VEHICLE HIRE SERVICES REGULATIONS

SUBSIDIARY LEGISLATION 499.58

VEHICLE HIRE SERVICES REGULATIONS

19th February, 2010

LEGAL NOTICE 88 of 2010.

The title of these regulations is the Vehicle Hire Services

Regulations.

In these regulations, unless the context otherwise requires

"authorisation" means an authorisation given by the Authority

under these regulations to a vehicle hire service operator;

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

established by article 5 of the Authority for Transport in Malta Act;

"bicycle assisted by an engine" means a bicycle which is

propelled by a combination of pedals and a motor;

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

the European Union Act and includes Norway, Iceland and

Liechtenstein;

"goods carrying vehicle" means any N1, or N2 or N3 motor

vehicle;

"hire" shall include a long-term lease covered by a lease

agreement;

"hirer" means a person who is granted the right to drive a hired

motor vehicle for the duration of a hire;

"M1 vehicle" means a motor vehicle used for the carriage of

passengers and comprising no more than eight seats in addition to

the driver’s seat;

"M2 vehicle" means a motor vehicle used for the carriage of

passengers, comprising more than eight seats in addition to the

driver’s seat, and having a maximum mass not exceeding 5 tonnes;

"M3 vehicle" means a motor vehicle used for the carriage of

passengers, comprising more than eight seats in addition to the

driver’s seat, and having a maximum mass exceeding 5 tonnes;

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

"motor cycle" means a two-wheel vehicle, without or with a

sidecar, fitted with an engine having a cylinder capacity of more

than 50 cm 3 of the internal combustion type and, or having a

maximum design speed of more than 45 km/h, which, for the

purpose of these regulations, is licensed to be hired from a vehicle

hire service operator;

"motor tricycle" means a vehicle with three symmetrically

arranged wheels fitted with an engine;

"motor vehicle" means any mechanically self-propelled vehicle,

including a motor cycle, a motor tricycle and a bicycle assisted by

an engine, intended for use on the road, other than a vehicle

running on rails, which, for the purpose of these regulations, is

licensed to be hired from a vehicle hire service operator;

"N1 vehicle" means a motor vehicle used for the carriage of

goods and having a maximum mass not exceeding 3.5 tonnes;

"N2 vehicle" means a motor vehicle used for the carriage of

goods and having a maximum mass exceeding 3.5 tonnes but not

exceeding 12 tonnes;

"N3 vehicle" means a motor vehicle used for the carriage of

goods and having a maximum mass exceeding 12 tonnes;

"operator" means any person authorised by the Authority to

operate a vehicle hire service;

"passenger carrying vehicle" means any M1, M2 or M3 motor

vehicle;

"the Planning Authority" means the Planning Authority as

established under the Development Planning Act;

"vehicle hire service" means the offering of motor vehicles for

hire.

(1) No person shall operate a vehicle hire service without

an authorisation from the Authority.

(2) No such authorisation shall be given unless the applicant

intends to have registered and licensed for such purpose at least

four motor vehicles and such authorisation shall be withdrawn by

the Authority if its results in any given time that the number of

vehicles being operated under the said authorisation is less than

four vehicles.

(3)

To qualify for an authorisation, an applicant -

(a) shall have a proper office from where the service shall

be administered; and

(b) shall provide proof that he is in possession of a

premises, approved for the purpose by the Malta

Environment and Planning Authority, in which he shall

garage every motor vehicle registered and licensed in

the name of the operator whilst not hired or leased out.

(1) An application for authorisation to operate a vehicle

hire service may be made by

(a) a physical person;

(b) a partnership;

(c) a cooperative society, or

(d) a company.

(2) Every application shall be made on the prescribed form and

shall be signed

(a) where the application is made under sub-regulation

(1)(a), by the individual making the application; and

(b) where the application is made under sub-regulation

(1)(b), (c) or (d) by a person duly authorised by the

partnership, cooperative or company.

(3) An application to operate a vehicle hire service shall be

subject to a fee of twenty euro (€20) and shall include a declaration

by the applicant whereby the applicant confirms that every motor

vehicle shall be parked in a premises whilst not hired out or leased.

The applicant shall provide the address or addresses of the said

premises, together with copies of the permits issued by the Malta

Environment and Planning Authority and a floor plan of the

premises duly signed and certified by an architect and civil

engineer (perit) identifying the floor area which will be used for the

garaging of vehicles not hired or leased out.

(4) Where an operator already established in Malta applies for

any additional authorization, or where an operator established in

another Member State applies for authorisation from the Authority,

the operator shall not be required to undergo requirements and

controls which are equivalent or essentially comparable as regards

their purpose to which the applicant is already subject in Malta or

another Member State.

