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Traffic Regulation Ordinance (Cap. 65) Motor Vehicles (Carriage Of Passengers By Road) Regulations (L.N. No. 160 Of 2003 )

MOTOR VEHICLES (CARRIAGE OF PASSENGERS BY ROAD) REGULATIONS, 2003

PART I PRELIMINARY

Regulation

1. Title and commencement.

2. Definitions.

3. Present regulations to prevail.

4. Cap 377.

PART II

ADMISSION TO THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR

5. Authorisation.

6. Requirements to engage in the occupation of road passenger transport operator.

7. Good repute and good conduct.

8. Appropriate financial standing.

9. Professional competence.

10. Exemptions.

11. Checks on compliance.

12. Death or other incapacity.

General Provisions

13. Minimum age of drivers.

14. International carriage.

15. Minimum level of training.

16. Certificate of professional competence.

17. Applicability of AETR.

18. Conditions for drivers engaged in international carriage of passengers by road.

B 1921
B 1922

19. Daily driving period.

20. Breaks.

21. Daily rest period.

22. Interruption of daily rest period.

23. Payments to wage-earning drivers.

24. Undertakings to organise drivers’ work.

Access to the National Market

25. Passenger Transport Operator’s Licence.

Access to the International Market

26. Community Licence.

27. Withdrawal of Community Licence.

28. Right of appeal.

29. Occasional services.

30. Special regular services.

31. Regular services.

32. Authorisation for regular and non-liberalised special regular services.

33. Nature of Authorisation.

34. Submission of applications for authorisation.

Authorisation procedure.

35. Lapse of authorisation

36. Obligation of carriers.

37. Journey forms.

38. Own account transport operators.

39. Evidence of compliance to be provided.

40. Transitional provision.

Access to the market in other countries

41. Market access.

Access to the National Market by Non-Resident Carriers

Established in Agreement States (‘Cabotage’)

42. Temporary cabotage operations.

43. Authorised services.

44. Cabotage operations subject to Maltese laws.

45. Licence to be carried on board the vehicle.

46. Control documents – journey forms for occasional cabotage operations.

47. Control document.

48. Journey forms.

49. Penalties.

B 1923

50. General.

51. Inspections at quayside or roadside.

52. Elements of checks.

53. Inspections at premises.

54. Checks at the request of the Authority.

FIRST SCHEDULE

Part 1 – Carrier trading as sole trader/partnership – Accountant’s

Report

Part 2 – Carrier trading as a limited liability company – Accountant’s Report

SECOND SCHEDULE

Part 1 – Certificate of professional competence

Part 2 – List of subjects referred to in Regulation 9

Organisation of the examination

Minimum training necessary for the award of a certificate of professional competence for international drivers in the

carriage of passengers

Authorisations for regular and special regular services

Application for authorisation for regular services

B 1924

Journey form for occasional services

General provisions common to international occasional services and occasional services in the form of cabotage

Provisions specific to international occasional services

Provisions specific to occasional services in the form of cabotage

Certificates for own account transport services

B 1925
L.N. 160 of 2003

In exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance (Cap. 65) , the Minister for Transport and Communications in consultation with the Malta Transport Authority, has made the following regulations:

(Carriage of Passengers by Road) 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 the regulations.

“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 a 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;
“authorisation” means any permission given by the Authority or the competent authorities in Agreement States entitling the holder to carry out road passenger transport operations ;

Title and commencement.

Interpretation

B 1926

Act XXIII of 2000.

