Commercial Vessels (Amendment) Regulations, 2014

L.N. 117 of 2014

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

PORTS AND SHIPPING ACT

(CAP. 352)

Commercial Vessels (Amendment) Regulations, 2014

IN exercise of the powers conferred by article 43(1) and (3) of

the Authority for Transport in Malta Act and article 4(3) of the Ports

and Shipping Act, the Minister for Transport and Infrastructure, in

consultation with the Authority for Transport in Malta has made the

following regulations:-

(1) The title of these regulations is the Commercial Citation and

Vessels (Amendment) Regulations, 2014, and these regulations shall commencement.

be read and construed as one with the Commercial Vessels S.L. 499.23

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

(2) These regulations shall come into force after two months

from the publication of the said regulations.

In regulation 2 of the principal regulations, for the word Amends

regulation 2 of

"ply" there shall be substituted the words "be used or operated".

the principal

regulations.

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a)

immediately after the definition "Authority" there

shall be added the following new definition

" "authorised commercial premises"

means any commercial premises as defined by

the Trading Licences Act and which is

licensed to carry out any commercial activity

in terms of the Trading Licences Regulations;

and for the purpose of these regulations

includes also any building, premises or other

establishment which is licensed in terms of

the Malta Travel and Tourism Services Act;";

(b) in the definition "commercial vessel", immediately

after the words "means a vessel" there shall be added the words

", whether power-driven or not,"; and for the word "plying"

there shall be substituted the word "operating";

(c)

the definitions "commercial vessel boatman",

"commercial vessel boatmaster", "commercial vessel engineer",

"commercial vessel engine driver" "commercial vessel general

purpose hand", "commercial vessel master" and "commercial

vessel mate" shall be deleted;

(d) the definitions "commercial vessel assignment for

freeboard certificate", "commercial vessel minimum safe

manning document", "commercial vessel oil pollution

prevention certificate", "commercial passenger vessel safety

certificate", "commercial cargo vessel safety construction

certificate" and "commercial cargo vessel safety equipment

certificate" shall be deleted;

(e)

immediately after the definition "effective" there

shall be added the following new definition

" "enforcement officer" means a member of the

Police or of the Armed Forces of Malta, or an official

authorised by the Authority to enforce these regulations;";

(f)

immediately after the definition "gross tonnage"

there shall be added the following new definition

" "hire” shall include bareboat chartering, whether

skippered or not;";

(g) immediately after the definition "passenger" there

shall be added the following new definition

" "passenger transport services" means the carriage

of passengers using commercial vessels for hire or reward,

and shall include sightseeing tours and any other

commercial activity involving the carriage of passengers;";

(h) for the definition "pleasure craft" there shall be

substituted the following

" "pleasure craft” means any ship which is only and

exclusively used and operated for private pleasure and

recreational purposes and not operated for or otherwise

used in any commercial activity;"; and

(i) immediately after the definition "territorial

and internal waters" there shall be added the following new

definition

" "Tribunal" means the Administrative

Review Tribunal established in terms of

article 5 of the Administrative Justice Act;".

In paragraph (b) of regulation 4 of the principal Amends

regulations, immediately after the words "fishing boat" there shall be regulation

the principal

added the following

regulations.

"when engaged, operated and used solely in

licensed fishing activities in terms of the

provisions of the Fisheries Conservation and

Management Act"

Regulation 6 of the principal regulations shall be Substitutes

regulation 6 of

substituted by the following

the principal

regulations.

"6. No person shall use or operate a vessel, nor shall its

owner cause or permit the use or operation of such vessel, for

hire or reward within the ports, internal and territorial waters of

Malta, unless it is certified in terms of the Code of Practice and

is covered by a valid commercial vessel certificate.".

In sub-regulation (1) of regulation 9 of the principal Amends

regulations, for the word "ply" there shall be substituted the words regulation

the principal

"be used or operated".

regulations.

Immediately after regulation 10 of the principal Adds new

regulation 10A

regulations there shall be added the following new regulation

to the principal

regulations.

" Commercial

The provisions of regulations 13,

vessel

14, 15 16, 17, 20, 21, 23, 24, 25, 26, 27 and 28

certificate, etc.

shall mutatis mutandis apply to any

commercial vessel certificate and other

certificates, licences or permits issued under

the provisions of these regulations and the

Code of Practice."