(5) Where an applicant is not already established in Malta or in

another Member State and proposes to act as an operator in more

than one place in Malta in the same application process (Dual

Application) or following the first application (Subsequent

Application), the applicant shall

(a) in the case of a Dual Application, not be required to

provide the information which is common to both

places more than once but shall provide any

information which is specific or particular to such

additional places; and

(b) in the case of a Subsequent Application, provide only

that information which was given in the original

application and which is at the date of such subsequent

application not valid anymore and provide that

information which is specific or particular to such

additional places in accordance with paragraph (a)

Provided that the term "applicant" shall not include those

applicants which have had their application or applications validly

and conclusively refused by the Authority.

(6) Notwithstanding anything contained in sub-regulations (4)

and (5), the applicant shall still complete any application form as

may be required by the Authority.

(1) Complete applications for authorisation shall be

acknowledged by notice in writing by the Authority within seven

days from the day of receipt and that notice shall specify

(a) the period within which the application shall be

processed in accordance with these regulations;

(b) the available means of redress where the Authority

refuses an application for an authorisation; and

(c) a statement that in the absence of a response within the

period referred to in paragraph (a), the authorisation

shall be deemed to have been granted.

(2) In the case of an incomplete application, the applicant shall

be informed within seven days of receipt about the need to supply

any additional documentation.

(1) When an application has been made in accordance with

these regulations, the Authority shall make such investigations and

carry out such inspections as are reasonably required to ensure

conformity with these regulations, and the Authority shall inform

the applicant by notice in writing by not later than fifteen days

from receipt of all the relevant documents of the Authority’s

decision on the application and, where it intends to refuse the

application, it shall give the reasons therefor

Provided that where circumstances necessitate an extension

for consideration of an application, such period may be extended

once by the Authority for a period not exceeding fifteen days and

the applicant shall be notified of the extension, its duration and the

reasons therefor.

(2) Where the Authority has not taken a decision within the

prescribed or extended period referred to in this regulation the

application shall be deemed to have been decided in favour of the

applicant.

(1) An operator may at any time give notice to the

Authority stating that, after such date as may be specified in the

notice, such operator does not propose to continue to act as an

operator under any of the authorisations granted or under such

authorisation as may be specified in the notice, and any

authorisation to which the said notice relates shall cease to have

effect on the date so specified in relation to it

Provided that where an operator opts to cease to operate the

vehicle hire service for a period of time not exceeding one calendar

month in any particular calendar year, the operator shall seek the

prior approval of the Authority, and such approval shall be granted

by the Authority if it is satisfied that reasonable grounds exist for

temporary closure

Provided further that where an operator ceases to operate

the vehicle hire service without permission from the Authority or

beyond the term allowed, the Authority may revoke the

authorisation.

(2) The Authority may at any time and on reasonable grounds

suspend, withdraw or revoke an authorisation by giving an operator

a notice in writing containing the reasons for such suspension,

withdrawal or revocation

Provided that unless there exist gross acts of misconduct or

negligence or any other serious grounds for immediate suspension,

withdrawal or revocation, the operative date of such notice shall be

not less than twenty-eight days from the date of notification.

(3) An authorisation in respect of which a notice is given in

accordance with sub-regulation (2) shall, unless it is cancelled

before that date, cease to have effect on the date specified in the

notice.

(4) Upon the termination or revocation of an authorisation, any

person previously qualifying as an operator who opts to re-apply

for authorisation shall make a fresh application and the Authority

shall be furnished afresh with any information and documents

which are to be supplied with any new application.

Any person aggrieved by any decision of the Authority not

to grant or renew, or to suspend or to revoke an authorisation, or to

impose conditions, limitations or exclusions therein or therefor,

shall have the right to enter within twenty-one days from the

notification of such decision an appeal before the Administrative

Review Tribunal established under the Justice Administrative Act.

An authorisation granted under these regulations may not

be assigned or transferred in any way whatsoever to any other

person, and any such assignment or transfer to any other person

shall be considered null and void and shall constitute sufficient

grounds for the Authority to cancel that authorisation.

(1) Save for the provisions of regulation 7, the Authority

shall renew an authorisation already granted every year upon the

payment of a renewal fee as provided for under Part II of the First

Schedule to the Police Licences Regulations. The said fee shall be

collected on account of the Government.

(2) An operator who fails to have his authorisation renewed

within thirty days from the date of expiry of that authorisation shall

be deemed to have been operating without an authorisation during

the interval between the date of expiry of the authorisation held by

him and the date in which the authorisation is actually renewed.

(3) A copy of the authorisation shall be constantly kept on the

premises to which it refers and shall be posted up and

conspicuously displayed in the premises.

(1) Any person who contravenes regulation 3(1) shall be

guilty of an offence and shall be liable upon conviction, to a fine

(multa) not exceeding ten thousand euro (€10,000).

(2) Where an operator does not comply with the provisions of

regulation 10(2), he shall be guilty of an offence, and shall be

liable, upon conviction, to a fine (multa) not exceeding one

thousand euro (€1,000) and to a further penalty of fifty euro (€50)

for each day the authorisation remains not renewed.