“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 ;
“Authority” means the Malta Transport Authority as established by the Malta Transport Authority Act ;
“cabotage” means the carrying out of national passenger transport services for hire or reward, by a non-resident carrier within the territory of a country other than that in which he is resident or registered to carry out such operations for a temporary period;
“carrier” means a person or undertaking who carries out road passenger transport operations whether for profit or otherwise;
“Community authorisation” means an authorisation obtained by an undertaking established in an Agreement State from the competent authority in that State, or an authorisation issued by the Authority permitting the holder to carry out carriage operations in the Agreement States;
“country of establishment” means that country in which the non-resident carrier is established and registered;
“daily driving period” means the driving period between any two daily rest periods or between a daily rest period and a weekly rest period;
“driver” means any person who drives the vehicle even for a short period, or who is carried in the vehicle in order to be available for driving if necessary and is duly licensed in accordance with the Motor Vehicles (Driving Licences) Regulations, 2002;
“hire or reward” means the carriage of passengers other than on own account, that is to say against payment by the person transported or by the transport organiser;
“night time” shall mean the period between the hours of 00:00 and 07:00;
“night work” shall mean 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 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;
“Occasional services” in the context of international carriage of passengers by road means services which do not fall within the definition of regular services, including special regular services, and whose main characteristic is that they carry groups constituted on the initiative of a customer or of the carrier himself; these services shall not cease to be occasional services solely because they are provided at specified intervals;
“occupation of road passenger transport operator” shall mean the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons - including the driver - and intended for that purpose, passenger transport services for the public or for specific categories of users for hire or reward;
“Passenger Transport Operator’s Licence” means a licence issued by the Authority to national carriers;
“Own account transport operations” means those passenger transport operations carried out for non commercial and non-profit- making purposes by a natural or a legal person, provided that the following conditions are fulfilled:
- the transport activity is only ancillary to the overall activities of the undertaking; and
- the vehicles used are the property of that natural or legal person or have been obtained on deferred terms by them or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself;
B 1927
B 1928
“passenger transport vehicles” means motor vehicles which, by virtue of their type of construction and equipment, are suitable for carrying more than eight passengers and one driver, and are intended for that purpose;
“public highway” means national, arterial, distributory, access and local access roads as defined in the Motor Vehicles (Driving Licences) Regulations, 2002 or comparable roads in other states;
“regular services” shall refer to carriage of passengers by passenger transport vehicles at specified intervals along specified routes, passengers boarding and disembarking at predetermined stopping points;
“rest” means any uninterrupted period of at least one hour during which the driver may freely dispose of his time;
“self-employed driver” shall mean anyone whose main occupation is to transport passengers or goods by road for hire or reward, who is entitled to work for himself and who is not subject to an employment contract or any contract of works as defined in article 1633 of the Civil Code;
“special regular services” means regular services which provide for the carriage of specified categories of passengers, to the exclusion of other passengers, at specified intervals along specified routes, passengers boarding and disembarking at predetermined stopping points. They shall include inter alia:
(a) the carriage of workers between home and work; (b) carriage to and from an educational institution for
school pupils and students;
(c) the carriage of soldiers and their families between their homes and the area of their barracks;
“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 these regulations;
“week” means the period between the hours of 00:00 on
Monday and 24.00 on the following Sunday.

(2) A Passenger Transport Operator’s Licence shall be issued in the name of a natural person authorised to represent the undertaking.

(a) be of good repute and conduct;
(b) be of appropriate financial standing;
(c) satisfy the condition as to professional competence. (2) Where the applicant is a natural person and cannot satisfy
the requirement in paragraph (c) of subregulation (1), but satisfies paragraphs (a) and (b) of subregulation (1), the Authority may nevertheless permit that person to engage in the occupation of a road passenger transport operator provided that he designates to the Authority a person who can satisfy paragraphs (a) and (c) of subregulation (1), on condition that the applicant shall continuously and effectively manage the road passenger transport operation in accordance with these regulations.
B 1929

Present regulations to prevail.

Cap 377

Authorisation

Requirements to engage in the occupation of road passenger transport operator

B 1930

Good repute and good conduct.

Appropriate financial standing

(3) Where the application is made by an undertaking that can satisfy the requirement in paragraph (b) of subregulation (1), the requirements in paragraphs (a) and (c) of subregulation (1) must be satisfied by a natural person so designated to the Authority who will continuously and effectively manage the road passenger transport operation in accordance with these Regulations.

