Regulations, 2020

L.N. 193 of 2020

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Motor Vehicles (Driving Licences) (Amendment No. 2)

Regulations, 2020

IN EXERCISE of the powers conferred by article 54 of the

Traffic Regulation Ordinance and by article 43 of the Authority for

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

Capital Projects, after consultation with the Authority for Transport in

Malta, has made the following regulations:-

The title of these regulations is Motor Vehicles (Driving Citation.

Licences) (Amendment No. 2) Regulations, 2020 and these regulations

shall be read and construed as one with the Motor Vehicles (Driving S.L. 65.18.

Licences) Regulations, hereinafter referred to as "the principal

regulations".

Sub-regulation (1) of regulation 2 of the principal Amends

regulation 2 of

regulations shall be amended as follows

the principal

regulations.

(a) the definition "the Directive" thereof, shall be

substituted by the following

"''the Directive'' means Directive 2006/126/EC of the

European Parliament and the Council on driving licences as

amended by Commission Directive 2009/113/EC of 25

August, 2009, Commission Directive 2011/94/EU of 28

November, 2011, Commission Directive 2012/36/EU of 19

November, 2012, Council Directive 2013/22/EU of 13 May

2013, Commission Directive 2013/47/EU of 2 October,

2013, Commission Directive 2014/85/EU of 1 July, 2014,

Commission Directive (EU) 2015/653 of 24 April, 2015

and Commission Directive (EU) 2018/645/EU of the

European Parliament and the Council of 18 April, 2018;";

and

(b) immediately after the definition "Directive 2002/24/

EC" thereof, there shall be added the following new definition

"Directive 2003/59/EC" means Directive 2003/59/EC

of the European Parliament and of the Council relating on

the initial qualification and periodic training of drivers of

certain road vehicles for the carriage of goods or

passengers, amending Council Regulation (EEC) No. 3820/

85 and Council Directive 91/439/EEC and repealing

Council Directive 76/914/EEC;".

Regulation 28 of the principal regulations shall be

substituted by the following

" Exempt drivers.

The provisions of regulation 27 shall not

apply to the drivers of

(a) vehicles with a maximum authorised

speed not exceeding forty-five (45) kilometres per

hour;

(b) vehicles used by, or under the control

of, the armed forces, civil defence, the fire and

rescue service and forces responsible for

maintaining public order; and emergency

ambulance services, when the carriage is

undertaken as a consequence of the tasks assigned

to those services;

(c) vehicles undergoing road tests for

technical development, repair or maintenance

purposes, or the drivers of new or rebuilt vehicles

which have not yet been put into service;

(d) vehicles for which a driving licence of

category D or D1 is required and which are driven

without passengers by maintenance personnel to

or from a maintenance centre situated in the

vicinity of the nearest maintenance base which is

used by the transport operator, provided that

driving the vehicle does not constitute the driver's

principal activity;

(e) vehicles used in states of emergency or

assigned to rescue missions, including vehicles

used in the non-commercial transport of

humanitarian aid;

(f) vehicles used for driving instruction

for, and examination of, any person wishing to

obtain a driving licence or a Certificate of

Professional Competence (CPC), in accordance

with regulation 29, provided that they are not

being used for the commercial carriage of goods

and passengers;

(g) vehicles used for non-commercial

carriage of passengers or goods; and

(h) vehicles carrying material, equipment

or machinery to be used by the drivers in the

course of their work, provided that driving the

vehicles is not the drivers’ principal activity

Provided that paragraph (f) shall not

apply to any person wishing to obtain a driving

licence or a Certificate of Professional

Competence (CPC), in accordance with

regulation 29, when that person is undergoing

additional driving training during work-based

learning, where that person is accompanied by

another person certified by a Certificate of

Professional Competence (CPC), or a driving

instructor, for the category of vehicle used for the

purpose set out in that paragraph.".

4. In the First Schedule to the principal regulations, in item Amends the

"B", under the column with the heading "Class of vehicle", the words First

to the principal

from "Motor vehicles" to "or tricycle", shall be substituted by the regulations.

words

"Motor vehicles with a maximum authorised mass not

exceeding three-thousand and five-hundred (3,500) kg and

designed and constructed for the carriage of no more than eight

(8) passengers in addition to the driver; motor vehicles in this

category may be combined with a trailer having a maximum

authorised mass which does not exceed seven-hundred and fifty

(750) kg.