8. In paragraph (a) of regulation 12 of the principal Amends

regulations, immediately before the words "in the opinion of the regulation

the principal

Authority" there shall be added the words "eighteen years of age regulations.

and".

9. Regulation 15 of the principal regulations shall be Substitutes

regulation 15 of

substituted by the following

the principal

regulations.

"15. The Authority may suspend, cancel, revoke or

refuse the renewal of any licence previously granted or renewed

by it under these regulations for any breach of any provision of

these regulations or of any other laws and regulations or lawful

directives of the Authority that the holder thereof is bound to

observe during the carrying out of commercial operations and

activities.".

10. In regulation 18 of the principal regulations, for the words

"officer authorised by the Authority" there shall be substituted the

words "enforcement officer".

In paragraph (f) of sub-regulation (3) of regulation 19 of

the principal regulations, for the word "ply" there shall be substituted

the word "operated".

Regulation 20 of the principal regulations shall be

renumbered as sub-regulation (1) thereof and immediately after sub-

regulation (1), as renumbered, there shall be added the following new

sub-regulation

"(2) The Authority may at any time prohibit the use and

operation of any commercial vessel if such commercial vessel is

considered by it, in its absolute discretion, as not being

seaworthy or constituting a danger to life, health, safety or

property.".

In regulation 23 of the principal regulations, for the words

"from the date of issue.", there shall be substituted the words "from the

date of issue:", and immediately thereafter there shall be added the

following new proviso

"Provided that the Authority may establish different

validity periods for different licences from time to time.".

In sub-regulation (4) of regulation 27 of the principal

regulations, the words "within twenty-one days" shall be deleted.

For the title immediately after regulation 33 of the

principal regulations, there shall be substituted the title "Operations

of Commercial Vessels and Passenger Transport Services".

In regulation 35 of the principal regulations, for the word

"ply" there shall be substituted the words "be used or operated".

Regulation 37 of the principal regulations shall be

substituted by the following

" Fares, etc.

(1) Tariffs shall be established

either in accordance with regulation 34 or by

the operator of the commercial vessel. All

tariffs must be published by the operator.

(2) It shall not be lawful for a Master,

operator or owner or of a commercial vessel

to charge or demand a fare higher than the

established and published tariff, whether such

fare is established in terms of regulation 34 or

not, or, if a lesser sum is agreed upon, more

than such agreed sum.

(3) A printed form of the tariff of fares

shall be displayed conspicuously at all times

in the interior of every commercial vessel and

the Authority may direct the operator of a

commercial vessel to display other

information from time to time.

(4) Tariff of fares of commercial

vessels shall include the full charges

applicable and whether such charges are

computed by distance or by time.

(5) The Master, operator or owner of a

commercial vessel shall provide the passenger

with a receipt showing the date, the amount

paid and the origin and destination of the trip.

(6) A passenger may be requested by

an enforcement officer to produce his receipt

in order to examine and inspect the receipt

and its validity on embarking on or

disembarking from a commercial vessel.

(7) The owner or operator of a

commercial vessel let out on hire shall not

permit any person or things to be carried in,

on or with such vessel, whilst on hire, without

the consent of the hirer.".

18. Immediately after regulation 37 of the principal Adds new

regulations 37A

regulations there shall be added the following new regulations

to 37D to the

principal

regulations.

" Passenger

(1) Passenger transport services

transport

may only be sold from authorised commercial

services.

premises, from the operator’s offices or

operating centre, online, by telephone or by

mail, from the commercial vessel for which

the transport services are being sold, from the

operator’s authorised and licensed stand or

within five metres of the established pick-up

and, or drop-off points

Provided that the said five metres

do not interfere with the rights of, or cause

any kind of nuisance to, a neighbouring

operator.

(2) The sale of any transport services

within five metres of the established pick-up

and, or drop-off points shall be subject to any

authorisation, certificate, permit or licence

that is required from any competent authority

for the setting up, placing, affixing or

installation of the street furniture required.