(a) has been convicted during the last five years of serious criminal offences of a crime carrying a conviction of a term of imprisonment of, or exceeding three months or a fine of at least two hundred Malta Liri; 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 passenger transport operator under any rules in force;
(d) has been convicted of serious, repeated offences against rules in force concerning:
(i) the pay and employment conditions in the profession or,
(ii) 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) any corresponding offence under any law of a country or territory outside Malta;
Provided that the applicant was less than 18 years of age at the time of such a conviction in paragraphs (a) and (b) of subregulation (1) the periods referred to shall be respectively two years and one year.

(2) For the purposes of assessing financial standing, the
Authority shall have regard to the type of operation(s) and:
(a) annual accounts of the undertaking, if any;
(b) 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:
(i) Lm 3,600 for the first or only vehicle which is to be authorised under the licence; and,
(ii) Lm 2,000 for each additional vehicle which is to be authorised.
(4) For the purpose of regulation 6, the Authority may accept as evidence of financial standing confirmation or assurance given by a bank or other suitably qualified financial establishment in the format indicated in the First Schedule. 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.

(2) The Authority may exempt from examination, or part thereof, holders of certain diplomas or technical diplomas equivalent, which provide proof of a sound knowledge of the subjects covered in the relevant National and International syllabi. Holders of a certificate
B 1931

Professional competence

Exemptions

B 1932

Checks on compliance

of professional competence issued by other Agreement States may be required by the Authority to take further tests if the subjects covered therein do not correspond to the requirements in Malta.
(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 paragraphs (b) and (c) of subregulation (1) of regulation
6. The requirement of paragraph (a) of subregulation (1) of regulation 6 shall be met by all applicants, proof of which shall be submitted to the
Authority at the time of application.

grounds:
(2) The Authority may withdraw a licence on the following
(a) where the holder no longer satisfies the conditions laid down in subregulation (1) of regulation 6; or
(b) where the holder has supplied incorrect information to the Authority in relation to the issue or renewal of the licence; or
(c) where the holder has breached any of the conditions of the licence 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.

Cap 372.

(3) In the event of serious infringements of these regulations, the Authority may suspend or revoke the licence. Such suspension or revocation shall be imposed having regard to the seriousness of the infringement and shall be subject to appeal before an appeals board to be set up according to the provisions of the Malta Transport Authority Act.
(4) Where offences against the rules governing road passenger transport have been committed by a non-resident carrier and might lead to withdrawal of the Passenger Transport Operator’s Licence, the Authority shall provide the Agreement State in which the carrier is established with all the information in its possession concerning those offences and the penalties imposed.

General Provisions

(b) Upon completion of such course the Authority shall issue a certificate of professional competence.
(c) Such certificate shall be valid for the exercise of the road passenger transport profession only if the holder has also obtained a national driving licence for vehicles intended for the carriage of passengers by road under the Motor Vehicles (Driving Licences) Regulations, 2002.
(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.
B 1933

Death or other incapacity

Minimum ages of drivers.

L.N. 191 of 2002

.

International carriage.

Minimum level of training.

B 1934

Certificate of professional competence

Applicability of

AETR

Conditions for drivers engaged in international carriage of passengers by road

15.
(2) Rights acquired pursuant to regulation 15 prior to the entry into force of these regulations shall remain valid in the same way as certificates issued pursuant to these regulations.

(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 Contracting Party to the AETR 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 Agreement States or between Malta and an Agreement State where such operations are carried out by vehicles registered in one of those countries.

(2) Any driver engaged in the international carriage of passengers must also fulfil one of the following conditions:
(a) he must have worked for at least one year in the carriage of goods as a driver of vehicles with a permissible maximum weight exceeding 3.5 tonnes;
(b) he must have worked for at least one year as a driver of vehicles used to provide passenger services on journeys in Malta, or other types of passenger services not governed by these regulations, provided the Authority considers that he has by so doing acquired the necessary experience;
(c) he must hold a driver’s certificate of professional competence in Malta or an equivalent certificate recognised by an Agreement State confirming that he has completed a training course for drivers of vehicles intended for the carriage of passengers by road, which course is in conformity with the Third Schedule to these regulations.

(b) A driver must, after no more than six daily driving periods, take a weekly rest period as defined in subregulation (3) of regulation 21.
(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.
(2) The total period of driving in any period of two consecutive weeks shall not exceed 90 hours.

