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Traffic Regulation Ordinance (Cap. 65) Motor Vehicles (Weights, Dimensions And Equipment) Regulations, 2003 (L.N. No. 162 Of 2003 )

MOTOR VEHICLES (WEIGHTS, DIMENSIONS AND EQUIPMENT) REGULATIONS, 2003
PART I PRELIMINARY
Regulation
1. Title.
2. Definitions.
3. Classification of passenger vehicles.
4. Classification of good vehicles.
5. Classification of Trailers.
6. Conflict.
7. Repeal.
PART II
MAXIMUM AUTHORISED DIMENSIONS IN NATIONAL AND INTERNATIONAL TRAFFIC AND THE MAXIMUM AUTHORISED WEIGHTS IN INTERNATIONAL TRAFFIC
8. Goods vehicles and trailers.
9. Conformity with First Schedule requirements.
10. Exceptions.
11. Passenger transport vehicles and trailers.
12. Conformity with Second Schedule requirements.
13. Temporary exceptions.
14. Proof of compliance.
15. Prohibitive road signs to prevail
PART III
INSTALLATION AND USE OF SPEED LIMITATION DEVICES
16. Applicability.
17. Exceptions.
18. N3 good vehicles.
19. Speed limitation device.
20. Maximum speed limitation for N3 vehicles.
B 2009
21. Maximum speed limitation for nationally operating N3 dangerous goods vehicles.
22. Category M3 passenger transport vehicles.
23. Vehicles registered between 1988 and 2002
24. Maximum speed limitation for M3 passenger transport vehicles
25. Technical requirements
26. Installation of devices.
PART IV
INSTALLATION AND USE OF RECORDING EQUIPMENT (TACHOGRAPHS)
27. Applicability.
28. Exemption.
29. Recognition of EC Type Approval mark on equipment.
30. Fitting of recording equipment.
31. Exclusively electrical recording equipment
32. Advanced recording equipment
33. Approval of fitters and workshops.
34. Resale etc of recording equipment.
35. Duties of undertaking, owner and lessee.
36. Duties of drivers.
37. Manual recordings.
38. Record of periods.
39. Duties of crew members.
40. Inspection of equipment, record sheets, driver cards and print-outs.
41. Checks on compliance.
42. Breakdown or faulty operation of equipment.

Provisions Specific to the Use of Driver Cards

43. Applicability.
44. Periods of time recorded.
45. Driver card is unique and personalised.
46. Employer and driver to ensure printing can be done correctly.
47. Duty to ensure correct functions.
48. Conditions of normal residence.
49. Country symbols.
50. Loss or theft of driver card.
51. Renewal, replacement or exchange of driver card.
B 2010
PART V
INSTALLATION AND USE OF TAXIMETERS
52. Compulsory use of taximeters.
53. Alteration to approved taximeters.
54. Patterns and alteration of taximeter to conform to this Part.
55. Construction and attachment of taximeters.
56. Duties of taxicar drivers.
57. Plates.
58. Further interpretation.
59. Fitting and repair of taximeters.
60. Taximeter to be affixed prior to road tests.
61. Particular taximeter for each taxicar.
62. Tyre circumference.
63. Defective taximeter.
PART VI
MINIMUM TREAD DEPTH OF TYRES
64. Minimum tread depth of tyres.
65. Circulation of public highways.
66. Exclusions.
PART VII
INSTALLATION AND USE OF BUS TICKETING MACHINES
67. Applicability.
68. Fitting and repair of bus ticketing machines.
69. Duties of undertaking or owner.
70. Duties of drivers.
71. Defective bus ticketing machine.
72. Checks on compliance.
PART VIII OFFENCES AND PENALTIES
73. Offences and fines.
FIRST SCHEDULE

General maximum weights and dimensions and related characteristics of vehicles

SECOND SCHEDULE
B 2011

Maximum weights and dimensions for passenger transport vehicles registered in Malta and used exclusively in Malta

THIRD SCHEDULE Plate relating to dimensions FOURTH SCHEDULE

Vehicles exempted from the requirement of installing recording equipment

FIFTH SCHEDULE

Procedures for checking and inspecting recording equipment

B 2012
L.N. 162 of 2003

TRAFFIC REGULATION ORDINANCE (CAP. 65)
Motor Vehicles (Weights, Dimensions and Equipment) Regulations, 2003
IN exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance, the Minister for Transport and Communications, in consultation with the Malta Transport Authority, has made the following regulations>-

Title.

Definitions.

