Passenger Transport Services (Amendment) Regulations, 2012

L.N. 432 of 2012

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Passenger Transport Services (Amendment) Regulations, 2012

IN exercise of the powers conferred by article 54 of the Traffic

Regulation Ordinance and article 43 of the Authority for Transport in

Malta Act, the Minister for Infrastructure, Transport and

Communications has, after consultation with the Authority for

Transport in Malta, made the following regulations:-

The title of these regulations is the Passenger Transport

Services (Amendment) Regulations, 2012, and these regulations shall

be read and construed as one with the Passenger Transport Services

Regulations, hereinafter referred to as "the principal regulations".

(Regulation 12)

"2.

Entry Fee payable in applicable cases

Entry Fee payable upon application for a passenger transport vehicle licence

for a vehicle which was manufactured

Number of

not more than

At least five

At least six

At least seven

At least eight

At least nine

passengers

five years

years but less

years but less

years but less

years but less

years but less

which can be

before the

than six

than seven

than eight

than nine

than ten

carried as per

date of such

years before

years before

years before

years before

years before

manufacturer’s

application

the date of

the date of

the date of

the date of

the date of

certificate of the

such

such

such

such

such

particular

application

application

application

application

application

passenger

(€)

(€)

(€)

(€)

(€)

(€)

transport vehicle

11000

11000

11000

11000

11000

11000

11892

11892

11892

11892

11892

11892

12753

12753

12753

12753

12753

12753

13608

13608

13608

13608

13608

13608

14430

14430

14430

14430

14430

14430

15248

15248

15248

15248

15248

15248

16031

16031

16031

16031

16031

16031

16812

16812

16812

16812

16812

16812

17556

17556

17556

17556

17556

17556

18300

18300

18300

18300

18300

18300

19005

19005

19005

19005

19005

19005

19712

19712

19712

19712

19712

19712

20378

20378

20378

20378

20378

20378

21048

21048

21048

21048

21048

21048

21675

21675

21675

21675

21675

21675

22308

22308

22308

22308

22308

22308

22896

22896

22896

22896

22896

22896

23492

23492

23492

23492

23492

23492

24041

24041

24041

24041

24041

24041

24600

30600

36600

42600

48600

54600

25110

31310

37510

43710

49910

56110

25632

32032

38432

44832

51232

57632

26103

32703

39303

45903

52503

59103

26588

33388

40188

46988

53788

60588

27020

34020

41020

48020

55020

62020

27468

34668

41868

49068

56268

63468

27861

35261

42661

50061

57461

64861

28272

35872

43472

51072

58672

66272

28626

36426

44226

52026

59826

67626

29000

37000

45000

53000

61000

69000

29315

37515

45715

53915

62115

70315

Number of

not more than

At least five

At least six

At least seven

At least eight

At least nine

passengers

five years

years but less

years but less

years but less

years but less

years but less

which can be

before the

than six

than seven

than eight

than nine

than ten

carried as per

date of such

years before

years before

years before

years before

years before

manufacturer’s

application

the date of

the date of

the date of

the date of

the date of

certificate of the

such

such

such

such

such

particular

application

application

application

application

application

passenger

(€)

(€)

(€)

(€)

(€)

(€)

transport vehicle

29652

38052

46452

54852

63252

71652

29928

38528

47128

55728

64328

72928

30228

39028

47828

56628

65428

74228

30465

39465

48465

57465

66465

75465

30728

39928

49128

58328

67528

76728

30926

40326

49726

59126

68526

77926

31152

40752

50352

59952

69552

79152

31311

41111

50911

60711

70511

80311

31500

41500

51500

61500

71500

81500

31620

41820

52020

62220

72420

82620

31772

42172

52572

62972

73372

83772

53 and over

31800

42400

53000

63600

74200

84800

".

€0.90

Regulation 2 of the principal regulations shall be amended

as follows

(a) for the definition "entry fee" there shall be

substituted the following

" "entry fee" means the fee payable in terms of

regulation 117 upon application for a passenger transport

vehicle licence;"; and

(b) for the definition "vintage bus" there shall be

substituted the following

" "vintage bus" means a passenger transport

vehicle which has its engine compartment situated in front

of its windscreen, and was -

(a) manufactured and registered in Malta as

a motor route bus prior to the 1st January, 1960,

and was registered as such for at least five

consecutive years prior to the coming into force of

these regulations, or

(b) manufactured prior to the 1st January,

1960 and registered in Malta as a motor vehicle for

the carriage of passengers prior to the 1st January,

1992; and was so registered in Malta for at least

five consecutive years prior to the coming into

force of these regulations.

