PASSENGER TRANSPORT SERVICES REGULATIONS (sl_499.56) | MT

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Preamble — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

PASSENGER TRANSPORT SERVICES

SUBSIDIARY LEGISLATION 499.56

PASSENGER TRANSPORT SERVICES REGULATIONS

19th May, 2009;

19th November, 2009

LEGAL NOTICE 149 of 2009, as amended by Legal Notice 319 of 2009; Act XV of 2009;

and Legal Notices 75 and 272 of 2010, 194, 251 and 396 of 2011, 426, 432 and 458 of 2012,

92, 190 and 431 of 2013, 92, 116 and 177 of 2014, 358 of 2015, 238, 365 of 2016, 80, 95, and

96 of 2017, 50, 140 of 2019, 216 of 2021, 346 of 2021 and 301 of 2022, 158 and 188 of 2023,

203 of 2024, 24 and 27 of 2025 and 85 of 2026.

Regulations

Part I

Preliminary

2 - 4

Part II

Admission to the Occupation of Road Passenger

5 - 16

Transport Operator

Part III

Driver’s Permit

17 - 23

Part IV

The Road Passenger Transport Register

24 - 25

Part V

Passenger Transport Vehicles

26 - 38

Part VI

Motor Route Buses

38A - 38F

Part VII

Passenger Transport Services in Malta

39 - 68

Part VIII

Public Passenger Transport Services

68A - 68N

Part IX

Trackless Train Routes and Special Trackless Train

68O

Services

Part X

Passenger Transport Services by means of Vintage Buses

68P

Part XI

P a s s e n g e r Tr a n s p o r t S e r v i c e s b y m e a n s o f M a l t a

68Q

Heritage Buses

Part XII

Passenger Transport Services by means of Electric

68R

Trolley Vehicles

Part XII

Passenger Transport Services by means of Public Lifts

68S

bis

Part XII

Scheduled Passenger Maritime Transport Services

68T

ter

Part XIII

Sightseeing Transport Routes

Part XIV

Working and Driving Times, International Carriage and 70 - 106

Cabotage Transport Operations

Part XV

Offences and Penalties

107 - 114

Part XVI

General and Transitory Provisions

115 - 121

SCHEDULES

First Schedule

Part 1 - Operator trading as sole trader/partnership -

Accountant’s Report

Part 2 - Operator trading as a limited liability company -

Accountant’s Report

Second Schedule

Part 1 - Certificate of professional competence

PASSENGER TRANSPORT SERVICES

Part 2 - List of subjects referred to in regulation 11 -

Organisation of the Examination

Minimum training necessary for the award of a certificate of

professional competence for international drivers in the

carriage of passengers

Community licence

Authorisations for regular and special regular services

Application for authorisation for regular services

Journey form for occasional services

General provisions common to international occasional

services and occasional services in the form of cabotage

Provisions specific to international occasional services

Provisions specific to occasional services in the form of

cabotage

Certificates for own account transport services

Administrative Penalties

Fees

School Children Sign

Maximum Fares for Public Passenger Transport Services

Guidelines on infringements against Regulation (EC) No.

561/2006

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 1 Title. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The title of these regulations is the Passenger Transport

Services Regulations.

PART I

PRELIMINARY

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

First Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(Regulation 7(1)(c))

PART I

OPERATOR TRADING AS SOLE TRADER / PARTNERSHIP

ACCOUNTANT’S REPORT

1. We have prepared, without carrying out an audit, a statement of affairs as at

........................ (date) from the accounting records of ..............................................,

hereinafter referred to as ‘the firm’, having its principal business address at

and from information and explanations supplied to us.

2. In making this report we have had regard to the unaudited statement of

affairs referred to above and, in particular, to the amounts and other information

included in that statement of affairs in respect of

i.

funds available, including cash at banks and overdraft and loan

facilities;

ii.

assets, including property, available to provide security;

iii. costs, including purchase cost or initial payment for vehicles, premises,

plant and equipment; and

iv.

working capital.

3. We confirm that the unaudited statement of affairs of the firm at ..................

(date) shows Total Assets less Total Liabilities of € ...................... at .......................

(date) which, on the basis of the licence application for .......... vehicles € .................

exceeds €9,000 for the first passenger transport vehicle and €5,000 for each

additional vehicle to be authorised for use under the firms’s Operator’s Licence.

Firm of Accountants .....................................................................

Address: .............................................................................................................

Auditor’s/Accountant’s signature: ...................................................

Date: ..................................

i.e. An Auditor or Accountant as defined by the Accountancy Profession Act.

PASSENGER TRANSPORT SERVICES

PART 2

OPERATOR TRADING AS A LIMITED LIABILITY COMPANY

ACCOUNTANT’S REPORT

1)

We have audited in accordance with auditing standards the financial

statements of .............................................., hereinafter referred to as ‘the company’

whose registered office is at ...................................................... for the year / period

ended at ................................ (date).

2)

Our audit report on those financial statements, was without qualification.

OR

Our audit report on those financial statements, which was qualified, was as

follows

3)

In making this report we have had regard to the financial statements referred

to above and, in particular, to the amounts and other information including those

financial statements, in respect of

i.

funds available, including cash at banks and overdraft and loan

facilities;

ii.

assets, including property, available to provide security;

iii. costs, including purchase cost or initial payment for vehicles, premises,

plant and equipment; and

iv.

working capital.

4)

We confirm that the audited balance sheet of the company at ........................

(date) shows Capital and Reserves of € .................. which, on the basis of the licence

for ............ vehicles exceeds €9,000 for the first vehicle with a maximum authorised

weight in excess of 3.5 metric tonnes and €5,000 for each additional vehicle to be

authorised for use under the company’s Operator’s Licence.

Firm of Accountants .....................................................................

Address: .............................................................................................................

Auditor’s/Accountant’s signature: ...................................................

Date: ..................................

i.e. An Auditor or Accountant as defined by the Accountancy Profession Act.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 2 Interpretation. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

For the purpose of these regulations and unless the context

otherwise requires

"the Act" means the Authority for Transport in Malta Act;

"authorisation" means any permission given by the Authority or

the competent authorities in Member States entitling the holder to

carry out road passenger transport operations;

"auth orised in sp ecti ng offi cer" means a Police officer, a

community officer or an officer of the Authority;

"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;

"the Authority" means the Authority for Transport in Malta as

established by the Act;

"break" means any period during which a driver may not carry

out any driving or any other work and which is used exclusively for

recuperation;

"bus operator" means an operator authorized to provide public

passenger transport services in terms of regulation 68B;

"bus stop" means any stopping point situated along a public

passenger transport route at which a motor route bus may take

passengers on board or allow passengers to disembark;

"cabotage transport operations" means the performing of national

carriage of passengers by road for hire or reward within Malta by a

non-resident carrier who holds a Community authorization; such

activity shall not be permanent, frequent, regular or continuous,

shall not be carried out systematically, shall be at considerable and

infrequent intervals, and the vehicle involved shall leave Malta at

least once a month;

"carriage by road" means any journey made entirely or in part on

roads open to the public by a vehicle, whether laden or not, used for

the carriage of passengers;

"carriageway" means that part of a roadway on which traffic

proceeds in a single direction;

"carrier" means any physical or legal person who is authorized

under the laws of a Member State to engage in the carriage of

passengers by road using passenger transport vehicles for hire or

reward or on his own account;

"coach" means a passenger transport vehicle which has at least

thirty passenger seats, in addition to the driver’s seat;

"collective agreement" means an agreement entered into between

an employer, or one or more organisations of employers, and one or

m o r e o rg a n i s a t i o n s o f e m p l o y e e s r e g a r d i n g c o n d i t i o n s o f

employment in accordance with the provisions of any law in force

in Malta;

"Community licence" means a licence issued by the competent

authorities of a Member State to a carrier established in that

Member State in accordance with Article 3a of Council Regulation

(EC) No 11/98 amending Regulation (EEC) No 684/92 on common

rules for the international carriage of passengers by coach and bus;

"company" has the same meaning as is assigned to it in article 2

of the Companies Act;

"co-operative society" means a co-operative society registered or

provisionally registered under the Co-operative Societies Act;

"country of establishment" means that country in which the

nonresident carrier is established and registered;

"daily driving time" means the total accumulated driving time

between the end of one daily rest period and the beginning of the

following daily rest period or between a daily rest period and a

weekly rest period;

"daily rest period" means the daily period during which a driver

may freely dispose of his time and covers a "regular daily rest

period" and a "reduced daily rest period" as defined under these

regulations;

"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 road

passenger transport operations;

"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;

''Directive 2005/55/EC'' means Directive 2005/55/EC of the

European Parliament and of the Council of 28 September 2005 on the

approximation of the laws of the Member States relating to the

measures to be taken against the emission of gaseous and particulate

pollutants from compression ignition engines for use in vehicles, and

the emission of gaseous pollutants from positive ignition engines

fuelled with natural gas or liquefied petroleum gas for use in

vehicles;''; and

"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 Regulations (EC) No

561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards

social legislation relating to road transport activities, and repealing

Council Directive 88/599/EEC, as amended by Directive (EU) 2024/

846;

"Directive (EU) 2024/846" means Commission Delegated Directive

(EU) 2024/846 of 14 March, 2024 amending Directive 2006/22/EC of

the European Parliament and of the Council on minimum conditions

for the implementation of Regulations (EC) No 561/2006 and (EU) No

165/2014 and Directive 2002/15/EC as regards social legislation

relating to road transport activities;

"driver" means any person who drives a passenger transport

vehicle for hire or reward even for a short period, or who is carried

in the vehicle as part of his duties in order to be available for

driving if necessary;

"driver card (with memory)" shall have the same meaning

assigned to it by the Motor Vehicles (Weights, Dimensions and

Equipment) Regulations;

"driver ’s permit" means a permit granted to a driver by the

Authority in terms of Part III of these regulations;

"driving period" means the accumulated driving time from when

a driver commences driving following a rest period or a break until

he takes a rest period or a break. The driving period may be

continuous or broken;

"driving time" means the duration of driving activity recorded

automatically or semi-automatically by the recording equipment as

d e f i n e d i n t h e M a l t a Ve h i c l e s ( We i g h t s , D i m e n s i o n s a n d

Equipment) Regulations or recorded manually as required by

regulation 37 of the said regulations;

"electric trolley vehicle" means an electrically propelled vehicle

which is used for the carriage of passengers by road which -

(a) has been issued with a type approval certificate by a

competent authority of a Member State or by any other

body approved by the Authority authorizing such

vehicle for use on the road for the carriage of

passengers;

(b) for the purposes of these regulations has a maximum

speed which does not exceed 25km/hr; and

(c) fulfils all the applicable specifications and

construction requirements established in the Motor

Vehicles (Weights, Dimensions and Equipment)

Regulations;

"electric trolley vehicle maximum fare" means the maximum fare

to be levied for transport services rendered by means of electric

trolley vehicles as specified in the Fifteenth Schedule;

"electric trolley vehicle stand" means an area specially

designated and marked as such by the Authority where electric

trolley vehicles can stand for hire;

"entry fee" means the fee payable in terms of regulation 117 upon

application for a passenger transport vehicle licence;

"employer" means the person by whom a worker is, or, where the

employment has ceased, was employed, and includes a partnership,

company, co-operative society, association or other body of

persons, whether vested with legal personality or not;

"enforcement officer" means an o ff icer app oint ed by the

Authority in terms of article 4(3) of the Act;

"European Union" has the same meaning as is given to it in the

European Union Act and for the purposes of these regulations

includes Norway, Iceland and Liechtenstein;

"hire or reward" means the carriage of passengers other than on

own account, that is to say against payment or compensation by the

person transported or by the transport organiser, whether such

payment or compensation is made directly or indirectly;

"hirer" means the passenger or the transport organiser, as

applicable;

"international passenger transport services" means the

performance of passenger transport services between two or more

states.

"Local Council" means a Local Council established under the

Local Government Act;

"locality" shall have the same meaning assigned to it by the

Local Government Act;

"Malta heritage bus" means a passenger transport vehicle having

its coachwork manufactured in Malta and having been registered in

Malta as a passenger transport vehicle prior to 1 January, 1975 and

was registered as such for at least five consecutive years at any

time prior to the coming into force of these regulations and which

(a) is not licensed as a vintage bus in terms of Part X; and

(b) has not, at any point in time, been scrapped or garaged

and had its registration plates as a passenger transport

vehicle used on another vehicle in replacement

thereof;

""maximum fares" means the maximum fares indicated in the

Twelfth Schedule payable by a passenger for a public passenger

transport service;;

"maximum passenger capacity" means the seating and standing

passenger capacity of a passenger transport vehicle as established

by the manufacturer of that vehicle;

"Member State" means a Member State of the European Union;

"minibus" means a passenger transport vehicle which has not more

than twenty-nine (29) passenger seats, in addition to the driver’s seat;

"mobile worker" means any worker forming part of the travelling

staff, including trainees and apprentices, who is in the service of an

undertaking which operates transport services for passengers by

road for hire or reward or on its own account and includes any

driver who is not a self-employed driver;

"motor route bus" means a passenger transport vehicle licensed

to operate a public passenger transport service;

"motor route bus inspector" means a person engaged by the bus

operator and having the powers and duties stipulated in these

regulations;

" m o t o r r o u t e b u s l i c e nc e " m ea n s a l i ce nc e i ss u ed by t h e

Authority, authorizing a passenger transport vehicle to be used as a

motor route bus for the purpose of providing a public passenger

transport service;

"motor vehicle" means any self-propelled vehicle travelling on

the road, other than a vehicle permanently running on rails, and

normally used for the carriage of passengers the maximum

designed speed of which exceeds 45 kilometers per hour;

"multi-manning" means the situation where, during each period

of driving between any two consecutive daily rest periods, or

between a daily rest period and a weekly rest period, there are at

least two drivers in the vehicle to do the driving. For the first hour

of multi-manning the presence of another driver or drivers is

optional but for the remainder of the period it is compulsory;

"M2 motor vehicle" means a motor vehicle comprising more than

eight seats in addition to the driver’s seat, and having a maximum

mass not exceeding 5 tonnes;

"M3 motor vehicle" means a motor vehicle comprising more than

eight seats in addition to the driver ’s seat, and having a mass

exceeding 5 tonnes;

"nationa l occa sion al s ervice s" m eans na tiona l p asse nger

transport services which do not fall within the definition of regular

services and, or special regular services, and whose main

characteristic is that they carry groups constituted on the initiative

of a customer or of the carrier himself; these services shall not

cease to be occasional services solely because they are provided at

specified intervals;

"national passenger transport services" means the performance of

passenger transport services solely within the territory of Malta;

"national type approval" shall have the same meaning as assigned to

it in Regulation (EU) 2018/858;

"new motor vehicle" means, for the purposes of these

regulations, a motor vehicle which

(a) has never been registered in any country;

(b) has been registered only once (1) in any other country

provided that

(i)

it has not been driven with its own motor for

more than six thousand kilometres (6,000km);

and

(ii)

it shall be effectively registered as a new motor

vehicle in Malta within three (3) months from the

effective date of the first registration of the new

motor vehicle in the other country;

"night time" means a period of four hours between 01.00 and

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Second Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

XV. 2009.49.

(Regulation 11)

PART 1

CERTIFICATE OF PROFESSIONAL COMPETENCE

MALTA

(Stout fawn paper - Format: DIN A4) (Text in Maltese or English)

M

Authority for Transport in Malta

CERTIFICATE OF PROFESSIONAL COMPETENCE IN NATIONAL [AND

INTERNATIONAL] ( 3 ) ROAD PASSENGER TRANSPORT

We, the Authority for Transport in Malta hereby certify

that ( 4 ) ......................................................................................................................

(a)

born in ............................................................................. on .............................................

has passed the tests of the examination (year: ............................; session: .....................) ( 5 )

organised for the award of the certificate of professional competence in national [and

international] ( 3 ) road passenger transport in accordance with the Passenger Transport

Services Regulations

(b)

that the person referred to in (a) is qualified to work in a professional capacity in an

undertaking responsible for road passenger transport

- engaging solely in national transport ( 3 ),

- engaging in international transport ( 3 ).

This certificate constitutes the sufficient proof of professional competence referred to in

regulation 11 of the Passenger Transport Services Regulations.

Issued at .................................................. , on ......................................

Stamp of the Authority and

Signature of an Authorised Representative

( 3 )

Delete as appropriate.

( 4 )

Surname and forenames; place and date of birth.

( 5 )

Identification of the examination.

PASSENGER TRANSPORT SERVICES

PART 2

LIST OF SUBJECTS REFERRED TO IN REGULATION 11

The knowledge to be taken into consideration for the official recognition of

professional competence by the Authority shall cover at least the subjects listed

below for road haulage and road passenger transport respectively. In relation to these

subjects, applicant road haulage and road passenger transport operators must have

the levels of knowledge and practical aptitude necessary for the management of a

transport undertaking.

A.

Civil law

The applicant must, in particular

1. be familiar with the main types of contract used in road transport and with

the rights and obligations arising therefrom;

2. be capable of negotiating a legally valid transport contract, notably with

regard to conditions of carriage;

3. be able to consider a claim by his principal regarding compensation for loss

of or damage to goods during transportation or for their late delivery, and to

understand how such a claim affects his contractual liability;

4. be able to consider a claim by his principal regarding compensation for

injury to passengers or damage to their baggage caused by an accident during

transportation, or regarding compensation for delays, and to understand how such a

claim affects his contractual liability.

B.

Commercial law

The applicant must, in particular

1. be familiar with the conditions and formalities laid down for plying the

trade, the general obligations incumbent upon transport operators (registration,

keeping records, etc.) and the consequences of bankruptcy;

2. have appropriate knowledge of the various forms of commercial company

and the rules governing their constitution and operation.

C.

Social law

The applicant must, in particular

1. be familiar with the role and function of the various social institutions which

are concerned with road transport (trade unions, works councils, shop stewards,

labour inspectors, etc.);

2. be familiar with the employers’ social security obligations;

3. be familiar with the rules governing work contracts for the various

categories of worker employed by road transport undertakings (form of the

contracts, obligations of the parties, working conditions and working hours, paid

leave, remuneration, breach of contract, etc.);

4. be familiar with the provisions of the Motor Vehicles Passenger Transport

Services Regulations and the Motor Vehicles (Weights, Dimensions and Equipment)

Regulations and the practical arrangements for implementing these Regulations.

D.

Fiscal law

The applicant must, in particular, be familiar with the rules governing

1. VAT on transport services;

PASSENGER TRANSPORT SERVICES

2. motor-vehicle tax;

3. the taxes on certain road haulage vehicles and tolls and infrastructure user

charges;

4. income tax.

Business and financial management of the undertaking

The applicant must, in particular

1. be familiar with the laws and practices regarding the use of cheques, bills of

exchange, promissory notes, credit cards and other means or method of payment;

2. be familiar with the various forms of credit (bank credit, documentary

credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and with the

charges and obligations arising from them;

3. know what a balance sheet is, how it is set out and how to interpret it;

4. be able to read and interpret a profit and loss account;

5. be able to assess the undertaking’s profitability and financial position, in

particular on the basis of financial ratios;

6. be able to prepare a budget;

7. be familiar with his undertaking’s cost elements (fixed costs, variable costs,

working capital, depreciation, etc.), and be able to calculate costs per vehicle, per

kilometre, per journey or per tonne;

8. be able to draw up an organisation chart relating to the undertaking's

personnel as a whole and to organise work plans, etc.;

9. be familiar with the principles of marketing, publicity and public relations,

including transport services sales promotion and the preparation of customer files,

10. be familiar with the different types of insurance relating to road transport

(liability, accidental injury/life insurance, non-life and luggage insurance) and with

the guarantees and obligations arising therefrom;

11. be familiar with the applications of electronic data transmission in road

transport;

12. be able to apply the rules governing fares and pricing in public and private

passenger transport;

13. be able to apply the rules governing the invoicing of road passenger

transport services.

Access to the market

The applicant must, in particular

1. be familiar with the occupational regulations governing road transport for

hire or reward, industrial vehicle rental and sub-contracting, and in particular the

rules governing the official organisation of the occupation, admission to the

occupation, authorisations for intra- and extra-Community road transport operations,

inspections and sanctions;

2. be familiar with the rules for setting up a road transport undertaking;

3. be familiar with the various documents required for operating road transport

services and be able to introduce checking procedures for ensuring that the approved

documents relating to each transport operation, and in particular those relating to the

vehicle, the driver, the goods and luggage are kept both in the vehicle and on the

premises of the undertaking;

4. be familiar with the rules on the organisation of the market in road passenger

transport;

5. be familiar with the rules for introducing road passenger transport services

and be able to draw up transport plans.

Technical standards and aspects of operation

The applicant must, in particular

1. be familiar with the rules concerning the weights and dimensions of vehicles

in the Member States and the procedures to be followed in the case of abnormal

loads which constitute an exception to these rules;

2. be able to choose vehicles and their components (chassis, engine,

transmission system, braking system, etc.) in accordance with the needs of the

undertaking;

3. be familiar with the formalities relating to the type approval, registration

and technical inspection of these vehicles;

4. understand what measures must be taken to reduce noise and to combat air

pollution by motor vehicle exhaust emissions;

5. be able to draw up periodic maintenance plans for the vehicles and their

equipment;

Road safety

The applicant must, in particular

1. know what qualifications are required for drivers (driving licence, medical

certificates, certificates of fitness, etc.);

2. be able to take the necessary steps to ensure that drivers comply with the

traffic rules, prohibitions and restrictions in force in different Member States (speed

limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);

3. be able to draw up drivers’ instructions for checking their compliance with

the safety requirements concerning the condition of the vehicles, their equipment

and cargo, and concerning preventive measures to be taken;

4. be able to lay down procedures to be followed in the event of an accident

and to implement appropriate procedures for preventing the recurrence of accidents

or serious traffic offences;

5. have elementary knowledge of the layout of the road network in the Member

States.

ORGANISATION OF THE EXAMINATION

1. The Authority shall organise a compulsory written examination which may

be supplemented by an optional oral examination to establish whether applicant road

transport operators have achieved the required level of knowledge in the subjects

listed in part I, in particular, their capacity to use the instruments and techniques

relating thereto and to fulfil the corresponding executive and coordination duties.

(a) The compulsory written examination shall involve two tests, namely

-

written questions consisting of either multiple choice questions

(each with four possible answers), questions requiring direct

answers or a combination of both systems,

PASSENGER TRANSPORT SERVICES

-

written exercises/case studies.

The minimum duration of each test is two hours.

(b) Where an oral examination is organised the Authority may stipulate that

participation is subject to successful completion of the written

examination.

2.1 Where the Authority also organisees an oral examination, it must provide, in

respect of each of the three tests, for a weighting of marks of a minimum of 25% and

a maximum of 40% of the total number of marks to be given.

2.2 Where the Authority organises only a written examination it must provide,

in respect of each test, for a weighting of marks of a minimum of 40% and a

maximum of 60% of the total number of marks to be given.

3. With regard to all the tests, applicants must obtain an average of at least

60% of the total number of marks to be given, achieving in any given test not less

than 50% of the total number of marks possible. In one test only, the Authority may

reduce that mark from 50% to 40%.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Third Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(Regulation 72)

MINIMUM TRAINING NECESSARY FOR THE AWARD OF A CERTIFICATE OF

PROFESSIONAL COMPETENCE FOR INTERNATIONAL DRIVERS IN THE

CARRIAGE OF PASSENGERS

Training leading to the award of a certificate of professional competence shall

include at least the following subjects, to the extent that they are not already covered

by training for a driving licence under the Motor Vehicles (Driving Licences)

Regulations

1. Knowledge of the construction and main component parts of a vehicle

1.1. Knowledge of the construction and functioning of

-

internal combustion engines,

-

lubrication and cooling systems,

-

the fuel system,

-

the electrical system,

-

the ignition system,

-

the transmission system (clutch, gearbox, etc.)

1.2. General knowledge of lubrication and antifreeze protection

1.3. Knowledge of the precautions to be taken during the removal and

replacement of wheels

1.4. Knowledge of the construction, fitting, correct use and care of tyres

1.5. Knowledge of the types, operation, main parts, connection, use and day-to-

day maintenance of brake fittings, and knowledge of coupling systems

PASSENGER TRANSPORT SERVICES

1.6. Knowledge of methods of locating causes of breakdowns

1.7. Knowledge of how to repair minor breakdowns with the aid of the correct

equipment

1.8. General knowledge of preventive maintenance of vehicles and necessary

running repairs.

2. General knowledge of transport and administrative procedures

2.1. General ability and sufficient geographical knowledge to use road maps and

their indexes

2.2. Economical use of vehicles

2.3. Knowledge of the steps to be taken after an accident or similar occurrence

(e.g. fire) in connection with vehicle insurance

2.4. Knowledge of the national legislation applicable to drivers of passenger

transport vehicles

2.5. Elementary knowledge of the driver’s responsibility in respect of the

receipt, carriage and delivery of passengers in accordance with the agreed conditions

2.6. Knowledge of the vehicle and transport documents required for the national

and international carriage of passengers

2.7. Knowledge of the techniques of loading and unloading goods and of the use

of loading and unloading equipment

2.8. Basic knowledge of the precautions to be taken in the handling and carriage

of dangerous goods for drivers of passenger vehicles

2.9. Knowledge of the driver’s responsibility in respect of the carriage of

passengers

2.10. Knowledge of the vehicle and passenger documents required for the national

and international carriage of passengers.

3. Experience of driving passenger vehicles

3.1. Practical experience of driving and manoeuvring buses or coaches.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Fourth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

XV. 2009.49.

(Regulation 79)

EUROPEAN COMMUNITY

(a)

(Heavy-duty, blue - DIN A4)

(First page of the licence)

(Text in Maltese or English)

M

Authority for Transport in Malta

LICENCE NO. ................

For the international carriage of passengers by coach and bus for hire or reward

The holder of this licence .......................................................................................

