Regulations, 2016

L.N. 238 of 2016

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Passenger Transport Services (Amendment)

Regulations, 2016

IN exercise of the powers conferred by article 43 of the

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

Infrastructure, after consultation with the Authority for Transport in

Malta, has made the following regulations:-

The title of these regulations is the Passenger Transport Citation.

Services (Amendment) Regulations, 2016, and these regulations shall

be read and construed as one with the Passenger Transport Services S.L. 65.56

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

The Table of Contents in the principal regulations shall be Amends the

Table of

amended as follows

Contents in the

principal

regulations.

(a)

Parts XI, XII, XIII and XIV shall be renumbered as

Parts XIII, XIV, XV and XVI respectively; and

(b)

immediately after the item -

"Part X

Passenger Transport Services by means

of Vintage Buses

68P"

there shall be added the following

"Part XI

Passenger Transport Services by means

of Malta Heritage Buses

68Q

Part XII

Passenger Transport Services by means

of Electric Trolley Vehicles

68R".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

the definition "coach" shall be substituted by the

following

" "coach" means a passenger transport vehicle

which has at least thirty passenger seats, in addition to the

driver’s seat;";

(b) immediately after the definition "driving time" there

shall be added the following new definition

" "electric trolley vehicle" means an electrically

propelled vehicle which is used for the carriage of

passengers by road which -

(a) has been issued with a type approval

certificate by a competent authority of a Member

State or by any other body approved by the

Authority authorizing such vehicle for use on the

road for the carriage of passengers;

(b) for the purposes of these regulations has

a maximum speed which does not exceed 25km/hr;

and

(c) fulfils all the applicable specifications

and construction requirements established in the

Motor Vehicles (Weights, Dimensions and

Equipment) Regulations;";

(c) immediately after the new definition "electric trolley

vehicle" there shall be added the following new definition

" "electric trolley vehicle route" means a route

established and published by the Authority and which may

be used by operators authorised to operate electric trolley

vehicles in terms of regulation 68R;";

(d) immediately after the definition "locality" there

shall be added the following new definition

" "Malta heritage bus" means a passenger transport

vehicle having its coachwork manufactured in Malta and

having been registered in Malta as a passenger transport

vehicle prior to 1 January, 1975 and was registered as such

for at least five consecutive years at any time prior to the

coming into force of these regulations and which

(i) is not licensed as a vintage bus in terms

of Part X; and

(ii) has not, at any point in time, been

scrapped or garaged and had its registration plates

as a passenger transport vehicle used on another

vehicle in replacement thereof;".

Regulation 28 of the principal regulations shall be

amended as follows

(a)

immediately after the proviso to sub-regulation (1)

thereof there shall be added the following new proviso

"Provided further that paragraphs (b), (c) and (f)

shall not apply to Malta heritage buses.".;

(b) in paragraph (b) of sub-regulation (2) thereof, for

the words "seven years and" there shall be substituted the words

"seven years and, with the exception of tail lift vans,";

(c)

in the proviso immediately after paragraph (d) of

sub-regulation (2) thereof, for the words "Provided that no tail-

lift van may be issued" there shall be substituted the words

"Provided, except in such cases which are specified in

regulation 116(4), that no tail-lift van may be issued";

(d) immediately after the second proviso to sub-

regulation (2) thereof, there shall be added the following new

proviso

"Provided further that, with regard to Malta

heritage buses, paragraphs (b), (c) and (f) of sub-regulation

(1) and paragraphs (b) and (c) of sub-regulation (2) shall

not apply."; and

(e) in sub-regulation (5) thereof, for the words

"trackless trains" there shall be substituted the words "trackless

trains and electric trolley vehicles".

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

regulations, for the words "vintage buses" there shall be substituted regulation

the principal

the words "vintage buses and Malta heritage buses"; and for the regulations.

words "particular vintage bus" there shall be substituted the words

"particular vintage bus or Malta Heritage bus".

