Regulations, 2012

L.N. 458 of 2012

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Passenger Transport Services (Amendment No. 2)

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 Citation.

Services (Amendment No. 2) Regulations, 2012, and these

regulations shall be read and construed as one with the Passenger S.L. 499.56

Transport Services Regulations, hereinafter referred to as "the

principal regulations".

Regulation 9 of the principal regulations shall be Substitutes

regulation 9 of

substituted by the following

the principal

regulations.

" Good repute.

(1) A person shall not be

deemed to satisfy the condition of good repute

and conduct

(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) of 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) of 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;

B B 4741

(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

(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 or taxi operators the

licence of whom was withdrawn

during his tenure in terms of these

regulations or in terms of the Taxi

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.

(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.

(3) An operator shall inform the

Authority in writing of any conviction against

him or against any of the persons mentioned

in regulation 6(4), as applicable, within

twenty-one days from that conviction or,

when an appeal is entered, within twenty days

from when such appeal is decided.

(4) A person who contravenes sub-

regulation (3) shall be guilty of an offence.".

3. Regulation 14 of the principal regulations shall be Amends

regulation 14 of

amended as follows

the principal

regulations.

(a)

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

deleted and paragraphs (b) and (c) shall be renumbered as

paragraphs (a) and (b) respectively;

(b) sub-regulations (3) to (5) thereof shall

be

renumbered as sub-regulations (4) to (6) respectively;

(c)

immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

"(3) An operator’s licence shall be revoked where

the holder no longer satisfies the conditions laid down in

regulation 6(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 less than or equal to 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 9(1)(f), the operator’s

licence shall not be revoked but shall be suspended for the

period indicated in regulation 9(1)(b), (d)(i), and (f), as the

case may be

Provided further that where the operator is

not considered to be of good repute and conduct solely

because any of the persons listed in regulation 6(4) do not

comply with the provisions of regulation 6(1), the

operator’s licence shall be suspended until the operator

substitutes such person with another person who fulfils the

requirements of these regulations

Provided further that where the 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 6(1), the

licence shall be withdrawn ipso jure."; and

(b) 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".

4. Regulation 19 of the principal regulations shall be

substituted by the following

"19. (1) Regulation 9(1), with the exception of

paragraph (g) thereof, and regulation 9(2) shall apply for the

purpose of determining whether an applicant for a driver permit

is of good repute and conduct.

(2) A 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.

(3) A person who contravenes sub-regulation (2) shall

be guilty of an offence.".

5. Regulation 23 of the principal regulations shall be Amends

regulation 23 of

amended as follows

the principal

regulations.

(a)

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

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

paragraphs (a) to (c) respectively;

(b) sub-regulation (3) thereof shall be renumbered sub-

regulation (4);

(c)

immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

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

holder no longer satisfies the conditions laid down in

regulation 18

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 driver’s permit shall not be

revoked but shall be suspended for the period indicated in

regulation 9(1)(b), (d)(i) and (f) as the case may be."; and

(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".

6. In regulation 114 of the principal regulations, for the words Amends

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

of 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

Taxi Services Regulations.".

€0.72