MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD) REGULATIONS

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

SUBSIDIARY LEGISLATION 65.19

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

REGULATIONS

1st May, 2004

LEGAL NOTICE 146 of 2003, as amended by Legal Notices 134 of 2006, and 225 and 408

of 2007; Acts V of 2007 and XV of 2009; and Legal Notices 74 of 2010, 395 of 2011, 423 of

2016, 300 of 2022, 187 and 190 of 2023 and 25 of 2025.

The title of these regulations is the Motor Vehicles

(Carriage of Goods by Road) Regulations.

Amended by

L.N. 134 of 2006.

(Regulation 7)

Substituted by

L.N. 408 of 2007.

PART I

HAULIER TRADING AS SOLE TRADER / PARTNERSHIP

ACCOUNTANT’S REPORT

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

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

hereinafter referred to as "the firm", having its principal business address at .............

............................................ and from information and explanations supplied to us.

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

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

included in that statement of affairs in respect of

i.

funds available, including cash at banks and overdraft and loan

facilities;

ii.

assets, including property, available to provide security;

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

plant and equipment; and

iv.

working capital.

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

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

which, on the basis of the licence application for ........... vehicles exceed €8,385.74

for the first vehicle with a maximum authorised weight in excess of 3.5 tonnes and

€4,658.75 for each additional vehicle to be authorised for use under the firm’s

authorisation.

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

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

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

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

i.e.

an auditor or accountant as defined by the Accountancy Profession Act.

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

PART 2

HAULIER TRADING AS A LIMITED LIABILITY COMPANY

ACCOUNTANT’S REPORT

1)

We have audited in accordance with auditing standards the financial

statements of ............................................., hereinafter referred to as "the company"

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

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

2)

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

OR

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

follows

3)

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

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

financial statements, in respect of

i.

funds available, including cash at banks and overdraft and loan

facilities;

ii.

assets, including property, available to provide security;

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

plant and equipment; and

iv.

working capital.

4)

We confirm that the audited balance sheet of the company at .............. (date)

shows Capital and Reserves of € .............. which, on the basis of the licence for

.............. vehicles exceed €8,385.74 for the first vehicle with a maximum authorised

vehicles with a maximum authorised weight in excess of 3.5 metric tonnes and

€4,658.75 for each additional vehicle to be authorised for use under the company’s

authorisation.

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

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

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

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

i.e.

an auditor or accountant as defined by the Accountancy Profession Act.

In these regulations, unless the context otherwise requires

''AETR'' means the European Agreement concerning the Work of

Crews of Vehicles engaged in International Road Transport;

''authorisation'' means any permission given by a recognised

competent authority entitling the holder to carry out road haulage

operations;

''authorised inspecting officer'' means an officer appointed by the

Authority to carry out inspections under these regulations, an

officer of the Customs Department, or a Police Officer or a

community officer;

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

established by the Authority for Transport in Malta Act;

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

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

recuperation;

''cabotage transport operations'' means the performing of national

road haulage operations for hire or reward within Malta by a non-

resident haulier who holds a Community authorization; such

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

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

infrequent intervals, and the vehicle involved shall leave the

country at least once a month;

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

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

the carriage of goods;

''collective agreement'' means an agreement entered into between

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

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

employment in accordance with the provisions of any law in force

in Malta;

''combined transport'' means the transport of goods between

Member States where the vehicle uses the public highway on the

initial or final leg of the journey and, on the other leg uses rail,

inland waterway or maritime services, or a combination of two or

more modes of transport, where these portions of the journey

exceed 100 km in a straight line, and the vehicle makes the initial

or final leg of the journey on the public highway within a radius not

exceeding 150 km in a straight line from the inland waterway port

or seaport of loading or unloading;

"Commission Implementing Regulation (EU) 2016/480" means

Commission Implementing Regulation (EU) 2016/480 of 1 April 2016

establishing common rules concerning the interconnection of national

electronic registers on road transport undertakings and repealing

Regulation (EU) No 1213/2010;

''Community authorisation'' means a licence issued by the

competent authorities of a Member State to a haulier established in

that Member State in accordance with Articles 5 and 7 of Council

Regulation (EEC) No 881/92 on access to the market in the carriage

of goods by road within the Community to or from the territory of a

Member State or passing across the territory of one or more

Member States;

''Commissioner'' means the Commissioner of Police;

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

of the Companies Act;

''cooperative society'' means a cooperative society registered or

provisionally registered under the Cooperative Societies Act;

''country of establishment'' means that country in which the non-

resident haulier is established and registered;

''daily driving time'' means the total accumulated driving time

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

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

weekly rest period;

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

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

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

regulations;

"Directive 2002/15/EC" means Directive 2002/15/EC of the

European Parliament and of the Council of 11 March 2002 on the

organisation of the working time of persons performing mobile road

transport activities;

"Directive 2006/1/EC" means Directive 2006/1/EC of the European

Parliament and of the Council of 18 January 2006 on the use of

vehicles hired without drivers for the carriage of goods by road;

''Directive 2006/22/EC'' means Directive 2006/22/EC of the

European Parliament and of the Council of 15 March 2006 on

minimum conditions for the implementation of Regulations (EC) No

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

social legislation relating to road transport activities, and repealing

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

846;

"Directive 92/106/EEC" means Council Directive 92/106/EEC of

7 December 1992 on the establishment of common rules for certain

types of combined transport of goods between Member States;

"Directive (EU) 2015/719" means Directive (EU) 2015/719 of

the European Parliament and of the Council of 29 April 2015

amending Council Directive 96/53/EC laying down for certain road

vehicles circulating within the community the maximum authorized

dimensions in national and international traffic and the maximum

authorized weights in international traffic;

"Directive (EU) 2022/738" means Directive (EU) 2022/738 of the

European Parliament and of the Council of 6 April 2022 amending

Directive 2006/1/EC on the use of vehicles hired without drivers for

the carriage of goods by road;

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

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

the European Parliament and of the Council on minimum conditions

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

No 165/2014 and Directive 2002/15/EC as regards social legislation

relating to road transport activities;

''driver'' means any person who drives the vehicle even for a

short period, or who is carried in the vehicle as part of his duties in

order to be available for driving if necessary and duly licensed or

recognized in accordance with the Motor Vehicles (Driving

Licences) Regulations;

''driver’s mate'' means a person engaged by the haulier who shall

accompany the driver in order to assist him, excluding driving,

unless he is duly licensed to do so;

''driving period'' means the accumulated driving time from when

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

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

continuous or broken;

''driving time'' means the duration of driving activity recorded

automatically or semi-automatically by the recording equipment as

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

Equipment) Regulations or recorded manually as required by

regulation 37 of the said regulations;

''ECMT'' means the European Conference of Ministers of

Transport;

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

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

company, cooperative society, association or other body of persons,

whether vested with legal personality or not;

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

E u r o p e a n U n i o n A c t a n d i n c l u d e s N o r w a y, I c e l a n d a n d

Liechtenstein;

''goods vehicle'' means rigid-bodied vehicles, tractors, trailers

and semi-trailers

(a) registered for carrying out road haulage operations in

Malta; or

(b) registered for carrying out road haulage operations in

another country; or

(c) a coupled combination of vehicles, the motor vehicle

of which at least is registered in the manner set out in

paragraphs (a) and (b) and which are used exclusively

for the carriage of goods

Provided that for the purposes of these regulations a

vehicle is considered as a goods vehicle if it has a minimum gross

vehicle weight of 3,500 kg.

''haulier'' means a person or undertaking who carries out road

haulage operations whether for profit or otherwise;

"hired vehicle" means any vehicle which, for remuneration and for a

determined period, is put at the disposal of an undertaking which

engages in the carriage of goods by road for hire or reward or for its

own account on the basis of a contract with the undertaking which

makes the vehicle available;

''hire or reward'' means the carriage of goods other than on own

account, that is to say against payment or compensation, whether

such payment or compensation is made directly or indirectly;

''holder'' means the person in whose name a carriage licence or

cabotage licence is issued;

"intermodal transport operation" means

(a) the combined transport operations defined in Article 1

of Council Directive 92/106/EEC engaged in the

transport of one or more containers or swap bodies, up

to a total maximum length of 45 feet; or

(b) transport operations engaged in the transport of one or

more containers or swap bodies, up to a total

maximum length of 45 feet, using waterborne

transport, provided that the length of the initial or the

final road leg does not exceed 150km in the territory of

the Union. The distance of 150km referred to above

may be exceeded in order to reach the nearest suitable

transport terminal for the envisaged service in the case

of

(i)

vehicles complying with point 2.2.2(a) or (b) of

the First Schedule of Motor Vehicles (Weights,

Dimensions and Equipment) Regulations; or

(ii) vehicles complying with point 2.2.2(c) or (d) of

the First Schedule of Motor Vehicles (Weights,

Dimensions and Equipment) Regulations, in

cases where such distances are permitted in the

relevant Member State.

For intermodal transport operations, the nearest suitable

transport terminal providing a service may be located in a Member

State other than the Member State in which the shipment was

loaded or unloaded;

''maximum permissible mass'' means the maximum authorized

operating mass of a vehicle when fully laden;

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

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

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

undertaking which operates transport services of goods by road for

hire or reward or on its own account and includes any driver who is

not a self-employed driver;

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

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

normally used for the carriage of goods;

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

of driving between any two consecutive daily rest periods, or

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

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

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

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

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

Amended by

L.N. 134 of 2006;

(Regulation 13)

L.N. 225 of 2007;

XV. 2009.49.

PART 1

CERTIFICATE OF PROFESSIONAL COMPETENCE

MALTA

(Stout fawn paper - Format: DIN A4)

M

Authority for Transport in Malta

CERTIFICATE OF PROFESSIONAL COMPETENCE IN NATIONAL [AND

INTERNATIONAL] ( 1 ) ROAD HAULAGE ( 1 )

We, the Authority for Transport in Malta, hereby certify

(a)

that ..............................................................................................................

(Surname and forenames)

born in .......................................... (place) on .................................... (date)

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

organised for the award of the certificate of professional competence in

national/international ( 1 ) road haulage in accordance with the Motor

Vehicles (Carriage of Goods by Road) Regulations.

(b)

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

capacity in an undertaking responsible for road haulage

engaging solely in national transport ( 1 )

-

engaging in international transport ( 1 )

-

This certificate constitutes the sufficient proof of professional competence

referred to in regulation 13 of the Motor Vehicles (Carriage of Goods by Road)

Regulations.

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

Stamp of the Authority and Signature of an Authorised Representative

( 1 ) Delete as appropriate

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

PART 2

LIST OF SUBJECTS REFERRED TO IN REGULATION 13

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

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

below for road haulage. In relation to these subjects, applicant road haulage operator

must have the levels of knowledge and practical aptitude necessary for the

management of a transport undertaking.

A.

Civil law

The applicant must, in particular

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

the rights and obligations arising therefrom;

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

regard to conditions of carriage;

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

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

understand how such a claim affects his contractual liability;

4. be familiar with the rules and obligations arising from the CMR Convention

on the contract for the international carriage of goods by road.

B.

Commercial law

The applicant must, in particular

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

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

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

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

and the rules covering their constitution and operation.

C.

Social laws

The applicant must, in particular

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

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

labour inspectors, etc.);

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

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

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

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

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

4. be familiar with the Motor Vehicles (Carriage of Goods by Road)

Regulations and the regulations regulating weights, dimensions and equipment for

motor vehicles.

D.

Fiscal law

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

1. VAT on transport services;

2. motor-vehicle tax;

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

charges;

4. income tax.

Business and financial management of the undertaking The applicant must,

in particular

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

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

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

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

charges and obligations arising from them;

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

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

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

particular on the basis of financial ratios;

6. be able to prepare a budget;

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

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

kilometre, per journey or per tonne;

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

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

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

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

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

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

the guarantees and obligations arising therefrom;

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

transport

12. be able to apply the rules governing the invoicing of road haulage services

and know the meaning and implications of Incoterms;

13. be familiar with the different categories of transport auxiliaries, their role,

their functions and, where appropriate, their status.

Access to the market

The applicant must, in particular

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

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

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

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

inspections and sanctions;

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

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

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

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

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

premises of the undertaking;

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

services, on freight handling and logistics;

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

5. be familiar with frontier formalities, the role and scope of T documents and

TIR carnets, and the obligations and responsibilities arising from their use.

Technical standards and aspects of operation

The applicant must, in particular

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

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

loads which constitute an exception to these rules;

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

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

undertaking;

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

and technical inspection of these vehicles;

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

pollution by motor vehicle exhaust emissions;

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

equipment;

6. be familiar with the different types of cargo-handling and loading devices

(tailboards, containers, pallets, etc.) and be able to introduce procedures and issue

instructions for loading and unloading goods (load distribution, stacking, stowing,

blocking and chocking, etc.);

7. be familiar with the various techniques of "piggy-back" and roll-on roll-off

combined transport;

8. be able to implement procedures for complying with Maltese laws and

regulations in force governing the carriage of dangerous goods and waste;

9. be able to implement procedures for complying with the rules on the

carriage of perishable foodstuffs, notably those arising from the Agreement on the

international carriage of perishable foodstuffs and on the special equipment to be

used for such carriage (ATP);

10. be able to implement procedures for complying with the rules on the

transport of live animals.

Road safety

The applicant must, in particular

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

certificates, certificates of fitness, etc.);

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

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

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

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

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

and cargo, and concerning preventive measures to be taken;

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

and to implement appropriate procedures for preventing the recurrence of accidents

or serious traffic offences.

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

ORGANISATION OF THE EXAMINATION

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

may supplement by an optional oral examination to establish whether applicant road

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

listed in A, in particular, their capacity to use the instruments. and techniques

relating thereto and to fulfil the corresponding executive and co-ordination duties.

(a)

The compulsory written examination shall involve two tests, namely

-

written questions consisting of either multiple choice questions (each

with four possible answers), questions requiring direct answers or a

combination of both systems,

-

written exercises/case studies.

The minimum duration of each test is two hours.

(b) Where an oral examination is organised, Member States may stipulate that

participation is subject to successful completion of the written examination.

2. Where the Authority also organises an oral examination, they must provide,

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

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

Where the Authority organises only a written examination it shall provide,

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

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

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

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

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

reduce that mark from 50% to 40%.

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Jekk xi ħaġa f’dawn ir-regolamenti m’hix konsistenti jew

tikkonfliġġi mar-Regolamenti dwar il-Vetturi bil-Mutur, dawn ir-

regolamenti għandhom jipprevalu u fejn ikun hemm dawn l-

inkonsistenzi jew konflitti, ir-Regolamenti dwar il-Vetturi bil-

Mutur, għandhom jitqiesu nulli u mingħajr effett.

Amended by

L.N. 134 of 2006.

(Regulations 20 and 21)

MINIMUM TRAINING NECESSARY FOR THE AWARD OF A CERTIFICATE OF

PROFESSIONAL COMPETENCE FOR INTERNATIONAL DRIVERS UNDER

THE AGE OF 21

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

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

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

Regulations 2002.

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

1.1. Knowledge of the construction and functioning of

-

internal combustion engines,

-

lubrication and cooling systems,

-

the fuel system,

-

the electrical system,

-

the ignition system,

-

the transmission system (clutch, gearbox, etc.)

1.2. General knowledge of lubrication and antifreeze protection

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

replacement of wheels

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

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

to-day maintenance of brake fittings, and knowledge of coupling

systems

1.6. Knowledge of methods of locating causes of breakdowns

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

correct equipment

1.8. General knowledge of preventive maintenance of vehicles and

necessary running repairs.

2. General knowledge of transport and administrative procedures

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

and their indexes

2.2. Economical use of vehicles

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

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

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

vehicles

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

receipt, carriage and delivery of goods in accordance with the agreed

conditions

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

national and international carriage of goods

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

use of loading and unloading equipment

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

carriage of dangerous goods

3. Experience of driving goods vehicles

3.1. Practical experience of driving and manoeuvring vehicles of more than

7.5 metric tons and using a coupling device

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Kull informazzjoni mogħtija lill-Awtorità skond dawn ir-

Regolamenti hija koperta bl-Att dwar Segretezza Professjonali.

TAQSIMA II

DĦUL FIX-XOGĦOL TA’ BURDNAR

Amended by

L.N. 134 of 2006;

L.N. 225 of 2007;

L.N. 395 of 2011.

PART I

(Regulation 18)

TYPES OF VEHICLES EXEMPTED FROM THE REQUIREMENTS

OF PART III OF THESE REGULATIONS

1. Vehicles with a maximum authorised speed not exceeding 40 kilometres per

2. vehicles owned or hired without a driver by the armed services, civil defence

services, fire services, and forces responsible for maintaining public order when the

carriage is undertaken as a consequence of the tasks assigned to these services and is

under their control;

3. vehicles, including vehicles used in the non-commercial transport of

humanitarian aid, used in emergencies or rescue operations;

4. specialized vehicles used for medical purposes;

5. specialised breakdown vehicles operating within a 100 km radius of their

6. vehicles undergoing road tests for technical development, repair or

maintenance purposes, and new or rebuilt vehicles which have not yet been put into

service;

7. vehicles or combinations of vehicles with a maximum permissible mass not

exceeding 7.5 tonnes used for the non-commercial carriage of goods; and

8. commercial vehicles, which have a historic status, which are used for the

non-commercial carriage of goods.