Immediately after sub-regulation (4) of regulation 35 of Amends

regulation 35 of

the principal regulations, there shall be added the following

the principal

regulations.

"(5) No advertisements may be displayed on Malta

heritage buses.".

Regulation 36 of the principal regulations shall be Amends

regulation 36 of

amended as follows

the principal

regulations.

(a)

sub-regulation (3) thereof shall be renumbered as

sub-regulation (4); and

(b)

immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulation

"(3) The provisions of sub-regulation (2) shall

also apply to electric trolley vehicles.".

Sub-regulation (2) of regulation 37 of the principal

regulations shall be amended as follows

(a)

for the words "trackless trains" there shall be

substituted the words "trackless trains and electric trolley

vehicles"; and

(b) immediately after the proviso thereof there shall be

added the following new proviso

"Provided further that electric trolley vehicles shall

be required to continuously comply with the applicable

provisions of regulation 68R.".

In regulation 43 of the principal regulations, for the words

"specifically agreed with the hirer." there shall be substituted the

words "specifically agreed with the hirer:", and immediately

thereafter there shall be added the following new proviso

"Provided that Malta heritage buses may be operated even

if they are not equipped with an air-conditioning system.".

Immediately sub-regulation (3) of regulation 64 of the

principal regulations, there shall be added the following sub-

regulation

"(4) No Malta heritage bus may be used to carry school

children.".

Immediately after Part X of the principal regulations there

shall be added the following new Parts

"PART XI

PASSENGER TRANSPORT SERVICES BY

MEANS OF MALTA HERITAGE BUSES

68Q. (1)

The Authority may authorise

Use of Malta

heritage buses

the use of Malta heritage buses to operate pre-

to operate pre-

booked

booked passenger transport services for tourists

services.

and conference-related purposes only.

(2) The Authority may restrict the

number of Malta heritage buses which can

operate on the road in Malta as may be necessary

for the regulation, management, safety and

control of road traffic and for any other reason

which the Authority may deem fit.

(3) Where the Authority decides that the

number of Malta heritage buses operating on the

road in Malta shall be restricted, it shall only

allow to operate on the road in Malta those

Malta heritage buses which have been chosen

following a public competitive process leading

to the issuance of a limited number of licences to

operate Malta heritage buses, which number

shall be determined by the Authority in its sole

and absolute discretion.

(4) No licensed operator shall use or

permit to be used any Malta heritage bus

registered under its operating licence for any

purpose other than to provide pre-booked

passenger transport services for tourists and

conference-related purposes.

(5) The services of Malta heritage buses

may not be sold on the road.

(6) The Authority shall revoke the

licence of a Malta heritage bus if such Malta

heritage bus is operated for any purpose other

than pre-booked passenger transport services for

tourists and conference-related purposes, or if its

services are sold on the road or if it is in breach

of any other condition which the Authority may

impose from time to time.

(7) Malta heritage buses may be used on

the Maltese national territory only.

(8) In order for a vehicle to be issued

with a licence to operate as a Malta heritage bus,

such vehicle must satisfy the following

conditions

(a)

it shall satisfy the requirements

stipulated in the definition "Malta heritage

bus" as established in regulation 2

B

(2) The Authority may restrict the

number of Malta heritage buses which can

operate on the road in Malta as may be necessary

for the regulation, management, safety and

control of road traffic and for any other reason

which the Authority may deem fit.

(3) Where the Authority decides that the

number of Malta heritage buses operating on the

road in Malta shall be restricted, it shall only

allow to operate on the road in Malta those

Malta heritage buses which have been chosen

following a public competitive process leading

to the issuance of a limited number of licences to

operate Malta heritage buses, which number

shall be determined by the Authority in its sole

and absolute discretion.

(4) No licensed operator shall use or

permit to be used any Malta heritage bus

registered under its operating licence for any

purpose other than to provide pre-booked

passenger transport services for tourists and

conference-related purposes.

(5) The services of Malta heritage buses

may not be sold on the road.

