MT
Regulations, 2020
Table of Provisions (82)
Statutory Text (82 Articles)
L.N. 366 of 2020
TRAFFIC REGULATION ORDINANCE
(CAP. 65)
AUTHORITY FOR TRANSPORT IN MALTA ACT
(CAP. 499)
Light Passenger Transport Services and Vehicle Hire Services
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, made the following regulations:-
Regulations
Part I
Preliminary
2 – 4
Part II
Operator’s Licence for Light Passenger Trans-
5 – 14
port Services
Part III
Light Passenger Transport Services: Obligations
15 – 37
and Requirements of the Operator
Part IV
Driver’s Permit
38 – 45
Part V
Operator’s Licence for Vehicle Hire Services
46 – 49
Part VI
Vehicle Hire Services: Obligations and Require-
50 – 55
ments of the Operator
Part VII
The Light Passenger and Vehicle Hire Services
56 - 57
Register
Part VIII Licensed Vehicles
58 - 63
Part IX
Booking Platforms
64 – 66
Part X
Offences and Penalties
67 - 74
Part XI
General and Transitory Provisions
75 - 77
SCHEDULES
First Schedule Fees
Second Schedule Sign denoting that the vehicle is a wheelchair accessible
light passenger transport vehicle
Third Schedule List of subjects to be covered in the training course
Fourth Schedule Administrative Penalties
The title of these Regulations is the Light Passenger Citation.
Transport Services and Vehicle Hire Services Regulations, 2020.
PART I
PRELIMINARY
(Regulations 5(4), 42(b), 44(5), 44(6), 65(4))
FEES
Application fee for Light Passenger Transport Vehicle Services
Operator Licence (under Part II)
€200
Renewal fee for Light Passenger Transport Vehicle Services
Operator Licence (under Part II)
€200
Transfer of Operator Licence (under Part II)
€50
Changes in Licence (under Part II)
€25
Reissuing lost Licence (under Part II)
€10
Application for granting and renewal of driver’s tag (under Part
IV)
€12
Replacement of lost driver’s tag (under Part IV)
€12
Application fee for Vehicle Hire Services Operator Licence
(under Part V)
€200
Renewal fee for Vehicle Hire Services Operator Licence (under
Part V)
€200
Transfer of Operator Licence (under Part V)
€50
Changes in Operator Licence (under Part V)
€25
Reissuing lost licence
€10
Application fee for a Passenger Transport Vehicle Licence
(under Part VIII
€25
Application fee for Intermediary Booking Platform Service
(under Part IX)
€100
Renewal Fee (under Part IX
€100
In these regulations, unless the context otherwise requires
"Act" means the Authority for Transport in Malta Act;
"Authority" means the Authority for Transport in Malta as
established by article 5 of the Authority for Transport in Malta
Act;
"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;
"authorised inspecting officer" means a Police officer, a
community officer or an officer of the Authority;
"car sharing vehicle’ means a vehicle which is licensed
under a car-sharing operator’s licence to be hired from a car
sharing operator for the purpose of being driven by the hirer
from one car sharing parking space designated for such purpose
by the Authority to another car sharing parking space designated
for such purpose by the Authority;
"designated person" means a natural person, designated to
the Authority by an operator or an applicant for an operator’s
licence, as the person who continuously and effectively manages
the passenger transport and, or vehicle rental services;
"driver’s permit" means a permit issued by the Authority to
drivers in terms of Part IV;
"driver’s tag" means a tag issued by the Authority to a
driver in terms of Part IV;
''e-kickscooter sharing services'' means a short term rent by
a user of an e-kickscooter provided by an e-kickscooter sharing
operator licensed by the Authority; e-kickscooter sharing
services may be provided either as a free-floating service or as a
docking station sharing service;
''electric kick scooter'' or ''e-kickscooter'' means a stand-up
device that has a handlebar, a deck and small hard wheels
powered by an electric motor and which also allows for human
propulsion;
"goods carrying vehicle" means any N1, or N2 or N3 motor
vehicle;
"hire" shall include short lease and long-term lease covered
by a lease agreement;
"hire or reward" means payment made for the carriage of
passengers other than on own account, that is to say against
payment or compensation by the person being transported or by
the hirer, whether such payment or compensation is made
directly or indirectly;"hirer" means a person who is granted the
right to drive a hired motor vehicle for the duration for which a
motor vehicle is rented or taken out on lease;
"intermediary booking service platform" means a platform
whereby light passenger transport services may be booked by
customers from operators of light passenger transport services
through an intermediary holding an authorisation for such
purpose from the Authority;
"light passenger transport vehicle", for the purpose of these
regulations, means such vehicles driven by a person holding a
driver’s permit who is employed by an operator for the purpose
of the conveyancing of passengers; said vehicles are registered
under Section 1 of Part IV of the Light Passenger and Rental
Services Register;
"light passenger transport services" means the
conveyancing of passengers for payment or reward by means of
chauffeur-driven vehicles which are registered under an
operator’s licence;
"light passenger transport services operator " means any
person, whether natural or legal, who is authorised by the
Authority to operate a light passenger transport service;
"limousine" means a luxury passenger vehicle which either
has a chassis or wheel-base that has been stretched, or is a sedan
which is promoted as a luxury vehicle by its manufacturer, and
for the purpose of this regulation shall in any case have an
overall length that exceeds 5.15m;
''low-powered cycle'' means a vehicle, having a kerbside
weight not exceeding 350 kg, which is either propelled only by
pedals in the case of a bicycle or tricycle, or by a combination of
pedals and a motor in the case of a power assisted bicycle or
tricycle, or by a combustion engine of a piston displacement
capacity of 50 cm³ or less, and a maximum of two brake
horsepower, or an electric motor with a maximum net power
output of 1.49Kw, which is capable of a maximum speed of not
more than 45 km per hour in the case of a motorised scooter or
cycle;
"M1 vehicle" means a motor vehicle used for the carriage
of passengers and comprising no more than eight (8) seats in
addition to the driver’s seat;
"M2 vehicle" means a motor vehicle used for the carriage
of passengers, comprising more than eight seats in addition to
the driver’s seat, and having a maximum mass not exceeding five
tonnes;
"M3 vehicle" means a motor vehicle used for the carriage
of passengers, comprising more than eight (5) seats in addition to
the driver’s seat, and having a maximum mass exceeding 5
tonnes;
"motorcycle" means any two-wheeled vehicle fitted with an
engine having a cylinder capacity of more than 50cm³ if of the
internal combustion type and, or having a maximum design
speed of more than 45 km/h;
"motor vehicle" means any mechanically self-propelled
vehicle, including a motor cycle, a motor tricycle and a low-
powered cycle, intended for use on the road, other than a vehicle
running on rails, which, for the purpose of these regulations, is
licensed to be be used for the purpose of providing light
passenger transport services or to be hired from a vehicle hire
operator;
"motor vehicle for hire" means any motor vehicle which is
registered and licensed to be hired for the purpose of being
driven by such hirer;
"N1 vehicle" means a motor vehicle used for the carriage of
goods and having a maximum mass not exceeding 3.5 tonnes;
"N2 vehicle" means a motor vehicle used for the carriage of
goods and having a maximum mass exceeding 3.5 tonnes but not
exceeding 12 tonnes;
"N3 vehicle" means a motor vehicle used for the carriage of
goods and having a maximum mass exceeding 12 tonnes;
"new motor vehicle" means, for the purposes of these
regulations, a motor vehicle which has never been registered in
any country;
"operating centre" means the administrative offices from
which the operator co-ordinates and controls the passenger
transport and, or vehicle rental services it supplies and in which
all records relating to such services are kept;
"operator" means any person, whether natural or legal, who
is authorised by the Authority to operate either a light passenger
transport service or a vehicle hire service, or both;
"passenger" means a person who is carried in a light
passenger transport vehicle for hire or reward;
"Planning Authority" means the Planning Authority as
established under the Development Planning Act;
"ply for hire" means to drive a light passenger transport
vehicle on the road to search for, or be available for, hire;
"priority vehicle lane" means an area of carriageway
reserved for vehicles on priority duty;
"road" means any road, street, lane, square or other place of
public thoroughfare;
"Register" means the Light Passenger and Vehicle Hire
Services Register set up in terms of Part VII;
"special purpose vehicles" shall have the same meaning as
assigned to it in Annex II of Directive 2007/46/EC;
"stand for hire" means, in the case of a light passenger
transport vehicle, to wait in a stationary position in order to
entice and accept requests for hire;
"surveillance camera" means a camera which captures
images and projects those images into an electric signal to be
further processed;
"tracking device" means, for the purpose of these
regulations, any individual device that monitors the geographical
position, functioning or operation of a light passenger transport
vehicle;
"Tribunal" means the Administrative Review Tribunal
established in terms of article 5 of the Administrative Justice
Act;
"vehicle hire operator " means any person, whether natural
or legal, who is authorised by the Authority to operate a vehicle
hire service;
"vehicle hire service" means the offering of motor vehicles
for hire;
"vintage vehicle" means an authentic and genuine vehicle
with an age of thirty years or more (to be reckoned from the date
of manufacture), as certified by the vintage vehicle classification
committee, which is kept in a state which is as close as possible
to its original state as produced by the manufacturer and which
respects the spirit of classic and vintage vehicle preservation.
