AIRPORT (GROUNDHANDLING SERVICES) REGULATIONS (groundhandlingservices)

SUBSIDIARY LEGISLATION 499.25

AIRPORT (GROUNDHANDLING SERVICES)

REGULATIONS

18th February, 2003;

25th March, 2003

LEGAL NOTICE 66 of 2003, as amended by Legal Notices 84 of 2004,

411 of 2007, Act V of 2007 and Legal Notice 46 of 2023.

The title of these regulations

is

the

Airport

(Groundhandling Services) Regulations.

(R EGULATION 2)

LIST OF GROUNDHANDLING SERVICES

1. Ground administration and supervision comprise

representation and liaison services with local authorities or

any other entity, disbursements on behalf of the airport

user and provision of office space for its representatives;

load control, messaging and telecommunications;

handling, storage and administration of unit load devices;

any other supervision services before, during or after the

flight and any other administrative service requested by the

airport user.

2. Passenger handling comprises any kind of assistance to

arriving, departing, transfer or transit passengers,

including checking tickets and travel documents,

registering baggage and carrying it to the sorting area.

3. Baggage handling comprises handling baggage in the

sorting area, sorting it, preparing it for departure, loading it

on to and unloading it from the devices designed to move it

from the aircraft to the sorting area and vice versa, as well

as transporting baggage from the sorting area to the

reclaim area.

4. Freight and mail handling comprises

for freight: physical handling of export, transfer and import

freight, handling of related documents, customs procedures

and implementation of any security procedure agreed

between the parties or required by the circumstances;

for mail: physical handling of incoming and outgoing mail,

handling of related documents and implementation of any

security procedure agreed between the parties or required

by the circumstances.

5. Ramp handling comprises

marshalling the aircraft on the ground at arrival and

departure, unless provided by the air traffic service;

assistance to aircraft parking and provision of suitable

devices, unless provided by the air traffic service;

communication between the aircraft and the air-side

supplier of services, unless provided by the air traffic

service;

the loading and unloading of the aircraft, including the

provision and operation of suitable means, as well as the

transport of crew and passengers between the aircraft and

terminal, and baggage transport between the aircraft and

the terminal;

the provision and operation of appropriate units for engine

starting;

the moving of the aircraft at arrival and departure, as well

as the provision and operation of suitable devices;

the transport, loading on to and unloading from the aircraft

of food and beverages.

6. Aircraft services comprise

the external and internal cleaning of the aircraft, and the

toilet and water services;

the cooling and heating of the cabin, the removal of snow

and ice, the de-icing of the aircraft;

the re-arrangement of the cabin with suitable cabin

equipment, the storage of this equipment.

7. Fuel and oil handling comprises

the organisation and execution of fuelling and defuelling

operations, including the storage of fuel and the control of

the quality and quantity of fuel deliveries;

the replenishing of oil and other fluids.

8. Aircraft maintenance comprises

routine services performed before flight;

non-routine services requested by the airport user;

the provision and administration of spare parts and suitable

equipment;

the request for or reservation of a suitable parking and/or

hangar space.

9. Flight operations and crew administration comprise

preparation of the flight at the departure airport or at any

other point;

in-flight assistance, including re-dispatching if needed;

AIRPORT (GROUNDHANDLING SERVICES)

post-flight activities;

crew administration.

10. Surface transport comprises

10.1 the organisation and execution of crew, passenger,

baggage, freight and mail transport between different

terminals of the same airport, but excluding the same

transport between the aircraft and any other point within

the perimeter of the same airport;

10.2 any special transport requested by the airport user.

11. Catering services comprise

11.1 liaison with suppliers and administrative management;

11.2 storage of food and beverages and of the equipment needed

for their preparation;

11.3 cleaning of this equipment;

11.4 preparation and delivery of equipment as well as of bar and

food supplies.

12. General aviation operations: The provision of

groundhandling operations listed in items 3, 4 and 5 of this

Schedule which shall be limited to civil aviation

operations, executed for remuneration or hire, private use,

or for State, military or humanitarian missions, utilising an

aircraft with a maximum take-off weight (MTOW) not

exceeding fifty thousand kilograms (50,000 kg) and having

a maximum seat capacity of nineteen (19) seats.