(6) The Authority shall revoke the

licence of a Malta heritage bus if such Malta

heritage bus is operated for any purpose other

than pre-booked passenger transport services for

tourists and conference-related purposes, or if its

services are sold on the road or if it is in breach

of any other condition which the Authority may

impose from time to time.

(7) Malta heritage buses may be used on

the Maltese national territory only.

(8) In order for a vehicle to be issued

with a licence to operate as a Malta heritage bus,

such vehicle must satisfy the following

conditions

(a)

it shall satisfy the requirements

stipulated in the definition "Malta heritage

bus" as established in regulation 2

Provided that any vehicle which was

formerly used as a motor route bus and

which was subsequently issued with a

passenger transport vehicle licence shall

also have the right to participate in the

competitive process referred to in

paragraph (b) as long as such vehicle has

its coachwork manufactured in Malta and

has been registered in Malta as a passenger

transport vehicle prior to 1 January, 1975

and was registered as such for at least five

consecutive years at any time prior to the

coming into force of these regulations and

is not licensed as a vintage bus in terms of

Part X, whether the passenger transport

vehicle licence of such vehicle has been

surrendered to the Authority in order to

obtain a replacement passenger transport

vehicle licence and is currently licensed as

a private vehicle [in which case such

vehicle shall be liable to payment of the

entry fee per seat due in terms of

regulation 117(6)] or whether such vehicle

is had been duly licensed as a passenger

transport vehicle and is now entitled to

obtain a replacement passenger transport

vehicle licence [(in which case the

payment of the entry fee per seat

established in terms of regulation 117(6)

shall not apply]

Provided further that, in the event that

such a vehicle which is still duly licensed

as a passenger transport vehicle or which is

entitled to obtain a replacement passenger

transport vehicle licence succeeds to obtain

a ‘Malta heritage bus’ licence after

participating

in

the

above-stated

competitive process, the owner of such a

vehicle shall not be entitled to obtain a

replacement passenger transport vehicle

licence in addition to the ‘Malta heritage

bus’ licence thus obtained.

B

(b) in the event that the Authority

decides that the number of Malta heritage

buses operating on the road in Malta shall

be restricted, it shall have been awarded a

licence by the Authority following the

competitive process referred to in sub-

regulation (3);

(c)

it shall be powered either by an

engine which runs on LPG or by an engine

which is not less than Euro V standard;

(d) it shall be equipped with an

audio recording of not less than ten

minutes in length explaining the history of

Malta, which audio recording shall be

played on every trip made by the Malta

heritage bus.

(9) In order for any person to operate a

Malta heritage bus, such person must be in

possession of an operator’s licence issued by the

Authority for the carrying out of passenger

transport services in terms of Part II.

(10) Furthermore, in order for a vehicle

licensed for such purpose to operate as a Malta

heritage bus, the operator shall

(a)

in addition to the annual

circulation fee, pay the applicable annual

fee established in the Tenth Schedule;

(b) except for such vehicles which

are exempt from the payment of the entry

fee as stipulated in the proviso to

paragraph (a) of sub-regulation (8), pay the

relative entry fee due in terms of regulation

117(6);

(c)

comply with all the provisions

of Part VII; and

(d) comply

with

any

other

conditions which the Authority may

impose.

PART XII

PASSENGER TRANSPORT SERVICES BY

MEANS OF ELECTRIC TROLLEY

VEHICLES

68R. (1)

Electric trolley vehicle routes

Routes for

electric trolley

may only be established by the Authority which

vehicles.

may impose any conditions for the operation of

electric trolley vehicles on such routes.