(2) This break may be replaced by breaks of at least 15 minutes each distributed over the driving period or immediately after this period in such a way as to comply with the provisions of subregulation (1).
(3) During these breaks, the driver may not carry out any other work. For the purposes of this section, the waiting time and time not devoted to driving spent in a vehicle in motion, a ferry, or a train shall not be regarded as ‘other work’.
(4) The breaks observed under this regulation may not be regarded as daily rest periods.

(b) On days when the rest is not reduced in accordance with paragraph (a), it may be taken in two or three separate periods during the 24 hour period, one of which must be of at least eight consecutive hours. In this case the minimum length of the rest shall be increased to 12 hours.
(2) During each period of 30 hours when a vehicle is manned by at least two drivers, each driver shall have a rest period of not less than eight consecutive hours.
B 1935

Daily driving period

Breaks

Daily rest period

B 1936

Interruption of daily rest period

Payments to wage- earning drivers

(3) In the course of each week, one of the rest periods referred to in the preceding subregulations shall be extended, by way of weekly rest, to a total of 45 consecutive hours. This rest period may be reduced to a minimum of 36 consecutive hours if taken at the place where the vehicle is normally based or where the driver is based, or to a minimum of 24 consecutive hours if taken elsewhere. Each reduction shall be compensated by an equivalent rest taken en bloc before the end of the third week following the week in question.
(4) A weekly rest period which begins in one week and continues into the following week may be attached to either of these weeks.
(5) Any rest taken as compensation for the reduction of the daily and, or weekly rest periods must be attached to another rest of at least eight hours and shall be granted, at the request of the person concerned, at the vehicle’s parking place or driver’s base.
(6) The daily rest period may be taken in a vehicle, as long as the vehicle is fitted with a bunk and is stationary.

- that part of the daily rest period spent on land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train,
- the period between the two portions of the daily rest period must be as short as possible and may on no account exceed one hour before embarkation or after disembarkation, customs formalities being included in the embarkation or disembarkation operations,
- during both portions of the rest period the driver must be able to have access to a bunk or couchette.
(2) The daily rest period, interrupted in this way, shall be increased by two hours.

Provided that road safety is not thereby jeopardised and to enable him to reach a suitable stopping place, the driver may depart from the provisions of these Regulations to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of, and reason for his departure from these provisions on the record sheet of the recording equipment or in his duty roster.

(2) The undertaking shall make periodic checks to ensure that all legal requirements have been complied with. If breaches are found to have occurred, the undertaking shall take appropriate steps to prevent their repetition.

Access to the National Market

B 1937

Undertakings to organise drivers’ work

Operator’s Licence.

operations using passenger transport vehicles on a permanent basis,
any undertaking must possess a Passenger Transport Operator’s Licence provided for in regulation 5.
(2) The Authority shall provide the holder with a certified true copy of the Passenger Transport Operator’s Licence for every vehicle for which it is to be used.
(3) The vehicles for which the Passenger Transport Operator’s 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.
(4) The Authority shall lay down such other rules as necessary governing the requirements of national passenger transport operations and market access.

Access to the International Market

Community

Licence.