In these regulations, unless the context otherwise requires

"Administrative Review Tribunal" means the Administrative

R e v i e w Tr i b u n a l e s t a b l i s h e d i n t e r m s o f a r t i c l e 5 o f t h e

Administrative Justice Act, and the provision of this Act shall

apply to such an appeal;

"airport" means any area of land especially adapted for the

landing, taking off and manoeuvres of aircraft, including the

ancillary installations which these operations may involve for the

r e q u i r e m e n t s o f a i r c r a f t t r a ff i c an d s e r v i c e s i n c l u d i n g t h e

installations needed to assist commercial air services;

"airport user" means any natural or legal person, responsible for

the carriage of passengers, mail and, or freight by air, from or to the

airport in question;

"airside services" means the categories of ground handling services

listed in items 3, 4, 5 and 7 of the Schedule;

"Committee" means the Airport Users’ Committee established

under regulation 5;

"Council Directive" means Council Directive 96/67/EC of 15

October 1996 on access to the groundhandling market at Community

airports;

"Director" means the Director of Civil Aviation and, to the extent

of the authority given, any person authorised in that behalf by the

Director;

"general aviation operations" means those operations specified in

item 12 of the Schedule;

"groundhandling" means the services provided to airport users at

the airport as described in the Schedule;

"locally-based aircraft" means an aircraft listed on the Malta

Aircraft Register that undertakes movements that originate and

terminate in Malta and is permanently located in Malta between

inbound and outbound movements;

"managing body of the airport" means a body that has as its

objective the administration and management of the airport

infrastructure, and the co-ordination and control of the activities of

the different operations present in the airport;

"Minister" means the Minister responsible for civil aviation, and

includes, to the extent of the authority given, any officer authorised

by him, in writing, to act in that behalf for any of the purposes of

these regulations;

"MTOW" means the certified maximum take-off weight of an

aircraft expressed in kilograms as declared on the certificate of

airworthiness;

"non-scheduled air service" means any flight not listed in the

timetable of an airline including flights performed pursuant to a

charter contract with one (1) or more charterers with the intention

of covering the entire capacity of the aircraft, not being a general

aviation operation as defined in these regulations;

"scheduled air service" means a series of flights possessing the

following characteristics

(a) on each flight seats and, or capacity to transport cargo

and, or mail are available for individual purchase by

the public directly from the air carrier or from the

authorised agents;

(b) it is operated to serve traffic between the same two (2)

or more airports either

(i)

according to a published timetable, or

(ii)

with flights so regular or frequent that they

constitute a recognisable systematic series;

"self-handling" means a situation in which an airport user directly

provides to aircraft under its Air Operator’s Certificate one or more

categories of groundhandling services and concludes no contract of

any description with a third party for the provision of such services;

for the purposes of this definition airport users shall not, among

themselves, be deemed to be third parties where -

(a) one holds a majority shareholding in the other; or

(b) a single body has a majority holding in each;

"supplier of groundhandling services" means any natural or legal

person supplying third parties with one or more categories of

groundhandling services.

(1) Where the managing body of an airport, the airport user

or the supplier of groundhandling services provides

groundhandling services, they must rigorously separate the

accounts of their groundhandling activities from the accounts of

their other activities in accordance with current commercial

practice.

(2) A person who fails without reasonable excuse to comply

with the requirements of subregulation (1) shall be guilty of an

offence.

(3) The managing body of the airport shall not cause or permit

its groundhandling activities to be subsidised from the revenue it

derives from its role as airport authority.

(1) In any case where, pursuant to regulation 3, the

managing body of the airport, an airport user, or a supplier of

groundhandling services is required to separate its accounts, the

Director shall appoint in relation to that managing body, airport

user or supplier a person to undertake the duties of independent

examiner described in this regulation.

(2) The Director may by notice in writing on the independent

examiner and on the person in relation to whom he has been

appointed to examine, revoke an appointment made by him

pursuant to subregulation (1).

(3) The independent examiner shall check that the required

separation of accounts is carried out.

(4) The independent examiner appointed in relation to the

managing body of the airport shall also check whether there are or

have been any financial flows between the activity of the managing

body as airport authority and its groundhandling activity.

(5) Within a period of fifteen months after his date of

appointment and at least once a year thereafter, the independent

examiner shall prepare a written statement containing the results of

the checks he has carried out pursuant to subregulation (3) and,

where he has been appointed in relation to the managing body of

the airport, subregulation (4).