(Regulation 37(3))
Wheelchair accessible sign
(1)
When considering an application for –
(a)
an operator’s licence, or
(b)
a driver’s permit,
the Authority shall promote an open market policy and will not
restrict the issue of such licences and permits on the basis that there
are too many current licences or permits or for any other reason not
stipulated in these regulations.
(2) If anything contained in these regulations is inconsistent or
in conflict with any regulations issued under the Traffic Regulation
Ordinance or the Authority for Transport in Malta Act or any
subsidiary legislation made thereunder, the present regulations shall
prevail, and to the extent of these inconsistencies or conflicts, such
other regulations shall be deemed to be null and void.
(Regulation 40(1)(a))
PART 1
List of subjects to be covered in the training course to obtain a
driver’s permit referred to in regulation 40(1)(a)
1. Knowledge of vehicle characteristics and safety features
including, inter alia
a.
Knowledge of the characteristics of the transmission
(gear) systems enabling a driver to make the best possible use of
Knowledge of the technical characteristics and
operation of the safety controls in order to control the vehicle
(compliance with safety and security procedures), minimise wear
and tear and prevent vehicle malfunction; and
Ability to optimise fuel consumption and ECO
driving skills.
2. Safety of driver, passengers and other road users including
Ability to ensure passenger comfort and safety
including particular behaviour with elderly and passengers with
special needs;
Knowledge of legislation regulating the carriage of
passengers, including a thorough knowledge of the Light
Passenger Transport Services Regulations;
Ability to assess and deal with emergency situations,
including
i.
First aid/CPR (cardiopulmonary resuscitation)
ii.
Aggressive
or
drunken
behaviour
by
passengers.
iii.
Dealing with accidents
Ability to prevent and deal with criminality,
including
i.
Refusal by the passenger to pay the fare or tariff
ii.
Passengers requesting information on illegal
activities.
iii.
Passengers requesting over-speeding.
iv. Passengers
requesting
overloading
of
passengers
Correct use of speed;
Physical fitness to drive a light passenger transport
vehicle; and
Awareness of the risks on the road and accidents at
3. Routes and destinations
Thorough knowledge of routes, including the ability
to provide shortest route and alternate routes; and
Basic knowledge of prime tourist and commercial
locations across Malta and Gozo
4. Interpersonal skills including
Customer Care
Politeness
Personal cleanliness
5. Languages and competences
The ability to communicate in either Maltese or
Basic computer literacy skills and adeptness within
the use of e-mails, internet, navigation systems, digital
applications and software.
6. Optional training with respect to the use of a wheelchair
accessible light passenger transport vehicles
Maintaining wheel belts or wheel clamps in good
working order; and
Ability to safely install the wheelchair in the vehicle,
backing the chair to the "fold down" seats, then securing both
wheelchair brakes, secure seat belts/safety harness and also
secure wheel belts/clamps if fitted to vehicle, ensure that the
wheelchair and the person making use thereof are secure.
Organisation of the Examination
The Authority or a body approved by the Authority shall organise a
compulsory examination which may be written or oral to establish
whether the applicant has achieved the required level of knowledge
in the subjects listed in Part I.
(1) These regulations shall regulate light passenger
transport services for hire and reward and vehicle hire services only.
(2) Car sharing services and e-kickscooter sharing services are
excluded from the scope of these regulations.
PART II
OPERATOR’S LICENCE FOR LIGHT PASSENGER
TRANSPORT SERVICES
(regulation 68)
ADMINISTRATIVE PENALTIES
Column 4
Column 1
Column 2
Column 3
Administrative
Administrative
Penalties for Light
Administrative
Penalties for
Passenger
Penalties for Light
Vehicle Hire
Regulation
Transport
Passenger
Services Operator
Operator Licence
Transport Drivers
Licence Holder
Holder
(€)
(€)
(€)
regulation 6(6)
regulation 10
regulation 11
regulation 15
regulation 16
regulation 17
regulation 18
regulation 19
regulation 20
regulation 21
regulation 22
regulation 23
regulation 24
regulation 25
regulation 26
regulation 27
regulation 28
regulation 29
regulation 30
regulation 32
regulation 33
regulation 34
regulation 35
regulation 36
regulation 37
regulation 51
1,500
regulation 52
regulation 53
regulation 54
regulation 55
regulation 57
€4.32
(1) No person shall carry out light passenger transport Operator’s
services for hire or reward unless duly authorised under these licence.
regulations.
(2) The Authority shall issue an operator’s licence to any
undertaking that proposes to carry out light passenger transport
services and satisfies the conditions of these regulations and other
requirements which the Authority may establish.
(3) An operator’s licence shall be issued in the name of a
natural person authorised to represent the undertaking and may be
transferred at a fee stipulated in Part 1 of the First Schedule, with the
approval and written authorisation of the Authority, to any other
person that satisfies the criteria established by law for the issuance of
such a licence.
(4) Once issued, an operator’s licence shall remain valid unless
and until it is revoked, suspended or surrendered, provided that the
operator submits, within one (1) month preceding the first anniversary
from the issue of the said licence, and every year thereafter, the
applicable fee stipulated in the First Schedule.
(1)
An applicant for an operator’s licence shall, before Requirements
being granted the licence, satisfy the Authority that he is of good for
licence.
repute and conduct.
(2) Every applicant for an operator’s licence not being a
natural person must indicate a designated person. The designated
person may be the applicant himself, where the applicant is a physical
person, or, where the applicant is a juridical person, the designated
person may be a member or an official of such juridical person.
(3) (a)
Where the applicant for an operator’s licence is a
limited liability company, the requirements of sub-regulation (1) must
be satisfied by all the directors of the company as well as by the
designated person.
(b) Where the applicant for an operator’s licence is a
partnership en commandite or a partnership en nom collectif as
defined in the Companies Act, the requirements of sub- Cap. 386.
regulation (1) must be satisfied by all the partners as well as by
the designated person.
(c)
Where the applicant for an operator’s licence is a
legal person other than those identified in paragraphs (a) and (b),
the requirements of sub-regulation (1) must be satisfied by all
persons having the legal and, or juridical representation of such
legal person as well as by the designated person.
(4) Where a designated person ceases to continuously and
effectively manage the light vehicles passenger transport services
operation, the operator shall, within twenty-one (21) days from that
occurrence, notify the Authority in writing and the Authority shall
allow a period not exceeding three (3) months within which the
operator shall appoint another designated person who shall comply
with the provisions of sub-regulation (1).
(5) Where a person, other than the designated person, who is
required to fulfil the requirement stipulated in sub-regulation (1),
ceases to occupy his post, the operator shall, within twenty-one (21)
days from such occurrence, notify the Authority in writing. Any new
appointments to such posts shall be likewise notified to the Authority
and shall be subject to its approval, which approval shall not be
granted unless the persons so appointed fulfil the requirements of these
regulations.
(6) Any person holding an operator’s licence issued by the
Authority as well as the designated person shall be obliged to inform
the Authority in writing of any conviction against him, the designated
person or any person referred to in paragraphs (a), (b) or (c) of sub-
regulation (3), as the case may be, of any offence contemplated in
paragraph (a) of sub-regulation (1) of regulation 9 within twenty-one
(21) days from that conviction or, when an appeal is entered, within
twenty (20) days from when such appeal is decided.
(7) Any person who contravenes sub-regulation (6) shall be
guilty of an offence.
(1) An application for the grant of an operator’s licence
shall be made to the Authority and shall be in the form and contain
such particulars as the Authority may require, and shall be submitted
together with
(a) a certificate issued by the Police detailing any
criminal offences and, or contraventions for which the applicant
and, or the persons mentioned in regulation 6(2) and, or 6(3) may
have been sentenced together with the punishment thereof
Provided that where the applicant and, or the persons
mentioned in regulation 6(2) and, or 6(3) are not normally resident in
Malta, an extract from a judicial record or, failing that, an equivalent
document issued by a competent judicial or administrative authority of
the country of origin or the country from which such persons derive
shall suffice
Provided further that where the country of origin or the
country from where such persons derive does not issue such document,
the said document may be replaced by a declaration on oath or by a
solemn declaration made by the person concerned in front of a
competent judicial or administrative authority or, where appropriate, a
notary in that person’s country of origin or the country from where
such person derives. Such authority or notary shall issue a certificate
attesting the authenticity of the declaration on oath or solemn
declaration;
(b) particulars of the number and class or description of
all light passenger transport vehicles available for use in the
relevant light passenger transport services business or proposed
business. The said vehicles shall be registered with the
Authority;
(c)
a declaration giving the details of its operating centre;
and
(d) a declaration signed by the applicant whereby he
undertakes not to leave any vehicle which shall be registered
under his licence on the road whilst not in use for the purpose of
the services.
(2) The documents prescribed in sub-regulation (1)(a) shall not
be accepted if produced more than three months after the date of issue.
(3) The Authority may require any particulars given by an
applicant in relation to an application mentioned in sub-regulation (1)
to be contained in a statutory declaration or in a sworn affidavit in such
manner as the Authority shall specify.
(4) An application for the grant of an operator’s licence shall
be accompanied by the fee stipulated in the First Schedule
Provided that, where the operator shall have more than one
premises, the application fee shall nevertheless be as stipulated in the
First Schedule for all the premises where the motor vehicles registered
and licensed in the name of the operator shall be garaged whilst not on
hire.
(5) In the event that an operator, in addition to an operator’s
licence for light passenger transport services issued in terms of Part II ,
also holds an operator’s licence for vehicle hire services in terms of
Part V, he shall be liable to the payment of the relative fee for both
operator’s licences.
