LIGHT PASSENGER TRANSPORT SERVICES AND VEHICLE HIRE SERVICES REGULATIONS

VEHICLE HIRE SERVICES

SUBSIDIARY LEGISLATION 499.68

LIGHT PASSENGER TRANSPORT SERVICES AND

VEHICLE HIRE SERVICES REGULATIONS

4th September, 2020

LEGAL NOTICE 366 of 2020 as amended by Legal Notices 344 of

2021, 336 of 2022 and 111, 186 and 246 of 2023, 269 and 333 of 2024 and

148 and 182 of 2025.

Regulations

Part I

Preliminary

2 – 4

Part II

Operator’s Licence for Light Passenger Transport

5 – 14

Services

Part III

Light Passenger Transport Services: Obligations

15 – 37

and Requirements of the Operator

Part IV

Driver’s Permit

38 – 45

Part V

Operator’s Licence for Vehicle Hire Services

46 – 49

Part VI

Vehicle Hire Services: Obligations and Require-

50 – 55

ments of the Operator

Part VII

The Light Passenger and Vehicle Hire Services

56 - 57

Register

Part VIII Licensed Vehicles

58 - 63

Part IX

Booking Platforms

64 – 66

Part X

Offences and Penalties

67 - 74

Part XI

General and Transitory Provisions

75 - 77

SCHEDULES

First Schedule Fees

Second Schedule Sign denoting that the vehicle is a wheelchair accessible light

passenger transport vehicle

Third Schedule List of subjects to be covered in the training course

Fourth Schedule Administrative Penalties

The title of these Regulations is the Light Passenger

Transport Services and Vehicle Hire Services Regulations.

PART I

PRELIMINARY

(Regulations 5(4), 42(b), 44(5), 44(6), 65(4))

FEES

Application fee for Light Passenger Transport Vehicle

Services Operator Licence (under Part II)

€200

Renewal fee for Light Passenger Transport Vehicle

Services Operator Licence (under Part II)

€200

Transfer of Operator Licence (under Part II)

€50

Changes in Licence (under Part II)

€25

Reissuing lost Licence (under Part II)

€10

Application for granting and renewal of driver’s tag

(under Part IV)

€12

Replacement of lost driver’s tag (under Part IV)

€12

VEHICLE HIRE SERVICES

Application fee for Vehicle Hire Services Operator

Licence (under Part V)

€200

Renewal fee for Vehicle Hire Services Operator Licence

(under Part V)

€200

Transfer of Operator Licence (under Part V)

€50

Changes in Operator Licence (under Part V)

€25

Reissuing lost licence

€10

Application fee for a Passenger Transport Vehicle

Licence

(under Part VIII

€25

Application fee for Intermediary Booking Platform

Service (under Part IX)

€100

Renewal Fee (under Part IX

€100

In these regulations, unless the context otherwise

requires

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

"Authority" means the Authority for Transport in Malta

as established by article 5 of the Authority for Transport in

Malta Act;

VEHICLE HIRE SERVICES

"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;

"authorised inspecting officer" means a Police officer, a

community officer or an officer of the Authority;

"bus stop" shall have the same meaning as assigned to it

in the Passenger Transport Services Regulations;

"car sharing vehicle’ means a vehicle which is licensed

under a car-sharing operator’s licence to be hired from a car

sharing operator for the purpose of being driven by the hirer

from one car sharing parking space designated for such purpose

by the Authority to another car sharing parking space designated

for such purpose by the Authority;

"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 passenger transport and, or vehicle rental services;

"driver’s permit" means a permit issued by the Authority

to drivers in terms of Part IV;

"driver’s tag" means a tag issued by the Authority to a

driver in terms of Part IV;

''e-kickscooter sharing services'' means a short term rent

by a user of an e-kickscooter provided by an e-kickscooter

sharing operator licensed by the Authority; e-kickscooter

sharing services may be provided either as a free-floating

service or as a docking station sharing service;

''electric kick scooter'' or ''e-kickscooter'' means a stand-

up device that has a handlebar, a deck and small hard wheels

powered by an electric motor and which also allows for human

propulsion;

"European Union" means the "European Union" as defined

in article 2 of the European Union Act and shall also include

Norway, Iceland and Liechtenstein;

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

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

permitted by the relevant planning authority permit;

VEHICLE HIRE SERVICES

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

motor vehicle;

"hire" shall include short lease and long-term lease

covered by a lease agreement;

"hire or reward" means payment made for the carriage of

passengers other than on own account, that is to say against

payment or compensation by the person being transported or by

the hirer, whether such payment or compensation is made

directly or indirectly;"hirer" means a person who is granted the

right to drive a hired motor vehicle for the duration for which a

motor vehicle is rented or taken out on lease;

"intermediary booking service platform" means a

platform whereby light passenger transport services may be

booked by customers from operators of light passenger

transport services through an intermediary holding an

authorisation for such purpose from the Authority;

"light passenger transport vehicle", for the purpose of

these regulations, means such vehicles driven by a person

holding a driver’s permit who is employed by an operator for

the purpose of the conveyancing of passengers; said vehicles

are registered under Section 1 of Part IV of the Light Passenger

and Rental Services Register;

"light passenger transport services" means the

conveyancing of passengers for payment or reward by means of

chauffeur-driven vehicles which are registered under an

operator’s licence;

"light passenger transport services operator " means any

person, whether natural or legal, who is authorised by the

Authority to operate a light passenger transport service;

"limousine" means a luxury passenger vehicle which

either has a chassis or wheel-base that has been stretched, or is

a sedan which is promoted as a luxury vehicle by its

manufacturer, and for the purpose of this regulation shall in any

case have an overall length that exceeds 5.15m;

''low-powered cycle'' means a vehicle, having a kerbside

weight not exceeding 350 kg, which is either propelled only by

pedals in the case of a bicycle or tricycle, or by a combination

of pedals and a motor in the case of a power assisted bicycle or

tricycle, or by a combustion engine of a piston displacement

capacity of 50 cm³ or less, and a maximum of two brake

horsepower, or an electric motor with a maximum net power

output of 1.49Kw, which is capable of a maximum speed of not

more than 45 km per hour in the case of a motorised scooter or

VEHICLE HIRE SERVICES

cycle;

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

of passengers and comprising no more than eight (8) 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

five tonnes;

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

of passengers, comprising more than eight (5) seats in addition

to the driver’s seat, and having a maximum mass exceeding 5

tonnes;

"motorcycle" means any two-wheeled vehicle fitted with

an engine having a cylinder capacity of more than 50cm³ if of

the internal combustion type and, or having a maximum design

speed of more than 45 km/h;

"motor tricycle" means a vehicle with three

symmetrically arranged wheels (category L5e) fitted with an

engine having a cylinder capacity of more than 50cm 3 if of the

internal combustion type and, or a maximum design speed of

more than 45 km/h;

"motor vehicle" means any mechanically self-propelled

vehicle, including a motor cycle, a motor tricycle and a low-

powered cycle, intended for use on the road, other than a vehicle

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

licensed to be be used for the purpose of providing light

passenger transport services or to be hired from a vehicle hire

operator;

"motor vehicle for hire" means any motor vehicle which

is registered and licensed to be hired for the purpose of being

driven by such hirer;

"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;

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

regulations, a motor vehicle which has never been registered in

VEHICLE HIRE SERVICES

any country;

"operating centre" means the administrative offices from

which the operator co-ordinates and controls the passenger

transport and, or vehicle rental services it supplies and in which

all records relating to such services are kept;

"operator" means any person, whether natural or legal,

who is authorised by the Authority to operate either a light

passenger transport service or a vehicle hire service, or both;

"parking disc" shall have the same meaning as assigned

to it in the Controlled Parking Schemes (Residents and

Commercial) Regulations;

"passenger" means a person who is carried in a light

passenger transport vehicle for hire or reward;

"Planning Authority" means the Planning Authority as

established under the Development Planning Act;

"ply for hire" means to drive a light passenger transport

vehicle on the road to search for, or be available for, hire;

"priority vehicle lane" means an area of carriageway

reserved for vehicles on priority duty;

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

of public thoroughfare;

"Register" means the Light Passenger and Vehicle Hire

Services Register set up in terms of Part VII;

"special purpose vehicles" shall have the same meaning

as assigned to it in Annex II of Directive 2007/46/EC;

"stand for hire" means, in the case of a light passenger

transport vehicle, to wait in a stationary position in order to

entice and accept requests for hire;

"surveillance camera" means a camera which captures

images and projects those images into an electric signal to be

further processed;

"taxi stand" shall have the same meaning as assigned to

it in the Taxi Services Regulations;

"tracking device" means, for the purpose of these

regulations, any individual device that monitors the

geographical position, functioning or operation of a light

passenger transport vehicle;

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"Tribunal" means the Administrative Review Tribunal

established in terms of article 5 of the Administrative Justice

Act;

"vehicle hire operator " means any person, whether

natural or legal, who is authorised by the Authority to operate a

vehicle hire service;

"vehicle hire service" means the offering of motor

vehicles for hire;

"vintage vehicle" means an authentic and genuine vehicle

with an age of thirty years or more (to be reckoned from the date

of manufacture), as certified by the vintage vehicle classification

committee, which is kept in a state which is as close as possible

to its original state as produced by the manufacturer and which

respects the spirit of classic and vintage vehicle preservation.