Part I PRELIMINARY
1. (1) The title of these regulations is the Motor Vehicles
(Weights, Dimensions and Equipment), Regulations 2003.
(2) These regulations shall come into force on such a date as the Minister responsible for transport may by notice in the Gazette appoint, and different dates may be appointed for different provisions and different purposes of these regulations.
2. In these regulations, unless the context otherwise requires> “advanced recording equipment” means recording apparatus
equipped with card readers for insertion of driver memory cards,
an integrated or separate printer, display instruments and facilities for downloading the data memory in accordance with the requirements to be established by the Authority<
“agreement” means an agreement between groups of states, to which Malta is a party, reciprocally granting to citizens of such states or their dependants the right to enter, remain and reside in and leave the country of such state, to move freely within such states for such period as may be established in the agreement and to work or establish, provide or receive services therein< and “Agreement State” and “citizen of an Agreement State” shall be construed accordingly< and where a state is a party to such an agreement subject to modifications and adaptations a citizen of an Agreement State shall be subject to such modifications or adaptations as may be prescribed<
“articulated vehicle” means the combination of a mechanically propelled vehicle (other than a bicycle) and a drawn vehicle attached by partial superimposition and so constructed and attached
that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle<
“articulated bus” means a bus consisting of two rigid sections connected to each other by an articulated section. On this type of vehicle the passenger compartments in each of the two rigid sections shall be intercommunicating. The articulated section shall permit the free movement of travellers between the rigid sections. Connection and disconnection of the two sections shall be possible only in a workshop<
“Authority” means the Malta Transport Authority as established by article 3 of the Malta Transport Authority Act<
“bus” means a vehicle with more than nine seats including the driver’s seat, constructed and equipped to carry passengers and their luggage<
“data memory” means an electronic storage system built into the recording equipment, capable of storing at least 365 calendar days from the recording equipment. The memory should be protected in such a way as to prevent unauthorised access to and manipulation of the data and detect any such attempt<
“driver card (with memory)” means a removable information transfer and storage device allocated by the authorities of the Agreement States to each individual driver for the purposes of identification of the driver and storage of essential data. The format and technical specifications of the driver card (with memory) shall meet the requirements to be laid down by the Authority<
“g.v.w.” means gross vehicle weight<
“gross vehicle weight” means the road weight specified by the manufacturer as being the maximum design weight capacity for the vehicle, such weight being the combined weight of the vehicle, the maximum specified load, the driver and a tank full of fuel<
“main grooves” means the broad grooves in the central part of the tread surface, which covers about three-quarters of the width of the tread surface<
“maximum authorised dimensions” means the maximum dimensions for use of a vehicle, as laid down in the First and Second Schedules to these regulations<
B 2013
B 2014

L.N. 191 of 2002

.

“maximum authorised weight” means the maximum weight for use of a laden vehicle, as laid down in the First and Second Schedules to these regulations<
“maximum authorised axle weight” means the maximum weight of a laden axle or group of axles< as laid down in the First and Second Schedules to these regulations<
“Minister” means the Minister responsible for transport in
Malta<
“motor vehicle” means any mechanically self-propelled vehicle circulating on the road, other than a vehicle running on rails<
“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 Agreement 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 Agreement 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<
“public highway” means national arterial, distributor, access and local access roads as defined in the Motor Vehicles (Driving Licences) Regulations, 2002<
“recording equipment” or “tachograph” means the total equipment intended for installation in road vehicles to show, record and store automatically or semi-automatically details of the movement of such vehicles and of certain work periods of their drivers<
“Scheduled Bus Service” means the regular national bus service as authorised by the Authority<
“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<
“speed limitation device” means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value<
“tonne” means the weight executed by the mass of a tonne and shall correspond to 9,8 kilonewtons (kN)<
“tachograph card” means a smart card intended for use with recording equipment. It allows for identification by the recording equipment of the identity (or identity group) of the card holder and allows for data transfer and storage<
“tractor” means any mechanically self-propelled vehicle circulating on the road, other than a vehicle 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<
“vehicle combination” means>
– either a road train consisting of a motor vehicle coupled to a trailer< or
– an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer<
“workshop or fitter card” means a tachograph card issued by the Authority to a recording equipment manufacturer, a fitter, a vehicle manufacturer or workshop, approved by the Authority.
3. Passenger vehicles shall be classified in the following categories>
CATEGORY M
Vehicles for carrying passengers and having either or less than four wheels, or three wheels and a maximum weight exceeding 1.0 tonne g.v.w. -
B 2015

Classification of passenger vehicles.

B 2016

Classification of goods vehicles.

Classification of trailers.