(6) The independent examiner shall send a copy of the

statement prepared by him pursuant to subregulation (5) to the

Director.

(7) The independent examiner shall be entitled to receive from

the person in relation to whom he has been appointed a sum equal

to any expense reasonably incurred by him in undertaking his

duties of the independent examiner described in this regulation.

(1) There shall be set up by the managing body of the

airport a committee of representatives of airport users or

organisations representing airport users, to be called the Airport

Users’ Committee, hereinafter referred to as "the Committee". The

representatives shall be appointed by the Director and the statute

and rules of procedure of the Committee shall be approved by the

Director.

(2) All airport users shall have the right to be on this

C o m m i t t e e o r, i f t h e y s o w i s h , b e r e p r e s e n t e d o n i t b y a n

organisation appointed to that effect.

(3) The Committee shall meet at least once a year with the

managing body of the airport and the persons providing

groundhandling services at the airport to consult on the application

of the provisions of these regulations. Such consultation shall

cover, inter alia, the organisation of the provision of those

groundhandling services supplied at the airport.

(1)

The managing body of the airport shall ensure free

access to suppliers of groundhandling services established throughout

the European Union to the market for the provision of groundhandling

services to third parties in accordance with the Council Directive

Provided that two (2) suppliers shall be authorised to

provide each category of airside services, and without prejudice to

such authorisation, not more than three (3) other suppliers shall be

authorised to solely provide the general aviation operations consisting

in groundhandling services listed in item 12 of the Schedule, and

provided further that at least one (1) of the authorised suppliers of each

category of airside services may not be directly or indirectly controlled

by

(a) the managing body of the airport;

(b) any airport user who has carried more than twenty-five

percent (25%) of the passengers or freight recorded at

the airport during the year preceding that in which

those suppliers were selected; or

(c) a body controlling or controlled directly or indirectly

by the managing body or any such user

Provided further that the managing body of the airport,

either directly or indirectly, may also provide each category of airside

services and the general aviation operations, in addition to the other

authorised suppliers

Provided further that a supplier of groundhandling

services may outsource certain services to subcontracted suppliers that

have been approved by the managing body of the airport to be

considered as an authorised subcontracted supplier in accordance with

sub-regulation 8A(6).

(2)

Notwithstanding the first proviso to sub-regulation (1),

with regards to services provided to general aviation operations, the

number of suppliers authorised to provide the groundhandling services

listed in item 12 of the Schedule to these regulations may, upon

determination of the Minister in consultation with the managing body

of the airport and the Committee, be increased to a maximum of six (6)

suppliers when the next applicable selection procedure in terms of

regulation 8A shall be undertaken. Such additional suppliers shall be

selected during the same selection procedure established for the

purposes of selecting the other general aviation operations suppliers.

(3)

The selection of the third-party handling service

providers made by the managing body of the airport on the basis of

sub-regulations (1) and (2) shall be valid for not more than

(a)

seven (7) years, in the case of suppliers authorised

to provide airside services to airport users engaging in

scheduled air services and non-scheduled air services;

(b)

five (5) years, in the case of suppliers authorised

to provide services listed in item 12 of the Schedule to airport

users engaging in general aviation operations.

(1)

In relation to one (1) or more groundhandling

services listed in items 3, 4 and 5 of the Schedule, the Director in

consultations with the managing body of the airport may reserve the

right to self-handle aircraft to no more than two (2) airport users, who

are not directly or indirectly providers of groundhandling services

listed in the Schedule to aircraft of a maximum take-off weight

(MTOW) exceeding fifty thousand kilograms (50,000 kg) and a

maximum seat capacity exceeding nineteen (19) seats

Provided that an airport user so authorised to provide

self-handling services shall

(a)

be chosen on the basis of relevant, objective,

transparent and non-discriminatory criteria;

(b)

comply with any conditions and standards set by

the managing body of the airport;

(c)

not be permitted to outsource any of the services

listed in the Schedule;

(d)

such aircraft are registered under their own Air

Operating Certificate

Provided that upon the application of the managing body

of the airport to the Director, the Director may, at his discretion,

authorise the number of providers of self-handling services as

established under this sub-regulation (1) to be increased to a maximum

number of three (3) suppliers.