(full name or business name of the carrier)

is authorised to carry out international carriage of passengers by road for hire or

reward in the territory of the Community pursuant to the conditions laid down by

the Passenger Transport Services Regulations. and in accordance with the general

provisions of the licence.

Comments: ............................................................................................................

This licence is valid from .......................................... to .......................................

Issued in ........................................................on ..................................................

Signature and stamp of

the Authority for Transport in Malta

(Second page of the licence)

General provisions

1. This licence is issued pursuant to Council Regulation (EEC) No 684/92 of

16 March 1992 on common rules for the international carriage of passengers by

coach and bus, as amended by Regulation (EC) No 11/98.

2. This licence is issued by the Authority for Transport in Malta to the carrier for

hire or reward who

is authorized to undertake carriage by means of regular services,

including special regular services or occasional services by coach and

bus,

satisfies the conditions laid down in accordance with Community rules

on admission to the occupation of road passenger transport operator in

national and international transport operations,

meets legal requirements on road safety as far as the standards for

drivers and vehicles are concerned.

3. This licence permits the international carriage of passengers by coach and

bus for hire or reward on all transport links for journeys carried out in the territory of

the Community

where the place of departure and place of destination are situated in two

different Member States, with or without transit through one or more

Member States or third countries,

from a Member State to a third country and vice versa, with or without

transit through one or more Member States or third countries,

between third countries crossing the territory of one or more Member

States in transit,

and empty journeys in connection with transport operations under the conditions laid

down by Regulation (EEC) No 684/92.

In the case of a transport operation from a Member State to a third country and

vice versa, Regulation (EEC) No 684/92, is applicable, for the journey made in the

territory of the Member State of picking up or setting down, once the necessary

agreement between the Community and the third country in question has been

concluded.

4. This licence is personal and non-transferable.

5. This licence may be withdrawn by the Authority for Transport in Malta in

particular where the carrier

no longer meets the conditions laid down in Article 3(1) of Regulation

(EEC) No 684/92,

has supplied inaccurate information regarding the data required for the

issue or renewal of the licence,

has committed a serious breach or repeated minor breaches of road

safety regulations, in particular with regard to the rules applicable to

vehicles, driving and rest periods for drivers and the provision, without

authorisation, of parallel or temporary services as referred to in Article

2(1.3) of Regulation (EEC) No 684/92. The Authority for Transport in

Malta may, inter alia, withdraw the Community licence or make

temporary and/or partial withdrawals of the certified true copies of the

Community licence.

PASSENGER TRANSPORT SERVICES

These penalties are determined in accordance with the seriousness of the breach

committed by the holder of the Community licence and with the total number of

certified true copies that he possesses in respect of his international trade.

6. The original of the licence must be kept by the carrier. A certified true copy

of the licence must be carried on the vehicle carrying out an international transport

operation.

7. This licence must be presented at the request of any inspecting officer.

8. The holder must, on the territory of each Member State, comply with the

laws, regulations and administrative measures in force in that State, particularly with

regard to transport and traffic.

9. ‘Regular services’ means services which provide for the carriage of

passengers at specified intervals along specified routes, passengers being taken up

and set down at predetermined stopping points. Regular services shall be open to all,

subject, where appropriate, to compulsory reservation.

The regular nature of the service shall not be affected by any adjustment to the

service operating conditions.

Regular services require authorization.

‘Special regular services’ means regular services which provide for the carriage of

specified categories of passengers, to the exclusion of other passengers, at specified

intervals along specified routes, passengers being taken up and set down at

predetermined stopping points.

Special regular services shall include

(a) the carriage of workers between home and work;

(b) carriage to and from the educational institution for school pupils and

students;

(c) the carriage of soldiers and their families between their homes and the

area of their barracks.

The fact that a special service may be varied according to the needs of users shall

not affect its classification as a regular service.

Special regular services do not require authorisation if they are covered by a

contract between the organiser and the carrier.

The organisation of parallel or temporary services, serving the same public as

existing regular services, requires authorisation.

‘Occasional services’ means services which do not fall within the definition of

regular services, including special regular services, and whose main characteristic is

that they carry groups constituted on the initiative of a customer or of the carrier

himself. The organisation of parallel or temporary services comparable to existing

regular services and serving the same public as the latter shall be subject to

authorisation in accordance with the procedure laid down in Section II of Regulation

(EEC) No 684/92. These services shall not cease to be occasional services solely

because they are provided at certain intervals.

Occasional services do not require authorisation.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 05 — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

00;

"night work" shall mean any work performed during night time;

"non-personalised public transport card" means a card, other than

the personalised public transport card, which is issued by the bus

operator and utilised by a passenger for the public passenger transport

services indicated in Table 3 of the Twelfth Schedule;

"normal residence" means the place where a person habitually

lives, for at least 185 days in each calendar year, because of

personal and occupational ties, or, in the case of a person with no

occupational ties, because of personal ties which show close links

between that person and the place where he is living; provided that,

the normal residence of a person whose occupational ties are in a

different place from his personal ties and who consequently lives in

turn in different places situated in two or more Member States shall

be regarded as being the place of his personal ties, provided that

such person returns there regularly; this last condition need not be

met where the person is living in an Member State in order to carry

out a task of a definite duration; attendance at a university or

school shall not imply taking up of normal residence;

"occasional services" in the context of international carriage of

passengers by road means services which do not fall within the

definition of regular services, including special regular services,

and whose main characteristic is that they carry groups constituted

on the initiative of a customer or of the carrier himself; these

services shall not cease to be occasional services solely because

they are provided at specified intervals;

"occupation of road passenger transport operator" shall mean the

activity of any undertaking operating, by means of motor vehicles

so constructed and equipped as to be suitable for carrying more

than nine persons - including the driver - and intended for that

purpose, passenger transport services for the public or for specific

categories of users for hire or reward;

"open top bus" means an open top, single or double deck

passenger transport vehicle;

"operating centre" means the administrative offices from which

the operator co-ordinates and controls the passenger transport

services it supplies and in which all records relating to such

services are kept;

"operator" means a person, whether natural or legal, who is

authorised by the Authority to carry out passenger transport

services in terms of these regulations and includes self-employed

drivers;

"operator ’s licence" means a national operator’s licence or a

Community licence issued by the Authority to national

undertakings authorizing the holder thereof to carry out passenger

transport services;

"other work" means all activities as defined in the definition

"working time" except driving, including any work for the same or

another employer, within or outside the transport sector;

"own account transport operations" means those passenger

transport operations carried out for non-commercial and non-profit

making purposes by a natural or a legal person, provided that the

following conditions are fulfilled

(a) the transport activity is only ancillary to the overall

activities of the undertaking; and

(b) the vehicles used are the property of that natural or

legal person or have been obtained on deferred terms

by them or have been the subject of a long-term

leasing contract and are driven by a member of the

staff of the natural or legal person or by the natural

person himself;

"partnership" includes an association, not registered under the

Companies Act, between two or more persons;

"parking disc" means a cardboard device as defined in the Fourth

Schedule of the Controlled Parking Schemes (Residents and

Commercial) Regulations;

"passenger" means a person travelling in a passenger transport

vehicle and who is not the driver or a person making use of a public lift

or of scheduled passenger maritime services, as the case may be;

"passenger seat" means any seat on a passenger transport vehicle

which is not the driver’s seat;

"passenger transport services" means the carriage of passengers

using passenger transport vehicles for hire or reward;

"passenger transport vehicle" means an M2 or M3 motor vehicle

which, by virtue of its type of construction and equipment, is

suitable for carrying passengers, and is intended for that purpose

and, unless otherwise specified, includes a trackless train and an

electric trolley vehicle;

"passenger transport vehicle licence" means a document issued

by the Authority certifying that the passenger transport vehicle is

authorised to carry passengers for hire or reward, in terms of these

regulations;

"periods of availability" means periods other than those relating

to break times and rest periods during which the mobile worker is

not required to remain at his workstation, but must be available to

answer any calls to start or resume driving or to carry out other

work, including such periods during which the mobile worker is

accompanying a vehicle being transported by ferryboat or by train

as well as periods of waiting at frontiers and those due to traffic

prohibitions;

"personalised public transport card" means a personalised card

which is issued by the bus operator and utilised by the passenger in

whose name the card is registered for the public passenger transport

services indicated in Table 1 of the Twelfth Schedule;

"persons performing mobile road transport activities" means any

mobile worker or self-employed driver who performs such road

transport activities;

"ply for hire" means to drive on the road to search for or be

available for hire;

"priority vehicle lane" means an area of carriageway which may

only be used by vehicles licensed to carry passengers for hire or

reward by the Authority;

"public lift" means a lift which is operated for hire or reward for the

transport of passengers from one public place situated at a lower level

to another public place situated at a higher level, and vice-versa;

"public passenger transport service" means the regular passenger

transport services of general economic interest provided in Malta to

the public on a non-discriminatory and continuous basis;

"public passenger transport route" means a route established by

the Authority and, or notified to the Authority by the bus operator,

and which forms part of the public passenger transport service;

"public transport card" means a personalised transport card and a

non-personalised transport card;

"public transport ticket" means a ticket issued by the bus operator

and utilised by a passenger for the public passenger transport services

in Table 2 of the Twelfth Schedule;

"public highway" means national, arterial, distributory, access

and local access roads as defined in the Motor Vehicles (Driving

Licences) Regulations, or comparable roads in other states;

"recording equipment" or "tachograph" shall have the same

meaning as that assigned to them in the Motor Vehicles (Weights,

Dimensions and Equipment) Regulations;

"reduced daily rest period" means any period of rest of at least

nine hours but less than eleven hours;

"reduced weekly rest period" means any period of rest of less

than forty-five hours, which may, subject to the conditions laid

down in regulation 75, be reduced to a minimum of twenty-four

consecutive hours;

"regular daily rest period" means any period of rest of at least

eleven hours. Alternatively, this regular daily rest period may be

taken in two periods, the first of which must be an uninterrupted

period of at least three hours and the second an uninterrupted

period of at least nine hours;

"regular passenger services" means national and international

services which provide for the carriage of passengers at specified

intervals along specified routes, passengers being taken on board or

disembarking at predetermined stopping points;

"regular weekly rest period" means any period of rest of at least

forty-five hours;

"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 595/2009'' means Regulation (EC) No 595/

2009 of the European Parliament and of the Council of 18 June 2009

on type-approval of motor vehicles and engines with respect to

emissions from heavy duty vehicles (Euro VI) and on access to vehicle

repair and maintenance information and amending Regulation (EC)

No 715/2007 and Directive 2007/46/EC and repealing Directives 80/

1269/EEC, 2005/55/EC and 2005/78/EC;

"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 (EU) 2018/858" means Regulation (EU) 2018/858 of

the European Parliament and of the Council of 30 May 2018 on the

approval and market surveillance of motor vehicles and their trailers,

and of systems, components and separate technical units intended for

such vehicles, amending Regulations (EC) No 715/2007 and (EC) No

595/2009 and repealing Directive 2007/46/EC;

"rest" means any uninterrupted period during which the driver

may freely dispose of his time;

"road" means any road, street, lane, square, or other place of

public thoroughfare;

"road passenger transport operation" means the economic

activity of offering and carrying out passenger transport services;

"road transport activities" shall include driving, assisting

passengers boarding and disembarking the vehicle, cleaning and

technical maintenance, and all other work intended to ensure the

safety of the vehicle, its passengers or to fulfil the legal, or

regulatory obligations directly linked to the specific transport

operations under way, including dealing with administrative

formalities with police, customs and immigration officers;

"seat belt" shall have the same meaning assigned to it in the Motor

Vehicles (Wearing of Seat Belts) Regulations;

"scheduled passenger maritime transport services" means passenger

transport services operated for hire or reward for the transport of

services by sea, to and from such berthing places as may be established

by the Authority from time to time, which are operated according to

scheduled times;

"school children" means all children attending schools providing

tuition up to a secondary level of education;

"self-drive vehicle" means a passenger transport vehicle which is

licensed and/or registered to be hired for the purpose of being

driven by the hirer;

"self-employed driver" means anyone whose main occupation is

to transport passengers by road for hire or reward within the

meaning of European Union legislation under cover of a

Community licence or any other professional authorisation to carry

out the aforementioned transport, who is entitled to work for

himself and who is not tied to an employer by an employment

contract or by any other type of working hierarchical relationship,

who is free to organise the relevant working activities, whose

income depends directly on the profits made and who has the

freedom, individually or through a cooperation between self-

employed drivers, to have commercial relations with several

customers;

"sightseeing passenger transport route" means a route established

a nd p u bl is he d by th e Au th o ri t y an d w hi c h m a y be u s e d b y

operators for the purpose of taking passengers to and from sites and

attractions in Malta and having a number of pre-determined pick-up

and drop-off points, none of which are within five hundred metres

from the main entrance of any building licensed as a hotel in terms

of the Malta Travel and Tourism Services Act, and does not include

public passenger transport routes;

"special regular services" means regular services which provide

for the carriage of specified categories of passengers, to the

exclusion of other passengers, at specified intervals along specified

routes, passengers boarding and disembarking at predetermined

stopping points. They shall include inter alia

(a) the carriage of workers between home and work;

(b) carriage to and from an educational institution for

school pupils and students;

(c) the carriage of soldiers and their families between

their homes and the area of their barracks;

"tail-lift van" means a passenger transport vehicle which, before

first registration for use on the road was permanently fitted with a

mechanical device which is designed to facilitate the boarding of

wheelchair-bound passengers;

"tracking device" means a device which monitors and transmits,

in real time or otherwise, the geographical position and the

functioning or operation, including the speed, of a passenger

transport vehicle and the registration number of such vehicle;

"trackless train" means an articulated vehicle travelling on the

road, other than a vehicle permanently running on rails, comprising

a self-propelled vehicle with a maximum set speed which does not

exceed 25 kilometers per hour and pulling one or more carriages

connected by drawbar couplings;

"trackless train route" means a route established and published

by the Authority and which may be used by operators authorised to

operate trackless trains in terms of regulation 68A;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established by article 5 of the Administrative Justice Act;

"two way communication system" means any wireless apparatus

which is designed or adapted for the purpose of transmitting and

receiving spoken messages;

"type-approval certificate" shall have the same meaning as assigned

to it in Regulation (EU) 2018/858;

"undertaking" means any natural person, any legal person,

whether profit-making or not, any association or group of persons

without legal personality, whether profit-making or not, or any

official body, whether having its own legal personality or being

dependent upon an authority having such personality;

"valid" shall be associated with any legitimate licence as issued

by the competent authority, and to mean that such a licence is in

effect and current for the period stated on the licence by virtue of

the licence holder having met and continues to meet fully the

obligations in accordance with these regulations;

"vintage bus" means a passenger transport vehicle which has its

engine compartment situated in front of its windscreen, and was -

(a) manufactured and registered in Malta as a motor route

bus prior to the 1st January, 1960, and was registered

as such for at least five consecutive years prior to the

coming into force of these regulations, or

(b) manufactured prior to the 1st January, 1960 and

registered in Malta as a motor vehicle for the carriage

of passengers prior to the 1st January, 1992; and was

so registered in Malta for at least five consecutive

years prior to the coming into force of these

regulations.

Vehicles under paragraph (b) may only carry not more than 30

passengers;

"week" means the period between the hours of 00:00 on Monday

and 24.00 on the following Sunday;

"weekly driving time" means the total accumulated driving time

during a week;

"weekly rest period" means the weekly period during which a

driver may freely dispose of his time and covers a "regular weekly

rest period" and a "reduced weekly rest period" as defined under

these regulations;

"working time" means

(a) in the case of a mobile worker, the time from the

beginning to the end of work, during which the mobile

worker is at his workstation, at the disposal of the

employer and exercising his functions or activities,

being -

(i)

the time devoted to road transport activities; and

PASSENGER TRANSPORT SERVICES

(ii) the times during which the mobile worker cannot

dispose freely of his time and is required to be at

his workstation, ready to take up normal work,

with certain tasks associated with being on duty,

in particular during periods awaiting loading or

unloading where their foreseeable duration is not

known in advance, that is to say either before

departure or just before the actual start of the

period in question, or under collective

agreements or any other agreement entered into

between the employer and mobile workers

employed by him in compliance with national

legislation;

(b) in the case of a self-employed driver, the time from the

beginning to the end of work, during which the self-

employed driver is at his workstation, at the disposal

of the client and exercising his functions or activities,

being -

(i) the time devoted to road transport activities; and

(ii) the times during which the self-employed driver

cannot dispose freely of his time and is required

to be at his workstation, ready to take up normal

work, with certain tasks associated with being

on duty, in particular during periods awaiting

loading or unloading where their foreseeable

duration is not known in advance, that is to say

either before departure or just before the actual

start of the period in question, or under

agreements between the social partners

Provided that general administrative work that is not

directly linked to the specific transport operation underway shall

not be deemed to be working time; and

"workstation" means -

(a) the location of the main place of business of the

undertaking for which the person performing mobile

road transport activities carries out duties, together

with its various subsidiary places of business,

regardless of whether they are located in the same

place as its head office or main place of business,

(b) the passenger transport vehicle which the person

performing mobile road transport activities uses when

he carries out duties, or

(c) any other place in which activities connected with

transportation are carried out.

3. (1)

When considering an application for -

(a) an operator’s licence,

(b) a driver’s permit, or

(c) a passenger transport vehicle licence,

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 and, 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 and, or the Act 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.

4. Any information given to the Authority in pursuance of

these regulations shall be covered by the Professional Secrecy Act,

provided that the Authority may communicate information to other

competent authorities in Member States of the European Union for

the purpose of compliance with its obligations under Council

Directive 96/26/EC on admission to the occupation of road haulage

operato r and road passenger transpo rt o perator and m utual

recognition of diplomas, certificates and other evidence of formal

qualifications intended to facilitate for these operators the right to

freedom of establishment in national transport services and

international transport operations and Council Regulation (EC) No

11/98 amending Regulation (EEC) No 684/92 on common rules for

the international carriage of passengers by coach and bus.

PART II

ADMISSION TO THE OCCUPATION OF ROAD PASSENGER

TRANSPORT OPERATOR

5. (1) No person shall carry out passenger transport services

for hire or reward unless duly authorised under these regulations.

(2) The Authority shall issue an operator’s licence to any

undertaking that proposes to carry out passenger transport services

a n d s a t i s f i e s t h e co n d i t i o n s o f t h e s e r e g u l a t i o n s a n d o t h e r

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 shall not

be transferable.

(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 three (3) months preceding the fifth

anniversary from the issue of the said licence, and every five (5) years

thereafter, a declaration of compliance with the requirements of

regulation 6 supported by updated documentation stipulated in

regulation 7(1)(c) and (h), the applicable fee stipulated in Part 1 of the

Tenth Schedule, a police conduct certificate and a signed declaration

by virtue of which he confirms that he still satisfies the condition of

good conduct and repute and that since the issuance of the last

certificate referred to in regulation 7(1)(a) he has not been found guilty

of any criminal offence in violation of the provisions of regulation 9.

(5)

The Authority shall issue -

(a) a national operator’s licence to any undertaking with

an operating centre in Malta which, in the course of its

road passenger transport operations, intends carrying

PASSENGER TRANSPORT SERVICES

passengers only in Malta

(b) a Community licence to any undertaking with an

operating centre in Malta which, in the course of its

road passenger transport operations, intends carrying

passengers outside Malta but within the European

Union;

Provided that a Community licence shall cover

passenger transport services within the European

Union including Malta.

(6) Sub-regulation (1) shall not apply to cabotage transport

operations within the territory of Malta.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Fifth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

XV. 2009.49.

(Regulation 83)

AUTHORISATIONS FOR REGULAR AND SPECIAL REGULAR SERVICES

(First page of Authorisation No …….)

MALTA (M)

Authority for Transport in Malta

AUTHORISATION No ..............

for a regular service ( 2 ) for a non-liberalised special regular service

by passenger transport vehicles in accordance with

the Passenger Transport Services Regulations

to: .................................................................. (Surname, first name or trade name

of carrier or of managing carrier in the case of an association of undertakings)

Address: .....................................................Tel. and fax: ......................................

Name, address, telephone and fax numbers of associates or members of the

association of undertakings (pool) and subcontractors

(1) ........................................................................................................................

(2) ........................................................................................................................

(3) ........................................................................................................................

(4) ........................................................................................................................

(5) ........................................................................................................................

List attached, if appropriate ..................................................................................

Expiry date of authorisation: ........................................................................................

.............................................. (Place and date of issue)

(Stamp of the Authority and

signature of authorized representative)

( 2 )

Delete as appropriate

PASSENGER TRANSPORT SERVICES

(Second page of authorisation No ....................)

1. Route

(a) Place of departure of service: ................................................................

(b) Place of destination of service: ..............................................................

(c) Principal itinerary, with passenger pick-up and set-down points

underlined: ............................................................................................

2. Periods of operation: ....................................................................................

3. Frequency: ...................................................................................................

4. Timetable: ...................................................................................................

5. Special regular service

-

Category of passengers: ........................................................................

6. Other conditions or special points

(Stamp of the Authority)

(Third page of the authorisation)

Important notice

1. This authorisation is valid for the entire journey. It may not be used except

by a party whose name is indicated thereon.

2. The authorisation or a true copy certified by the issuing authority shall be

kept on the vehicle for the duration of the journey and shall be presented to

enforcement officials on request.

3. A true certified copy of the Community Licence shall be kept on board the

vehicle.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 6 Requirements for an operator’s licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) An applicant for an operator’s licence shall, before

being granted the licence, satisfy the Authority that he -

(a) is of good repute and conduct,

(b) is of appropriate financial standing, and

(c) satisfies the condition as to professional competence.

(2) Where the applicant is a natural person and cannot satisfy

the requ irement in sub-regulation (1 )(c), but sat isfies sub-

regulation (1)(a) and (b), the Authority may nevertheless issue an

operator’s licence provided that he designates to the Authority a

designated person who satisfies sub-regulation (1)(a) and (c).

(3) Every applicant for an operator’s licence not being a natural

person must indicate a designated person.

(4)

(a) Where the applicant for an operator’s licence is a

limited liability company, the requirements of sub-

regulation (1)(a) must be satisfied by all the directors

of the company as well as the designated person, the

requirements in sub-regulation (1)(b) must be satisfied

by the company and the requirements of sub-regulation

(1)(c) must be satisfied 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-regulation (1)(a) must be satisfied

by all the partners and the designated person, the

requirements in sub-regulation (1)(b) must be satisfied

by the partnership and the requirements of sub-

regulation (1)(c) must be satisfied 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)(a) must

be satisfied by all persons having the legal and, or

judicial representation of such legal person and the

designated person, the requirements in sub-regulation

(1)(b) must be satisfied by the legal person itself and

the requirements of sub-regulation (1)(c) must be

satisfied by the designated person.

(5) Where a designated person, ceases to continuously and

effectively manage the road passenger transport operation, the

operator shall within twenty-one days from that occurrence notify

the Authority in writing and the Authority shall allow a period not

exceeding three months within which the operator shall designate

another designated person, who shall comply with the provisions of

sub-regulation (1)(a) and (c).

(6) Where, a person, other than the designated person, who is

required to fulfill the requirement stipulated in sub-regulation

(1)(a), ceases to occupy his post within a road passenger transport

operation, the operator shall within twenty-one 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 fulfill the requirements of these

regulations.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Sixth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

XV. 2009.49.

(Regulation 87)

APPLICATION FOR AUTHORISATION FOR REGULAR SERVICES

APPLICATION

TO START A REGULAR SERVICE

TO START A SPECIAL REGULAR SERVICE

TO RENEW AUTHORISATION FOR A SERVICE

(Tick as appropriate)

carried out by passenger transport vehicles under the Passenger Transport Services Regulations

to: Authority for Transport in Malta

1. Name and first name or trade of the applicant and, where appropriate, of the managing

carrier in the case of an association (pool)

2. Service(s) carried out (tick as appropriate)

by an undertaking

as a member of an association (pool)

as a subcontractor

3. Names and addresses of the carrier, associated carrier(s) or subcontractor(s)

3.1. ....................................................................................... tel. ....................................

3.2. ....................................................................................... tel. ....................................

3.3. ....................................................................................... tel. ....................................

3.4. ....................................................................................... tel. ....................................

Indicate in each case whether a member of an association or a subcontractor is concerned.

Attach list if applicable.

(Second page of the application for authorisation or for renewal of authorisation)

4. In the case of a special regular service

Category of passengers: ............................................................................................

5. Duration of authorisation requested or date on which the service ends

6. Principal route of service (underline passenger pick-up points)

7. Period of operation

8. Frequency (daily, weekly, etc.): ........................................................................................

9. Fares: ............................................................ Annex attached

Enclose a driving schedule to permit verification of compliance with the Community

legislation on driving and rest periods

Number of authorisations or of copies of authorisations requested ( 1 )

11.

12. Any additional information

13. (Place and date)

(Signature of applicant)

( 1 ) The attention of the applicant is drawn to the fact that, since the authorisation has to be kept on board

the vehicle, the number of authorisations which the applicant must have should correspond to the number of

vehicles needed for carrying out the service requested at the same time.

PASSENGER TRANSPORT SERVICES

(Third page of the application for authorisation or for renewal of authorisation)

Important notice

1. The following must be attached to the application, as appropriate

(a) the timetable;

(b) fare scales;

(c) a certified true copy of the Community Licence for the international carriage of

passengers by road for hire or reward;

(d) information concerning the type and volume of the service that the applicant plans to

provide in the case of a new service, or that has been provided in the case of renewal

of an authorisation;

(e) a map on an appropriate scale on which are marked the route and the stopping points

at which passengers are to be taken up or set down;

(f) a driving schedule to permit verification of compliance with the Community

legislation on driving and rest periods.

2. Applicants shall provide any additional information in support of their application which

they consider relevant or which is requested by the Authority.