PART II

(Regulation 37)

TYPES OF CARRIAGE TO BE EXEMPTED FROM AUTHORISATION

Types of carriage to be exempted from any carriage authorisation

1. Carriage of mail as a public service.

2. Carriage of vehicles which have suffered damage or breakdown.

3. Carriage of goods in motor vehicles the permissible laden weight of which,

including that of trailers, does not exceed six tonnes or the permissible payload of

which, including that of trailers, does not exceed 3.5 tonnes.

4. Carriage of goods in motor vehicles engaged in ''own account'' transport.

5. Carriage of medicinal products, appliances, equipment and other articles

required for medical care in emergency relief, in particular for natural disasters.

PART III

(Regulation 47)

CATEGORIES OF TRANSPORT EXEMPTED FROM PERMIT REQUIREMENTS

UNDER THE ECMT

1. The transport of goods by motor vehicles whose Total Permissible Laden

Weight (TPLW), including trailers, does note exceed 6 tonnes, or when the permitted

payload, including trailers, does not exceed 3.5 tonnes.

2. The transport of goods on an occasional basis, to or from airports, in cases

where services are diverted.

3. The transport of vehicles which are damaged or have broken down and the

movement of breakdown repair vehicles.

4. Unladen runs by a goods vehicle sent to replace a vehicle, which has broken

down in another country, and also the return run, after repair, of the vehicle that had

broken down.

5. Transport of livestock in vehicles purpose-built or permanently converted

for the transport of livestock and recognised as such by the Authority.

6. Transport of spare parts and provisions for ocean-going ships and aircraft.

7. Transport of medical supplies and equipment needed for emergencies, more

particularly in response to natural disasters and humanitarian needs.

8. Transport for non-commercial purposes of works and objects of art for fairs

and exhibitions.

9. Transport for non-commercial purposes of properties, accessories and

animals to or from theatrical, musical, film, sports or circus performances, fairs or

fetes, and those intended for radio recordings, or for film or television production.

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

00;

''night work'' means any work performed during night time;

''normal residence'' means the place where a person habitually

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

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

occupational ties, because of personal ties which show close links

between that person and the place where he is living

Provided that, the normal residence of a person whose

occupational ties are in a different place from his personal ties and

who consequently lives in turn in different places situated in two or

more Member States shall be regarded as being the place of his

personal ties, provided that such person returns there regularly.

This last condition need not be met where the person is

living in an Member State in order to carry out a task of a definite

duration; attendance at a university or school shall not imply taking

up of normal residence;

''occupation of road haulage operator'' shall mean the activity of

any undertaking consisting of carriage by road for hire or reward by

means of a goods vehicle;

''operator’s licence for the carriage of goods by road'' means a

licence issued by the Authority to undertakings established in

Malta;

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

''working times'' except driving, including any work for the same or

another employer, within or outside the transport sector;

''own account'' refers to carriage by road provided the following

conditions are fulfilled

(a) the goods carried are the property of the undertaking

or have been sold, bought, let out on hire or hired,

produced, extracted, processed or repaired by the

undertaking;

(b) the purpose of the journey is to carry the goods to or

from the undertaking or to move them, either inside

the undertaking or outside for its own requirements;

(c) the motor vehicles used for such carriage are driven by

employees of the undertaking;

(d) the vehicles carrying the goods are owned by the

undertaking or have been bought by it on deferred

terms or hired, provided that in the latter case they

meet the conditions of Directive 2006/1/EC;

(e) carriage is no more than ancillary to the overall

activities of the undertaking;

''partnership'' includes an association, not registered under the

Companies Act, between two or more persons;

''periods of availability'' means periods other than those relating

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

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

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

work, including such periods during which the mobile worker is

accompanying a vehicle being transported by ferryboat or by train

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

prohibitions;

''persons performing mobile road transport activities'' means any

mobile worker or self- employed driver who performs such road

transport activities;

''public highway'' means national, arterial, distributor, access and

local access roads as defined in the Motor Vehicles (Driving

Licences) Regulations;

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

nine hours but less than eleven hours;

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

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

down in regulation 29, be reduced to a minimum of twenty-four

consecutive hours;

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

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

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

period of at least three hours and the second an uninterrupted

period of at least nine hours;

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

forty-five hours;

"Regulation (EC) No 561/2006" means Regulation (EC) No 561/

2006 of the European Parliament and of the Council of 15 March

2006 on the harmonisation of certain social legislation relating to

road transport and amending Council Regulations (EEC) No 3821/

85 and (EC) No 2135/98 and repealing Council Regulation (EEC)

No 3820/85;

"Regulation (EC) No 1071/2009" means Regulation (EC) No

1071/2009 of the European Parliament and of the Council of 21

October 2009 establishing common rules concerning the conditions

to be complied with to pursue the occupation of road transport

operator and repealing Council Directive 96/26/EC;

"Regulation (EC) No 1072/2009" means Regulation (EC) No 1072/

2009 of the European Parliament and of the Council of 21 October

2009 on common rules for access to the international road haulage

market;

"Regulation (EU) No 1024/2012" means Regulation (EU) No

1024/2012 of the European Parliament and of the Council of 25

October 2012 on administrative cooperation through the Internal

Market Information System and repealing Commission Decision

2008/49/EC ("the IMI Regulation");

"Regulation (EU) No 165/2014" means Regulation (EU) No 165/

2014 of the European Parliament and of the Council of 4 February

2014 on tachographs in road transport, repealing Council Regulation

(EEC) No 3821/85 on recording equipment in road transport and

amending Regulation (EC) No 561/2006 of the European Parliament

and of the Council on the harmonisation of certain social legislation

relating to road transport;

"Regulation (EU) 2016/679" means Regulation (EU) 2016/679 of

the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, and repealing Directive

95/46/EC (General Data Protection Regulation);

''rest'' means any uninterrupted period during which the driver

may freely dispose of his time;

''rigid bodied vehicle'' means any mechanically self-propelled

vehicle circulating on the road, other than a vehicle running on

rails, and normally used for carrying goods;

''road transport activities'' shall include driving, loading and

unloading, cleaning and technical maintenance, and all other work

intended to ensure the safety of the vehicle, its cargo or to fulfil the

legal, or regulatory obligations directly linked to the specific

t r a n s p o r t o p e r a t i o n s u n d e r w a y, i n c l u d i n g d e a l i n g w i t h

administrative formalities with police, customs and immigration

officers;

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

to transport goods by road for hire or reward within the meaning of

European Union legislation under cover of a licence issued in the

European Union or any other professional authorisation to carry out

the aforementioned transport, who is entitled to work for himself

and who is not tied to an employer by an employment contract or

by any other type of working hierarchical relationship, who is free

to organise the relevant working activities, whose income depends

directly on the profits made and who has the freedom, individually

or through a cooperation between self-employed drivers, to have

commercial relations with several customers;

''semi-trailer'' means a trailer without a front axle coupled in such

a way that a substantial part of its weight and of the weight of its

load is borne by the tractor or motor vehicle;

"shipper" means a legal entity or a natural or legal person who is

named on the bill of lading or on an equivalent transport document,

such as "through" bill of lading, as the shipper and/or in whose

name or on whose behalf a contract of carriage has been concluded

with the transport company;

''tractor'' means any self-propelled vehicle travelling on the road,

other than a vehicle permanently running on rails, and specially

designed to pull, push or move trailers, semi-trailers, implements or

machines;

''trailer'' means any vehicle designed to be coupled to a motor

vehicle or a tractor;

''undertaking'' means any natural person, any legal person,

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

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

official body, whether having its own legal personality or being

dependent upon an authority having such personality;

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

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

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

the licence holder having met and continues to meet fully the

obligations in accordance with the regulations;

''vehicle'' means, for the purpose of these regulations, a motor

vehicle, tractor, trailer or semi-trailer or a combination of these

vehicles intended exclusively for the carriage of goods;;

''week'' means the period between 00.00 hours on Monday and

(1) L-ebda impriża ma għandha tagħmel xogħol ta’

burdnar b’kiri jew b’kumpens jekk ma tkunx awtorizzata kif imiss

skond dawn ir-regolamenti.

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR

(2) L-Awtorità għandha toħroġ liċenza ta’ operatur għall-ġarr

stradali ta’ merkanzija lil kull impriża li jkollha l-ħsieb tuża vetturi

għall-ġarr ta’ merkanzija u li tissodisfa l-kondizzjonijiet ta’ dawn

ir-regolamenti u rekwiżiti oħra li l-Awtorità tista’ tistabbilixxi.

(3) Il-liċenza ta’ operatur għall-ġarr stradali ta’ merkanzija

għa ndha tinħareġ f ’ise m persuna naturali awtorizzata biex

tirrappreżenta lill-impriża.

(4) Il-liċenza ta’ operatur għall-ġarr stradali ta’ merkanzija

għandha tkun valida għal perijodu, kif hekk speċifikat fiha, sa

ħames snin mid-data li fiha tingħata sakemm ma tiġix revokata jew

sospiża u ma hix trasferibbli.

(5)

L-Awtorità għandha toħroġ

(a) liċenza ta’ operatur internazzjonali lil impriża b’ċentru

li minnu topera f’Malta li, waqt ix-xogħol ta’ ġarr

stradali ta’ merkanzija, ikollha l-ħsieb iġġorr

merkanzija barra minn Malta;

(b) liċenza ta’ operatur nazzjonali lil impriża b’ċentru li

minnu topera f’Malta li, waqt ix-xogħol ta’ ġarr

stradali ta’ merkanzija, ikollha l-ħsieb li ġġorr

merkanzija f’Malta

Iżda liċenza ta’ operatur internazzjonali għall-ġarr stradali

ta’ merkanzija tkopri l-ġarr stradali ta’ merkanzija sew barra minn

Malta sew f’Malta.

(6) L-għadd ta’ vetturi awtorizzati taħt il-liċenza ta’ operatur

jista’ jvarja f’kull żmien b’talba bil-miktub lill-Awtorità, u hekk kif

l-Awtorità tkun sodisfatta li d-detentur tal-liċenza għadu jissodisfa

r-rekwiżit ta’ pożizzjoni finanzjarja adatta, hi għandha għal din ir-

raġuni tbiddel il-liċenza ta’ operatur mingħajr iżda ma tibdel id-

data li fiha tagħlaq il-liċenza.

(7) Id-detentur ta’ liċenza ta’ operatur għall-ġarr stradali ta’

merkanzija għandu jkollu ċentru li minnu jopera li fih għandhom

jinżammu l-vetturi li jidhru fil-liċenza waqt li dawn ma jkunux

qegħdin jintużaw.

6.(1) (a) L-Awtorità tista’ teżenta mill-applikazzjoni ta’ kull

jew xi dispożizzjoni tar-regolament 7, lil burdnara li

jwettqu biss operazzjonijiet nazzjonali li jkollhom biss

effett mill-inqas fuq is-suq tat-trasport minħabba

-

fix-xorta tal-merkanzija li tinġarr; jew

-

fid-distanza qasira involuta.

(b) F’każ ta’ ċirkostanzi mhux previsti, l-Awtorità tista’

tagħti eżenzjoni temporanja sakemm tagħti d-deċiżjoni

finali tagħha.

(2) Huma eżenti milli jkollhom awtorizzazzjoni dawk il-

burdnara involuti f’servizzi ta’ tneħħija, ġarr ta’ provvisti tal-bini,

trasferiment tal-bagalji u servizzi ta’ kurrier bl-użu ta’ vetturi

esklusivament fuq territorju nazzjonali, bil-piż massimu awtorizzat

ta’ dawn il-vetturi jkun bejn 3.5 u 6 tunnellati.

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR [L.S.65.19

Amended by

L.N. 134 of 2006;

(Regulation 38)

XV. 2009.49.

European Community

M

Authority for Transport in Malta

Authorisation No ......

for the international carriage of goods by road for hire or reward

This authorisation entitles 1 ..................................................................................

to engage in the international carriage of goods by road for hire or reward by any

route, for journeys or parts of journeys effected for hire or reward within the

territory of the Community, as laid down in Council Regulation (EEC) No 881/92 of

26 March 1992 and subject to the general provisions of this authorization.

Authorised Holder of Authorisation

Name and Surname

Permanent Address

Passport Number

Place of Issue

Date of Issue

Date of Expiry

Particular remarks: ...............................................................................................

This authorisation shall be valid from ................................ to ...............................

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

................................................... 2

Name or business name and full address.

Signature and stamp of the Authority.

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

(Second page of the authorisation)

General provisions

This authorisation is issued under Council Regulation (EEC) No 881/92 of 26

March 1992, on access to the market in the carriage of goods by road within the

Community to or from the territory of a Member State or passing across the territory

of one or more Member States.

It entitles the holder to engage in the international carriage of goods by road for

hire or reward by any route for journeys or parts of journeys effected within the

territory of the Community and, where appropriate, subject to the conditions laid

down herein

-

where the point of departure and the point of arrival are situated in two

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

Member States or non-member countries,

-

from a Member State to a non-member country or vice versa, with or

without transit through one or more Member States or non-member

countries,

-

between non-member countries with transit through the territory of one

or more Member States,

and unladen journeys in connection with such carriage.

In the case of carriage from a Member State to a non-member country or vice

versa, this authorisation is valid for that part of the journey effected on the territory

of the Member State of loading and unloading upon conclusion of the necessary

agreement between the Community and the non-member country in question in

accordance with Regulation (EEC) No 881/2.

The authorisation is personal to the holder and is not transferable.

It may be withdrawn by the Authority for Transport in Malta, notably where the

haulier has

-

not complied with all the conditions for using the authorisation,

-

supplied incorrect information with regard to the data needed for the

issue or extension of the authorisation.

The original of the authorisation must be kept by the haulage undertaking.

A certified copy of the authorisation must be kept in the vehicle. In the case of a

coupled combination of vehicles it must accompany the motor vehicle. It covers the

coupled combination of vehicles even if the trailer or semi-trailer is not registered or

authorised to use the roads in the name of the authorisation holder or if it is

registered or authorised to use the roads in another Member State.

The authorization must be produced whenever required by an authorised

inspecting officer.

Within the territory of each Member State the holder must comply with the laws,

regulations and administrative provisions in force in that State, in particular with

regard to transport and traffic.

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Amended by

L.N. 134 of 2006;

(Regulations 43 and 49)

L.N. 423 of 2016.

1. The "green" lorry scheme

Member countries that participate in the "green" lorry scheme have more licences

than they would have had if they kept "basic" licences, although their licences can

only be used for the carriage of goods by means of lorries complying with the

following standards

Noise emissions for the vehicle

a)

(as laid down in the Motor Vehicle (EC Type Approval Regulations L.N.

95/02 published under the Product Safety Act (Cap 427) 2001 or ECE

Regulation No. 51/02 and KDV 1967 * )

78 dB (A) for vehicles with power up to 150 kW

80 dB (A) for vehicles with power over 150 kW.

Chemical exhaust emissions for diesel engines

b)

(as laid down in the Motor Vehicle (EC Type Approval) Regulations

L.N. 95/02 published under the Product Safety Act (Cap 427) 2001, or

in ECE Regulation No. 49/02, approval A ["EUR01"], as far as

production conformity is concerned)

CO: 4.9g/kWh

HC: 1.23g/kWh

Nox: 9.0g/kWh

Part: 0.4g/kWh †

A certificate of conformity with these standards is to be carried on board the

vehicle together with the logbook. People authorised to fill it in are either the

manufacturer or the authorised representative of the manufacturers in the State of

registration. In the latter case, the authorised representative has also to indicate the

name of the manufacturer of whom he is the authorised representative. The

certificate is issued once for the vehicle and does not have to be renewed, unless the

basic data indicated on it, for any kind of emissions, have been changed. The

certificate is available either in English or in French or in German. It must be

accompanied by translations into the other two languages. In any event, should an

on-the-spot check show that the emission values given on the certificate are

exceeded, it is considered that the technical specifications have not been met. In

such a case, the certificate is deemed to be invalid.

To facilitate and speed up frontier crossings, it is strongly recommended that

"green lorries" should display at the front of the vehicle a magnetic "badge" or

sticker. The badge should be green (background) and white (border) and bear the

inscription "U" or "E" (Umwelt=Environment).

2. The "greener and safe" lorry scheme

The requirements for the "greener and safe" lorry are the following

Noise emissions for the vehicle

*KDV - Kraftfahrgesetz-Durchfuhrungsverordnung HGV Act implementing regulations (Austria).