– M1 - Passenger carrying vehicles up to a maximum of 8 seats (excluding driver)<
– M2 - Passenger carrying vehicles with more than 8 seats (excluding driver) and having a maximum weight which does not exceed 5.0 tonnes g.v.w.<
– M3 - Passenger carrying vehicles with more than 8 seats (excluding driver) and having a maximum weight greater than 5.0 tonnes g.v.w.
4. Goods vehicles shall be classified in the following categories>
CATEGORY N
Vehicles for carrying goods and having either or less than four wheels, or three wheels and a maximum weight exceeding 1.0 tonne g.v.w.
– N1 - Goods vehicles having a maximum weight which does not exceed 3.5 tonnes g.v.w.
– N2 - Goods vehicles having a weight exceeding 3.5 tonnes but not exceeding 12.0 tonnes g.v.w.
– N3 - Goods vehicles having a maximum weight exceeding
12.0 tonnes g.v.w.
5. Trailers shall be classified as follows> CATEGORY O
Trailers (which comprise the semi-trailers)
– O1 -Trailers of which the weight does not exceed 0.75 tonnes g.v.w.
– O2 -Trailers having a maximum weight exceeding 0.75 tonnes but not exceeding 3.5 tonnes g.v.w
– O3 -Trailers having a maximum weight exceeding 3.5 tonnes but not exceeding 10.0 tonnes g.v.w.
– O4 - Trailers having a maximum weight exceeding 10.0 tonnes g.v.w.
6. If anything contained in these regulations is inconsistent or in conflict with the Motor Vehicles Regulations, 1994, the present regulations shall prevail, and to the extent of these inconsistencies or conflicts the Motor Vehicles Regulations, 1994 shall be deemed null and void.
7. Part XV and Regulations 111, 205, 224, 226 of the Motor
Vehicles Regulations, 1994 are hereby repealed.
Part II
MAXIMUM AUTHORISED DIMENSIONS IN NATIONAL AND INTERNATIONAL TRAFFIC AND THE MAXIMUM AUTHORISED WEIGHTS IN INTERNATIONAL TRAFFIC
8. Goods vehicles in categories N2 and N3 and their trailers in categories O3 and O4 registered in Malta or registered in another State and used for circulation in Malta shall comply with limit values in the First Schedule to these regulations.
9. No vehicle or vehicle combination shall be allowed to circulate in Malta for the national transport of goods in Malta if it is not in conformity with the characteristics set out in points 1.1, 1.2, 1.4 to 1.8,
4.2 and 4.4 of the First Schedule to these regulations.
10. The Commissioner of Police in consultation with the Authority may, in special cases to be decided on a case-by-case basis, grant permission for the circulation in Malta of vehicles or vehicle combinations for the national transport of goods which are not in conformity with the characteristics set out in 1.3, 2, 3, 4.1 and 4.3 of the First Schedule to these regulations.
11. Passenger transport vehicles (categories M2 and M3 and their trailers in categories O3 and O4) registered in another State and circulating temporarily in Malta as part of an international journey or on cabotage operations shall comply with the limit values established in the First Schedule to these regulations.
12. Passenger transport vehicles (categories M2 and M3 and their trailers in categories O3 and O4) registered in Malta which are used exclusively in Malta shall comply with the limits established for weights and dimensions in the Second Schedule to these regulations.
13. The Commissioner of Police in consultation with the Authority may allow vehicles or vehicle combinations incorporating new technologies or new concepts which cannot comply with one or
B 2017

Conflict.

Repeal.

Goods Vehicles and trailers.

Conformity with First Schedule requirements.

Exceptions.

Passenger Transport

Vehicles and trailers.

Conformity with Second Schedule requirements.

Temporary exceptions.

B 2018

Proof of compliance.

Prohibitive road signs to prevail.

L.N. 94 of 1969

.