Without prejudice to the provisions of type-approval rules

for the vehicles concerned, motor vehicles in this category may

be combined with a trailer with a maximum authorised mass

exceeding seven-hundred and fifty (750) kg, provided that the

maximum authorised mass of a vehicle combined with a trailer

does not exceed four-thousand, two-hundred and fifty (4,250)

kg. Where a vehicle combined with a trailer exceeds three-

thousand and five-hundred (3,500) kg it shall be driven only

after a driver has passed a test of skills and behaviour, in

accordance with Annex V of the Directive.

Alternatively fuelled vehicles, as referred to in Article 2 of

the Council Directive 96/53/EC with a maximum authorized

mass above three-thousand and five-hundred (3,500) kg but not

exceeding four-thousand, two-hundred and fifty (4,250) kg for

the transport of goods operating without a trailer by holders of a

category B driving licence which was issued at least two (2)

years before, provided that the mass in excess of three-thousand

and five-hundred (3,500) kg is due exclusively to the excess of

mass of the propulsion system in relation to the propulsion

system of a vehicle of the same dimensions, which is equipped

with a conventional internal combustion engine with positive

ignition or compression ignition, and provided that the cargo

capacity is not increased in relation to the same vehicle.

Motor tricycles with a power exceeding fifteen (15) kW

provided that the holder of the licence is at least twenty-one (21)

years old.

Motorcycles or tricycles listed under Code 111 in the

Seventh Schedule, provided the holder had undergone a training

course of ten (10) hours organised by a licensed motoring school

as prescribed by the Authority and has been issued with a

certificate at the end of the said course. The holder shall not

carry a pillion while driving the motorcycle or tricycle.".

5. In Column 2 with the heading "Age in years", in paragraph

(b) of the Second Schedule to the principal regulations, the row

relative to Category D1, D1E, the number "20" shall be substituted by

the number "21".

6. The Thirteenth Schedule to the principle regulations shall

be substituted by the following

"THIRTEENTH SCHEDULE

(Regulations 29, 30)

Minimum qualification and training requirements

Section 1: List of subjects

1. The knowledge to be taken into account when establishing

the driver’s initial qualification and periodic training must

include at least the subjects in this list. Trainee drivers must

reach the level of knowledge and practical competence

necessary to drive in all safety vehicles of the relevant

licence category.

The minimum level of qualification shall be comparable at least

to level 2 of the European Qualifications Framework as provided

for in Annex II to Recommendation of the European Parliament

and of the Council of 23 April 2008.

Advanced training in rational driving based on safety regulations

All licences

1.1. Objective: to know the characteristics of the transmission

system in order to make the best possible use of it

curves relating to torque, power, and specific consumption of an

engine, area of optimum use of revolution counter, gearbox-ratio

cover diagrams.

1.2. Objective: to know the technical characteristics and

operation of the safety controls in order to control the

vehicle, minimise wear and tear, and prevent

disfunctioning

limits to the use of brakes and retarder, combined use of brakes

and retarder, making better use of speed and gear ratio, making

use of vehicle inertia, using ways of slowing down and braking

on downhill stretches, action in the event of failure, use of

electronic and mechanical devices such as Electronic Stability

Program (ESP), Advanced Emergency Braking Systems (AEBS),

Anti-Lock Braking System (ABS), traction control systems

(TCS) and in vehicle monitoring systems (IVMS) and other,

approved for use, driver assistance or automation devices.

1.3. Objective: ability to optimise fuel consumption

optimisation of fuel consumption by applying know-how as

regards points 1.1 and 1.2, importance of anticipating traffic

flow, appropriate distance to other vehicles and use of the

vehicle's momentum, steady speed, smooth driving style and

appropriate tyre pressure, and familiarity with intelligent

transport systems that improve driving efficiency and assist in

route planning.

1.3a. Objective: ability to anticipate, assess and adapt to risks in

traffic

to be aware of and adapt to different road, traffic and weather

conditions, anticipate forthcoming events; to understand how to

prepare and plan a journey during abnormal weather conditions;

to be familiar with the use of related safety equipment and to

understand when a journey has to be postponed or cancelled due

to extreme weather conditions; to adapt to the risks of traffic,

including dangerous behaviour in traffic or distracted driving

(through the use of electronic devices, eating, drinking, etc.); to

recognise and adapt to dangerous situations and to be able to

cope with stress deriving therefrom, in particular related to size

and weight of the vehicles and vulnerable road users, such as

pedestrians, cyclists and powered two wheelers;

to identify possible hazardous situations and properly interpret

how these potentially hazardous situations may turn into

situations where crashes can no longer be averted and selecting

and implementing actions that increase the safety margins to

such an extent that a crash can still be averted in case the

potential hazards should occur.