Vehicles under paragraph (b) may only carry not more than

30 passengers;".

In sub-regulation (3) of regulation 28 of the principal Amends

regulations, immediately after the words "on sightseeing passenger regulation

28 of

the principal

transport routes", there shall be added the words "in terms of Part XI regulations.

and, or for special vintage bus services in terms of Part X".

In sub-regulation (2) of regulation 31 of the principal Amends

regulations, for the words "twenty-eight" there shall be substituted regulation

31 of

the principal

the words "thirty-five".

regulations.

Parts X to XIII of the principal regulations shall be Renumbering of

Parts X to XIII

renumbered as Parts XI to XIV respectively.

of the principal

regulations.

Immediately after Part IX of the principal regulations there Adds new Part

X to the

shall be added the following new Part X

principal

regulations.

"PART X

PASSENGER TRANSPORT SERVICES BY

MEANS OF VINTAGE BUSES

68P. (1) The Authority may grant

Temporary

licence granted

operators of vintage buses a temporary

to operators of

vintage buses.

licence to operate a special vintage bus

service consisting either of one single trip or

one return trip subject to the following

conditions

(a)

the special vintage bus

service shall comply with all the

provisions of Part VII other than with

the provisions of regulation 68;

(b) no vintage bus shall be

allowed to provide special vintage bus

services on more than five occasions

within any thirty consecutive days

Provided that the Authority may,

under

exceptional

circumstances,

approve more frequent special vintage

bus services;

(c)

operators shall pay the

application fee established in Part Six of

the Tenth Schedule for the said

temporary licence, provided the

Authority may, at its absolute discretion,

waive the fee where it is satisfied that

the income from the special vintage bus

services will be for the benefit of any

institution, trust, bequest or foundation,

of a public character, and of any other

similar organisation or body of persons,

also of a public character, which is

engaged in philanthropic work and

either qualifies for exemption granted

under rules made for this purpose by the

Minister responsible for finance under

article 96 of the Income Tax Act or is

named by the said Minister as being

engaged in philanthropic work for the

purposes of article 12 of the Income Tax

Act and there is not in respect of it a

declaration by the said Minister that it

has ceased to be so named; and

(d) any other conditions which

the Authority may impose.

(2) No vehicle other than a vintage bus

licensed in terms of these regulations shall be

used or be authorised to be used for special

vintage bus services.

(3) Vintage buses may only be

licensed by the Authority to be operated

exclusively

on

sightseeing

passenger

transport routes established by the Authority

in terms of Part XI or to operate special

vintage bus services as authorised in terms of

this regulation.

(4) Vintage buses that were licensed as

motor vehicles for the carriage of passengers

for hire or reward in Malta before the entry

into force of these regulations, shall only be

used exclusively on sightseeing passenger

transport routes and, or for special vintage bus

services as from the 1st of January, 2015.

(5) No operator shall use, or permit to

be used, any vintage bus registered under its

operating licence for any purpose other than

to service a sightseeing passenger transport

route in terms of regulation 69 or to operate

special vintage bus services as authorised in

terms of this regulation.".

Regulation 69 of the principal regulations shall be Amends

regulation 69 of

amended as follows

the principal

regulations.

(a)

sub-regulation (2) thereof shall be deleted; and

(b) sub-regulations (3) to (9) thereof shall

be

renumbered as sub-regulations (2) to (8) respectively.

Immediately after paragraph (i) of sub-regulation (1) of Amends

regulation 107 of the principal regulations, there shall be added the regulation

of the principal

following new paragraph

regulations.

"(j)

regulation 68P(2),".

Regulation 116 of the principal regulations shall be Amends

regulation 116

amended as follows

of the principal

regulations.

