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Traffic Regulation Ordinance (Cap. 65) Motor Vehicles (Driving Licences) (Amendment) Regulations, 2010 (L.N. 89 Of 2010 )

VERŻJONI ELETTRONIKA

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IN exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance, the Minister for Infrastructure, Transport and Communications has, after consultation with the Authority for Transport in Malta, made the following regulations: -

(2) The scope of these regulations is to implement provisions of Commission Directive 2006/123/EC of 12th December 2006 on services in the internal market and the Services (Internal Market) Act, 2009 transposing the said Directive.

(a) in sub-regulation (1), for the words “Applications for authorisations as authorised operators” there shall be substituted the words “An application for authorisation as an operator of a motoring school”; and
(b) for sub-regulation (3) thereof there shall be substituted the following new sub-regulation:

Title and scope.

L.N. 191 of 2002

.

Cap. 500.

Amends regulation

44 of the principal regulations.

Amends regulation

58 of the principal regulations.

Deletes regulations 59 to 62 of the principal regulations.

Amends regulation

63 of the principal regulations.

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“(3) Applications for operating a motoring school shall include the following information and documents:
(a) the registration number of each motor vehicle to be used for instruction;
(b) a declaration that all the motor vehicles to be used for instruction have a dual control system;
(c) details and police conduct certificates of applicants, directors, or partners as the case may be.”.

Adds new regulation

63A to the principal regulations.

“Acknowledg- ment of applications.

6 3 A . ( 1 ) C o m p l e t e d a p p l i c a t i o n s f o r authorisation shall be acknowledged by the competent authority by notice in writing within seven working days from the day of receipt and that notice shall specify:
(a) the period within which the application w i l l b e p r o c e s s e d i n a c c o r d a n c e w i t h t h e s e regulations;
(b) the available means of redress where the competent authority intends to refuse an application for an operator’s 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 working days from the day of receipt thereof, about the need to supply any additional documentation.”.

Adds new regulation

63B to the principal regulations.

“Dual and subsequent applications.

63B. (1) Where an operator already established in Malta applies to operate additional motoring schools,

or where an operator already established in another Member State applies for authorisation to operate one or more motoring schools in Malta, 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 in another Member State.
( 2 ) W h e r e a n a p p l i c a n t i s n o t a l r e a d y 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) o r f o l l o w i n g t h e fi r s t a p p l i c a t i o n ( S u b s e q u e n t 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;
(b) in the case of 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 any more and provide that information which is specific or particular to such additional places in accordance with paragraph (a) hereof:
Provided that the term “applicant” shall not include those applicants which have had their application or applications validly and conclusively refused by the competent authority.
(3) Notwithstanding anything contained in this regulation, the applicant shall still complete any application form as may be required by the competent authority.”.

“64. (1) When an application has been made in accordance with regulation 63, the competent authority shall make such investigations and carry out such inspections as
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Substitutes regulation

64 of the principal regulations.

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are reasonably required to ensure conformity with these regulations and the competent authority shall inform the applicant by notice in writing by not later than seven working days from receipt of all relevant documents of the competent authority’s decision on the application and, in the case of refusal or withdrawal of application, on the reasons therefor:
Provided that where circumstances necessitate an extension for consideration of an application, such period may be extended once by the competent authority for a further period not exceeding seven working days and the applicant shall be notified of the extension, its duration and the reasons therefor.
(2) Where the competent 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.”.

Amends regulation

65 of the principal regulations.

L.N. 126 of 1998

.

(a) in sub-regulation (1) thereof for the words from “Subject to” to the words “the following conditions” there shall be substituted the words “Where the competent authority authorises an applicant to act as operator of a motoring school, the authorisation shall be subject to the payment of an annual fee as specified in the Ninth Schedule hereto and to compliance with the following conditions”; and
(b) for sub-regulation (2) thereof there shall be substituted the following:
“(2) The competent authority may –
(a) require the authorised operator of a motoring school to have any motor vehicle listed for instruction purposes, examined by its personnel at any time it deems fit;
(b) require the authorised operator of a motoring school to submit the said vehicles for vehicle roadworthiness tests, other than those required by the Motor Vehicle Roadworthiness Test Regulations;

( c ) d i s a l l o w, a t a n y t i m e f o l l o w i n g examination in accordance with paragraph (a) or (b) above, the use of any motor vehicle for instruction purposes if in its opinion the vehicle is no longer considered suitable.”.