3. The Passenger Transport Services Regulations state that the following services are subject

to authorisation

(a) regular services, services which provide for the carriage of passengers at

specified intervals along specified routes, passengers being taken up and set

down at predetermined stopping points. Regular services shall be open to all,

subject, where appropriate, to compulsory reservation. The regular nature of the

service shall not be affected by any adjustment to the service operating

conditions;

(b) special regular services not covered by a contract between the organiser and the

carrier. Services, by whomsoever organised, which provide for the carriage of

specified categories of passengers to the exclusion of other passengers, in so far as

such services are operated under the conditions specified in 1.1, shall be deemed to be

regular services. Such services are hereinafter called ‘special regular services’.

Special regular services shall include

(i) the carriage of workers between home and work;

(ii) carriage to and from the educational institution for school pupils and

students;

(iii) the carriage of soldiers and their families between their State of origin

and the area of their barracks.

The fact that a special service may be varied according to the needs of users

shall not affect its classification as a special regular service.

4. The application shall be made to the Authority when the service departs from Malta.

5. The maximum period of validity of the authorisation is five years.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 7 Application for an operator’s licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(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

s uc h pa r t ic ul a r s a s t he A ut ho r it y m a y r e q ui r e a nd s ha l l b e

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

(4) may have been sentenced together with the

punishment thereof

Provided that where the applicant and/or the persons

mentioned in regulation 6(2) and (4) 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 come shall suffice

Provided further that where the country of origin or the

country from where such persons come 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 persons come. Such

authority or notary shall issue a certificate attesting the

authenticity of the declaration on oath or solemn

declaration;

(b) a certificate of competence granted to the designated

person in terms of regulation 11;

(c) a declaration signed by an auditor or accountant in the

form set out in the First Schedule;

(d) particulars of the number and class or description of

any passenger transport motor vehicle available for

use in the relevant road passenger transport business or

proposed such business. The said vehicles shall be

registered with the Authority;

(e) where the passenger transport vehicles to be covered

by the operator’s licence are not registered in the name

of the applicant, a signed declaration from the

registered owner in favour of the operation of the said

vehicles under that particular operator’s licence;

(f)

a declaration giving the details of its operating centre;

(g) particulars of mobile workers, if any, employed or to

be employed by the operator;

(h) particulars of the financial resources available as

regards any such relevant business.

(2) The documents prescribed in sub-regulation (1)(a), (c) and

(e) shall not be accepted if produced more than three months after

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 Part 1, Item (ii) of the Tenth

Schedule.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Seventh Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

XV. 2009.49.

(Regulations 90 and 98)

JOURNEY FORM FOR OCCASIONAL SERVICES

1. Journey forms shall be in books of 25 forms in accordance with the form

below, in duplicate, and detachable. Each book shall bear a number. The forms shall

also be numbered from l to 25. The cover of the book shall conform to the model in

the below. They shall be in the name of the carrier and are non-transferable.

2. The Authority shall take all necessary measures to adapt these requirements

to computerised processing of journey forms.

3. (1) The journey form shall be filled in legibly in indelible letters, in

duplicate, either by the carrier or by the driver for each journey prior to departure. It

shall be valid for the entire journey.

(2) In the case of special regular services in the form of cabotage pursuant to

regulation 98, the journey form shall be completed in the form of a monthly

statement and returned by the carrier to the competent authority or agency in the

Agreement State of establishment in accordance with procedures to be laid down by

that authority or agency

(3) The top copy of the journey form shall be kept in the vehicle during the

whole of the journey to which it refers. A copy shall be kept at the company’s

registered office.

(4)

The carrier shall be responsible for keeping the journey forms.

4. In the case of an international occasional service provided by a group of

carriers acting on behalf of the same contractor, and which may include the travellers

establishing a connection en route with a different carrier of the same group, the

original of the journey form shall be kept on the vehicle carrying out the service. A

copy of the journey form shall be kept at the base of each carrier

5. Copies of the journey forms used as control documents for occasional

services in the form of cabotage pursuant to regulation 77 shall be returned by the

carrier to the competent authority or agency in the country of establishment in

accordance with procedures to be laid down by that authority or agency.

6. The journey form shall enable the holder registered in Malta, in the course

of an international occasional service, to carry out local excursions in a Agreement

State, or a carrier registered in a Agreement State to carry out local excursions in

Malta, in accordance with the conditions laid down in the second paragraph of

regulation 82. The local excursions shall be entered on the journey forms before the

departure of the vehicle on the excursion concerned. The original of the journey

form shall be kept on board the vehicle for the duration of the local excursion

7. The control document shall be presented to any enforcement official on

request.

PASSENGER TRANSPORT SERVICES

JOURNEY FORMS FOR OCCASIONAL SERVICES

PASSENGER TRANSPORT SERVICES

Book of Journey forms

Malta (M)

Authority for Transport in Malta

BOOK No .................

of journey forms

(a)

for international occasional services by passenger transport service vehicles issued in

accordance with the Passenger Transport Services Regulations.

(b)

for occasional services by passenger transport vehicles in the form of cabotage carried

out in an Agreement State, issued on the basis of the Passenger Transport Services Regulations

to: ...................................................................................................................................

(Surname and first name or trade name of carrier)

(Full address, telephone . and fax. number)

(Place and date of issue)

(Signature and stamp the Authority)

Second page

Important notice

A.

GENERAL PROVISIONS COMMON TO INTERNATIONAL OCCASIONAL

SERVICES AND OCCASIONAL SERVICES IN THE FORM OF CABOTAGE

1. The Passenger Transport Services Regulations require occasional services to be

carried out under cover of a control document - journey form.

2. The Regulations define occasional services as services `which do not fall within the

definition of regular services, including special regular servi ces, and whose main

characteristic is that they carry groups constituted on the initiative of a customer or of the

carrier himself.

Regular services are services which provide for the carriage of passengers at specified

intervals along specified routes, passengers being taken up and set down at predetermined

stopping points. Regular services shall be open to all, subject, where appropriate, to

compulsory reservation.

The regular nature of the service shall not be affected by any adjustment to the service

operating conditions.

Services, by whomsoever organized, which provide for the carriage of specified categories

of passengers to the exclusion of other passengers, in so far as such services are operated

under the conditions specified in 1.1, shall be deemed to be regular services. Such services are

called ‘special regular services’.

Special regular services shall include

(a) the carriage of workers between home and work;

(b) carriage to and from the educational institution for school pupils and students;

(c) the carriage of soldiers and their families between their state of origin and the

area of their barracks.

The fact that a special service may be varied according to the needs of users shall not affect

its classification as a regular service.

3. The journey form shall be valid for the entire journey.

4. The Community Licence and the journey form entitle the holder to carry out

PASSENGER TRANSPORT SERVICES

(a)

international occasional services by passenger transport vehicles between Malta

and one or more Agreement States;

(b) occasional services in the form of cabotage in an Agreement State, or in Malta if

he is non-resident in Malta.

5. The journey form shall be completed in duplicate, either by the carrier or by the

driver before the beginning of each service. The copy of the journey form shall remain in the

undertaking. The driver shall keep the original on board the vehicle throughout the journey

and present it on request to enforcement officials.

6. The driver shall return the journey form to the undertaking which delivered it at the

end of the journey in question. The carrier shall be responsible for keeping the documents.

They shall be filled in legibly and indelibly.

Third page

B.

PROVISIONS SPECIFIC TO INTERNATIONAL OCCASIONAL SERVICES

1. The Passenger Transport Services Regulations require that the organisation of parallel or

temporary services comparable to existing regular service and serving the same clientele as the latter

shall be subject to authorisation.

2. Carriers may carry out local excursions in an Agreement State, or in Malta if they are non-

resident in Malta, in the case of international occasional services. Such local excursions shall be

intended exclusively for non-resident passengers previously transported by the same carrier in the

framework of an international occasional service. They shall be transported in the same vehicle or a

vehicle belonging to the same carrier or group of carriers.

3. In the case of local excursions, the journey form must be completed before the departure of

the vehicle on the excursion in question.

4. In the case of an international occasional service operated by a group of carriers acting on

behalf of the same customer and possibly involving the passengers catching a connection en route

with a different carrier of the same group, the original of the journey form shall be kept on the vehicle

carrying out the service. A copy of the journey form shall be kept at the base of each carrier involved.

C.

PROVISIONS SPECIFIC TO OCCASIONAL SERVICES IN THE FORM OF

CABOTAGE

1. Occasional services in the form of cabotage shall be subject to the laws, regulations and

administrative measures in force in Malta in the following areas

(a) rates and conditions governing the transport contract;

(b) weights and dimensions of the road vehicles shall meet the conditions of the Motor

Vehicles (Weights, Dimensions and Equipment) Regulations;

(c) requirements relating to the carriage of certain categories of passenger, such as

schoolchildren, children and persons with reduced mobility;

(d) driving and rest periods;

(e) value added tax (VAT) on the transport services.

2. The technical standards for construction and equipment which the vehicles used to carry

out the cabotage transport operations must meet shall be those laid down for vehicles put into

circulation in international transport.

3. In the case of an occasional service in the form of cabotage, the journey forms shall be

returned by the carrier to the Authority in accordance with procedures it shall establish.

4. In the case of special regular services in the form of cabotage, the journey forms shall be

completed in the form of a monthly statement and returned by the carrier to the Authority in

accordance with procedures it shall establish.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 8 Decision on the granting of a licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(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 passenger transport vehicle covered

by such licence. Such true copy shall be kept at all times in the said

passenger transport vehicle and shall be produced by the driver on

demand by an authorized 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 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 thirty days from its notification.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Eighth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

XV. 2009.49.

(Regulation 91)

CERTIFICATES FOR OWN ACCOUNT TRANSPORT SERVICES

MALTA

Authority for Transport in Malta

CERTIFICATE

issued for own-account transport operations by coach and bus

between Agreement States and Malta

(Part for the person or entity carrying out the own-account transport operations)

The undersigned ...................................................................................................

responsible for the undertaking, non-profit-making body or other (describe)

Surname and first name or official name, full address

certifies that

the transport

service

provided

is

non-profit-making

and

non-

commercial,

transport is only an ancillary activity for the person or entity,

the coach or bus registration No .............. is the property of the person

or entity or has been obtained by them on deferred terms or has been the

subject of a long-term leasing contract,

the coach or bus will be driven by a member of staff of the undersigned

person or entity or by the undersigned in person.

(Signature of the person or representative of the entity)

(Part for the Authority)

This constitutes a certificate within the meaning of regulation 91.

(Period of validity)

(Place and date of issue)

(Signature and . stamp of the Authority)

PASSENGER TRANSPORT SERVICES

(Second page of the certificate)

General provisions

l.

Regulation 2 of the Passenger Transport Services Regulations states that own-

account transport operations are passenger transport operations carried out for non-

commercial and non-profit making purposes by a natural or legal person, provided that the

following conditions are fulfilled

-

the transport activity is only ancillary to the overall activities of the

undertaking;

-

the vehicles used are the property of that natural or legal person or have

been obtained on deferred terms by them or have been the subject of a

long-term leasing contract and are driven by a member of the staff of the

natural or legal person or by the natural person himself.

2. Own-account carriers are licensed to carry out this type of transport

operation without discrimination on grounds of nationality or place of establishment

provided that they

-

are authorised in the State of establishment to undertake transport by

coach and bus on the conditions of access to the market laid down in

national legislation;

-

meet the requirements on road safety as far as the standards for drivers

and vehicles are concerned.

3. The own-account transport operations referred to in point 1 are exempt from

authorisation but subject to a system of certificates.

4. The certificate entitles the holder to carry out international transport

operations by coach and bus for own-account. It is issued by the competent authority

of the Agreement State where the vehicle is registered and is valid for the entire

journey, including any transit journeys.

5. The relevant parts of this certificate must be completed in indelible letters in

triplicate by the person or the representative of the entity carrying out the operation

and by the competent authority. One copy must be kept by the administration and

one by the person or entity. The driver must keep the original or a certified true copy

on board the vehicle for the entire duration of any international journeys. It must be

presented to the enforcement authorities on request. The person or entity, as

appropriate, is responsible for keeping the certificates.

6. The certificate is valid for a maximum of five years.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 9 Good repute. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(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), 8(e), 11, 13(2),

14(3), 15, 15A, 16, 17, 18, 22(1)(b), (c), (d), (e),

(f), 22(1C), 22(1D)(a), 22(1E) and 22(3BA)(5) of

the Dangerous Drugs Ordinance; and

(v) articles 37, 38, 44, 50 and 61 of the Malta

Armed Forces Act;

(b)

for such period during which he is serving a sentence of

imprisonment of at least one month;

(c)

for such period immediately following time spent

serving a sentence of imprisonment for a term or terms of at least one

month imposed on such person for a crime or crimes connected with

violence committed on a person, which period shall be

(i)

of three months for sentences of imprisonment for

a term of at least six months and not more than two

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 years

Provided further that where the applicant was less than

eighteen 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

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

PASSENGER TRANSPORT SERVICES

(a) a probation order issued in terms of article 7 of the

Probation Act or article 5 of the Probation of

Offenders Act and 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;

(d) with the exception of the offences referred to in sub-

paragraphs (i) and (ii) of paragraph (a) of sub-

regulation (1), a sentence for the commission of an

offence which

(i)

was committed before the 19th May 2009; and

(ii)

was committed by a person who had a valid

driver’s tag issued to him by the Authority

before the 19th May 2009.

(e) 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 years

before the date of new application or renewal of tag,

where the applicant has rehabilitated oneself by means

of a rehabilitation program and applicant shall have no

other sentence in these three years.

(3) An operator shall inform the Authority in writing of any

conviction against him for any offence contemplated in sub-regulation

(1)(a) or against any of the persons mentioned in regulation 6(4), as

applicable, within twenty-one days from that conviction or, when

an appeal is entered, within twenty days from when such appeal is

decided.

(4) A person who contravenes sub-regulation (3) shall be guilty of

an offence.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Ninth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

L.N. 319 of 2009;

ADMINISTRATIVE PENALTIES

L.N. 272 of 2010;

L.N. 251 of 2011;

(Regulation 108)

L.N. 396 of 2011;

L.N. 432 of 2012.

Substituted by

L.N. 116 of 2014.

Amended by

L.N. 238 of 2016

L.N. 96 of 2017.

Column 1

Column 2

Column 3

Regulation

Administrative penalties for Administrative penalties for

operators

drivers

8(2)

€50

€100

14(1)

€50 per day

22(3), (5), (6)

€50

23(1)

€50

€250

27(2)

€50

27(3)

€500

€50

35(2)

€100

35(3)

€50

36(2)

€100

36(3)

€50 and in addition €50 per

day

37(1), (2)

€1,000

€50 and in addition €50 per

day

€100

42(1)

€500

42(3)

€100 or €200 where the sale €100 or €200 where the sale

of a service is made within of a service is made within

five metres of a bus stop

42(4)

€100

€50

€100

€500

PASSENGER TRANSPORT SERVICES

€50

€100

€50

52(1)

€10

€100

€150

57 (1), (2)

€150

57 (3), (4)

€150

€25

€100

€250

64(1), (5)

€250

64(2), (3), (4)

€100

68C

€50

68D

The penalty prescribed in

this Schedule for breaches

of the specific regulations

stipulated in regulation 68D

according to the specific

regulation breached.

68E(1), (4)

€100

68E(2), (3), (5), (6)

€25

68F

€25

68G(2)

€50

68K

€100

68O(2)(a),(b),(e)

€500

68O(2)(c)

€500

68O(2)(d)

€500 and in addition €50

per day

68O(7)

€500

68O(10), (11)

€100 or €200 where the sale €100 or €200 where the sale

of a service is made within of a service is made within

five metres of a bus stop

PASSENGER TRANSPORT SERVICES

68P(1)(a)

The penalty prescribed in The penalty prescribed in

this Schedule for breaches this Schedule for breaches

of the specific regulations of the specific regulations

stipulated in regulation stipulated in regulation

68P(1)(a) according to the 68P(1)(a) according to the

specific

regulation specific

regulation

breached.

68P(1)(d), 68P(2), 68P(4)

€500

68Q(1)

The penalty prescribed in

this Schedule for breaches

of the specific regulations

stipulated in regulation 68R

according to the specific

regulation breached

68Q(4)

€500

68Q(5)

€200

68Q(10)(c)

€500

68R(1)

The penalty prescribed in

this Schedule for breaches

of the specific regulations

stipulated in regulation 68R

according to the specific

regulation breached

68R(2), 68R(8)

€500

68R(9), (10) and (11)

€100 or €200 where the sale

of a service is made within

five metres of a bus stop or

a taxi stand

68O(10), (11) and (12)

€100 or €200 where the sale

of a service is made within

five metres of a bus stop

69(1)(a), (b), (c), (e)

€500

69(1)(d)

€500 and in addition €50

per day

69(2), (3), (4), (5), (11)

€500

69(6)

€500

69(10), (11)

€100 or €200 where the sale €100 or €200 where the sale

of a service is made within of a service is made within

five metres of a bus stop

72,73,74,75,76,77,78

€350

107(6)

€150 for a first breach and €150 for a first breach and

€1,000 for a subsequent €1,000 for a subsequent

breach

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 10 Appropriate financial standing. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Appropriate financial standing of the undertaking for the

purpose of regulation 6 shall consist in having available sufficient

resources to ensure proper launching and proper administration

thereafter of the road passenger transport operation.

(2) For the purposes of assessing financial standing, the

Authority shall have regard to

(a) annual accounts of the applicant, if any;

(b) funds available, including cash at bank, overdraft and

loan facilities;

(c) any assets, including property, which are available to

provide full or partial security for the road passenger

transport operation;

(d) costs, including purchase cost or initial payment for

vehicles, premises, plant and equipment, and working

capital.

(3) An applicant for, or a holder of an authorization shall not be

considered to be of appropriate financial standing unless he has

available to him capital and reserves of an amount equal to or

exceeding the aggregate of

(a) nine thousand euro (€9,000) for the first or only

passenger transport vehicle which is to be authorised

under the licence; and

(b) five thousand euro (€5,000) for each additional

passenger transport vehicle which is to be authorised.

(4) The Authority may accept as evidence of financial standing

confirmation or assurance given by a bank or other suitably

qualified financial institution. Such confirmation may be given in

the form of a bank guarantee, a pledge or security, or by any other

means acceptable to the Authority.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Tenth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Amended by

L.N. 272 of 2010;

FEES

L.N. 251 of 2011;

L.N. 432 of 2012;

L.N. 177 of 2014;

L.N. 238 of 2016;

L.N. 158 of 2023.

Part 1

Application for Operator Licence - Regulation 7(4)

Application fee

€125

Verification fee

€50

Changes in Licence

€25

Reissuing lost Licence

€50

Part 2

Application for Driver’s Permit - Regulation 20

(i)

Application fee as prescribed by the Motor Vehicle (Driving Licences)

Regulations (S.L. 65.18)

(ii) Renewal fee as prescribed by the Motor Vehicle (Driving Licences)

Regulations (S.L. 65.18)

Part 3

Replacement of Driver Tag - Regulation 22(4)

(i)

Issue of Tag (valid for five years) as prescribed by the Motor Vehicle

Regulations (S.L. 65.11)

(ii) Replacement of lost Tag as prescribed by the Motor Vehicle Regulations

(S.L. 65.11)

Part 4

Application for Passenger Transport Vehicle Licence - Regulation 27

1. Application fee for a Passenger Transport Vehicle Licence

€25

2. Entry Fee payable in applicable cases

Entry Fee payable upon application for a passenger transport vehicle licence

for a vehicle which was manufactured

Number of

not more

At least

At least six

At least

passengers

than five

five years

years but

seven years

eight years

nine years

which can be

years

but less

less than

but less

but less than

carried as per

before the

than six

seven

than eight

nine years

ten years

manufacturer’s

date of such

years

before the

certificate of

application

before the

date of such

the particular

date of

application

passenger

such

(€)

transport

application

(€)

vehicle

(€)

11000

11892

PASSENGER TRANSPORT SERVICES

12753

13608

14430

15248

16031

16812

17556

18300

19005

19712

20378

21048

21675

22308

22896

23492

24041

24600

30600

36600

42600

48600

54600

25110

31310

37510

43710

49910

56110

25632

32032

38432

44832

51232

57632

26103

32703

39303

45903

52503

59103

26588

33388

40188

46988

53788

60588

27020

34020

41020

48020

55020

62020

27468

34668

41868

49068

56268

63468

27861

35261

42661

50061

57461

64861

28272

35872

43472

51072

58672

66272

28626

36426

44226

52026

59826

67626

29000

37000

45000

53000

61000

69000

29315

37515

45715

53915

62115

70315

29652

38052

46452

54852

63252

71652

29928

38528

47128

55728

64328

72928

30228

39028

47828

56628

65428

74228

30465

39465

48465

57465

66465

75465

30728

39928

49128

58328

67528

76728

30926

40326

49726

59126

68526

77926

31152

40752

50352

59952

69552

79152

31311

41111

50911

60711

70511

80311

31500

41500

51500

61500

71500

81500

31620

41820

52020

62220

72420

82620

31772

42172

52572

62972

73372

83772

PASSENGER TRANSPORT SERVICES

53 and over

31800

42400

53000

63600

74200

84800

Provided that coaches which are new motor vehicles, open top buses which are new

motor vehicles, tail lift vans which are new motor vehicles, minibuses which are new

motor vehicles that are licensed from 19th August 2023 onwards,vintage buses, trackless

trains and electric trolley vehicles shall be exempt from the entry fee irrespective of the

number of passengers which they can carry.

2A. Entry Fee payable for an open top bus which was manufactured more than ten

years prior to the entry into force of these regulations to be used for the provision of

passenger transport services other than those on sightseeing passenger transport routes

............................................................................................................................ €10,600

3. Passenger Transport Vehicle Licence renewal fee

€25 per passenger

transport vehicle

4. Fee payable in terms of regulation 68A(6)(d)

€50

Part 4A

Application for Malta Heritage Bus Licence - Regulation 68Q

1. Application fee for a Malta Heritage Bus Licence

€500

2. Entry Fee payable in applicable cases

Entry Fee payable upon application for

a passenger transport vehicle licence

Number of Passengers which may

Entry Fee Payable

be carried on Malta Heritage Bus

€25,000

€25,500

€26,000

€26,500

€27,000

€27,500

€28,000

€28,500

€29,000

€29,500

€30,000

€30,500

€31,000

€31,500

€32,000

€32,500

€33,000

€33,500

€34,000

PASSENGER TRANSPORT SERVICES

€34,500

50 or more

€35,000

Part 5

Application for motor route bus licence - Regulation 38A

Application fee for a motor route bus licence

€25

Part 6

Application fee for a special vintage bus services

€10.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 11 Professional competence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The conditions relating to professional competence

shall be satisfied if the designated person demonstrates that he

possesses the requisite skills by passing a written and/or oral

examination based on the subjects listed in Part 2 of the Second

Schedule, corresponding to the level of training for either the

national or international operations as the case may be, organised

by the Authority or a body designated for the purpose by the

Authority and is the holder of a certificate to that effect issued by

the Authority or a body designated for the purpose by the

Authority. Such certificate, in the format indicated in Part 1 of the

Second Schedule shall serve as proof of professional competence

Provided that the level of training for a national operator’s

licence in terms of regulation 5(5) shall not cover subjects relating

to international transport. In such a case, the certificate of

professional competence shall state that the holder is qualified to

perform the effective and continuous management of national road

transport operations

(2) The Authority may exempt from examination, or part

thereof, applicants who can provide proof of at least five years’

practical experience in the management of a road passenger

transport operation, provided such applicants successfully sit a

multiple-choice test based on the subjects listed in Part 2 of the

Second Schedule, organised by the Authority or a body designated

for the purpose by the Authority.

(3) The Authority may exempt from examination, or part

thereof, holders of advanced diplomas or technical diplomas

equivalent, which provide proof of a sound knowledge of the

subjects covered in the relevant national and international syllabi

and holders of a certificate of professional competence issued by

other Member States.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Eleventh Schedule - School Children Sign — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 12 Operating centre. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

An operator shall maintain up to date and comprehensive

records relating to all aspects of the passenger transport operation,

including, but not limited to, records of all bookings, the statutory

documents and books of accounts and employment agreements at

the operating centre.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Twelfth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Added by

L.N. 251 of 2011.

(Regulations 2 and 68G)

Amended by

L.N. 426 of 2012;

L.N. 92 of 2014.

Substituted by

L.N. 80 of 2017.

MAXIMUM FARES FOR PUBLIC PASSENGER TRANSPORT SERVICES

1. For the purpose of this Schedule

(a)

"Night Service/s" shall mean the public passenger transport

services operated by the bus operator from 23:01 hours up to and including 05:00

hours;

(b)

the fares in Tables 1, 2 and 3, other than "Night Service/s" or

"Special Service/s", shall apply to public passenger transport services operated

by the bus operator from 05:01 hours up to and including 23:00 hours;

(c)

"Single Journey Fare" shall mean the fare indicated in Table 2,

payable by a passenger for a public passenger transport service on a motor route

bus, with a valid travel period of two hours from purchase. This shall not apply

to Night Services and Special Services;

(d)

children who are three years of age or under shall travel for free in

Malta and in Gozo. "Children" fares in Table 1 and Table 3 shall apply to minors

who are four years of age, up to and including ten years of age;

(e)

"Concession Card Holders" shall mean passengers who are in

possession of a valid concession card issued by the bus operator and have

(i)

a Kartanzjan Card or a 60+ Maltese Identity Card issued in

their name by the appropriate Government Department in Malta; or

(ii) a Disabled Blue Badge and, or a Disabled Special Identity

Card issued in their name by the Commission for the Rights of Persons

with Disability;

(f)

"Student Fares" shall apply to a passenger who is in possession of

a personalised public transport card issued by the bus operator in their name and

who is either aged between eleven and sixteen years of age, both inclusive, or

who can provide evidence to the bus operator that he or she is enrolled in a full

time course with an educational institution registered with the Ministry

responsible for education in Malta, the duration of which is of at least three

months;

(g)

"Special Services" shall mean the public passenger transport

services provided by the bus operator, in addition to the scheduled public

passenger transport services after consultation with the Authority;

(h)

"Two Hour Fare" shall mean the fare in Table 1 which shall include

any public passenger transport service on a motor route bus, and shall be valid

for two hours from the time of purchase. The "Two Hour Fare" shall not apply to

Night Services and Special Services;

(i)

"Summer" shall mean the period between the 15th of June and the

15th of October, both inclusive, of every year, or the closest Sunday to the 15th

of June and the 15th of October, or as agreed between the Authority and the bus

operator;

(j)

"Winter" shall mean the period between the 16th of October and

the 14th of June, both inclusive, of every year, or the closest Sunday to the 16th

of October and the 14th of June, or as agreed between the Authority and the bus

operator;

(k)

"Thirty Day Fare" shall mean the fare in Table 1 which shall be

valid for a calendar month;

(l)

"Ninety Day Fare" shall mean the fare in Table 1 which shall be

valid until the ninetieth day from purchase date;

(m)

"Seven Day Fare" shall mean the fare in Table 1 and Table 3 shall

be valid from Monday to Sunday.