(Regulation 37(3))

Wheelchair accessible sign

(1)

When considering an application for –

(a)

an operator’s licence, or

(b)

a driver’s permit,

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 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 or the Authority for Transport in Malta Act or any

subsidiary legislation made thereunder, 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.

VEHICLE HIRE SERVICES

(Regulation 40(1)(a))

PART 1

List of subjects to be covered in the training course to obtain a

driver’s permit referred to in regulation 40(1)(a)

1. Knowledge of vehicle characteristics and safety features

including, inter alia

a.

Knowledge of the characteristics of the

transmission (gear) systems enabling a driver to make the best

possible use of them;

b.

Knowledge of the technical characteristics and

operation of the safety controls in order to control the vehicle

(compliance with safety and security procedures), minimise

wear and tear and prevent vehicle malfunction; and

c.

Ability to optimise fuel consumption and ECO

driving skills.

2. Safety of driver, passengers and other road users

including

a.

Ability to ensure passenger comfort and safety

including particular behaviour with elderly and passengers with

special needs;

b.

Knowledge of legislation regulating the carriage of

passengers, including a thorough knowledge of the Light

Passenger Transport Services Regulations;

c.

Ability to assess and deal with emergency

situations, including

i.

First

aid/CPR

(cardiopulmonary

resuscitation)

ii.

Aggressive

or

drunken

behaviour

by

passengers.

iii.

Dealing with accidents

d.

Ability to prevent and deal with criminality,

including

i.

Refusal by the passenger to pay the fare or

tariff

ii.

Passengers

requesting

information

on

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illegal activities.

iii.

Passengers requesting over-speeding.

iv.

Passengers

requesting

overloading

of

passengers

e.

Correct use of speed;

f.

Physical fitness to drive a light passenger

transport vehicle; and

g.

Awareness of the risks on the road and accidents

at work.

3. Routes and destinations

a.

Thorough knowledge of routes, including the

ability to provide shortest route and alternate routes; and

b.

Basic knowledge of prime tourist and commercial

locations across Malta and Gozo

4. Interpersonal skills including

a.

Customer Care

b.

Politeness

c.

Personal cleanliness

5. Languages and competences

a.

The ability to communicate in either Maltese or

English

b.

Basic computer literacy skills and adeptness

within the use of e-mails, internet, navigation systems, digital

applications and software.

6. Optional training with respect to the use of a wheelchair

accessible light passenger transport vehicles

a.

Maintaining wheel belts or wheel clamps in good

working order; and

b.

Ability to safely install the wheelchair in the

vehicle, backing the chair to the "fold down" seats, then

securing both wheelchair brakes, secure seat belts/safety

harness and also secure wheel belts/clamps if fitted to vehicle,

ensure that the wheelchair and the person making use thereof

are secure.

VEHICLE HIRE SERVICES

PART 2

Organisation of the Examination

The Authority or a body approved by the Authority shall organise a

compulsory examination which may be written or oral to establish

whether the applicant has achieved the required level of knowledge

in the subjects listed in Part I.

(1)

These regulations shall regulate light passenger

transport services for hire and reward and vehicle hire services only.

(2)

Car sharing services and e-kickscooter sharing services

are excluded from the scope of these regulations.

PART II

OPERATOR’S LICENCE FOR LIGHT PASSENGER

TRANSPORT SERVICES

(Regulation 68)

ADMINISTRATIVE PENALTIES

Column 4

Column 1

Column 2

Column 3

Administrative

Administrative

Administrative

Penalties for

Penalties for

Penalties for

Light Passenger

Vehicle Hire

Light Passenger

Regulation

Transport

Services

Transport

Operator

Operator

Drivers

Licence Holder

Licence Holder

(€)

(€)

(€)

regulation

6(6)

regulation 10

regulation 11

regulation 15

regulation 16

regulation 17

regulation

17(1), (3)

regulation

17(2)

regulation 18

regulation 19

regulation 20

regulation 21

regulation 22

regulation 23

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regulation 24

regulation 25

regulation 26

regulation 27

regulation 28

regulation 29

regulation 30

regulation 32

regulation 33

regulation 34

regulation 35

regulation 36

regulation 37

regulation 51

1,500

regulation 52

regulation 53

regulation 54

regulation 55

regulation 57

(1)

No person shall carry out light 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 light passenger transport

VEHICLE HIRE SERVICES

services and satisfies the conditions of these regulations and other

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 may be

transferred at a fee stipulated in Part 1 of the First Schedule, with the

approval and written authorisation of the Authority, to any other

person that satisfies the criteria established by law for the issuance of

such a licence.

(4)

Once issued, an operator’s licence shall remain valid

unless it is revoked, suspended or surrendered, provided that the

operator submits to the Authority, within one (1) month preceding the

first year from the issue of the said licence, and every subsequent year,

an application for renewal which shall include

(a)

a conduct certificate issued by the police;

(b)

the applicable fee as stipulated in the First

Schedule;

(c)

in the case of an application for a renewal of an

operator’s license registering less than five (5) motor vehicles,

the operator applying for such a renewal shall provide a form

signed by him within which he shall provide

(i)

a declaration that he has at his

disposal the exclusive use of the garaging facility

indicated on his license and specify under which

title he is making exclusive use of the described

facility;

(ii)

the address of his operational

centre;

(iii) the address of the site and the site

plan of each garaging facility described;

(iv) the total number of parking spaces

for each garaging facility;

(v)

a declaration that these parking

spaces are sufficient to park all the light passenger

transport vehicles registered under the operator’s

license

Provided that when such operator declares that the

title under which he makes exclusive use of the described

facility in terms of sub-paragraph (i) is not a title of absolute

ownership, such operator shall also provide a declaration signed

by the owner and, or any co-owner, wherein said person

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declares that he is authorising such operator to enjoy the

exclusive use of the described facility for a period that covers

not less than twelve (12) months from the issuance of the

license.

(d)

in the case of an application for renewal of an

operator’s license registering five (5) motor vehicles

or more, the operator applying for such a renewal

shall provide a form signed by him within which he

shall provide

(i)

a declaration that he has at his

disposal the exclusive use of the garaging facility

indicated on his license and specify under which

title he is making exclusive use of the described

facility;

(ii)

the address of his operational centre;

(iii) the relative development permit

approving the use of the garaging facility in which

the motor vehicles are parked as a public service

garage, and provide the details of any such permit;

(iv) the address of the site and the site

plan of each garaging facility described;

(v)

the total number of parking spaces

for each garaging facility;

(vi) a declaration that these parking

spaces are sufficient for the parking of all the light

passenger transport vehicles that are registered

under the operator’s license; and

(vii) a report signed by a warranted

architect that confirms the validity of the details

submitted in terms of sub-paragraphs (i) to (vi) of

this paragraph in relation to each garaging facility

described in the operator’s license

Provided that when such operator declares that the

title under which he makes exclusive use of the described

facility in terms of sub-paragraph (i) is not a title of absolute

ownership, such operator shall also provide a declaration signed

by the owner and, or any co-owner, wherein said person declares

that he is authorising such operator to enjoy the exclusive use of

the described facility for a period that covers not less than

twelve (12) months from the issuance of the license.

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(e)

a declaration signed by the operator by virtue of

which he confirms that he still satisfies the requirement of good

conduct and repute and that from the date of 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.

(1)

An applicant for an operator’s licence shall,

before being granted the licence, satisfy the Authority that he is of

good repute and conduct.