more requirements of these regulations to carry out certain local transport operations for a trial period.
14. (1) Goods and passenger transport vehicles in the categories referred to in this Part complying with these regulations shall carry one of the following proofs>
(a) a combination of the following two plates>
(i) the “manufacturer’s plate” established and attached in accordance with the Motor Vehicles (EC Type Approval) Regulations,
(ii) the plate relating to dimensions, in accordance with the Third Schedule, established and attached in accordance with those same regulations< or
(b) a single plate established and attached in accordance with Motor Vehicles (EC Type Approval) Regulations and containing the information on the two plates referred to in (a)<or
(c) a single document issued by the competent authority of the Agreement State in which the vehicle is registered or put into circulation. Such document shall bear the same headings and information as the plates referred to in sub-paragraph (a). It shall be kept in a place easily accessible to inspection and shall be adequately protected.
(2) If the characteristics of a vehicle registered in Malta no longer correspond to those indicated on the proof of compliance stipulated in sub-regulation (1) hereof, the Authority shall take the necessary steps to ensure that the proof of compliance is altered.
(3) The plates and documents referred to in sub-regulation (1) hereof shall be recognised by the Authority as the proof of vehicle compliance provided for in these regulations.
15. The dimension and weight limits established in this Part of these regulations applicable to vehicles for circulation on the public highway shall apply without prejudice to any prohibitive road signs placed in order to safeguard certain road infrastructures, that are not suitable for long and heavy vehicles, from damage in accordance with Traffic Signs and Markings Regulations, 1969.
Part III
INSTALLATION AND USE OF SPEED LIMITATION DEVICES
16. This Part applies to goods vehicles in Category N3 and passenger transport vehicles in Category M3 that are intended for use on the road, having at least 4 wheels and a design speed exceeding 25 kph.
17. The requirements of this Part shall not apply to the following> (a) motor vehicles used by armed forces, civil defence, fire
and other emergency services and forces responsible for
maintaining public order<
(b) motor vehicles which by their construction, cannot drive faster than the limits provided for in regulation 16<
(c) motor vehicles used for scientific tests on roads< and
(d) motor vehicles used only for public services in urban areas.
18. The following goods vehicles in Category N3 shall be required to be equipped with a fully operational speed limitation device>-
(a) Goods vehicles that are registered in Malta to operate internationally or registered in an Agreement State and circulating on the public highway<
(b) Goods vehicles that are newly registered in Malta after
31 December 2002<
19. Goods vehicles in category N3 registered in Malta between
1 January 1988 and 31 December 2002 shall be required to be equipped with a fully operational speed limitation device as from 1 January 2006.
20. The maximum speed limitation for such goods vehicles shall be set at 86 kph on the speed limitation device.
21. The maximum speed limitation for vehicles registered and used exclusively in Malta for the carriage of dangerous goods shall be set at 86 kph on the speed limitation device.
B 2019

Applicability.

Exceptions.

N3 Goods vehicles.

Speed limitation device.

Maximum speed limitation for N3 vehicles.

Maximum speed limitation for nationally operating N3 dangerous goods vehicles.

B 2020

Category M3

Passenger transport vehicles.

22. The following passenger transport vehicles in Category M3 shall be required to be equipped with a fully operational speed limitation device>
(a) Passenger transport vehicles that are registered in Malta to operate internationally or registered in an Agreement State and circulating on the public highway<
(b) Passenger transport vehicles that are newly registered in Malta after 31 December 2002<

Vehicles registered between 1988 and

2002.

Maximum speed limitation for M3 passenger transport vehicles.

Technical requirements.

Installation of devices.

Applicability.

Exemptions.

23. Passenger transport vehicles in Category M3 registered in Malta between 1 January 1988 and 31 December 2002 shall be required to be equipped with a fully operational speed limitation device as from
1 January 2006.
24. The maximum speed limitation for such passenger transport vehicles shall be set at 100 kph on the speed limitation device.
25. Speed limitation devices must meet any technical requirements that are laid down in any law or regulation in force in Malta.
26. Speed limitation devices shall be installed by workshops or bodies approved by the Authority or by the competent authority of an Agreement State.
Part IV
INSTALLATION AND USE OF RECORDING EQUIPMENT (TACHOGRAPHS)
27. This Part shall apply to motor vehicles that are in category
M3 exceeding 10 tonnes g.v.w. and category N3 and are registered>
(a) in an Agreement State and are circulating on the public highway in Malta< or
(b) in Malta for international operation.
28. Motor vehicles performing services listed in the Fourth
Schedule shall be exempt from the application of regulation 30.
29. The Authority shall recognise recording equipment that bears the EC-Type Approval Mark issued by a competent authority in an Agreement State in accordance with legislation in force in the territory of the Agreement State.
30. All motor vehicles referred to in regulation 27 are required to be fitted with recording equipment, as approved by the Authority or competent authority of an Agreement State.
31. Motor vehicles referred to in regulation 27 that are registered for the first time after 1 January 1996, shall in so far as the transmission of signals to the recording equipment with which they are fitted is exclusively electrical, satisfy the requirements established by the Authority, when the equipment in question is replaced.
32. Motor vehicles referred to in regulation 27, that are put into service for the first time after 31 December 2002, must be fitted with new advanced recording equipment.
33. (1) Recording equipment may only be installed on vehicles, repaired or removed therefrom by fitters or workshops approved for that purpose by the Authority.
(2) The Authority shall, after consultation with the Minister, lay down procedures and conditions to be adopted by approved fitters and workshops.
(3) The Authority may withdraw approval from any fitter or workshop for failure to comply with these procedures and conditions.
(4) An authorised inspecting officer may enter the premises of an approved fitter or workshop for the installation, repair and inspection of recording equipment and inspect any document, record book or equipment being kept at the premises.
34. The Authority shall take any measures necessary to ensure that the resale or decommissioning of recording equipment cannot detract, in particular, from the satisfactory application of these regulations.
35. The undertaking or the owner or lessee of the vehicle shall> (a) ensure that recording equipment is installed, used and
fully functional at all times in vehicles referred to in regulation 27 in the manner laid down in guidelines to be provided by the Authority<
B 2021

Recognition of EC Type Approval

mark on equipment.

