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Authority For Transport In Malta Act (Cap. 499) Vehicle Hire Services Regulations, 2010 (L.N. 88 Of 2010 )

VERŻJONI ELETTRONIKA

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I N e x e r c i s e o f t h e p o w e r s c o n f e r r e d b y a r t i c l e 4 3 o f th e A u th o r ity f o r Tr an s p o r t in M alta A ct, th e M in is ter f o r Infrastructure, Transport and Communications, after consultation with the Authority for Transport in Malta, has made the following regulations:-

Regulations, 2010.

“authorisation” means an authorisation given by the Authority under these regulations to a vehicle hire service operator;
“the Authority” means the Authority for Transport in Malta as established by article 5 of the Authority for Transport in Malta Act;
“bicycle assisted by an engine” means a bicycle which is propelled by a combination of pedals and a motor;
“the European Union” has the same meaning as is given to it in the European Union Act and includes Norway, Iceland and Liechtenstein;
“goods carrying vehicle” means any N1, or N2 or N3 motor vehicle;
“hire” shall include a long-term lease covered by a lease agreement;
“hirer” means a person who is granted the right to drive a hired motor vehicle for the duration of a hire;

Title.

Interpretation.

Cap. 356.

Cap. 356.

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“Malta Environment and Planning Authority” means the Malta Environment and Planning Authority as established under the Development Planning Act;
“M1 vehicle” means a motor vehicle used for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat;
“M2 vehicle” means a motor vehicle used for the carriage of passengers, comprising more than eight seats in addition to the driver’s seat, and having a maximum mass not exceeding 5 tonnes;
“M3 vehicle” means a motor vehicle used for the carriage of passengers, comprising more than eight seats in addition to the driver ’s seat, and having a maximum mass exceeding 5 tonnes;
“Member State” means a Member State of the European
Union;
“motor cycle” means a two-wheel vehicle, without or with a sidecar, fitted with an engine having a cylinder capacity of more than 50 cm3 of the internal combustion type and, or having a maximum design speed of more than 45 km/h, which, for the purpose of these regulations, is licensed to be hired from a vehicle hire service operator;
“ m o t o r t r i c y c l e ” m e a n s a v e h i c l e w i t h t h r e e symmetrically arranged wheels fitted with an engine;
“motor vehicle” means any mechanically self-propelled vehicle, including a motor cycle, a motor tricycle and a bicycle assisted by an engine, intended for use on the road, other than a vehicle running on rails, which, for the purpose of these regulations, is licensed to be hired from a vehicle hire service operator;
“N1 vehicle” means a motor vehicle used for the carriage of goods and having a maximum mass not exceeding
3.5 tonnes;
“N2 vehicle” means a motor vehicle used for the carriage of goods and having a maximum mass exceeding 3.5 tonnes but not exceeding 12 tonnes;

“N3 vehicle” means a motor vehicle used for the carriage of goods and having a maximum mass exceeding 12 tonnes;
“operator” means any person authorised by the Authority to operate a vehicle hire service;
“passenger carrying vehicle” means any M1, M2 or M3 motor vehicle;
“vehicle hire service” means the offering of motor vehicles for hire.

(2) No such authorisation shall be given unless the applicant intends to have registered and licensed for such purpose at least four motor vehicles and such authorisation shall be withdrawn by the Authority if its results in any given time that the number of vehicles being operated under the said authorisation is less than four vehicles.
(3) To qualify for an authorisation, an applicant –
(a) shall have a proper office from where the service shall be administered; and
(b) shall provide proof that he is in possession of a premises, approved for the purpose by the Malta Environment and Planning Authority, in which he shall garage every motor vehicle registered and licensed in the name of the operator whilst not hired or leased out.

(a) a physical person; (b) a partnership;
(c) a cooperative society, or
(d) a company.
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Authorisation required.

Application for authorisation.