†In the case of engines of 85 kW or less, a coefficient of 1.7 is applied to the limit value for particles

emissions.

(as laid down in the Motor Vehicle (EC Type Approval) Regulations L.N. 95/02

published under the Product Safety Act (Cap 427) or in ECE Regulation No. 51/02

and KDV 1967 * )

78 dB(A) for vehicles < 150 kW

80 dB(A) for vehicles > 150 kW

Chemical exhaust emissions for diesel engines

(as laid down in the Motor Vehicle (EC Type Approval) Regulations L.N. 95/02

published under the Product Safety Act (Cap 427) 2001 or in ECE Regulation No.

49/02, approval B, ["EURO 2"])

CO: 4.0g/kWh

HC: 1.1 g/kWh

Nox: 7.0g/kWh

particle: 0.15g/kWh

Minimum technical and safety requirements

1. Vehicles and their trailers must have a minimum tread depth of 2 mm on

all tyres.

2. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to

in the regulations quoted must have a rear underrun protection device

(according to ECE Regulation No 58/01 or in the Motor Vehicle (EC

Type Approval) Regulations L.N. 95/02 published under the Product

Safety Act (Cap 427)).

3. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to

in the regulations quoted, must have lateral underrun protection guards,

in accordance with ECE Regulation No. 73/00 or in the Motor Vehicle

(EC Type Approval) Regulations L.N. 95/02 published under the

Product Safety Act (Cap 427).

4. Vehicles must have hazard warning signal, in accordance with ECE

Regulation No. 6/01 or in the Motor Vehicle (EC Type Approval)

Regulations L.N. 95/02 published under the Product Safety Act (Cap

427), and a red warning triangle, in accordance with ECE Regulation

No. 27/03.

5. Vehicles must use a tachograph, in accordance with ECE/UN "AETR

Agreement" or these Regulations and any other relevant regulations

issued under the Traffic Regulation Ordinance (Cap 65).

6. Vehicles must have speed limitation devices according to ECE

Regulation 89 or according to the Motor Vehicle (EC Type Approval)

Regulations L.N. 95/02 published under the Product Safety Act (Cap

427).

7. Heavy and long vehicles must have retroreflecting rear marking plates

according to ECE Regulation No 70/01.

8. Vehicles must have anti-lock brakes (in accordance with ECE

Regulation 13/09 or the Motor Vehicle (EC Type Approval) Regulations

L.N. 95/02 published under the Product Safety Act (Cap 427)).

9. Vehicles must have a steering device in accordance with ECE

Regulation 79/01 or the Motor Vehicle (EC Type Approval) Regulations

*KDV = kraftiahrgesetz-Durdlfuhrungsvuerordnung = HGV Act implementing regulations (Austria)

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

L.N. 95/02 published under the Product Safety Act (Cap 427).

10. Vehicles must fulfil the requirements concerning the roadworthiness test

as laid down in the Motor Vehicles (Roadworthiness Test) Regulations.

In compliance with this Regulation, the roadworthiness test has to be

passed every year; so that the certificate of compliance must not be

older than 12 months.

Furthermore, ECMT licences for the "greener and safe" lorry can only be used by

vehicles which comply with the technical specifications set out above and are valid

only if they are accompanied by fully completed certificates indicating compliance

with these technical standards. The certificates are available either in English or in

French. They must be accompanied by translations into two other languages, which

are German and the national language of the country of registration of the vehicle.

The certificates are available either in French or in English. They must be

accompanied by translations into two other languages, which are German and the

national language of the country of registration of the vehicle.

The certificate concerning noise and exhaust emissions requirements for "greener

and safe" lorries, can be filled in by the vehicle manufacturer, or the authorised

representative of the manufacturer in the country of registration. In the latter case,

the authorised representative has also to indicate the name of the manufacturer of

whom he is the authorised representative.

The certificate is issued once for the vehicle and does not have to be renewed,

unless the basic data indicated on it, for any kind of emissions, have been changed.

The certificates already filled-in (2001) will therefore remain valid as far as the

basic data indicated on them have not been changed. For certificates to be issued for

new vehicles or for vehicles where the basic data have been changed, countries

should however gradually use the new models for certificates as shown ni Annex 5

of the ECMT Agreement, at the latest as of 1 January 2002.

The certificate concerning safety requirements for "greener and safe" lorries can

be filled in either by

-

the competent validation services in the country of registration, if this

country does not authorise representatives of manufacturers;

-

the vehicle manufacturer, or the authorised representative of the

manufacturer in the country of registration, or

-

a combination of the competent validation services in the country of

registration and the vehicle manufacturer, or the authorised

representative of the manufacturer in the country of registration, when

all the equipment is not fitted by the vehicle manufacturer.

In case of an "authorised representative", he has also to indicate the name of the

manufacturer of whom he is the authorised representative. The certificate concerning

safety requirements for ''greener and safe'' lorries has to be renewed at least every

year, by means of a roadworthiness test.

Furthermore, minimum safety requirements are required for both the vehicle itself

and the trailer. Therefore, a specific certificate should be filled-in for trailers when

they are registered and checked for roadworthiness test.

These various certificates must be filled-in according to the provisions set out in

the respective Annexes of the ECWT Agreement, by

-

the body or establishment designated and directly supervised by the

State of registration for the purpose of (Motor Vehicle (EC Type

Approval) Regulations L.N. 95/02 published under the Product Safety

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Act (Cap 427)), or for newly manufactured vehicles;

-

the competent validation services in the country of registration;

-

the vehicle manufacturer, or the authorised representative of the

manufacturer in the country of registration, or

-

a combination of the competent validation services in the country of

registration and the vehicle manufacturer, or the authorised

representative of the manufacturer in the country of registration, when

all the equipment is not fitted by the vehicle manufacturer.

In any event, should an on-the-spot check show that the emission values and

safety requirements given on the certificate are not fulfilled, it is considered that the

technical specifications have not been met. In such a case, the certificate is deemed

to be invalid.

To facilitate and speed up frontier crossing, it is strongly recommended that

greener and safe lorries should display at the front of the vehicle a "magnetic" badge

or sticker modelled on that reproduced in Annex 10 of the ECMT Agreement. The

badge shall be green (background) and white (border) and bear the inscription "S" in

white (Sur=Safe=Sicher).

3. The "EURO3 sale" lorry scheme

The requirements for the "EURO3 safe" lorry are the following

Noise emissions for the vehicle

(as laid down in the Motor Vehicle (EC Type Approval) Regulations L.N. 95/02

published under the Product Safety Act (Cap 427) or in ECE Regulation No. 51/02

and KDV 1967 * )

78 dB (A) for vehicles < 150 kW

80 dB (A) for vehicles > 150 kW

Chemical exhaust emissions for diesel engines

(as laid down in ECE Regulation No. 49/03 † , approval A or the Motor Vehicle (EC

Type Approval) Regulations L.N. 95/02 published under the Product Safety Act (Cap

427), and according to ESC and ELR test cycles)

CO: 2.1 g/kWh

HC: 0.66g/kWh

NOx: 5.0g/kWh

Particles: 0.10 [0.13 ‡ ]g/kW corrected value of the absorption coefficient

0.8m -1

(as laid down in ECE Regulation No. 49/035, approval A or in the Motor Vehicle

(EC Type Approval) Regulations L.N. 95/02 published under the Product Safety Act

(Cap 427), and according to ETC test cycle)

CO: 5.45g/k/WH

NM.HC: 0.78g/kWh

CH4 * 1.6 g/kWh

Nox: 5.0g/kWh

*KDV - Krattfahrgesetz-Durchfiihrungsverordnung = HGV Act implementing regulations (Austria).

†As soon as the amendment including the provisions of Directive 1999/96/EC is implemented.

‡For engines having each cylinder under a 0.75 dm 3 and nominal regime above 3000 min

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Particles: 0.16 [0.21 * ]g/kWh

Minimum technical and safety requirements

1. Vehicles and their trailers must have a minimum tread depth of 2 mm on

all tyres.

2. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to

in the regulations quoted must have a rear underrun protection device

(according to ECE Regulation No. 58/01 or the Motor Vehicle (EC Type

Approval) Regulations L.N. 95/02 published under the Product Safety

Act (Cap 427) and any other relevant regulations issued under the

Traffic Regulation Ordinance (Cap. 65)).

3. Vehicles (semi-trailer tractors excepted) and their trailers, as referred to

in the regulations quoted, must have lateral underrun protection guards,

in accordance with ECE Regulation No. 73/00 or the Motor Vehicle (EC

Type Approval) Regulations L.N. 95/02 published under the Product

Safety Act (Cap 427).

4. Vehicles must have rear mirror according to ECE/UN Regulation R.46/

01 or to the Motor Vehicle (EC Type Approval) Regulations L.N. 95/02

published under the Product Safety Act (Cap 427).

5. Vehicles must have lighting and light signalling devices, in accordance

with ECE Regulation R.48/01 or with the Motor Vehicle (EC Type

Approval) Regulations L.N. 95/02 published under the Product Safety

Act (Cap 427).

6. Vehicles must use a tachograph, in accordance with ECE "AETR

Agreement" or the regulations regulating weights, dimensions and

equipment for motor vehicles.

7. Vehicles must have speed limitation devices according to ECE

Regulation R.89 or according to any other relevant regulations issued

under the Traffic Regulation Ordinance (Cap 65).

8. Heavy and long vehicles must have retroreflecting rear marking plates

according to ECE Regulation R. 70/01.

9. Vehicles must have anti-lock brakes (in accordance with ECE

Regulation R.13/09 or the Motor Vehicle (EC Type Approval)

Regulations L.N. 95/02 published under the Product Safety Act (Cap

427)).

10. Vehicles that are registered in Malta must have an on-board weighing

equipment in accordance with Motor Vehicles (Weights, Dimensions

and Equipment) Regulations, S.L. 65.21.

11. The aerodynamic devices referred to in the Motor Vehicles (Weights,

Dimensions and Equipment) S.L. 65.21 shall fulfil the following

operational conditions

in circumstances where the safety of other road users or of the

a.

driver is at risk, they shall be folded, retracted or removed by the

driver;

their use on urban and inter urban road infrastructures shall take

b.

into account the special characteristics of areas where the speed

limit is less than or equal to 50 km/h and where vulnerable road

*Only for natural gas engines and according to the provisions set up for ETC tests (cf. Annex III, Appendix

2. point 3.9 Directive 1999/96/EC).

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

users are more likely to be present; and

their use shall be compatible with intermodal transport operations

c.

and, in particular, when retracted/folded, they shall not exceed the

maximum authorized length by more than 20 cm.

12. Vehicles must have a steering device in accordance with ECE

Regulation R.79/01 or the Motor Vehicle (EC Type Approval)

Regulations L.N. 95/02 published under the Product Safety Act (Cap

427).

Vehicles must fulfil the requirements concerning the roadworthiness test as laid

down in the Motor Vehicle (Roadworthiness Test) Regulations. In compliance with

these Regulations, the roadworthiness test has to be passed every year, so that the

certificate of compliance must not be older than 12 months.

Furthermore, ECMT licences for the "EURO3 safe" lorry can only be used by

vehicles which comply with the technical specifications set out above and are valid

only if they are accompanied by fully completed certificates indicating compliance

with these technical and safety standards.

The certificates are available either in English or in French. They must be

accompanied by translations into two other languages, which are German and the

national language of the country of registration of the vehicle.

The certificate concerning noise and exhaust emissions requirements for "EURO3

safe" lorries, can be filled in by the vehicle manufacturer, or the authorised

representative of the manufacturer in the country of registration. In the latter case,

the authorised representative has also to indicate the name of the manufacturer of

whom he is the authorised representative.

This certificate is issued once for the vehicle and does not have to be renewed,

unless the basic data indicated on it, for any kind of emissions, have been changed.

The certificate concerning safety requirements for "EURO3 safe" lorries, can be

filled in either by the competent validation services in the country of registration, if

this country does not authorise representatives of manufacturers

-

the vehicle manufacturer, or the authorised representative of the

manufacturer in the country of registration, or

-

a combination of the competent validation services in the country of

registration and the vehicle manufacturer, or the authorised

representative of the manufacturer in the country of registration, when

all the equipment is not fitted by the vehicle manufacturer.

In case of an "authorised representative", he has also to indicate the name of the

manufacturer of whom he is the authorised representative. The certificate concerning

safety requirements for "EURO3 safe" lorries has to be renewed at least every year,

by means of a roadworthiness test.

Furthermore, minimum safety requirements are required for both the vehicle itself

and the trailer. Therefore, a specific certificate should be filled-in for trailers when

they are registered and checked for roadworthiness test.

These various certificates must be filled-in according to the provisions set out in

the respective Annexes of the ECMT Agreement, by

-

the body or establishment designated and directly supervised by the

State of registration for the purpose of the Motor Vehicle

(Roadworthiness Test) Regulations, or

-

for newly manufactured vehicles

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

the competeþnt validation services in the country of registration;

the vehicle manufacturer, or the authorised representative of the

manufacturer in the country of registration, or

a combination of the competent validation services in 'he country

of registration and the vehicle manufacturer, or the authorised

representative of the manufacturer in the country of registration,

when all the equipment is not fitted by the vehicle manufacturer.

In any event, should an on-the-spot check show that the emission values and

safety requirements given on the certificate are not fulfilled, it is considered that the

technical specifications have not been met. In such a case, the certificate is deemed

To facilitate and speed up frontier crossing, it is strongly recommended that

EURO3 safe lorries should display at the front of the vehicle a "magnetic" badge or

sticker modelled on that reproduced in Annex 10 of the ECMT Agreement. The

badge should be green (background) and white (border) and bear the inscription "3"

in white (3 = EUR 03).

(1) L-applikazzjoni għall-ħruġ jew tiġdid ta’ liċenza ta’

operatur għall-ġarr stradali ta’ merkanzija għandha ssir lill-

Awtorità u għandha tkun fil-forma u tinkludi dak it-tagħrif kif jista’

jiġi mitlub mill-Awtorità, flimkien ma’

(a) partikolaritajiet ta’ xi reat relevanti li dwaru jkun

instab ħati l-applikant matul il-ħames snin qabel id-

data li fiha ssir l-applikazzjoni;

(b) ċertifikat ta’ kompetenza maħruġ lill-applikant jew lil

persuna nominata mill-applikant;

(ċ) dikjarazzjoni ffirmata minn awditur jew accountant

fil-forma indikata fl-Ewwel Skeda;

(d) partikolaritajiet tan-numru jew klassi jew deskrizzjoni

ta’ kull vettura bil-mutur disponibbli għall-użu fin-

negozju tal-ġarr stradali ta’ merkanzija relevanti jew

negozju propost bħal dak. L-imsemmija vetturi

għandhom ikunu reġistrati mal-Awtorità jew mikrija

minn Stat Membru ieħor

Iżda għal vetturi mikrija minn Stat Membru ieħor biex

jintużaw fin-negozju relevanti ta’ ġarr stradali tal-

merkanzija, il-kuntratti ta’ kiri għall-vetturi rispettivi

li jikkonfermaw li dawn il-vetturi għandhom ikunu

għad-dispożizzjoni unika tal-applikant, għandhom jiġu

sottomessi wkoll

Iżda wkoll vettura mikrija minn Stat Membru ieħor ma

tistax tintuża f’Malta għal aktar minn xahrejn (2)

konsekuttivi f’kull sena kalendarja partikolari;

(e) dikjarazzjoni, meta vettura li tkun ser tkopri l-liċenza

ta’ operatur tkun għadha ma hix reġistrata f’isem l-

applikant, mis-sid reġistrat favur it-tħaddim ta’ l-

imsemmija vettura taħt dik il-liċenza ta’ operatur

partikolari;

(f)

partikolaritajiet tar-riżorsi finanzjarji disponibbli fir-

rigward tan-negozju relevanti; u

(g) dettalji ta’ ħaddiema mobbli, jekk ikun il-każ, li huma

impjegati jew li ser ikunu impjegati mill-applikant.

(2) L-Awtorità tista’ tesiġi li tagħrif li jingħata mill-applikant

fir-rigward ta’ applikazzjoni msemmija fis-subregolament (1) ikun

f’forma ta’ dikjarazzjoni statutorja jew ta’ affidavit ġuramentat fil-

forma kif tista’ tispeċifika l-Awtorità.

(3) Flimkien ma’ l-applikazzjoni għandu jiġi ppreżentat il-ħlas

adatt kif stabbilit mill-Awtorità.

(Regulation 23)

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

European Community

M

Authority for Transport in Malta

Driver Attestation No ...

for the international carriage of goods by road for hire or reward

under a Community Authorisation

This attestation certifies that on the basis of the documents presented by

(Name and business address of the haulier)

the following driver

Name and Forename: ............................................................................................

Date and place of birth: ................................. Nationality: ....................................

Date of issue: ............................................... Place of issue: .................................

Driving Licence Number: .....................................................................................

