Light Passenger Transport Services and Vehicle Hire Services

L.N. 246 of 2023

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Light Passenger Transport Services and Vehicle Hire Services

(Amendment No. 3) Regulations, 2023

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 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 Light Passenger

Transport Services and Vehicle Hire Services (Amendment No. 3)

Regulations, 2023 and these regulations shall be read and construed as

one with the Light Passenger Transport Services and Vehicle Hire

Services Regulations, hereinafter referred to as "the principal

regulations".

(2) All the terms used in these regulations shall have the same

meaning assigned to them in the principal regulations.

In regulation 2 of the principal regulations, immediately

after the definition "European Union" there shall be added the

following new definition

" "garaging facility" means any premises which is off-street

and in which the parking or garaging therein of motor vehicles is

permitted by the relevant planning authority permit;".

Sub-regulation (4) of regulation 5 of the principal

regulations shall be amended as follows

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

following new paragraph

"(c) proof that the applicant has at his disposal for

his exclusive use the garaging facility stated on his license

together with a declaration signed by the operator by virtue

of which he confirms that all vehicles registered under his

operator’s license are being parked in his garaging

facility.";

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

following new paragraph

"(d) a report signed by a warranted architect that, in

relation to each garaging facility set out in the operator’s

license shall

(i) include the addresses of locations and site

plans of every said garaging facility;

(ii) specify the total number of car spaces at

every said garaging facility;

(iii) certify that these spaces are sufficient to

park all light passenger transport vehicles that are

registered under the operator’s licence; and

(iv) in the case of an operator’s licence for the

registration of five (5) or more vehicles, provide the

relative development permit approving the use of the

garaging facility in which the vehicles are parked as a

public service garage, and provide the details of any

such permit; and".

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

the principal

regulations.

(a)

sub-regulation (1) thereof shall be amended as

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

following new paragraph

"(d) proof that the applicant has at his disposal

for his exclusive use garaging facilities for the off-

street parking of all vehicles registered under his

licence. The applicant shall furthermore undertake to

the Authority that during the period of validity of his

license all vehicles which are registered under his

licence shall, when not in use for the purpose of

providing services, and except as provided by

regulation 17, be parked in the garaging facilities so

indicated by the applicant;";

(ii) paragraph (e) thereof shall be substituted by the

following new paragraph

"(e) a report signed by a warranted architect

that, in relation to each garaging facility set out in the

operator’s license shall

(i) include the addresses of locations

and site plans of every said garaging facility;

(ii) specify the total number of car

spaces at every said garaging facility;

(iii) certify that these spaces are

sufficient to park all light passenger transport

vehicles that are registered under the operator’s

licence; and

(iv) in the case of an operator’s licence

for the registration of five (5) or more vehicles,

provide the relative development permit

approving the use of the garaging facility in

which the vehicles are parked, as a public

service garage and provide the details of any

such permit.";

(b) sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) An application for the grant of an operator’s

licence shall be accompanied by the payment of the fee

stipulated in the First Schedule

Provided that where the operator shall have

more than one (1) garaging facility, the application fee shall

nevertheless be as stipulated in the First Schedule for all

garaging facilities.".

Regulation 17 of the principal regulations shall be amended

as follows

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"17. (1) An operator shall ensure that any light

passenger transport vehicle used in his operations in terms

of his operator’s licence shall, while it is not in use be

garaged or parked off-street in the garaging facility

described in accordance with his license

Provided that a light passenger transport vehicle

that is not in use, but which is being driven by a driver who

is available to be booked for hire during his working time

or shift, or which is parked in accordance with the

provisions of sub-regulation (2), shall not be required to be

garaged or parked off-street.";

(b) immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulations

"(4) In the event that the operator is unable to make

use of the garaging facilities described under his license, he

shall within seven (7) days bring this fact to the attention of

the Authority. The Authority may grant the operator time to

find alternative garaging facilities which shall be subject to

the approval of the Authority.

(5) In the event that an operator applies to register

further light passenger vehicles under an existing license,

he shall ensure that any such further vehicles may be

accommodated within the existing garaging facilities

described in his license. In the event that the operator’s

existing garaging facilities are insufficient to accommodate

the increased number of motor vehicles, the operator shall

apply to the Authority for the authorisation regarding the

addition of the garaging facilities necessary to

accommodate the increased number of vehicles.

(6) Any application in accordance with sub-

regulations (4) and (5) shall be accompanied by all the

information and documentation required in accordance

with the provisions of regulation 7(1)(d) and (e), together

with the payment of the necessary fees.".

Regulation 56 of the principal regulations shall be amended Amends

regulation 56 of

as follows

the principal

regulations.

(a) in sub-regulation (2) thereof the word "garages" shall

be substituted by the words "garaging facilities";

(b) in sub-regulation (3) thereof the word "garages" shall

be substituted by the words "garaging facilities".

Sub-regulation (2) of regulation 61 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(2) Notwithstanding the relative provisions of regulation

59, a light passenger transport vehicle licence or a motor vehicle

for hire licence may 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 seek the prior

authorisation by the Authority in accordance with regulation

17(5).".

Immediately after regulation 77 of the principal regulations

there shall be added the following new regulation

78. Operators who, upon the coming in force of

the definition "garaging facility" in regulation 2, the

provisions of regulation 5(4)(c) and (d), the provisions

of regulation 7(1)(d) and (e), and 7(4), the provisions of

regulation 17(1), (4), (5) and (6), the provisions of

regulation 56(2) and (3) and the provisions of

regulation 61(2) are in possession of a valid operator’s

license or have a pending application for the issuance of

an operator’s license shall have twelve (12) months

from the coming into force of the mentioned

regulations within which to comply with the said

regulations. Any licence renewal shall be authorized

subject to the condition that the operator complies with

the said regulations within the period herein specified.".

€0.45