(2)

The selection of the self-handling airport users made by

the managing body of the airport on the basis of sub-regulation (1)

shall be valid for not more than seven (7) years.

(3)

An airport user who

(a)

operates a locally-based aircraft intended for

general aviation operations;

(b)

is not either directly or indirectly a provider of

groundhandling services to airport users engaging in scheduled

air services and non-scheduled air services,

shall have the right to self-handle in respect of general aviation

operations consisting of groundhandling services mentioned in

item 12 of the Schedule

Provided that an airport user who satisfies the criteria in

sub-regulation 3(a) and 3(b) shall comply with any conditions and

standards set by the managing body of the airport

Provided further that an airport user who satisfies the

criteria in sub-regulation 3(a) and 3(b) shall request from and be duly

authorised by the managing body of the airport to perform self-

handling services, and shall not be permitted to outsource any of the

general aviation operations consisting of the groundhandling services

listed in item 12 of the Schedule.

(4) The selection of the self-handling airport users made by the

managing body of the airport on the basis of sub-regulation (3) shall be

valid for not more than five (5) years.

(1)

The total number of authorised suppliers

providing groundhandling services listed in items 3, 4, 5 and 12 of the

Schedule, including those for scheduled air services, non-scheduled air

services and general aviation operations and self-handling services

shall not collectively amount to more than eight (8).

(2)

The limitation to the total number of authorised suppliers

providing groundhandling services as provided for in sub-regulation

(1) shall be established in the following order

(a)

suppliers for scheduled air services and non-

scheduled air services;

(b)

suppliers for general aviation operations;

(c)

self-handlers

Provided that there shall be no limitation to the number of

authorised suppliers providing self-handling services in accordance

with sub-regulation 7(3).

(1)

The managing body of the airport shall use a

selection procedure to provide airside services and the ground

handling services specified in item 12 of the Schedule

Provided that the managing body of the airport

(a)

does not provide similar groundhandling services;

(b)

has no direct or indirect control over any

undertaking which provides such services; and

(c)

has no involvement in any undertaking which

provides such services.

(2)

The managing body of the airport shall choose a supplier

of groundhandling services after consulting the Committee and on the

basis of the following principles

(a)

any standard conditions or technical specifications

which are to be met by suppliers of groundhandling services

shall be established after consultation with the Committee;

(b)

the selection criteria shall be relevant, objective,

transparent and non-discriminatory;

(c)

an invitation to tender shall be published in the

media to which any interested supplier of groundhandling

services may reply.

(3)

A supplier of groundhandling services shall provide

uninterrupted services for the periods established under sub-regulation

6(3) after being selected. If such a supplier of groundhandling services

ceases his activity before the end of the period for which he has been

selected, he shall be replaced on the basis of the same selection

procedure provided for in sub-regulation (2).

(4)

In the event that the managing body of the airport decides

to itself provide groundhandling services

(a)

it may do so without being subject to the selection

procedures provided for in sub-regulation 8(2). This shall also

apply to the supplier of groundhandling services which is

controlled directly or indirectly by the managing body of the

airport;

(b)

the Director shall carry out the selection

procedure in sub-regulation (2) after consulting the Committee

and the managing body of the airport.

(5)

The managing body of the airport shall inform the

Committee and the Director of decisions taken under this regulation.

(6)

Where an authorised supplier decides to outsource

certain services that are not airside services or general aviation

operations consisting of groundhandling services under item 12 of the

Schedule to other specialized suppliers, the former shall apply with the

managing body of the airport to authorise an outsourced supplier to be

considered as an authorised subcontracted supplier subject to any

conditions and standards set by the managing body of the airport for

the provision of the particular groundhandling service which are

equivalent to those set in sub-regulation (2)(a). The provisions of

regulations 10 to 20 shall also apply mutatis mutandis to the authorised

outsourced supplier.

(7) The managing body of the airport or the Director, as the case

may be in terms of this regulation, shall, following the entry into force

of the Airport (Groundhandling Services) (Amendment) Regulations,

2023, implement the selection procedure for general aviation

operations consisting of the ground handling services specified in item

12 of the Schedule not earlier than the seventh anniversary from the

date on which the selection procedure issued prior to the entry into

force of the said Airport (Groundhandling Services) (Amendment)

Regulations, 2023 was concluded.