(1) An application for the issue of an operator’s licence
shall be processed and decided upon by the Authority.
(2) In the case that the operator’s licence is granted, the
Authority shall provide the operator with a certified true copy of the
operator’s licence for every light passenger transport vehicle covered
by such licence. Such true copy shall be kept at all times in the said
vehicle and shall be produced by the driver upon demand by an
authorised inspecting officer.
(3) The decision of the Authority shall be sent by registered
post to the applicant at the address specified in the application.
(4) Where the Authority intends to refuse an application, it
shall give the applicant concerned notice in writing setting out the
reasons for its intention to do so. Every notice of refusal shall state that
the applicant has a right to make representations in writing, within ten
(10) days, to the Authority giving reasons why the application should
not be refused, and the Authority shall consider any representations so
made before arriving at a final decision. The Authority shall notify in
writing its final decision to the applicant concerned.
(5) When an application is refused by the Authority, the
applicant may appeal to the Tribunal against such decision within a
period of twenty (20) days from its notification.
(1) A person shall not be deemed to satisfy the condition
of good repute and conduct
(a) if he has been found guilty of committing any crime
contemplated in
(i) Title I of Part II of Book First of the Criminal
Code or articles 198, 199, 203, 203A, 204,204A, 204B,
204C, 205, 211, 212, 217 (in the event that a fire-arm was
used for the commission of the offence), 220, 238(a), 248B,
248C, 248D of the Criminal Code;
(ii) articles 2, 3, 5, 7, 8, 9 and 10 of the White Slave
Traffic (Suppression) Ordinance;
(iii) articles 40A, 40B, 120A and 120B of the
Medical and Kindred Professions Ordinance;
(iv) articles 4, 5, 6(a), 7, 8(b), 8(c), 15, 15A, 16, 18
and 22 of the Dangerous Drugs Ordinance; and
(v) articles 37, 38, 44, 50 and 61 of the Malta Cap. 220.
Armed Forces Act;
(b) for such period during which he is serving a sentence
of imprisonment of at least one (1) month;
(c) for such period immediately following time spent
serving a sentence of imprisonment for a term or terms of at least
one (1) month imposed on such person for a crime or crimes
connected with violence committed on a person, which period
shall be
(i) of three (3) months for sentences of
imprisonment for a term of at least six (6) months and not
more than two (2) years;
(ii) equal to one-fourth of the term of imprisonment
for which such person was sentenced for sentences for
terms of imprisonment of more than two (2) years
Provided that where the applicant was less than
eighteen (18) years of age at the time of the commission of
the offence the period referred to in paragraph (c), shall not
be longer than two (2) years.
(d) if he has been found guilty of committing any
corresponding offence under any law of a country or territory
outside Malta.
(2) For the purposes of determining whether a person is of
good repute and conduct in terms of sub-regulation (1), the term
"sentence" shall not include
(a) a probation order issued in terms of article 7 of the
Probation Act or article 5 of the Probation of Offenders Act and Cap. 446.
which has been complied with by the probationer or an absolute
or conditional discharge issued under article 22 of the Probation
Act or article 9 of the Probation of Offenders Act which has been
complied with; or
(b) a sentence for the commission of an offence for
which the offender has been pardoned by the President of Malta
in terms of article 93(1) of the Constitution of Malta
Provided that this paragraph shall only apply from the
date on which the President of Malta has granted such pardon; or
(c) a sentence which is, at the moment of application,
under appeal; or
(d) a sentence for the commission of an offence which
was delivered at least five (5) years before the date of application
for the operator’s licence; or
(e) a sentence for the commission of an offence of
possession for exclusive personal use mentioned in sub-
paragraphs (iii) and (iv) of sub-regulation (1)(a), which sentence
was delivered at least three (3) years before the date of
application for an operator’s licence where the applicant has
rehabilitated himself by means of a rehabilitation program and
the applicant shall have no other sentence in these three (3)
years.
An operator shall maintain up to date and comprehensive
records relating to all aspects of the light passenger transport services
operation, including, but not limited to, records of all bookings, the
statutory documents and books of accounts and employment or
contracts of service agreements, at the operating centre.
The number of light passenger transport vehicles
authorised on the operator’s licence may be varied at any time upon a
request made in writing by the operator to the Authority; and upon
approval he shall pay the fee stipulated in Part 1 of the First Schedule.
(1) The Authority shall have the power to carry out
random checks, whenever it deems necessary, in order to verify that an
operator is carrying out his operations in accordance with the
provisions of these regulations. For this purpose, the Authority may
require the operator or any official or employee of the same to attend
before it, or before a person appointed by it, at such time and place as
it may specify, to answer questions and provide information and
documentation with respect to the light passenger transport services of
the operator. The Authority may take and keep copies of any
documents furnished or provided under this regulation. A statement
made and documentation provided in pursuance of this regulation may
be used as evidence against the operator as well as against any person
to whom they may relate. Such persons shall comply forthwith, and in
no case later than twenty-four (24) hours, with any request or order
made by the Authority in terms of this regulation.
(2) An operator’s licence may be suspended or withdrawn on
any of the following grounds
(a) where the holder has supplied incorrect information
to the Authority in relation to the issuance of a licence or any
other matter connected thereto; or
(b) where the holder has breached any of the conditions
of the licence and has not remedied such breach in spite of
having been given written notice of the breach and a reasonable
time in which to do so
Provided that, unless there exist gross acts of
misconduct or negligence or any other serious grounds for
immediate suspension, withdrawal or revocation, the operative
date of such notice shall be not less than twenty-eight days from
the date of notification.
(3) Where an operator’s licence is suspended by the Authority
of its own motion for any reason established in sub-regulation (2), the
operator may apply for the suspension to be removed following the
lapse of fifteen (15) days from the date when the breach leading to the
suspension of the licence has been duly remedied to the satisfaction of
the Authority.
(4) Any operator whose licence has been withdrawn in terms of
these regulations and, or any other regulations issued in terms of the
Traffic Regulation Ordinance and the Act may not apply for a new Cap. 65.
licence before the lapse of a period of two (2) years from such
withdrawal, and the Authority shall not consider any application made
in contravention of this regulation
Provided that the provisions of this regulation shall not
apply in cases where the licence has been withdrawn due to the fact
that the applicant was not considered to be of good repute and conduct
in terms of these regulations or other regulations made under the Act.
(5) An operator’s licence shall be revoked where the holder no
longer satisfies the conditions laid down in regulation 6(1)
Provided that where the operator is not considered to be of
good repute and conduct solely because any of the persons listed in
regulations 6(3) and, or 6(4) do not comply with the provisions of
regulation 6(1), the operator’s licence shall be suspended until the
operator substitutes such person with another person who fulfils the
requirements of these regulations
Provided further that, where the operator fails to fulfil the
above mentioned requirement within a period of three (3) months from
the date of the sentence or sentences in terms of which the person is
not considered to be compliant with the requirements of regulation
6(1), the licence shall be withdrawn ipso jure.
(6) A suspension or revocation in terms of this regulation shall
be effected by the Authority of its own motion or by order of a court of
criminal jurisdiction
Provided that, where the Authority intends to suspend or
revoke an operator’s licence of its own motion, it shall give the
operator concerned notice in writing setting out the reasons for its
intention to do so. Every notice given shall state that the operator
concerned may, within ten (10) days from service thereof, make
representations in writing to the Authority giving reasons why the
operator’s licence should not be suspended or revoked and the
Authority shall consider any representations so made before arriving at
a final decision. The Authority shall notify in writing its final decision
to the operator concerned. The operator concerned shall have the right
to appeal to the Tribunal against the decision of the Authority to
suspend or revoke the operator’s licence within twenty (20) days from
notification of the Authority’s decision
Provided further that the suspension of the licence shall
have immediate effect notwithstanding any appeal therefrom, unless
otherwise ordered by the Tribunal or by a court of criminal
jurisdiction
Provided further that a decision of the Authority to revoke
an operator’s licence shall not become operative until the expiration of
the period within which an appeal may be made under this regulation
and, if an appeal is made within such period, the decision shall become
operative on the date of the decision of the Tribunal dismissing the
appeal or the date on which the appeal is abandoned but, until such
time, the licence shall remain suspended.
(1) Any authorised inspecting officer of the Authority,
upon the direction and under the authorisation of the Authority, may
enter the operating centre of the operator for the purpose of obtaining
information or documents which indicate whether the operator is
complying with his obligations in terms of these regulations.
(2) No authorised inspecting officer of the Authority may enter
an operating centre after seven o’clock in the evening and before seven
o’clock in the morning, unless there is reason to believe that delay
could cause the loss of necessary information and the search is
expressly authorised by the Authority to take place between the said
times.
(3)
For the purposes of any action taken under this regulation,
the Authority may request the assistance of the Commissioner of
Police, who may for such purpose exercise such powers as are vested
in him for the prevention of offences and the enforcement of law and
order.
(4) The Authority may take any documents found in the
operating centre or copies thereof. Any documentation obtained by the
Authority in pursuance of this regulation may be used in evidence
against the operator as well as against any person to whom they may
relate.
In the event of the death or physical or legal incapacity of Death or
the natural person in whose name the operator’s licence is granted in physical
incapacity.
terms of regulation 5(3), or of the designated person, the Authority
may permit the continuance of the light passenger transport services
operation on a temporary basis for a maximum period of nine (9)
months until the licence is transferred in the name of a third party.