(2)

Every applicant for an operator’s licence not being a

natural person must indicate a designated person. The designated

person may be the applicant himself, where the applicant is a physical

person, or, where the applicant is a juridical person, the designated

person may be a member or an official of such juridical person.

(3)

(a)

Where the applicant for an operator’s licence is a

limited liability company, the requirements of sub-regulation (1) must

be satisfied by all the directors of the company as well as 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) must be satisfied by all the partners as well as 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) must be satisfied by

all persons having the legal and, or juridical representation of

such legal person as well as by the designated person.

(4)

Where a designated person ceases to continuously and

effectively manage the light vehicles passenger transport services

operation, the operator shall, within twenty-one (21) days from that

occurrence, notify the Authority in writing and the Authority shall

allow a period not exceeding three (3) months within which the

operator shall appoint another designated person who shall comply

with the provisions of sub-regulation (1).

(5)

Where a person, other than the designated person, who is

required to fulfil the requirement stipulated in sub-regulation (1),

ceases to occupy his post, the operator shall, within twenty-one (21)

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 fulfil the requirements of these

regulations.

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(6)

Any person holding an operator’s licence issued by the

Authority as well as the designated person shall be obliged to inform

the Authority in writing of any conviction against him, the designated

person or any person referred to in paragraphs (a), (b) or (c) of sub-

regulation (3), as the case may be, of any offence contemplated in

paragraph (a) of sub-regulation (1) of regulation 9 within twenty-one

(21) days from that conviction or, when an appeal is entered, within

twenty (20) days from when such appeal is decided.

(7)

Any person who contravenes sub-regulation (6) shall be

guilty of an offence.

(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 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 for which the applicant

and, or the persons mentioned in regulation 6(2) and, or 6(3)

may have been sentenced together with the punishment thereof

Provided that where the applicant and, or the persons

mentioned in regulation 6(2) and, or 6(3) 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 derive

shall suffice

Provided further that where the country of origin or the

country from where such persons derive 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

person derives. Such authority or notary shall issue a certificate

attesting the authenticity of the declaration on oath or solemn

declaration;

(b)

particulars of the number and class or description

of all light passenger transport vehicles available for use in the

relevant light passenger transport services business or proposed

business. The said vehicles shall be registered with the

Authority;

(c)

a declaration giving the details of of its operating

centre;

(d)

in the case of an application for an operator’s

license registering less than five (5) motor vehicles, the

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applicant shall submit a form signed by him within which he

shall provide

(i)

a declaration that he has at his

disposal the exclusive use of the garaging facility

indicated on his license and specify under which

title he is making exclusive use of the described

facility;

(ii)

the address of his operational

centre;

(iii) the address of the site and site plans

of each described garaging facility;

(iv) the total number of parking spaces

for each garaging facility;

(v)

a declaration that these parking

spaces are sufficient for the parking of all the light

passenger transport vehicles that are registered

under the operator’s license

Provided that when an applicant declares that the

title under which he makes exclusive use of the described

facility in terms of sub-paragraph (i) is not a title of absolute

ownership, the applicant shall also provide a declaration signed

by the owner and, or any co-owner, wherein said person

declares that he is authorising the applicant to enjoy the

exclusive use of the described facility for a period that covers

not less than twelve (12) months from the issuance of the

license.

(e)

in the case of an application for an operator’s

license registering five (5) motor vehicles or more,

the applicant shall submit a form signed by him

within which he shall provide

(i)

a declaration that the applicant has

at his disposal for his exclusive use the garaging

facility indicated on his license and specify under

which title he is making exclusive use of the

described facility;

(ii)

the address of his operational

centre;

(iii) the relative development permit

approving the use of the garaging facility in which

the motor vehicles are parked as a public service

garage, and provide the details of any such permit;

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(iv) the address of the site and site plans

of each described garaging facility;

(v)

the total number of parking spaces

for each garaging facility;

(vi) a declaration that these parking

spaces are sufficient to park all the light passenger

transport vehicles that are registered under the

operator’s license; and

(vii) a report signed by a warranted

architect that confirms the validity of the details

submitted in terms of sub-paragraphs (i) to (vi) of

this paragraph in relation to each garaging facility

described in the operator’s license

Provided that when an applicant declares that the

title under which he makes exclusive use of the described

facility in terms of sub-paragraph (i) is not a title of absolute

ownership, the applicant shall also provide a declaration signed

by the owner and, or any co-owner, wherein said person declares

that he is authorising the applicant to enjoy the exclusive use of

the described facility for a period that covers not less than

twelve (12) months from the issuance of the license.

(2)

The documents prescribed in sub-regulation (1)(a) shall

not be accepted if produced more than three months after the 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 payment of the fee stipulated in the First

Schedule

Provided that where the operator shall have more than one

(1) garaging facility, the application fee shall nevertheless be as

stipulated in the First Schedule for all garaging facilities.

(5)

In the event that an operator, in addition to an operator’s

licence for light passenger transport services issued in terms of Part II ,

also holds an operator’s licence for vehicle hire services in terms of

Part V, he shall be liable to the payment of the relative fee for both

operator’s licences.

VEHICLE HIRE SERVICES

(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 light passenger transport vehicle covered

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

vehicle and shall be produced by the driver upon demand by an

authorised 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

(10) 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 twenty (20) days from its notification.

(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;

(v)

articles 37, 38, 44, 50 and 61 of the Malta

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Armed Forces Act;

(b)

for such period during which he is serving a

sentence of imprisonment of at least one (1) month;

(c)

for such period immediately following time spent

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

least one (1) month imposed on such person for a crime or

crimes connected with violence committed on a person, which

period shall be

(i)

of three (3) months for sentences of

imprisonment for a term of at least six (6) months and not

more than two (2) 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 (2)

years

Provided that where the applicant was less

than eighteen (18) 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 (2) 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

(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; or

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(d)

a 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 (3) years before the date of

application for an operator’s licence where the applicant has

rehabilitated himself by means of a rehabilitation program and

the applicant shall have no other sentence in these three (3)

years.

An operator shall maintain up to date and comprehensive

records relating to all aspects of the light passenger transport services

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

statutory documents and books of accounts and employment or

contracts of service agreements, at the operating centre.

The number of light passenger transport vehicles

authorised on the operator’s licence may be varied at any time upon a

request made in writing by the operator to the Authority; and upon

approval he shall pay the fee stipulated in Part 1 of the First Schedule.

(1)

The Authority shall have the power to carry out

random checks, whenever it deems necessary, in order to verify that an

operator is carrying out his operations in accordance with the

provisions of these regulations. 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 specify, to answer questions and provide information and

documentation with respect to the light passenger transport services of

the operator. The Authority may take and keep copies of any

documents furnished or provided under this regulation. A statement

made and documentation provided in pursuance of this regulation may

be used as evidence against the operator as well as against any person

to whom they may relate. Such persons shall comply forthwith, and in

no case later than twenty-four (24) 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 issuance of a

licence or any other matter connected thereto; or

(b)

where the holder has breached any of the

conditions of the licence and has not remedied such breach in

spite of having been given written notice of the breach and a

reasonable time in which to do so

Provided that, unless there exist gross acts of

misconduct or negligence or any other serious grounds for

immediate suspension, withdrawal or revocation, the operative

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date of such notice shall be not less than twenty-eight days from

the date of notification.

(3)

Where an operator’s licence is suspended by the

Authority of its own motion for any reason established in sub-

regulation (2), the operator may apply for the suspension to be removed

following the lapse of fifteen (15) days from the date when the breach

leading to the suspension of the licence has been duly remedied to the

satisfaction of the Authority.

(4)

Any operator whose licence 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 before the lapse of a period of two (2) 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 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 other regulations made under the Act.

(5)

An operator’s licence shall be revoked where the holder

no longer satisfies the conditions laid down in regulation 6(1)

Provided that where the operator is not considered to be

of good repute and conduct solely because any of the persons listed in

regulations 6(3) and, or 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 (3) 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.

(6)

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 (10) 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

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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 twenty (20) 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 an operator’s 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 but, until such time, the licence shall remain suspended.

(1)

Any authorised inspecting officer of the

Authority, upon the direction and under the authorisation of the

Authority, may enter the operating centre of the operator for the

purpose of obtaining information or documents which indicate

whether the operator is complying with his obligations in terms of

these regulations.

(2)

No authorised inspecting officer of the Authority may

enter an operating centre after seven o’clock in the evening and before

seven o’clock in the morning, unless there is reason to believe that

delay could cause the loss of necessary information and the search is

expressly authorised 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 may

relate.

