DEPLOYMENT AND USE OF INTELLIGENT TRANSPORT SYSTEMS REGULATIONS

DEPLOYMENT AND USE

OF INTELLIGENT TRANSPORT SYSTEMS

SUBSIDIARY LEGISLATION 499.61

DEPLOYMENT AND USE OF INTELLIGENT

TRANSPORT SYSTEMS REGULATIONS

27th February, 2012 *

LEGAL NOTICE 86 of 2012.

The title of these regulations is the Deployment and Use of

Intelligent Transport Systems Regulations.

These regulations transpose the provisions of Directive

2010/40/EU of the European Parliament and of the Council on the

framework for the deployment of Intelligent Transport Systems in

the field of road transport and for interfaces with other modes of

transport.

In these regulations, unless the context otherwise requires

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

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

"the Directive" means Directive 2010/40/EU of the European

Parliament and of the Council on the framework for the deployment

of Intelligent Transport Systems in the field of road transport and

for interfaces with other modes of transport;

"Intelligent Transport System" or "ITS" means a system in which

information and communication technologies are applied in the

field of road transport, including infrastructure, vehicles and users,

and in traffic management and mobility management, as well as for

interfaces with other modes of transport;

"ITS application" means an operational instrument for the

application of Intelligent Transport Systems;

"ITS service" means the provision of an ITS application through

a well-defined organisational and operational framework with the

aim of contributing to user safety, efficiency, comfort and, or to

facilitate or support transport and travel operations;

"person" includes corporations, companies, associations, firms,

partnerships, societies, entities, and individuals;

"priority actions" means the priority actions listed in Article 3 of

the Directive;

"priority areas” means the priority areas listed in Article 2 of the

Directive.

These regulations shall apply to ITS applications and ITS

services in the field of road transport and to their interfaces with

other modes of transport without prejudice to matters concerning

national security or necessary in the interest of defence.

Intelligent Transport Systems deployed or used as part of

priority action within priority areas shall conform to the

*See regulation 1(2) of these Regulations as originally promulgated.

DEPLOYMENT AND USE

OF INTELLIGENT TRANSPORT SYSTEMS

specifications adopted in accordance with the provisions of Article

6 of the Directive and their selection and deployment shall comply

with the principles listed in Annex II of the said Directive.

(1) Without prejudice to any permit required under any

other law, no person may deploy and, or operate any Intelligent

Transport System without the approval in writing of the Authority.

(2) An application for an approval shall be made to the

Authority on the appropriate form and shall be accompanied by all

such details and documentation relevant to the system to be

deployed and, or operated.

(3) Where the Authority proposes to refuse to issue an

approval, it shall give the person who applied written notice of that

proposal and that notice shall specify the period within which the

person concerned may make representations to the Authority.

(4) The period referred to in sub-regulation (3) shall not be less

than thirty days.

(5) The Authority shall then decide whether or not to issue a

final notice of refusal.

(6) Every such notice shall be in writing and shall state the

reasons for refusing the application.

(1) Where the deployment and, or use of ITS applications

and services entail the processing and use of road, traffic or travel

data forming part of documents held by a public sector body, the

processing and use of such data shall be carried out in accordance

with the provisions of the Re-Use of Public Sector Information

Order.

(2) Where the operation of ITS applications and services

entails the processing of personal data, the processing of such data

shall be carried out in accordance with the provisions of the Data

Protection Act and any regulations made thereunder and the

Electronic Communications Networks and Services (General)

Regulations

Provided that, in order to ensure privacy, the use of

anonymous data shall be preferred, where and when possible, for

the performance of ITS applications and services

Provided further that personal data shall only be processed

insofar as such processing is necessary for the performance of ITS

applications and services.

Where issues arise related to liability for defective

products in the deployment and, or use of ITS applications and

services, the provisions of Part VIII of the Consumer Affairs Act

shall apply.