2. The maximum fares payable for scheduled public passenger transport

services on motor route buses within the Islands of Malta and Gozo shall not exceed

those set out below

Table 1 - Passengers using a personalised public transport card

Children and

Adult

Student Fare

Concession Card

Validity Period

€

Holders

€

Two Hour Fare

0.75

n/a

0.25

One Day Fare

n/a

0.50

Seven Day Fare

n/a

2.00

Thirty Day Fare

26.00

21.00

n/a

Ninety Day Fare

n/a

55.00

n/a

Night Service or

3.00

Special Service

Table 2 - Passenger using a public transport ticket

All Passengers

Validity Period

€

Single Journey Fare bought on a motor route bus

1.50

(Winter)

Single Journey Fare bought on a motor route bus

2.00

(Summer)

Night Service single journey or Special Service

3.00

PASSENGER TRANSPORT SERVICES

Table 3 - Passengers using a non-personalised public transport card

Adult

Children

Validity Period

€

Seven consecutive day unrestricted pass to travel in

21.00

15.00

Malta and Gozo, including Night Services

Twelve Single Journey Fare (or six single journeys on

15.00

n/a

Night Services or Special Services), valid for six

months

3. The bus operator shall be entitled to charge passengers a cost for issuing

and, or replacing a personalised public transport card that is lost or damaged.

4. A passenger may obtain a Gozo personalised public transport card

registered by the bus operator in the name of that passenger where the passenger

presents a legally valid photo identification card issued by the Government of Malta

which confirms that the residential address of that passenger is in Gozo. A passenger

with a valid Gozo personalised public transport card shall be entitled to a €10.00

maximum fare, which shall be valid for a calendar month, for public passenger

transport services within the Island of Gozo only.

5. The bus operator may request information from applicants of a

personalised public transport card, solely for the purpose of confirming their eligibility

for the personalised public transport card and to issue the card. Such information may

include, but may not be limited to, name and surname, age, address, photograph and

identification photographs. The information required shall be in line with the various

eligibility criteria as may be established by the bus operator from time to time, and

approved by the Authority.

6. No extra charges or fares shall apply to instruments which aid mobility

(including but not limited to wheelchairs, pushchairs, prams, but excluding bicycles).

7. No extra charges or fares shall apply to guide dogs and hearing dogs

travelling with passengers on a motor route bus.

8. The maximum fares for tickets issued by the bus operator which have a

validity period other than those provided in Tables 1, 2 and 3, shall be subject to

approval by the Authority.

9. The bus operator shall establish and implement identification procedures

to ensure the non-transferability of the public transport ticket and the public transport

card.

10. The bus operator shall publish the terms and conditions applicable from

time to time to the personalised public transport card and the non-personalised public

transport card, as approved by the Authority.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 13 Variation of number of vehicles on operator’s licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The number of passenger transport vehicles authorised on

the operator’s licence may be varied at anytime upon a request in

writing to the Authority, and once the Authority is satisfied that the

operator still satisfies the requirement of financial standing, it shall

vary the operator’s licence accordingly.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Thirteenth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Added by

L.N. 75 of 2010.

(Regulation 102)

Amended by

L.N. 251 of 2011.

GUIDELINES ON INFRINGEMENTS AGAINST

Substituted by

REGULATION (EC) NO. 561/2006

L.N. 24 of 2025.

Guidelines on a common range of infringements against Regulation (EC) No 561/

2006, as amended, divided into categories according to their gravity.

1. Groups of infringements against Regulation of the European Parliament and of

the Council (EC) No 561/2006

(Driving and resting time)

No

LEGAL

TYPE OF INFRINGEMENT

LEVEL OF

BASIS

SERIOUSNESS*

MSI

VSI

A

Crew

Article 5.1

Not respecting minimum ages for drivers

B

Driving periods

Article 6.1

Exceed daily driving time of 9 hours if 9h < … <

the possibility to extend to 10 hours is

10h

not allowed

10h ≤ …

< 11h

11h ≤ …

X

Exceed daily driving time of 9 hours by 13h30 ≤

X

50% or more

…

Exceed extended daily driving time of

10h < …

10 hours if extension allowed

< 11h

11h ≤ …

< 12h

12h ≤ …

X

Exceed daily driving time of 10 hours

15h ≤ …

X

by 50% or more

Article 6.2

Exceed weekly driving time

56h < …

< 60h

60h ≤ …

< 65h

65h ≤ …

X

< 70h

Exceed weekly driving time by 25% or 70h ≤ …

X

more

PASSENGER TRANSPORT SERVICES

Article 6.3

Exceed maximum total driving time

90h < …

X

during two (2) consecutive weeks

< 100h

100h ≤ …

X

< 105h

105h ≤ …

X

< 112h30

Exceed maximum total driving time

112h30 ≤ X

during two (2) consecutive weeks by

…

25% or more

C

Breaks

Article 7

Exceed uninterrupted driving time of

4h30 < …

X

4.5 hours before taking the break

< 5h

5h ≤ …

X

< 6h

6h ≤ …

X

D

Rest Periods

Article 8.2

Insufficient daily rest period of less than 10h ≤ …

X

11 hours if reduced daily rest period not < 11h

allowed

8h30 ≤ …

X

< 10h

… < 8h30

X

Insufficient reduced daily rest period of 8h ≤ …

X

less than 9 hours if reduce allowed

< 9h

7h ≤ …

X

< 8h

… < 7h

X

Insufficient split daily rest period of less 3h + [8h ≤

X

than 3 hours + 9 hours

… < 9h]

3h + [7h ≤

X

… < 8h]

3h + […

X

< 7h]

Article 8.5

Insufficient daily rest period of less than 8h ≤ …

X

9h for a multi-manning vehicle

< 9h

7h ≤ …

X

< 8h

… < 7h

X

PASSENGER TRANSPORT SERVICES

Article 8.6

Insufficient reduced weekly resting

22h ≤ …

X

period of less than 24 hours

< 24h

20h ≤ …

X

< 22h

… < 20h

X

Insufficient weekly resting period of

42h ≤ …

X

less than 45 hours if reduced weekly

< 45h

resting period not allowed

36h ≤ …

X

< 42h

… < 36h

X

Article 8.6

Exceeding 6 consecutive 24-hour

… < 3h

X

periods following the previous weekly

3h ≤ … <

X

rest period

12h

12h ≤ …

X

Article 8.6b

No compensation for two (2)

X

consecutive reduced weekly rest

periods

Article 8.8

Regular weekly rest period or any

X

weekly rest period of more than 45

hours taken in a vehicle

Article 8.8

The employer not covering any costs

X

for accommodation outside the vehicle

E

12-day rule derogation

Article 8.6a

Exceeding 12 consecutive 24-hour

… < 3h

X

periods following a previous regular

3h ≤ … <

X

weekly rest

12h

12h ≤ …

X

Article 8.6a

Weekly rest period taken following

67h

X

(b)(ii)

12 consecutive 24-hour periods

<…<69h

65h < …

X

≤ 67h

… ≤ 65h

X

Article 8.6a

Driving period, between 22:00

3h < … <

X

(d)

and 6:00, of more than 3 hours before

4,5 h

the break, if the vehicle is not multi-

4,5 h ≤ …

X

manned

F

Work organisation

PASSENGER TRANSPORT SERVICES

Article 8.8a

Transport undertaking not organising

X

the work of drivers in such a way that

the drivers are able to return to the

employer’s operational centre, or to

return to the drivers’ place of residence

Article 10.1

Link between wage or payment and

X

distance travelled, speed of delivery

and, or amount of goods carried

Article 10.2

No or improper organisation of driver's

X

work, no or improper instructions given

to driver enabling him to comply with

the law

* In the above table, "MSI" means "Most Serious Infringement";

"VSI" means "Very Serious

Infringement"; "SI" means "Serious Infringement"; and "MI" means "Minor Infringement"

2. Groups of infringements against

Regulation (EU) No 165/2014 (Tachograph)

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF

SERIOUSNESS

MSI

G

Installation of tachograph

Articles 3(1), (4),

Not having type-approved tachograph installed and used X

(4a) and 22

H

Use of tachograph, driver card or record sheet

Article 23(1)

Using a tachograph not inspected by an approved

workshop

Article 27

Driver holding and, or using more than one own driver

card

Driving with a driver card that has been falsified

X

(considered as driving without driver card)

Driving with a driver card of which the driver is not the

X

holder (considered as driving without driver card)

Driving with a driver card which has been obtained on the X

basis of false declarations and, or forged documents

(considered as driving without driver card)

Article 32(1)

Tachograph not correctly functioning (e.g. tachograph

not properly inspected, calibrated and sealed)

Articles 32(1)

Tachograph improperly used (e.g. deliberate, voluntary or

and 33(1)

imposed misuse, lack of instructions on correct use, etc.)

PASSENGER TRANSPORT SERVICES

Article 32(3)

Having in the vehicle and, or using a fraudulent device

X

able to modify the records of the tachograph

Falsifying, concealing, supressing or destroying data

X

recorded on the record sheets or stored and downloaded

from the tachograph and, or the driver card

Article 33(2)

Undertaking not keeping record sheets, printouts and

X

downloaded data

Recorded and stored data not available for at least a year

X

Article 34(1)

Incorrect use of record sheets or driver card

X

Unauthorised withdrawal of record sheets or driver card

X

which has an impact on the record of relevant data

Record sheet or driver card used to cover a period longer

X

than that for which it is intended and data is lost

H15.

Article 34(2)

Use dirty or damaged record sheets or driver card and

X

data not legible

Article 34(3)

Not using manual input when required to do so

X

H17.

Article 34(4)

Not using correct record sheet or driver card not in the

X

correct slot (multi-manning)

Article 34(5)

Incorrect use of switch mechanism

X

I

Producing information

I1.

Article 34(5), point Incorrect use or non-use of the ferry or train sign

X

(b)(v)

Article 34(6)

Required information not entered on the record sheet

X

I3.

Article 34(7)

Records not showing the symbols of the countries whose

X

borders were crossed by the driver during the daily

working period

Article 34(7)

Records not showing the symbols of the countries where

X

the driver’s daily working period started and finished

I5.

Article 36

Refusing to be checked

X

Article 36

Unable to produce manual records and printouts made

X

during the current day and the previous 28 days (until

30 December 2024)

Unable to produce manual records and printouts made

during the current day and the previous 56 days (as of

31 December 2024)

Article 36

Unable to produce a driver card, if the driver holds one

X

J

Malfunctioning

J1.

Article 37(1) and

Tachograph not repaired by an approved fitter or

X

Article 22(1)

workshop

PASSENGER TRANSPORT SERVICES

Article 37(2)

Driver not marking all required information for the

X

periods of time, which are no longer recorded while

tachograph is unserviceable or malfunctioning

* In the above table, "MSI" means "Most Serious Infringement"; "VSI" means "Very Serious Infringement"; and

"SI" means "Serious Infringement"

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 14 Checks on compliance. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Without prejudice to regulation 5(4), the Authority

shall have the power to carry out random checks, whenever it

deems necessary, in order to verify that an operator continues to

fulfil the requirements of regulation 6(1) provided that the

Authority shall carry out such compliance checks at least once

every five years. 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

s p e c i f y, t o a n s w e r q u e s t i o n s a n d p r o v i d e i n f o r m a t i o n a n d

documentation with respect to the road transport operation of the

o p e r a t o r. T h e A u t h o r i t y m a y t a k e a n d k e e p c o p i e s o f a n y

documents furnished or provided under this regulation. A statement

made and documentation provided in pursuance of this regulation

may be used in evidence against the operator as well as against any

person to whom they relate. Such persons shall comply fortwith,

and in no case later than twenty four 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 issue of a licence or

under regulation 5(4); or

(b) where the holder has breached any of the conditions of

the licence and has not remedied such breach in spite

of his having been given written notice of the breach

and a reasonable time in which to do so.

(3) An operator’s licence shall be revoked where the holder no

longer satisfies the conditions laid down in regulation 6(1)

Provided further that where the operator is not considered

to be of good repute and conduct solely because any of the persons

listed in regulation 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 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.

(4)

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 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

thirty 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

a n o p e r a t o r ’s l i c e n ce s h a l l n o t b e c o m e o p e r a t i v e u n t i l t h e

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.

(5) Where any offences against the rules governing road

passenger transport have been committed by an operator who is not

normally resident in Malta, an d such offence might lead to

withdrawal of the operator’s licence, the Authority shall provide

the Member State in which the operator is established with all the

information in its possession concerning those offences and the

penalties imposed.

(6) Where the requirement of financial standing is not fulfilled

at the time of checking, the Authority may, where the operator’s

other economic circumstances give grounds for assuming that the

requirements of financial standing will again be sustainably

fulfilled within the foreseeable future on the basis of a financial

plan, give further notice of not more than three months.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Fourteenth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Added by

L.N. 365 of 2016.

(Regulation 68R)

Localities where transport services by electric trolley vehicles

may be operated

Valletta

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 15 Entry and search of operating centre. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Any enforcement officer of the Authority, upon the

direction of the Authority, may enter the operating centre of the

operator for the purpose of obtaining information or documents

w h i c h i n d i c a t e w h e t h e r t h e o p e r a t o r i s co m p l y i n g w i t h i t s

obligations in terms of these regulations.

(2) No enforcement officer of the Authority may enter an

operating centre after 7 o’clock in the evening and before 7 o’clock

on the next following morning, unless there is reason to believe that

delay could cause the loss of necessary information and the search

is expressly authorized 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 relate.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Fifteenth Schedule — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Added by

L.N. 365 of 2016.

(Regulation 68R)

Maximum fare chargeable by an electric trolley vehicle

€5.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 16 Death or physical or legal incapacity. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

In the event of the death or physical or legal incapacity of

the natural person in whose name the operator’s licence is granted

in terms of regulation 5(3), or of the designated person, the

Authority may permit the carrying on the passenger transport

operation on a temporary basis for a maximum period of nine

months.

PART III

DRIVER’S PERMIT

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 17 Driver’s permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No person shall act as a driver unless in possession of a

valid driver’s permit issued in accordance with these regulations

Provided that drivers who are not normally resident in

Malta may perform cabotage transport operations in Malta in terms

of Part VIII of these regulations without the requirement of a

driver’s permit.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 18 Conditions for obtaining a driver’s permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

An applicant for a driver’s permit shall, before being

granted the authorisation, satisfy the Authority that he -

(a) is duly licensed in accordance with the Motor Vehicles

(Driving Licences) Regulations; and

(b) is in possession of a certificate of professional

competence in terms of the Motor Vehicles (Driving

Licences) Regulations unless exempted from such

requirement in terms of the same Motor Vehicles

(Driving Licences) Regulations; and

(c) is of good repute and conduct

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 19 Good repute and conduct. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Regulation 9(1) and (2) shall apply for the purpose of

determining whether an applicant for a driver permit is of good

repute and conduct.

(2) A driver shall inform the Authority in writing of any

conviction against him for any offence contemplated in regulation

9(1)(a) within twenty-one days from that conviction or, when an

appeal is entered, within twenty days from when such appeal is

decided.

(3) A person who contravenes sub-regulation (2) shall be guilty of

an offence.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 20 Application for a driver’s permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

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 and shall be submitted together with

(a) a certificate issued by the Police detailing any criminal

offences and, or contraventions mentioned in

regulation 19 for which the applicant may have been

sentenced together with the punishment thereof; and

(b) the relevant application fee fixed by the Authority in

terms of Part 2 of the Tenth Schedule.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 21 Processing of application for a driver’s permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) An application for a driver’s permit 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 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

thirty days from its notification.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 22 Validity and evidence of permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority shall, upon granting a driver’s permit in

accordance with these regulations, issue to the successful applicant,

a driver ’s tag evidencing that such person has been granted a

driver’s permit.

(2) A driver’s permit and the driver’s tag shall be valid for a

period of five years from the date on which the driver’s permit is

granted or any other shorter period, specified thereon by the

A u t h o r i t y, u n l e s s r e v o k e d o r s u s p e n d e d , a n d s h a l l n o t b e

transferable

Provided that within three months preceding the date of

expiry of the said driver’s permit and driver’s tag, and thereafter,

the holder thereof shall be obliged to submit an application for

renewal with the Authority in such manner and against such

payment as may be prescribed by the Authority together with

(a) a police conduct certificate; and

(b) a signed declaration by virtue of which he confirms

that he still satisfies the condition of good conduct and

repute and that since the issuance of the last certificate

referred to in regulation 20(a) he has not been found

guilty of any criminal offence in violation of the

provisions of regulation 9 and 19.

(3) Every driver shall, while driving a passenger transport

vehicle, fix the driver’s tag in the appropriate slot provided for the

purpose in the certificate referred to in regulation 34. Every driver

shall while on duty but not driving a passenger transport vehicle,

wear in a conspicuous place on the left side of his chest in a manner

that it may easily be seen, the driver ’s tag. Every driver shall,

produce the driver ’s tag whenever requested to do so by the

authorised inspecting officer.

(4) 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 on the payment of a fee as prescribed in Part 3 of

the Tenth Schedule.

(5) 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 Tenth

Schedule for the fourth and any subsequent replacement of a

driver’s tag made within the tag’s validity period.

(6) 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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 23 Suspension or revocation of permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority may at any time require a driver to

submit evidence that he continues to fulfil the requirements of

regulation 18 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

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;

(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 18

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 month but less than one 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), (d)(i) and (f) as the case may be.

(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 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 thirty 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

a driver’s permit shall not become operative until the expiration of

the period within which an appeal m ay be made u nder 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.

PART IV

THE ROAD PASSENGER TRANSPORT REGISTER

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 24 Road passenger transport register. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority shall set up and maintain a register to be

known as the Road Passenger Transport Register, which shall be

divided into Part I, Part II, Part III and Part IV.

(2) In Part I of the register there shall be registered the name

and address of any person to whom a certificate of competence has

been granted together with other particulars which the Authority

may consider relevant.

(3) In Part II of the register there shall be registered the name

and address of the person to whom an operator’s licence is granted,

together with other particulars which the Authority may consider

relevant.

(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, if applicable, in whose

operations he is engaged.

(5) Part IV of the Register shall be divided into Section 1 and

Section 2. In Section 1 thereof there shall be registered the

passenger transport vehicles licensed to operate, other than those

which are licensed to operate as motor route buses, and the relative

operator’s licence under which they can be operated. In Section 2

thereof there shall be registered the passenger transport vehicles

licensed to operate as motor route buses.

(6) The Authority shall permit the register to be inspected by

any person.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 25 Employment of drivers. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No operator shall employ as a driver any person who is not

registered in Part III of the Road Passenger Transport Register.

PART V

PASSENGER TRANSPORT VEHICLES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 26 Applicability. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

This part shall apply to all passenger transport vehicles,

provided that it shall not apply to motor route buses, and to

cabotage transport operations.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 27 Only licensed passenger transport vehicles to be used as passenger transport vehicles. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Only passenger transport vehicles licensed to carry

passengers for hire or reward by the Authority, and included in the

Road Passenger Transport Register may be used to carry out

passenger transport services, provided that passenger transport

vehicles licensed to carry passengers for hire or reward by the

Authority shall be automatically deemed included in the Road

Passenger Transport Register.

(2) Each passenger transport vehicle licensed to carry

passengers for hire or reward by the Authority and included in the

Road Passenger Transport Register shall be issued with a passenger

transport vehicle licence certifying that the public passenger

transport vehicle is authorised to carry passengers for hire or

reward and is included in the Road Passenger Transport Register.

Such passenger transport vehicle licence shall be issued by the

Authority, subject to the payment of the fee stipulated in Part 4 of

the Tenth Schedule, and shall indicate the operator licence under

which the passenger transport vehicle is registered in the Road

Passenger Transport Register, together with the vehicle registration

number. The passenger transport vehicle licence shall be affixed by

th e o perator on the left han d si de of th e w indscreen of the

passenger transport vehicle in such a position as to be visible from

the front.

(3) A passenger transport vehicle registered in the Road

Passenger Transport Register shall only be used in the road

transport operation of the operator under whose licence it is

registered unless otherwise authorised by the Authority

Provided that the use of such a passenger transport vehicle

for the purpose of taking an urgent action which may be necessary

in order to prevent or mitigate the harm or injury caused by an

emergency situation which poses an immediate risk to the health or

life of a person or persons shall not be considered a breach of this

provision.

(4) A passenger transport vehicle shall only be driven by a

driver who is employed by or has a contract of service with the

operator under whose licence it is registered or by the operator

himself where he is also a driver unless otherwise authorised by the

Authority.

(5) The decision of the Authority with respect to an application

for a passenger transport vehicle licence shall be sent by registered

post to the applicant at the address specified in the application.

(6) 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 operator has a right to make representations in writing,

within ten 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.

(7) When an application is refused by the Authority, the

applicant may appeal to the Tribunal against such decision within

thirty days from its notification.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 28 Specifications of passenger transport vehicles. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) No passenger transport vehicle licence may be issued

with respect to a motor vehicle unless

(a) it is registered and licensed in terms of the

Registration and Licensing of Motor Vehicles

Regulations;

(b) it complies with Directive 2007/46/EC of the

European Parliament and of the Council of 5

September 2007 establishing a framework for the

approval of motor vehicles and their trailers, and of

systems, components and separate technical units

intended for such vehicles;

(c) it complies with the relevant requirements of the EC

Type-Approval of Motor Vehicles and their Trailers

Regulations;

(d) it fulfils all the specifications and constructional

requirements laid down in the Motor Vehicles

(Weights, Dimensions and Equipment) Regulations;

(e) it is a right-hand-drive passenger transport vehicle

with passenger doors on the left hand side;

(f)

it has a fully functioning air conditioning system;

(g) it’s external bodywork colour is not identical or

similar to the colour assigned by the Authority to

motor route buses

Provided further that paragraphs (b) and (c) shall not apply to

Malta heritage buses.

(i)

which were imported into Malta or ordered for

importation into Malta prior to the 19th May,

2009; and

(ii) which are registered for use on the road in Malta

before the 15th November, 2010,

but only if the Authority is notified of the importation of such

passenger transport vehicles into Malta by not later than the 15th

November, 2009 and proof of compliance with paragraph (i) is

submitted to the Authority together with such notification

Provided further that paragraphs (b), (c) and (f) shall not

apply to Malta heritage buses.

(2) A passenger transport vehicle which is not new may be

issued with a passenger transport vehicle license only if it

(a) complies with sub-regulation (1) with the exception of

paragraph (b) and (c) thereof;

(b) has emissions levels that are classified as Euro VI

according to Regulation (EC) No 595/2009 and not more

than ten (10) years shall have passed from the year in

which it would have been manufactured;

(c) is already registered for use on the road for hire or reward

in any other country and has been issued a type-approval

certificate or has been granted national type-approval by

a competent authority of a Member State, or by any body

approved by the Authority, and furthermore no

modification was effected thereto after the issue of the

said certificate or approval;

(d) has passed a vehicle roadworthiness test, within the

previous three months, in accordance with the Motor

Vehicles Roadworthiness Test Regulations

Provided, except in such cases which are specified in

regulation 116(4), that no tail-lift van may be issued with a

passenger transport vehicle licence in terms of these regulations

unless it is a new motor vehicle

Provided further that an open top bus brought into Malta

prior to the 19th May, 2009 and in respect of which an application

had been made prior to that date for the registration thereof with the

Authority may, notwithstanding the provisions of paragraph (b), be

registered not later than the 31st July 2014 on condition that the

applicant (or where the person applying for such registration is not

the same person who had submitted the original application, the

present applicant as well as the original applicant) signs a written

declaration in virtue of which he irrevocably renounces to any right

of action against the Authority and declares that he has no claim or

contention against the Authority or against the Government of

Malta or against any officials thereof relating to the loss of use of

the said open top bus prior to the date of registration and in which

he will further declare that he holds the Authority, the Government

of Malta and its officials harmless and fully indemnified against

any such claims which may be made by third parties

Provided further that, with regard to Malta heritage buses,

paragraphs (b) and (c) of sub-regulation (1) and paragraphs (b) and (c)

of this sub-regulation shall not apply

Provided further that the new motor vehicle that has been

registered in any other country and satisfies the requirements of these

regulations, shall not be considered as a passenger transport vehicle

which is not new in accordance with this sub-regulation.

(3)

Vintage buses may be licensed to be used exclusively on

sightseeing passenger transport routes in terms of Part XI and, or for

special vintage bus services in terms of Part X even though they do

not comply with the requirements of sub-regulation (1)(d) and (f)

and sub-regulation (2)(b).

(4) Passenger transport vehicles included in the declaration

given under regulation 7(1)(d), which were licensed for the

carriage of passengers for hire or reward in Malta before the entry

into force of these regulations shall be automatically issued with a

passenger transport vehicle licence under these regulations without

the need for the submission of an application or the payment of an

application fee or entry fee.