The managing body of the airport shall ensure that

(a) the suppliers of groundhandling services and airport

users wishing to self-handle have access to airport

installations to the extent necessary for them to carry

out their activities;

(b) any conditions on such access that may be imposed by

the managing body of the airport shall be relevant,

objective, transparent and non-discriminatory;

(c) space available for groundhandling at the airport is

divided

among

the

various

suppliers

of

groundhandling services and self-handling airport

users, to the extent necessary for the exercise of their

rights and to allow effective and fair competition on

the basis of relevant, objective, transparent and non-

discriminatory rules and criteria;

(d) any fee charged for such access is determined

according to relevant, objective, transparent and non-

discriminatory criteria.

(1) The Director may require that the groundhandling

activity of any provider of groundhandling services obtains his

approval. When granting such approval the Director shall take into

account the financial fitness and sufficient insurance cover, the

security and safety of installation, of aircraft, of equipment and of

persons, as well as the protection and compliance with the relevant

industrial legislation.

(2) In applying the criteria in subregulation (1) the following

principles shall be applied

(a) they must be applied in a non-discriminatory manner

to the various suppliers of groundhandling services

and airport users;

(b) they must relate to the intended objective;

(c) they may not, in practice, reduce market access

freedom to self-handle to a level below that provided

in these regulations.

(3) The criteria referred to in subregulation (1) should be made

public and the supplier of groundhandling services or self-handling

airport user shall be informed in advance of the procedure for

obtaining approval.

(4) The Director may withhold or withdraw an approval issued

by him to the supplier of groundhandling services or self-handling

airport user if they do not meet, for reasons of their own doing, the

criteria set out in subregulation (1). When withholding or

withdrawing an approval, the Director shall communicate the

grounds for such action to the supplier or user concerned and to the

managing body of the airport.

(1) The Director may by notice in writing served on any

person require him to furnish to the Director, in such form and at

such time as may be specified in the notice, information of such

descriptions as may be so specified which relates to the accounts of

any person to whom the requirements of regulation 3 apply.

(2) Any person who fails without reasonable excuse to comply

with the requirements of a notice served upon him under

subregulation (1) shall be guilty of an offence.

(3) Any person who, in purported compliance with the

requirements of any such notice, knowingly or recklessly furnishes

information which is false in a material manner shall be guilty of an

offence.

(1) Subject to subregulation (2), no information with

respect to any particular business which has been obtained under or

by virtue of regulation 11 shall, so long as the business continues to

be carried on, be disclosed without the consent of the person for the

time being carrying it on.

(2) Subregulation (1) does not apply to any disclosure of

information, which is made -

(a) in connection with the investigation of any criminal

offence or for the purpose of any criminal proceedings;

(b) for the purpose of any civil proceedings brought under

or by virtue of these regulations.

(1) Where, on an application made to him by the

managing body of an airport, the Director is satisfied that a supplier

of groundhandling services or an airport user has failed to comply

with a rule imposed upon him to ensure the proper functioning of

the airport, and that rule -

(a) is applied in a non-discriminatory manner to the

various suppliers of groundhandling services and

airport users; and

(b) does not, in practice, reduce market access or the

freedom to self-handle to a level below that provided

for in these regulations,

the Director may decide to prohibit, for such period as he thinks fit,

the supplier or user from supplying groundhandling services or, as

the case may be, self-handling.

(2) A decision made pursuant to subregulation (1) may apply to

one or more categories of groundhandling services.

(3) A supplier of groundhandling services or an airport user in

relation to whom a decision has been made pursuant to

subregulation (1) shall not supply groundhandling services or, as

the case may be, self-handle in contravention of that decision.

(4) In this regulation "rule" includes an obligation contained in

a law or in a regulation.

(5) Pursuant to a decision made in accordance with sub-regulation

(1), the Director may decide to prohibit any supplier of outsourced

services authorised to provide groundhandling services in accordance

with regulation 8A (6) from providing the groundhandling services in

accordance with sub-regulation (1).

(1) On an application from the managing body of an

airport, the Director may decide to reserve for the managing body

of the airport or for another person the management of the

centralised infrastructures used for the supply of groundhandling

services whose complexity, cost or environmental impact does not

allow for division or duplication, such as baggage sorting, de-icing,

water purification and fuel distribution and storage systems.