PART III
LIGHT PASSENGER TRANSPORT SERVICES: OPERATORS’
OBLIGATIONS AND REQUIREMENTS
(1)
No light passenger transport vehicle shall stand or ply Standing and
plying for hire
for hire.
prohibited.
(2) Light passenger transport services may only be sold or
booked from authorised commercial premises, from the operator’s
offices or operating centre, online, by web application, by telephone,
by mail or through authorised intermediaries.
(3) No person shall sell, or cause or permit another person to
sell, light passenger transport services on the road.
(4) No person shall solicit, whether directly or indirectly, any
other person in any location for any light passenger transport service.
(1) The fees levied for the provision of light passenger Fare levied for
transport services are to be publicised on the operator’s website and all hire
passenger
other marketing media by virtue of which an operator chooses to transport
vehicles.
advertise such services.
(2) Furthermore, when such services are booked by means of
telephone, email or online, the prospective hirer shall have the right to
request the precise amount of the fee which the operator shall levy for
the requested service and the operator shall not have the right to charge
a fee which is higher than the declared fee unless the hirer increases
the length of the booked trip.
An operator shall ensure that any light passenger transport
vehicle used in his operations in terms of his operator’s licence shall
always be garaged or parked off-street while not in use.
(1) The operator shall be obliged to keep a log of the
following information
(a) the date and the time of departure and arrival of each
light passenger transport vehicle hired from the operator;
(b) the name and driver’s permit number of the driver
rendering the light passenger transport service;
(c)
the name and relative details of the hirer.
(2) The operator shall be obliged to keep the record as
stipulated in sub-regulation (1) for a period of one (1) year or as may
be prescribed by the Authority from time to time.
An operator shall not have the right to refuse to provide
light passenger transport services to any hirer except on reasonable
grounds, including, when it is clear from his demeanour, that the hirer
is under the influence of drugs or alcohol or where the safety and
security of the driver may be at risk.
(1) The driver shall, while on duty, wear clean
appropriate clothing.
(2) The authorised inspecting officers shall have the power to
order a driver to stop working if, in their opinion, the driver is not
properly dressed.
A driver shall drive the light passenger transport vehicle in
a prudent manner so as not to create anxiety in passengers or make the
passengers feel, in any way, unsafe.
Drivers shall ensure that all doors are securely closed
whilst the light passenger transport vehicle is in motion.
Drivers shall not allow passengers to board or alight from
the light passenger transport vehicle unless that vehicle is at a
complete standstill.
A driver shall not play any audio device while carrying
passengers on a light passenger transport vehicle, unless this has been
agreed to with the hirer.
A driver shall always act and behave in a manner which is
respectful towards passengers.
It is forbidden to replenish the fuel supply of any light Replenishing
fuel while
passenger transport vehicle when passengers are on board.
passengers are
on board is
prohibited.
(1) No passenger and, or driver may smoke while a light Smoking.
passenger transport vehicle is being used on hire.
(2) Every light passenger transport vehicle shall have affixed,
in a place which is clearly visible to the passengers, a notice
stipulating that smoking is not allowed within the said vehicle.
(1) Where a light passenger transport vehicle is fitted Surveillance
with a surveillance camera, the camera shall be positioned in a way as camera.
to capture the back seat area of the vehicle.
(2) Light passenger transport vehicles fitted with a surveillance
camera shall have affixed, in a place which is clearly visible to the
passengers, a sticker denoting that the said vehicle is fitted with a
surveillance camera.
(3) The surveillance camera shall be operated according to any
specifications which may be issued by the Authority from time to time.
(4) The Police and the Authority may use any such recording
as evidence in any case brought before the courts of criminal
jurisdiction or in any case brought against a licence holder or driver for
an infringement of these regulations.
In the event that the driver finds any property which may Lost property.
have been left by a passenger, he shall be obliged to hand over such
property to the operator at the operating centre with immediate effect
and the operator shall be obliged to communicate with the hirer in
order to inform him of the lost property and make arrangements for its
consignment.
No driver shall carry a number of persons in the light Prohibition of
passenger transport vehicle in excess of the number established in the overloading.
vehicle’s registration certificate.
Drivers may, when driving a light passenger transport Use of priority
vehicle, use the lane of a carriageway indicated as a priority vehicle vehicle lane.
lane.
No driver shall drive any light passenger transport vehicle Use of apparatus
while wearing, or using on both ears, earphones or headphones or any while driving.
other device which may hinder or is likely to hinder that person from
hearing properly, with the exception of two-way communication
systems and hands-free devices.
(1) Every light passenger transport vehicle shall be kept
clean at all times by the operator.
(2) Every operator shall ensure that light passenger transport
vehicles registered under his operator’s licence, including the
equipment fitted thereon, are maintained in good order and in a good
state of repair at all times.
No petrol or any other inflammable liquid or material may
be carried in a light passenger transport vehicle.
An operator shall ensure that every light passenger
transport vehicle registered in his name shall, at all times, carry a fire
extinguisher, a security triangle, and a first-aid kit, in such a position
as to be available for immediate use in cases of emergency.
(1) An operator shall ensure that a tracking device is
installed in each of the light passenger transport vehicles registered in
his name and that such tracking device is kept in good working
condition at all times and that any faults or breakdowns are reported
immediately to the Authority.
(2) The operator shall not tamper with, nor allow any driver or
third party to tamper with, the tracking devices installed in the light
passenger transport vehicles registered in his name.
(3) When the tracking device installed in a light passenger
transport vehicle is in any way defective or tampered with, the
operator shall immediately withdraw such vehicle from service until
the tracking device is repaired or replaced.
(4) The driver shall keep the tracking device switched on at all
times while the vehicle is being used for the conveyancing of
passengers and shall cause the device to record and transmit all such
information as may be prescribed by the Authority. This information
shall be retained by the operator for such period of time as may be
prescribed by the Authority.
(5) The operator shall, at the request of the Authority, submit to
the Authority the information recorded by the tracking device in any
reasonable form as the Authority may request.
(6) The tracking device shall be inspected by the Authority or a
body approved by the Authority, to ensure that it conforms to the
technical specifications which are established by the Authority from
time to time and upon establishing such conformity, an official seal
shall be placed on such tracking device by the Authority or by a body
approved by the Authority, and the operator shall ensure that such seal
is not tampered with or broken at any time without the approval of the
Authority.
(1) Any person offering services for the transport of Wheelchair
wheelchair-bound persons with the use of light passenger transport accessible
passenger
vehicles shall be duly registered and authorised for such purpose by transport
vehicles.
the Authority.
(2) The Authority shall only register and license as wheelchair
accessible light passenger transport vehicles such vehicles which allow
easy and unaided access to persons who make use of wheelchairs.
(3) No motor vehicle other than those duly licensed as a
wheelchair accessible light passenger transport vehicle shall carry the
sign prescribed in the Second Schedule or any similar sign which may
mislead the public to believe that the particular motor vehicle is a
wheelchair accessible light passenger transport vehicle.
PART IV
DRIVER’S PERMIT
No person shall act as a driver of light passenger transport Driver’s permit.
vehicles unless he is in possession of a valid driver’s permit issued in
accordance with these regulations.
(1) An applicant for a driver’s permit shall, before being Conditions for
obtaining a
granted the authorisation, satisfy the Authority that he
driver’s permit.
(a) is duly licensed in accordance with the Motor S.L. 65. 18.
Vehicles (Driving Licences) Regulations;
(b)
is certified as medically fit to drive;
(c) possesses the requisite skills to act as a driver in
terms of regulation 40; and
(d)
is of good conduct and repute.
(2) A driver shall be obliged to satisfy the conditions of this
regulation at all times during the validity of the permit.
(3) Any driver holding a driver’s permit issued by the
Authority shall be obliged to inform the Authority in writing of any
conviction against him of any offence contemplated in paragraph (a) of
sub-regulation (1) of regulation 9 within twenty-one (21) days from
that conviction or, when an appeal is entered, within twenty (20) days
from when such appeal is decided.
(4)
Any person who contravenes sub-regulation (3) shall be
guilty of an offence.
(1) An applicant for a driver’s permit shall be considered
to have the requisite skills to act as a driver if he
(a) attends training courses held or approved by the
Authority based on the subjects listed in Part 1 of the Third
Schedule; and
(b) passes a written or an oral examination held by the
Authority or by a body approved by the Authority, based on the
subjects addressed in the training courses referred to in the
preceding paragraph.
(2) A driver who holds a certificate of professional competence
issued in terms of the Motor Vehicles (Driving Licences) Regulations
or is already in possession of a Taxi Driver’s Permit issued under the
Taxi Services Regulations, shall be exempt from the requirements of
sub-regulation (1)(a) and (b).
Regulation 9 shall apply mutatis mutandis for the purpose
of determining whether an applicant for a driver’s permit is of good
repute and conduct.