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 continuance of the light passenger transport services

operation on a temporary basis for a maximum period of nine (9)

months until the licence is transferred in the name of a third party.

VEHICLE HIRE SERVICES

PART III

LIGHT PASSENGER TRANSPORT SERVICES: OPERATORS’

OBLIGATIONS AND REQUIREMENTS

(1)

No light passenger transport vehicle shall stand or

ply for hire.

(2)

Light passenger transport services may only be sold or

booked from authorised commercial premises, from the operator’s

offices or operating centre, online, by web application, by telephone,

by mail or through authorised intermediaries.

(3)

No person shall sell, or cause or permit another person to

sell, light passenger transport services on the road.

(4)

No person shall solicit, whether directly or indirectly, any

other person in any location for any light passenger transport service.

(1)

The fees levied for the provision of light passenger

transport services are to be publicised on the operator’s website and all

other marketing media by virtue of which an operator chooses to

advertise such services.

(2)

Furthermore, when such services are booked by means of

telephone, email or online, the prospective hirer shall have the right to

request the precise amount of the fee which the operator shall levy for

the requested service and the operator shall not have the right to charge

a fee which is higher than the declared fee unless the hirer increases the

length of the booked trip.

(1)

An operator shall ensure that any light passenger

transport vehicle used in his operations in terms of his operator’s

licence shall, while it is not in use be garaged or parked off-street in

the garaging facility described in accordance with his license

Provided that a light passenger transport vehicle that is

not in use, but which is being driven by a driver who is available to be

booked for hire during his working time or shift, or which is parked in

accordance with the provisions of sub-regulation (2), shall not be

required to be garaged or parked off-street.

(2)

Without prejudice to sub-regulation (1), a light passenger

transport vehicle that is not in use may be left parked legally on the

road

(a)

for a limited time not exceeding sixty (60)

minutes, provided that the driver of the vehicle shall exhibit a

parking disc on the surface of the dashboard in a clear and

visible position from the outer side of the windscreen and the

driver shall set the parking disc to show as correctly as possible

the time of his leaving the vehicle parked; and

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(b)

at a straight line distance of not less than two

hundred and fifty (250) meters from the taxi stands situated at

the following locations

(i)

at all passenger ship berthing sites;

(ii)

at the Malta International Airport; and

(iii)

in King Edward VII Avenue in Floriana;

and

(c)

at a straight line distance of not less than one

hundred (100) meters from all other taxi stands; and, or

(d)

at a straight line distance of not less than fifteen

(15) metres from any bus stop

Provided that this sub-regulation shall not apply to that

time during which the driver of the vehicle is boarding passengers onto

the vehicle or alighting passengers from the vehicle

Provided further that the time requirement stipulated in

this sub-regulation shall not be applicable as long as the driver is and

remains in the vehicle. However, the requirement of distance shall

continue to apply.

(3)

For the purpose of ensuring compliance with the distance

requirement stipulated in this regulation, the Authority shall have the

right to require light passenger transport service operators and holders

of an authorisation to act as an intermediary booking service platform

not to communicate by any means any booking requests or any related

information to drivers that are located with their vehicles within the

prohibited distances from taxi stands and bus stops.

(4)

In the event that the operator is unable to make use of the

garaging facilities described under his license, he shall within seven

(7) days bring this fact to the attention of the Authority. The Authority

may grant the operator time to find alternative garaging facilities

which shall be subject to the approval of the Authority.

(5)

In the event that an operator applies to register further

light passenger vehicles under an existing license, he shall ensure that

any such further vehicles may be accommodated within the existing

garaging facilities described in his license. In the event that the

operator’s existing garaging facilities are insufficient to accommodate

the increased number of motor vehicles, the operator shall apply to the

Authority for the authorisation regarding the addition of the garaging

facilities necessary to accommodate the increased number of vehicles.

(6)

Any application in accordance with sub-regulations (4)

and (5) shall be accompanied by all the information and

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documentation required in accordance with the provisions of regulation

7(1)(d) and (e), together with the payment of the necessary fees.

(1)

The operator shall be obliged to keep a log of the

following information

(a)

the date and the time of departure and arrival of

each light passenger transport vehicle hired from the operator;

(b)

the name and driver’s permit number of the driver

rendering the light passenger transport service;

(c)

the name and relative details of the hirer.

(2)

The operator shall be obliged to keep the record as

stipulated in sub-regulation (1) for a period of one (1) year or as may be

prescribed by the Authority from time to time.

An operator shall not have the right to refuse to provide

light passenger transport services to any hirer except on reasonable

grounds, including, when it is clear from his demeanour, that the hirer

is under the influence of drugs or alcohol or where the safety and

security of the driver may be at risk.

(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.

A driver shall drive the light passenger transport vehicle

in a prudent manner so as not to create anxiety in passengers or make

the passengers feel, in any way, unsafe.

Drivers shall ensure that all doors are securely closed

whilst the light passenger transport vehicle is in motion.

Drivers shall not allow passengers to board or alight from

the light passenger transport vehicle unless that vehicle is at a complete

standstill.

A driver shall not play any audio device while carrying

passengers on a light passenger transport vehicle, unless this has been

agreed to with the hirer.

A driver shall always act and behave in a manner which is

respectful towards passengers.

It is forbidden to replenish the fuel supply of any light

passenger transport vehicle when passengers are on board.

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(1)

No passenger and, or driver may smoke while a

light passenger transport vehicle is being used on hire.

(2)

Every light 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 said vehicle.

(1)

Where a light passenger transport vehicle is fitted

with a surveillance camera, the camera shall be positioned in a way as

to capture the back seat area of the vehicle.

(2)

Light passenger transport vehicles fitted with a

surveillance camera shall have affixed, in a place which is clearly

visible to the passengers, a sticker denoting that the said vehicle is

fitted with a surveillance camera.

(3)

The surveillance camera shall be operated according to

any specifications which may be issued by the Authority from time to

time.

(4)

The Police and the Authority may use any such recording

as evidence in any case brought before the courts of criminal

jurisdiction or in any case brought against a licence holder or driver for

an infringement of these regulations.

In the event that the driver finds any property which may

have been left by a passenger, he shall be obliged to hand over such

property to the operator at the operating centre with immediate effect

and the operator shall be obliged to communicate with the hirer in

order to inform him of the lost property and make arrangements for its

consignment.

No driver shall carry a number of persons in the light

passenger transport vehicle in excess of the number established in the

vehicle’s registration certificate.

Drivers may, when driving a light passenger transport

vehicle, use the lane of a carriageway indicated as a priority vehicle

lane.

No driver shall drive any light passenger transport

vehicle while wearing, or using on both ears, earphones or headphones

or any other device which may hinder or is likely to hinder that person

from hearing properly, with the exception of two-way communication

systems and hands-free devices.

(1)

Every light passenger transport vehicle shall be

kept clean at all times by the operator.

(2)

Every operator shall ensure that light passenger transport

vehicles registered under his operator’s licence, including the

equipment fitted thereon, are maintained in good order and in a good

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state of repair at all times.

No petrol or any other inflammable liquid or material may

be carried in a light passenger transport vehicle.

An operator shall ensure that every light passenger

transport vehicle registered in his name shall, at all times, carry a fire

extinguisher, a security triangle, and a first-aid kit, in such a position as

to be available for immediate use in cases of emergency.

(1)

An operator shall ensure that a tracking device is

installed in each of the light passenger transport vehicles registered in

his name and that such tracking device is kept in good working

condition at all times and that any faults or breakdowns are reported

immediately to the Authority.

(2)

The operator shall not tamper with, nor allow any driver

or third party to tamper with, the tracking devices installed in the light

passenger transport vehicles registered in his name.

(3)

When the tracking device installed in a light passenger

transport vehicle is in any way defective or tampered with, the operator

shall immediately withdraw such vehicle from service until the

tracking device is repaired or replaced.

(4)

The driver shall keep the tracking device switched on at

all times while the vehicle is being used for the conveyancing of

passengers and shall cause the device to record and transmit all such

information as may be prescribed by the Authority. This information

shall be retained by the operator for such period of time as may be

prescribed by the Authority.

(5)

The operator shall, at 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 tracking device shall be inspected by the Authority or

a body approved by the Authority, to ensure that it conforms to the

technical specifications which are established by the Authority from

time to time and upon establishing such conformity, an official seal

shall be placed on such tracking device by the Authority or by 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.