Date of issue: ............................................... Place of issue: .................................

Social Security Number: .......................................................................................

Is employed, in accordance with the laws, regulations or administrative provisions

and, as appropriate, the collective agreements, in accordance with the laws and

regulations in force in Malta, on the conditions of employment and of vocational

training of drivers in force in Malta to carry out road transport operations in Malta.

Particular Remarks: ..............................................................................................

This attestation shall be valid from .................................. to .................................

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

Signature and stamp of the Authority

(Second page of the Attestation)

(Text in Maltese or English)

GENERAL PROVISIONS

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

This attestation is issued under Council Regulation (EEC) No 881/92 of 26 March

1992, as amended, on access to the market in the carriage of goods within the

Community to or from the territory of a Member State or passing across the territory

of one or more Member States.

It certifies that the driver named therein is employed, in accordance with the laws,

regulations or administrative provisions and, as appropriate, the collective

agreements, in accordance with the rules applicable in Malta mentioned on the

attestation, on the conditions of employment and vocational training or drivers

applicable in Malta to carry out road transport operations in Malta.

The driver attestation shall belong to the haulier, who puts it at the disposal of the

driver designated therein when that driver drives a vehicle as defined in the

regulations, engaged in carriage using a community authorisation issued to that

haulier. The driver attestation is not transferab1e. The driver attestation shall be

valid only as long as the conditions under which it was issued are still satisfied and

must be returned immediate1y by the haulier to the Authority if these conditions are

no longer met.

It may be withdrawn by the Authority, in particular where the haulier has

-

not complied with all the conditions for using the attestation;

-

supplied incorrect information with regard to the data needed for the

issue or extension of the attestation.

A certified true copy of the attestation must be kept in the vehicle and must be

produced by the driver whenever required by an authorised inspecting officer.

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

(1) Meta l-Awtorità tiċħad applikazzjoni biex persuna

tibda tagħmel xogħol ta’ burdnar, l-Awtorità għandha b’avviż bil-

miktub, fi żmien sebat ijiem, tinforma lill-applikant bid-deċiżjoni

tagħha u tagħti r-raġunijiet għal dak ir-rifjut.

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR

(2) Meta l-Awtorità tiċħad applikazzjoni, l-applikant jista’, fi

żmien wieħed u għoxrin ġurnata li jibdew għaddejjin mid-data ta’

dak l-avviż, jappella quddiem bord ta’ l-appelli li għandu jitwaqqaf

skond id-disposizzjonijiet ta’ l-Awtorità għat-Trasport f’Malta.

Added by

L.N. 74 of 2010.

(Regulation 84)

Substituted by

L.N. 25 of 2025.

Guidelines on a common range of infringements against Regulation (EC) No 561/2006

of the European Parliament and of the Council dated 15 March, 2006 on the

harmonisation of certain social legislation relating to road transport and Council

Regulation (EEC) No 3821/85 of the 20 December 1985 on recording equipment inroad

transport, as amended, divided into categories according to their gravity.

1. Groups of infringements against Regulation (EC) No 561/2006

No

LEGAL

TYPE OF INFRINGEMENT

LEVEL OF

BASIS

SERIOUSNESS

MSI

VSI

SI

A

Crew

Article 5.1

Not respecting minimum ages for drivers

X

B

Driving periods

Article 6.1

Exceed daily driving time of 9 hours

9h < … <

when possibilities to extend to 10

10h

hours is not allowed

10h ≤ …

X

< 11h

11h ≤ …

X

Exceed daily driving time of 9 hours

13h30 ≤ …

X

by 50% or more

Exceed extended daily driving time of 10h < …

10 hours if extension is allowed

< 11h

11h ≤ … <

X

12h

12h ≤ …

X

Exceed daily driving time of 10 hours 15h ≤ …

X

by 50% or more

Article 6.2

Exceed weekly driving time

56h < …

< 60h

60h ≤ …

X

< 65h

65h ≤ …

X

< 70h

Exceed weekly driving time by 25% or 70h ≤ …

X

more

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Article 6.3

Exceed maximum total driving time

90h < … <

X

during two (2) consecutive weeks

100h

100h ≤ …

X

< 105h

105h ≤ …

X

< 112h30

Exceed maximum total driving time

112h30 ≤ … X

during two (2) consecutive weeks by

25% or more

C

Breaks

Article 7

Exceed uninterrupted driving time of

4h30 < …

X

4.5 hours before taking the break

< 5h

5h ≤ … < 6h

X

6h ≤ …

X

D

Rest Periods

Article 8.2

Insufficient daily rest period of less

10h ≤ …

X

than 11 hours if reduced daily rest

< 11h

period is not allowed

8h30 ≤ … <

X

10h

… < 8h30

X

Insufficient reduced daily rest period 8h ≤ … < 9h

X

of less than 9 hours if reduce is allowed 7h ≤ … < 8h

X

… < 7h

X

Insufficient split daily rest period of

3h + [8h ≤

X

less than 3 hours + 9 hours

… < 9h]

3h + [7h ≤

X

… < 8h]

3h + […

X

< 7h]

Article 8.5

Insufficient daily rest period of less

8h ≤ … < 9h

X

than 9 hours for multi-manning vehicle 7h ≤ … < 8h

X

… < 7h

X

Article 8.6

Insufficient reduced weekly resting

22h ≤ …

X

period of less than 24 hours

< 24h

20h ≤ … <

X

22h

… < 20h

X

Insufficient weekly resting period of

42h ≤ … <

X

less than 45 hours if reduced weekly

45h

resting period is not allowed

36h ≤ … <

X

42h

… < 36h

X

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Article 8.6

Exceeding 6 consecutive 24-hour

… < 3h

X

periods following the previous weekly 3h ≤ … <

X

rest period

12h

12h ≤ …

X

Article 8.6b

No compensation for two (2)

X

consecutive reduced weekly rest

periods

Article 8.8

Regular weekly rest period or any

X

weekly rest period of more than 45

hours taken in a vehicle

Article 8.8

The employer not covering any costs

X

for accommodation outside the vehicle

E

12-day rule derogation

Article 8.6a

Exceeding 12 consecutive 24-hour

… < 3h

X

periods following a previous regular

3h ≤ … <

X

weekly rest

12h

12h ≤ …

X

Article 8.6a

Weekly rest period taken following

67h

X

(b)(ii)

12 consecutive 24-hour periods

<…<69h

65h < … ≤

X

67h

… ≤ 65h

X

Article 8.6a(d)

Driving period, between 22:00

3h < … <

X

and 6:00, of more than 3 hours before

4.5 h

the break, if the vehicle is not multi-

4.5 h ≤ …

X

manned

F

Work organisation

Article 8.8a

Transport undertaking not organising

X

the work of drivers in such a way that

the drivers are able to return to the

employer’s operational centre, or to

return to the drivers’ place of residence

Article 10.1

Link between wage and, or payment

X

and distance travelled, speed of

delivery and, or amount of goods

carried

Article 10.2

No or improper organisation of driver's

X

work, no or improper instructions

given to driver enabling him to comply

with the law

In the above Table "MSI" means Most Serious Infringement, "VSI" means Very Serious Infringement", "SI"

means Serious Infringement, and "MI" means Minor Infringement.

2. Groups of infringements against Regulation (EU) No 165/2014

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF

SERIOUSNESS

MSI

Installation of tachograph

Articles 3(1), (4), (4a) Not having type-approved tachograph installed

X

and 22

and used

Use of tachograph, driver card or record sheet

Article 23(1)

Using a tachograph not inspected by an

approved workshop

Article 27

Driver holding and, or using more than one own

driver card

Driving with a driver card that has been falsified X

(considered as driving without driver card)

Driving with a driver card of which the driver is X

not the holder (considered as driving without

driver card)

Driving with a driver card which has been

X

obtained on the basis of false declarations and, or

forged documents (considered as driving

without driver card)

Article 32(1)

Tachograph not correctly functioning (e.g.

tachograph not properly inspected, calibrated

and sealed)

Articles 32(1) and

Tachograph improperly used (e.g.: deliberate,

33(1)

voluntary or imposed misuse, lack of instructions

on correct use, etc.)

Article 32(3)

Having in the vehicle and, or using a fraudulent X

device able to modify the records of the

tachograph

Falsifying, concealing, supressing or destroying X

data recorded on the record sheets or stored and

downloaded from the tachograph and, or the

driver card

Article 33(2)

Undertaking not keeping record sheets, printouts

and downloaded data

Recorded and stored data not available for at

least a year

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

Article 34(1)

Incorrect use of record sheets and, or driver card

X

Unauthorised withdrawal of record sheets or

X

driver card which has an impact on the record of

relevant data

Record sheet or driver card used to cover a

X

period longer than that for which it is intended

and data is lost

Article 34(2)

Use dirty or damaged record sheets or driver

X

card and data not legible

Article 34(3)

Not using manual input when required to do so

X

Article 34(4)

Not using correct record sheet or driver card not

X

in the correct slot (multi-manning)

Article 34(5)

Incorrect use of switch mechanism

X

I

Producing information

Article 34(5), point

Incorrect use or non-use of the ferry and, or train

X

(b)(v)

sign

Article 34(6)

Required information not entered on the record

X

sheet

Article 34(7)

Records not showing the symbols of the

X

countries whose borders were crossed by the

driver during the daily working period

Article 34(7)

Records not showing the symbols of the

X

countries where the driver’s daily working

period started and finished

Article 36

Refusing to be checked

X

Article 36

Unable to produce manual records and printouts

X

made during the current day and the previous 28

days (until 30 December 2024)

Unable to produce manual records and printouts

made during the current day and the previous 56

days (as of 31 December 2024)

Article 36

Unable to produce a driver card, if the driver

X

holds one

J

Malfunctioning

Articles 37(1) and

Tachograph not repaired by an approved fitter or

X

22(1)

workshop

Article 37(2)

Driver not marking all required information for

X

the periods of time, which are no longer recorded

while tachograph is unserviceable or

malfunctioning

In the above Schedule "MSI" means Most Serious Infringement, "VSI" means Very Serious Infringement", and

"SI" means Serious Infringement.

L-Awtorità għandha tistabbilixxi u żżomm reġistru elettroniku

nazzjonali tal-impriżi li huma involuti fil-ġarr stradali tal-merkanzija,

li għandu jikkonforma mar-rekwiżiti kollha stabbiliti fl-Artikolu 16

tar-Regolament (KE) Nru 1071/2009.

(1) Impriża li tkun tixtieq tibda tagħmel xogħol ta’ ġarr

stradali ta’ merkanzija kif jingħad f’dawn ir-regolamenti, għandha

tissodisfa r-rekwiżiti li ġejjin

(a) meta l-applikant għal liċenza ta’ operatur għall-ġarr

stradali ta’ merkanzija jkun persuna naturali, dik il-

persuna għandha tissodisfa lill-Awtorità li hi għandha

reputazzjoni u kondotta tajba u li hi f’pożizzjoni

finanzjarja adatta u għandha wkoll tkun tissodisfa l-

kondizzjoni dwar il-kompetenza professjonali;

(b) meta l-applikant għal liċenza ta’ operatur għall-ġarr

stradali ta’ merkanzija jkun soċjetà bi sħubija, hu

għandu jissodisfa lill-Awtorità li kull wieħed mill-

imsieħba jkollu reputazzjoni u kondotta tajba u li dik

is-soċjetà bi sħubija tkun f’pożizzjoni finanzjarja

adatta u tissodisfa l-kondizzjoni dwar il-kompetenza

professjonali;

(ċ) meta l-applikant għal liċenza ta’ operatur għall-ġarr

stradali ta’ merkanzija jkun kumpannija, din għandha

tissodisfa lill-Awtorità li kull wieħed mid-diretturi

jkollu reputazzjoni u kondotta tajba u li dik il-

kumpannija tkun f’pożizzjoni finanzjarja tajba u

tissodisfa

l-kondizzjoni

dwar

il-kompetenza

professjonali;

(d) meta l-applikant għal liċenza ta’ operatur għall-ġarr

stradali ta’ merkanzija jkun koperattiva jew

assoċjazzjoni, din għandha tissodisfa lill-Awtorità li

kull wieħed mill-membri tal-kumitat tal-koperattiva

jew ta’ l-assoċjazzjoni, skond ma jkun il-każ, ikollu

reputazzjoni u kondotta tajba u li dik il-koperattiva

jew assoċjazzjoni tkun f’pożizzjoni finanzjarja tajba u

tissodisfa

l-kondizzjoni

dwar

il-kompetenza

professjonali.

(2) Meta l-applikant ikun persuna naturali u ma jkunx jista’

jilħaq ir-rekwiżit ta’ kompetenza professjonali, l-Awtorità tista’

madankollu tippermetti lil dik il-persuna tinvolvi ruħha fix-xogħol

ta’ burdnar kemm-il darba hi taghti lill-Awtorità l-isem ta’ persuna

oħra li tista’ tissodisfa r-rekwiżiti ta’ reputazzjoni u kondotta tajba

u ta’ kompetenza professjonali, b’kondizzjoni li dik il-persuna

msemmija għandha kontinwament u effettivament tagħmel ix-

xogħol ta’ burdnar skond dawn ir-regolamenti.

(3)

Meta l-applikazzjoni ssir minn impriża li ma hix persuna

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR [L.S.65.19

naturali, ir-rekwiżiti ta’ kompetenza professjonali għandhom jiġu

sodisfatti minn persuna naturali nominata għaldaqshekk mill-

Awtorità, li kontinwament u effettivament tkun sejra tiġġestixxi l-

impriża skond dawn ir-regolamenti. Dik il-persuna naturali

għandha wkoll tissodisfa r-rekwiżit ta’ reputazzjoni u kondotta

tajba.

(4) Meta, għall-fini ta’ dan ir-regolament, impriża tinnomina lil

persuna naturali biex kontinwament u effettivament tiġġestixxi l-

operat tat-trasport stradali u dik il-persuna ma tibqax tiġġestixxi

dak l-operat, l-impriża għandha, fi żmien erbgħa u għoxrin ġurnata

minn meta dik il-persuna ma tibqax tiġġestixxi l-operat, tgħarraf

b’dan lill-Awtorità bil-kitba u l-Awtorità tagħti perijodu ta’ mhux

aktar minn tliet xhur li fih l-impriża tinnomina persuna oħra, li

għandha tissodisfa r-rekwiżiti ta’ reputazzjoni u kondotta tajba u

ta’ kompetenza professjonali.

(1) Persuna ma titqiesx li tissodisfa r-rekwiżit ta’

reputazzjoni u kondotta tajba jekk hija

(a) tkun insabet ħatja ta’ reati kriminali serji, inklużi reati

ta’ natura kummerċjali, matul l-aħħar ħames snin, jew

ta’ xi reat li jkollu piena ta’ priġunerija għal żmien

tliet xhur jew aktar, jew multa ta’ mill-inqas erba’ mija

u ħamsa u sittin euro u sebgħa u tmenin ċenteżmi

(465.87); jew ta’ żewġ reati jew aktar konnessi mal-

vjolenza;

(b) tkun insabet ħatja fl-aħħar sentejn ta’ kull reat relatat

ma’ reati dwar l-użu ta’ vettura bil-mutur;

(ċ) ġiet dikjarata mhux kapaċi li tagħmel ix-xogħol ta’

burdnar taħt xi regolamenti li jkunu fis-seħħ;

(d) tkun insabet ħatja ta’ reati serji ripetuti kontra regoli

fis-seħħ dwar

-

il-kondizzjonijiet dwar il-paga u l-impjieg fil-

professjoni; jew

-

it-trasport fit-triq, partikolarment ir-regoli dwar

is-sewqan, il-piżijiet u d-dimensjonijiet u l-

kapaċità ta’ ġarr tal-vettura, sigurtà stradali jew

dik tal-vetturi jew ħsara lill-ambjent;

(e) tkun instabet ħatja ta’ xi reati korrispondenti taħt xi

liġi ta’ pajjiż jew territorju barra minn Malta

Iżda meta l-applikant kellu inqas minn tmintax-il sena meta

jkun instab ħati kif deskritt fis-subregolament (1)(a) u (b), il-

perijodi msemmija jkunu rispettivament ta’ sentejn u sena.

(1) Il-pożizzjoni finanzjarja xierqa ta’ l-impriża għandha

tkun tikkonsisti fil-pussess ta’ riżorsi suffiċjenti biex taċċerta bidu

tajjeb u amministrazzjoni tajba ta’ l-impriża wara dak iż-żmien.

(2) Sabiex tiġi evalwata l-pożizzjoni finanzjarja, l-Awtorità

għandha tikkunsidra kull xorta ta’ ħidma u dan li gej

(a) il-kontijiet annwali ta’ l-impriża, jekk ikun hemm;

(b) il-fondi disponibbli, inklużi kontanti fil-bank, u

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR

faċilitajiet ta’ overdraft u ta’ self;

(ċ) kull attiv, inkluża proprjetà, li jkun disponibbli biex

jipprovdi sigurtà parzjali jew totali għall-impriża;

(d) l-ispejjeż, inklużi l-ispejjeż tax-xiri jew ħlas inizjali

għal vetturi, fondi, makkinarju u tagħmir, u kapital

għall-ħidma.