Fitting of recording equipment.

Exclusively electrical recording equipment.

Advanced recording equipment.

Approval of fitters and workshops.

Resale etc. of recording equipment.

Duties of undertaking, owner and lessee.

B 2022

Duties of drivers.

(b) issue a sufficient number of record sheets to drivers of vehicles fitted with recording equipment, taking into consideration>
(i) the fact that such sheets are personal in character, (ii) the length of the period of service, and
(iii) the possible obligation to replace sheets which are damaged, or have been retained by an authorised inspecting officer<
(c) only issue to drivers, sheets of an approved model suitable for use in the equipment installed in the vehicle<
(d) keep the record sheets in good order for at least a year after their use and shall give copies to the drivers concerned requesting them. The sheets shall be produced or handed over at the request of any authorised inspecting officer<
(e) arrange for periodic checks or inspections to take place as described in the Fifth Schedule and in accordance with the Motor Vehicles (Carriage of Goods by Road) Regulations and the Motor Vehicles (Carriage of Passengers by Road) Regulations.
36. A driver of a vehicle subject to this Part shall>
(a) ensure that recording equipment is installed and fully functional at all times in vehicles referred to in regulation 27 in the manner laid down in guidelines to be provided by the Authority<
(b) use the recording equipment in a manner as to fully comply with the provisions of the Motor Vehicles (Carriage of Goods by Road) Regulations and the Motor Vehicles (Carriage of Passengers by Road) Regulations with respect to driving times, rest periods and breaks from driving<
(c) use the record sheets or driver cards every day on which they are driving, starting from the moment they take over the vehicle<
(d) refrain from using dirty or damaged record sheets or driver cards. The sheets or cards shall be adequately protected for this purpose<
(e) attach the damaged sheet to the spare sheet used to replace it where any sheet bearing recordings becomes damaged<
(f) amend the record sheets or driver cards as necessary should there be more than one driver on board the vehicle, so that the relevant information is recorded on the record sheet of the driver who is actually driving<
(g) return any record sheet which applies to him to his employer for inspection and retention as soon as practicable but not later than 21 days after its completion<
(h) ensure that the time recorded on the sheet agrees with the official time in the country of registration of the vehicle<
(i) operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly<
i. under the sign> driving time<
ii under the sign> all other periods of work<
iii. under the sign> other periods of availability, namely>
– waiting time, i.e. the period during which drivers need remain at their posts only for the purpose of answering any calls to start or resume driving or to carry out other work,
– time spent beside the driver while the vehicle is in motion,
– time spent on a bunk while the vehicle is in motion<
iv. under the sign> breaks in work and daily rest periods.
(j) not withdraw the record sheet or driver card before the end of the daily working period unless its withdrawal is otherwise authorised< and
(k) use a record sheet to cover a period longer than that for which it is intended.
37. When, as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time indicated in sub-regulation (i) points (ii), (iii) and (iv) of the preceding regulation shall be entered on the sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet.
B 2023

Manual recordings.

B 2024

Record of periods.

Duties of crew members.

38. The Authority may permit all the periods referred to in sub- regulation (i) points (ii) and (iii) of regulation 36 to be recorded under the sign on the record sheets used on vehicles registered in its territory.
39. Each crew member shall enter the following information on his record sheet>
(a) on beginning to use the sheet - his surname and first name<
(b) the date and place where use of the sheet begins and the date and place where such use ends<
(c) the registration number of each vehicle to which he is assigned, both at the start of the first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the sheet<
(d) the odometer reading>
sheet,
(i) at the start of the first journey recorded on the
sheet,
(ii) at the end of the last journey recorded on the
(iii) in the event of a change of vehicle during a working day (reading on the vehicle to which he was assigned and reading on the vehicle to which he is to be assigned)<
(e) the time of any change of vehicle.

Inspection of equipment, record sheets, driver cards and print-outs.

