Regulations, 2022

L.N. 300 of 2022

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

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

Regulations, 2022

IN EXERCISE of the powers conferred by article 54 of the

Traffic Regulation Ordinance, the Minister responsible for transport,

after consultation with the Authority for Transport in Malta, has made

the following regulations:-

(1) The title of these regulations is Motor Vehicles

(Carriage of Goods by Road) (Amendment) Regulations, 2022 and

these regulations shall be read and construed as one with the Motor

Vehicles (Carriage of Goods by Road) Regulations, hereinafter

referred to as "the principal regulations".

(2) The scope of these regulations is to partially transpose the

provisions of Directive (EU) 2020/1057 of the European Parliament

and of the Council of 15 July 2020 laying down specific rules with

respect to Directive 96/71/EC and Directive 2014/67/EU for posting

drivers in the road transport sector and amending Directive 2006/22/

EC as regards enforcement requirements and Regulation (EU) No

1024/2012.

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately after the definition "daily rest period"

thereof, there shall be added the following new definition

" "Directive 2002/15/EC" means Directive 2002/15/

EC of the European Parliament and of the Council of 11

March 2002 on the organisation of the working time of

persons performing mobile road transport activities;";

(b) the definition "Directive 2006/22/EC" thereof shall

be substituted by the following new definition

" "Directive 2006/22/EC" means Directive 2006/22/

EC of the European Parliament and of the Council of 15

March 2006 on minimum conditions for the

implementation of Council Regulations (EEC) No 3820/85

and (EEC) No 3821/85 concerning social legislation

relating to road transport activities and repealing Council

Directive 88/599/EEC;";

(c) immediately after the definition "regular weekly rest

period" thereof, there shall be added the following new

definitions

" "Regulation (EC) No 561/2006" means Regulation

(EC) No 561/2006 of the European Parliament and of the

Council of 15 March 2006 on the harmonisation of certain

social legislation relating to road transport and amending

Council Regulations (EEC) No 3821/85 and (EC) No 2135/

98 and repealing Council Regulation (EEC) No 3820/85;

"Regulation (EC) No 1071/2009" means Regulation

(EC) No 1071/2009 of the European Parliament and of the

Council of 21 October 2009 establishing common rules

concerning the conditions to be complied with to pursue the

occupation of road transport operator and repealing

Council Directive 96/26/EC;

"Regulation (EU) No 1024/2012" means Regulation

(EU) No 1024/2012 of the European Parliament and of the

Council of 25 October 2012 on administrative cooperation

through the Internal Market Information System and

repealing Commission Decision 2008/49/EC ("the IMI

Regulation");

"Regulation (EU) No 165/2014" means Regulation

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

Council of 4 February 2014 on tachographs in road

transport, repealing Council Regulation (EEC) No 3821/85

on recording equipment in road transport and amending

Regulation (EC) No 561/2006 of the European Parliament

and of the Council on the harmonisation of certain social

legislation relating to road transport;".

Regulation 84 of the principal regulations shall be amended Amends

regultion 84 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, the words "provided for

in the Eighth Schedule." shall be substituted by the words

"provided for in the Eighth Schedule:" and immediately

thereafter there shall be added the following new proviso

"Provided that the Authority shall organise

checks in such a way that at least three percent (3%) of

days worked by drivers of vehicles falling within the scope

of Regulation (EC) No 561/2006 and Regulation (EU) No

165/2014 are checked.";

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

words "recording equipment." shall be substituted by the words

"recording equipment:" and immediately thereafter there shall be

added the following new proviso

"Provided that quayside and roadside checks on

compliance with Part IX of these regulations shall be

limited to aspects that can be checked efficiently through

the tachograph and related recording equipment and

comprehensive checks on compliance with these

regulations shall be carried out only at the premises of the

undertaking.";

(c) immediately after sub-regulation (2) thereof as

amended, there shall be added the following new sub-regulation

"(2a) The Authority shall target its checks towards

the transport undertaking, in case that one or more of the

hauliers working for a transport undertaking is found to be

continuously or seriously infringing Regulation (EC) No

561/2006 or Regulation (EU) No 165/2014;";

(d) immediately after sub-regulation (4) thereof, there

shall be added the following new sub-regulations

"(5) The Authority shall submit information to the

Commission in accordance with Article 17 of Regulation

(EC) No 561/2006 and Article 13 of Directive 2002/15/EC,

which shall include the number of drivers checked at the

quayside or roadside, the number of checks at the premises

of undertakings, the number of working days when

inspections were held and the number and type of

infringements reported, and shall indicate whether

passengers or goods were transported.

(6) In order to facilitate targeted roadside and

quayside checks, the data contained in the national risk

rating system shall be accessible to all the competent

enforcement authorities in Malta concerned at the time of

control.

(7) The Authority shall make the information

contained in the risk rating system introduced under sub-

regulation (3) directly accessible to the enforcement

authorities of other Member States in accordance with

article 16 of Regulation (EC) No 1071/2009 through

interoperable national electronic registers as referred to in

article 16(2) of that Regulation.".

Regulation 85 of the principal regulations shall be amended Amends

regulation 85 of

as follows

the principal

regulations.