(5) This regulation shall not apply to trackless trains and

electric trolley vehicles.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 28A Condition for the transfer of a passenger transport vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A new motor vehicle that has been registered in another

country as a new motor vehicle prior to its registration in Malta, shall

be considered as a passenger transport vehicle which is not new in

accordance with regulation 28, if the operator or a person authorised

by the operator that is the holder of said registration, transfer the

ownership of the vehicle to third persons prior to the lapse of three (3)

years from the date of the registration of the vehicle in Malta.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 29 Open top buses. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A passenger transport vehicle which is an open top bus

may be issued with a passenger transport vehicle licence only if

(a) it complies with the requirements of regulation 28 with

the exception of sub-regulation (1)(f) of the said

regulation 28;

(b) it has clear caution notices written at least in English,

Maltese, German, Spanish, Italian and French,

regarding the compulsory wearing of seatbelts and lap

belts and prohibition of passengers standing when the

open top bus is in operation, particularly on upper

deck, in a place which is clearly visible to passengers;

(c) it has front protection or a windshield that provides

frontal passenger protection, and which must be not

less than 125cm in height on the open deck;

(d) it has lateral passenger protection which must not be

less than 100cm in height on the open deck;

(e) in the case of double deck buses, it has a CCTV or

mirror system that driver’s can use to view the upper

deck;

(f)

in the case of double deck buses, it has an audible

warning system for the purpose of communicating

information to the persons on the upper deck;

(g) all its seats are equipped with inertia reel three-point

seat belts or retractable lap belts;

(h) it has a label affixed in the entrance area near driver’s

side indicating the maximum seating capacity on each

deck.

PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 29A Trackless trains. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) No trackless train shall be issued with a passenger

transport vehicle licence unless -

(a) it is registered and licensed in terms of the Motor

Vehicles Registration and Licensing Act and any

regulations made thereunder;

(b) it has been issued with a certificate by a competent

authority of a Member State, or by a body approved by

the Authority, authorising such vehicle to be used on

the road as a trackless train, and no modification was

effected to the trackless train after the issue of the said

certificate;

(c) it complies, as a minimum, with the emission limits

which in terms of Directive 2005/55/EC of the

European Parliament and of the Council of 28

September 2005 on the approximation of the laws of

the Member States relating to the measures to be taken

against the emission of gaseous and particulate

pollutants from compression-ignition engines for use

in vehicles, and the emission of gaseous pollutants

from positive-ignition engines fuelled with natural gas

or liquefied petroleum gas for use in vehicles, became

applicable as from the year 2005;

(d) it fulfils all the relevant specifications and

constructional requirements laid down in the Motor

Vehicles (Weights, Dimensions and Equipment)

Regulations;

(e) it has been issued with a certificate by a certified

mechanical engineer, certifying that the trackless train

has passed a vehicle roadworthiness test which

includes tests on safety of brakes, lights, steering

mechanism, the condition of the tyres and exhaust

emissions, and is suitable to be driven on the road and

safe to carry passengers, which certificate must not

have been issued earlier than three months before the

submission of an application for a passenger transport

vehicle licence in terms of these regulations;

(f)

it has a speed limiting device which does not permit

the trackless train to be driven at a speed which

exceeds 25 km per hour;

(g) it can be accessed, for boarding and alighting, by

passengers from the left hand side;

(h) it is designed to allow and facilitate access to persons

with disability and, or restricted mobility.

(2) When submitting an application for a passenger transport

vehicle licence with respect to a trackless train, the operator shall,

in addition to the other requirements under these regulations,

submit to the Authority the following information

(a) the maximum number of carriages with which the

trackless train shall be operated and the maximum

passenger capacity of each carriage;

(b) the maximum dimensions of the trackless train if it is

operated with the maximum number of carriages with

which it is to be registered;

(c) the width of the body of the prime mover and of the

carriages;

(d) the articulating angle, in degrees, or the turning circle,

in metres, for the trackless train when it has the

maximum number of carriages with which it is to be

licensed;

(e) the trackless train route on which the operator intends

to operate the trackless train, if any.

(3) Trackless trains which were licensed for the carriage of

passengers for hire or reward in Malta before the entry into force of

these regulations shall be automatically issued with a passenger

transport vehicle licence under these regulations without the need

f o r t h e s u b m i s s i o n o f a n ap p l i c a t i o n o r t h e p a y m e n t o f a n

application fee.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 30 Granting of passenger transport vehicle licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The Authority shall not issue a passenger transport vehicle

licence unless the application for that licence is accompanied by a

declaration made by the applicant stating that the particular vehicle

complies with the requirements stipulated in these regulations.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 31 Passenger transport vehicle licence renewal. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) A passenger transport vehicle licence shall be valid for

up to five years and 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 days thereof and the authority shall

thereupon amend the register accordingly.

(2) A passenger transport vehicle licence shall not be renewed

beyond thirty-five years from the date of manufacture of the

vehicle, provided that this sub-regulation shall not apply in the case

of vintage buses and Malta heritage buses the licence of which shall

be renewed as long as the particular vintage bus or Malta Heritage

bus is considered by the Authority to be road worthy and safe to

carry passengers

Provided that, notwithstanding the provisions of this sub-

regulation, the licence of such passenger transport vehicles which

reach the age of thirty-five years (to be reckoned from the year of

manufacture) on or after the 1st January, 2015 (unless such licence

has already been withdrawn) shall be extended up to the 31st

October, 2015.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 32 Sticker indicating information about passenger transport vehicles. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Passenger transport vehicles included in the Road

Passenger Transport Register shall have affixed to the back left

side-door window a self adhesive sticker of transparent material

issued by the Authority, which indicates the following information

(a) vehicle registration number;

(b) registered owner;

(c) operator’s licence number;

(d) passenger capacity;

(e) an official contact telephone number to be used in

cases of emergency

Provided that in the case of trackless trains the self-

adhesive sticker shall, instead of being affixed to the back left side-

door window be affixed in a place where it is clearly visible.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 33 Registration mark and plate. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Passenger transport vehicles included in the Road

Passenger Transport Register shall be allotted by the Authority an

alphanumeric registration mark in the form prescribed by the

Registration and Licensing of Motor Vehicles Regulations, which

identifies it as such.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 34 Identification of driver within the passenger transport vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Every driver shall while on duty, affix to the back of the

driver’s seat or such place as may be determined by the Authority,

the identification certificate issued by the Authority to enable the

hirer to identify the driver and operator and provide him with such

other information as the Authority may prescribe.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 35 Advertisements. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) A passenger transport vehicle included in the Road

Passenger Transport Register can bear advertisements 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 passenger transport vehicle unless and

until the matter is regularised.

(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, at its complete discretion, order the

removal of any advertisement.

(5) No advertisements may be displayed on Malta heritage

buses.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 36 Safety of passenger transport vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Every passenger transport vehicle included in the Road

Passenger Transport Register shall be fit and safe in every respect

for the conveyance of passengers.

(2) The operator of a trackless train licensed to operate as

passenger transport vehicle under these regulations shall, every

twelve months, subject such a vehicle to a vehicle road worthiness

test to be carried out by a certified mechanical engineer and

certifying that the trackless train has passed a vehicle

roadworthiness test which includes tests on safety of breaks, lights,

steering mechanism, the condition of the tyres and exhaust

emissions, and that it is suitable to be driven on the road and safe to

c a r ry pas s e n ger s . T h e c e r ti f ic a t e s ha l l b e sub m i tt e d t o t he

Authority at least ten days prior to the renewal of the vehicle’s

circulation licence. The certificate should not have been issued

earlier than three months prior to its submission to the Authority.

(3) The provisions of sub-regulation (2) shall also apply to

electric trolley vehicles.

(4)

If a passenger transport vehicle which is included in the

Road Passenger Transport Register is found by the Authority to be

in a state which is not fit and safe for the conveyance of passengers,

or if in the case of a trackless train a certificate of roadworthiness

is not submitted to the Authority in terms of sub-regulation (2), its

passenger transport vehicle licence shall be suspended until such

state is remedied to the satisfaction of the Authority.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 37 Alteration of vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) A passenger transport vehicle which has been granted

a passenger transport vehicle licence shall not be altered in any

form, without prior approval given in writing by the Authority.

(2) A passenger transport vehicle which has been granted a

passenger transport vehicle licence in terms of these regulations,

with the exception of trackless trains and electric trolley vehicles,

shall continuously comply with the relevant provisions of

regulations 28 and 29

Provided that trackless trains shall be required to

continuously comply with the applicable provisions of regulation

29A

Provided further that electric trolley vehicles shall be

required to continuously comply with the applicable provisions of

regulation 68R.

(3) A passenger transport vehicle may be removed from the

Road Passenger Transport Register, and its passenger transport

vehicle licence withdrawn if sub-regulation (1) or (2) is breached in

relation to the said vehicle.

(4) Such removal from the Road Passenger Transport Register

and withdrawal of the passenger transport vehicle licence shall be

effected by the Authority of its own motion or by order of a court

of criminal jurisdiction

Provided that where the Authority withdraws the 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

days from service thereof, make representations in writing to the

Authority giving reasons why the licence should not be withdrawn

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 passenger

transport vehicle licence within thirty days from notification of the

Authority’s decision

Provided further that, a decision of the Authority to

withdraw a passenger transport vehicle 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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 38 Inspections. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The Authority shall have the right to conduct roadside

inspections on passenger transport vehicles included in the Road

Passenger Transport Register and, or to call such vehicles for such

inspections, in which case the operator shall comply without delay

with such requests.

PART VI

MOTOR ROUTE BUSES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 38A Only motor route buses may be used to carry out public passenger transport services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Only passenger transport vehicles licensed as motor

route buses may be used to carry out public passenger transport

services.

(2) A motor route bus licence shall only be issued in the name

of an operator.

(3) The motor route bus licence shall be issued by the

Authority subject to the payment of a fee stipulated in Part 5 of the

Tenth Schedule and such licence shall show the vehicle registration

mark and the bus operator ’s licence number under which such

licence is issued.

(4) A licensed motor route bus shall only be used to perform

public passenger transport services, unless otherwise authorized in

writing by the Authority.

(5) The decision of the Authority in respect of an application

for a motor route bus licence shall be sent by registered post to the

operator at the address specified in the application.

(6) Where the Authority intends to refuse an application, it

shall give the operator notice in writing setting out the reasons for

its intention to do so. Every notice of refusal shall state that the

operator has a right to make representations in writing, within ten

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 operator.

(7) Where an application is refused by the Authority, the

operator may appeal to the Tribunal against such decision within a

period of thirty days from its notification.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 38B Motor route bus licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority shall not issue a motor route bus

licence unless the application for the said licence is accompanied

by a declaration by the bus operator stating that the particular

vehicle complies w ith the requi re m e nt s sti pu lat e d i n thes e

regulations and any other requirements agreed between the bus

operator and the Authority.

(2) A motor route bus licence shall only remain valid for a

period not exceeding fifteen years from the date of manufacture of

that motor route bus and upon the expiry of the licence, that bus

cannot be used again as a motor route bus.

(3)

The motor route bus licence shall not be transferable.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 38C Registration mark. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A motor route bus shall be allotted by the Authority an

alphanumeric registration mark in the form prescribed by the

Registration and Licensing of Motor Vehicles Regulations, which

identifies it as such.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 38D Safety of passengers. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Every motor route bus shall be fit and safe in every

respect for the conveyance of passengers.

(2) Where a motor route bus is not found to be fit or safe for

the conveyance of passengers, its licence shall be suspended until

its state is remedied to the satisfaction of the Authority.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 38E Alterations to motor route bus. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) No person shall make, or allow or cause a motor route

bus to have any structural or mechanical alterations in any form,

without prior approval in writing from the Authority.

(2) A motor route bus licence may be revoked if the motor

route bus no longer complies with the provisions of this Part of

these regulations or if it no longer complies with any other

requirements agreed between the bus operator and the Authority.

(3) Such revocation shall be effected by the Authority on its

own motion or by order of a court of criminal jurisdiction

Provided that where the Authority revokes the licence on its

own motion, it shall give the operator notice in writing setting out

the reasons for its intention to do so. Every notice given shall state

that the operator may, within ten days from service thereof, make

representations in writing to the Authority giving reasons why the

licence should not be withdrawn 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.

The operator shall have the right to appeal to the Tribunal against

the decision of the Authority to suspend or revoke the motor route

bus licence within a period of thirty days from notification of the

Authority’s decision

Provided further that a decision of the Authority to revoke a

motor route bus 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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 38F Road inspections. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The Authority may conduct roadside inspections on motor

route buses and, or may call such vehicles for such inspections, in

which case the operator shall comply without delay with such

requests.

PART VII

PASSENGER TRANSPORT SERVICES IN MALTA

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 39 Exclusion for public passenger transport services and motor route buses. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

This part shall apply to all passenger transport services

carried out in Malta, provided that it shall not apply to public

passenger transport services and motor route buses.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 40 Hire of passenger transport vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) No person may hire a passenger transport vehicle

except from an operator.

(2) The hirer shall not refuse or omit to pay any sum which is

payable for the performance of the passenger transport service

acquired by him, provided that the operator has fulfilled his

obligations under the hire.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 41 Accessibility for visually and hearing impaired. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Drivers and operators shall not prohibit passengers to

board on a p assenger t ransport ve hicle accompanied by an

assistance dog which shall include guide dogs, and hearing dogs.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 42 Standing and plying for hire prohibited. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1)

No passenger transport vehicle shall stand or ply for

hire

Provided that trackless trains and electric trolley vehicles

shall be allowed to stand for hire at a departure point approved by

the Authority.

(2) Passenger transport services, other than services on

sightseeing passenger transport routes, electric trolley vehicle

services and trackless train services, may only be sold from

authorised booths, from authorised commercial premises, from the

operator’s offices or operating centre, online, by telephone or by

mail.

(3)

No person shall -

(a) sell, or

(b) cause or permit another person to sell

passenger transport services, other than services on sightseeing

passenger transport routes, electric trolley vehicle services and

trackless train services, in breach of the provision of sub-regulation

(2).

(4) No person shall solicit, whether directly or indirectly, any

other person in any location for any passenger transport service.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 43 Use of air- condition. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

When the passenger transport vehicle is on hire, the air

conditioner shall be set at ambient temperature, unless otherwise

specifically agreed with the hirer

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 44 Storage of objects. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Objects which may cause inconvenience and/or may

pose a potential danger to passengers, shall only be carried on

passenger transport vehicles in special compartments which are

specifically designed for the purpose of storing bulky objects.

(2) The driver shall ensure that the luggage compartment of the

passenger transport vehicle he is driving is not overloaded and that

such compartment is kept completely closed and securely locked

while the passenger transport vehicle is being driven.

(3) The driver shall ensure that no object is placed in such area

of the passenger transport vehicle as to block the emergency exit of

said vehicle or otherwise impede the use of such emergency exit.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 45 Lost property. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The driver shall, immediately after the termination of any

hiring, search the passenger transport vehicle and, if any property

which may have been left therein is found, give information thereof

to the Police in no case later than within twenty-four hours from

finding such property.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 46 Driver apparel. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 47 Prohibition of overloading. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No driver shall carry in the passenger transport vehicle a

greater number of persons than that fixed in the vehicle registration

certificate.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 48 Control of passenger transport vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A driver shall at all times conduct the passenger transport

vehicle under the power of its own motor and shall in no

circumstances resort to free-wheeling along any stretch of road

either in the forward or in the reverse direction, beyond a distance

of six metres.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 49 Prudent driving. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A driver shall drive the passenger transport vehicle in a

prudent manner so as not to create anxiety in passengers or make

the passengers feel, in any way, unsafe.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 50 Use of priority vehicle lane. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A passenger transport vehicle may use the inner lane of a

carriageway indicated as a priority vehicle lane when on duty.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 51 Use of apparatus while driving a passenger transport vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No driver shall drive any passenger transport vehicle

whilst wearing or using on both ears earphones or headphones or

any other device which may hinder or is likely to hinder that person

f r o m h e a r i n g p r o p e r l y, w i t h t h e e x c e p t i o n o f t w o - w a y

communication systems and hands-free devices.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 52 Speaking while driving. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) A driver shall not hold lengthy discussions while

driving a passenger transport vehicle.

(2) No person shall in any way interfere with, obstruct or in

any other way molest the driver in the exercise of his duties nor

speak to the driver while the passenger transport vehicle is in

motion.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 53 No disturbances while driving. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A driver shall not play any audio device while carrying

passengers on a passenger transport vehicle, unless this has been

agreed to with the hirer or transport organizer

Provided that drivers of vehicles providing a passenger

transport service on sightseeing passenger transport routes, electric

trolley vehicle services and trackless trains may play an audio

commentary about the sites being visited by such vehicles.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 54 Respect for passengers. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A driver shall in no way be disrespectful towards

passengers.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 55 Standing or sitting on the step is prohibited. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No person shall be allowed to stand or sit on the step of the

passenger transport vehicle while in motion.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 56 Clean passenger transport vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Every operator and driver shall keep the passenger

transport vehicle constantly clean and maintained in good order and

in a good state of repair.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 57 Inflammable liquids and loaded firearms. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) No operator shall permit petrol or other inflammable

liquid or material to be carried in a passenger transport vehicle

except in the fuel tank of the passenger transport vehicle.

(2) No operator shall permit any loaded fire-arms to be carried

on the passenger transport vehicle.

(3) No driver shall permit petrol or other inflammable liquid or

material to be carried in a passenger transport vehicle except in the

fuel tank of the passenger transport vehicle.

(4) No driver shall permit any loaded fire-arms to be carried on

the passenger transport vehicle.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 58 Articles having an offensive smell. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No person shall or shall be allowed to carry in any

passenger transport vehicle any article having an offensive smell.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 59 Replenishing fuel while passengers are on board is prohibited. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

It is forbidden to replenish the fuel supply of any passenger

transport vehicle when passengers are on board.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 60 Smoking. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) No passenger and, or driver may smoke while he is in

a passenger transport vehicle.

(2) Every 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 passenger transport vehicle.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 61 Other equipment. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Every passenger transport vehicle shall contain

(a) suitable appliances as prescribed by the Authority for

extinguishing fires;

(b) security/warning triangle;

(c) security hammer;

(d) first aid kit

Provided that the above shall be cleaned and serviced

regularly and shall be readily available for use, clearly marked, and

in good and efficient working order

Provided further that paragraph (c) shall not apply to

trackless trains.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 62 Garaging. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

An operator shall ensure that any passenger transport

vehicle used in his operations in terms of his operator’s licence

shall at all times while not in use, be

(a) garaged; or

(b) parked off-street

Provided that the Authority may, when granting a

temporary permit to an operator for the provision of a special

trackless train service in terms of regulation 68A(6), exempt the

trackless train with respect of which such temporary permit is

granted from the provisions of this regulation for the period in

which that special service shall be provided, and may, when doing

so, impose any conditions as to the garaging and parking of the

trackless train as the Authority may consider appropriate.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 63 Log. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The operator shall keep a log of the following information

(a) the date and the time of departure and arrival of each

passenger transport vehicle hired from the operating

centre;

(b) the name, driver’s permit number of the driver where

the passenger transport vehicle is hired out with a

driver;

(c) the name of the person who will be driving the vehicle

where the passenger transport vehicle is hired out

without a driver;

(d) the name of the hirer and/or transport organizer.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 64 School children. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Without prejudice to the Motor Vehicles (Wearing of Seat

Belts) Regulations, no passenger transport vehicle that is not fitted

with seat belts on all seats shall be used for the carriage of school

children to or from a school or to or from any other institution or

location where extracurricular or sports activities are held.

(2) Every passenger transport vehicle shall, while carrying

schoolchildren have affixed on the front and on the rear of the

vehicle the sign indicated in the Eleventh Schedule.

(3) A driver of a passenger transport vehicle carrying

schoolchildren shall ensure that schoolchildren exit the vehicle

from an exit which is not exposed to traffic.

(4) A driver of a passenger transport vehicle transporting

schoolchildren shall operate the vehicle’s hazard warning lights

during all boarding and alighting of schoolchildren.

(5)

No Malta heritage bus may be used to carry school children.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 65 Prohibition of carrying standing passengers. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No driver shall allow any standing passengers on the

passenger transport vehicle while the vehicle is in motion.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 66 Boarding and alighting. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

A driver shall not allow passengers to board or alight from

the passenger transport vehicle unless that vehicle is at a complete

standstill.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 67 Maximum speed limit while carrying passengers. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No driver shall, while a passenger transport vehicle is

carrying passengers, exceed the speed limit of 40 km per hour when

driving in a town or village and 60 km per hour when driving

outside a town or village

Provided that trackless trains and electric trolley vehicles

shall at no time exceed the speed limit of 25 km per hour.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68 Closed doors whilst in motion. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Drivers shall ensure that all doors are securely closed

whilst the passenger transport vehicle is in motion.

PART VIII

PUBLIC PASSENGER TRANSPORT SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68A Establishment of routes. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The Authority may from time to time, for the better

organisation of public passenger transport services, do all or any of

the following

(a) establish public passenger transport routes for the

conveyance of passengers from one part of Malta to

another;

(b) group together two or more public passenger transport

routes or all the public passenger transport routes;

(c) determine which type of motor route buses shall

operate on any such public passenger transport routes;

(d) vary, cancel or revoke any such public passenger

transport routes or any grouping of public passenger

transport routes or any allotment of service thereon,

and may, when so doing, impose any conditions on the bus operator

as it may direct.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68B Provision of public passenger transport services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Only an operator who has been awarded a contract for

the operation of public passenger transport services by the

Authority in terms of the Act and in terms of Regulation (EC)

1370/2007 of the European Parliament and of the Council of 23

October 2007 on Public Passenger Transport Services by Rail and

by Road may, during the period in which such contract is in force,

provide public passenger transport services

Provided that the Authority may, in the case of a disruption

of public passenger transport services or the immediate risk of such

a situation or in the case where the President of Malta issues a

proclamation in terms of the Emergency Powers Act authorize third

parties to provide public passenger transport services

Provided further that the provision of regular passenger

services on sightseeing passenger transport routes shall not be

considered as public passenger transport services for the purpose of

these regulations.

(2) In the event of a stoppage or of a suspension for any cause

whatsoever of any service on any established public passenger

transport route or in any other part of Malta usually served with

motor route buses which may affect, or be likely to affect the

reasonable requirements of the inhabitants of Malta for transport,

the Authority may seize and take possession of and use, any vehicle

and for such purpose may authorize any Police officer to enter any

garage, stable or other premises.

(3) The owner of any such vehicle shall receive such

compensation in respect of the use thereof as the Authority may,

previously or subsequently, fix.

(4) An appeal shall lie to the Court of Appeal (Inferior

Jurisdiction) from any decision taken by the Authority under sub-

regulations (1) and (2). Such appeal shall be entered by an

application within four days from the date on which the decision is

given. The application shall be served to the Authority which shall

file an answer thereto within four days. The pleadings on any such

appeal shall be deemed to be closed with the reply of the Authority,

or at the expiration of the time for such reply. The fees payable for

the filing of judicial acts shall be thirty-four euro and ninety-four

cents (€34.94).

(5) Any person who shall obstruct or hinder any Police officer

from taking possession of any vehicle, or shall in any way interfere

with or incite others to interfere with the use of any vehicle

requisitioned under the provisions of this regulation, shall be guilty

of an offence.

(6)

If any person shall, by reason of any requisition in terms of

this regulation, be prevented from fulfilling any contract, such

person shall not be deemed to have thereby committed a breach of

contract, but such contract shall be suspended by such requisition

so far as its fulfillment is thereby rendered impossible.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68C Motor route buses may only be used to provide public passenger transport services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

No motor route bus shall be used to provide any service

other than public passenger transport services.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68D Applicability of regulations to motor route buses. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Regulations 48 to 54, 57, 59, 60, 61, 66, 67 and 68 shall

apply to motor route buses as if the reference to a passenger

transport vehicle were a reference to a motor route bus and the

reference to passenger transport services were a reference to public

passenger transport services.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68E Duties of drivers of motor route buses. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The driver of a motor route bus shall, while on duty,

wear a uniform of the pattern and colour as approved by the

Authority. The driver ’s uniform shall be worn in a smart and

professional manner and must be kept neat, clean, pressed and in

good condition at all times.

(2) A driver shall not drive or cause the motor route bus to

move before all passengers are safely seated or, in the case of

standing passengers, are securely holding on to a stanchion, where

applicable, or in the case of passengers who are in the process of

alighting or disembarking the motor route bus, before such

passengers have so alighted or disembarked the motor route bus.

(3) A driver shall not in any way be disrespectful to

passengers.

(4) The driver shall be held responsible for ensuring that the

maxim um p assen ger capaci ty of the mo tor r oute bus is not

exceeded

Provided that authorized inspecting officers and motor

route bus inspectors may, while on duty and wearing their uniform,

travel in excess of the number of passengers allotted to a motor

route bus for the purpose of carrying out their duties.

(5) When a motor route bus is at the terminus or at any stage

loading or discharging passengers, the driver shall be in his place

behind the steering wheel. A driver shall not descend from the

motor route bus while the motor route bus is on service unless an

emergency or breakdown of the motor route bus warrants a

departure from this obligation or unless the driver is required to

operate a ramp for wheelchair users.

(6) Any driver of a motor route bus who refuses to give his

name and address to any authorized inspecting officer, or who gives

a wrong name or address, or who refuses to allow any authorized

inspecting officer to enter any motor route bus shall be guilty of an

offence.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68F Stopping places for motor route buses. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Motor route buses, running on a public passenger

transport route, may stop only at the authorised stopping place

indicated by a BUS STOP sign, and then only for the purpose of

setting down or picking up passengers

Provided that members of the Armed Forces of Malta,

police officers or community officers and any officer of the

Authority may, in the execution of their duty, stop and board any

motor route bus at any point between one bus stop and another.

