Regulations, 2016

L.N. 423 of 2016

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Motor Vehicles (Carriage of Goods by Road) (Amendment)

Regulations, 2016

IN exercise of the powers conferred by article 54 of the Traffic

Regulation Ordinance, the Minister for Infrastructure, Transport and

Communication, after consultation with the Malta Transport

Authority, has made the following regulations:-

The title of these regulations is the Motor Vehicles Citation.

(Carriage of Goods by Road) (Amendment) Regulations, 2016 and

they shall be read and construed as one with the Motor Vehicles S.L. 65.19

(Carriage of Goods by Road) Regulations, hereinafter referred to as

"the principal regulations".

The scope of these regulations is to transpose Directive Scope.

(EU) 2015/719 of the European Parliament and of the Council of 29

April 2015 amending Council Directive 96/53/EC laying down for

certain road vehicles circulating within the Community the maximum

authorized dimensions in national and international traffic and the

maximum authorized weights in international traffic.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

the word "loical" in the definition of "authorized

inspecting officer" shall be substituted by the word "local";

(b)

in the Maltese text thereof, the definition "burdnar"

shall be substituted by the following

" "burdnar" għandha tfisser entità ġuridika jew

persuna fiżika jew ġuridika li hija msemmija fuq polza ta'

kargu jew fuq dokument ta' trasport ekwivalenti,

pereżempju polza ta' kargu tat-tip ‘through’, bħala l-

burdnar u, jew li f'isimha jew għan-nom tagħha jkun ġie

konkluż kuntratt ta' ġarr mal-kumpannija tat-trasport;";

(c)

immediately after the definition ''Directive 2006/22/

EC'' there shall be added the following new definitions

" "Directive 92/106/EEC" means Council Directive

92/106/EEC of 7 December 1992 on the establishment of

common rules for certain types of combined transport of

goods between Member States;

"Directive (EU) 2015/719" means Directive (EU)

2015/719 of the European Parliament and of the Council of

29 April 2015 amending Council Directive 96/53/EC

laying down for certain road vehicles circulating within the

community the maximum authorized dimensions in

national and international traffic and the maximum

authorized weights in international traffic;";

(d)

immediately after the definition ''holder'' there shall

be added the following new definition

" "intermodal transport operation" means

(a) the combined transport operations defined

in Article 1 of Council Directive 92/106/EEC

engaged in the transport of one or more containers or

swap bodies, up to a total maximum length of 45

feet; or

(b) transport operations engaged in the

transport of one or more containers or swap bodies,

up to a total maximum length of 45 feet, using

waterborne transport, provided that the length of the

initial or the final road leg does not exceed 150km in

the territory of the Union. The distance of 150km

referred to above may be exceeded in order to reach

the nearest suitable transport terminal for the

envisaged service in the case of

(i) vehicles complying with point

2.2.2(a) or (b) of the First Schedule of Motor

Vehicles (Weights, Dimensions and Equipment)

Regulations; or

(ii) vehicles complying with point

2.2.2(c) or (d) of the First Schedule of Motor

Vehicles (Weights, Dimensions and Equipment)

Regulations, in cases where such distances are

permitted in the relevant Member State.

For intermodal transport operations, the

nearest suitable transport terminal providing a

service may be located in a Member State other

than the Member State in which the shipment

was loaded or unloaded;";

(e)

immediately after the definition ''semi-trailer'' there

shall be added the following new definition

" "shipper" means a legal entity or a natural or legal

person who is named on the bill of lading or on an

equivalent transport document, such as "through" bill of

lading, as the shipper and/or in whose name or on whose

behalf a contract of carriage has been concluded with the

transport company;".

Sub-regulation (4) of regulation 35 of the principal Amends

regulations shall be renumbered as sub-regulation (5) and regulation

the principal

immediately after sub-regulation (3) there shall be added the regulations.

following new sub-regulation

"(4)

For the transport of containers and swap bodies

(a) the shipper is to give to the hauler to whom it

entrusts the transport of a container or swap body a

statement indicating the weight of the container or swap

body transported; and

(b) the hauler is to provide access to all relevant

documentation provided by the shipper.".

In sub-regulation (1) of regulation 84 of the principal Amends

regulation immediately after the words "in accordance with directive regulation

the principal

2006/22/EC" there shall be added the words "and Directive (EU) regulations.

2015/719 and the words "for the purposes of the said directive" shall

be substituted by "for the purposes of the said Directives.".

Sub-regulation (6) of regulation 88 of the principal Amends

regulation shall be renumbered as sub-regulation (7) and immediately regulation

the principal

after sub-regulation (5) there shall be added the following new sub- regulations.

regulation

"(6)

Any person who contravenes the provisions of

regulation 35(4) shall be guilty of an offence and shall, on

conviction, be liable to a fine (ammenda) of fifty eight euro and

twenty-three cents (58.23).".

The Sixth Schedule of the principal regulation shall be Amends the

Sixth Schedule

amended as follows

of the principal

regulation.

(a)

in point number 2 of paragraph 6 under the title

"Minimum technical and safety requirements" immediately

after the words "the Product Safety Act (Cap 427)" there shall

be added the following

"and any other relevant regulations issued under

the Traffic Regulation Ordinance (Cap 65)";

(b)

point number 2 of paragraph 10 under the title

"Minimum technical and safety requirements" shall be

renumbered as paragraph 12 and immediately after paragraph 9

there shall be added the following

"10. Vehicles that are registered in Malta must

have an on-board weighing equipment in accordance with

Motor Vehicles (Weights, Dimensions and Equipment)

Regulations, S.L. 65.21.

The aerodynamic devices referred to in the

Motor Vehicles (Weights, Dimensions and Equipment)

S.L. 65.21 shall fulfil the following operational conditions

a. in circumstances where the safety of other

road users or of the driver is at risk, they shall be

folded, retracted or removed by the driver;

b. their use on urban and inter urban road

infrastructures shall take into account the special

characteristics of areas where the speed limit is less

than or equal to 50 km/h and where vulnerable road

users are more likely to be present; and

c. their use shall be compatible with intermodal

transport operations and, in particular, when

retracted/folded, they shall not exceed the maximum

authorized length by more than 20 cm.".

€0.36