40. (1) The recording equipment shall be so designed that it is possible for an authorised inspecting officer, if necessary after opening the equipment, to read the recordings relating to the nine hours preceding the time of the check without permanently deforming, damaging or soiling the sheet. The equipment shall, furthermore, be so designed that it is possible, without opening the case, to verify that recordings are being made.
(2) Where the driver drives a vehicle fitted with recording equipment in conformity with requirements to be laid down by the Authority, he must be able to produce, whenever an inspecting officer so requests>
(a) the record sheets for the current week and, in any event, the sheet for the last day on which he drove during the previous week,
(b) the driver card if he holds one, and
(c) print-outs from the recording equipment relating to the periods of time laid down in guidelines to be provided by the Authority if he drove a vehicle fitted with such recording equipment during the period referred to in paragraph (a) of this sub-regulation.
41. An authorised inspecting officer shall check compliance with the provisions of the Motor Vehicles (Carriage of Goods by Road) Regulations and the Motor Vehicles (Carriage of Passengers by Road) Regulations relating to working hours and break times by analysis of the record sheets, of the displayed or printed data which have been recorded by the recording equipment or by the driver card or, failing this, by analysis of any other supporting document that justifies non- compliance with a provision, such as those laid down in regulation 42 (4).
42. (1) In the event of breakdown or faulty operation of the equipment, the employer shall have it repaired by an approved fitter or workshop, as soon as circumstances permit.
(2) If the vehicle is unable to return to the employer’s premises within a period of one week calculated from the day of the breakdown or of the discovery of defective operation, the repair shall be carried out en route.
(3) The Authority may prohibit the use of any vehicle where such breakdown or faulty operation has not been repaired as provided in the foregoing sub-regulations.
(4) While the recording equipment is unserviceable or malfunctioning, drivers shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, on which he shall enter data enabling him to be identified (driver’s card number and, or name and, or driving licence number), including his signature, all information for the various periods of time which are no longer recorded or printed out correctly by the recording equipment.

Provisions Specific to the Use of Driver Cards

43. The provisions applicable to the use of record sheets shall

mutatis mutandis apply to the use of driver cards.

B 2025

Checks on compliance.

Breakdown or faulty operation of equipment.

Applicability.

B 2026

Periods of time recorded.

Driver card is unique and personalised.

Employer and driver to ensure printing can be done correctly.

Duty to ensure correct functions.

Conditions of normal residence.

44. Until such time as the new driver cards system is in place, the drivers shall at the end of their daily work period print out the information concerning the various periods of time recorded by the recording equipment and shall indicate their identification details on the print-out (name and driving licence number), and sign it.
45. Driver Cards shall be>
(a) issued and personalised by the Authority< (b) not be valid for more than five years<
(c) unique to each driver< and
(d) non-transferable.
46. Where the vehicle is fitted with recording equipment, the employer and the driver shall ensure that, taking into consideration the length of the period of service, printing on request can be carried out correctly in the event of an inspection.
47. Where a driver is required to drive a vehicle fitted with new advanced recording equipment, the employer and drivers shall ensure>
(a) the correct functioning and proper use of the recording equipment and any driver card<
(b) that data recorded and stored by recording equipment can be made available for at least 365 days after the date of their recording and that they can be made available under conditions that guarantee the security and accuracy of the data.
48. For the purposes of this Part the conditions of normal residence need not be satisfied by persons carrying out fixed-term assignments in Malta and residing in Malta for that purpose. In such a case>-
(a) drivers shall produce proof of their place of normal residence by any appropriate means, such as their identity card or any other valid document<
(b) where the Authority, having issued the driver card, has reason to doubt the validity of a statement as to normal residence made in accordance with paragraph (a), or requires to exercise specific controls within its duties, it may request any additional information or evidence thereof<
(c) when issuing a driver card the Authority shall, as far as possible, ensure that the applicant does not already hold a valid driver card.
49. The driver shall enter in the recording equipment the symbols of the countries in which he begins and ends his daily work period. This data shall be entered by the driver, either manually or automatically if the recording equipment is linked to a satellite tracking system.
50. If the driver card is damaged, malfunctions or is lost or stolen> (a) the driver shall apply within seven calendar days for its
replacement<
(b) the Authority shall supply a replacement card within five working days of receiving a detailed request to that effect.
51. (1) Where the Authority is requested to renew, replace or exchange the driver card of a Maltese national, whose card has been issued by the Authority of an Agreement State, it shall inform the foreign Authority which issued the old card of the precise reasons for its renewal, replacement or exchange.
(2) Where a driver wishes to renew his driver card, he shall apply to the Authority not later than 15 working days before the expiry date of the card, and the Authority shall supply a new card before the expiry date.
(3) The driver card, during its official period of validity, may be withdrawn or suspended if the Authority finds that>
(a) the card has been falsified, or
(b) the driver is using a card of which he is not the holder, or
(c) the card held has been obtained on the basis of false declarations and, or forged documents.
Part V
INSTALLATION AND USE OF TAXIMETERS
52. Taxicars shall be fitted with a taximeter of a pattern approved from time to time by the Authority and conforming in every respect with the provisions of this Part.
B 2027

Country symbols.

