a mobile worker” and

for the words “for each driver or mobile worker” there shall

be substituted the words “for each mobile worker”;

(f) in the Maltese text, sub-regulation (8) shall be

renumbered as sub-regulation (7).

Regulation 30 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be amended as

follows:-

(i) for the words “Notwithstanding regulation 29,

a driver or any mobile worker” there shall be substituted

the words “Notwithstanding regulation 29, a mobile

worker”;

(ii) for the words “that driver or mobile worker

may interrupt” there shall be substituted the words “that

mobile worker may interrupt”; and

(iii) for the words “the driver or mobile worker

shall have access” there shall be substituted the words

“the mobile worker shall have access”;

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) for the words “neither at the driver’s or mobile

worker’s home” there shall be substituted the words

“neither at the mobile worker’s home”;

(ii) for the words “operational centre where the

driver or other mobile worker” there shall be substituted

the words “operational centre where the mobile worker”;

and

(iii) for the words “rest or break unless the driver

or mobile worker” there shall be substituted the words

“rest or break unless the mobile worker”;

(c)

in sub-regulation (3) thereof for the words “time

spent by a driver” there shall be substituted the words “time

spent by a mobile worker” and for the words “operational

centre where the driver” there shall be substituted the words

“operational centre where the mobile worker”.

In regulation 32 of the principal regulations, for the

words “these regulations” there shall be substituted the words

“regulations 27(2), 27(3), 27(4), 27(5), 28(2), 29 and 30”.

Regulation 33 of the principal regulations shall be

amended as follows

(a) in paragraph (a) of sub-regulation (1) thereof, for

the words “organize drivers’ and other mobile workers’ work”

there shall be substituted the words “organize the work of

mobile workers”;

(b) in paragraph (b) of sub-regulation (1) thereof, for

the words “regulations 27 to 30,” there shall be substituted

the words “regulations 27 to 30, the internal rules of the

transport undertaking, where applicable,” and for the words

“on the basis of these regulations,” there shall be substituted

the words “on the basis of these regulations;”

(c) for paragraph (c) of sub-regulation (1) thereof there

shall be substituted the following:-

“(c) keep a record of any time worked by each

mobile worker in his employment in accordance with

paragraph (b) of sub-regulation (1) of regulation 73.

The working time may be recorded by any recording

equipment available for the use of the mobile workers,

or in a logbook issued by the Authority for the purposes

of recording working time; and”;

(d) for paragraph (d) of sub-regulation (1) thereof

there shall be substituted the following:-

“(d) provide, at the request of a mobile worker,

a copy of the record of hours worked by that mobile

worker.”;

(e) for sub-regulation (2) thereof, there shall be

substituted the following:-

“(2) A mobile worker shall, on the request of his

employer, notify to his employer any time worked for

another employer for inclusion in the calculation of the

mobile worker’s working time.”;

(f) sub-regulation (5) thereof shall be renumbered as

sub-regulation (9) and in sub-regulation (9) as renumbered,

immediately after the words “regulations 27 to 29” there shall

be added the words “and 33”; and

(g) immediately after sub-regulation (4) there shall be

added the following new sub-regulations –

“(5) A self-employed driver shall keep a record

of any working time by the use of any recording

equipment available or in a log book issued by the

Authority for such purposes and shall keep such records

in his possession at all times during working times.

(6) The records referred to in sub-regulation (5)

shall be kept by the self-employed driver for a period of

two years after the end of the period covered by the said

records.

(7) The self-employed driver and the employer of

mobile workers shall, upon the request of the Authority,

provide the Authority with copies of any records kept

in accordance with this regulation for inspection by the

Authority. Such copies shall be certified by the signature

of the self-employed driver or the employer as the case

may be.

(8) Any authorised inspecting officer may carry

out any inspections at workstations in order to ensure

compliance with this regulation 33.”.

Part I of the Fourth Schedule to the principal regulations

shall be amended as follows:-

(a) paragraph (5) and paragraph (6) thereof shall be

renumbered as paragraph (7) and paragraph (8) respectively;

(b) immediately after paragraph (4) there shall be

added the following new paragraphs

“5. Specialised breakdown vehicles operating

within a 100 km radius of their base;

6. Vehicles undergoing road tests for technical

development, repair or maintenance purposes, and new

or rebuilt vehicles which have not yet been put into

service;”.

€0.90