Regulations, 2011

L.N. 396 of 2011

Authority for Transport in Malta Act

(CAP. 499)

Passenger Transport Services (Amendment) (No. 3)

Regulations, 2011

In exercise of the powers conferred 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 is the Passenger Transport Citation.

Services (Amendment) (No. 3) Regulations, 2011, and they L.N. 149 of 2009

shall be read and construed as one with the Passenger Transport

Services Regulations, 2009, hereinafter referred to as “the principal

regulations”.

In the table of contents of the principal regulations, for the Amends the table

words “Part XI” to the words “101-106” there shall be substituted principal regulations.

the words “Part XI Working and Driving Times, International

Carriage and Cabotage Transport Operations 70 - 106”.

Regulation 2 of the principal regulations shall be amended Amends regulation

as follows

(a) 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;”;

(b) in the definition “other work” for the words “as

defined in the definition “working times”” there shall be

substituted the words “as defined in the definition “working

time””;

(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 “road passenger

transport operation” there shall be added the following new

definition

“ “road transport activities” shall include driving,

assisting passengers boarding and disembarking

the vehicle, cleaning and technical maintenance,

and all other work intended to ensure the safety of

the vehicle, its passengers 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;”; and

(e) 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; and”.

In paragraph (g) of sub-regulation (1) of regulation 7 Amends regulation

of the principal regulations, for the word “drivers” there shall be regulations.

substituted the words “mobile workers”.

For the title to Part XI of the principal regulations there Amends Part XI of the

shall be substituted the following new title

“WORKING AND DRIVING TIMES,

INTERNATIONAL CARRIAGE AND CABOTAGE

OPERATIONS”.

Regulation 70 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words

“Regulations 71 to 93” there shall be substituted the words

“Regulations 71, 72, 73(2), 73(3), 73(4), 74(2), 75, 76(1),

76(2), 76(3), and 79 to 93”;

(b) in sub-regulation (2) thereof, for the words

“Regulations 93 to 101” there shall be substituted the words

“Regulations 93 to 100”; and

(c) in sub-regulation (3) thereof, for the words

“Regulations 102 to 106” there shall be substituted the words

“Regulations 101 to 106”.

Regulation 73 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 added the words “or 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 added the words “or

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 substituted

the words “by a collective agreement, an agreement between

social partners”;

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

the words “Working time for different employers” there shall

be substituted the words “Working time for a mobile worker

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 added the words “or a 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 substituted the words

“by a collective agreement, an agreement between social

partners”; and

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

words “before the start of the relevant 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”.

Regulation 74 of the principal regulations shall be Amends regulation

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 75 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words “A

driver or any other mobile worker” there shall be substituted

the words “A mobile worker or a self-employed driver”;

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

words “a driver or any other mobile workers” there shall be

substituted the words “a mobile worker or a self-employed

driver”; and

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

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

be substituted the words “a mobile worker or a self employed

driver” and for the words “sleeping facilities for each driver

or mobile worker” there shall be substituted the words

“sleeping facilities for each mobile worker or self-employed

driver”.

Regulation 76 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words

“Notwithstanding regulation 75, a driver or any mobile

worker” there shall be substituted the words “Notwithstanding

regulation 75, a mobile worker or a self-employed driver”;

for the words “by ferry or train, that driver or mobile worker”

there shall be substituted the words “by ferry or train, that

mobile worker or self-employed driver”; and for the words

“regular daily rest period, the driver or mobile worker” there

shall be substituted the words “regular daily rest period, the

mobile worker or self-employed driver”;

(b) in sub-regulation (2) thereof, for the words “when

the vehicle is neither at the driver’s or mobile worker’s

home” there shall be substituted the words “when the vehicle

is neither at the mobile worker’s home or at the home of the

self-employed driver”; 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 for the words “break unless the driver or mobile

worker” there shall be substituted the words “break unless the

mobile worker or self-employed driver”; and

(c) in sub-regulation (4) thereof for the words “73 to

75” there shall be substituted the words “73(2), 73(3), 73(4),

74(2), and 75,” and for the words “duty roster,” there shall

be substituted the words “log book issued by the Authority in

terms of regulation 78,”.

Regulation 78 of the principal regulations shall be

amended as follows

(a) for paragraph (a) of sub-regulation (1) there shall be

substituted the following:-

“(a) notify every mobile worker in his employment

of the provisions of regulations 73 to 77, the internal

rules of the transport undertaking, where applicable, and

the provisions of any collective or any other agreement

applicable to the said worker reached on the basis of

these regulations;”;

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

shall be substituted the following:-

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

mobile worker in his employment, including the

time worked by that worker for another employer 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;”;

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

shall be substituted the following:-

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

a copy of the record of hours worked by that mobile

worker;”;

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

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

shall be substituted the words “the work of a mobile worker”;

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

substituted the following:-

“(2) A mobile worker shall, upon 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.”; and

(f) 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 shall have the right

to carry out any inspections at workstations in order to ensure

compliance with this regulation.”.

Immediately after regulation 78 of the principal

regulations there shall be added the following new regulation

“Exempt vehicles 78A. Regulations 71 to 78 shall not

apply to the following types of vehicles

(a) vehicles used for regular passenger services

where the route covered by the service in question does

not exceed 50 kilometres;

(b) vehicles with a maximum authorised speed not

exceeding 40 kilometres per hour;

(c) vehicles owned or hired without a driver by the

armed services, civil defence services, fire services and

forces responsible for maintaining public order when

the carriage is undertaken as a consequence of the tasks

assigned to these services and is under their control;

(d) commercial vehicles which have a historic

status in terms of law and which are used for the non-

commercial carriage of passengers.”.

In the first column of the table in the Ninth Schedule to

the principal regulations for the words “72, 72, 74,” there shall be

substituted the words “72, 73, 74,”.

€0.72