Licences C, C+E, C1, C1+E

1.4. Objective: ability to load the vehicle with due regard for

safety rules and proper vehicle use

forces affecting vehicles in motion, use of gearbox ratios

according to vehicle load and road profile, use of automatic

transmission systems, calculation of payload of vehicle or

assembly, calculation of total volume, load distribution,

consequences of overloading the axle, vehicle stability and

centre of gravity, types of packaging and pallets;

main categories of goods needing securing, clamping and securing

techniques, use of securing straps, checking of securing devices,

use of handling equipment, placing and removal of tarpaulins.

Licences D, D+E, D1, D1+E, f

1.5. Objective: ability to ensure passenger comfort and safety

adjusting longitudinal and sideways movements, road sharing,

position on the road, smooth breaking, overhang operation, using

specific infrastructures (public areas, dedicated lanes), managing

conflicts between safe driving and other roles as a driver,

interacting with passengers, specificities of certain groups of

passengers (disabled persons, children).

1.6. Objective: ability to load the vehicle with due regard for

safety rules and proper vehicle use

forces affecting vehicles in motion, use of gearbox-ratios

according to vehicle load and road profile, use of automatic

transmission systems, calculation of payload of vehicle or

assembly, load distribution, consequences of overloading the

axle, vehicle stability and centre of gravity.

Application of regulations

All licences

2.1. Objective: to know the social environment of road transport

and the rules governing it

maximum working periods specific to the transport industry;

principles, application and consequences of Regulations (EC) No

561/2006 and (EU) No 165/2014 of the European Parliament and

of the Council; penalties for failure to use, improper use of and

tampering with the tachograph; knowledge of the social

environment of road transport: rights and duties of drivers as

regards initial qualification and periodic training.

Licences C, C+E, C1, C1+E

2.2. Objective: to know the regulations governing the carriage

of goods

transport operating licences, documents to be carried in the

vehicle, bans on using certain roads, road-use fees, obligations

under standard contracts for the carriage of goods, drafting of

documents which form the transport contract, international

transport permits, obligations under the Convention on the

Contract for the International Carriage of Goods by Road,

drafting of the international consignment note, crossing borders,

freight forwarders, special documents accompanying goods.

Licences D, D+E, D1, D1+E, f

2.3. Objective: to know the regulations governing the carriage

of passengers

carriage of specific groups of passengers, safety equipment on

board buses, safety belts, vehicle load.

3. Health, road and environmental safety, service, logistics

All licences

3.1. Objective: to make drivers aware of the risks of the road

and of accidents at work

types of accidents at work in the transport sector, road accident

statistics, involvement of lorries/coaches, human, material and

financial consequences.

3.2. Objective: ability to prevent criminality and trafficking in

illegal immigrants

general information, implications for drivers, preventive

measures, check list, legislation on transport operator liability.

3.3. Objective: ability to prevent physical risks

ergonomic principles; movements and postures which pose a

risk, physical fitness, handling exercises, personal protection.

3.4. Objective: awareness of the importance of physical and

mental ability

principles of healthy, balanced eating, effects of alcohol, drugs or

any other substance likely to affect behaviour, symptoms, causes,

effects of fatigue and stress, fundamental role of the basic work/

rest cycle.

3.5

Objective: ability to assess emergency situations

behaviour in an emergency situation: assessment of the situation,

avoiding complications of an accident, summoning assistance,

assisting casualties and giving first aid, reaction in the event of

fire, evacuation of occupants of a lorry/bus passengers, ensuring

the safety of all passengers, reaction in the event of aggression;

basic principles for the drafting of an accident report.

3.6. Objective: ability to adopt behaviour to help enhance the

image of the company

behaviour of the driver and company image: importance for the

company of the standard of service provided by the driver, the

roles of the driver, people with whom the driver will be dealing,

vehicle maintenance, work organisation, commercial and

financial effects of a dispute.

Licences C, C+E, C1, C1+E

3.7. Objective: to know the economic environment of road

haulage and the organisation of the market

road transport in relation to other modes of transport

(competition, shippers), different road transport activities

(transport for hire or reward, own account, auxiliary transport

activities), organisation of the main types of transport company

and auxiliary transport activities, different transport

specialisations (road tanker, controlled temperature, dangerous

goods, animal transport, etc.), changes in the industry

(diversification of services provided, rail-road, subcontracting,

etc.).