(3) Applikant għal, jew detentur ta’ awtorizzazzjoni maħruġa

skond ir-regolament 5, ma titqiesx bħala li hu f ’pożizzjoni

finanzjarja adatta jekk ma jkollux disponibbli riservi kapitali li

jammontaw għal jew jeċċedu l-aggregat ta’ €8,385.74 għall-ewwel

jew l-unika vettura li għandha tiġi awtorizzata skond il-liċenza; u

€4,658.75 għal kull vettura addizzjonali li għandha tiġi awtorizzata.

(4) L-Awtorità tista’ taċċetta bħala prova ta’ pożizzjoni

finanzjarja konferma jew assigurazzjoni minn bank jew istituzzjoni

finanzjarja oħra kwalifikata b’mod adatt. Din il-konferma tista’

tingħata fil-forma ta’ garanzija bankarja, rahan jew garanzija, jew

b’kull mod ieħor aċċettabbli għall-Awtorità.

Il-kondizzjonijiet dwar il-kompetenza professjonali jkunu

sodisfatti jekk l-applikant juri li jippossjedi l-għarfien meħtieġ billi

jgħaddi minn eżami bil-miktub u, jew wieħed orali, li jkun

jikkorrispondi għal-livell ta’ taħriġ għall-operazzjonijiet

Nazzjonali jew Internazzjonali skond il-każ, organizzat minn korp

approvat skond is-sillabu fil-Parti II tat-Tieni Skeda u li jkollu

ċertifikat dwar dan maħruġ minn dak il-korp. Dan iċ-ċertifikat, fil-

forma indikata fit-Tieni Skeda, iservi bħala prova ta’ kompetenza

professjonali.

(1) L-Awtorità tista’ teżenta mill-eżami bil-miktub, jew

parti minnu, dawk l-applikanti li jistgħu jġibu prova ta’ esperjenza

prattika bħala burdnar f ’pożizzjoni maniġerjali għal mill-anqas

ħames snin.

(2) L-Awtorità tista’ teżenta mill-eżami, jew parti minnu, lil

min għandu xi diplomi jew diplomi tekniċi ekwivalenti, li jkunu ta’

prova ta’ għarfien tajjeb tas-suġġetti koperti fis-sillabi nazzjonali u

internazzjonal rilevanti u d-detenturi ta’ ċertifikat ta’ kompetenza

professjonali maħruġ minn Stat Membru ieħor.

(3) Individwi jew impriżi li jġibu prova lill-Awtorità li kienu

awtorizzati taħt regoli ta’ Malta li jwettqu l-professjoni ta’ burndar

nazzjonali u, jew internazzjonali fi jew qabel l-1 ta’ Jannar 1997,

jitqiesu li jissodisfaw il-ħtiġiet tar-regolament 10(1)(b) u (ċ). Il-

ħtieġa tar-regolament 10(1)(a) għandha tintlaħaq mill-applikanti

kollha, u għandha tinġieb prova ta’ dan lill-Awtorità fl-istess ħin ta’

l-applikazzjoni.

(4) L-Awtorità tista’ titlob lill-burdnar li jġib prova mill-inqas

kull ħames snin jew skond id-diskrezzjoni ta’ l-Awtorità li huwa

jkun għadu jissodisfa l-ħtiġiet tar-regolament 10(1).

(1) L-Awtorità tista’ tirtira awtorizzazzjoni għar-raġunijiet

li ġejjin

(a) meta d-detentur ma jkunx għadu jissodisfa

l-

kondizzjonijiet stabbiliti bir-regolament 10(1); jew

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR [L.S.65.19

(b) meta d-detentur ikun ipprovda informazzjoni mhix

korretta lill-Awtorità għall-ħruġ jew it-tiġdid ta’ l-

awtorizzazzjoni; jew

(ċ) meta d-detentur ikun kiser xi kondizzjoni ta’ l-

awtorizzazzjoni tiegħu u ma rrimedjax dak in-nuqqas

minkejja li jkun ġie avżat bil-miktub dwar dak il-ksur

u jkun ingħata żmien raġonevoli biex jagħmel dan;

(d) f’każ ta’ xi ksur serju ta’ dawn ir-regolamenti, l-

Awtorità tista’ tissospendi l-awtorizzazzjoni. Dik is-

sospensjoni għandha tiġi imposta wara li titqies il-

gravità tal-ksur u tkun soġġetta għal appell quddiem it-

Tribunal Amministrattiv ta’ Reviżjoni stabbiliti skond

l-artikolu

ta’

l-Att

dwar

il-Ġustizzja

Amministrattiva, u d-disposizzjoni ta’ dan l-Att

għandha tkun tapplika għal appell bħal dak;

(e) fejn ir-rekwiżit tal-pożizzjoni finanzjara ma jiġix

sodisfatt fil-ħin ta’ spezzjoni, l-Awtorità tista’, fejn iċ-

ċirkostanzi ekonomiċi l-oħra ta’ l-impriża jagħtu

wieħed x’jifhem li r-rekwiżiti tal-pożizzjoni

finanzjarja se jintlaħqu b’mod sostenibbli fil-futur

immedjat skond ma jirriżulta minn pjan finanzjarju,

tagħti avviż ieħor ta’ mhux aktar minn sena.

(2) Meta r-reati kontra r-regoli li jirregolaw il-burdnara jkunu

saru minn burdnar mhux residenti u dawn jistgħu jwasslu li tigi

irtirata l-awtorizzazzjoni biex jagħmilha ta’ burdnar, l-Awtorità

għandha tipprovdi lill-Istat Membru li fih ikun stabbilit il-burdnar

bl-informazzjoni kollha li hija tkun tippossjedi dwar dawk ir-reati u

l-penali imposti.

Fil-każ ta’ mewt jew inkapaċità fiżika jew legali tal-

persuna naturali involuta fil-professjoni ta’ burdnar jew tal-persuna

naturali li tissodisfa r-rekwiżiti tar-regolament 10(1)(a) u (ċ), l-

Awtorità tista’ tippermetti t-twettiq tan-negozju ta’ burdnar fuq

bażi temporanja għal żmien mhux aktar minn sena, b’estensjoni

g ħ a l ż m i e n m h u x a k t a r m i n n s i t t x h u r. L - Aw t o r i t à t i s t a ’

b’eċċezzjoni u f ’każi speċjali, tawtorizza definittivament lil xi

persuna li ma tissodisfax ir-rekwiżit ta’ kompetenza professjonali

msemmija fir-regolament 13, li topera l-impriża jekk din il-persuna

għandha mill-inqas tliet snin esperjenza prattika fil-ġestjoni ta’

kuljum ta’ l-impriża.

TAQSIMA III

MIŻURI SOĊJALI

Disposizzjonijiet Ġenerali

L-età minima għax-xufiera li jwettqu l-ġarr stradali ta’

merkanzija hija dik speċifikata fir-Regolamenti dwar il-Vetturi bil-

Mutur (Liċenzi tas-Sewqan).

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR

(1) Ir-regolamenti 26, 27(2), 27(3), 27(4), 27(5), 28(2), 29

u 30 għandhom japplikaw biss għall-ġarr stradali internazzjonali ta’

merkanzija b’vetturi li l-piż massimu permissibbli tagħhom, inkluż

kull trailer, jew semi-trailer, ikun aktar minn 3.5 tunnellati.

(2) It-tipi ta’ vetturi elenkati fil-Parti I tar-Raba’ Skeda

għandhom ikunu eżentati mid-disposizzjonijiet ta’ din it-Taqsima

tar-regolamenti.

(3) Għall-fini ta’ din it-taqsima tar-regolamenti, ''impriża tat-

trasport'' tfisser kull persuna naturali, kull persuna legali, kull

assoċjazzjoni jew grupp ta’ persuni mingħajr personalità legali, li

tagħmel jew ma tagħmilx qligħ, jew kull korp uffiċjali, li jkollu l-

personalità legali tiegħu jew li jkun dipendenti fuq awtorità li

jkollha personalità bħal dik, li twettaq ġarr stradali, kemm b’kiri u

wkoll akkont ta’ persuna nnifisha.

L-età minima għax-xufiera involuti fil-ġarr

stradali

internazzjonali tal-merkanzija hija kif ġej

(a) għal vetturi, inkluż, meta jkun adatt, trailers jew semi-

trailers, bil-piż massimu permissibbli ta’ mhux aktar

minn 7.5 tunnellata, dsatax-il sena;

(b) għal vetturi oħrajn

-

wieħed u għoxrin sena jew

-

dsatax-il sena jekk il-persuna involuta jkollha

ċertifikat ta’ kompetenza professjonali maħruġ

mill-Awtorità jew minn awtorità kompetenti ta’

Stat Membru li jkun jikkonferma li tkun għamlet

kors ta’ taħriġ imsemmi fir-regolament 20.

Il-livell minimu tat-taħriġ għal xufiera li jkunu għalqu

dsatax-il sena u għadhom ma għalqux il-wieħed u għoxrin sena

biex jinvolvu ruħhom fil-ġarr tal-merkanzija stradali għandu

jikkonsisti f’kors li jkopri s-suġġetti msemmija fit-Tielet Skeda.

(1) Ix-xufiera ta’ l-etajiet imsemmija fir-regolament ta’

qabel għandhom ikunu wkoll akkwistaw liċenzja nazzjonali tas-

sewqan għal vetturi maħsuba għall-ġarr stradali tal-merkanzija

skond ir-Regolamenti dwar il-Vetturi bil-Mutur (Liċenzi tas-

Sewqan).

(2) Il-programm u l-organizzazzjoni tal-kors ta’ taħriġ

vokazzjonali msemmi fis-subregolament (1) għandhom jitwaqqfu

mill-Awtorità. Il-prova li dan it-taħriġ ikun tlesta għandha tiġi

pprovduta permezz ta’ eżami jew verifika mwettqa mill-Awtorità.

(3) Malli jitlesta l-kors imsemmi, ix-xufiera msemmija fis-

subregolament (1) għandhom jagħmlu eżami jew verifika mwettqa

mill-Awtorità.

(4) Ix-xufiera li jwettqu trasport nazzjonali f’Malta u xufiera li

jwettqu trasport internazzjonali b’vetturi reġistrati f’Malta jistgħu

jiġu rikjesti mill-Awtorità li jagħmlu taħriġ aktar intensiv minn dak

li hemm provdut dwaru fit-Tielet Skeda.

ĠARR STRADALI TA’ MERKANZIJA B’VETTURI BIL-MUTUR [L.S.65.19

(1) L-Awtorità għandha toħroġ ċertifikat ta’ kompetenza

professj on ali li x-xu fi era li ji lħ qu r- rek wi żiti st abbi li ti f ir-

regolament 20.

(2) Drittijiet akkwiżiti taħt is-subregolament (1) qabel id-dħul

fis-seħħ ta’ dawn ir-regolamenti jibqgħu validi bl-istess mod bħal

ċertifikati maħruġa skond dawn ir-regolamenti.

L-Awtorità għandha toħroġ l-attestazzjoni tax-xufier fis-

Seba’ Skeda lil kull burdnar li

(a) għandu awtorizzazzjoni Komunitarja;

(b) ikun legalment jimpjega xufiera li jkunu ċittadini ta’

Stati li m’humiex Stati Membri skond kull liġi jew

regolament dwar il-kondizzjonijiet ta’ impjieg jew

taħriġ vokazzjonali fis-seħħ f’Malta jew permezz ta’

xi ftehim kollettiv skond dawk il-liġijiet jew

regolamenti.

00 hours on the following Sunday;

''weekly driving time'' means the total accumulated driving time

during a week;

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

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

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

these regulations;

''working time” means

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

beginning to the end of work, during which the mobile

worker is at his workstation, at the disposal of the

employer and exercising his functions or activities,

being -

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

(ii) the times during which the mobile worker cannot

dispose freely of his time and is required to be at

his workstation, ready to take up normal work,

with certain tasks associated with being on duty,

in particular during periods awaiting loading or

unloading where their foreseeable duration is not

known in advance, that is to say either before

departure or just before the actual start of the

period in question, or under collective

agreements or any other agreement entered into

between the employer and mobile workers

employed by him in compliance with national

legislation;

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

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

employed driver is at his workstation, at the disposal

of the client and exercising his functions or activities,

being -

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

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

cannot dispose freely of his time and is required

to be at his workstation, ready to take up normal

work, with certain tasks associated with being

on duty, in particular during periods awaiting

loading or unloading where their foreseeable

duration is not known in advance, that is to say

either before departure or just before the actual

start of the period in question, or under

agreements between the social partners

Provided that general administrative work that is not

directly linked to the specific transport operation underway shall

not be deemed to be working time;;

''workstation” means -

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

undertaking for which the person performing mobile

road transport activities carries out duties, together

with its various subsidiary places of business,

regardless of whether they are located in the same

place as its head office or main place of business,

(b) the vehicle which the person performing mobile road

transport activities uses when he carries out duties, or

(c) any other place in which activities connected with

transportation are carried out.

3. If anything contained in these regulations which is

inconsistent or in conflict with the Motor Vehicles Regulations, the

presen t regu lations shall p revail and to th e ex tent of these

inconsistencies or conflicts the Motor Vehicles Regulations shall be

deemed to be null and void.

4. Any information given to the Authority in pursuance of

these regulations shall be covered by the Professional Secrecy Act.

PART II

ADMISSION TO THE OCCUPATION OF ROAD HAULAGE

OPERATOR

5. (1) No undertaking shall engage in the occupation of road

haulage operator for hire or reward unless duly authorized by the

Authority under these regulations.

(2) The Authority shall issue an operator’s licence for the

carriage of goods by road to any undertaking that proposes to use

goods transport vehicles and satisfies the conditions of these

regulations and other requirements which the Authority may

establish.

(3) An operator’s licence for the carriage of goods by road

shall be issued in the name of a natural person authorized to

represent the undertaking.

(4) An operator’s licence for the carriage of goods by road

shall be valid for a period, specified therein, of up to five years

from the date on which it was granted unless revoked or suspended

and shall not be transferable.

(5)

The Authority shall issue -

(a) an international operator’s licence to any undertaking

with an operating centre in Malta which, in the course

of its road freight operations, intends carrying goods

outside Malta;

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

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

road freight operations, intends carrying goods only in

Malta

Provided that an international operator’s licence for the

carriage of goods by road shall cover both the carriage of goods by

road outside Malta and within Malta.

(6) The number of vehicles authorised on the operator’s licence

may be varied at anytime upon a request in writing to the Authority,

and once the Authority is satisfied that the licence holder still

satisfies the requirement of financial standing, it shall vary the

operator ’s licence accordingly without however changing the

expiry date on that licence.

(7) The holder of an operator’s licence for the carriage of

goods by road shall be in possession of an operating centre where

vehicles used under the said licence shall be kept while not in use.

6. (a) The Authority may exempt from the application of all

or some of the provisions of regulation 7, road haulage

undertakings engaged exclusively in national transport

operations having only a minor impact on the transport

market because of

-

the nature of the goods carried, or

-

the short distance involved.

(b) In the event of unforeseen circumstances, the

Authority may grant a temporary exemption pending

its final decision.

(2) Road hauliers engaged in removal services, carriage of

building supplies, luggage transfer and courier services using

vehicles exclusively on national territory, the maximum authorised

weights of these vehicles being between 3.5 and 6 tonnes, shall be

exempt from authorisation.

7. (1) An application for the grant or renewal of an operator’s

licence for the carriage of goods by road shall be made to the

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

the Authority may require together with

(a) the particulars of any relevant offence of which the

applicant may have been convicted of in the five years

prior to the date of the making of the application;

(b) a certificate of competence granted to the applicant or

to a person designated by the applicant;

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

the form set out in the First Schedule;

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

motor vehicle available for use in the relevant road

freight business or proposed such business. The said

vehicles shall be registered with the Authority or

leased from another Member State

Provided that for vehicles leased from another

Member State to be used in the relevant road freight

business, the lease agreements for the respective

vehicles confirming that these vehicles shall be at the

sole disposal of the applicant, shall also be submitted

Provided further that a vehicle leased from another

Member State may not be used in Malta for more than

two (2) consecutive months in any given calendar year;;

(e) where the vehicle to be covered by the operator’s

licence is yet not registered in the name of the

applicant, a signed declaration from the registered

owner in favour of the operation of the said vehicle

under that particular operator’s licence;

(f)

particulars of the financial resources available as

regards any relevant such business; and

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

be employed by the applicant.

(2) The Authority may require any particulars given by an

applicant in relation to an application mentioned in subregulation

(1) to be contained in a statutory declaration or in a sworn affidavit

in such manner as the Authority shall specify.