B 1938
(a) he holds a Passenger Transport Operator’s Licence issued under regulation 5;
(b) he satisfies the conditions laid down in accordance with rules in Agreement States on admission to the occupation of road passenger transport operator in national and international transport operations in accordance with regulation 6;
(c) meets legal requirements on road safety as far as the standards for drivers and vehicles are concerned.
(2) In order to carry out international passenger transport operations using passenger transport vehicles between Malta and Agreement States for hire or reward or on own account, any carrier satisfying the criteria laid down in subregulation (1) of regulation 26 must hold a Community Licence issued by the competent authority of the Agreement State of establishment in accordance with the model set out in the Fourth Schedule for these regulations.
(3) The Authority shall issue the holder with the original of the Community Licence, which shall be kept by the carrier, and the number of certified true copies corresponding to the number of vehicles used for the international carriage of passengers at the disposal of the holder of the Community Licence, either in full ownership, or in another form, notably by virtue of an instalment-purchase contract, a hire contract or a leasing contract.
(4) The Community Licence shall be issued in the name of the carrier 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 Licence shall replace the document issued by the Authority certifying that the carrier has access to the market for the international carriage of passengers by road.
(7) When an application for a licence is submitted, and at least every five years thereafter, the Authority shall verify whether the carrier satisfies or continues to satisfy the conditions laid down in subregulation (1) of regulation 26.
(8) Where the conditions referred to in subregulation (1) of regulation 26 are not satisfied, the Authority shall refuse to issue or renew a Community Licence by means of a reasoned decision.
(9) A Community Licence shall also be valid for national transport operations.
(10) Each vehicle carrying out a service subject to authorisation shall have on board a Passenger Transport Operator’s Licence or a copy certified by the issuing authority or agency.

(a) where the holder no longer satisfies the conditions laid down in regulation 26; 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 of these Regulations, the Authority may inter alia temporarily or partially suspend the authorisation, whether such authorisation has been issued in Malta, an Agreement State or in any other country. Such suspension 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.

27 shall be subject to appeal before an appeals board to be set up according to the provisions of the Malta Transport Authority Act.

(2) Occasional services may be provided by a group of carriers acting on behalf of the same contractor, and passengers may establish a connection en route, with a different carrier engaged by the same contractor, in the territory of an Agreement State.
B 1939

Withdrawal of

Community Licence

Right of appeal

Cap 372

Occasional Services

B 1940

Special regular services.

(3) The names of such carriers and the connection points en route shall be communicated to the Authority upon their arrival in Malta within 48 hours.
(4) Empty journeys by vehicles in connection with the transport operations referred to in subregulations (1) to (3) hereof shall not require any authorisation.
(5) A carrier established in Malta may carry out local excursions in an Agreement State and a carrier established in an Agreement State may carry out such excursions in Malta. Such services shall be intended for non-resident passengers previously carried by the same carrier on an international occasional service and must be carried out with the same vehicle or another vehicle from the same carrier or group of carriers.

(2) Any carrier for hire or reward referred to in regulation
26 shall be permitted to carry out special regular services without discrimination as to nationality or place of establishment if the said carrier:
- is authorised in the Agreement State of establishment to undertake carriage by means of regular services including special regular services or occasional services by road passenger transport vehicles;
- satisfies the conditions laid down in accordance with any laws and regulations in Malta or equivalent regulations in the Agreement State of establishment governing market access;
- satisfies the legal requirements and standards on road safety for drivers and vehicles.
(3) Any own-account carrier shall be permitted to carry out special regular services without discrimination as to nationality or place of establishment if the said carrier:
- is authorized in the country of establishment to undertake carriage by passenger transport vehicles in accordance with any laws and regulations in force in Malta or equivalent regulations in the Agreement State of establishment governing market access;
- satisfies the legal requirements and standards on road safety for drivers and vehicles.
(4) Empty journeys by vehicles in connection with the transport operations referred to in subregulations (1) and (2) shall not require any authorisation.

- the points of departure and destination and, where appropriate, the return journey;
- the period of validity of the ticket;
- the price of the transport.
(2) Such transport ticket shall be presented at the request of any authorised inspecting officer.

(2) Authorisations shall entitle the holder(s) to operate regular services in the territories of all Agreement States over which the routes of the service pass as well as in Malta.
(3) (a) A carrier who has received an authorisation may, with the consent of the Authority, operate the service through a sub- contractor. In this case, the name of the latter undertaking and its role as sub-contractor shall be indicated in the authorisation.
(b) The sub-contractor mentioned in subparagraph (a) must fulfil the conditions laid down in subregulation (1) of regulation 26.
(c) In the case of undertakings associated for the purpose of operating a regular service, the authorisation shall be issued in the names of all the undertakings
B 1941

Regular Services.

Authorisation for regular and non- liberalised special regular services

Nature of

Authorisation.

B 1942

Submission of applications for authorisation.