(a) in sub-regulation (4) for the words “in relation to it.” there shall be substituted the words “in relation to it:” and immediately thereafter there shall be added the following proviso:
“Provided that in the case where an operator opts to cease to operate the motoring school for a period of time not exceeding one calendar month in any particular calendar year the operator shall seek prior approval by the competent authority, and approval shall be granted by the competent authority if it is satisfied that reasonable grounds exist for temporary closure:
Provided further that where an operator ceases to operate the motoring school without permission from the competent authority or beyond the term allowed, the competent authority may revoke the operator’s authorisation.”;
(b) for sub-regulation (5) thereof there shall be substituted the following:
“(5) The competent authority may at any time and on reasonable grounds suspend, withdraw or revoke an authorisation to operate a motoring school by giving an operator notice in writing containing the reasons for such suspension, withdrawal or revocation:
Provided that unless there exist gross acts of misconduct or negligence or any other serious grounds for immediate suspension, withdrawal or revocation , the operative date of such notice shall be not less than
28 days from the date of notification.”;
( c ) i n s u b - r e g u l a t i o n ( 6 ) t h e r e o f , t h e w o r d s “ i n accordance with sub-regulation (5)” shall be deleted and for the words “save as provided in sub-regulation (5)(a)” there
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Amends regulation

66 of the principal regulations.

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shall be substituted the words “unless it is cancelled before that date”; and
(d) immediately after sub-regulation (6) thereof, there shall be added the following new sub-regulation:
“(7) Upon the termination or revocation of an authorisation as an operator of a motoring school, any person previously qualifying as an operator who opts to re-apply for authorisation shall make a fresh application and the competent authority shall be furnished afresh with any information and documents which are to be supplied with any new application.”.

Amends regulation

68 of the principal regulations.

Amends regulation

70 of the principal regulations.

Substitutes regulation

71 of the principal regulations.

“(4) The provisions of regulation 63A, regulation 63B and regulation 64 shall mutatis mutandis apply to licensed driving instructors.”.

“Authorisation.

7 1 . ( 1 ) W h e r e t h e c o m p e t e n t a u t h o r i t y ascertains that the requirements of the application have been satisfied, it should authorise an applicant to act as a driving instructor.
(2) The licence to act as an authorised driving instructor shall be subject to the payment of an annual fee as specified in the Ninth Schedule hereto and to the continued compliance with the conditions and requirements established under these regulations.
( 3 ) T h e p r o v i s i o n s o f s u b - r e g u l a t i o n s (1), (4), (5), (6) and (7) of regulation 66 shall mutatis mutandis apply to authorised driving instructors.”.

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Adds new regulation

81A to the principal regulations.

“Right of appeal.

Cap. 490.

81A. Any person aggrieved by any decision of the competent authority not to grant or renew, or to suspend or to revoke a licence, or to impose conditions, limitations or exclusions therein or therefor, shall have the right to enter within twenty-one days from the notification of such decision an appeal before the Administrative Review Tribunal established under the Administrative Justice Act.”.

Adds new regulation

81B to the principal regulations.

“Authorisation is personal.

81B. Any authorisation granted by the Authority u n d e r t h e s e r e g u l a t i o n s m a y n o t b e a s s i g n e d o r transferred in any way whatsoever to any other person, and any such assignment or transfer to any other person shall be considered null and void and constitute sufficient grounds for the competent authority to cancel that authorisation.”.

Substitutes the Ninth Schedule to the principal regulations.

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“NINTH SCHEDULE (Regulations 37 and 51)

Driving licences fees* and administrative charges