(a) paragraph (b) thereof shall be substituted by the

following paragraph

"(b) the records of the current day of the check and

the records of the twenty-eight (28) days prior, for any

cases where the vehicle’s authorised speed is exceeded,

being any periods of more than one (1) minute during

which the vehicle’s speed exceeds ninety kilometres per

hour (90 km/h) for category N 3 motor vehicles;";

(b) paragraph (d) thereof shall be substituted by the

following new paragraph

"(d) the correct functioning of the recording

equipment, thus determining the possible misuse of the

equipment and, or the driver card, and, or record sheets,

and, where appropriate, verification that the posting was

notified in accordance with regulation 6 of the Posting of S.L. 452.82.

Workers in Malta Regulations;";

(c) in paragraph (f) thereof, the words "equipment for

motor vehicles." shall be substituted by the words "equipment

for motor vehicles;" and immediately thereafter there shall be

added the following new paragraph and provisos

"(g) extended maximum weekly working times of

sixty (60) hours and other weekly working times as set out

in regulation 27, only where technology enables effective

checks to be carried out

Provided that notwithstanding the foregoing

paragraphs (a) to (g), during a roadside or quayside check,

the driver shall be allowed to contact the operating centre,

the transport manager or any other person or entity in order

to provide, before the end of the quayside or roadside

check, any evidence which is found to be missing on board

Provided further that this is without prejudice to

the driver’s obligation to ensure the proper use of

tachograph equipment.".

Regulation 86 of the principal regulations shall be

substituted by the following new regulation

86. (1) Checks carried out at the premises of

internationally operating hauliers established in Malta

shall be planned in the light of past experience in

relation to the various types of transport and

undertakings and shall be carried out if serious

infringements of Regulation (EC) No 561/2006 or

Regulation (EU) No 165/2014 or of these regulations

have been detected by means of quayside or roadside

checks.

(2) Checks carried out at the premises of

internationally operating hauliers established in Malta

shall in addition to the provisions of regulation 85,

include the following

(a) weekly rest period and driving times

between these rest periods;

(b) observance of the two-weekly

limitations of driving times;

(c) record sheets, vehicle unit and driver

card data and printouts;

(d) compliance with maximum average

weekly working times, breaks and night work

requirements;

(e) observance of the obligations of

undertakings as regards the payment for drivers’

accommodation and the organization of the

drivers’ work;

(3) The Authority may, if it deems appropriate,

check on the joint liability of other instigators or

accessories in the transport chain, such as shippers,

freight forwarders or contractors, if an infringement is

detected, including verification that contracts for the

provision of transport permit compliance with

Regulations (EC) No 561/2006 and Regulations (EU)

No 165/2014.".

Immediately after regulation 87 of the principal

regulations, there shall be added the following new regulations

87A. (1) The Authority shall, at least six (6)

"Concerted checks.

times per year, carry out concerted roadside or quayside

checks, on drivers and vehicles falling within the scope

of Regulation (EC) No 561/2006 or Regulation (EU)

No 165/2014.

(2) The Authority shall organize additional

concerted checks at premises of undertakings.

(3) The concerted checks mentioned in sub-

regulations (1) and (2) shall be carried out at the same

time by the enforcement authorities of two (2) or more

Member States, each operating in its own territory.

87B. The Authority shall be responsible for

intracommunity relations and shall have the following

tasks

(a) to

ensure

coordination

with

enforcement authorities in the other Member

States concerned as regards actions on concerted

checks;

(b) to forward the biennial statistical

returns to the European Commission under

Article 17 of Regulation (EC) No 561/2006;

(c) to be primarily responsible for

assisting the competent authorities of other

Member States;

(d) to ensure exchange of information

with the other Member States pursuant to

regulation 87C with regard to the application of

these regulations.

87C. (1) Information made available bilaterally

under Article 22(3) of Regulation (EC) No 561/2006

shall also be exchanged between the Authority and the

competent enforcement authorities of other Member

States and notified to the European Commission in

accordance with regulation 87B

(a) at least once every six (6) months after

the 2nd February 2022;

(b) upon reasoned request by a Member

State in individual cases.

(2) The Authority shall provide the information

requested by another Member State pursuant to sub-

regulation (1)(b) within twenty-five (25) working days

from the receipt of the request, unless a shorter time-

frame is agreed between the Member States. In urgent

cases or in cases requiring only a simple consultation of

registers, such as registers of a risk rating system, the

requested information shall be provided within three (3)

working days

Provided that where the Authority considers

that the request is insufficiently reasoned, it shall

inform the requesting Member State accordingly, within

ten (10) working days from the receipt of the request.

The requesting Member State shall further substantiate

the request. Where the requesting Member State is

unable to further substantiate the request, the Authority

may reject the request

Provided further that where it is difficult or

impossible to comply with a request for information or

to carry out checks, inspections or investigations, the

Authority shall inform the requesting Member State

accordingly within ten (10) working days from the

receipt of the request and provide reasons to duly

justify that difficulty or impossibility. Every effort shall

be made with a view of finding a solution.

(3) The exchange of information provided for in

this regulation shall be implemented through the

Internal Market Information System ("IMI"),

established by Regulation (EU) No 1024/2012, unless

such information is being exchanged by Member States

through direct consultation of national electronic

registers referred to in article 16(5) of Regulation (EC)

No 1071/2009.".

€0.63