Authorisation procedure

Lapse of

Authorisation

Obligation of carriers.

(4) The operator of a regular service may use additional vehicles to deal with temporary and exceptional situations. In this case, the carrier must ensure that the following documents are carried on such additional vehicles:
- a copy of the authorisation of the regular service,
- a copy of the contract between the carrier operating the regular service and the undertaking providing the additional vehicles or an equivalent document,
- a certified true copy of the Community Licence issued to the carrier operating the regular service.

(2) Authorisations shall be issued in agreement with the authorities of all the Agreement States in whose territories passengers board or disembark.

(2) Where demand for a service has ceased to exist, the period mentioned in subregulation 1 shall be reduced to one month.
(3) The holder of the authorisation shall notify users of the service concerned of its withdrawal one month beforehand by means of publication in the Gazette.
36. (1) Save in the event of force majeure, the carrier operating a regular service shall, until the authorisation expires, take all measures to guarantee a transport service that fulfills standards of continuity, regularity and capacity and complies with the other conditions as laid down by the Authority in accordance with subregulation (3) of regulation 30.
(2) The carrier shall display the route of the service, the bus stops, the timetable, the fares and the conditions of carriage insofar as these are not laid down by law, and in such a way as to ensure that such information is readily available to all users.

(2) A carrier operating occasional services shall fill out a journey form before each journey.

(2) Such certificates shall be issued by the Authority when the vehicle is registered in Malta and shall be valid for the entire journey including transit for up to a maximum of five years. They must conform to the model in the Eighth Schedule to these regulations.
(3) The certificate or a certified true copy shall be carried on board the vehicle and shall be presented to an authorised inspecting officer upon demand.

Access to the market in other countries

Access to the National Market by Non-Resident Carriers

Established in Agreement States (‘Cabotage’)

Malta for the following services:
B 1943

Journey form.

Own account transport operators.

Evidence of compliance to be provided.

Transitional provision

Market access.

Temporary cabotage operations.

Authorised services.

B 1944

Cabotage operations subject to Maltese laws.

Licence to be

carried on board the vehicle.

Control documents - journey forms for occasional cabotage operations.

Control document.

Journey forms.

a. special regular services provided that they are covered by a contract concluded between the organiser and the carrier;
b. occasional services.
(2) Cabotage transport operations for regular services shall not be authorised in Malta.

i. rates and conditions governing the transport contract;
ii. weights and dimensions of road vehicles shall meet the conditions of the relevant regulations regulating motor vehicles’ weights, dimensions and equipment;
iii. requirements relating to the carriage of certain categories of passengers, such as schoolchildren, children and persons with reduced mobility;
iv. driving and rest time;
v. VAT (value added tax) on transport services

(2) (a) The penalties referred to in subregulation (1) may, inter alia, consist of a warning or, in the event of serious or repeated infringements, a temporary ban on cabotage transport operations within Malta, if the infringement was committed in Malta.
(b) Where a falsified Community Licence, falsified authorisation or falsified certified true copy thereof is produced, the falsified document shall be withdrawn immediately and, where appropriate, forwarded as soon as possible to the competent authority of the carrier’s State of establishment.
(c) Any penalty imposed by the Authority may extend to withdrawal of authorisation to pursue the profession of road passenger transport operator.
(3) The Authority may also, pursuant to national law, arraign the carrier registered in Malta concerned before a competent court or tribunal.

(2) Carriers operating coaches and buses in international passenger transport shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods. 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;
B 1945

Penalties.

General.

B 1946

Inspections at quayside or roadside.

Elements of checks.

Inspections at premises.

Checks at the request of the Authority.

(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.

(a) daily driving periods, daily rest periods, breaks; (b) last weekly rest period (where appropriate);
(c) technical requirements of the relevant regulations regulating motor vehicles’ weights, dimensions, and equipment;
(d) any books or documentation relating to journey authorisation.

(a) weekly rest periods and driving periods between these rest periods,
(b) two-weekly limitation of driving hours,
(c) compensation for reduced daily or weekly rest periods, (d) the use of record sheets and/or the organization of
drivers’ working times.

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