(2) The driver of a motor route bus shall stop at any bus stop

sign, whenever a waiting passenger signals his intention of

boarding the motor route bus, unless the maximum passenger

capacity of the motor route bus has been reached.

(3) It shall likewise be the duty of the driver of a motor route

bus to stop his vehicle at the first authorised stopping place

immediately a passenger in the vehicle has signalled to him to do so

by sounding the bell or other device provided in the motor route

bus for such purpose.

(4) Every driver of a motor route bus shall, before stopping at

an authorised stopping place, drive such motor route bus parallel

and close to the kerb, in such a manner that any passenger may

alight from such motor route bus directly onto the kerb, or board

such motor route bus directly from the kerb.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68G Payment of fare. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1)

No passenger shall travel on a motor

route bus

(a)

without having paid the applicable fare

prior to boarding the motor route bus or without paying

the applicable fare upon boarding the motor route bus;

(b)

if they are not in possession of a valid

personalised public transport card issued in their name,

or a valid non-personalised public transport card, or a

valid public transport ticket;

(c)

if they do not have sufficient credit, or a

sufficient cash balance, or sufficient journeys available

in their public transport card to use the public passenger

transport services;

(d)

if they have not validated the

personalised public transport card, the non-personalised

public transport card, or the public transport ticket upon

boarding the motor route bus.

(2)

Any passenger on a motor route bus who is

found in breach of sub-regulation (1) shall, on the demand of

the driver or the motor route bus inspector or an authorised

officer of the Authority, pay the fare together with a penalty of

fifty euro (€50). The driver or the motor route bus inspector

shall, upon receiving payment from the passenger, provide a

receipt to the passenger. The authorised officer of the

Authority shall have the power to take all such necessary

measures in order to demand and obtain the payment of the

fare and, or penalty fare from any passenger who is in breach

of sub-regulation (1). Any passenger who is in breach of sub-

regulation (1) and fails to pay the fare and, or the penalty fare

shall be guilty of an offence. The authorised officer of the

Authority shall have the power to demand and obtain from any

passenger who is in breach of sub-regulation (1) and who

refuses to pay the appropriate fare and, or the penalty fare,

information relating to the identity of such person for the

purposes of taking legal action against that passenger in terms

of these regulations. Any passenger who refuses to give such

information to an authorised officer of the Authority shall be

guilty of an offence.

(3) The fares payable by passengers for a public passenger

transport service on a motor route bus which is scheduled to depart

from the point of origin of the route and which is operated according to

the scheduled time of operation for the respective public passenger

transport route, shall in no case be higher than the maximum fares

established under the Twelfth Schedule..

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68H Charter of Rights. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

There shall be published by the Authority a charter of

rights for users of public passenger transport services.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68I Behaviour of motor route bus passenger. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) When a motor route bus is carrying passengers or is

waiting to take up passengers, a passenger or an i ntending

passenger shall not, if his condition is such as to be offensive to

other passengers, or the condition of his dress or clothing is such

that it may reasonably be expected to soil or injure the cushion or

cushion covers of the motor route bus or the clothing of other

passengers, enter or remain in or on the motor route bus after the

driver or the motor route bus inspector shall have warned him

either to leave or not to enter the motor route bus. Any person

infringing this regulation or causing annoyance or disturbance may

be immediately removed from the motor route bus by the Police,

independently of any punishment to which the offender may be

liable according to law. This provision shall not be used in order to

treat a passenger in a discriminatory manner. For the purpose of

this regulation, "discriminatory" means affording different

treatment to different persons attributable wholly or mainly to their

respective descriptions by race, place of origin, political opinions,

colour, creed, gender or sexual orientation.

(2) No person shall litter the interior of any motor route bus

with any object, or leave motor route bus tickets on the floor or in

any part of the motor route bus except in the place indicated for the

purpose.

(3) No passenger shall use the bell or other device intended for

signalling to the driver to stop except when he wishes to be set

down at a bus stop.

(4)

No person shall in any way interfere with, obstruct or in

any other way molest the driver or other authorized officer of the

bus operator in the exercise of their duties nor speak to the driver

while the motor route bus is in motion.

(5) Passengers shall give priority to persons with disability,

pregnant women, persons carrying infants and the elderly when

seated on seats allocated for the priority use of such passengers.

(6) Any passenger who shall refuse to give his name and

address to any officer of the Authority or motor route bus inspector

or driver, or who shall give a wrong name or address, and any

passenger who shall refuse to show any ticket to any officer of the

Authority or motor route bus inspector or driver when requested to

do so in terms of these regulations, shall be guilty of an offence.

(7) The bus operator shall, on becoming aware that a passenger

has committed a breach of these regulations, report the offence to

the Police.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68J Animals. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Animals, apart from guide dogs, shall not board or be

allowed on motor route buses unless they are placed in suitable

containers or carriers and held on the accompanying passenger’s

lap.

(2) No animal which poses a threat to health or safety to

passengers shall be allowed to board or be carried in motor route

buses.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68K Surveillance camera. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Surveillance cameras installed in motor route buses

shall be kept switched on at all times by the driver while a motor

route bus is on service. The images captured by the surveillance

camera shall be recorded and shall be kept by the bus operator for a

three-month period or for such longer periods as the Police may

direct.

(2) The images shall be made accessible to the Police in the

event that they receive a report or otherwise become aware that a

criminal offence has been committed or may have been committed

in a particular motor route bus. The Police shall have the right to

use any recording as evidence in any case brought before the courts

of criminal jurisdiction.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68L Internal lighting. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Drivers shall ensure that while the motor route bus is on

service the internal lighting of motor route bus is switched on

between sunset and sunrise and at any other times as necessary.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68M Bus stops. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Where the traffic markings numbered (i)(a), (b), (c)

and (d) under paragraph (C) of Part IV of the Schedule to the

Traffic Signs and Carriageway Markings Regulations are painted

on the road surface, motor route buses shall keep within the area

defined by the lines of those markings and the kerb whenever

approaching such bus stop for the purpose of setting down or

picking up passengers or when stationary thereat in order to

m ain tain the published time table for t he P ublic Passenger

Transport Service.

(2) When two or more motor route buses reach a bus stop

simultaneously or when a motor route bus reaches such a stop when

one or more motor route buses are already thereat, the bus or buses

following the first bus shall stop at the immediate rear of the bus in

front of it and in such a way as to be in line with it and shall not

move away from that bus stop before the bus immediately in front

of it has done so.

(3) Where a passenger transport vehicle which is authorized to

provide regular passenger services on sightseeing passenger

transport routes is authorized to stop at a particular bus stop, this

regulation shall apply to such passenger transport vehicle stopping

at such bus stop in the same way as it applies to a motor route bus.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68N Powers of authorised inspecting officers. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

An authorised inspecting officer in whose opinion any

offence has been committed against these regulations may hand

over to the driver of, or affix to the windscreen of the motor route

bus used in the commission of the offence or, where the offence has

been committed by an officer or employee of the bus operator, may

hand over to such officer or employee, a notice containing a

general description of the offence and the applicable penalty and

any other requirements as the Authority may prescribe.

PART IX

TRACKLESS TRAIN ROUTES AND SPECIAL TRACKLESS

TRAIN SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68O Trackless train routes. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Trackless train routes may only be established by the

Authority which may impose any conditions for the operation of

trackless trains on such routes.

(2) The Authority may authorise operators to provide regular

passenger services on trackless train routes by means of trackless

trains, subject to the following conditions

(a) operators shall make available to the public all

information pertaining to fares, schedules, routes, pick

up and drop off points. Such information shall also be

available on each passenger transport vehicle

operating on such route;

(b) operators and drivers shall comply with all the

information made publicly available in terms of

paragraph (a);

(c) drivers shall not, while carrying out regular passenger

services, pick up and, or drop off passengers on any

location other than the pick up and drop off points

approved by the Authority along the trackless train

route;

(d) operators shall pay the fee established by the

Authority for the specific trackless train route; and

(e) operators and drivers shall comply at all times with

any other conditions made by the Authority.

(3) The Authority may restrict the number of trackless trains

authorised to operate regular passenger services on any trackless

train route as may be necessary for the regulation, management,

safety and control of road traffic.

(4) Where the Authority decides that the number of trackless

trains operating on any trackless train route shall be restricted, it

shall only allow trackless trains to operate on such route following

a public competitive process leading to the award of a

concessionary agreement to operate such route with a trackless

train to one or more operators.

(5) The Authority shall withdraw the authorisation of a

trackless train operating on a trackless train route for which

authorisations have been restricted if the operator of that trackless

train fails to operate the service, without the authorisation of the

Authority, for a period of seven consecutive days.

(6) The Authority may grant operators of trackless trains a

temporary licence to operate a special trackess train service at the

request of a Local Council subject to the following conditions

(a) the route shall be established by the Authority in

consultation with the said Local Council and after

taking into consideration the effect on the regulation,

management, safety and control of road traffic;

(b) no special trackless train services may be provided for

a period longer than five days within any thirty

consecutive days

Provided that the Authority may, under exceptional

circumstances, approve more frequent special

trackless train services;

(c) the provisions of sub-regulation (2)(a), (b) and (c)

shall apply to operators and drivers operating special

trackless train services;

(d) operators shall pay the annual fee established in Part

Four of the Tenth Schedule, provided the Authority

may, at its absolute discretion, waive the fee where it

is satisfied that the income from the special trackless

train services will be for the benefit of any institution,

trust, bequest or foundation, of a public character, and

of any other similar organisation or body of persons,

also of a public character, which is engaged in

philanthropic work and either qualifies for exemption

granted under rules made for this purpose by the

Minister responsible for finance under article 96 of the

Income Tax Act or is named by the said Minister as

being engaged in philanthropic work for the purposes

of article 12 of the Income Tax Act and there is not in

respect of it a declaration by the said Minister that it

has ceased to be so named; and

(e) any other conditions which the Authority may impose.

(7) No vehicle other than a trackless train licensed in terms of

these regulations shall provide or be authorised to provide special

trackless train services.

(8) Trackless trains may only be licensed by the Authority to be

operated exclusively on trackless train routes established by the

Authority in terms of this regulation or to operate special trackless

train services as authorised in terms of this regulation.

(9) Trackless train services shall not be sold on the road other

than within five metres of pick-up points mentioned in sub-

regulation (2)(c), provided such pick-up points are not within five

metres from a bus stop or a taxi stand

Provided that a person selling such services from pick up

points or on board a trackless train, shall wear, at all times and in a

conspicuous place, an identification tag issued to him by the

operator of those services which shall contain a photograph of the

person in respect of whom it is issued, his name and his Identity

Card number and the name of the operator

Provided further that where a pick-up point sign is located

adjacent to a pavement, such services may be sold only on the

pavement within the established distance from the pick-up point

sign.

(10) No person shall -

(a) sell, or

(b) cause or permit another person to sell

trackless train services in br each of the pr ovisions of sub-

regulation (9).

(11) No person shall solicit, whether directly or indirectly, any

other person in any location for any trackless train service.

PART X

PASSENGER TRANSPORT SERVICES BY MEANS

OF VINTAGE BUSES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68P Temporary licence granted to operators of vintage buses. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority may grant operators of vintage buses a

te m p or a r y l ic en ce to o pe r at e a sp ec i al vi n t ag e b us s er v ic e

consisting either of one single trip or one return trip subject to the

following conditions

(a) the special vintage bus service shall comply with all

the provisions of Part VII other than with the

provisions of regulation 68;

(b) no vintage bus shall be allowed to provide special

vintage bus services on more than five occasions

within any thirty consecutive days

Provided that the Authority may, under exceptional

circumstances, approve more frequent special vintage

bus services;

(c) operators shall pay the application fee established in

Part Six of the Tenth Schedule for the said temporary

licence, provided the Authority may, at its absolute

discretion, waive the fee where it is satisfied that the

income from the special vintage bus services will be

for the benefit of any institution, trust, bequest or

foundation, of a public character, and of any other

similar organisation or body of persons, also of a

public character, which is engaged in philanthropic

work and either qualifies for exemption granted under

rules made for this purpose by the Minister responsible

for finance under article 96 of the Income Tax Act or is

named by the said Minister as being engaged in

philanthropic work for the purposes of article 12 of the

Income Tax Act and there is not in respect of it a

declaration by the said Minister that it has ceased to be

so named; and

(d) any other conditions which the Authority may impose.

(2) No vehicle other than a vintage bus licensed in terms of

these regulations shall be used or be authorised to be used for

special vintage bus services.

(3) Vintage buses may only be licensed by the Authority to be

operated exclusively on sightseeing passenger transport routes

established by the Authority in terms of Part XI or to operate

s p e c i a l v i n t a ge b u s s e r v i c e s a s au t h o r i s e d i n t e r m s o f t h i s

regulation.

(4) Vintage buses that were licensed as motor vehicles for the

carriage of passengers for hire or reward in Malta before the entry

into force of these regulations, shall only be used exclusively on

sightseeing passenger transport routes and, or for special vintage

bus services as from the 1st of January, 2015.

(5) No operator shall use, or permit to be used, any vintage bus

registered under its operating licence for any purpose other than to

service a sightseei ng passenger transp ort route in terms of

r e gu lat io n 69 o r to op e r a te s pecial vintage bus services a s

authorised in terms of this regulation.

PART XI

PASSENGER TRANSPORT SERVICES BY MEANS

OF MALTA HERITAGE BUSES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68Q Use of Malta heritage buses to operate pre- booked services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority may authorise the use of Malta heritage

buses to operate pre-booked passenger transport services for

tourists and conference-related purposes only.

(2) The Authority may restrict the number of Malta heritage

buses which can operate on the road in Malta as may be necessary

for the regulation, management, safety and control of road traffic

and for any other reason which the Authority may deem fit.

(3) Where the Authority decides that the number of Malta

heritage buses operating on the road in Malta shall be restricted, it

shall only allow to operate on the road in Malta those Malta

h e r i ta ge b u s e s w hi c h ha ve b e e n ch o s e n f o ll o wi n g a p ub l ic

competitive process leading to the issuance of a limited number of

licences to operate Malta heritage buses, which number shall be

determined by the Authority in its sole and absolute discretion.

(4) No licensed operator shall use or permit to be used any

Malta heritage bus registered under its operating licence for any

purpose other than to provide pre-booked passenger transport

services for tourists and conference-related purposes.

(5)

The services of Malta heritage buses may not be sold on the

road.

(6) The Authority shall revoke the licence of a Malta heritage

bus if such Malta heritage bus is operated for any purpose other

than pre-booked passenger transport services for tourists and

conference-related purposes, or if its services are sold on the road

or if it is in breach of any other condition which the Authority may

impose from time to time.

(7) Malta heritage buses may be used on the Maltese national

territory only.

(8) In order for a vehicle to be issued with a licence to operate

as a Malta heritage bus, such vehicle must satisfy the following

conditions

(a) it shall satisfy the requirements stipulated in the

definition "Malta heritage bus" as established in

regulation 2

Provided that any vehicle which was formerly used as

a motor route bus and which was subsequently issued

with a passenger transport vehicle licence shall also

have the right to participate in the competitive process

referred to in paragraph (b) as long as such vehicle has

its coachwork manufactured in Malta and has been

registered in Malta as a passenger transport vehicle

prior to 1 January, 1975 and was registered as such for

at least five consecutive years at any time prior to the

coming into force of these regulations and is not

licensed as a vintage bus in terms of Part X, whether

the passenger transport vehicle licence of such vehicle

has been surrendered to the Authority in order to

obtain a replacement passenger transport vehicle

licence and is currently licensed as a private vehicle

[in which case such vehicle shall be liable to payment

of the entry fee per seat due in terms of regulation

117(6)] or whether such vehicle is had been duly

licensed as a passenger transport vehicle and is now

entitled to obtain a replacement passenger transport

vehicle licence [(in which case the payment of the

entry fee per seat established in terms of regulation

117(6) shall not apply]

Provided further that, in the event that such a vehicle

which is still duly licensed as a passenger transport

vehicle or which is entitled to obtain a replacement

passenger transport vehicle licence succeeds to obtain

a ‘Malta heritage bus’ licence after participating in the

PASSENGER TRANSPORT SERVICES

above-stated competitive process, the owner of such a

vehicle shall not be entitled to obtain a replacement

passenger transport vehicle licence in addition to the

‘Malta heritage bus’ licence thus obtained.

(b) in the event that the Authority decides that the number

of Malta heritage buses operating on the road in Malta

shall be restricted, it shall have been awarded a licence

by the Authority following the competitive process

referred to in sub-regulation (3);

(c) it shall be powered either by an engine which runs on

LPG or by an engine which is fitted with a diesel

particulate filter;

(d) it shall be equipped with an audio recording of not less

than ten minutes in length explaining the history of

Malta, which audio recording shall be played on every

trip made by the Malta heritage bus;

(e) it has a fully functioning air conditioning system; and

(f)

it is fitted with a tracking device in accordance with

the specifications published by the Authority from

time to time.

(9) In order for any person to operate a Malta heritage bus,

such person must be in possession of an operator’s licence issued

by the Authority for the carrying out of passenger transport

services in terms of Part II.

(10) Furthermore, in order for a vehicle licensed for such

purpose to operate as a Malta heritage bus, the operator shall

(a) in addition to the annual circulation fee, pay the

applicable annual fee established in the Tenth

Schedule;

(b) except for such vehicles which are exempt from the

payment of the entry fee as stipulated in the proviso to

paragraph (a) of sub-regulation (8), pay the relative

entry fee due in terms of regulation 117(6);

(c) comply with all the provisions of Part VII; and

(d) comply with any other conditions which the Authority

may impose.

PART XII

PASSENGER TRANSPORT SERVICES BY MEANS OF

ELECTRIC TROLLEY VEHICLES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68R Licences for operators to operate electric trolley vehicles. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority may issue licences for operators to

operate electric trolley vehicles in the localities in Malta indicated

in the Fourteenth Schedule.

(2) Licensed operators of electric trolley vehicles shall only

provide national occasional services subject to the following

conditions

(a) operators shall only be able to operate electric trolley

vehicles in such localities listed and shown in the

Fourteenth Schedule;

(b) operators shall not charge passengers a fare in excess

of the electric trolley vehicles maximum fare

stipulated in the Fifteenth Schedule, which fare is to be

displayed at all times on all electric trolley vehicles

and at all electric trolley vehicle stands;

(c) electric trolley vehicles shall stop in order to allow the

alighting of passengers at such places as shall be

instructed by the passengers themselves and the

drivers of electric trolley vehicles shall be obliged to

ensure that the process of alighting of passengers is

conducted safely and without causing any obstruction

to traffic;

(d) electric trolley vehicles may not ply for hire and may

only pick up passengers from an electric trolley

vehicle stand; and

(e) operators and drivers of electric trolley vehicles shall

comply at all times with any other condition which

may be established by the Authority.

(3) The Authority may restrict the number of electric trolley

vehicles authorised to operate national occasional services as may

be necessary for the regulation, management, safety and control of

road traffic and, in such case, licences for electric trolley vehicles

shall be issued following a public competitive process under such

terms and conditions as shall be established by the Authority.

(4) Without prejudice to the provisions of regulations 14 and

112, the Authority shall suspend or revoke the licence for the

operation of an electric trolley vehicle if the operator fails to

comply, on one or more occasions, with the provisions of sub-

regulation (2) and sub-regulation (8) of this regulation and such a

breach or repeated breaches warrants, in the absolute discretion of

the Authority, the suspension or revocation of the licence of such

operator.

(5) All electric trolley vehicles used for the transport of

passengers shall be duly registered, licensed and insured.

(6) When submitting an application for a vehicle to be licensed

by the Authority as an electric trolley vehicle the applicant shall, in

his application, in addition to any other documentation and

information which may be requested by the Authority, specify -

(a) the maximum number of passengers which the electric

trolley vehicle may carry in accordance with the type-

approval certificate;

(b) the over-all length of the vehicle;

(c) the over-all width of the vehicle; and

(d) the articulating angle in degrees or turning circle in

meters of the vehicle.

(7) Drivers of electric trolley vehicles shall wear a uniform and

shall also wear, at all times and in a conspicuous place, the

identification tag issued to them by the Authority. The uniform to

be worn by drivers of electric trolley vehicles shall be subject to the

approval of the Authority.

(8) Operators of electric trolley vehicles shall be obliged to

ensure that -

(a) all such electric trolley vehicles are properly fitted

with audio mechanisms by means of which the driver

may communicate any necessary notices, warnings or

information to the passengers aboard;

(b) all such electric trolley vehicles are right-hand drive

vehicles;

(c) all the details specified in the application submitted in

terms of sub-regulation (6) continue to be observed

and remain unchanged;

(d) no modifications to any electric trolley vehicle is

carried out following the issuance of the certificate

authorizing the use on the road of such vehicle;

(e) all such electric trolley vehicles are fitted with a

mechanism which does not permit such vehicles to be

driven at a speed which exceeds 25 km per hour;

(f)

prior to the use of an electric trolley vehicle on the

road, such vehicle is covered by a certificate issued by

a warranted mechanical engineer which certifies that it

has passed a roadworthiness test conducted in his

presence on safety of brakes, lights, steering

mechanism, audio mechanism and condition of tyres

and that it is fitted with the mechanism provided for in

paragraph (e) and that such mechanism is functioning

properly;

(g) such roadworthiness test is conducted every twelve

months prior to the renewal of the licence;

(h) the electric trolley vehicle can always be accessed for

the boarding and alighting of passengers only from the

left hand side of the vehicle;

(i)

the electric trolley vehicle is properly designed and

equipped to allow and facilitate access to persons with

disability and mobility problems; and

(j)

the electric trolley vehicle has all adequate and

necessary signage and equipment in order to ensure the

safety of its passengers.

(9) Electric trolley vehicle services shall not be sold on the

road other than within five metres of an electric trolley vehicle

stand

Provided that a person selling such services from an electric

trolley vehicle stand or on board an electric trolley vehicle, which

person may also be the driver of the electric trolley vehicle, shall

wear, at all times and in a conspicuous place, an identification tag

issued to him by the operator of the electric trolley vehicle services

which shall contain a photograph of the person in respect of whom

it is issued, his name and his identity card number and the name of

the operator.

(10) No person shall -

(a) sell, or

(b) cause or permit another person to sell

electric trolley vehicle services in breach of the provisions of sub-

regulation (9).

(11) No person shall solicit, whether directly or indirectly, any

other person in any location for any electric trolley vehicle service.

PART XII bis

PASSENGER TRANSPORT SERVICES BY MEANS OF PUBLIC

LIFTS

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68S — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1)

The Authority may operate, or issue

authorisations for the operation of public lifts in such places as may be

established by the Authority from time to time.

(2)

Any authorisations issued in terms of sub-regulation (1)

shall be subject to the following conditions

(a)

operators shall not charge customers a fare in

excess of the maximum fare as shall be established by the

Authority from time to time;

(b)

operators shall make available to the public all

information pertaining to fares and schedules, where

applicable;

(c)

operators shall abide by all the information made

publicly available in terms of paragraph (b);

(d)

operators shall pay the fee established by the

Authority;

(e)

operators shall be obliged to maintain the public

lifts in good working order and to observe all rules and

regulations in relation to health and safety;

(f)

operators shall be obliged to ensure that the public

lift operation is duly insured;

(g)

operators shall comply with any other condition as

may be established by the Authority from time to time.

(3)

The Authority may suspend or withdraw any

authorisation issued for the operation of a public lift if the operator

fails to observe any of the conditions established in this Part.

PART XII ter

SCHEDULED PASSENGER MARITIME TRANSPORT

SERVICES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 68T — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1)

The Authority may operate, or issue

authorisations for the operation of scheduled passenger maritime

transport services between such berthing places as may be established

by the Authority from time to time.

(2)

Any authorisations issued in terms of sub-regulation (1)

of this regulation shall be subject to the following conditions

(a)

operators shall not charge customers a fare in

excess of the maximum fare as shall be established by the

Authority from time to time;

(b)

operators shall make available to the public all

information pertaining to fares and schedules, where

applicable;

(c)

operators shall abide by all the information made

publicly available in terms of paragraph (b);

(d)

operators shall pay the fee established by the

Authority;

(e)

operators shall be obliged to maintain the vessels

by means of which such scheduled maritime transport services

are to be operated in good working order and to observe all

rules and regulations relative to health and safety;

(f)

operators shall be obliged to ensure that the

operation of the scheduled maritime transport services is duly

insured;

(g)

operators shall comply with any other condition as

may be established by the Authority from time to time.

(3)

The crew on board the vessels by means of which the

scheduled maritime transport services are to be operated are to wear a

uniform provided to them by the Authority or the operator , as the case

may be, and in the latter case, such uniform shall be subject to the

approval of the Authority.

(4) The Authority may suspend or withdraw any authorisation

issued for the operation of scheduled passenger maritime transport

services if the operator fails to observe any of the conditions established

in this Part.

PART XIII

SIGHTSEEING TRANSPORT ROUTES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 69 Sightseeing passenger transport routes. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority may authorise operators, to provide

regular passenger services on sightseeing passenger transport

routes subject to the following conditions

(a) operators shall make available to the public all

information pertaining to fares, schedules, routes, pick

up and drop off points, and any specific restrictions

that would restrict any passenger or passenger

category from using the service. Such information

shall also be available on each passenger transport

vehicle operating on such route;

(b) operators and drivers shall comply with all the

information made publicly available in terms of

paragraph (a);

(c) drivers shall not, while carrying out regular passenger

services, pick up and, or drop off passengers on any

location other than the pick up and drop off points

approved by the Authority along the sightseeing

passenger transport route;

(d) operators shall pay the fee established by the Authority

for the specific route;

(e) comply with any other conditions stipulated by the

Authority.