(3) The sale of passenger transport

services shall not take place within five

metres of any bus stop, taxi stand or horse cab

stand, or any other stop or stand used

exclusively for land transport services.

Any person selling passenger

Persons selling

passenger

transport services from within five metres of

transport

services to

the established pick-up and, or drop-off points

wear

shall wear, at all times and in a conspicuous

identification

tag.

manner, an identification tag issued to him by

the operator of those services which shall

contain a photograph of the person in respect

of whom it is issued, his name and his Identity

Card number and the name of the operator.

(1) The Master, operator or

No soliciting or

importuning.

owner of a commercial vessel, while standing

or operating for hire, shall not call, request,

solicit or otherwise importune any person to

hire such commercial vessel and shall not

make use of the services of any other person

for such purposes.

(2) No person shall call, request,

solicit or otherwise importune, whether

directly or indirectly, any person in any

location for any passenger transport service

and shall not make use of the services of any

other person for such purposes.

No person shall -

Breach of

regulations.

(a)

sell; or

(b) cause or permit another

person to sell

passenger transport services in breach of

regulations 37A, 37B and 37C.".

19. Regulation 38 of the principal regulations shall be Amends

regulation 38 of

amended as follows

the principal

regulations.

(a)

in sub-regulation (1) thereof, for the word "public"

there shall be substituted the word "enforcement"; and

(b) in sub-regulation (4) thereof, for the word "public"

there shall be substituted the word "enforcement"; and for the

words "not less than one thousand and one hundred and sixty-

four euro and sixty-nine cents (1,164.69) and not more than

eleven thousand and six hundred and forty-six euro and eighty-

seven cents (11,646.87)", there shall be substituted the words

"not less than one thousand and five hundred (1,500) euro and

not more than twelve thousand (12,000) euro".

20. In the first proviso to regulation 51 of the principal Amends

regulations, immediately after the words "commercial vessel engine regulation

the principal

driver certificate" there shall be added the words "according to the regulations.

Code of Practice".

21. Sub-regulation (1) of regulation 52 of the principal Amends

regulation 52 of

regulations shall be amended as follows

the principal

regulations.

(a)

for the words "If any Master" there shall be

substituted the words "Subject to the provisions of these

regulations, if any Master"; and

(b) in paragraph (b) thereof, for the words "not more

than two thousand and three hundred and twenty-nine euro and

thirty-seven cents (2,329.37)" there shall be substituted the

words "not more than three thousand (3,000) euro".

22. In regulation 58 of the principal regulations, immediately

after the words "by the Authority" there shall be added the words "or

an enforcement officer".

23. Sub-regulation (1) of regulation 60 of the principal

regulations shall be amended as follows

(a)

for the words "If any owner" there shall be

substituted the words "Subject to the provisions of these

regulations, if any owner"; and

(b) in paragraph (b) thereof, for the words "not more

than two thousand and three hundred and twenty-nine euro and

thirty-seven cents (2,329.37)" there shall be substituted the

words "not more than three thousand (3,000) euro".

24. In sub-regulation (1) of regulation 62 of the principal

regulations, for the words "not exceeding two thousand and three

hundred and twenty-nine euro and thirty-seven cents (2,329.37), for

each such offence, and in the case of a continuing offence or offences,

to a further fine not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69)" there shall be

substituted the words "not exceeding seven thousand (7,000) euro, for

each offence, and in the case of a continuing offence or offences, to a

further fine not exceeding one thousand and five hundred (1,500)

euro".

25. Regulations 62 to 68 of the principal regulations shall be

renumbered as regulations 66 to 72 thereof respectively.

26. Immediately after regulation 61 of the principal

regulations there shall be added the following new regulations

" Administrative

(1) The administrative penalties

penalties, etc.

established by these regulations shall be

imposed by the Authority without recourse to

a court hearing and may be imposed either as

a one-time penalty or on a daily cumulative

basis until compliance, provided in the latter

case the accumulated penalty shall not exceed

three thousand (3,000) euro.

B B 957 957

(2) The Authority shall not impose

administrative penalties on a person for

breach of these regulations where criminal

proceedings have already been instituted in

court against such person with respect to the

said breach.

