Posting of Drivers in Malta (Amendment No. 2) Regulations, 2023

L.N. 230 of 2023

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Posting of Drivers in Malta (Amendment No. 2) Regulations, 2023

IN EXERCISE of the powers conferred by article 43 of the

Authority for Transport in Malta Act, 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 the Posting of Drivers Citation and

scope.

in Malta (Amendment No. 2) Regulations, 2023 and these regulations

shall be read and construed as one with the Posting of Drivers in Malta S.L. 499.72.

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 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, immediately after the

words "factual controls at the workplace" there shall be added

the words "and be saved in the IMI repository for a period of

twenty four (24) months".

(b) in the proviso to sub-regulation (4) thereof, the words

"driver under these regulations." shall be substituted by words

"driver under these regulations:" and immediately after there

shall be added the following new proviso

"Provided further that the competent authority in

Malta and any authorised inspecting officer shall avoid

undue delay in the implementation of control measures

which may affect the duration and dates of posting, and

shall do so through compliance with the Standard Operation

Procedure for Road-Side Enforcement of Transport

Operations Involving Cross-Border Operations published by

the Authority from time to time.".

In sub-regulation (1) of regulation 8A of the principal

Amends

Regulation 8A

regulations, immediately after the words "competent authority in

of the principal

Malta shall cooperate" there shall be added the words "with the

regulations.

Authority".

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