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(2) Every application shall be made on the prescribed form and shall be signed:
(a) where the application is made under sub-regulation
(1)(a), by the individual making the application; and
(b) where the application is made under sub-regulation (1)(b), (c) or (d) by a person duly authorised by the partnership, cooperative or company.
(3) An application to operate a vehicle hire service shall be subject to a fee of twenty euro (20) and shall include a declaration by the applicant whereby the applicant confirms that every motor vehicle shall be parked in a premises whilst not hired out or leased. The applicant shall provide the address or addresses of the said premises, together with copies of the permits issued by the Malta Environment and Planning Authority and a floor plan of the premises duly signed and certified by an architect and civil engineer (perit) identifying the floor area which will be used for the garaging of vehicles not hired or leased out.
(4) Where an operator already established in Malta applies for any additional authorization, or where an operator established in another Member State applies for authorisation from the Authority, the operator shall not be required to undergo requirements and controls which are equivalent or essentially comparable as regards their purpose to which the applicant is already subject in Malta or another Member State.
(5) Where an applicant is not already established in Malta or in another Member State and proposes to act as an operator in more than one place in Malta in the same application process (Dual Application) or following the first application (Subsequent Application), the applicant shall:
(a) in the case of a Dual Application, not be required to provide the information which is common to both places more than once but shall provide any information which is specific or particular to such additional places; and
(b) in the case of a Subsequent Application, provide only that information which was given in the original application and which is at the date of such subsequent application not valid anymore and provide that information

which is specific or particular to such additional places in accordance with paragraph (a):
Provided that the term “applicant” shall not include those applicants which have had their application or applications validly and conclusively refused by the Authority.
(6) Notwithstanding anything contained in sub- regulations (4) and (5), the applicant shall still complete any application form as may be required by the Authority.

(a) the period within which the application shall be processed in accordance with these regulations;
(b) the available means of redress where the Authority refuses an application for an authorisation; and
(c) a statement that in the absence of a response within the period referred to in paragraph (a), the authorisation shall be deemed to have been granted.
(2) In the case of an incomplete application, the applicant shall be informed within seven days of receipt about the need to supply any additional documentation.

Provided that where circumstances necessitate an extension for consideration of an application, such period may be extended once by the Authority for a period not exceeding fifteen days and the applicant shall be notified of the extension, its duration and the reasons therefor.
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Applications to be acknowledged.

Investigations and inspections.

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(2) Where the Authority has not taken a decision within the prescribed or extended period referred to in this regulation the application shall be deemed to have been decided in favour of the applicant.

Surrender, suspension or withdrawal of authorization.

Provided that where an operator opts to cease to operate the vehicle hire service for a period of time not exceeding one calendar month in any particular calendar year, the operator shall seek the prior approval of the Authority, and such approval shall be granted by the Authority if it is satisfied that reasonable grounds exist for temporary closure:
Provided further that where an operator ceases to operate the vehicle hire service without permission from the Authority or beyond the term allowed, the Authority may revoke the authorisation.
(2) The Authority may at any time and on reasonable grounds suspend, withdraw or revoke an authorisation by giving an operator a notice in writing containing the reasons for such suspension, withdrawal or revocation:
Provided that unless there exist gross acts of misconduct o r n e g l i g e n c e o r a n y o t h e r s e r i o u s g r o u n d s f o r i m m e d i a t e suspension, withdrawal or revocation, the operative date of such notice shall be not less than twenty-eight days from the date of notification.
(3) An authorisation in respect of which a notice is given in accordance with sub-regulation (2) shall, unless it is cancelled before that date, cease to have effect on the date specified in the notice.
( 4 ) U p o n t h e t e r m i n a t i o n o r r e v o c a t i o n o f a n authorisation, any person previously qualifying as an operator who opts to re-apply for authorisation shall make a fresh application

and the Authority shall be furnished afresh with any information and documents which are to be supplied with any new application.

(2) An operator who fails to have his authorisation renewed within thirty days from the date of expiry of that authorisation shall be deemed to have been operating without an authorisation during the interval between the date of expiry of the authorisation held by him and the date in which the authorisation is actually renewed.
(3) A copy of the authorisation shall be constantly kept on the premises to which it refers and shall be posted up and conspicuously displayed in the premises.
11. (1) Any person who contravenes regulation 3(1) shall be guilty of an offence and shall be liable upon conviction, to a fine (multa) not exceeding €10,000.
(2) Where an operator does not comply with the provisions of regulation 10(2), he shall be guilty of an offence, and shall be liable, upon conviction, to a fine (multa) not exceeding €1,000 and to a further penalty of €50 for each day the authorisation remains not renewed.
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Right of appeal.

Cap. 490. Authorisation is not

transferable.

Renewal of authorisation.

G.N. 846 of 1949.

Penalties.