(3) An application shall be accompanied by the appropriate fee

fixed by the Authority.

8. (1) Where the Authority refuses an application for

admission to the occupation of road freight operator, the Authority

shall by notice in writing, within seven days, inform the applicant

of its decision and the reasons therefor.

(2) Where the Authority refuses an application, the applicant

may, within twenty-one days starting on the date of such notice

appeal before an appeals board to be set up according to the

provisions of the Authority for Transport in Malta Act.

9. The Authority shall set up and maintain a national electronic

register of goods road transport undertakings, which shall comply with

all the requirements set out in Article 16 of Regulation (EC) No 1071/

2009.

10. (1) An undertaking wishing to engage in the occupation of

road haulage operator as set out in these regulations, shall satisfy

the requirements as laid down hereunder

(a) where the applicant for an operator’s licence for the

carriage of goods by road is a natural person, that

person shall satisfy the Authority that he is of good

repute and conduct and of appropriate financial

standing and satisfies the condition as to professional

competence;

(b) where the applicant for an operator’s licence for the

carriage of goods by road is a partnership, it shall

satisfy the Authority that each of the partners is of

good repute and conduct and that the said partnership

is of appropriate financial standing and satisfies the

condition as to professional competence;

(c) where the applicant for an operator’s licence for the

carriage of goods by road is a company, it shall satisfy

the Authority that each of the directors is of good

repute and conduct and the said company is of

appropriate financial standing and satisfies the

condition as to professional competence;

(d) where the applicant for an operator’s licence for the

carriage of goods by road is a cooperative or an

association, it shall satisfy the Authority that each

member of the committee of the cooperative or

association, as the case may be, is of good repute and

conduct and that the cooperative or association is of

appropriate financial standing and satisfies the

condition as to professional competence.

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

the requirement of professional competence, the Authority may

nevertheless permit that person to engage in the occupation of a

road haulage operator provided he designates to the Authority

another person who can satisfy the requirements of good repute and

conduct and professional competence, on condition that the latter

shall continuously and effectively manage the road haulage

operation in accordance with these regulations.

(3) Where the application is made by an undertaking that is not

a natural person, the requirement of professional competence shall

be satisfied by a natural person so designated to the Authority who

will continuously and effectively manage the undertaking in

accordance with these regulations. That natural person shall also

satisfy the rquirement of good repute and conduct.

(4) Where, for the purpose of this regulation, an undertaking

designates a natural person to continuously and effectively manage

the road transport operation and that person ceases to manage the

said operation, the undertaking shall within twenty-four days from

that occurrence notify the Authority in writing and the Authority

shall allow a period not exceeding three months within which the

undertaking designates another person, who shall comply with

r e q ui r e m e n t s o f g o od r e pu t e a n d c o nd u c t a n d p r o f e s s i o n a l

competence.

11. A person shall not be deemed to satisfy the requirement of

good repute and conduct if he

(a) has been convicted of serious criminal offences,

including offences of a commercial nature during the

last five years, or of a crime carrying a conviction of a

term of imprisonment of, or exceeding three months or

a fine of at least four hundred and sixty-five euros and

eighty-seven cents (465.87); or of two or more crimes

connected with violence;

(b) has been found guilty during the last two years of any

crime carrying a conviction for an offence concerning

the use of any motor vehicle;

(c) has been declared unfit to pursue the occupation of

road haulage operator under any rules in force;

(d) has been convicted of serious, repeated offences

against rules in force concerning

-

the pay and employment conditions in the

profession, or

-

road transport, in particular the rules relating to

driving, the weights and dimensions and

carrying capacity of vehicles, road or vehicle

safety or damage to the environment;

(e) has been convicted of any corresponding offence under

any law of a country or territory outside Malta

Provided that the applicant was less than eighteen years of

age at the time of such a conviction in paragraphs (a) and (b) the

periods referred to shall be respectively two years and one year.

12. (1) Appropriate financial standing of the undertaking shall

consist in having available sufficient resources to ensure proper

launching and proper administration thereafter of the undertaking.

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

Authority shall have regard to the type of any operation and to the

following

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

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

and loan facilities;

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

provide full or partial security for the undertaking;

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

vehicles, premises, plant and equipment, and working

capital.

(3) An applicant for, or holder of an authorisation issued under

regulation 5 shall not be considered to be of appropriate financial

standing unless he has available to him capital and reserves of an

amount equal to or exceeding the aggregate of: €8,385.74 for the

first or only vehicle which is to be authorised under the licence and,

€4,658.75 for each additional vehicle which is to be authorised.

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

confirmation or assurance given by a bank or other suitably

qualified financial institution. Such confirmation may be given in

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

means acceptable to the Authority.

13. The conditions relating to professional competence shall be

satisfied if the applicant demonstrates that he possesses the

requisite skills by passing a written and, or oral examination,

corresponding to the level of training for either the National or

International operations as the case may be, organised by an

approved body in accordance with the syllabus in Part 2 of the

Second Schedule and is the holder of a certificate to that effect

issued by that body. Such certificate, in the format indicated in the

Second Schedule shall serve as proof of professional competence.

14. (1) The Authority may exempt from written examination,

or part thereof, applicants who can provide proof of at least five

years’ practical experience as a road haulier in a managerial

position.

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

t h e r e o f , h o l d e r s of c e r t a i n d iplomas or te chnica l diploma s

equivalent, which provide proof of a sound knowledge of the

subjects covered in the relevant national and international syllabi

and holders of a certificate of professional competence issued by

other Member States.

(3) Individuals or undertakings furnishing proof to the

Authority that they were authorised under Maltese rules to engage

in the profession of national and, or international road passenger

transport operator, on or before 1 January 1997, shall be deemed to

satisfy the requirements of regulation 10(1)(b) and (c). The

requirement of regulation 10(1)(a) shall be met by all applicants,

proof of which shall be submitted to the Authority at the time of

application.

(4) The Authority shall require the haulier to submit evidence

at least every five years or at the Authority’s discretion that he

continues to fulfil the requirements of regulation 10(1).

15. (1) The Authority may withdraw an authorisation on the

following grounds

(a) where the holder no longer satisfies the conditions laid

down in regulation 10(1); or

(b) where the holder has supplied incorrect information to

the Authority in relation to the issue or renewal of the

authorisation; or

(c) where the holder has breached any of the conditions of

his authorisation and has not remedied such breach in

spite of his having been given written notice of the

breach and a reasonable time in which to do so.

(d) in the event of serious infringements of these

regulations, the Authority may suspend the

authorisation. Such suspension shall be imposed

having regard to the seriousness of the infringement

and shall be subject to appeal the Administrative

Review Tribunal established in terms of article 5 of the

Administrative Justice Act, and the provision of this

Act shall apply to such an appeal.

(e) where the requirement of financial standing is not

fulfilled at the time of checking, the Authority may,

where the undertaking’s other economic circumstances

give grounds for assuming that the requirements of

financial standing will again be sustainably fulfilled

within the foreseeable future on the basis of a financial

plan, give further notice of not more than one year.

(2) Where offences against the rules governing road haulage

have been committed by a non-resident haulier and might lead to

withdrawal of the authorisation to practise as a road haulage

operator, the Authority shall provide the Member State in which the

haulier is established with all the information in its possession

concerning those offences and the penalties imposed.

16. In the event of the death or physical or legal incapacity of

the natural person engaged in the profession of road haulage

operator or of the natural person who satisfies the requirements of

regulation 10(1)(a) and (c), the Authority may permit the carrying

on of the business of a road haulage operator on a temporary basis

for a maximum period of one year, with extension for a maximum

period of six months. The Authority may, by way of exception and

in certain special cases, definitively authorise a person not

fulfilling the requirement of professional competence referred to in

regulation 13 to operate the undertaking provided that such person

possesses at least three years’ practical experience in the day-to-

day management of the undertaking.

PART III

SOCIAL MEASURES

General provisions

17. The minimum age for drivers engaged in carriage of goods

by road shall be as specified in Motor Vehicles (Driving Licences)

Regulations.

18. (1) Regulations 19, 26, 27(2), 27(3), 27(4), 27(5), 28(2),

29 and 30 shall only apply to international carriage of goods by

r o a d w h e r e th e m a x i m u m p e r m i s s ib l e m a s s o f t he v e h i c l e ,

including any trailer, or semi-trailer, exceeds 3.5 tonnes.

(2) The types of vehicles listed in Part I of the Fourth Schedule

shall be exempt from the provisions of this Part of the regulations.

(3) For the purpose of this part of the regulations, ''transport

undertaking'' shall mean any natural person, any legal person, any

association or group of persons without legal personality, whether

profit-making or not, or any official body, whether having its own

legal personality or being dependent upon an authority having such

personality, which engages in carriage by road, whether for hire or

for own account.

19. The minimum age for drivers engaged in international

carriage of goods by road shall be as follows

(a) for vehicles, including, where appropriate, trailers or

semi-trailers, having a permissible maximum weight

of not more than 7.5 tonnes, nineteen years;

(b) for other vehicles

-

twenty-one years or

-

nineteen years provided that the person

concerned holds a certificate of professional

competence issued by the Authority or by the

competent authority of an Member State

confirming that he has completed a training

course mentioned in regulation 20.

20. The minimum level of training for drivers aged over

nineteen years and under twenty-one to engage in the carriage of

goods by road shall consist of a course covering the subjects

provided in the Third Schedule.

21. (1) Drivers of the ages mentioned in the previous

regulation shall also have obtained a national driving licence for

vehicles intended for the carriage of goods by road under the Motor

Vehicles (Driving Licences) Regulations.

(2) The programme and organisation of the course of

vocational training referred to in subregulation (1) shall be laid

down by the Authority. Proof that this training has been completed

shall be furnished by means of an examination or a check carried

out by the Authority.

(3) Upon completion of the said course, drivers referred to in

subregulation (1) shall undergo an examination or check to be

carried out by the Authority.

(4) Drivers carrying out national transport within Malta and

drivers carrying out international transport in vehicles registered in

Malta may be required by the Authority to undergo more extensive

training than that provided for in the Third Schedule.

22. (1) The Authority shall issue a certificate of professional

competence to persons who meet the requirements laid down in

regulation 20.

(2) Rights acquired pursuant to the provisions referred to in

subregulation (1) prior to the entry into force of these regulations

shall remain valid in the same way as certificates issued pursuant to

these regulations.

23. A driver attestation as contained in the Seventh Schedule

shall be issued by the Authority to any haulier who

(a) is the holder of a Community authorisation;

(b) lawfully employs drivers who are nationals of non-

Member States in accordance with any laws or

regulations governing the conditions of employment

and vocational training in force in Malta or by any

collective agreement in accordance with such laws or

regulations.

24. The driver attestation shall be subject to a maximum

validity period of five years, a true copy of which shall be kept at

the haulier’s premises.

(1) The minimum age for drivers’ mates shall be eighteen

years.

(2) In the case of internal transport operations the Authority

may reduce the minimum age for drivers’ mates to sixteen years on

a case-by-case basis, on condition that this is for purposes of

vocational training and subject to relevant employment legislation.

The European Agreement concerning the Work of Crews of

Vehicles engaged in International Road Transport (AETR) shall

apply instead of these regulations to international road transport

operations -

(a) between Malta and countries that are Contracting

Parties to the AETR, or in transit through such

countries, for the whole of the journey where such

operations are carried out by vehicles registered in

Malta, a Member State or in one of the said third

countries;

(b) between Malta and a country which is not a

Contracting Party to the AETR in the case of any

journey made within the Community or between Malta

and the Community where such operations are carried

out by vehicles registered in one of those countries.

27.(1)(a) The average weekly working time, including overtime,

for a mobile worker and a self-employed driver shall

not exceed forty-eight hours

Provided that the maximum weekly working time for a

mobile worker and a self-employed driver may be

extended to sixty hours only if, over a period of

seventeen consecutive weeks, an average of forty-

eight hours a week is not exceeded

Provided further that the said period may be extended

in relation to mobile workers and self-employed

drivers for objective or technical reasons or reasons

concerning the organization of work, by a collective

agreement, agreement between social partners or any

other agreement entered into between the employer

and mobile workers employed by him in compliance

with national legislation, from a period of seventeen

weeks to a period not exceeding twenty-six weeks.

(b) Working time for mobile workers employed by

different employers shall be the sum of the working

hours. The employer shall ask the mobile worker

concerned in writing for an account of time worked for

another employer and the mobile worker shall provide

such information in writing.

(c) Where night work is performed, the daily working

time of a mobile worker and self-employed driver shall

not exceed ten hours in each twenty-four hour period

Provided that the period of ten hours may be extended

in relation to mobile workers and self-employed

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)

drivers for objective or technical reasons or for

reasons concerning the organisation of work, by a

collective agreement, agreement between the social

partners or any other agreement entered into between

the employer and mobile workers employed by him in

compliance with national legislation.

(d) An employer shall ensure that the time limits specified

in the preceding paragraphs are complied with in the

case of each mobile worker employed by him.

(e) The times of breaks, rests and periods of availability

shall not be included in the calculation of working

time.

(f)

A period of availability shall not be treated as such

unless the mobile worker knows about that period of

availability and its reasonably foreseeable duration

before the commencement of that period of

availability.

(g) The time spent by a mobile worker driving in a team,

the time spent sitting next to the driver or on the

couchette while the vehicle is in motion shall be a

period of availability for that mobile driver.

(2)

(a) The daily driving time, including all driving time on

the territory of the European Union or of a third

country, shall not exceed nine hours, but it may be

extended up to twice in any week to not more than ten

hours.

(b) A driver must, after no more than six daily driving

p e r io ds , t a ke a w e e k ly r e s t per i od as d e f i ned i n

regulation 29(3).

(c) The weekly rest period may be postponed until the end

of the twelfth day if the total driving time over the

twelve days does not exceed the maximum

corresponding to twelve daily driving periods.

(3) The weekly driving time, including all driving time on the

territory of the European Union or of a third country, shall not

exceed fifty-six hours and shall not result in the maximum weekly

working time laid down in subregulation (1)(a).

(4) The total period of driving in any period of two consecutive

weeks shall not exceed ninety hours.

28.(1)(a) Without prejudice to the provisions of subregulation

(2), a person performing mobile road transport

activities shall work for no more than six consecutive

hours without a break.

(b) Where the working time of a person performing

mobile road transport activities exceeds six hours but

does not exceed nine hours, working time shall be

interrupted by a break of at least thirty minutes.

(c) Where the working time of a person performing

mobile road transport activities exceeds nine hours,

working time shall be interrupted by a break of at least

forty-five minutes.

(d) Breaks may be subdivided into periods of not less than

fifteen minutes each.

(2)

(a) A driver shall take an uninterrupted break of not less

than forty-five minutes after a driving period of four

and-a-half-hours, unless he takes a rest period.

(b) This break may be replaced by a break of at least

fifteen minutes followed by a break of at least thirty

minutes, each distributed over the driving period in

such a way as to comply with the provisions of the

preceding paragraph.

(1) A mobile worker shall take daily and weekly rest

periods.

(2) A daily rest period of eleven hours shall be taken within

each period of twenty-four hours after the end of the previous daily

rest period or weekly rest period

Provided that the daily rest period may be reduced to at

least nine hours no more than three times between any two weekly

rest periods.

(3) A daily rest period may be extended to make a regular

weekly rest period or a reduced weekly rest period.

(4) Notwithstanding subregulation (2), a mobile worker

engaged in multi-manning shall, within thirty hours from the end of

a daily or weekly rest period, take a new daily rest period of at least

nine hours.

(5)

(a) In any two consecutive weeks a mobile worker shall

take at least -

-

two regular weekly rest periods, or

-

one regular weekly rest period and one reduced

weekly rest period of at least twenty-four hours

Provided that the reduction shall be compensated by an

equivalent period of rest taken en bloc before the end

of the third week following the week in question.

(b) A weekly rest period shall start no later than at the end

of six twenty-four-hour periods from the end of the

previous weekly rest period.

(6)

(a) Any rest taken as compensation for a reduced weekly

rest period shall be attached to another rest period of at

least nine hours.

(b) Where a mobile worker chooses to do this, daily rest

periods and reduced weekly rest periods away from

base may be taken in a vehicle, as long as the vehicle

has suitable sleeping facilities for each mobile worker

and the vehicle is stationary.

(7) A weekly rest period that falls in two weeks may be

counted in either week, but not in both.

(1) Notwithstanding regulation 29, a mobile worker

engaged in the carriage of goods who accompanies a vehicle which

is transported by ferry or train, that mobile worker may interrupt

the regular daily rest period not more than twice by other activities

not exceeding one hour in total and during that regular daily rest

period, the mobile worker shall have access to a bunk or couchette.