Loss or theft of driver card.

Renewal, replacement or exchange of driver card.

Compulsory use of taximeters.

B 2028

Alteration to approved taximeters.

Patterns and alteration of taximeter to

conform to this Part.

Construction and attachment of taximeters.

S.L. 332.01.

53. If any alteration is made to the pattern of an approved taximeter, such taximeter shall no longer be considered as being of a pattern approved by the Authority unless it approves such alteration.
54. (1) The Authority shall not approve the pattern of any taximeter or any alteration thereof unless it conforms in every respect with the provisions of this Part and the pattern or any alteration thereof is covered by a certificate of examination by the Authority.
(2) Prior to giving any approval as aforesaid the Authority may require the production of a specimen of the taximeter together with a detailed description of its method of operation and drawings of its mechanism.
55. The taximeter shall be so constructed, attached and maintained as to comply with the following rules>-
(a) If the taximeter is fitted with a flag or other device bearing the words FOR HIRE -
(i) the words FOR HIRE shall be exhibited on each side of the flag or other device in plain letters at least 50 mm in height and the flag or other device shall be capable of being locked in a position in which the words are horizontal and legible<
(ii) when the flag or other device is so locked that the aforesaid words are horizontal and legible no fare shall be recorded on the face of the taximeter<
(b) If the taximeter is not fitted with a flag or other device bearing the words FOR HIRE -
(i) the taximeter shall be fitted with a key or other device the turning of which shall bring the machinery of the taximeter into action and cause the word HIRED to appear on the face of the taximeter<
(ii) such key or device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and no fare is recorded on the face of the taximeter<
(c) When the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in figures clearly legible and free from ambiguity a fare in accordance with the tariff of fares of vehicles in Table IV of the Motor Vehicles (Tariff of Fees) Regulations<
(d) The taximeter shall be so placed that all letters and figures on the face thereof may be at all times plainly visible to any person being conveyed in the taxicar and for that purpose the letters and figures shall be suitably illuminated during any period of hiring.
56. (1) The driver of a taxicar shall>-
(a) if the taximeter is fitted with a flag or other device bearing the words FOR HIRE -
(i) when standing or plying for hire keep such flag or other device locked in the position in which the words are horizontal and legible<
(ii) when the taxicar is hired, at the commencement of the hiring bring the machinery of the taximeter into action by moving the flag or other device<
(iii) immediately on the completion of the hiring cause the taximeter to cease recording but the amount of fare recorded shall remain displayed on the taximeter so as to permit the hirer to have a reasonable opportunity of examining the same. The driver shall then raise the flag or other device to the horizontal position with the flag arm vertical<
(b) If the taximeter is not fitted with a flag or other device bearing the words FOR HIRE -
(i) when standing or plying for hire, exhibit in a conspicuous position on the vehicle a sign on which the words FOR HIRE are easily distinguishable<
(ii) when the taxicar is hired, remove or place in such a position that the words thereon are not conveniently legible the sign referred to in sub-paragraph (b) (i)<
(iii) when standing or plying for hire, keep the meter locked in the position in which no fare is recorded on the face of the meter<
(iv) when the taxicar is hired, at the commencement of the hiring bring the machinery of the taximeter into action by moving the device fitted for that purpose so that the word HIRED is legible on the face of the meter<
B 2029

Duties of taxicar drivers.

B 2030

Plates.

Further interpretation.

Fitting and repair of taximeters.

Taximeter to be affixed prior to road tests.

Particular taximeter for each taxicar.

Tyre circumference.

Defective taximeter.