(1)

Any person offering services for the transport of

wheelchair-bound persons with the use of light passenger transport

vehicles shall be duly registered and authorised for such purpose by the

Authority.

(2)

The Authority shall only register and license as

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wheelchair accessible light passenger transport vehicles such vehicles

which allow easy and unaided access to persons who make use of

wheelchairs.

(3)

No motor vehicle other than those duly licensed as a

wheelchair accessible light passenger transport vehicle shall carry the

sign prescribed in the Second Schedule or any similar sign which may

mislead the public to believe that the particular motor vehicle is a

wheelchair accessible light passenger transport vehicle.

PART IV

DRIVER’S PERMIT

No person shall act as a driver of light passenger

transport vehicles unless he is in possession of a valid driver’s permit

issued in accordance with these regulations.

(1)

An applicant for a driver’s permit shall, before

being granted the authorisation, satisfy the Authority that he is

(a)

certified as medically fit to drive;

(b)

in possession of the requisite skills to act as a driver

in terms of regulation 40; and

(c)

of good conduct and repute.

(2)

In order to drive an M1 vehicle a driver shall be in

possession of a valid driving licence issued by the Authority or by the

competent authority of any other Member State of the European

Union.

(3)

In order to drive a motorcycle or a motor tricycle a driver

shall be duly licensed in accordance with the Motor Vehicles (Driving

Licences) Regulations.

(4)

A driver shall be obliged to satisfy the conditions of this

regulation at all times during the validity of the permit.

(5)

Any driver holding a driver’s permit issued by the

Authority shall be obliged to inform the Authority in writing of any

conviction against him of any offence referred to in regulation 9(1)(a)

within twenty-one (21) days from such conviction or, when an appeal is

entered, within twenty (20) days from when such appeal is decided.

(6)

Any driver who contravenes sub-regulation (3) shall be

guilty of an offence.

(1)

An applicant for a driver’s permit shall be

considered to have the requisite skills to act as a driver if he

(a)

attends training courses held or approved by the

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Authority based on the subjects listed in Part 1 of the Third

Schedule; and

(b)

passes a written or an oral examination held by the

Authority or by a body approved by the Authority, based on the

subjects addressed in the training courses referred to in the

preceding paragraph.

(2)

A driver who holds a certificate of professional

competence issued in terms of the Motor Vehicles (Driving Licences)

Regulations or is already in possession of a Taxi Driver’s Permit issued

under the Taxi Services Regulations, shall be exempt from the

requirements of sub-regulation (1)(a) and (b).

Regulation 9 shall apply mutatis mutandis for the purpose

of determining whether an applicant for a driver’s permit is of good

repute and conduct.

An application for the grant 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. The said

application shall be submitted together with

(a)

a certificate issued by the Police detailing any

criminal offences and, or contraventions mentioned in

regulation 9 for which the applicant may have been sentenced

together with the punishment thereof

Provided that where the applicant is 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

derive shall suffice

Provided further that where the country of

origin or the country from where such persons derive 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 person derives. Such

authority or notary shall issue a certificate attesting the

authenticity of the declaration on oath or solemn

declaration;

(b)

the relevant application fee fixed by the Authority

in terms of the First Schedule;

(c)

a medical certificate; and

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(d)

evidence of the skills to act as a driver required in

terms of regulation 40.

(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

(10) 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

twenty (20) days from its notification.

(1)

The Authority shall, upon granting a driver’s

permit in accordance with these regulations, issue to the successful

applicant, following the payment of the fee prescribed in the First

Schedule, a driver’s tag evidencing that such person has been granted a

driver’s permit.

(2)

No person shall drive a light passenger transport vehicle

unless his driving licence indicates that he has a driver’s permit.

(3)

A driver’s permit and the driver’s tag shall be valid for a

period of five (5) years from the date on which the driver’s permit is

granted or any other shorter period, specified thereon by the Authority,

unless revoked or suspended, and shall not be transferable

Provided that within three months preceding the date of

expiry of the said driver’s permit, 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;

(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 42(a) he has not

been found guilty of any criminal offence in

violation of the provisions of regulation 9 and 41;

and

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(c)

a valid driving licence issued by the Authority or by

the competent authority of any other Member State

of the European Union.

(4)

Every driver shall, while driving a light passenger

transport vehicle, fix the driver’s tag in the said vehicle in a position

which shall be clearly visible to the passengers. Every driver shall

while on duty but not driving a light passenger transport vehicle, wear

the driver’s tag in a conspicuous place on the left side of his chest in a

manner that it may easily be seen. Every driver shall produce the

driver’s tag whenever requested to do so by an authorised inspecting

officer.

(5)

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 upon

payment of a fee as prescribed in the First Schedule.

(6)

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 First

Schedule for the fourth and any subsequent replacement of a driver’s

tag made within the tag’s validity period.

(7)

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.

(1)

The Authority may, at any time, require a driver to

submit evidence that he continues to fulfil the requirements of

regulation 39(1) 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 (3) 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; or

(c)

where the holder

has

committed

serious

infringements of these regulations.

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(3)

A driver’s permit shall be revoked where the holder no

longer satisfies the conditions laid down in regulation 39(1)

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 (1) month but less than one (1) 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).

(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 (10) 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 twenty (20) 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 when a driver’s permit is suspended

for any reason other than because he no longer satisfies the requisite of

good conduct and repute as established in these regulations, the person

in question shall have the right to apply for the suspension to be

removed following the lapse of fifteen (15) days from the date when

the reason for the suspension has ceased to exist

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 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 but until such time the driver permit shall remain

suspended.

VEHICLE HIRE SERVICES

(5)

Any driver whose driver’s 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 driver’s permit before the lapse of a period of two (2) 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 driver’s permit 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 other regulations made under

the Act.

PART V

OPERATOR’S LICENCE FOR VEHICLE HIRE SERVICES

(1)

No person shall operate a vehicle hire service

unless duly authorised under these regulations

Provided that no such authorisation shall be given unless

the applicant intends to have registered and licensed for such purpose at

least five (5) motor vehicles and such authorisation shall be withdrawn

by the Authority if it results, at any given time, that the number of

vehicles being operated under the said authorisation is less than five (5)

motor vehicles.

(2)

The Authority shall issue an operator’s licence to any

undertaking that proposes to carry out vehicle hire services and

satisfies the conditions of these regulations and other requirements

which the Authority may establish.

(3)

In order to qualify for an authorisation, an applicant

(a)

shall have an operating centre from where the

service shall be administered; and

(b)

shall declare that he has sufficient space to garage

the vehicles whilst these are not hired or leased.

(4)

An operator may have a number of garages and, or off-

street parking areas in which to keep the vehicles used for the purposes

of the vehicle hire services, and all garages and, or off-street parking

areas are to be registered on the operator’s licence which will be issued

by the Authority in favour of the operator;

(5)

An operator’s licence shall be issued in the name of a

natural person authorised to represent the undertaking and may be

transferred at a fee stipulated in Part V of the First Schedule, with the

approval and written authorisation of the Authority, to any other party

that satisfies the criteria established by law for the issuance of such a

licence.

VEHICLE HIRE SERVICES

(6)

Once issued, an operator’s licence shall remain valid

unless and until it is revoked, suspended or surrendered, provided that

the operator submits, within one (1) month preceding the first

anniversary from the issue of the said licence, and every year

thereafter, and the applicable fee stipulated in the First Schedule.

(1)

An application for the grant of an operator’s

licence for vehicle hire services shall be made to the Authority and

shall be in the form and contain such particulars as the Authority may

require and shall be submitted together with

(a)

the details of the designated person who must

continuously and effectively manage the operations and who,

together with the operator, shall be liable for any penalties

resulting from an infringement of these regulations;

(b)

particulars of the number and class or description

of motor vehicles available for use in the relevant vehicle hire

services business or proposed business. The said vehicles shall

be registered with the Authority;

(c)

a declaration relative to the garages and, or off-

street parking areas in which the applicant intends to keep the

vehicles which will be used in the vehicle hire services

operation;

(d)

the details of the operating centre from where the

business will be conducted; and

(e)

a declaration signed by the applicant whereby he

undertakes not to leave any vehicle which shall be registered

under his licence on the road whilst not rented or leased out.

(2)

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.

(3)

An application for the grant of a vehicle hire services

operator’s licence shall be accompanied by the fee stipulated in the

First Schedule.