An application for the grant or renewal of a driver’s permit
shall be submitted to the Authority in the form stipulated by the same
and shall contain such particulars as the Authority may require. The
said application shall be submitted together with
(a) a certificate issued by the Police detailing any
criminal offences and, or contraventions mentioned in regulation
9 for which the applicant may have been sentenced together with
the punishment thereof
Provided that where the applicant is not
normally resident in Malta, an extract from a judicial
record or, failing that, an equivalent document issued by a
competent judicial or administrative authority of the
country of origin or the country from which such persons
derive shall suffice
Provided further that where the country of
origin or the country from where such persons derive does
not issue such document, the said document may be
replaced by a declaration on oath or by a solemn
declaration made by the person concerned in front of a
competent judicial or administrative authority or, where
appropriate, a notary in that person’s country of origin or
the country from where such person derives. Such authority
or notary shall issue a certificate attesting the authenticity
of the declaration on oath or solemn declaration;
(b) the relevant application fee fixed by the Authority in
terms of the First Schedule;
(c)
a medical certificate; and
(d) evidence of the skills to act as a driver required in
terms of regulation 40.
(1)
An application for a driver’s permit shall be Processing of
application for a
processed and decided upon by the Authority.
driver’s permit.
(2) The decision of the Authority shall be sent by registered
post to the applicant at the address specified in the application.
(3) Where the Authority intends to refuse an application, it
shall give the applicant concerned notice in writing setting out the
reasons for its intention to do so. Every notice of refusal shall state that
the applicant has a right to make representations in writing, within ten
(10) days, to the Authority giving reasons why the application should
not be refused, and the Authority shall consider any representations so
made before arriving at a final decision. The Authority shall notify in
writing its final decision to the applicant concerned.
(4) When an application is refused by the Authority, the
applicant may appeal to the Tribunal against such decision within
twenty (20) days from its notification.
(1) The Authority shall, upon granting a driver’s permit Validity and
in accordance with these regulations, issue to the successful applicant, evidence
permit.
following the payment of the fee prescribed in the First Schedule, a
driver’s tag evidencing that such person has been granted a driver’s
permit.
(2) No person shall drive a light passenger transport vehicle
unless his driving licence indicates that he has a driver’s permit.
(3) A driver’s permit and the driver’s tag shall be valid for a
period of five (5) years from the date on which the driver’s permit is
granted or any other shorter period, specified thereon by the Authority,
unless revoked or suspended, and shall not be transferable.
(4) Every driver shall, while driving a light passenger transport
vehicle, fix the driver’s tag in the said vehicle in a position which shall
be clearly visible to the passengers. Every driver shall while on duty
but not driving a light passenger transport vehicle, wear the driver’s
tag in a conspicuous place on the left side of his chest in a manner that
it may easily be seen. Every driver shall produce the driver’s tag
whenever requested to do so by an authorised inspecting officer.
(5) A driver who loses his tag shall immediately, and without
delay, inform the Authority of such fact, and if the Authority is
satisfied that such tag was lost, the Authority shall issue a replacement
tag upon payment of a fee as prescribed in the First Schedule.
(6) In the event that the driver’s tag becomes discoloured,
disfigured or is torn, the driver shall immediately return such tag to the
Authority and the Authority shall issue a replacement tag free of
charge
Provided that the holder of the driver’s tag shall be bound
to make payment to the Authority of the fee prescribed in the First
Schedule for the fourth and any subsequent replacement of a driver’s
tag made within the tag’s validity period.
(7) A driver shall return the tag immediately to the Authority
upon the revocation or the suspension of his driver’s permit or upon
the expiration of the same, and the Authority shall give due receipt for
the tag so returned.
(1)
The Authority may, at any time, require a driver to
submit evidence that he continues to fulfil the requirements of
regulation 39(1) and the driver shall produce any information and
documents requested by the Authority within the time frame stipulated
by the Authority which shall in no case be less than three (3) working
days.
(2) A driver’s permit may be suspended or revoked on the
following grounds
(a) where the holder has supplied incorrect information
to the Authority; or
(b) where the holder has breached any of the conditions
of the driver’s permit; or
(c) where the holder has
committed
serious
infringements of these regulations.
(3) A driver’s permit shall be revoked where the holder no
longer satisfies the conditions laid down in regulation 39(1)
Provided that where the person is not considered of good
repute and conduct solely because he has been sentenced to a term of
imprisonment of more than one (1) month but less than one (1) year for
committing a crime or crimes other than one which is connected with
violence committed on a person, the driver’s permit shall not be
revoked but shall be suspended for the period indicated in regulation
9(1)(b).
(4) A suspension or revocation in terms of this regulation shall
be effected by the Authority on its own motion or by order of a court of
criminal jurisdiction
Provided that where the Authority intends to suspend or
revoke a driver’s permit of its own motion, it shall give the driver
concerned notice in writing setting out the reasons for its intention to
do so. Every notice given shall state that the driver concerned may,
within ten (10) days from service thereof, make representations in
writing to the Authority giving reasons why the driver’s permit should
not be suspended or revoked and the Authority shall consider any
representations so made before arriving at a final decision. The
Authority shall notify in writing its final decision to the driver
concerned. The driver concerned shall have the right to appeal to the
Tribunal against the decision of the Authority to suspend or revoke the
driver’s permit within twenty (20) days from notification of the
Authority’s decision
Provided further that the suspension of the licence shall
have immediate effect notwithstanding any appeal therefrom, unless
otherwise ordered by the Tribunal or by a court of criminal
jurisdiction
Provided further that when a driver’s permit is suspended
for any reason other than because he no longer satisfies the requisite of
good conduct and repute as established in these regulations, the person
in question shall have the right to apply for the suspension to be
removed following the lapse of fifteen (15) days from the date when
the reason for the suspension has ceased to exist
Provided further that, a decision of the Authority to revoke
a driver’s permit shall not become operative until the expiration of the
period within which an appeal may be made under this regulation and,
if an appeal is made within such period, the decision shall become
operative on the date of the decision of the Tribunal dismissing the
appeal or the date on which the appeal is abandoned but until such time
the driver permit shall remain suspended.
(5) Any driver whose driver’s permit has been withdrawn in
terms of these regulations and, or any other regulations issued in terms
of the Traffic Regulation Ordinance and the Act may not apply for a
new driver’s permit before the lapse of a period of two (2) years from
such withdrawal, and the Authority shall not consider any application
made in contravention of this regulation
Provided that the provisions of this regulation shall not
apply in cases where the driver’s permit has been withdrawn due to the
fact that the applicant was not considered to be of good repute and
conduct in terms of these regulations or other regulations made under
the Act.
PART V
OPERATOR’S LICENCE FOR VEHICLE HIRE SERVICES
(1) No person shall operate a vehicle hire service unless
duly authorised under these regulations
Provided that no such authorisation shall be given unless
the applicant intends to have registered and licensed for such purpose
at least five (5) motor vehicles and such authorisation shall be
withdrawn by the Authority if it results, at any given time, that the
number of vehicles being operated under the said authorisation is less
than five (5) motor vehicles.
(2) The Authority shall issue an operator’s licence to any
undertaking that proposes to carry out vehicle hire services and
satisfies the conditions of these regulations and other requirements
which the Authority may establish.
(3)
In order to qualify for an authorisation, an applicant
(a) shall have an operating centre from where the service
shall be administered; and
(b) shall declare that he has sufficient space to garage the
vehicles whilst these are not hired or leased.
(4) An operator may have a number of garages and, or off-
street parking areas in which to keep the vehicles used for the purposes
of the vehicle hire services, and all garages and, or off-street parking
areas are to be registered on the operator’s licence which will be issued
by the Authority in favour of the operator;
(5) An operator’s licence shall be issued in the name of a
natural person authorised to represent the undertaking and may be
transferred at a fee stipulated in Part V of the First Schedule, with the
approval and written authorisation of the Authority, to any other party
that satisfies the criteria established by law for the issuance of such a
licence.
(6) Once issued, an operator’s licence shall remain valid unless
and until it is revoked, suspended or surrendered, provided that the
operator submits, within one (1) month preceding the first anniversary
from the issue of the said licence, and every year thereafter, and the
applicable fee stipulated in the First Schedule.
(1) An application for the grant of an operator’s licence Application for
for vehicle hire services shall be made to the Authority and shall be in an
licence
the form and contain such particulars as the Authority may require and
shall be submitted together with
(a) the details of the designated person who must
continuously and effectively manage the operations and who,
together with the operator, shall be liable for any penalties
resulting from an infringement of these regulations;
(b) particulars of the number and class or description of
motor vehicles available for use in the relevant vehicle hire
services business or proposed business. The said vehicles shall
be registered with the Authority;
(c) a declaration relative to the garages and, or off-street
parking areas in which the applicant intends to keep the vehicles
which will be used in the vehicle hire services operation;
(d) the details of the operating centre from where the
business will be conducted; and
(e) a declaration signed by the applicant whereby he
undertakes not to leave any vehicle which shall be registered
under his licence on the road whilst not rented or leased out.
(2) The Authority may require any particulars given by an
applicant in relation to an application mentioned in sub-regulation (1)
to be contained in a statutory declaration or in a sworn affidavit in such
manner as the Authority shall specify.
(3) An application for the grant of a vehicle hire services
operator’s licence shall be accompanied by the fee stipulated in the
First Schedule.
(4) Where an operator already established in Malta applies for
any additional authorisation, or where an operator established in
another Member State applies for authorisation from the Authority, the
operator shall not be required to undergo requirements and controls
which are equivalent or essentially comparable as regards their
purpose to which the applicant is already subject in Malta or another
Member State.