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

"regulation 28(3)" there shall be substituted the words

"regulation 28(4)";

(b) in sub-regulation (2) thereof, paragraph (b) shall be

deleted and paragraphs (c) and (d) thereof shall be renumbered

as paragraphs (b) and (c) respectively; and paragraph (c)

thereof, as re-numbered, shall be substituted by the following

"(c) the applicant has submitted, at any time after

the coming into force of these regulations but before or

together with the submission of an application for a

transport vehicle licence in terms of this regulation, for

each vehicle to be licensed in terms of this regulation, an

application to the Authority in order to surrender one

passenger transport vehicle licence issued in respect of a

vehicle which was already licensed to carry passenger

transport services before the coming into force of these

regulations:"; and

(c)

immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation

"(4) Notwithstanding the proviso to regulation

28(2)(b), a tail-lift van which is not new shall be issued

with a passenger transport vehicle licence if at the date of

application for a passenger transport vehicle licence in

terms of these regulations, not more than -

(a) seven years have passed from the date on

which the tail-lift van was manufactured; and

(b) not more than five years have passed

from the date of first registration for use on the

road of such tail-lift van

Provided that

(i) it complies with all the other conditions

imposed by these regulations and any other

applicable legislation in force in Malta, including

the conditions in regulation 28(2);

(ii) the application is submitted by a person

who on the date of coming into force of these

regulations had a tail-lift van licensed in his name

with the Authority;

(iii) the applicant has submitted, at any time

after the coming into force of these regulations but

before or together with the submission of an

application for a transport vehicle licence for a

tail-lift van in terms of this regulation, for each

tail-lift van to be licensed in terms of this

regulation, an application to the Authority in order

to surrender one passenger transport vehicle

licence issued with respect to a tail-lift van which

was already licensed to carry passenger transport

services before the 1st November 2009

Provided further that such tail-lift van shall only be

used in the road passenger transport operation of the

operator who has applied for its passenger transport

vehicle licence.".

Sub-regulation (3) of regulation 117 of the principal

regulations shall be substituted by the following

"(3) If an applicant submits an application to the

Authority for a passenger transport vehicle licence in

accordance with regulation 116(2), after having surrendered a

passenger transport vehicle licence in accordance with

regulation 116(2)(e), the entry fee due for such passenger

transport vehicle licence shall be reduced by the entry fee which

would be applicable to the surrendered passenger transport

vehicle licence if it were to be licensed.

For the purpose of this sub-regulation, the entry fee which

would be applicable to the surrendered passenger transport

vehicle licence shall be considered to be the applicable entry fee

payable under the same column applicable to the passenger

transport vehicle which is to be registered as a passenger

transport vehicle in terms of these regulations.".

The Ninth Schedule to the principal regulations shall be Amends the

Ninth Schedule

amended as follows

to the principal

regulations.

(a)

for the words "68A", wherever they occur, there

shall be substituted the words "68O";

(b) for the words "69(1)(a), (b), (c), (e), 69(4), (5)",

there shall be substituted the words "69(1)(c), 69(3), (4)";

(c)

for the words "69(2), (3), 69(6), 69(9)", there shall

be substituted the words "68P (4), 69(2), 69(6), 69(9)"; and

(d)

immediately before the following

Column 1

Column 2

Column 3

"72, 73, 74, 75, 76, 77, 78

€350

€350"

there shall be added the following new rows

"68P(1)(a)

The

penalty

The

penalty

prescribed in this

prescribed in this

Schedule

for

Schedule

for

breaches

of

the

breaches

of

the

specific regulations

specific regulations

stipulated

in

stipulated

in

regulation 68P(1)(a)

regulation 68P(1)(a)

according to the

according to the

specific

regulation

specific regulation

breached.

breached.

68P(1)(d),

€500

68P(2),

68P(4)

69(1)(a)

€500

69(1)(b),

€500

€500".

69(1)(e)

The Tenth Schedule to the principal regulations shall be

amended as follows

(a)

for item 2 of Part 4 thereof, there shall be substituted

the text in the Schedule to these regulations;

(b) for the provisos to item 2 of Part 4 thereof, there

shall be substituted the following

"Provided that coaches which are new motor

vehicles, tail lift vans which are new motor vehicles,

vintage buses, and trackless trains shall be exempt from the

entry fee irrespective of the number of passengers which

they can carry."; and

(c)

immediately after Part 5 thereof there shall be

inserted the following new Part

"Part 6

Application fee for a special vintage bus services

................................... €10".