(4)

Where an operator already established in Malta applies

for any additional authorisation, 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

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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 to 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)

An application for the issue of an operator’s

licence for vehicle hire services 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 an Operator Licence

Certificate which shall include the details of all the vehicles registered

under such licence and such Certificate shall be displayed in a

prominent place of the operating centre of the operator.

(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

(10) 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

VEHICLE HIRE SERVICES

period of twenty (20) days from its notification.

The provisions of regulations 10 to 14 contained in Part

II shall also apply to vehicle hire services mutatis mutandis.

PART VI

VEHICLE HIRE SERVICES: OBLIGATIONS AND

REQUIREMENTS OF THE OPERATOR

(1)

The operator shall be obliged to have a proper

office from which the vehicle hire services shall be administered.

(2)

Furthermore, the operator shall be obliged to designate a

person who shall manage and administer such office and who shall be

ultimately responsible to reply to any queries raised by hirers and to

handle all matters of customer service.

(1)

The fees and conditions for the rental or leasing

of vehicles are to be clearly publicized on the operator’s website and

all other marketing media by virtue of which an operator chooses to

advertise such services.

(2)

Furthermore, such fees and conditions are to be clearly

explained to the hirer at the time of hiring a vehicle and are to be

stipulated in clear and simple terms in the contract of rental or leasing

which is to be signed between the operator or his representative and

the hirer, a signed copy of which is to be given to the hirer.

An operator shall ensure that all vehicles registered

under his licence and used in his operations are, at all times, garaged or

parked off-street while not hired out.

(1)

The operator shall be obliged to keep detailed

records of all his operations including a log which shall contain details

relative to every contract of hire including the date, length of time, the

registration number of the hired vehicle and the full name, address and

contact details of the hirer.

(2)

The operator shall be obliged to keep the record as

stipulated in sub-regulation (1) for a period of one (1) year or as may

be prescribed by the Authority from time to time.

All vehicles registered under the operator’s vehicle hire

services licence are to be kept clean, well maintained and in good

working order at all times.

Where a vehicle is rented or leased to a hirer, the

operator shall be obliged to provide the hirer with a replacement

vehicle from the same category or higher in the event of a break-down,

traffic accident or theft so that the hirer may continue to make use of a

hired vehicle for the entire duration of the contracted term.

VEHICLE HIRE SERVICES

PART VII

LIGHT PASSENGER AND VEHICLE HIRE SERVICES

REGISTER

(1)

The Authority shall set up and maintain a register

to be known as the Light Passenger and Vehicle Hire Services Register,

which shall be divided into Part I, Part II, Part III, Part IV and Part V.

(2)

In Part I of the Register there shall be registered the name,

address and any other relevant details of any person or undertaking to

whom an operator’s licence for light passenger transport services has

been granted, together with such other particulars which the Authority

may consider relevant including the details of the designated person,

the operating centre and of the garaging facilities or premises where the

motor vehicles registered under the said operator’s licence shall be kept

when not in use.

(3)

In Part II of the Register there shall be registered the

name, address and any other relevant details of any person or

undertaking to whom an operator’s licence for vehicle hire services has

been granted, together with such other particulars which the Authority

may consider relevant including the details of the designated person,

the operating centre and of the garaging facilities or premises where the

motor vehicles registered under the said operator’s licence shall be kept

while not hired out.

(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 or operators, if applicable,

in whose operations the driver is engaged.

(5)

Part IV of the Register shall be divided into Section 1 and

Section 2. In Section 1 thereof there shall be listed the vehicles

registered under the licences of light passenger transport services

operators. In Section 2 thereof there shall be listed the vehicles

registered under the licences of vehicle hire services operators.

Wheelchair accessible vehicles are to be specifically referred to in Part

IV of the Register.

VEHICLE HIRE SERVICES

(6)

In Part V of the Register there shall be registered the

name, address and any other relevant details of any person or

undertaking which shall be authorised by the Authority to act as an

intermediary booking service platform, including the corresponding

details of light passenger transport operators making use of such

platform.

No operator shall employ as a driver in any light

passenger transport services operation any person who is not

registered in Part III of the Register.

PART VIII

LICENSED VEHICLES

(1)

Only vehicles registered under the operator’s

licence of a light passenger transport services operation or of a vehicle

hire services operation and included in the Register under Section 1 or

Section 2, as the case may be, of Part IV of the said Register, may be

used to carry out light passenger transport services or may be rented or

leased, as the case may be.

(2)

Each licensed vehicle included under Section 1 of Part

IV of Register shall be issued with a light passenger transport vehicle

licence certifying that the said vehicle is authorised to carry passengers

for hire or reward and is included in the Register. Such light passenger

transport vehicle licence shall be issued by the Authority, subject to

the payment of the fee stipulated in the First Schedule and shall

indicate the operator’s licence under which the light passenger

transport vehicle is registered in the Register, together with the vehicle

registration number. The light passenger transport vehicle licence shall

be affixed by the operator on the left-hand side of the windscreen of

the vehicle in such a position as to be visible from the front.

(3)

A light passenger transport vehicle registered under

Section 1 of Part IV of the Register shall only be used for the light

passenger transport services operations of the operator under whose

licence it is registered.

(4)

A light passenger transport vehicle may be driven by any

person who holds a valid driver’s permit issued by the Authority in

terms of these regulations.

(1)

No vehicle may be registered under Section 1 of

Part IV of the Register unless it satisfies the following conditions

(a)

it is registered and licensed in terms of the

Registration and Licensing of Motor Vehicles Regulations;

VEHICLE HIRE SERVICES

(b)

it is not of a white colour;

(c)

it is a new vehicle, except for the following

(i)

vehicles of thirty-six (36) months or less of

age from the date of first registration used for hire having

‘QZ’ registration plates which can be converted to light

passenger transport vehicles with ‘LY’ registration plates

on condition that the colour of said vehicles cannot be

white;

(ii)

certified vintage vehicles which may only

be hired out specifically for special occasions, including

weddings; and

(iii)

limousines which satisfy the following

conditions

-

are not of a white colour;

-

have a maximum seating capacity of

eight (8) passengers in addition to the driver;

-

have ample leg space and head room;

-

are fitted with adequate internal

lighting;

-

are equipped with a tracking device;

and

-

are fit and safe for the conveyance of

passengers

Provided that vehicles that are already licensed under a

public service garage permit in terms of the Motor Vehicles

Regulations on the day of coming into force of these regulations shall

be deemed to satisfy the requirements of this sub-regulation and shall

therefore be automatically included under Section 1 of Part IV of the

Register

Provided further that the Authority shall not register or

licence any additional light passenger transport vehicle under Section 1

of Part IV of the Register or under an operator’s licence during its

period of validity if it results that the number of available parking

spaces declared in the architect’s report required in terms of regulations

5(4)(d) and 7(1)(e) is exceeded and in such a case, the operator shall

have the right to submit an updated architect’s report including any

additional private parking spaces that may be available for his

exclusive use.

VEHICLE HIRE SERVICES

(2)

All vehicles registered under Section 1 of Part IV of the

Register shall bear a registration mark which shall include a letter

followed by the letters ‘GY’ or ‘LY’ and three numbers

Provided that owners of vehicles bearing a registration

mark which includes a letter followed by the letters ‘GY’ shall be

allowed to change the registration marks thereof to one with a letter

followed by the letters ‘LY’ on condition that such vehicles satisfy the

requirements stipulated in sub-regulation (1), with the exception of the

requirement stipulated in paragraph (c) thereof.

(3)

With the exception of certified vintage vehicles, which

may only be hired out specifically for special occasions, including

weddings, all motor vehicles for the carriage of passengers shall not be

more than twenty-two (22) years of age to be reckoned from the date

of first registration

Provided that, with regard to such motor vehicles that are

on the date of coming into force of these regulations already licensed

for the carriage of passengers, this provision shall only apply

following the lapse of four (4) years from the date of coming into force

of these regulations

Provided further that the owners of light passenger

transport vehicles which are already in use and licensed and which are

twenty-two (22) years or older at the time of coming into force of these

regulations shall be allowed to replace such vehicles with other

vehicles which are not new but which are not older than two (2) years

to be reckoned from the date of first registration, and this by not later

than forty eight (48) months from the date of coming into force of

these regulations.