(5) Where an applicant is not already established in Malta or in
another Member State and proposes to act as an operator in more than
one place in Malta in the same application process (Dual Application)
or following the first application (Subsequent Application), the
applicant shall
(a) in the case of a Dual Application, not to be required
to provide the information which is common to both places more
than once but shall provide any information which is specific or
particular to such additional places; and
(b) in the case of a Subsequent Application, provide only
that information which was given in the original application and
which is at the date of such subsequent application not valid
anymore and provide that information which is specific or
particular to such additional places in accordance with paragraph
(a)
Provided that the term "applicant" shall not
include those applicants which have had their application
or applications validly and conclusively refused by the
Authority.
(6) Notwithstanding anything contained in sub-regulations (4)
and (5), the applicant shall still complete any application form as may
be required by the Authority.
(1) An application for the issue of an operator’s licence
for vehicle hire services shall be processed and decided upon by the
Authority.
(2) In the case that the operator’s licence is granted, the
Authority shall provide the operator with an Operator Licence
Certificate which shall include the details of all the vehicles registered
under such licence and such Certificate shall be displayed in a
prominent place of the operating centre of the operator.
(3) The decision of the Authority shall be sent by registered
post to the applicant at the address specified in the application.
(4) Where the Authority intends to refuse an application, it
shall give the applicant concerned notice in writing setting out the
reasons for its intention to do so. Every notice of refusal shall state that
the applicant has a right to make representations in writing, within ten
(10) days, to the Authority giving reasons why the application should
not be refused, and the Authority shall consider any representations so
made before arriving at a final decision. The Authority shall notify in
writing its final decision to the applicant concerned.
(5) When an application is refused by the Authority, the
applicant may appeal to the Tribunal against such decision within a
period of twenty (20) days from its notification.
The provisions of regulations 10 to 14 contained in Part II Applicability of
provisions.
shall also apply to vehicle hire services mutatis mutandis.
PART VI
VEHICLE HIRE SERVICES: OBLIGATIONS AND
REQUIREMENTS OF THE OPERATOR
(1) The operator shall be obliged to have a proper office Requirement of
office.
from which the vehicle hire services shall be administered.
(2) Furthermore, the operator shall be obliged to designate a
person who shall manage and administer such office and who shall be
ultimately responsible to reply to any queries raised by hirers and to
handle all matters of customer service.
(1)
The fees and conditions for the rental or leasing of Fees and
vehicles are to be clearly publicized on the operator’s website and all Conditions
hire of vehicles.
other marketing media by virtue of which an operator chooses to
advertise such services.
(2) Furthermore, such fees and conditions are to be clearly
explained to the hirer at the time of hiring a vehicle and are to be
stipulated in clear and simple terms in the contract of rental or leasing
which is to be signed between the operator or his representative and
the hirer, a signed copy of which is to be given to the hirer.
An operator shall ensure that all vehicles registered under Garaging.
his licence and used in his operations are, at all times, garaged or
parked off-street while not hired out.
(1)
The operator shall be obliged to keep detailed Records.
records of all his operations including a log which shall contain details
relative to every contract of hire including the date, length of time, the
registration number of the hired vehicle and the full name, address and
contact details of the hirer.
(2) The operator shall be obliged to keep the record as
stipulated in sub-regulation (1) for a period of one (1) year or as may
be prescribed by the Authority from time to time.
All vehicles registered under the operator’s vehicle hire
services licence are to be kept clean, well maintained and in good
working order at all times.
Where a vehicle is rented or leased to a hirer, the operator
shall be obliged to provide the hirer with a replacement vehicle from
the same category or higher in the event of a break-down, traffic
accident or theft so that the hirer may continue to make use of a hired
vehicle for the entire duration of the contracted term.
PART VII
LIGHT PASSENGER AND VEHICLE HIRE SERVICES
REGISTER
(1) The Authority shall set up and maintain a register to
be known as the Light Passenger and Vehicle Hire Services Register,
which shall be divided into Part I, Part II, Part III, Part IV and Part V.
(2) In Part I of the Register there shall be registered the name,
address and any other relevant details of any person or undertaking to
whom an operator’s licence for light passenger transport services has
been granted, together with such other particulars which the Authority
may consider relevant including the details of the designated person,
the operating centre and of the garages or premises where the motor
vehicles registered under the said operator’s licence shall be kept when
not in use.
(3) In Part II of the Register there shall be registered the name,
address and any other relevant details of any person or undertaking to
whom an operator’s licence for vehicle hire services has been granted,
together with such other particulars which the Authority may consider
relevant including the details of the designated person, the operating
centre and of the garages or premises where the motor vehicles
registered under the said operator’s licence shall be kept while not
hired out.
(4) In Part III of the Register there shall be registered the name
and address of every person to whom a driver’s permit has been issued,
together with other particulars which the Authority may consider
relevant, including
(a) an indication of whether a driver is a self-employed
driver or otherwise, and
(b) the name of the operator or operators, if applicable, in
whose operations the driver is engaged.
(5) Part IV of the Register shall be divided into Section 1 and
Section 2. In Section 1 thereof there shall be listed the vehicles
registered under the licences of light passenger transport services
operators. In Section 2 thereof there shall be listed the vehicles
registered under the licences of vehicle hire services operators.
Wheelchair accessible vehicles are to be specifically referred to in Part
IV of the Register.
(6) In Part V of the Register there shall be registered the name,
address and any other relevant details of any person or undertaking
which shall be authorised by the Authority to act as an intermediary
booking service platform, including the corresponding details of light
passenger transport operators making use of such platform.
No operator shall employ as a driver in any light passenger Employment of
transport services operation any person who is not registered in Part III drivers.
of the Register.
PART VIII
LICENSED VEHICLES
(1) Only vehicles registered under the operator’s licence Only licensed
of a light passenger transport services operation or of a vehicle hire vehicles
used.
services operation and included in the Register under Section 1 or
Section 2, as the case may be, of Part IV of the said Register, may be
used to carry out light passenger transport services or may be rented or
leased, as the case may be.
(2) Each licensed vehicle included under Section 1 of Part IV
of Register shall be issued with a light passenger transport vehicle
licence certifying that the said vehicle is authorised to carry passengers
for hire or reward and is included in the Register. Such light passenger
transport vehicle licence shall be issued by the Authority, subject to the
payment of the fee stipulated in the First Schedule and shall indicate
the operator’s licence under which the light passenger transport
vehicle is registered in the Register, together with the vehicle
registration number. The light passenger transport vehicle licence shall
be affixed by the operator on the left-hand side of the windscreen of
the vehicle in such a position as to be visible from the front.
(3) A light passenger transport vehicle registered under Section
1 of Part IV of the Register shall only be used for the light passenger
transport services operations of the operator under whose licence it is
registered.
(4) A light passenger transport vehicle may be driven by any
person who holds a valid driver’s permit issued by the Authority in
terms of these regulations.
(1) No vehicle may be registered under Section 1 of Part
IV of the Register unless it satisfies the following conditions
(a) it is registered and licensed in terms of the
Registration and Licensing of Motor Vehicles Regulations;
(b)
it is not of a white colour;
(c)
it is a new vehicle, except for the following
(i) vehicles of thirty-six (36) months or less of age
from the date of first registration used for hire having ‘QZ’
registration plates which can be converted to light
passenger transport vehicles with ‘LY’ registration plates
on condition that the colour of said vehicles cannot be
white;
(ii) certified vintage vehicles which may only be
hired out specifically for special occasions, including
weddings; and
(iii) limousines
which
satisfy
the
following
conditions
-
are not of a white colour;
-
have a maximum seating capacity of eight
(8) passengers in addition to the driver;
-
have ample leg space and head room;
-
are fitted with adequate internal lighting;
-
are equipped with a tracking device; and
-
are fit and safe for the conveyance of
passengers
Provided that vehicles that are already licensed under a
public service garage permit in terms of the Motor Vehicles
Regulations on the day of coming into force of these regulations shall
be deemed to satisfy the requirements of this sub-regulation and shall
therefore be automatically included under Section 1 of Part IV of the
(2) All vehicles registered under Section 1 of Part IV of the
Register shall bear a registration mark which shall include a letter
followed by the letters ‘GY’ or ‘LY’ and three numbers
Provided that owners of vehicles bearing a registration
mark which includes a letter followed by the letters ‘GY’ shall be
allowed to change the registration marks thereof to one with a letter
followed by the letters ‘LY’ on condition that such vehicles satisfy the
requirements stipulated in sub-regulation (1), with the exception of the
requirement stipulated in paragraph (c) thereof.
(3) With the exception of certified vintage vehicles, which may
only be hired out specifically for special occasions, including
weddings, all motor vehicles for the carriage of passengers shall not be
more than twenty-two (22) years of age to be reckoned from the date
of first registration
Provided that, with regard to such motor vehicles that are
on the date of coming into force of these regulations already licensed
for the carriage of passengers, this provision shall only apply
following the lapse of two (2) years from the date of coming into force
of these regulations
Provided further that the owners of light passenger
transport vehicles which are already in use and licensed and which are
twenty-two (22) years or older at the time of coming into force of these
regulations shall be allowed to replace such vehicles with other
vehicles which are not new but which are not older than two (2) years
to be reckoned from the date of first registration, and this by not later
than twelve (12) months from the date of coming into force of these
regulations.
(1) No motor vehicle for hire may be registered under Specifications
Section 2 of Part IV of the Register unless it satisfies the following of
registered under
conditions
Section 2 of Part
IV of the
Register.
