Taxi Services (Amendment No. 3) Regulations, 2012

L.N. 457 of 2012

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Taxi Services (Amendment No. 3) Regulations, 2012

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act and by article 54 of the Traffic

Regulation Ordinance, 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 Taxi Services

(Amendment No. 3) Regulations, 2012 and these shall be read and

construed as one with the Taxi Services Regulations, hereinafter

referred to as "the principal regulations".

Regulation 4 of the principal regulations shall be amended

as follows

(a)

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

"designated person", wherever they occur, there shall be

substituted the words "designated person, if any"; and

(b) in sub-regulation (4) thereof, for the words from

"Every applicant for" to "Where a designated person ceases",

there shall be substituted the words "Where an applicant for a

taxi operator’s licence is not a natural person or, being a natural

person wishes to appoint another natural person to manage the

operation of his taxi service, it shall nominate a designated

person. Where a designated person, if any, ceases".

Regulation 7 of the principal regulations shall be amended

as follows

(a) sub-regulation (1) thereof shall be substituted by the

following

"(1) A person shall not be deemed to

satisfy the condition of good repute and

conduct -

B B 4723

(a)

if he has been found guilty

of committing any crime contemplated

in Title I of Part II of Book First of the

Criminal Code or articles 198, 199, 203,

203A, 204, 204A, 204B, 204C, 205,

211, 212, 213, 217, 218, 220, 238(a),

245, 248B, 248C, 248D of the Criminal

Code;

(b) for such period during which

he is serving a sentence of imprisonment

of at least one month;

(c)

for such period immediately

following time spent serving a sentence

of imprisonment for a term or terms of

at least one month imposed on such

person for a crime or crimes connected

with violence committed on a person,

which period shall be

(i) of one year for

sentences of imprisonment for a

term of at least one month and not

more than one year;

(ii) equal to the term of

imprisonment for which such

person was sentenced for sentences

for terms of imprisonment of more

than one year and less than ten

years; and

(iii) ten

years

for

sentences

for

terms

of

imprisonment of at least ten years;

(d) for such period immediately

following time spent serving a sentence

of imprisonment of at least one month,

other than a sentence imposed on such

person for a crime or crimes connected

with violence committed on a person,

which period shall be

(i) equal to the term of

imprisonment for which such

person was sentenced for terms of

imprisonment of less than five

years; and

(ii) five

years

for

sentences

for

terms

of

imprisonment of at least five years;

(e)

for a period equal to the

sentence of imprisonment passed, when

such sentence is ordered not to take

effect in terms of article 28A of the

Criminal Code, which period shall start

to run from the date of the conviction;

(f)

for a period of one year

following the imposition of a fine or

fines which in the aggregate amount to

at least four thousand euro (€4000)

imposed in the previous twelve months

on a person for a crime or crimes

connected with violence or for

committing a crime or crimes in terms

of the Traffic Regulation Ordinance, the

Act, the Motor Vehicles Insurance

(Third Party Risks) Ordinance, the

Motor Vehicles Registration and

Licensing Act or a crime or crimes in

terms of any regulation made

thereunder;

(g) if he has been declared unfit

to pursue the occupation of an operator

under any rules in force; provided that

an operator shall be considered to have

been declared unfit to pursue the

occupation of operator if

(i) he has, in the previous

two years, had a licence, which

was issued to him for the provision

of services related to the carriage

of passengers by road in Malta or

in any other State withdrawn,

whether by order of a court or other

adjudicating body or by the

competent authority; or

B B

4725 4725

(ii) he was, during the

previous two years, a director,

partner, designated person or a

person having the legal or judicial

representation of one or more

operators the licence of whom was

withdrawn during his tenure in

terms of these regulations or in

terms of the Passenger Transport

Services Regulations; or

(iii) he has been either

(a) sentenced to a

fine or fines which in the

aggregate amount to at

least four thousand euro

(€4,000) in the last twelve

months; or

(b) convicted

of

committing a breach of the

same provision of the law

on at least five occasions

in the last five years

Provided that such sentence or

conviction concerns either

(a) the

pay

and

employment conditions in the road

transport profession or;

(b) road transport, in

particular the rules relating to

driving,

the

weights

and

dimensions and carrying capacity

of vehicles, road or vehicles’ safety

or damage to the environment and

other rules concerning professional

liability;

(h) if he has been found guilty

of committing any corresponding

offence under any law of a country or

territory outside Malta

Provided that when a

suspended sentence is ordered by the

Court to take effect, the period for

which the Authority shall refuse to grant

the licence in terms of the relevant

paragraph hereof following such order,

shall be reduced by the period, if any,

for which the person has already been

refused a licence by the Authority for

the same offence in terms of paragraph

(e)

Provided further that where

the applicant was less than eighteen

years of age at the time of the

commission of the offence the period

referred to in paragraphs (c), (d) and (e)

shall not be longer than two years.";

(b) sub-regulations (2) and (3) thereof shall be

renumbered as sub-regulations (3) and (4) respectively;

(c)

immediately after sub-regulation (1) thereof there

shall be added the following new sub-regulation

"(2) For the purposes of determining

whether a person is of good repute and

conduct in terms of sub-regulation (1), the

term "sentence" shall not include

(a)

a probation order issued in

terms of article 7 of the Probation Act or

article 5 of the Probation of Offenders

Act and which has been complied with

by the probationer or an absolute or

conditional discharge issued under

article 22 of the Probation Act or article

9 of the Probation of Offenders Act

which has been complied with; or

(b) a

sentence

for

the

commission of an offence for which the

offender has been pardoned by the

President of Malta in terms of article

93(1) of the Constitution of Malta;

provided that this paragraph shall only

apply from the date on which the

President of Malta has granted such

pardon; or

(c)

a sentence which is at the

moment of application under appeal.";

(d) sub-regulation (4) thereof, as renumbered, shall be

substituted by the following

"(4) A taxi operator shall inform the Authority in

writing of any conviction against him or against any of the

persons mentioned in regulation 4(2) within twenty-one

days from that conviction or, when an appeal is entered,

within twenty days from when such appeal is decided.";

and

(e)

immediately after sub-regulation (4) thereof, as

renumbered, there shall be added the following new sub-

regulation

"(5) A person who contravenes sub-regulation (4)

shall be guilty of an offence.".