(1)

No motor vehicle for hire may be registered under

Section 2 of Part IV of the Register unless it satisfies the following

conditions

(a)

it is registered and licensed in terms of the

Registration and Licensing of Motor Vehicles Regulations;

(b)

in the case of motor vehicles for hire used for the

carriage of passengers

(i)

its maximum seating capacity is eight (8)

passengers in addition to the driver; and

(ii)

it is a new vehicle

Provided that

VEHICLE HIRE SERVICES

(i)

vehicles of thirty-six (36) months of age or

less, to be reckoned from the date of first registration,

which are used for light passenger transport services

having ‘LY’ registration plates may be converted to motor

vehicles for hire with ‘QZ’ registration plates;

(ii)

in any event, the licence of a motor vehicle

for hire used for the carriage of passengers shall not be

renewed beyond fifteen (15) years of age to be reckoned

from the date of first registration of the vehicle

Provided that, with regard to motor vehicles

for hire which are already in use and licensed for the

carriage of passengers and which are fifteen (15) years or

older from the date of registration at the time of coming

into force of these regulations, this provision shall only

apply following the lapse of four (4) years from the date

of coming into force of these regulations

Provided further that the owners of motor

vehicles for hire which are already in use and licensed for

the carriage of passengers and which are fifteen (15) years

or older at the time of coming into force of these

regulations shall be allowed to replace such vehicles with

other vehicles which are not new but which are not older

than two (2) years to be reckoned from the date of first

registration, and this by not later than forty eight (48)

months from the date of coming into force of these

regulations

Provided further that the owners of motor

vehicles for hire which are already in use and licensed for

the carriage of passengers and which are fifteen (15) years

or older from the date of registration at the time of

coming into force of these regulations shall be permitted

to continue using such vehicles for the provision of

vehicle hire services up to the 31st December, 2025;

(iii) N1 motor vehicles for hire registered for the

first time on the operator’s authorisation shall not be more

than four (4) years of age to be reckoned from the date of

first registration and their licence shall not be renewed

beyond fifteen (15) years of age to be reckoned from the

date of first registration of the vehicle;

(iv) N2 motor vehicles for hire registered for the

first time on the operator’s authorisation shall not be more

than six (6) years of age to be reckoned from the date of

first registration and their licence shall not be renewed

beyond twenty (20) years of age to be reckoned from the

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date of first registration of the vehicle;

(v)

N3 motor vehicles for hire registered for

the first time on the operator’s authorisation may be of

any age and there shall be no age limit for their licence to

be renewed; and

(vi) Special Purpose motor vehicles for hire

and machinery without a chassis for hire registered for

the first time on the operator’s authorization may be of

any age and there shall be no age limit for their licence to

be renewed

Provided that, with regard to motor

vehicles referred to in sub-paragraphs (iii) and (iv)

which, on the date of coming into force of these

regulations are already licensed as motor vehicles for

hire, this provision shall only apply following the lapse

of two (2) years from the date of coming into force of

these regulations.

(2)

All vehicles registered under Section 2 of Part IV of the

Register shall bear a registration mark which shall include two letters

followed by the letter ‘K’ and three numbers, or a letter followed by

the letters ‘QZ’ and three numbers

Provided that owners of vehicles bearing a registration

mark which includes two letters followed by the letter ‘K’ shall be

allowed to change the registration marks thereof to one which includes

a letter followed by the letters ‘QZ’ on condition that such vehicles

satisfy the requirements stipulated in sub-regulation (1), with the

exception of the requirement stipulated in paragraph (b)(ii) thereof.

(1)

All motor vehicles registered on the operator’s

licence for light passenger transport services and vehicle hire services

shall

(a)

be duly covered by a third party liability insurance

policy;

(b)

be kept in a good state of repair and maintenance;

(c)

be duly registered and licensed with the Authority

in terms of law; and

(d)

have passed a vehicle roadworthiness test in terms

of the Motor Vehicle (Roadworthiness Test) Regulations, where

applicable.

(2)

Notwithstanding the relative provisions of regulation 59,

a light passenger transport vehicle licence or a motor vehicle for hire

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licence may be transferred to any other person, provided that if such

person is an operator and intends to use the vehicle for his business, the

operator shall be obliged to seek the prior authorisation by the

Authority in accordance with regulation 17(5).

(1)

The Authority may call in vehicles, whether

registered under an operator’s licence for light passenger transport

services or under an operator’s licence for vehicle hire services, for

inspections, in which case the operator shall be obliged to comply

without delay with such requests.

(2)

If a licensed vehicle is not presented for inspection upon a

request made by the Authority or if upon inspection by the Authority

the vehicle is found to be in a state which is not fit for use and not fit

and safe for the conveyance of passengers, the licence relative to such

vehicle shall be suspended and the operator shall not have the right to

continue to use such vehicle for the purposes of his operations until

such vehicle is presented for inspection and, or its state is duly

remedied to the satisfaction of the Authority.

(1)

A vehicle included in the Register may bear

advertisements solely 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 vehicle and the operator shall not have the

right to continue to use such vehicle for the purposes of his operations

until such state is duly remedied to the satisfaction of the Authority.

(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, in its complete discretion, order the

removal of any advertisement.

PART IX

BOOKING PLATFORMS

Any intermediary transport service provider which offers

globalised internet-based services for the provision of light passenger

transport services shall be obliged, in order to be able to operate in

Malta, either to obtain an operator’s licence for light passenger

transport services in terms of Part II or else to serve only as an

intermediary booking service platform under a contract of service with

licensed operators registered under Part I of the Register.

(1)

No person may act as an intermediary booking

service platform without an authorization from the Authority.

VEHICLE HIRE SERVICES

(2)

The Authority shall issue an authorisation to act as an

intermediary booking service platform for light passenger transport

services and to register under Part 5 of the Register any undertaking

which shall file an application with the Authority for such purpose and

satisfies the conditions of these regulations and other requirements

which the Authority may establish.

(3)

The application for such authorisation and registration

shall be made to the Authority and shall be in the form and contain

such particulars as the Authority may require, and shall be submitted

together with

(a)

documents relative to the juridical personality of

the undertaking together with the name, address and relative

details of its members and officials;

(b)

copies of contracts of service with licensed

operators registered under Part 1 of the Register for whose

services the undertaking shall act as an intermediary booking

service platform; and

(c)

the name, address and relative details of a

designated person who shall have his ordinary residence in

Malta who shall be responsible for all effects and purposes of

these regulations for the operation and administration of the

intermediary booking service platform.

(4)

An application for the grant of an authorisation in terms

of sub-regulation (1) shall be accompanied by payment of the fee

prescribed in the First Schedule.

(5)

The authorisation shall be issued in the name of the

undertaking having filed the application,and renewed every year,

subject to the payment of the fee prescribed in the First Schedule,

unless and until it is revoked, suspended or surrendered.

(6)

The authorisation may be subject to any such conditions

which the Authority, in its absolute discretion, may deem to be fit and

proper to impose and the undertaking shall be obliged to abide by such

conditions

Provided further that where an intermediary service

provider provides a booking platform for operators of light passenger

transport services, it shall

(i)

have an office established in Malta where

all booking data shall be kept;

(ii)

make all booking data available to the

Authority at any time upon request by the Authority;

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(iii) have notified the Authority in writing about

its intention to provide such a booking service and has

provided all details requested by the Authority;

(iv) make available to the client during a service

booking operation and through the provision of the

service the name and other contact details of the operator

of light passenger transport services with whom the

service has been booked and who shall ultimately provide

the service.

(1)

An application for the issue of an authorisation in

terms of regulation 65 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

(10) 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 a

period of twenty (20) days from its notification.

PART X

OFFENCES AND PENALTIES

(1)

Any person who commits a breach of

(a)

regulation 5(1),

(b)

regulation 46(1),

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

fine (multa) not exceeding ten thousand euro (€10,000), or to

imprisonment for a period of not more than six (6) months, or to

both such fine and imprisonment. Furthermore, the court may order

the immediate revocation of any authorisation, licence or permit

held in terms of these regulations by the person found guilty of such

an offence.

(2)

Any person who commits a breach of

(a)

regulation 38,

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(b)

regulation 58(1),

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

fine (ammenda) not exceeding three thousand euro (€3,000).

(3)

Any person who commits a breach of regulation 72 shall

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

(ammenda) of two hundred euro (€200).

(4)

Any intermediary service provider who commits a

breach of any of the conditions stipulated in regulations 64 and 65

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

of not less than five hundred euro (€500) and not more than one

thousand and two hundred euro (€1,200).