(a) it is registered and licensed in terms of the
S. L. 368. 02.
Registration and Licensing of Motor Vehicles Regulations;
(b) in the case of motor vehicles for hire used for the
carriage of passengers
(i) its maximum seating capacity is eight (8)
passengers in addition to the driver; and
(ii)
it is a new vehicle
Provided that
(i) vehicles of thirty-six (36) months of age or less,
to be reckoned from the date of first registration, which are
used for light passenger transport services having ‘LY’
registration plates may be converted to motor vehicles for
hire with ‘QZ’ registration plates;
(ii) in any event, the licence of a motor vehicle for
hire used for the carriage of passengers shall not be
renewed beyond fifteen (15) years of age to be reckoned
from the date of first registration of the vehicle
Provided that, with regard to motor vehicles for
hire which are already in use and licensed for the carriage
of passengers and which are fifteen (15) years or older from
the date of registration at the time of coming into force of
these regulations, this provision shall only apply following
the lapse of two (2) years from the date of coming into
force of these regulations
Provided further that the owners of motor
vehicles for hire which are already in use and licensed for
the carriage of passengers and which are fifteen (15) years
or older at the time of coming into force of these
regulations shall be allowed to replace such vehicles with
other vehicles which are not new but which are not older
than two (2) years to be reckoned from the date of first
registration, and this by not later than twelve (12) months
from the date of coming into force of these regulations;
(iii) N1 motor vehicles for hire registered for the
first time on the operator’s authorisation shall not be more
than four (4) years of age to be reckoned from the date of
first registration and their licence shall not be renewed
beyond fifteen (15) years of age to be reckoned from the
date of first registration of the vehicle;
(iv) N2 motor vehicles for hire registered for the
first time on the operator’s authorisation shall not be more
than six (6) years of age to be reckoned from the date of
first registration and their licence shall not be renewed
beyond twenty (20) years of age to be reckoned from the
date of first registration of the vehicle;
(v) N3 motor vehicles for hire registered for the
first time on the operator’s authorisation may be of any age
and there shall be no age limit for their licence to be
renewed; and
(vi) Special Purpose motor vehicles for hire and
machinery without a chassis for hire registered for the first
time on the operator’s authorization may be of any age and
there shall be no age limit for their licence to be renewed
Provided that, with regard to motor vehicles
referred to in sub-paragraphs (iii) and (iv) which, on the
date of coming into force of these regulations are already
licensed as motor vehicles for hire, this provision shall only
apply following the lapse of two (2) years from the date of
coming into force of these regulations.
(2) All vehicles registered under Section 2 of Part IV of the
Register shall bear a registration mark which shall include two letters
followed by the letter ‘K’ and three numbers, or a letter followed by
the letters ‘QZ’ and three numbers
Provided that owners of vehicles bearing a registration
mark which includes two letters followed by the letter ‘K’ shall be
allowed to change the registration marks thereof to one which includes
a letter followed by the letters ‘QZ’ on condition that such vehicles
satisfy the requirements stipulated in sub-regulation (1), with the
exception of the requirement stipulated in paragraph (b)(ii) thereof.
(1) All motor vehicles registered on the operator’s Requirements
licence for light passenger transport services and vehicle hire services applicable
vehicles
shall
(a)
be duly covered by a third party liability insurance
policy;
(b)
be kept in a good state of repair and maintenance;
(c) be duly registered and licensed with the Authority in
terms of law; and
(d) have passed a vehicle roadworthiness test in terms of
the Motor Vehicle (Roadworthiness Test) Regulations, where S.L. 65. 15.
applicable.
(2) Notwithstanding the relative provisions of regulation 59, a
light passenger transport vehicle licence or a motor vehicle for hire
licence can be transferred to any other person provided that if such
person is an operator and intends to use the vehicle for his business,
the operator shall be obliged to notify the Authority of such transfer
within seven (7) days thereof and the Authority shall thereupon amend
the Register accordingly.
(1)
The Authority may call in vehicles, whether
registered under an operator’s licence for light passenger transport
services or under an operator’s licence for vehicle hire services, for
inspections, in which case the operator shall be obliged to comply
without delay with such requests.
(2) If a licensed vehicle is not presented for inspection upon a
request made by the Authority or if upon inspection by the Authority
the vehicle is found to be in a state which is not fit for use and not fit
and safe for the conveyance of passengers, the licence relative to such
vehicle shall be suspended and the operator shall not have the right to
continue to use such vehicle for the purposes of his operations until
such vehicle is presented for inspection and, or its state is duly
remedied to the satisfaction of the Authority.
(1)
A vehicle included in the Register may bear
advertisements solely in the form of printed film stuck on its exterior.
(2) Where any advertisement, lettering or other printed matter
is displayed in contravention of any law and, or any regulation issued
thereunder, or an order of the Authority, the Authority may suspend
the licence of such vehicle and the operator shall not have the right to
continue to use such vehicle for the purposes of his operations until
such state is duly remedied to the satisfaction of the Authority.
(3) Without prejudice to the above provisions, nothing shall be
permitted to obstruct or otherwise interfere with the view of the driver
or substantially hinder the view of passengers.
(4) The Authority may, in its complete discretion, order the
removal of any advertisement.
PART IX
BOOKING PLATFORMS
Any intermediary transport service provider which offers
globalised internet-based services for the provision of light passenger
transport services shall be obliged, in order to be able to operate in
Malta, either to obtain an operator’s licence for light passenger
transport services in terms of Part II or else to serve only as an
intermediary booking service platform under a contract of service with
licensed operators registered under Part I of the Register.
(1)
No person may act as an intermediary booking
service platform without an authorization from the Authority.
(2) The Authority shall issue an authorisation to act as an
intermediary booking service platform for light passenger transport
services and to register under Part 5 of the Register any undertaking
which shall file an application with the Authority for such purpose and
satisfies the conditions of these regulations and other requirements
which the Authority may establish.
(3) The application for such authorisation and registration shall
be made to the Authority and shall be in the form and contain such
particulars as the Authority may require, and shall be submitted
together with
(a) documents relative to the juridical personality of the
undertaking together with the name, address and relative details
of its members and officials;
(b) copies of contracts of service with licensed operators
registered under Part 1 of the Register for whose services the
undertaking shall act as an intermediary booking service
platform; and
(c) the name, address and relative details of a designated
person who shall have his ordinary residence in Malta who shall
be responsible for all effects and purposes of these regulations
for the operation and administration of the intermediary booking
service platform.
(4) An application for the grant of an authorisation in terms of
sub-regulation (1) shall be accompanied by payment of the fee
prescribed in the First Schedule.
(5) The authorisation shall be issued in the name of the
undertaking having filed the application,and renewed every year,
subject to the payment of the fee prescribed in the First Schedule,
unless and until it is revoked, suspended or surrendered.
(6) The authorisation may be subject to any such conditions
which the Authority, in its absolute discretion, may deem to be fit and
proper to impose and the undertaking shall be obliged to abide by such
conditions
Provided further that where an intermediary service
provider provides a booking platform for operators of light passenger
transport services, it shall
(i) have an office established in Malta where all
booking data shall be kept;
(ii) make all booking data available to the
Authority at any time upon request by the Authority;
(iii) have notified the Authority in writing about its
intention to provide such a booking service and has
provided all details requested by the Authority;
(iv) make available to the client during a service
booking operation and through the provision of the service
the name and other contact details of the operator of light
passenger transport services with whom the service has
been booked and who shall ultimately provide the service.
(1)
An application for the issue of an authorisation in
terms of regulation 65 shall be processed and decided upon by the
Authority.
(2) The decision of the Authority shall be sent by registered
post to the applicant at the address specified in the application.
(3) Where the Authority intends to refuse an application, it
shall give the applicant concerned notice in writing setting out the
reasons for its intention to do so. Every notice of refusal shall state that
the applicant has a right to make representations in writing, within ten
(10) days, to the Authority giving reasons why the application should
not be refused, and the Authority shall consider any representations so
made before arriving at a final decision. The Authority shall notify in
writing its final decision to the applicant concerned.
(4) When an application is refused by the Authority, the
applicant may appeal to the Tribunal against such decision within a
period of twenty (20) days from its notification.
PART X
OFFENCES AND PENALTIES
(1)
Any person who commits a breach of
(a)
regulation 5(1),
(b)
regulation 46(1),
shall be guilty of an offence and shall, on conviction, be liable to a
fine (multa) not exceeding ten thousand euro (€10,000), or to
imprisonment for a period of not more than six (6) months, or to
both such fine and imprisonment. Furthermore, the court may order
the immediate revocation of any authorisation, licence or permit
held in terms of these regulations by the person found guilty of such
an offence.
(2)
Any person who commits a breach of
(a)
regulation 38,
(b)
regulation 58(1),
shall be guilty of an offence and shall, on conviction, be liable to a
fine (ammenda) not exceeding three thousand euro (€3,000).
(3) Any person who commits a breach of regulation 72 shall be
guilty of an offence and shall, on conviction, be liable to a fine
(ammenda) of two hundred euro (€200).
(4) Any intermediary service provider who commits a breach
of any of the conditions stipulated in regulations 64 and 65 shall be
guilty of an offence and shall, on conviction, be liable to a fine of not
less than five hundred euro (€500) and not more than one thousand and
two hundred euro (€1,200).
