Regulations, 2012

L.N. 86 of 2012

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Deployment and Use of Intelligent Transport Systems

Regulations, 2012

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister for Infrastructure,

Transport and Communications, after consultation with the Authority

for Transport in Malta, has made the following regulations:-

(1) The title of these regulations is the Intelligent

Transport Systems Regulations, 2012.

(2) These regulations shall be deemed to have come into force

on the 27th February, 2012.

These regulations transpose the provisions of Directive

2010/40/EU of the European Parliament and of the Council on the

framework for the deployment of Intelligent Transport Systems in the

field of road transport and for interfaces with other modes of

transport.

In these regulations, unless the context otherwise requires

"the Authority" means the Authority for Transport in Malta as

established by article 5 of the Authority for Transport in Malta Act;

"the Directive" means Directive 2010/40/EU of the European

Parliament and of the Council on the framework for the deployment

of Intelligent Transport Systems in the field of road transport and for

interfaces with other modes of transport;

"Intelligent Transport System" or "ITS" means a system in

which information and communication technologies are applied in

the field of road transport, including infrastructure, vehicles and

users, and in traffic management and mobility management, as well

as for interfaces with other modes of transport;

"ITS application" means an operational instrument for the

application of Intelligent Transport Systems;

"ITS service" means the provision of an ITS application through

a well-defined organisational and operational framework with the aim

of contributing to user safety, efficiency, comfort and, or to facilitate

or support transport and travel operations;

"person" includes corporations, companies, associations, firms,

partnerships, societies, entities, and individuals;

"priority actions" means the priority actions listed in Article 3 of

the Directive;

"priority areas” means the priority areas listed in Article 2 of the

Directive.

These regulations shall apply to ITS applications and ITS Application of

services in the field of road transport and to their interfaces with other regulations.

modes of transport without prejudice to matters concerning national

security or necessary in the interest of defence.

Intelligent Transport Systems deployed or used as part of Requirements

priority action within priority areas shall conform to the for

Transport

specifications adopted in accordance with the provisions of Article 6 Systems.

of the Directive and their selection and deployment shall comply with

the principles listed in Annex II of the said Directive.

(1) Without prejudice to any permit required under any Authority’s

other law, no person may deploy and, or operate any Intelligent approval

required.

Transport System without the approval in writing of the Authority.

(2) An application for an approval shall be made to the

Authority on the appropriate form and shall be accompanied by all

such details and documentation relevant to the system to be deployed

and, or operated.

(3) Where the Authority proposes to refuse to issue an

approval, it shall give the person who applied written notice of that

proposal and that notice shall specify the period within which the

person concerned may make representations to the Authority.

(4) The period referred to in sub-regulation (3) shall not be

less than thirty days.

(5) The Authority shall then decide whether or not to issue a

final notice of refusal.

(6) Every such notice shall be in writing and shall state the

reasons for refusing the application.

(1) Where the deployment and, or use of ITS Processing and

applications and services entail the processing and use of road, traffic use of data.

or travel data forming part of documents held by a public sector body,

the processing and use of such data shall be carried out in accordance

with the provisions of the Re-Use of Public Sector Information Order. S.L. 460.13

(2) Where the operation of ITS applications and services

entails the processing of personal data, the processing of such data

shall be carried out in accordance with the provisions of the Data

Protection Act and any regulations made thereunder and the

Electronic Communications Networks and Services (General)

Regulations

Provided that, in order to ensure privacy, the use of anonymous

data shall be preferred, where and when possible, for the performance

of ITS applications and services

Provided further that personal data shall only be processed

insofar as such processing is necessary for the performance of ITS

applications and services.

Where issues arise related to liability for defective

products in the deployment and, or use of ITS applications and

services, the provisions of Part VIII of the Consumer Affairs Act shall

apply.

€0.36