(2) The Authority may authorise

operators to provide regular passenger services

on electric trolley vehicle routes by means of

electric trolley vehicles subject to the following

conditions

(a)

operators shall only be able to

operate electric trolley vehicles in such

localities and on such routes as may be

established by the Authority from time to

time;

(b) operators shall make available

to the public all information pertaining to

fares, schedules, routes, pickup and drop

off points. Such information shall also be

available on each electric trolley vehicle

operating on such route;

(c)

operators and drivers shall

comply with all the information made

publicly available in terms of paragraph (b)

(d) drivers shall not, while

carrying out regular passenger services,

pick up and, or drop off passengers on any

location other than the pick up and drop off

points approved by the Authority along the

electric trolley vehicle route;

(e)

operators shall pay the fee

established by the Authority for the

electric trolley vehicle route; and

(f)

operators and drivers shall

comply at all times with any other

conditions made by the Authority.

(3) The Authority may restrict the

number of electric trolley vehicles authorised to

operate regular passenger services on any

electric trolley vehicle route as may be necessary

for the regulation, management, safety and

control of road traffic.

B

(4) Where the Authority decides that the

number of electric trolley vehicles operating on

any electric trolley vehicles route shall be

restricted, it shall only allow electric trolley

vehicles to operate on such route following a

public competitive process leading to the award

of a concessionary agreement to operate such

route with electric trolley vehicles to one or

more operators.

(5) The Authority shall withdraw the

authorisation for the operation of an electric

trolley vehicles route for which authorisations

have been restricted if the operator fails to

operate the service, without the prior written

permission of the Authority, for a period of

seven consecutive days or commits any other

material breach of these regulations which, in

the absolute discretion of the Authority, warrants

the withdrawal of the authorisation.

(6) The Authority shall also withdraw

the authorisation for the operation of an electric

trolley vehicle route for reasons of safety and

security or should it deem this to be in the

interest of the general public.

(7) All electric trolley vehicles used for

the transport of passengers on electric trolley

vehicle routes established by the Authority shall

be properly registered, licensed and insured.

(8) When submitting an application for a

vehicle to be licensed by the Authority as an

electric trolley vehicle for the transport of

passengers on such routes as may be established

by the Authority, the applicant shall, in his

application, in addition to any other

documentation and information which may be

requested by the Authority, specify -

(a)

the maximum number of

passengers which the electric trolley

vehicle may carry in accordance with the

type-approval certificate;

(b) the overall length of the

vehicle;

(c)

the overall width of the

vehicle; and

(d) the articulating angle in

degrees or turning circle in meters of the

vehicle.

(9) Electric trolley vehicles may only be

licensed by the Authority to be operated

exclusively on electric trolley vehicle routes

established by the Authority in terms of this

regulation and no other use thereof, whether for

private use or for hire and reward, shall be

permitted.

(10) Electric trolley vehicle services shall

only be sold from such pick up points which

shall be established by the Authority or on board

electric trolley vehicles. All persons selling such

services, which may also include the driver,

shall wear a uniform and shall also wear, at all

times and in a conspicuous place, 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. Such uniform and

identification tag shall be subject to the approval

of the Authority.

(11) No person shall sell or cause or

permit another person to sell electric trolley

vehicle services in breach of the provisions of

sub-regulation (10).

(12) No person shall solicit, whether

directly or indirectly, any other person in any

location for any electric trolley vehicle service.

(13) The operator of electric trolley

vehicles shall be obliged to ensure that -

(a)

all such electric trolley vehicles

are properly fitted with audio mechanisms

by means of which the driver may

communicate any necessary notices,

warnings or information to the passengers

aboard;

(b) all such electric trolley vehicles

are right-hand drive vehicles;

(c)

all the details specified in the

application submitted in terms of sub-

regulation (8) continue to be observed and

remain unchanged;

(d) no modifications to any electric

trolley vehicle is carried out following the

issuance of the certificate authorizing the

use on the road of such vehicle;

(e)

prior to the use of an electric

trolley vehicle on the road, such vehicle is

covered by a certificate issued by a

warranted mechanical engineer which

certifies that it has passed a roadworthiness

test conducted in his presence on safety of

brakes, lights, steering mechanism, audio

mechanism and condition of tyres;

(f)

such roadworthiness test is

conducted every twelve months prior to the

renewal of the licence;

(g) the electric trolley vehicle can

always be accessed for the boarding and

alighting of passengers only from the left

hand side of the vehicle;

(h) the electric trolley vehicles are

properly designed and equipped to allow

and facilitate access to persons with

disability and mobility problems; and

(i)

the electric trolley vehicles

have all adequate and necessary signage

and equipment in order to ensure the safety

of its passengers.".