(5) A person who, for the purpose of obtaining, whether for
himself or another, the grant or renewal of any licence, authorisation or
permit in terms of these regulations, makes a declaration required by
these regulations which he knows to be false, or submits false
documentation, shall be guilty of a crime and shall, on conviction, be
liable to imprisonment for a period of not more than six (6) months or
to a fine (multa) not exceeding twelve thousand euro (€12,000), or to
both such fine and imprisonment. Furthermore, the Court shall order
the immediate revocation of the licence in relation to which the false
declaration was made or the false documentation was submitted as
well as any other licence, authorisation and/or permit held in terms of
these regulations by the person found guilty of such crime.
(6) With regard to the offences and penalties stipulated in this
regulation, the court shall order the Authority to impose on such
person one penalty point for every ten euro (€10) or part thereof
imposed on such person by way of a fine where such person is a holder
of an operator’s licence, or a driver’s permit or an authorisation to act
as an intermediary booking service platform, as the case may be.
(7) When a holder of an operator’s licence (being an operator’s
licence for light passenger transport services or an operator’s licence
for vehicle hire services) or a driver’s permit is found guilty of
contravening any of the provisions of the Traffic Regulation Ordinance Cap. 65.
or any regulations made thereunder, or the Act or any regulations made
thereunder, the Court, Local Tribunal or other adjudicating authority
shall notify the Authority of such fact, and the Authority shall impose
on such person one penalty point for every ten euro (€10) or part
thereof imposed on such person by way of a fine.
(8) With regard to the penalties established in sub-regulations
(2) and (3), in the event that the same fact constitutes a violation of any
of the provisions of the Traffic Regulation Ordinance or any
regulations made thereunder, or the Act or any regulations made
thereunder which carries with it a higher penalty than the ones
established in sub-regulations (2) and (3), such higher penalty shall
apply.
(9) Whosoever shall hinder or obstruct any authorised
inspecting officer in the exercise of his powers or duties, or unduly or
in any manner whatsoever interfere in the exercise thereof, or refuse to
comply with any orders or directives which such authorised inspecting
officer may give in the execution of his powers or duties, shall, on
conviction, be liable, and without prejudice to any other law, to a fine
(multa) of not less than one hundred and twenty euro (€120) and not
exceeding two hundred and fifty euro (€250) for a first conviction, and
to a fine (multa) of not less than two hundred and fifty euro (€250) and
not exceeding one thousand and two hundred euro (€1,200) for each
subsequent conviction.
(1) The Authority shall impose the administrative
penalties prescribed in the Fourth Schedule and the corresponding
penalty points calculated in terms of sub-regulation (4) on any holder
of an operator’s licence (being an operator’s licence for light passenger
transport services or an operator’s licence for vehicle hire services)
who contravenes the provisions of the regulations listed in the Fourth
Schedule.
(2) The Authority shall impose the administrative penalties
prescribed in the Fourth Schedule and the corresponding penalty
points calculated in terms of sub-regulation (4) on any driver who
contravenes the provisions of the regulations included in the Fourth
Schedule.
(3) Where the holder of an operator’s licence or driver’s permit
contravenes the same provision of these regulations on five (5)
different occasions within a period of twelve (12) consecutive months,
the Authority shall impose upon that operator or driver, in addition to
the administrative penalties prescribed in the Fourth Schedule and the
corresponding penalty points calculated in terms of sub-regulation (4),
an additional twenty (20) penalty points.
(4) The Authority shall impose one (1) penalty point for every
ten euro (€10) or part thereof imposed on a person by way of an
administrative penalty in terms of this regulation
Provided that, notwithstanding the provisions of sub-
regulation (3), where a person contravenes the same provision of these
regulations more than once within a period of six (6) consecutive
months, there shall be imposed upon him two (2) penalty points for
every ten euro (€10) or part thereof imposed upon him by order of the
court or a local tribunal, as the case may be.
(5) Penalty points and administrative penalties 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 that in the latter case the accumulated
penalty shall not exceed two thousand euro (€2,000) for the holder of a
driver’s permit and five thousand euro (€5,000) per licensed vehicle
for the holder of an operator’s licence.
(6) The Authority shall, before imposing an administrative
penalty in terms of these regulations, inform the person on whom the
penalty is imposed of its intention to do so by notice in writing. Every
such notice shall state that the person concerned has a right to make
representations in writing within ten (10) 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 applicant concerned.
(7) Where a breach of these regulations is committed by an
operator who is a natural person, the Authority shall hold the
designated person liable in solidum with the operator for the payment
of any administrative penalty, unless the designated person proves that
the offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of such breach.
(8) Where a breach of these regulations is committed by a
partnership, company or other legal person, the Authority shall hold
every person who at the time of the commission of the breach was a
designated person, director, partner or other similar officer, or was
purporting to act in any such capacity, or was a person having a power
of representation or having an authority to take decisions on behalf of
or having authority to exercise control within that partnership,
company or other legal person, liable in solidum with the operator for
the payment of any administrative penalty imposed on the operator
unless such person proves that the breach was committed without his
knowledge and that he exercised all due diligence to prevent the
commission of such breach.
(1) A person aggrieved by the decision of the Authority
to impose administrative penalties and the corresponding penalty
points may, within twenty (20) days from the date when such decision
is communicated to him, lodge an appeal therefrom with the Tribunal.
(2) The Tribunal may confirm, revoke or alter the
administrative penalty and the corresponding penalty points 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 Organization
and Civil Procedure.
(3) If, upon the renewal of any licence or permit granted in
terms of these regulations, the person in whose name such licence or
permit is granted owes the Authority a civil debt in terms of sub-
regulation (2), such licence or permit shall not be renewed unless and
until such time that the debt is settled in full.
(4) If at the moment that any check on compliance is carried
out by the Authority, a civil debt in terms of sub-regulation (2) is due
by the operator to the Authority, the relative licence shall be suspended
without the need of recourse to the Tribunal until such debt is settled in
full.
In the event that the Authority imposes an administrative
penalty in terms of regulation 69 and the person on whom such penalty
is imposed, pays such penalty to the Authority within thirty (30) days
from the date of receipt of intimation to pay, no criminal proceedings
shall be instituted against such person in relation to the relative breach.
(1)
The Authority shall suspend for a period of one (1)
year an operator’s licence for light passenger transport vehicles if, at
any time, he accumulates five hundred (500) penalty points in terms of
these regulations
Provided that where an operator has more than five (5) light
passenger transport vehicles registered on his operator’s licence, the
said operator’s licence shall only be withdrawn if its holder
accumulates a total amount of five hundred (500) penalty points plus
an additional twenty (20) penalty points per vehicle registered under
such operator’s licence.
(2) The provisions of sub-regulation (1) shall also apply to an
operator’s licence for vehicle hire services, mutatis mutandis.
(3) The Authority shall suspend for a period of one (1) year a
driver’s permit if, at any time, the driver accumulates two hundred
(200) penalty points in terms of these regulations.
(4) Without prejudice to the provisions of sub-regulations (1)
to (3), the Authority shall not revoke an operator’s licence or a driver’s
permit where the holder has entered an appeal before the Tribunal or a
court from a decision of the Authority on the imposition of any of the
accumulated penalty points.
(5) Where the holder of an operator’s licence or of a driver’s
permit incurs less than sixteen (16) penalty points within a period of
thirty-six (36) consecutive months, the Authority shall, on the lapse of
such period, cancel all penalty points imposed on him, and shall notify
the holder accordingly.
Where a driver’s permit has been suspended or revoked or Driving licence
is no longer in force, for any reason, the driver shall immediately to
by the
forward his driving licence to the Authority and the Authority shall Authority.
amend that driving licence accordingly.
Where criminal proceedings have been instituted against an Suspension or
operator or a driver, whereby the said operator or driver is accused of withdrawal
licence and, or
any of the offences listed in regulation 9(1)(a) and, if found guilty, will permit.
no longer satisfy the requisite of good conduct and repute necessary to
hold an operator’s licence and, or driver’s permit, the licence and, or
permit of such person shall be suspended until a definitive judgment is
delivered in such proceedings.
Any person whose licence and, or permit has been Prohibition to
withdrawn in terms of these regulations and, or any other regulations apply
licence and, or
issued in terms of the Traffic Regulation Ordinance and the Act may permit.
not apply for a new licence and, or permit before the lapse of a period
of two (2) years from such withdrawal, and the Authority shall not
consider any application made in contravention of this regulation.
PART XI
GENERAL AND TRANSITORY PROVISIONS
Persons who on the date of the coming into force of these Period for
regulations hold a public service garage licence issued in terms of the conversion
public service
Motor Vehicles Regulations, shall have twelve (12) months from the garage
S.L. 65. 11.
coming into force of these regulations within which to convert their
public service garage licence into an operator’s licence in terms of
these regulations provided that they shall apply to the Authority for
such conversion within six (6) months from the coming into force of
these regulations. Such conversion shall be effected by the Authority
upon presentation of proof by such person of compliance with the
requisites of Part II or of Part VI, as the case may be.
Persons who, on the coming into force of these regulations,
already hold a driver’s permit issued by the Authority in terms of
regulation 130A of the Motor Vehicles Regulations, shall have the
right to continue to make use of their current driver’s permit up to the
date of its expiry, following which they shall be obliged to apply for
and obtain a driver’s permit according to these regulations.
An undertaking may apply for an operator’s licence
(a)
to operate light passenger transport services; and, or
(b)
to operate vehicle hire services
Provided that the relative fee for both operator’s licences
shall be applicable and payable by such undertaking.