(2) Any time spent travelling to a location to take charge of a

motor vehicle used for the carriage of goods, or to return from that

location, when the vehicle is neither at the mobile worker’s home

nor at the employer’s operational centre where the mobile worker is

normally based, shall not be counted as a rest or break unless the

mobile worker is on a ferry or train and has access to a bunk or

couchette.

(3) Any time spent by a mobile worker driving any other motor

vehicle which is not a goods carrying motor vehicle, which is not at

the driver’s home or at the employer’s operational centre where the

mobile worker is normally based, shall count as other work.

(1) A transport undertaking shall not give drivers it

employs or who are put at its disposal any payment, even in the

form of a bonus or wage supplement, related to distances travelled

and, or the amount of goods carried if that payment is of such a

kind as to endanger road safety and, or encourages infringement of

these regulations.

(2) A transport undertaking shall be liable, unless proved

otherwise, for infringements committed by a driver of the

undertaking, even if the infringement is committed on the territory

of another Member State or of a third country

Provided that the contravention was not due to an

unavoidable delay in the completion of a journey arising out of

circumstances which the undertaking could not reasonably have

forseen, or the contravention was not due to the fact that the driver

had for any particular period or periods driven or been on duty

otherwise than in the employment of that undertaking.

(3)

Transport undertakings shall ensure that -

(i)

all data is downloaded from the vehicle’s recording

equipment at least every three months and from the

driver card at least every twenty-eight days;

(ii) all data downloaded from both the vehicle’s recording

equipment and from the driver card is kept for at least

twelve months following recording and, should an

inspecting officer request it, such data shall be

accessible, either directly or remotely, from the

premises of the undertaking.

(4) Undertakings, consignors, freight forwarders, principal

contractors, subcontractors and driver employment agencies shall

ensure that contractually agreed transport time schedules respect

these regulations.

Insofar as road safety is not thereby jeopardised and to

enable him to reach a suitable stopping place, the driver may depart

from the provisions of regulations 27(2), 27(3), 27(4), 27(5), 28(2),

29 and 30 to the extent necessary to ensure the safety of persons, of

the vehicle or of its load. The driver shall indicate the reason for

such departure from those provisions manually on the record sheet

of the recording equipment or on a printout from the recording

equipment or in the duty roster, at the latest on arrival at the

suitable stopping place.

(1) A transport undertaking shall -

(a) organize the work of mobile workers in such a way

that mobile workers are able to comply with the

relevant provisions of these regulations and any other

relevant legislation,

(b) notify every driver or any other mobile worker in his

employment of the provisions of regulations 27 to 30,

the internal rules of the transport undertaking, where

applicable, and the provisions of any collective or any

other agreement applicable to the said worker reached

on the basis of these regulations;

(c) keep a record of any time worked by each mobile

worker in his employment in accordance with

regulation 73(1)(b). The working time may be

recorded by any recording equipment available for the

use of the mobile workers, or in a logbook issued by

the Authority for the purposes of recording working

time; and

(d) provide, at the request of a mobile worker, a copy of

the record of hours worked by that mobile worker.

(2) A mobile worker shall, on the request of his employer,

notify to his employer any time worked for another employer for

inclusion in the calculation of the mobile worker’s working time.

(3) The records referred to in subregulation (1) shall be kept by

the employer for a period of two years after the end of the period

covered by the said records.

(4) Employers shall make periodic checks to ensure that all

legal requirements have been complied with and if breaches are

found to have occurred, the employer shall take appropriate steps to

prevent their repetition.

(5) A self-employed driver shall keep a record of any working

time by the use of any recording equipment available or in a log

book issued by the Authority for such purposes and shall keep such

records in his possession at all times during working times.

(6) The records referred to in sub-regulation (5) shall be kept

by the self-employed driver for a period of two years after the end

of the period covered by the said records.

(7) The self-employed driver and the employer of mobile

workers shall, upon the request of the Authority, provide the

Authority with copies of any records kept in accordance with this

regulation for inspection by the Authority. Such copies shall be

certified by the signature of the self-employed driver or the

employer as the case may be.

(8) Any authorised inspecting officer may carry out any

inspections at workstations in order to ensure compliance with this

regulation.

(9) Any person who contravenes or fails to comply with the

provisions of regulations 27 to 29 and 33 shall be guilty of an

offence and shall be liable to a minimum fine (ammenda) of fifty-

eight euros and twenty-three cents (58.23).

The Authority may grant exceptions from the application

of the provisions of regulations 19 to 33 to road haulage operations

carried out in exceptional circumstances, if such exceptions do not

seriously jeopardise the objectives of these regulations. In urgent

cases it may grant a temporary exception for a period not exceeding

thirty days.

PART IV

MARKET ACCESS

Access to the national market

(1) In order to carry out national road haulage operations

using goods vehicles on a permanent basis, any undertaking must

be authorised as provided for in regulation 5.

(2) The Authority shall provide the holder with a certified true

copy of the authorisation for every vehicle for which it is to be

used.

(3) The vehicles for which the authorisation is being used shall

be at the exclusive disposal of the holder when hired, and must be

driven by employees of the holder or the holder himself.

(4)

For the transport of containers and swap bodies

(a) the shipper is to give to the hauler to whom it entrusts

the transport of a container or swap body a statement

indicating the weight of the container or swap body

transported; and

(b) the hauler is to provide access to all relevant

documentation provided by the shipper.

(5) The Authority shall lay down such other rules as necessary

governing the requirements of national road haulage operations and

market access.

Access to the Community market

Under the conditions established in regulation 38, all types

of carriage by road for hire or reward and on own account where

such carriage is performed to or from or in transit through Malta

are liberalised.

The types of carriage and unladen journeys made in

conjunction with the types of carriage listed in Part II of the Fourth

Schedule shall be exempted from the requirement of obtaining an

authorisation under this Part.

(1) The Authority shall issue a Community authorisation

in accordance with the model set out in the Fifth Schedule to any

road haulage operator fulfilling the following conditions

(a) he is authorised under regulation 5;

(b) he satisfies the conditions laid down in accordance

with rules in the Member States on the admission to

the occupation of road haulage operator in national

and international transport operations in accordance

with regulation 10;

(c) he meets legal requirements on road safety as far as the

standards for drivers and vehicles are concerned.

(2) In order to carry out international road haulage operations

using goods vehicles between Malta and Member States for hire

a n d r e wa rd an y c a r r i e r sa tisfyi n g t he c r i te ri a l a id do w n in

s ub r e g ul a t i on (1 ) m us t ho l d a C o m m un i ty au th o ri s a t i on in

conjunction with a driver attestation if the driver is a national of a

non-Member State.

(3) The Authority shall issue the haulier with the original of a

Community authorisation, which shall be kept by the haulier, and

the number of certified true copies corresponding to the number of

vehicles used for the international carriage of goods at the disposal

of the holder of the Community authorisation, either in full

ownership or any other form, notably by virtue of an instalment-

purchase contract, a hire contract or a lease contract.

(4) The Community authorisation shall be issued in the name of

the haulier and shall be non-transferable. A certified true copy of

the Community licence shall be carried on the vehicle and shall be

presented at the request of any authorised inspecting officer.

(5) The Community licence shall be issued for a period of five

years and shall be renewable.

(6) The Community authorisation shall replace the document

issued by the Authority certifying that the carrier has access to the

market f or th e i nternational carriage of g oods or any p rior

authorisation.

(7) When an application for a licence is submitted, and least

every five years thereafter, the Authority shall carry out a review

whether the haulier satisfies or continues to satisfy the conditions

established under these regulations.

(8) A Community authorisation shall also be valid for national

operations.

If the conditions established under these regulations are not

satisfied, the Authority shall reject the application for the issue or

renewal of the application as the case may be, and shall give

reasons for such a decision.

(1) The Authority may withdraw an authorisation on the

following grounds

(a) where the holder no longer satisfies the conditions laid

down in regulations 5 to 16 and 23; or

(b) where the holder has supplied incorrect information to

the Authority in relation to the issue or renewal of the

authorisation.

(2) In the event of serious infringements or repeated minor

infringements of these regulations, the Authority may inter alia

tem porarily or partially suspend the authorisation and may

withdraw the driver attestation of such hauliers where they are

established in Malta and may also make the issue of driver

attestations subject to additional conditions in order to prevent use.

Such measures shall be imposed having regard to

(a) the seriousness of the infringement; and

(b) the total number of certified copies of the

authorisation held by the holder in respect of

international traffic.

Any decision by the Authority in accordance with

regulation 40 shall be subject to appeal before the Administrative

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

Administrative Justice Act, and the provision of this Act shall

apply to such an appeal.

Access to the market in ECMT member countries

The performance of road haulage operations to or from or

within ECMT member countries shall be subject to an ECMT

licence.

(1) Such licence shall be obtained upon an application

being submitted in writing to the Authority accompanied by a

manufacturer ’s certificate of conformity in accordance with

guidelines contained in the Sixth Schedule and any information it

may require for this purpose.

(2) The Authority shall recognise ECMT licences issued in

other ECMT member countries.

(3) An ECMT licence shall only be valid for one vehicle at any

one time, and shall be carried on board the vehicle for the entire

journey.

The ECMT licence holder may also use such licences for

vehicles which are leased or hired without driver.

(1) The vehicle for which the ECMT licence is being used

shall be at the exclusive disposal of the holder when hired, and

must be driven by employees of the holder or the holder himself.

(2)

The following must also be kept in the vehicle

(a) the contract of hire, or a certified extract from that

contract giving in particular the name of the lessor, the

name of the lessee, the date and duration of the

contract and the vehicle identification number;

(b) where the driver is not the person hiring the vehicle,

the driver’s employment contract or a certified extract

from that contract giving in particular the name of

employer, the name of the employee and the date and

duration of the employment contract, or a recent pay

slip.

(3) Where the Authority deems it necessary, it may replace the

documents referred to in subregulation (2) by an equivalent

document issued for that purpose.

(4)

An ECMT licence is non-transferable.

The name of the person operating the vehicle on behalf of

the lessor shall appear on the first page of the licence.

The transport operations described in Part III of the Fourth

Schedule shall be exempt from the requirement of an ECMT

licence.

(1) The holder of an ECMT licence shall keep a logbook,

in the format prescribed by the Authority and made out in his name.

Such logbooks shall not be transferable.

(2) The logbook shall bear the same number as the ECMT

licence to which it refers and shall be kept on board the vehicle

together with such licence.

(3) The haulier shall produce the logbook for inspection upon

demand by an authorised inspecting officer, who may then stamp

the logbook.

(1) An ECMT licence shall be invalid if it does not

contain the following particulars entered indelibly

(a) name or business name and full address of the

undertaking;

(b) signature and stamp of the body issuing the licence;

(c) dates on which the validity of the licence begins and

ends;

(d) date of issue of the licence.

(e) Licences for ''green'' or ''greener and safe'' or ''EUR03

safe'' vehicles, as defined in the Sixth Schedule, are

also considered invalid, if a spot check shows that the

emission or safety requirements laid down for such

vehicles are not fulfilled.

(2) Licences may be withdrawn by the Authority, more

particularly in the event of serious or repeated infringements and in

cases of insufficient use or use for bilateral transport operations

only.

(3) In case that it is discovered that a forged, lost or stolen

ECMT licence is being used, or that an EMCT licence is being used

by a haulier other than the licence holder or in case of use of a

forged certificate, the licence is to be withdrawn immediately and

communicated to the competent authority in the country of the

haulier’s registration.

(4) Likewise if it is discovered that an outdated or expired

ECMT licence is being used, it shall be withdrawn immediately and

communicated to the relevant authority.

Licences that are withdrawn or surrendered may be re-

issued to other hauliers for the remaining period of validity. In such

cases, licences shall be cancelled and replaced by a reserve licence

before being issued to another haulier for the remaining period of

time.

(1) Where licences are cancelled or replaced,

the

Authority shall inform the ECMT Secretariat.

(2) Similarly, forged certificates for ''green'' or ''greener and

safe'' or ''EUR03 safe'' vehicles shall be transm itted to the

co mp eten t aut horit y of th e co unt ry i n whi ch the veh icl e i s

registered.

(3) In cases where a licence is lost or stolen, the issuing

Authority or body must be notified immediately. The Authority

may replace it by another licence for the remaining period of

validity.

(4) The Authority shall notify the ECMT Secretariat of the

serial numbers of lost or stolen licences and of their replacements.

Access to the market in other countries

The Authority shall by means of regulations determine the

conditions for market access relating to countries with which Malta

has bilateral agreements other than Member States or ECMT

member countries subject to the provisions of such agreements.

Access to the national market by non-resident hauliers established

in Member States (‘Cabotage’)

Any haulier for hire or reward who is a holder of a

Community authorisation and whose driver, if he is a national of a

non-Member State, holds a driver attestation, shall be entitled to

carry out cabotage operations on a temporary basis in Malta,

without having a registered office or other establishment in Malta.

(Revoked by Legal Notice 225 of 2007).

(Revoked by Legal Notice 134 of 2006).

(Revoked by Legal Notice 134 of 2006).

A non-resident haulier shall have at his disposal the vehicle

either under full ownership or under any other title including a hire-

purchase, hire or leasing contract.

Repealed by Legal Notice 187 of 2023.

(Revoked by Legal Notice 134 of 2006).

(Revoked by Legal Notice 134 of 2006).

The performance of cabotage transport operations shall be

subject to any law, regulation or other measure in force in Malta, in

particular relating to

(a) the rates and conditions governing the transport

contract;

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

conditions of the regulations regulating weights,

dimensions and equipment for motor vehicles;

(c) requirements relating to the carriage of certain

categories of goods, in particular dangerous goods,

perishable foodstuffs and live animals;

(d) driving and rest time;

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

Provided that this regulation shall apply equally to resident

and non-resident hauliers established in the Member States.

The Community authorisation or a certified true copy

thereof shall be kept on board the vehicle and shall be produced

when requested by any authorised inspecting officer.

The technical standards of construction and equipment of

vehicles used to carry out cabotage operations shall comply with

the requirements for vehicles put into circulation in international

transport.

PART V

USE OF VEHICLES WITHOUT DRIVERS UNDER NATIONAL

OPERATION

(1) It shall be possible to use within the territory of Malta

vehicles hired by undertakings established in Member States other

than Malta provided that

(a) the vehicle is registered or put into circulation in

compliance with the laws of any Member State and, if

applicable, used in compliance with Regulations (EC)

No 1071/2009 and (EC) No 1072/2009;

(b) the contract relates solely to the hiring of a vehicle

without a driver, and is not accompanied by a service

contract concluded with the same undertaking

covering driving employees or accompanying

personnel;

(c) the hired vehicle is at the sole disposal of the

undertaking using it during the period of the hire

contract;

(d) the vehicle is driven by personnel of the undertaking

hiring it;

(e) proof of compliance with the conditions of paragraphs

(a) to (d) shall be provided by presentation of the

following documents in paper or electronic form,

which shall be on board the vehicle

(i)

the contract of hire, or a certified extract from

that contract giving in particular the name of the

lessor, the name of the lessee, the date and

duration of the contract and the vehicle

identification number;

(ii)

where the driver is not the person hiring the

vehicle, the driver’s employment contract or a

certified extract from that contract giving in

particular the name of employer, the name of the

employee and the date and duration of the

employment contract, or a recent pay slip.

(2) Where the Authority deems it necessary, it may replace the

documents referred to in paragraph (e) of sub-regulation (1) by an

equivalent document issued for that purpose.

(3) The Authority shall enter the registration number of a hired

vehicle used by an undertaking which engages in the carriage of

goods by road for hire or reward in the national electronic register

referred to in regulation 9.

(4) The Authority shall cooperate closely with the competent

authorities of other Member States and shall swiftly provide them

with mutual assistance and with any relevant information in order

to facilitate the implementation and enforcement of this regulation.

To this end, the Authority shall designate a national contact point

responsible for the exchange of information with the other Member

States.

(5) The exchange of information related to this regulation shall

take place through the European Registers of Road Transport

Undertakings (ERRU) as specified by Commission Implementing

Regulation (EU) 2016/480.

(6) The Authority shall ensure that the information received

pursuant to this regulation is used only in respect of the matters for

which it was requested. Any processing of personal data shall be

c a r r ie d o u t s o l e l y f o r t he p u r p os e s o f co m p l y i n g w i t h t h i s

regulation and shall comply with Regulation (EU) 2016/679.

(7) The Authority shall provide the administrative cooperation

and assistance to the competent authorities of other Member States

in relation to this regulation free of charge.

(8) A request for information received or made by the

Authority in relation to this regulation shall not preclude the

requesting competent authorities from taking measures in

accordance with the relevant Union and national law to investigate

and prevent alleged breaches of rules resulting from the

transposition of Directive (EU) 2022/738.

(9) The authority shall take the necessary measures to ensure

that the processing of the data referred to in sub-regulation (3)

complies with the requirements for the information referred to in

Article 16(2), point (g), of Regulation (EC) No 1071/2009 as

specified in Article 16(2), third and fifth sub-paragraphs, and in

Article 16(3) and (4) of that Regulation.