(5)

A person who, for the purpose of obtaining, whether for

himself or another, the grant or renewal of any licence, authorisation or

permit in terms of these regulations, makes a declaration required by

these regulations which he knows to be false, or submits false

documentation, shall be guilty of a crime and shall, on conviction, be

liable to imprisonment for a period of not more than six (6) 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 or the false documentation was submitted as

well as any other licence, authorisation and/or permit held in terms of

these regulations by the person found guilty of such crime.

(6)

With regard to the offences and penalties stipulated in

this regulation, the court 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 where such person is a holder

of an operator’s licence, or a driver’s permit or an authorisation to act

as an intermediary booking service platform, as the case may be.

(7)

When a holder of an operator’s licence (being an

operator’s licence for light passenger transport services or an

operator’s licence for vehicle hire services) or a driver’s permit is

found guilty of contravening any of the provisions of the Traffic

Regulation Ordinance or any regulations made thereunder, 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.

(8)

With regard to the penalties established in sub-

regulations (2) and (3), in the event that the same fact constitutes a

violation of any of the provisions of the Traffic Regulation Ordinance

or any regulations made thereunder, or the Act or any regulations made

thereunder which carries with it a higher penalty than the ones

established in sub-regulations (2) and (3), such higher penalty shall

VEHICLE HIRE SERVICES

apply.

(9)

Whosoever shall hinder or obstruct any authorised

inspecting officer 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 authorised inspecting

officer 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.

(1)

The Authority shall impose the administrative

penalties prescribed in the Fourth Schedule and the corresponding

penalty points calculated in terms of sub-regulation (4) on any holder

of an operator’s licence (being an operator’s licence for light passenger

transport services or an operator’s licence for vehicle hire services)

who contravenes the provisions of the regulations listed in the Fourth

Schedule.

(2)

The Authority shall impose the administrative penalties

prescribed in the Fourth Schedule and the corresponding penalty points

calculated in terms of sub-regulation (4) on any driver who contravenes

the provisions of the regulations included in the Fourth Schedule.

(3)

Where the holder of an operator’s licence or driver’s

permit contravenes the same provision of these regulations on five (5)

different occasions within a period of twelve (12) consecutive months,

the Authority shall impose upon that operator or driver, in addition to

the administrative penalties prescribed in the Fourth Schedule and the

corresponding penalty points calculated in terms of sub-regulation (4),

an additional twenty (20) penalty points.

(4)

The Authority shall impose one (1) penalty point for

every ten euro (€10) or part thereof imposed on a person by way of an

administrative penalty in terms of this regulation

Provided that, notwithstanding the provisions of sub-

regulation (3), 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 (2) penalty points for

every ten euro (€10) or part thereof imposed upon him by order of the

court or a local tribunal, as the case may be.

(5)

Penalty points and administrative penalties shall be

imposed by the Authority without recourse to a court hearing and may

be imposed either as a one-time penalty or on a daily cumulative basis

until compliance, provided that in the latter case the accumulated

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penalty shall not exceed two thousand euro (€2,000) for the holder of a

driver’s permit and five thousand euro (€5,000) per licensed vehicle

for the holder of an operator’s licence.

(6)

The Authority shall, before imposing an administrative

penalty in terms of these regulations, inform the person on whom the

penalty is imposed of its intention to do so by notice in writing. Every

such notice shall state that the person concerned has a right to make

representations in writing within ten (10) days to the Authority, giving

reasons why the administrative penalty should not be imposed, and the

Authority shall consider any such representations before arriving at a

final decision. The Authority shall notify in writing its final decision to

the applicant concerned.

(7)

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 person proves that

the offence was committed without his knowledge and that he

exercised all due diligence to prevent the commission of such breach.

(8)

Where a breach of these regulations is committed by a

partnership, company or other legal person, 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.

(1)

A person aggrieved by the decision of the

Authority to impose administrative penalties and the corresponding

penalty points may, within twenty (20) 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, and, or by the Court of Appeal, where an

appeal on a point of law 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, as the case may be, shall constitute an

executive title for all intents and purposes of the Code of Organization

and Civil Procedure.

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(3)

If, upon the renewal of any licence or permit granted in

terms of these regulations, the person in whose name such licence or

permit is granted owes the Authority a civil debt in terms of sub-

regulation (2), such licence or permit shall not be renewed unless and

until such time that the debt is settled in full.

(4)

If at the moment that any check on compliance is carried

out by the Authority, 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.

In the event that the Authority imposes an administrative

penalty in terms of regulation 69 and the person on whom such penalty

is imposed, pays such penalty to the Authority within thirty (30) days

from the date of receipt of intimation to pay, no criminal proceedings

shall be instituted against such person in relation to the relative breach.

(1)

The Authority shall suspend for a period of one

(1) year an operator’s licence for light passenger transport vehicles if,

at any time, he accumulates five hundred (500) penalty points in terms

of these regulations

Provided that where an operator has more than five (5)

light passenger transport vehicles registered on his operator’s licence,

the said operator’s licence shall only be withdrawn if its holder

accumulates a total amount of five hundred (500) penalty points plus an

additional twenty (20) penalty points per vehicle registered under such

operator’s licence.

(2)

The provisions of sub-regulation (1) shall also apply to an

operator’s licence for vehicle hire services, mutatis mutandis.

(3)

The Authority shall suspend for a period of one (1) year a

driver’s permit if, at any time, the driver accumulates two hundred

(200) penalty points in terms of these regulations.

(4)

Without prejudice to the provisions of sub-regulations (1)

to (3), the Authority shall not revoke an operator’s licence or a driver’s

permit where the holder has entered an appeal before the Tribunal or a

court from a decision of the Authority on the imposition of any of the

accumulated penalty points.

(5)

Where the holder of an operator’s licence or of a driver’s

permit incurs less than sixteen (16) penalty points within a period of

thirty-six (36) consecutive months, the Authority shall, on the lapse of

such period, cancel all penalty points imposed on him, and shall notify

the holder accordingly.

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Where a driver’s permit has been suspended or revoked

or is no longer in force, for any reason, the driver shall immediately

forward his driving licence to the Authority and the Authority shall

amend that driving licence accordingly.

Where criminal proceedings have been instituted against

an operator or a driver, whereby the said operator or driver is accused

of any of the offences listed in regulation 9(1)(a) and, if found guilty,

will no longer satisfy the requisite of good conduct and repute

necessary to hold an operator’s licence and, or driver’s permit, the

licence and, or permit of such person shall be suspended until a

definitive judgment is delivered in such proceedings.

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 (2) years from such withdrawal, and the Authority shall not

consider any application made in contravention of this regulation.

PART XI

GENERAL AND TRANSITORY PROVISIONS

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 twelve (12) 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 (6) 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 or of Part VI, as the case may be.

Persons who, on the coming into force of these

regulations, already hold a driver’s permit issued by the Authority in

terms of regulation 130A of the Motor Vehicles Regulations, shall

have the right to continue to make use of their current driver’s permit

up to the date of its expiry, following which they shall be obliged to

apply for and obtain a driver’s permit according to these regulations.

An undertaking may apply for an operator’s licence

(a)

to operate light passenger transport services; and,

or

(b)

to operate vehicle hire services

Provided that the relative fee for both operator’s licences

shall be applicable and payable by such undertaking.

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Operators who, upon the coming in force of the definition

"garaging facility" in regulation 2, the provisions of regulation 5(4)(c)

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

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

regulation 56(2) and (3) and the provisions of regulation 61(2) are in

possession of a valid operator’s license or have a pending application

for the issuance of an operator’s license shall have twelve (12) months

from the coming into force of the mentioned regulations within which

to comply with the said regulations. Any licence renewal shall be

authorized subject to the condition that the operator complies with the

said regulations within the period herein specified.

Provided that those operators who have submitted any

applications for the relative development permit for approving the use

of the garaging facility in which the vehicles are parked as a public

service garage before the Planning Authority, and said applications

are still pending before the Planning Authority on the date of coming

into force of this proviso, shall have until the 18 th April 2025 to

comply with the provisions mentioned in this regulation

Provided further that those operators who have not yet

submitted any new applications in accordance with regulation 7 and,

or applications for renewal in accordance with regulation 5(4) by the

date of coming into force of this proviso, shall have until the 18 th

December 2024 to submit any new applications in accordance with

the said regulation 7 or any applications for renewal in accordance

with the said regulation 5(4), and once they have duly submitted their

relative applications, they shall have until the 18 th April 2025 to

comply with the provisions mentioned in this regulation.