Regulation 107 of the principal regulations shall be

amended as follows

(a)

immediately after paragraph (j) of sub-regulation (1)

thereof there shall be added the following new paragraph

"(k) regulation 68Q(4),"; and

(b) sub-regulation 10 thereof shall be substituted by the

following

"(10) Any person who commits a breach of

regulation 42(3)(a) and (4), of regulation 68O(10)(a) and

(11), of regulation 68Q(5), of regulation 68R(10), (11) and

(12) and of regulation 69(10)(a) and (11) shall be guilty of

an offence and shall, on conviction, be liable to a fine

(ammenda) of not less than one hundred euro (€100) but

not more than five hundred euro (€500).".

Regulation 112 of the principal regulations shall be Amends

regulation 112

amended as follows

of the principal

regulations.

(a) immediately after sub-regulation (1) thereof there

shall be added the following proviso

"Provided that where an operator has more than

one passenger transport vehicle registered on his operator’s

licence, the operator’s licence shall be withdrawn either in

the event that its holder accumulates an aggregate of five

hundred penalty points on any one vehicle registered under

such licence or accumulates, on the total number of

vehicles registered under his operator’s licence, a total

amount of five hundred penalty points plus an additional

one hundred penalty points per vehicle registered under

such operator’s licence."; and

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

than 16 penalty points" there shall be substituted the words "less

than 16 penalty points per vehicle registered under his

operator’s licence".

Immediately after sub-regulation (5) of regulation 117 of Amends

the principal Regulations, there shall be added the following new sub- regulation

of the principal

regulation

regulations.

"(6) The application fee for a Malta heritage bus referred

to in regulation 68Q shall be made up of two parts being the

application fee and the entry fee, where this is applicable, as

stipulated in Part 4A of the Tenth Schedule.".

In the Ninth Schedule to the principal regulations, Amends the

Ninth Schedule

immediately after the item -

to the principal

regulations.

" 68P(1)(d), 68P(2), 68P(4)

"

€500

there shall be added the following items

" 68Q(1)

The penalty prescribed in

this Schedule for breaches

of the specific regulations

stipulated in regulation 68R

according to the specific

regulation breached

68Q(4)

€500

68Q(5)

€200

68Q(10)(c)

€500

68R(1)

The penalty prescribed in

this Schedule for breaches

of the specific regulations

stipulated in regulation 68R

according to the specific

regulation breached

68R(2), 68R(7), 68R(13)

€500

68O(10), (11) and (12)

€100 or €200 where the sale

of a service is made within

".

five metres of a bus stop

The Tenth Schedule to the principal regulations shall be

amended as follows

(a)

the proviso immediately after the table in Part 4

thereof shall be substituted by the following

"Provided that coaches which are new motor

vehicles, open top buses which are new motor vehicles, tail

lift vans which are new motor vehicles, vintage buses,

trackless trains and electric trolley vehicles shall be

exempt from the entry fee irrespective of the number of

passengers which they can carry."; and

(b) immediately after Part 4 thereof there shall be added

the following new Part

"Part 4A

Application for Malta Heritage Bus Licence -

Regulation 68Q

1. Application fee for a Malta Heritage Bus

Licence

€500

2. Entry Fee payable in applicable cases

Entry Fee payable upon application for

a passenger transport vehicle licence

Number of Passengers which

may be carried on Malta

Entry Fee Payable

Heritage Bus

€25,000

€25,500

€26,000

€26,500

€27,000

€27,500

€28,000

€28,500

€29,000

€29,500

€30,000

€30,500

€31,000

€31,500

€32,000

€32,500

€33,000

€33,500

€34,000

€34,500

50 or more

€35,000".

B

B

B

€1.44