(10) The Authority shall ensure that the data referred to in sub-

regulation (3) is accessible during roadside checks carried out by the

enforcement officers of the Authority..

PART VI

RATES AND CONDITIONS FOR THE CARRIAGE OF GOODS

BY ROAD

(1) This regulation and regulation 66 shall apply to the

carriage of goods by road in Malta for hire or reward even if, at the

time of such carriage operations, part of the journey is performed

-

in transit through another country; or

-

by a road vehicle which is carried by another means of

transport, without intermediate reloading of the goods.

(2) The rates for the carriage operations referred to in

subregulation (1) shall be set by free agreement between the parties

to the haulage contract.

For the purposes only of market surveillance the Authority

may request hauliers, forwarding agents, freight brokers and other

transport agents to provide information concerning the rates

charged for international carriage of goods by road.

PART VII

USE OF GOODS VEHICLES IN MALTA

Any goods vehicle used on the public highway shall be fit

and safe for the conveyance of goods.

Any goods vehicle used on the public highway shall have

its load firmly secured or appropriately covered so as to prevent

any part of it falling or spilling out onto roadway or otherwise

endangering the safety of traffic or of persons.

In no case shall the load being carried by a goods vehicle

(a) reach a height which will impair the stability of the

vehicle;

(b) reach a height that would render the vehicle in excess

of the maximum permissible height contained in the

regulations regulating the weights, dimensions and

equipment of motor vehicles;

(c) project beyond the overall width of the body.

In special cases, however, the Commissioner of Police in

consultation with the Authority may give temporary permission in

writing t o the owners of goods vehicles to d epart from the

conditions laid down in paragraphs (b) and (c) subject to any

conditions he deems fit.

In the event of damage of any kind being caused to the

public highway or any related equipment or street furniture the

haulier shall be responsible for the full costs of restoration of the

status quo ante. All goods vehicles driving on roads in Malta shall

be covered by a valid insurance policy which provides cover for

such eventualities.

No person shall drive or permit to be driven a goods

vehicle when, from any cause whatsoever, the exhaust pipe or its

connections emit any smoke, grit, sparks, ashes, cinders or oily

substances.

No person shall stop, whether temporarily or otherwise,

and leave unattended, or shall park any goods vehicle or leave a

container in any public highway or public open space whether

enclosed or otherwise other than in an authorised parking place or

at an authorised container storage depot

Provided that the Commissioner may in exceptional cases,

in any particular case, and under such conditions as he may deem

fit to impose, grant an exemption from this provision

Provided further that the Commissioner may also issue a

licence for empty containers to be parked or stacked in factory

grounds, whether privately owned or otherwise, as specified in

such licence, under such conditions as he may deem fit to impose.

The parking of goods vehicles in an authorised parking

place or an authorised storage depot must fully comply with any

rules and regulations in force relating to the parking of such

vehicles.

The loading and unloading of goods vehicles on the public

highway shall be subject to any relevant traffic regulations

prevailing at the time.

(1) Passengers may not be carried by goods vehicles

except that -

(a) one person may be permitted to sit next to the driver of

a goods vehicle whilst it is in use;

(b) they are the persons who are in charge of the goods or

engaged in loading and unloading them.

(2)

The Commissioner may, in special cases, grant permission

(a) to owners of goods vehicles to carry persons in their

vehicles other than those in charge of the goods;

(b) to bona fide contractors and bona fide bodies to

transport workmen free of any charge or reward in

their goods vehicles, from the mustering point to their

principal place of work and other work sites and return

provided such places of work are not situated within

easy reach of an established bus route and provided

that there is in respect of such goods vehicle an

appropriate insurance to cover workmen carried

therein free of charge.

Fish and fresh meat may not be carried in goods vehicles

unless these are specially constructed and approved by the Director

General of the Health Division in Malta or a recognised competent

authority in a Member State for that purpose.

Any vehicle being operated nationally or internationally

carrying dangerous goods as defined in the European Agreement

concerning the International Carriage of Dangerous Goods by

Road, 2003 (''ADR Agreement'') shall comply with the

requirements of the regulations regulating the carriage of

dangerous goods by road.

PART VIII

COMBINED TRANSPORT OF GOODS

In the case of combined transport for hire or reward, a

transport document shall be presented to the Authority upon

request. Such document shall specify the rail loading and unloading

stations relating to the rail leg, or the inland waterway loading and

unloading ports relating to the inland waterway leg, or the maritime

loading and unloading ports relating to the maritime section of the

journey, and the road loading or unloading stations or ports relating

to a road leg not being the initial or final leg of the journey.

(1) Details referred to in the previous regulation shall be

recorded before the transport operation is carried out and shall be

confirmed by means of a stamp affixed by the relevant authority

when the Maltese leg of the journey has been completed.

(2) Any haulier established in a Member State who meets the

conditions of regulations 5 to 33 shall have the right to carry out

the initial or final road haulage legs of a combined transport

operation. In addition, a haulier for hire or reward shall comply

with security pass arrangements in force in the port areas.

Where a trailer or semi-trailer belonging to an undertaking

engaged in own-account haulage is hauled on a final section by a

tractor belonging to an undertaking engaged in transport for hire or

reward, the transport operation so effected shall be exempt from

presentation of the document provided for in regulation 78.

However, another document shall be provided giving evidence of

the journey covered or to be covered by rail, by inland waterway,

by sea or by road, where that part of the journey covered by road

does not form the initial or final leg.

(1) Where the dispatching undertaking carries out the

initial road haulage leg on its own account, the receiving

undertaking may carry out the final leg on its own account, even

though the trailer or semi-trailer is registered or hired by the

dispatching undertaking.

(2) Where the receiving undertaking carries out the initial road

haulage leg on its own account, the dispatching undertaking may

carry out the final leg on its own account, even though the trailer or

semi-trailer is registered or hired by the receiving undertaking.

PART IX

INSPECTIONS

The haulier’s authorisation shall be carried on the vehicle

and shall be presented at the request of any authorised inspecting

officer.

Hauliers shall allow all inspections intended to ensure that

operations are being conducted correctly, in particular as regards

driving and rest periods and regarding equipment, weights and

dimensions. In order to ensure compliance with these regulations,

authorised inspecting officers shall be empowered to

(a) check the books and other documentation relating to

the operation of the transport undertaking;

(b) make copies of, or take extracts from, the books and

documentation on the premises;

(c) have access to all the transport undertaking’s premises,

sites and vehicles;

(d) require the production of any information contained in

books, documentation or databases.

(1) The Authority shall check on the compliance of the

international haulier through random checks carried out at the

quayside, roadside or at the premises of the undertaking in

particular for the purposes of and in accordance with Directive

2006/22/EC and Directive (EU) 2015/719 and during inspections

for the purposes of the said Directives, authorized inspecting

o ff i c e r s s h a l l f o l l o w t h e g u i d e l i n e s o n t h e s e r i o u s n e s s o f

infringements provided for in the Eighth Schedule

Provided that the Authority shall organise checks in such a

way that at least three percent (3%) of days worked by drivers of

vehicles falling within the scope of Regulation (EC) No 561/2006 and

Regulation (EU) No 165/2014 are checked.

(2) Such checks shall be carried out by authorized inspecting

officers using -

(a) equipment capable of downloading data from the

vehicle unit and driver card of the digital tachograph,

reading data, and analyzing data and, or transmitting

findings to a central database for analysis,

(b) equipment to check the tachograph sheets; and

(c) specific analysis equipment, with appropriate

software, to verify and confirm the digital signature

attached to data, as well as specific analysis software

to provide a detailed speed profile of vehicles prior to

the inspection of their recording equipment

Provided that quayside and roadside checks on compliance

with Part IX of these regulations shall be limited to aspects that can

be checked efficiently through the tachograph and related recording

equipment and comprehensive checks on compliance with these

regulations shall be carried out only at the premises of the

undertaking.

(2a) The Authority shall target its checks towards the transport

undertaking, in case that one or more of the hauliers working for a

transport undertaking is found to be continuously or seriously

infringing Regulation (EC) No 561/2006 or Regulation (EU) No 165/

2014;

(3) The Authority shall introduce a risk rating system for

undertakings for the purposes of Article 9 of Directive 2006/22/EC.

(4) A transport undertaking with a high risk rating under the

risk rating system introduced under sub-regulation (3) may make

representations to the Authority regarding its rating. The Authority

shall consider the representations and notify the undertaking of its

conclusions.

(5) The Authority shall submit information to the Commission in

accordance with Article 17 of Regulation (EC) No 561/2006 and Article

13 of Directive 2002/15/EC, which shall include the number of drivers

checked at the quayside or roadside, the number of checks at the

premises of undertakings, the number of working days when inspections

were held and the number and type of infringements reported, and shall

indicate whether passengers or goods were transported.

(6) In order to facilitate targeted roadside and quayside checks,

the data contained in the national risk rating system shall be

accessible to all the competent enforcement authorities in Malta

concerned at the time of control.

(7) The Authority shall make the information contained in the risk

rating system introduced under sub-regulation (3) directly accessible

to the enforcement authorities of other Member States in accordance

with article 16 of Regulation (EC) No 1071/2009 through

interoperable national electronic registers as referred to in article 16(2)

of that Regulation.

(8) Without prejudice to the Posting of Workers in Malta

Regulations and in order to further enforce the obligations within the

Posting of Drivers in Malta Regulations, the Authority shall ensure

that a coherent national enforcement strategy is applied in the territory

of Malta. This strategy shall focus on undertakings with a high risk

rating under the risk rating system, referred to in sub-regulation (3).

Quayside or roadside checks shall cover -

(a) daily and weekly driving times, breaks and daily and

weekly rest periods, as well as the preceding days’

record sheets which have to be carried on board the

vehicle and, or the data stored for the same period on

the driver card and, or in the memory of the recording

equipment and, or on printouts;

(b) the records of the current day of the check and the

records of the twenty-eight (28) days prior, for any cases

where the vehicle’s authorised speed is exceeded, being

any periods of more than one (1) minute during which the

vehicle’s speed exceeds ninety kilometres per hour (90

km/h) for category N 3 motor vehicles;

(c) where appropriate, momentary speeds attained by the

vehicle as recorded by the recording equipment in no

more than the previous twenty-four hours’ use of the

vehicle;

(d) the correct functioning of the recording equipment, thus

determining the possible misuse of the equipment and, or

the driver card, and, or record sheets, and, where

appropriate, verification that the posting was notified in

accordance with regulation 6 of the Posting of Workers in

Malta Regulations;

(e) where appropriate, and with due regard to safety

considerations, a verification of the recording

equipment installed in vehicles in order to detect the

installation and, or use of any device, or devices,

intended to destroy, suppress, manipulate or alter any

data, or which is intended to interfere with any part of

the electronic data exchange between the component

parts of recording equipment, or which inhibits or

alters the data in such ways prior to encryption;

(f)

technical requirements of the regulations regulating

weights, dimensions and equipment for motor vehicles;

(g) extended maximum weekly working times of sixty

(60) hours and other weekly working times as set out

in regulation 27, only where technology enables

effective checks to be carried out

Provided that notwithstanding the foregoing paragraphs (a)

to (g), during a roadside or quayside check, the driver shall be

allowed to contact the operating centre, the transport manager or

any other person or entity in order to provide, before the end of the

quayside or roadside check, any evidence which is found to be

missing on board

Provided further that this is without prejudice to the

d r i v e r ’s ob l i g a t i o n t o en s u r e t h e p r o p e r u s e o f t a c h og r a p h

equipment.

(1) Checks carried out at the premises of internationally

operating hauliers established in Malta shall be planned in the light

of past experience in relation to the various types of transport and

undertakings and shall be carried out if serious infringements of

Regulation (EC) No 561/2006 or Regulation (EU) No 165/2014 or

of these regulations have been detected by means of quayside or

roadside checks.

(2) Checks carried out at the premises of internationally

operating hauliers established in Malta shall in addition to the

provisions of regulation 85, include the following

(a) weekly rest period and driving times between these

rest periods;

(b) observance of the two-weekly limitations of driving

times;

(c) record sheets, vehicle unit and driver card data and

printouts;

(d) compliance with maximum average weekly working

times, breaks and night work requirements;

(e) observance of the obligations of undertakings as

regards the payment for drivers’ accommodation and

the organization of the drivers’ work;

(3) The Authority may, if it deems appropriate, check on the joint

liability of other instigators or accessories in the transport chain, such

as shippers, freight forwarders or contractors, if an infringement is

detected, including verification that contracts for the provision of

transport permit compliance with Regulations (EC) No 561/2006 and

Regulations (EU) No 165/2014.

For the purposes laid down in these regulations, checks

carried out on the basis of relevant documents handed over by

undertakings at the request of the Authority, shall have the same

status as checks carried out at the premises of undertaking.

(1) The Authority shall, at least six (6) times per year,

carry out concerted roadside or quayside checks, on drivers and

vehicles falling within the scope of Regulation (EC) No 561/2006

or Regulation (EU) No 165/2014.

(2)

The Authority shall organize additional concerted checks

at premises of undertakings.

(3)

The concerted checks mentioned in sub-regulations (1)

and (2) shall be carried out at the same time by the enforcement

authorities of two (2) or more Member States, each operating in its

own territory.

The Authority shall be responsible for intracommunity

relations and shall have the following tasks

(a)

to ensure coordination with enforcement

authorities in the other Member States concerned as regards

actions on concerted checks;

(b)

to forward the biennial statistical returns to the

European Commission under Article 17 of Regulation (EC) No

561/2006;

(c)

to be primarily responsible for assisting the

competent authorities of other Member States;

(d)

to ensure exchange of information with the other

Member States pursuant to regulation 87C with regard to the

application of these regulations.

(1) Information made available bilaterally under

Article 22(3) of Regulation (EC) No 561/2006 shall also be exchanged

between the Authority and the competent enforcement authorities of

other Member States and notified to the European Commission in

accordance with regulation 87B

(a)

at least once every six (6) months after the 2nd

February 2022;

(b)

upon reasoned request by a Member State in

individual cases.

(2)

The Authority shall provide the information requested by

another Member State pursuant to sub-regulation (1)(b) within twenty-

five (25) working days from the receipt of the request, unless a shorter

time-frame is agreed between the Member States. In urgent cases or in

cases requiring only a simple consultation of registers, such as

registers of a risk rating system, the requested information shall be

provided within three (3) working days

Provided that where the Authority considers that the

request is insufficiently reasoned, it shall inform the requesting

Member State accordingly, within ten (10) working days from the

receipt of the request. The requesting Member State shall further

substantiate the request. Where the requesting Member State is unable

to further substantiate the request, the Authority may reject the

request

Provided further that where it is difficult or impossible to

comply with a request for information or to carry out checks,

inspections or investigations, the Authority shall inform the requesting

Member State accordingly within ten (10) working days from the

receipt of the request and provide reasons to duly justify that difficulty

or impossibility. Every effort shall be made with a view of finding a

solution.

(3) The exchange of information provided for in this regulation

shall be implemented through the Internal Market Information System

("IMI"), established by Regulation (EU) No 1024/2012, unless such

information is being exchanged by Member States through direct

consultation of national electronic registers referred to in article 16(5)

of Regulation (EC) No 1071/2009.

(1) Any person who contravenes regulation 5 shall be

guilty of an offence and shall, on summary conviction thereof, be

liable to a fine (multa) of fifty-eight euro and twenty-three cents

(58.23).

(2) Any person who, for the purpose of obtaining for himself or

for another person the grant or renewal of a haulier operator ’s

licence, makes a declaration required by these regulations which he

knows to be false, shall be liable to criminal action.

(3) Any person who makes use of a vehicle for the carriage of

goods for hire or reward when that vehicle is not listed in an

operator ’s licence, shall be guilty of an offence and shall, on

conviction, be liable to a fine (ammenda) not exceeding fifty-eight

euro and twenty-three cents (58.23).

(4) Any person who contravenes the provisions of regulation

38(2) shall be guilty of an offence and shall, on conviction, be

liable to a fine (ammenda) of fifty-eight euro and twenty-three

cents (58.23).

(5) Any person who contravenes the provisions of regulations

27, 28, 29 and 31 shall, be guilty of an offence and shall, on

conviction, be liable to a fine (ammenda) of fifty-eight euro and

twenty-three cents (58.23).

(6) Any person who contravenes the provisions of regulation

35(4) shall be guilty of an offence and shall, on conviction, be

liable to a fine (ammenda) of fifty eight euro and twenty-three

cents (58.23).

(7) Any person who contravenes regulation 62 shall be guilty

o f a n o ff e n c e a n d s h a l l , o n c o n v i c t i o n , b e l i a b l e t o a f i n e

(ammenda) of fifty-eight euro and twenty-three cents (58.23).

MOTOR VEHICLES (CARRIAGE OF GOODS BY ROAD)