Licences D, D+E, D1, D1+E, f

3.8. Objective: to know the economic environment of the

carriage of passengers by road and the organisation of the

market

carriage of passengers by road in relation to other modes of

passenger transport (rail, private car), different activities

involving the carriage of passengers by road, disability

awareness, crossing borders (international transport),

organisation of the main types of companies for the carriage of

passengers by road.

Section 2: Compulsory initial qualification provided for in regulation

The Authority or an entity designated by it shall organise the

following theoretical and practical tests to check whether the

trainee driver has the level of knowledge required in section 1 for

the subjects and objectives listed there.

(a)

The theoretical test shall consist of at least two parts

(i) questions including multiple-choice questions,

questions requiring a direct answer, or a combination of

both;

(ii)

case studies.

The minimum duration of the theoretical test must be four hours.

(b)

The practical test shall consist of two parts

(i) a driving test aimed at assessing training in

rational driving based on safety regulations. The test must

take place, whenever possible, on roads outside built-up

areas, on fast roads and on motorways (or similar), and on

all kinds of urban highways presenting the different types

of difficulties that a driver is liable to encounter. It would

be desirable for this test to take place in different traffic

density conditions.

The driving time on the road must be used optimally in order to

assess the candidate in all traffic areas likely to be encountered.

The minimum duration of this test must be 90 minutes;

(ii) a practical test covering at least points 1.4, 1.5,

1.6, 3.2, 3.3 and 3.5.

The minimum duration of this test must be 30 minutes.

The vehicle used for the practical test must meet at least the

requirements for test vehicles as defined in the Third Schedule.

The practical test may be supplemented by a third test taking

place on special terrain or on a top-of-the-range simulator so as

to assess training in rational driving based on safety regulations,

in particular with regard to vehicle handling in different road

conditions and the way they change with different atmospheric

conditions and the time of day or night.

The duration of this optional test is not fixed. Should the driver

undergo such a test, its duration may be deducted from the 90

minutes of the driving test referred to under (i), but the time

deducted may not exceed 30 minutes.

For new drivers, the theoretical test must be limited to the

subjects, referred to in section 1, which are relevant to the

vehicles to which the new initial qualification applies. However,

such drivers must undergo the whole practical test.

Section 3: Compulsory periodic training

Compulsory periodic training courses must be organised by an

approved training centre. Their duration must be of 35 hours

every five years, given in periods of at least seven hours, which

may be split over two consecutive days. Whenever e-learning is

used, the approved training centre shall ensure that the proper

quality of the training is maintained, including by selecting the

subjects where ICT tools can most effectively be deployed. In

particular, the Authority shall require reliable user identification

and appropriate means of control. The maximum duration of the

e-learning training shall not exceed 12 hours. At least one of the

training course periods shall cover a road safety subject. The

content of the training shall take into account training needs

specific to the transport operations carried out by the driver and

relevant legal and technological developments and should, as far

as possible, take into account specific training needs of the

driver. A range of different subjects should be covered over the

35 hours, including repeat training where it is shown that the

driver needs specific remedial training.

Section 4: Approval of the initial qualification and periodic training

4.1. The training centres taking part in the initial qualification

and periodic training must be approved by the Authority.

Approval may be given only in response to a written

application. The application must be accompanied by

documents including

4.1.1 a suitable qualification and training programme specifying

the subjects taught and setting out the proposed

implementing plan and teaching methods;

4.1.2. the instructors’ qualifications and fields of activity;

4.1.3. information about the premises where the courses are

given, the teaching materials, the resources made available

for the practical work, and the vehicle fleet used;

4.1.4. the conditions regarding participation in the courses

(number of participants).

4.2. The Authority must give approval in writing subject to the

following conditions

4.2.1. the training must be given in accordance with the

documents accompanying the application;

4.2.2. the Authority must be entitled to send authorised persons

to assist in the training courses of the approved centres, and

must be entitled to monitor such centres, with regard to the

resources used and the proper running of the training

courses and tests;

4.2.3. the approval may be withdrawn or suspended if the

conditions of approval are no longer complied with.

The approved centre must guarantee that the instructors have a

sound knowledge of the most recent regulations and training

requirements. As part of a specific selection procedure, the

instructors must provide certification showing a knowledge of

both the subject material and teaching methods. As regards the

practical part of the training, instructors must provide

certification of experience as professional drivers or similar

driving experience, such as that of driving instructors for heavy

vehicles.

The programme of instruction must be in accordance with the

approval and must cover the subjects in the list in section 1.".

€1.08