(v) immediately on the completion of the hiring, cause the taximeter to cease recording but the amount of fare recorded shall remain displayed on the taximeter so as to permit the hirer to have a reasonable opportunity of examining the same.
(2) For the purposes of this regulation, the expression “the commencement of the hiring” shall mean the time and, or place from which the owner or driver is entitled to demand and take the appropriate fares as may be prescribed from time to time.
57. A plate of approved size and pattern showing the minimum effective circumference of the tyre on the wheels of the vehicle by which the taximeter may be driven and by which its action and accuracy may be tested shall be firmly fitted to the taximeter-gearbox or to the taximeter itself in such a manner as to be incapable of removal.
58. In this Part of these regulations the expression “minimum effective circumference” shall mean the distance covered by the tyre in one complete revolution when a taxicar with a full complement of passengers is pushed forward in a straight line.
59. Taximeters shall be fitted or repaired only by persons authorised in writing by the Authority and must be affixed in such positions and in such manner as may be approved by the Authority, so as to be clearly readable by the hirer in the vehicle and by the driver.
60. Before a taximeter is used for public service it shall, as indicated by the Authority, be presented properly affixed to the taxicar on which it is to be used, in order that road tests may be made by the examiners of the Authority.
61. A taximeter or taximeter-gearbox may be fitted only to the taxicar for which it has been tested and approved as aforesaid.
62. The tyres of the taxicar to which a taximeter is affixed must have an effective circumference not less than the size marked on the taximeter-gearbox or on the taximeter itself and must not exceed this size by more than five percent.
63. No taximeter which is in any way defective may be used upon a taxicar and the vehicle to which it is fitted shall be immediately withdrawn from service until the taximeter is repaired or replaced by another taximeter. In both cases the taxicar shall not be used for public service before the taximeter so repaired, or the new taximeter is installed.
Part VI
MINIMUM TREAD DEPTH OF TYRES
64. The minimum tread depth in the main grooves of tyres used on vehicles in Category M1, N1 and O1 and O2 shall be 1.6 mm when circulating on the public highway in Malta.
65. No vehicle in Category M1, N1, O1 and O2 shall be allowed to circulate on the public highway if the tread depth of any of its tyres is less than the minimum depth stipulated in the previous regulation.
66. The Minister may by regulation exclude from the application of the previous regulation certain vehicles which are declared to be of historical value and used infrequently on the public highway, that were originally equipped with tyres which, when new, had a tread depth of less than 1.6 mm.
Part VII
INSTALLATION AND USE OF BUS TICKETING MACHINES
67. Buses licensed by the Authority as part of the Scheduled Bus Service shall be fitted with a bus ticketing machine of a pattern approved by the Authority.
68. Bus ticketing machines shall be fitted or repaired only by persons authorised in writing by the Authority and must be affixed in such positions and in such manner as may be approved by the Authority, so as to be clearly readable by the driver.
69. The owner of the vehicle shall ensure that the bus ticketing equipment is>
(a) installed in accordance with guidelines issued by the
Authority<
(b) fully functional when the bus is being used on the scheduled bus service<
(c) used by the driver in the manner laid down in regulation
70 hereof.
B 2031

Minimum tread depth of tyres.

Circulation on public highways.

Exclusions.

Applicability.

Fitting and repair of bus ticketing machines.

Duties of undertaking or owner.

B 2032

Duties of drivers.

Defective bus ticketing machine.

Checks on compliance.

Offences and fines.

70. A driver of a vehicle subject to this Part shall be responsible to ensure that >
(a) the bus ticketing machine is switched on and fully operational at the beginning of each driving period<
(b) his personal details have been keyed into the bus ticketing machine before each driving period<
(c) the route number has been keyed into the bus ticketing machine<
(d) every passenger fare collected is recorded on the ticket machine and a ticket receipt is issued.
71. No bus ticketing machine which is in any way defective may be used upon a bus and the vehicle to which it is fitted shall be withdrawn from service after the relative journey is completed until the said machine is repaired or replaced. In both cases the bus shall not be used for public service before the bus ticketing machine so repaired, or the new machine is installed
72. An authorised inspecting officer shall check compliance with these regulations by analysis of the ticket receipts, printed data or electronic reading of the recorded data from the bus ticketing machine.
Part VIII OFFENCES AND PENALTIES
73. (1) No person shall>
(a) falsify, suppress or destroy data recorded on the record sheet, stored in the equipment or on print-outs from the equipment and, in the case of recording equipment, on a driver card<
(b) effect any manipulation of the equipment, record sheet or driver card which may result in data and, or printed information being falsified, suppressed or destroyed<
(c) carry any device which could be used to this effect on the vehicle<
(d) falsify any record or entry on a record sheet with the intent to deceive, alter or cause or permit to be altered any such record or entry<
(e) tamper with any recording equipment installed in accordance with these regulations or any guidelines provided by the Authority unless duly authorised by the Authority to do so.
(2) The Authority may impose upon any person who commits the offences referred to in sub-regulation (1) a fine (multa) of Lm50.
(3) Any person who in any other way fails to comply with these regulations shall be liable to a fine (ammenda) of Lm50.
(4) Where the offence or failure to comply with these regulations results in, or could be the possible cause of an offence prosecutable by the Court of Magistrates (Malta) or (Gozo) in its criminal jurisdiction or by the Criminal Court, the fine in question shall be a civil debt collectable by the Authority upon conclusion of the criminal proceedings.
B 2033
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