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

in sub-regulation (4) thereof, paragraph (a) shall be

deleted and paragraphs (b) to (d) shall be renumbered as

paragraphs (a) to (c) respectively;

(b) sub-regulations (5) to (8) shall be renumbered as

sub-regulations (6) to (9) respectively;

(c)

immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(5) A taxi operator’s licence shall be revoked

where the holder no longer satisfies the conditions laid

down in regulation 4(1)

Provided that where the person is not

considered of good repute and conduct solely because he

has been sentenced to a term of imprisonment of more than

one month but not more than one year for committing a

crime or crimes other than one which is connected with

violence committed on a person, or where the person is not

considered of good repute and conduct solely as a result of

regulation 7(1)(f), the taxi operator’s licence shall not be

revoked but shall be suspended for the period indicated in

regulation 7(1)(b), (d)(i), and (f), as the case may be

Provided further that where the taxi operator

is not considered to be of good repute and conduct solely

because any of the persons listed in regulation 4(2) do not

comply with the provisions of regulation 4(1), the taxi

operator’s licence shall be suspended until the taxi

operator substitutes such person with another person who

fulfils the requirements of these regulations

Provided further that where the taxi operator

fails to fulfil the above mentioned requirement within a

period of three months from the date of the sentence or

sentences in terms of which the person is not considered to

be compliant with the requirements of regulation 4(1), the

licence shall be withdrawn ipso jure.";

(d) in sub-regulation (6) thereof, as renumbered, for the

words "That suspension or revocation" there shall be substituted

the words "A suspension or revocation in terms of this

regulation"; and

(e)

in sub-regulation (7) thereof, as renumbered, for the

words "sub-regulation (5)" there shall be substituted the words

"sub-regulation (6)".

Regulation 11 of the principal regulations shall be

amended as follows

(a) sub-regulation (2) thereof shall be substituted by the

following

"(2) Regulation 7(1), with the exception of

paragraph (g) thereof, shall apply for the purpose of

determining whether an applicant for a taxi driver permit is

of good repute and conduct."

(b) sub-regulation 4 thereof shall be substituted by the

following

"(4) A taxi driver shall inform the Authority in

writing of any conviction against him within twenty-one

days from that conviction or, when an appeal is entered,

within twenty days from when such appeal is decided.";

and

(c)

immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(5) A person who contravenes sub-regulation (4)

shall be guilty of an offence.".

Regulation 14 of the principal regulations shall be Amends

regulation 14 of

amended as follows

the principal

regulations.

(a) paragraph (a) of sub-regulation (2) thereof shall be

substituted by the following

"(a) no longer satisfies the conditions laid down in

regulation 11(1)(b), (c), (d) and (e) and regulation 12; or";

(b) sub-regulations (3) to (7) thereof shall

be

renumbered as sub-regulations (4) to (8) respectively;

(c)

immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulation

"(3) A taxi driver’s permit shall be revoked where

the holder no longer satisfies the conditions laid down in

regulation 11

Provided that where the person is not

considered of good repute and conduct solely because he

has been sentenced to a term of imprisonment of more than

one month but less than one year for committing a crime or

crimes other than one which is connected with violence

committed on a person, the taxi driver’s permit shall not be

revoked but shall be suspended for the period indicated in

regulation 7(1)(b), (d)(i) and (f), as the case may be.";

(d) in sub-regulation (4) thereof, as renumbered, for the

words "Such suspension or revocation" there shall be

substituted the words "A suspension or revocation in terms of

this regulation"; and

(e)

in sub-regulations (7) and (8) thereof, as

renumbered, for the words "sub-regulation (2)" there shall be

substituted the words "sub-regulations (2) and (3)".

In regulation 75 of the principal regulations, for the words Amends

"in contravention of this regulation." there shall be substituted the regulation

the principal

words "in contravention of this regulation:" and immediately regulations.

thereafter there shall be added the following proviso

"Provided that the provisions of this

regulation shall not apply in cases where the

licence or permit, as applicable, has been

withdrawn due to the fact that the applicant

was not considered to be of good repute and

conduct in terms of these regulations or the

Passenger Transport Services Regulations.".

Immediately after regulation 78 of the principal

Adds new

regulation to the

regulations there shall be added the following new regulation

principal

regulations.

" Exemptions.

79. A person who had his taxi driver

permit withdrawn by the Authority between

the 1st November, 2010 and the 30th

November, 2012, due to the fact that such a

person was not considered to satisfy the

conditions of good repute and conduct in

terms of these regulations as then in force,

shall be exempt -

(a)

from the requirement of

paying the initial application fee

prescribed in Part 2 of the Second

Schedule, and

(b) from the provisions of

regulation 12(1).".

€0.81