(3) The Authority shall, before

imposing an administrative penalty in terms

of these regulations, inform the person on

whom the penalty is imposed of its intentions

to do so by giving him a notice in writing.

Every such notice shall state that the person

concerned has a right to make representations

in writing within not less than fourteen days

to the Authority, giving reasons why the

administrative penalty should not be imposed;

and the Authority shall consider any such

representations before arriving at a final

decision. The Authority shall notify in writing

its final decision to the person concerned.

(4) Where any person contravenes the

same provision of these regulations more than

once within a period of six consecutive

months, the administrative penalty imposed

shall be increased by a further five hundred

euro (500).

(5) For the purposes of this regulation,

administrative penalties shall not apply where

an offence is committed under regulations 38

and 65.

(6) The procedure laid down in sub-

regulation (3) shall also apply in those cases

where the Authority refuses to grant or renew

a licence, certificate or permit, or suspends or

revokes such licence, certificate or permit, or

imposes any conditions, limitations or

exclusions therein, according to the

provisions of these regulations.

(1) Any person aggrieved by

Right of appeal

before the

any decision of the Authority not to grant or

Tribunal.

renew a licence, certificate or permit, or to

suspend or revoke such licence, certificate or

permit, or to impose any conditions,

limitations or exclusions therein, or to impose

any administrative penalty on such person,

may, within twenty days from when such

decision is communicated to him, lodge an

appeal therefrom before the Tribunal.

(2) The Tribunal may confirm, revoke

or alter the decision of or the administrative

penalty imposed by the Authority. The

administrative penalty, if any, as confirmed or

modified by the Tribunal, and, or by the Court

of Appeal, where an appeal on a point of law

is lodged in terms of the Act, shall be

recoverable by the Authority as a civil debt

and the decision of the Tribunal or the Court

of Appeal, as the case may be, shall constitute

an executive title for all intents and purposes

of the Code of Organisation and Civil

Procedure.

(3) If upon renewal of a licence,

certificate or permit granted in terms of these

regulations the person in whose name such

licence, certificate or permit is granted owes

the Authority a civil debt in terms of sub-

regulation (2), such licence, certificate or

permit may not be renewed unless and until

such debt is settled in full.

(4) If at the moment that a check on

compliance is carried out by the Authority a

civil debt in terms of sub-regulation (2) is due

by any person to the Authority, the relative

licence, certificate or permit may be

suspended without the need of recourse to the

Tribunal until such debt is settled in full.

(1) In the event that the

No criminal

action when an

Authority imposes an administrative penalty

administrative

penalty has been

in accordance with the provisions of these

paid or an

regulations, and the person on whom such

appeal is

pending.

penalty is imposed pays such penalty to the

Authority within the time indicated in the

notice, no criminal proceedings may be

instituted against such person in relation to

the relative breach.

(2) Where a licence, certificate or

permit has been suspended or revoked, or

their issue or renewal has been refused, no

criminal proceedings may be instituted

against such person in relation to the relative

breach.

(3) No criminal proceedings for the

prosecution of a breach of these regulations

shall be instituted while an appeal therefrom

is pending in front of the Tribunal.

(1) No person shall deface or

Forgery of

licences, etc.

mutilate any licence, certificate or permit

issued under these regulations, or alter or

obliterate any entry made therein.

(2) Any person who, either by writing,

drawing or in any other manner, alters,

defaces or mutilates any licence, certificate or

permit issued under these regulations, or adds

or removes anything therein, or uses any

licence, certificate or permit which has been

altered, defaced, mutilated or added to or

removed from as aforesaid, shall be guilty of

an offence.

(3) Any person who, with the intent to

deceive, forges, alters, uses, produces or

sends any document required under the

provisions of these regulations, or makes a

statement or declaration which he knows to be

false, shall be guilty of an offence.

(4) A person who is found guilty of an

offence under sub-regulations (1), (2) and (3)

shall be liable, on conviction, to a fine (multa)

not exceeding five thousand (5,000) euro, or

to imprisonment for a term not exceeding

twelve months, or to both such fine and

imprisonment, unless a higher punishment is

applicable under any other law, in which case

the Court shall apply that other punishment or

this punishment increased by one or two

degrees, whichever the higher.".

€1.08