(2) No operator shall use or permit to be used, any open top bus

registered under its operating licence, which was manufactured

more than ten years before the entry into force of these regulations,

for any purpose other than to service a sightseeing passenger

transport route in terms of this regulation

Provided that the operator may also use or permit to be used

such open top bus to provide other passenger transport services

upon payment of the relative entry fee due in terms of regulation

117. (3) Passenger transport vehicles authorised to service a

sightseeing passenger transport route in terms of this regulation

shall be fitted with a tracking device in accordance with the

specifications published by the Authority from time to time. The

tracking device shall, upon being fitted on the passenger transport

vehicle, be inspected by the Authority or a body approved by the

Authority, to ensure that it conforms to the specifications published

by it. Upon establishing such conformity, an official seal shall be

placed on such tracking device by the Authority or 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.

(4) The operator shall ensure that the tracking device installed

in each of the passenger transport vehicles operated by him in

terms of this regulation is kept in good working condition at all

times, that it is not tampered with and that any faults or

breakdowns shall be reported immediately to the Authority. When

the tracking device installed is in any way defective or tampered

with, the operator shall immediately withdraw the passenger

transport vehicle from servicing a sightseeing passenger transport

route until the tracking device is repaired or replaced.

(5) The driver shall keep the tracking device switched on at all

times while on duty, and shall cause the same to record all such

i n f o r m a t i o n a s m a y b e p r e s c r i b e d b y t h e A u t h o r i t y. T h i s

information shall be retained by the Operator for a period of three

months from when it is recorded. The Operator shall, upon 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 information recorded by the tracking device shall be

admissible as evidence and shall constitute proof of its contents as

to the circumstances of date, time and place in which the

information was recorded in any proceedings for any breach of

these regulations.

(7) The information recorded by the tracking device may be

used by the Authority as evidence and shall constitute proof of its

contents as to the circumstances of date, time and place in which

the information was recorded for the purpose of imposing

administrative penalties.

(8) No motor route bus may be used for the purpose of

servicing a sightseeing passenger transport route.

(9) Services on sightseeing passenger transport routes shall not

be sold on the road other than within five metres of pick-up points

mentioned in sub-regulation (1)(c), provided such pick-up points

are not within five metres from a bus stage or a taxi stand

Provided that a person selling such services from pick up

points or on board the vehicle, shall wear, at all times and in a

conspicuous place, an identification tag issued to him by the

operator of those services which shall contain a photograph of the

person in respect of whom it is issued, his name and his Identity

Card number and the name of the operator

Provided further that where a pick-up point sign is located

adjacent to a pavement, such services may be sold only on the

pavement within the established distance from the pick-up point

sign.

For the purpose of this sub-regulation "road" shall include

the Cirkewwa port terminal and the Mġarr (Gozo) port terminal,

where such services may only be sold from authorized booths or

authorised commercial premises.

(10) No person shall -

(a) sell, or

(b) cause or permit another person to sell

sightseeing passenger transport services in breach of the provisions

of sub-regulation (9).

(11) No person shall solicit, whether directly or indirectly, any

other person in any location for any sightseeing passenger transport

service.

PART XIV

WORKING AND DRIVING TIMES, INTERNATIONAL

CARRIAGE AND CABOTAGE TRANSPORT OPERATIONS

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 70 International carriage. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Regulations 71, 72, 73(2), 73(3), 73(4), 74(2), 75,

76(1), 76(2), 76(3), and 79 to 93, both inclusive, shall only apply to

international passenger transport services.

(2) Regulations 93 to 100, both inclusive, shall only apply to

cabotage transport operations.

(3) Regulations 101 to 106, both inclusive, shall only apply to

international transport services and cabotage transport operations.

Social Measures

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 71 Applicability of AETR. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The European Agreement concerning the Work of Crews of

Vehicles engaged in International Road Transport (AETR) shall

apply instead of` regulations 71 to 93, both inclusive, to

international passenger transport services

(a) between Malta and countries that are Contracting

Parties to the AETR, or in transit through such

countries, for the whole of the journey where such

operations are carried out by passenger transport

vehicles registered in Malta, a Contracting Party to the

AETR or in one of the said third countries;

(b) between Malta and a country which is not a

Contracting Party to the AETR in the case of any

journey made within Member States, or between Malta

and a Member State where such operations are carried

out by passenger transport vehicles registered in one of

those countries.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 72 Conditions for drivers engaged in international carriage of passengers by road. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Any driver engaged in the international carriage of

passengers shall have reached the age of twenty-one years and shall

be authorized to act as a driver in terms of the laws of a Member

State.

(2) Any driver engaged in the international carriage of

passengers must also fulfil one of the following conditions

(a) he must have worked for at least one year in the

carriage of goods as a driver of vehicles with a

permissible maximum weight exceeding 3.5 tonnes;

(b) he must have worked for at least one year as a driver of

vehicles used to provide passenger services on

journeys in Malta, or other types of passenger services

not governed by these regulations, provided the

Authority considers that he has by so doing acquired

the necessary experience;

PASSENGER TRANSPORT SERVICES

(c) he must hold a driver’s certificate of professional

competence in Malta or an equivalent certificate

recognised by a Member State confirming that he has

completed a training course for drivers of vehicles

intended for the carriage of passengers by road, which

course is in conformity with the Third Schedule.

73.(1)(a) The average weekly working time, including overtime,

for a mobile worker or a self-employed driver shall not

exceed forty-eight hours

Provided that the maximum weekly working time for a

mobile worker or a self-employed driver may be

extended to sixty hours only if, over a period of

seventeen consecutive weeks, an average of forty-

eight hours a week is not exceeded

Provided further that the said period may be extended

in relation to mobile workers and self-employed

drivers for objective or technical reasons or reasons

concerning the organization of work, by a collective

agreement, an agreement between social partners or

any other agreement entered into between the

employer and mobile workers employed by him in

compliance with national legislation, from a period of

seventeen weeks to a period not exceeding twenty-six

weeks.

(b) Working time for a mobile worker employed by

different employers shall be the sum of the working

hours. The employer shall ask the mobile worker

concerned in writing for an account of time worked for

another employer and the mobile worker shall provide

such information in writing.

(c) Where night work is performed, the daily working

time of a mobile worker or a self- employed driver

shall not exceed ten hours in any period of twenty-four

hours

Provided that the period of ten hours may be extended

in relation to mobile workers and self-employed

drivers for objective or technical reasons or for

reasons concerning the organisation of work, by a

collective agreement, an agreement between social

partners or any other agreement entered into between

the employer and mobile workers employed by him in

compliance with national legislation.

(d) An employer shall ensure that the time limits specified

in this regulation are complied with in the case of each

mobile worker employed by him.

(e) The times of breaks, rests and periods of availability

shall not be included in the calculation of working

time.

(f)

A period of availability shall not be treated as such

unless the mobile worker knows about that period of

availability and its reasonably foreseeable duration

before the commencement of that period of

availability.

(g) The time spent by a mobile worker driving in a team,

the time spent sitting next to the driver or on the

couchette while the passenger transport vehicle is in

motion shall be a period of availability for that mobile

driver.

(2)

(a) The daily driving time, including all driving time on

the territory of the European Union or of a third

country, shall not exceed nine hours, but it may be

extended up to twice in any week to not more than ten

hours.

(b) A driver must, after no more than six daily driving

periods, take a weekly rest period as defined in

regulation 75(3).

(c) The weekly rest period may be postponed until the end

of the twelfth day if the total driving time over the

twelve days does not exceed the maximum

corresponding to twelve daily driving periods.

(3) The weekly driving time, including all driving time on the

territory of the European Union or of a third country, shall not

exceed fifty-six hours and shall not result in the maximum weekly

working time laid down in sub-regulation (1)(a).

(4) The total period of driving in any period of two

consecutive weeks shall not exceed ninety hours.

(5) A driver shall record as "other work" any time spent in

activities as defined as "working time" in regulation 2 as well as

any time spent driving a vehicle used for commercial operations

not falling within the scope of this regulation, and shall also record

any "period of availability", as defined in regulation 2, since his

last daily or weekly rest period. This record shall be entered either

manually on a record sheet, a printout or by the use of manual input

facilities on recording equipment.

74.(1)(a) Without prejudice to the provisions of sub-regulation

(2), a person performing mobile road transport

activities shall work for no more than six consecutive

hours without a break.

(b) Where the working time of a person performing

mobile road transport activities exceeds six hours but

does not exceed nine hours, working time shall be

interrupted by a break of at least thirty minutes.

(c) Where the working time of a person performing

mobile road transport activities exceeds nine hours,

working time shall be interrupted by a break of at least

forty-five minutes.

(d) Breaks may be subdivided into periods of not less than

fifteen minutes each.

(2)

(a) A driver shall take an uninterrupted break of not less

PASSENGER TRANSPORT SERVICES

than forty-five minutes after a driving period of four

and-a-half-hours, unless he takes a rest period.

(b) This break may be replaced by a break of at least

fifteen minutes followed by a break of at least thirty

minutes, each distributed over the driving period in

such a way as to comply with the provisions of the

preceding paragraph.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 75 Daily and weekly rest periods. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) A mobile worker or a self-employed driver shall have

daily and weekly rest periods.

(2) A daily rest period of eleven hours shall be taken within

each period of twenty-four hours after the end of the previous daily

rest period or weekly rest period

Provided that the daily rest period may be reduced to at

least nine hours no more than three times between any two weekly

rest periods.

(3) A daily rest period may be extended to make a regular

weekly rest period or a reduced weekly rest period.

(4) Notwithstanding sub-regulation (2), a driver engaged in

multi-manning shall, within thirty hours of the end of a daily or

weekly rest period, take a new daily rest period of at least nine

hours.

(5)

(a) In any two consecutive weeks a mobile worker or a

self-employed driver shall take at least -

(i) two regular weekly rest periods, or

(ii) one regular weekly rest period and one reduced

weekly rest period of at least twenty-four hours

Provided that the reduction shall be compensated by an

equivalent period of rest taken en bloc before the end

of the third week following the week in question.

(b) A weekly rest period shall start no later than at the end

of six twenty-four-hour periods from the end of the

previous weekly rest period.

(6)

(a) Any rest taken as compensation for a reduced weekly

rest period shall be attached to another rest period of at

least nine hours.

(b) Where a mobile worker or a self employed driver

chooses to do this, daily rest periods and reduced

weekly rest periods away from base may be taken in a

passenger transport vehicle, as long as the passenger

transport vehicle has suitable sleeping facilities for

each mobile worker or self-employed driver and the

passenger transport vehicle is stationary.

(7) A weekly rest period that falls in two weeks may be

counted in either week, but not in both.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 76 Interruption of daily rest period and departing from regulations. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Notwithstanding regulation 75, a mobile worker or a

self-employed driver engaged in carriage of passenger who

accompanies a passenger transport vehicle which is transported by

ferry or train, that mobile worker or self-employed driver may

interrupt the regular daily rest period not more than twice by other

activities not exceeding one hour in total and during that regular

daily rest period, the mobile worker or self-employed driver shall

have access to a bunk or couchette.

(2) Any time spent travelling to a location to take charge of a

passenger transport vehicle, or to return from that location, when

the vehicle is neither at the mobile worker’s home or at the home of

the self-employed driver nor at the employer’s operational centre

where the mobile worker is normally based, shall not be counted as

a rest or break unless the mobile worker or self-employed driver is

on a ferry or train and has access to a bunk or couchette.

(3) Any time spent by a driver driving any other motor vehicle

which is not a passenger transport vehicle, which is not at the

driver’s home or at the employer’s operational centre where the

driver is normally based, shall count as other work.

(4) Provided that road safety is not thereby jeopardised and to

enable the passenger transport vehicle to reach a suitable stopping

place, the driver may depart from the provisions of regulations

73(2), 73(3), 73(4), 74(2), and 75, to the extent necessary to ensure

the safety of persons, of the passenger transport vehicle or its load.

The driver shall indicate the reason for such departure manually on

the record sheet of the recording equipment or on a printout from

the recording equipment or in the og book issued by the Authority

in terms of regulation 78, at the latest on arrival at the suitable

stopping place.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 77 Liability of transport undertakings. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) A carrier shall not give drivers it employs or who are

put at its disposal any payment, even in the form of a bonus or

wage supplement, related to distances travelled if that payment is

of such a kind as to endanger road safety and, or encourages

infringement of these regulations.

(2) A carrier shall be liable, unless proved otherwise, for

infringements committed by drivers employed by it, even if the

infringement is committed on the territory of another Member State

or of a third country.

(3)

Carriers shall ensure that -

(a) all data is downloaded from the passenger transport

vehicle’s recording equipment at least every three

months and from the driver card at least every twenty-

eight days;

(b) all data downloaded from both the passenger transport

vehicle’s recording equipment and from the driver card

is kept for at least twelve months following recording

and, should an inspecting officer request it, such data

shall be accessible, either directly or remotely, from

the operating centre of the carrier.

(4)

Carriers,

tour

operators,

principal

contractors,

subcontractors and driver employment agencies shall ensure that

contractually agreed transport time schedules respect these

regulations.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 78 Information records and penalties. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) An employer shall -

(a) notify every mobile worker in his employment of the

provisions of regulations 73 to 77, the internal rules of

the transport undertaking, where applicable, and the

provisions of any collective or any other agreement

applicable to the said worker reached on the basis of

these regulations;

(b) keep a record of any time worked by each mobile

worker in his employment, including the time worked

by that worker for another employer in accordance

with regulation 73(1)(b). The working time may be

recorded by any recording equipment available for the

use of the mobile workers, or in a logbook issued by

the Authority for the purposes of recording working

time;

(c) provide, at the request of a mobile worker, a copy of

the record of hours worked by that mobile worker;

(d) organize the work of a mobile worker in such a way

that mobile workers are able to comply with the

relevant provisions of these regulations and any other

relevant legislation.

(2) A mobile worker shall, upon the request of his employer,

notify to his employer any time worked for another employer for

inclusion in the calculation of the mobile worker’s working time.

(3) The records referred to in sub-regulation (1) shall be kept

by the employer for a period of two years after the end of the period

covered by the said records.

(4) Employers shall make periodic checks to ensure that all

legal requirements have been complied with and if breaches are

found to have occurred, the employer shall take appropriate steps to

prevent their repetition.

(5) A self-employed driver shall keep a record of any working

time by the use of any recording equipment available or in a log

book issued by the Authority for such purposes and shall keep such

records in his possession at all times during working times.

(6) The records referred to in sub-regulation (5) shall be kept

by the self-employed driver for a period of two years after the end

of the period covered by the said records.

(7) The self-employed driver and the employer of mobile

workers shall, upon the request of the Authority, provide the

Authority with copies of any records kept in accordance with this

regulation for inspection by the Authority. Such copies shall be

certified by the signature of the self-employed driver or the

employer as the case may be.

(8) Any authorised inspecting officer shall have the right to

carry out any inspections at workstations in order to ensure

compliance with this regulation.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 78A Exempt vehicles. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Regulations 71 to 78 shall not apply to the following types

of vehicles

(a) vehicles used for regular passenger services where the

route covered by the service in question does not

exceed 50 kilometres;

(b) vehicles with a maximum authorised speed not

exceeding 40 kilometres per hour;

(c) vehicles owned or hired without a driver by the armed

services, civil defence services, fire services and

forces responsible for maintaining public order when

the carriage is undertaken as a consequence of the

tasks assigned to these services and is under their

control;

(d) commercial vehicles which have a historic status in

terms of law and which are used for the non-

commercial carriage of passengers.

Access to the International Market

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 79 Community licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority shall issue a Community licence in

accordance with the model set out in the Fourth Schedule to any

operator fulfilling the conditions prescribed in Part II of these

regulations and who meets legal requirements on road safety as far

as the standards for drivers and vehicles are concerned and who

intends to carry out international passenger transport services.

(2) In order to carry out international passenger transport

operations using passenger transport vehicles between Malta and

other Member States for hire or reward or on own account, a carrier

shall meet legal requirements on road safety as far as the standards

for drivers and vehicles are concerned and hold a Community

licence issued in terms of these regulations or a Community licence

i s s u e d b y t h e c o m p e t e n t a u t h o r i t y o f t h e M e m b e r St a t e o f

establishment in accordance with the model set out in the Fourth

Schedule.

(3) Each passenger transport vehicle carrying out an

international passenger transport service shall have on board the

Community licence or a copy of the Community licence certified

by the issuing authority or agency.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 80 Suspension of Community licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

In the event of serious infringements of these regulations,

an authorisation, issued by another Member State or in any other

country may be temporarily or partially suspended. Such

suspension shall be effected by the Authority of its own motion or

by order of a court of criminal jurisdiction which shall make such

an order having regard to the seriousness of the infringement;

provided that where the Authority suspends an authorisation 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 days from

service thereof, make representations in writing to the Authority

giving reasons why the authorisation should not be suspended 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 such decision

within thirty days from its notification.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 81 Right of appeal. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Where an authorization issued by another Member State or

any other country is suspended, the Authority shall by notice in

writing, within seven days, inform the carrier of its decision and the

reasons therefor.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 82 Occasional services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Occasional services shall not require any other

specific authorisation other than a Community licence.

(2) Occasional services may be provided by a group of carriers

acting on behalf of the same contractor, and passengers may

establish a connection en route, with a different carrier engaged by

the same contractor, in the territory of a Member State.

(3) The names of such carriers and the connection points en

route shall be communicated to the Authority upon their arrival in

Malta within forty-eight hours.

(4) Empty journeys by passenger transport vehicles in

connection with the transport operations referred to in sub-

regulations (1) to (3) shall not require any authorisation.

(5) An operator who holds a Community licence may carry out

local excursions in another Member State and a carrier established

in a Member State other than Malta may carry out such excursions

i n Ma l ta . S u c h se r v ic e s s h a l l be i nt e nd e d f o r n o n- r e s i d e n t

passengers previously carried by the same carrier on an

international occasional service and must be carried out with the

same passenger transport vehicle or another passenger transport

vehicle from the same carrier or group of carriers.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 83 Special regular services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Special regular services shall not require any other

specific authorisation other than a Community licence if they are

covered by a contract concluded between the transport organiser

and the carrier.

(2) Any carrier shall be permitted to carry out special regular

services without discrimination as to nationality or place of

establishment if the said carrier

(a) is authorised in the Member State of establishment to

undertake carriage by means of regular services

including special regular services or occasional

services by road passenger transport vehicles;

(b) satisfies the conditions laid down in accordance with

any laws and regulations in Malta or equivalent

regulations in the Member State of establishment

governing market access;

(c) satisfies the legal requirements and standards on road

safety for drivers and vehicles.

(3) Any own-account carrier shall be permitted to carry out

international special regular services without discrimination as to

nationality or place of establishment if the said carrier

(a) is authorized in the country of establishment to

undertake carriage by passenger transport vehicles in

accordance with any laws and regulations in force in

Malta or equivalent regulations in the Member State of

establishment governing market access;

(b) satisfies the legal requirements and standards on road

safety for drivers and vehicles.

(4) Empty journeys by passenger transport vehicles in

connection with the international passenger transport services

referred to in sub-regulations (1) and (2) shall not require any

authorisation.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 84 Regular services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Passengers using an international regular service shall

throughout their journey possess transport tickets, either individual

or collective, which indicate

(a) the points of departure and destination and, where

appropriate, the return journey;

(b) the period of validity of the ticket;

(c) the price of the transport.

(2) Such transport ticket shall be presented at the request of

any authorised inspecting officer.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 85 Authorisation for regular and non- liberalised special regular services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

International regular services and international special

regular services not covered by a contract between the transport

organiser and the carrier shall require authorisation in accordance

with regulations 86 to 89.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 86 Nature of authorisation. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Authorisations shall be issued in the name of the

carrier for a period of validity of five years and shall conform to the

model in the Fifth Schedule.

(2) Authorisations shall entitle the holder(s) to operate

international regular services in the territories of all Member States

over which the routes of the international regular service pass as

well as in Malta.

(3)

(a) An operator who has received an authorisation may,

w i t h t h e c o n s e n t o f t h e A u t h o r i t y, o p e r a t e t h e

international passenger transport service, so

authorised, through a sub-contractor. In this case, the

name of the latter undertaking and its role as sub-

contractor shall be indicated in the authorisation.

(b) The sub-contractor mentioned in paragraph (a) must

fulfil the conditions laid down in regulation 79(1).

(c) In the case of carriers associated for the purpose of

operating a regular service, the authorisation shall be

issued in the names of all the carriers.

(4) A carrier operating an international regular service may use

additional passenger transport vehicles to deal with temporary and

exceptional situations. In this case, the carrier must ensure that the

following documents are carried on such additional passenger

transport vehicles

PASSENGER TRANSPORT SERVICES

(a) a copy of the authorisation of the regular service;

(b) a copy of the contract between the carrier operating the

international regular service and the undertaking

providing the additional passenger transport vehicles

or an equivalent document;

(c) a certified true copy of the Community licence issued

to the carrier operating the international regular

service.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 87 Submission of applications for authorisation. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Applications to the Authority for authorisation of

international regular services starting in Malta shall conform to the

Sixth Schedule.

(2) Authorisations shall be issued in agreement with the

authorities of all the Member States in whose territories passengers

board or disembark.

(3) A decision on the application for authorisation for regular

services starting from Malta shall be taken by the Authority within

four months from the date of submission of the application by the

carrier.

(4)

Authorisation shall be granted unless

(a) the applicant is unable to provide the service which is

the subject of the application with equipment directly

available to him;

(b) in the past, the applicant had not complied with

national or international legislation on road transport,

and in particular the conditions and requirements

relating to authorisations for international passenger

transport services, or has committed serious breaches

of legislation in regard to safety, in particular with

regard to the rules applicable to vehicles and driving

and rest periods for drivers;

(c) in the case of an application for renewal of

authorisation, the conditions of authorisation have not

been complied with;

(d) it is shown that the service in question would directly

compromise the existence of regular services already

authorised, except in cases in which the regular

services in question are carried out by a single carrier

or group of carriers only;

(e) it appears that the operation of services covered by the

application is aimed only at the most lucrative of the

services existing on the links concerned; and

(f)

a Member State decides on the basis of a detailed

analysis that the said service would seriously affect the

viability of a comparable rail service on the direct

sections concerned. Any decision pursuant to this

provision, together with the reasons therefor, shall be

notified to any carrier affected.

(5) Where the Authority refuses to grant or renew an

a ut h o r is a t i on f o r r e g ul a r s e r v ic e s s ta r ti n g fr o m M a l t a , t he

Authority shall by notice in writing, within seven days, inform the

applicant or holder, as the case may be, of its intention to do so.

Every notice of refusal shall state that the operator has a right to

make representations in writing, within ten days, to the Authority

giving reasons why the application shall 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. When an application is

refused by the Authority, the applicant may appeal to the Tribunal

within thirty days from notification of the Authority’s decision.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 88 Lapse of authorisation. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) An authorisation for an international regular service

shall lapse at the end of its period of validity or three months after

the Authority has received from its holder notice of his intention to

withdraw the service. Such notice must contain a proper statement

of reasons.

(2) Where demand for an international regular service has

ceased to exist, the period mentioned in sub-regulation (1) shall be

reduced to one month.

(3) The holder of the authorisation shall notify users of the

service concerned of its withdrawal one month beforehand by

means of publication in the Gazette.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 89 Obligation of carriers. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1)

Save in the event of force majeure, the carrier

operating an international regular service shall, until the

authorisation expires, take all measures to guarantee a transport

service that fulfils standards of continuity, regularity and capacity

and complies with the other conditions as laid down by the

Authority in accordance with regulation 83(3).

(2) The carrier shall display the route of the international

regular service, the bus stops, the timetable, the fares and the

conditions of carriage insofar as these are not laid down by law, and

in such a way as to ensure that such information is readily available

to all users.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 90 Journey form. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The services referred to in regulation 82 shall be

covered by a journey form, the requirements of which are set out in

the Seventh Schedule.

(2) A carrier operating international occasional services shall

fill out a journey form before each journey.

(3) The Authority shall issue the said journey forms to

operators established in Malta.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 91 Own account transport operatons. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Own-account transport operations shall be exempt

from any system of authorisation but shall be subject to a system of

certificates.

(2) Such certificates shall be issued by the Authority when the

passenger transport vehicle is registered in Malta and shall be valid

for the entire journey including transit for up to a maximum of five

years. They must conform to the model in the Eighth Schedule.

(3) The certificate or a certified true copy shall be carried on

board the passenger transport vehicle and shall be presented to an

authorised inspecting officer upon demand.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 92 Evidence of compliance to be provided. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Carriers requesting a certificate shall provide the Authority

with evidence that the conditions laid down in the definition of

"own account transport operations" have been met.

Access to the market in other countries

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 93 Market access. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The Authority shall determine the conditions for market

access relating to countries with which Malta has bilateral

agreements other than Member States and subject to the provisions

of such agreements.

Access to the National Market by Non-Resident Carriers

Established in Member States ("Cabotage")

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 94 Temporary cabotage operations. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Any carrier for hire or reward who is a holder of a

Community authorisation shall be entitled, under the conditions

laid down in these regulations, to carry out cabotage operations on

a temporary basis in Malta, without having a registered office or

other establishment in Malta.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 95 Authorised services. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Cabotage transport operations shall be permitted in

Malta for the following services

(a) special regular services provided that they are covered

by a contract concluded between the transport

organiser and the carrier;

(b) occasional services.

(2) Cabotage transport operations for regular services shall not

be authorised in Malta.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 96 Cabotage operations subject to Maltese laws. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The performance of the cabotage transport operations in

Malta referred to in regulation 94 shall be subject to the laws,

regulations and administrative provisions in force in Malta in

relation to the following areas

(a) rates and conditions governing the transport contract;

(b) weights and dimensions of passenger transport

vehicles shall meet the conditions of the relevant

regulations regulating motor vehicles’ weights,

dimensions and equipment;

(c) requirements relating to the carriage of certain

categories of passengers, such as schoolchildren,

children and persons with reduced mobility;

(d) driving and rest time;

(e) value added tax on transport services.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 97 Licence to be carried on board the vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The Community licence or a certified true copy thereof

shall be kept on board the passenger transport vehicle and shall be

produced when requested by an authorised inspecting officer.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 98 Control documents - journey forms for occasional cabotage operations. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Cabotage transport operations in the form of occasional

services shall be covered by a control document - the journey form

as contained in the Seventh Schedule - which must be kept on board

the passenger transport vehicle and be produced when requested by

an authorised inspecting officer.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 99 Control document. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

In the case of special regular services, the contract

concluded between the carrier and the transport organiser, or a

certified true copy of the contract, shall serve as the control

document. However, the journey form shall be completed in the

form of a monthly statement.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 100 Journey forms. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Journey forms used shall be returned to the Authority in

accordance with procedures it shall establish.

