Regulations, 2016 (fifteenthschedule)

L.N. 365 of 2016

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Passenger Transport Services (Amendment No. 2)

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

Services (Amendment No. 2) Regulations, 2016, and these

regulations shall be read and construed as one with the Passenger

Transport Services Regulations, hereinafter referred to as "the

principal regulations".

(Regulation 68R)

Maximum fare chargeable by an electric trolley vehicle

€5".

€0.63

Regulation 2 of the principal regulations shall be amended

as follows

(a)

the definition "electric trolley vehicle route" shall be

deleted;

(b) immediately after the definition "electric trolley

vehicle" there shall be added the following new definition

" "electric trolley vehicle maximum fare" means

the maximum fare to be levied for transport services

rendered by means of electric trolley vehicles as specified

in the Fifteenth Schedule;";

(c) immediately after the new definition "electric trolley

vehicle maximum fare" there shall be added the following new

definition

" "electric trolley vehicle stand" means an area

specially designated and marked as such by the Authority

where electric trolley vehicles can stand for hire;"; and

(d) in the definition "passenger transport vehicles",

immediately after the words "trackless train" there shall be

added the words "and an electric trolley vehicle".

Regulation 42 of the principal regulations shall be

amendede as follows

(a)

in the proviso to sub-regulation (1) thereof,

immediately after the words "trackless trains" there shall be

added the words "and electric trolley vehicles";

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

"sightseeing passenger transport routes" there shall be

substituted the words "sightseeing passenger transport routes,

electric trolley vehicle services"; and

(c)

in sub-regulation (3) thereof, for the words

"sightseeing passenger transport routes" there shall be

substituted the words "sightseeing passenger transport routes,

electric trolley vehicle services".

In the proviso to regulation 53 of the principal regulations, Amends

for the words "sightseeing passenger transport routes" there shall be regulation

the principal

substituted the words "sightseeing passenger transport routes, electric regulations.

trolley vehicle services".

Regulation 62 of the principal regulations shall be Amends

regulation 62 of

amended as follows

the principal

regulations.

(a)

paragraph (b) thereof shall be substituted by the

following

"(b) parked off-street:";

(b) paragraph (c) thereof, including its proviso, shall be

deleted; and

(c)

in the proviso to the regulation itself, for the words

"Provided further that the Authority may" there shall be

substituted the words "Provided that the Authority may".

In the proviso to regulation 67, immediately after the Amends

words "trackless trains" there shall be added the words "and electric regulation

the principal

trolley vehicles".

regulations.

In paragraph (c) of sub-regulation (8) of regulation 68Q of Amends

the principal regulations, for the words "is not less than Euro V regulation

of the principal

standard" there shall be substituted the words "is fitted with a diesel regulations.

particulate filter".

Regulation 68R of the principal regulations shall be Substitutes

regulation 68R

substituted by the following

of the principal

regulations.

" Licences for

68R. (1)

The Authority may issue

operators to

licences for operators to operate electric trolley

operate electric

vehicles in the localities in Malta indicated in

trolley

vehicles.

the Fourteenth Schedule.

B

(2) Licensed operators of electric trolley

vehicles shall only provide national occasional

services subject to the following conditions

(a)

operators shall only be able to

operate electric trolley vehicles in such

localities listed and shown in the

Fourteenth Schedule;

(b) operators shall not charge

passengers a fare in excess of the electric

trolley vehicles maximum fare stipulated

in the Fifteenth Schedule, which fare is to

be displayed at all times on all electric

trolley vehicles and at all electric trolley

vehicle stands;

(c)

electric trolley vehicles shall

stop in order to allow the alighting of

passengers at such places as shall be

instructed by the passengers themselves

and the drivers of electric trolley vehicles

shall be obliged to ensure that the process

of alighting of passengers is conducted

safely and without causing any obstruction

to traffic;

(d) electric trolley vehicles may

not ply for hire and may only pick up

passengers from an electric trolley vehicle

stand; and

(e)

operators and drivers of

electric trolley vehicles shall comply at all

times with any other condition which may

be established by the Authority.

(3) The Authority may restrict the

number of electric trolley vehicles authorised to

operate national occasional services as may be

necessary for the regulation, management, safety

and control of road traffic and, in such case,

licences for electric trolley vehicles shall be

issued following a public competitive process

under such terms and conditions as shall be

established by the Authority.

(4) Without prejudice to the provisions

of regulations 14 and 112, the Authority shall

suspend or revoke the licence for the operation

of an electric trolley vehicle if the operator fails

to comply, on one or more occasions, with the

provisions of sub-regulation (2) and sub-

regulation (8) of this regulation and such a

breach or repeated breaches warrants, in the

absolute discretion of the Authority, the

suspension or revocation of the licence of such

operator.

(5) All electric trolley vehicles used for

the transport of passengers shall be duly

registered, licensed and insured.

(6) When submitting an application for a

vehicle to be licensed by the Authority as an

electric trolley vehicle 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 over-all length of the

vehicle;

(c)

the over-all width of the

vehicle; and

(d) the articulating angle in

degrees or turning circle in meters of the

vehicle.

(7) Drivers of electric trolley vehicles

shall wear a uniform and shall also wear, at all

times and in a conspicuous place, the

identification tag issued to them by the

Authority. The uniform to be worn by drivers of

electric trolley vehicles shall be subject to the

approval of the Authority.

(8) Operators of electric trolley vehicles

shall be obliged to ensure that -

B

(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 (6) 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)

all such electric trolley vehicles

are fitted with a mechanism which does not

permit such vehicles to be driven at a

speed which exceeds 25 km per hour;

(f)

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 and that

it is fitted with the mechanism provided for

in paragraph (e) and that such mechanism

is functioning properly;

(g) such roadworthiness test is

conducted every twelve months prior to the

renewal of the licence;

(h) the electric trolley vehicle can

always be accessed for the boarding and

alighting of passengers only from the left

hand side of the vehicle;

(i)

the electric trolley vehicle is

properly designed and equipped to allow

and facilitate access to persons with

disability and mobility problems; and

(j)

the electric trolley vehicle has

all adequate and necessary signage and

equipment in order to ensure the safety of

its passengers.

(9) Electric trolley vehicle services shall

not be sold on the road other than within five

metres of an electric trolley vehicle stand

Provided that a person selling such

services from an electric trolley vehicle stand or

on board an electric trolley vehicle, which

person may also be the driver of the electric

trolley vehicle, shall wear, at all times and in a

conspicuous place, an identification tag issued to

him by the operator of the electric trolley vehicle

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.

(10) No person shall -

(a)

sell, or

(b) cause or permit another person

to sell

electric trolley vehicle services in breach of the

provisions of sub-regulation (9).

(11) No person shall solicit, whether

directly or indirectly, any other person in any

location for any electric trolley vehicle service.".

The Ninth Schedule to the principal regulations shall be Amends the

Ninth Schedule

amended as follows

to the principal

regulations.

(a)

for the item

" 68R(2), 68R(7), 68R(13) €500

"

there shall be substituted the item

" 68R(2), 68R(8)

"

€500

and

(b)

immediately after the item (as amended)

" 68R(2), 68R(8)

"

€500

B

there shall be added the following new item

68R(9), (10) and (11)

€100 or €200 where the sale

of a service is made within

five metres of a bus stop or

a taxi stand

Immediately after the Thirteenth Schedule to the principal

Adds new

schedules to the

regulations, there shall be added the following new schedules

principal

regulations.

"FOURTEENTH SCHEDULE

(Regulation 68R)

Localities where transport services by electric trolley vehicles

may be operated

Valletta