(2) Where the management of a centralised infrastructure has

been reserved by the Director pursuant to subregulation (1), a

supplier of groundhandling services or a self-handling airport user

at that airport shall not use any apparatus, equipment, system or

other thing for the supply of the groundhandling services concerned

as an alternative to that centralised infrastructure.

(3) The person for whom the management of a centralised

infrastructure has been reserved pursuant to subregulation (1) shall

ensure that the management of that infrastructure is transparent,

objective and non-discriminatory and, in particular, that it does not

hinder the access of suppliers of groundhandling services or self-

handling airport users within the limits provided for in these

regulations.

(4)

On his own proposal or on an application made to him by -

(a) the managing body of the airport concerned,

(b) the person for whom the management of the

centralised infrastructures in question has been

reserved, where that person is not the managing body

of the airport concerned,

(c) a supplier of groundhandling services, or

(d) an airport user,

the Director may vary from time to time or revoke a decision made

pursuant to subregulation (1).

(1) Where it appears to the Minister that another country,

with respect to access to the groundhandling or self-handling

market -

(a) does not, de jure or de facto, grant suppliers of

groundhandling services and self-handling airport

users from Malta treatment comparable to that granted

by Malta to suppliers of groundhandling services and

self-handling airport users from that country; or

(b) grants suppliers of groundhandling services and self-

handling airport users from that country or from other

countries more favourable treatment than suppliers of

groundhandling services and self-handling airport

users from Malta,

the Minister may wholly or partially suspend the obligations arising

from these regulations in respect of suppliers of groundhandling

services and airport users from that country.

(2) The Director shall notify the European Commission of any

withdrawal or suspensions of rights or obligations provided for under

these regulations.

(1) An appeal shall lie to the Administrative Review

Tri bunal against any decision or authorisation given un der

regulations 7, 8, 9, 10 and 13.

(2) The right to appeal shall be competent to any person

aggrieved by the decision or authorisation.

(1) An appeal to the Administrative Review Tribunal may

be filed on any of the following grounds

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made;

(d) that there was some material illegality, including

unreasonableness or lack of proportionality.

(2) The Administrative Review Tribunal shall give reasons for

its decision and shall cause such decisions to be made public

omitting, if it deems it appropriate for reasons of commercial or

security confidentiality, the names of the persons involved and any

other information.

(3) In determining an appeal under this regulation the

Administrative Review Tribunal may -

(a) dismiss the appeal; or;

(b) annul the decision or authorisation, and where the said

Tribunal annuls the decision or authorisation it may

refer the matter to the managing body of the airport or

the Director, as the case may be, with a direction to

reconsider it and reach a decision or authorisation

consistent with the findings of the Tribunal.

(4) The effect of a decision or authorisation to which an appeal

relates shall not, except where the Tribunal or the Court of Appeal,

as the case may be, so orders, be suspended in consequence of the

bringing of the appeal.

(1) The Administrative Review Tribunal shall be

competent to hear and decide any appeal made to it in accordance

with the provisions of these regulations and, subject to regulation

19, the decisions of the Tribunal shall be final and binding.

(2) For the exercise of its functions, the Tribunal may summon

any person to appear before it and give evidence and produce

documents; and the Chairperson shall have the power to administer

the oath.

(1) Any party to an appeal to the Tribunal who feels

aggrieved by a decision of the Board may, on a question of law,

appeal to the Court of Appeal in terms of the Administrative Justice

Act.

(2) The fees contained in Schedule A to the Code of

Organization and Civil Procedure shall apply to the filing of

judicial acts in connection with appeals under this regulation.

AIRPORT (GROUNDHANDLING SERVICES)

(3) The Board established under article 29 of the Code of

Organization and Civil Procedure may make Rules of Court

governing appeals to the Court of Appeal under this regulation.

(1) A person who commits an offence under regulation

3(2) and regulation 11(2) shall be liable, on conviction, to a fine

(multa) not exceeding two thousand and three hundred and twenty-

nine euros and thirty-seven cents (2,329.37).

(2) A person who commits an offence under regulation 11(3)

and regulation 13(3) shall be liable, on conviction, to a fine (multa)

not exceeding two thousand and three hundred and twenty-nine

euros and thirty-seven cents (2,329.37) or to imprisonment for a

term not exceeding six months or both such fine and imprisonment.