Inspections and Contraventions in relation to International

Passenger Transport Services and Cabotage Transport Operations

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 101 General. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The authorisation or control document shall be

carried on the passenger transport vehicle and shall be presented at

the request of any authorised inspecting officer. In the case of the

special regular services, the contract or a certified true copy of it

shall serve as a control document.

(2) Carriers operating passenger transport services in

international passenger transport shall allow all inspections

intended to ensure that operations are being conducted correctly, in

particular as regards driving and rest periods. In order to ensure

compliance with these regulations, authorised inspecting officers

shall be empowered to

(a) check the books and other documentation relating to

the operation of the transport undertaking;

(b) make copies of, or take extracts from, the books and

documentation on the premises;

(c) have access to all the transport undertaking’s premises,

sites and vehicles;

(d) require the production of any information contained in

books, documentation or databases.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 102 Inspections at quayside or roadside. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority shall check on the compliance of the

carrier carrying out international road passenger transport services

through random checks carried out at the quayside, roadside or at

the premises of the undertaking in particular for the purposes of

and in accordance with Directive 2006/22/EC and during

inspections for the purposes of the said Directive, authorized

inspecting officers shall follow the guidelines on the seriousness of

infringements provided for in the Thirteenth Schedule

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 Regulations (EC) No 561/2006 and

(EU) No 165/2014 are inspected.

(2) Such checks shall be carried out by authorized inspecting

officers using -

(a) equipment capable of downloading data from the

passenger transport vehicle unit and driver card of the

digital tachograph, reading data, and analyzing data

and, or transmitting findings to a central database for

analysis,

(b) equipment to check the tachograph sheets, and

(c) specific analysis equipment, with appropriate

software, to verify and confirm the digital signature

attached to data, as well as specific analysis software

to provide a detailed speed profile of vehicles prior to

the inspection of their recording equipment

Provided that quayside and roadside checks in compliance

with Part XIV 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.

(2a) The Authority shall target its checks at the transport

undertaking, if one or more of the drivers carrying out international

road passenger transport services for the same transport undertaking

and are found to be continuously or seriously infringing Regulation

(EC) No 561/2006 or (EU) No 165/2014.

(3) The Authority shall introduce a risk rating system for

undertakings for the purposes of Article 9 of Directive 2006/22/EC.

(4) A transport undertaking with a high risk rating under the

risk rating system introduced under sub-regulation (3) may make

representations to the Authority regarding its rating. The Authority

shall consider the representations and notify the undertaking of its

conclusions.

(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 risk rating system shall be accessible to

the competent enforcement authorities in Malta which are

concerned at the time of control.

(7) The Authority shall make the information contained in the risk

rating system referred to in sub-regulation (3), directly accessible to

the competent enforcement authorities of other Member States in

accordance with Article 16(2) of Regulation (EC) No 1071/2009,

through interoperable national electronic registers as referred to in

Article 16 of that Regulation.

(8) Without prejudice to the Posting of Workers in Malta

Regulations and in order to further enforce the obligations within the

Posting of Drivers in Malta Regulations, the Authority shall ensure

that a coherent national enforcement strategy is applied in the territory

of Malta. This strategy shall focus on undertakings with a high risk

rating under the risk rating system, referred to in sub-regulation (3).

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 103 Elements of checks. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Quayside or roadside checks shall cover

(a) daily and weekly driving times, breaks and daily and

weekly rest periods, as well as the preceding days’

record sheets which have to be carried on board the

passenger transport vehicle and, or the data stored for

the same period on the driver card and, or in the

memory of the recording equipment and, or on

printouts;

(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 passenger transport vehicle’s authorised speed

is exceeded, being any period of more than one (1)

minute during which the vehicle’s speed exceeds one

hundred and five (105) kilometres per hour for category

M3 motor vehicles;

(c) where appropriate, momentary speeds attained by the

passenger transport vehicle as recorded by the

recording equipment in no more than the previous

twenty-four hours’ use of the passenger transport

vehicle;

(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 Workers in

Malta Regulations;

(e) where appropriate, and with due regard to safety

considerations, a verification of the recording

equipment installed in vehicles in order to detect the

installation and, or use of any device, or devices,

intended to destroy, suppress, manipulate or alter any

data, or which is intended to interfere with any part of

the electronic data exchange between the component

parts of recording equipment, or which inhibits or

alters the data in such ways prior to encryption;

(f)

technical requirements of the regulations regulating

weights, dimensions and equipment for the passenger

transport vehicles;

(g) extended maximum weekly working times of sixty

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

in regulations 73 and 74, 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; and this without prejudice to the driver’s

obligation to ensure the proper use of tachograph

equipment.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 103A Comprehensive checks. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Checks carried out at the premises of internationally

operating road passenger transport services undertakings

established in Malta, shall be planned in light of past experience in

relation to the various types of transport and undertakings and the

checks shall also be carried out if serious infringements of

Regulation (EC) No 561/2006 or (EU) No 165/2014 or of these

regulations have been detected during quayside or roadside checks.

(2) Checks carried out at the premises of internationally

operating road passenger transport services undertakings

establ ished in Malta sh al l, in ad diti on t o th e pro vision s of

regulation 103, include a check on the following

(a) weekly rest period and driving times between these

rest periods;

(b) observance of the two (2) weekly limitations of

driving times;

(c) record sheets, vehicle unit and the information of the

driver card data and printouts;

(d) compliance with maximum average weekly working

times, breaks and night work requirements; and

(e) observance of the obligations of undertakings as

regards the payment for drivers’ accommodation and

the organization of the work of drivers.

(3) The Authority may, if it deems it appropriate, verify 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 permits compliance with Regulations

(EC) No 561/2006 and (EU) No 165/2014.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 104 Checks at the request of the Authority. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

For the purposes laid down in these regulations, checks

carried out on the basis of relevant documents handed over by

carriers at the request of the Authority, shall have the same status as

checks carried out at the operating centre.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 104A Concerted checks. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority shall, at least six (6) 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 (EU) No 165/2014.

(2)

The Authority shall organize additional concerted checks

at the premises of the undertaking;

(3)

The concerted checks referred to 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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 104B Intra-community liaison. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

The Authority shall be responsible for intracommunity

liaison and shall have the following functions

(a)

to ensure coordination with the competent

enforcement authorities in the other Member States concerned

as regards actions taken on concerted quayside and roadside

checks;

(b)

to forward the biennial statistical returns to the

Commission in accordance with Article 17 of Regulation (EC)

No 561/2006;

(c)

to be primarily responsible for assisting the

competent authorities of other Member States; and

(d)

to ensure exchange of information with the other

Member States in accordance with regulation 104C with regard

to the application of these regulations.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 104C Exchange of information. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Information made available bilaterally in

accordance with 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

Commission in accordance with regulation 104B

(a)

at least once every six (6) months after 2nd

February 2022;

(b)

upon the 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

timeframe 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, and instruct that Member State to 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 controls,

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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 105 Falsified documents. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Where a falsified Community licence, falsified

authorisation or falsified certified true copy thereof is produced,

the falsified document shall be withdrawn immediately and without

the need of recourse to the Tribunal, and where appropriate,

forwarded as soon as possible to the competent authority of the

carrier’s Member State of establishment.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 106 Clamping of vehicle. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Where an offence has been committed in breach of

regulations 72 to 78, both inclusive, which is of a kind that is

clearly liable to endanger safety, an enforcement officer may clamp

the passenger transport vehicle in or by which such breach was

committed until such time as the cause of infringement has been

rectified.

PART XV

OFFENCES AND PENALTIES

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 107 Criminal proceedings and penalties. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Any person who commits a breach of -

(a) regulation 5(1);

(b) regulation 6(5);

(c) regulation 6(6);

(d) regulation 17;

(e) regulation 22(6);

(f)

regulation 27(1);

(g) regulation 38A(1) and (2);

(h) regulation 38E;

(i)

regulation 68B;

(j)

regulation 68P(2),

(k) regulation 68Q(4),

shall be guilty of a crime and shall, on conviction, be liable to

imprisonment for a period of not more than six 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 any licence and, or permit held in terms of

these regulations by the person found guilty of such crime.

(2) A person who, for the purpose of obtaining, whether for

himself or another, the grant or renewal of any licence or permit in

terms of these regulations, makes a declaration required by these

regulations which he knows to be false, shall be guilty of a crime

and shall, on conviction, be liable to imprisonment for a period of

not more than six 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 as well

as any other licence and/or permit held in terms of these regulations

by the person found guilty of such crime.

(3) A person who commits a breach of any regulation other

than the regulations mentioned in sub-regulation (1), and the

regulations stipulated in sub-regulations (7), (8), (9) and (10),

shall, on conviction, be liable to a fine not exceeding three

thousand euro (€3,000). Furthermore, the court or the Local

Tribunal 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 in terms of this sub-regulation.

(4) When a person licensed under these regulations is found

guil ty of contraveni ng an y o f t he provi si ons o f t he Tr affi c

Regulation Ordinance or any regulations made thereunder, and, 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 in terms of this sub-regulation.

(5) In the event of any infringement by a carrier of any

provision in regulations 72 to 78, the Authority shall furthermore

have the power to issue warnings to such carrier. In the event of

serious or repeated infringements, the Authority, of its own motion

or on the order of a Court of Criminal Jurisdiction may furthermore

impose on such carrier a temporary prohibition from carrying out

transport operations within Malta. Any penalty may also extend to

the withdrawal of authorisation to pursue the profession of road

passenger transport operator.

Provided that where the Authority imposes the temporary

prohibition referred to above 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 days from service thereof, make

representations in writing to the Authority giving reasons why such

a prohibition should not be imposed 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

within a period of thirty days from notification of the Authority’s

decision

Provided further that, the decision of the Authority to

prohibit the carrier from carrying out transport services in Malta

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.

(6) Whosoever shall hinder or obstruct any enforcement officer

or any other official appointed by the Authority under these

regulations 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 enforcement

officer or official 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.

(7) Any passenger of a motor route bus who commits a breach

of regulation 68I or regulation 68J shall be guilty of an offence and

shall, on conviction, be liable

(a) to a fine (ammenda) of not less than twenty euro (€20 )

for a first conviction;

(b) to a fine (ammenda) of not less than seventy euro

(€70) for a second conviction; and

(c) to a fine (ammenda) of not less than two hundred and

fifty euro (€250) but not exceeding four hundred and

fifty euro (€450) for a third or subsequent conviction

Provided that no such conviction shall be deemed to be a

second, third or subsequent conviction unless it refers to a second,

third or subsequent offence committed within twelve months from

the commission of the previous offence.

(8) Any person who commits a breach of regulation 68B(5)

shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) of not less than two hundred and fifty euro (€250) but

not exceeding four hundred and fifty euro (€450).

(9) Any person who fails to pay the penalty fare due in terms of

regulation 68G(1) and, or who refuses to give the necessary

information relating to his details to an authorised officer of the

Authority for the purposes of taking legal action against that person

in terms of these regulations, shall be guilty of an offence and shall,

on conviction, be liable to a fine (ammenda) of two hundred euro

(€200).

(10) Any person who commits a breach of regulation 42(3)(a)

and (4), of regulation 68O(10)(a) and (11), of regulation 68Q(5), of

regulation 68R(10), (11) and (12) and of regulation 69(10)(a) and

(11) shall be guilty of an offence and shall, on conviction, be liable

to a fine (ammenda) of not less than one hundred euro (€100) but

not more than five hundred euro (€500).

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 108 Penalty points and administrative penalties. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Authority shall have the discretionary power to

impose the administrative penalties prescribed in column 2 of the

Ninth Schedule and the corresponding penalty points calculated in

terms of sub-regulation (4) on any operator who contravenes the

provisions of the regulations listed in the column 1 of the Ninth

Schedule.

(2) The Authority shall have the discretionary power to impose

the administrative penalties prescribed in column 3 of the Ninth

Schedule of these regulations and the corresponding penalty points

calculated in terms of sub-regulation (4) on any driver who

contravenes the provisions of these regulations included in column

1 of the Ninth Schedule.

(3) Where a license holder or a permit holder contravenes the

same provision of these regulations on five different occasions

within a period of twelve consecutive months, the Authority shall

impose upon such licensee, in addition to the administrative

penalties prescribed in the Ninth Schedule and the corresponding

penalty points calculated in terms of sub-regulation (4), an

additional twenty penalty points.

(4) The Authority shall impose one penalty point for every ten

euro (€10) or part thereof imposed on a person by way of an

administrative penalty in terms of this sub-regulation.

(5) Penalty points and administrative penalties shall be

imposed by the Authority without recourse to a court hearing and

m a y b e i m po s e d ei t h e r a s a on e t i m e pe na lt y or on a d a i ly

cumulative basis until compliance, provided that in the latter case

the accumulated penalty shall not exceed ten thousand euro

(€10,000).

(6) The Authority shall not impose administrative penalties on

a person for a breach of these regulations in the event that

proceedings have already been instituted against such person with

respect to the said breach.

(7) Where an offence has been committed in breach of

regulations 72 to 78, both inclusive, the Authority shall impose an

administrative penalty in terms of these regulations and request the

driver to pay a deposit equal to such administrative penalty. The

Auth ority shall order the en fo rcement officer to clamp the

passenger transport vehicle by or in which such breach was

committed until such deposit has been settled in full; provided that

an official receipt shall be given by the Authority to the driver

evidencing payment of such deposit. The deposit shall be refunded

in the event that an appeal is lodged by the person on whom it is

imposed and the Tribunal revokes the administrative penalty

imposed upon such person. Where no appeal is lodged within the

time stipulated in these regulations or an appeal is lodged and the

Tribunal confirms the administrative penalty, the deposit shall be

set-off by the Authority against such administrative penalty.

(8) 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

p e r s o n p r o v e s t h a t t h e o ff e n c e w a s c o m m i t t e d w i t h o u t h i s

knowledge and that he exercised all due diligence to prevent the

commission of such breach.

(9) Where a breach of these regulations is committed by a

partnership, company or other legal person, be it corporate or

unincorporate, 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.

(10) The Authority shall, before imposing an administrative

penalty in terms of these regulations, by notice in writing inform

the person on whom the penalty is to be imposed, of its intention to

do so. Such notice shall state that the person concerned has a right

t o m ake rep resentat ions i n w rit ing, wi thi n ten days, to the

Authority giving reasons why the administrative penalty should not

be imposed 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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 109 Commission of same offence more than once in a six month period. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Notwithstanding the provisions of regulation 107(3) and

regulation 108(4), 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 penalty

points for every ten euro (€10) imposed upon him by order of the

court in terms of regulation 107 or the Authority in terms of

regulation 108, as the case may be.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 110 Right of appeal from penalty points and administrative penalties. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) A person aggrieved by the decision of the Authority

to impose administrative penalties and the corresponding penalty

points may within thirty 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, or by the Court of Appeal

in its inferior jurisdiction, in the case that an appeal 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 in its

inferior jurisdiction, 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 and, or permit granted in

terms of these regulations, the person in whose name such licence

and/or permit is granted owes the Authority a civil debt in terms of

sub-regulation (2), such licence and, or permit will not be renewed

unless and until such debt is settled in full.

(4) If at the moment that a check on compliance is carried out

by the Authority in terms of regulation 5(4), 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.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 111 No criminal action when an administrative penalty is paid. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) In the event that the Authority imposes an

administrative penalty in terms of regulation 108, and the person on

whom such penalty is imposed, pays such penalty to the Authority

within thirty days from the date of receipt of intimation to pay, no

criminal proceedings may be instituted against such person in

relation to the relative breach.

(2) No criminal proceedings for the prosecution of a breach of

these regulations shall be instituted while an appeal therefrom is

pending in front of the Tribunal.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 112 Withdrawal of operator’s licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) An operator’s licence shall be withdrawn by the

Authority, without the need of recourse to the Tribunal, if at any

time, its holder accumulates an aggregate of five hundred (500)

penalty points in terms of these regulations and, or the Light

Passenger Transport Services and Taxi Services Regulations

Provided that where an operator has more than one

passenger transport vehicle registered on his operator’s licence, the

operator’s licence shall be withdrawn either in the event that its

holder accumulates an aggregate of five hundred penalty points on

any one vehicle registered under such licence or accumulates, on

the total number of vehicles registered under his operator’s licence,

a total amount of five hundred penalty points plus an additional one

hundred penalty points per vehicle registered under such operator’s

licence.

(2) A driver’s permit shall be withdrawn by the Authority,

without the need of recourse to the Tribunal, if at any time, its

holder accumulates an aggregate of one hundred (100) penalty

points in terms of these regulations and/or the Light Passenger

Transport Services and Taxi Services Regulations.

(3) In the event that the limits referred to in sub-regulations (1)

and (2) are attained and, or exceeded, but the imposition of a

number penalty points is being appealed or may be appealed in

terms of these regulations, the licence and, or permit shall be

suspended pending the outcome of such appeal.

(4) Where, in a period of thirty-six consecutive months, an

operator or a driver incurs less than 16 penalty points per vehicle

registered under his operator’s licence, the Authority shall, on the

lapse of such period, cancel all penalty points imposed upon him in

terms of these regulations, and notify the operator or driver

accordingly.

(5)

This regulation shall not be applicable to any bus operator.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 113 Suspension or withdrawal of licence and, or permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Where criminal proceedings have been instituted against

an operator or a driver, following the conclusion of an inquiry made

by the Court of Magistrates as a court of criminal inquiry, the

licence and, or permit of such person shall be suspended until a

definitive judgment is delivered in such proceedings

Provided that where the operator and, or driver is found

guilty of the offence he is charged with the Court shall order that

the licence and, or permit of such operator and, or driver, shall be

withdrawn by the Authority.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 114 Prohibition to apply for a licence and, or permit. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Any person whose licence and, or 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 licence and, or permit before the

lapse of a period of two 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 or permit, as applicable, 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 the

Taxi Services Regulations.

PART XVI

GENERAL AND TRANSITORY PROVISIONS

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 115 Conversion of public service garage licence. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Persons who on the date of the coming into force of

these regulations hold a public service garage licence issued in

terms of the Motor Vehicles Regulations, shall have nine months

from the 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 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 of these

regulations.

(2) Persons who on the 19th May 2009 held a valid public

service garage licence issued in terms of the Motor Vehicles

Regulations or were, as at that date, otherwise licensed to operate

passenger transport vehicles by the Authority, shall be exempt from

the requirements of regulation 9(d) when converting their public

service garage licence into an operator ’s licence under these

regulations, or when applying for an Operator’s Licence for the

first time in terms of these regulations; provided that such licence

is still valid and has not been withdrawn, revoked or suspended by

the Authority as at the date of the conversion of the same into an

operator’s licence or at the date on which the operator’s licence is

issued.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 116 Operation of passenger transport vehicles in terms of regulation 28. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) Operators operating passenger transport vehicles

licensed in terms of regulation 28(4) shall have twenty four months

from the entry into force of these regulations to make such vehicles

compliant with regulation 28(1)(f).

(2) Notwithstanding the provisions of regulation 28(2)(b), a

coach which is not new shall be issued with a passenger transport

vehicle licence if

(a) the applicant has submitted an application for its

registration on or before the 30th September 2019 and

it has been issued a type-approval certificate by a

competent authority of a Member State or by any other

body approved by the Authority which certifies that

the vehicle’s emissions are classified as Euro IV or

Euro V according to Directive 2005/55/EC, or Euro VI

according to Regulation (EC) No 595/2009; or

(b) the applicant has submitted an application for its

registration on or after the 1st October 2019 and it has

been issued a type-approval certificate by a competent

authority of a Member State or by any other body

approved by the Authority which certifies that the

vehicle’s emissions are classified as Euro V according to

Directive 2005/55/EC or Euro VI according to

Regulation (EC) No 595/2009;

(c) it complies with all the other conditions imposed by

these regulations and any other applicable legislation

in force in Malta;

(d) the application is submitted by a person who holds an

Operator’s licence in terms of regulation 5 of the

Motor Vehicles (Carriage of Passengers by Road)

Regulations, 2003 * ;

(e) the applicant has submitted, at any time after the coming

into force of these regulations but before or together with

the submission of an application for a transport vehicle

licence in terms of this regulation, for each vehicle to be

licensed in terms of this regulation, an application to the

Authority in order to surrender one passenger transport

vehicle licence issued in respect of a vehicle which was

already licensed to carry passenger transport services

before the coming into force of these regulations

Provided that such coach shall only be used in the road

passenger transport operation of the Operator who has applied for

its passenger transport vehicle licence.

(3) Sub-regulation (2) shall not apply if the passenger transport

vehicle to be de-registered in terms of paragraph (e) thereof was at

any time used as a motor route bus on the island of Malta.

(4) Notwithstanding the proviso to regulation 28(2)(b), a tail-

lift van which is not new shall be issued with a passenger transport

vehicle licence if

(a) it complies with all the other conditions imposed by

these regulations and any other applicable legislation

in force in Malta, including the conditions in

regulation 28(2);

(b) the application is submitted by a person who on the

date of coming into force of these regulations holds an

operator’s licence in terms of these regulations;

(c) the applicant has submitted, at any time after the

coming into force of these regulations but before or

together with the submission of an application for a

transport vehicle licence for a tail-lift van in terms of

this regulation, for each tail-lift van to be licensed in

*Legal Notice 160 of 2003 - revoked by these regulations.

terms of this regulation, an application to the

Authority in order to surrender one passenger transport

vehicle licence issued with respect to a tail-lift van

which was already licensed to carry passenger

transport services before the 1st November 2009

Provided that such tail-lift van shall only be used in the road

passenger transport operation of the operator who has applied for its

passenger transport vehicle licence.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 117 Licence in terms of regulation 27. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) For a period of fourteen (14) years and three (3) months

from the coming into force of these regulations, the application fee for

a passenger transport vehicle licence referred to in regulation 27 shall

be made up of two (2) parts being the application fee and the entry fee,

where this is applicable, as stipulated in Part 4 of the Tenth Schedule.

The obligation of payment of the entry fee shall apply with

retrospective effect as from the 19th May of the year 2020.

(2) After the end of the period above-mentioned, the obligation to

pay the application fee stipulated in item 1 of Part 4 of the Tenth

Schedule shall continue to apply, while the entry fee stipulated in item

2 of Part 4 of the Tenth Schedule shall, where this is applicable,

continue to apply only for the licensing of passenger transport vehicles

which are not new motor vehicles.

(3) If an applicant submits an application to the Authority for a

passenger transport vehicle licence in accordance with regulation

116(2), after having surrendered a passenger transport vehicle

licence in accordance with regulation 116(2)(c), the entry fee due

for such passenger transport vehicle licence shall be reduced by the

entry fee which would be applicable to the surrendered passenger

transport vehicle licence if it were to be licensed.

For the purpose of this sub-regulation, the entry fee which

would be applicable to the surrendered passenger transport vehicle

licence shall be considered to be the applicable entry fee payable under

the same column applicable to the passenger transport vehicle which is

to be registered as a passenger transport vehicle in terms of these

regulations.

(4) Sub-regulation (3) shall not apply if the passenger transport

vehicle to be de-registered was at any time used as a motor route bus

on the island of Malta.

(5) This regulation shall not apply to passenger transport vehicles

which are licensed as motor route buses in terms of these regulations.

(6) The application fee for a Malta heritage bus referred to in

regulation 68Q shall be made up of two parts being the application fee

and the entry fee, where this is applicable, as stipulated in Part 4A of

the Tenth Schedule.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 118 Regulation 31(2) applicable to M2 and M3 vehicles. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Regulation 31(2) shall apply to M2 and M3 vehicles that

are licensed as passenger transport vehicles on the coming into

force of these regulations only as from the 1st January 2015.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 119 Vehicles to comply with regulation 34. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

Passenger transport vehicles licensed for the carriage of

passengers for hire or reward in Malta before the entry into force of

these regulations, shall have three months from the entry into force

of these regulations to comply with regulation 34.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 120 Exemption from regulation 44. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

For the purposes of regulation 44(3), a barrier installed

under the instructions of the Authority on a public service garage

van shall not, for a period of three years from the entry into force of

these regulations, be considered as an object which blocks the

emergency exit of such vehicle

Provided that for the purposes of this regulations a public

service garage van shall mean a passenger transport vehicle, which

at the time of entry into force of these regulations was registered as

such in terms of the Motor Vehicles Regulations.

Laws of Malta — Subsidiary Legislation 499.56 — PASSENGER TRANSPORT SERVICES REGULATIONS

Reg. 121 Exemption. — PASSENGER TRANSPORT SERVICES REGULATIONS Open official source

(1) The Minister may, by an order in the Gazette, exempt

any person carrying out transport operations only as an ancillary

activity, from the application of any or all provisions of these

regulations and shall, in granting such exemption impose on such

person to whom the exemption is granted any conditions which the

M i n i s t e r, a f t e r c o n s u l t a t i o n w i t h t h e A u t h o r i t y, c o n s i d e r s

appropriate.

(2) Any person who commits a breach of any of the conditions

imposed by the Minister in terms of sub-regulation (1) shall be

guilty of an offence and shall, on conviction, be liable to a fine

(ammenda) of not more than three thousand euro (€3,000).

PASSENGER TRANSPORT SERVICES

PASSENGER TRANSPORT SERVICES REGULATIONS

Table of Provisions (166)

Statutory Text (166 Articles)

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