L.S. 499.23 Regolamenti dwar il-Bastimenti Kummerċjali

(1)The title of these regulations is the Commercial Vessels Regulations. Citation.

(2)The Code of Practice for the Safety of Commercial Vessels shall form part of these regulations and be enforceable as part of the Laws of Malta. *

1. These regulations and the Code of Practice shall regulate the owners of commercial vessels certified to be used or operated for hire or reward within the ports, internal waters and territorial waters of Malta, and the safety and manning requirements of such vessels.
2. In these regulations, unless the context otherwise requires: "Authority" means the Authority for Transport in Malta as established by the Authority for Transport in Malta Act; "authorised commercial premises" means any commercial premises as defined by the Trading Licences Act and which is licensed to carry out any commercial activity in terms of the Trading Licences Regulations; and for the purpose of these regulations includes also any building, premises or other establishment which is licensed in terms of the Malta Travel and Tourism Services Act; Scope. Amended by: L.N. 117 of
3. Interpretation. Amended by: XV. 2009.49; L.N. 117 of
4. Cap.
5. Cap.
6. S.L. 441.
7. Cap.
8. "bunker barge" shall have the same meaning as that assigned to it in the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations; S.L.499.12 "bunkers" shall have the same meaning as that assigned to it in the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations; S.L.499.12 "certificate of competency" means a qualification issued under these regu latio ns lim ited to service on com merci al vessels operating in Maltese ports and internal or territorial waters; "certificate of insurance" means a certificate of insurance issued by an insurer in terms of the provisions contained in the Code of Practice; "certifying authority" means the Authority for Transport in Malta or any other person authorised by it; "Code of Practice" means the Code of Practice for the Safety of *Paragraphs 30.2.4 and 30.3.1 of the Code of Practice for the Safety of Commercial Vessels are in force as from 1st May, 2004 - vide Legal Notice 327 of
9. 2 [ S.L.499.23 COMMERCIAL VESSELS Commercial Vessels and any subsequent amendments thereto issued and published by the Authority, governing the construction, machinery, equipment, stability, operation, manning, certification and maintenance of commercial vessels; "commercial vessel" means a vessel, whether power-driven or not, engaged in or intended for use in any trade, business or calling or operating for hire or reward within the ports, internal waters and territorial waters of Malta; for the purposes of these regulations and of the Code of Practice unless otherwise specified the term "vessel" shall have the same meaning as commercial vessel; "commercial vessel certificate" means a certificate valid for a specified perio d, issued by the Authorit y in terms of these regulations, on the basis of a survey conducted by a surveyor or organisation recognised by the Authority, certifying that at the time of survey, the vessel was found to comply with all the relevant requirements of the Code of Practice; "convention vessel" means a vessel which due to its tonnage, usage or dimensions would, if trading in international waters or on international voyages, fall within the requirements of any, or any part, of the IMO Conventions to which Malta has acceded to; "crew" means persons employed or engaged in any capacity on board a vessel, other than the Master; S.L.499.12 "dangerous goods" shall have the same meaning as that assigned to it in the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations; "effective" means in relation to a fitting or piece of equipment or material, that all reasonable and practicable measures have been taken to ensure that it is suitable for the purpose for which it is intended to be used; "enforcement officer" means a member of the Police or of the Armed Forces of Malta, or an official authorised by the Authority to enforce these regulations; S.L.10.23 "engine driver" means a person holding an "A" (Steam) Sea First or Second Grade, or "B" (Motor) Sea First or Second Grade Special Licence issued under the herein repealed Mechanically Driven Boats (Passengers and Cargo) Regulations; "existing commercial vessel" means a vessel which is not a new vessel; "freeboard" means the distance measured vertically downwards amidships from the lowest point of the upper edge of the freeboard deck to the waterline in still water, or from the upper edge of the deck line to the upper edge of the related load line, as appropriate; "gross tonnage" means the gross tonnage registered in the certificate of registry or the tonnage recorded in the Tonnage Certificate of a vessel applying for a certificate under these regulations; "hire” shall include bareboat chartering, whether skippered or not; "IMO" means the International Maritime Organisation; COMMERCIAL VESSELS [ S.L.499.23 "insurer" means an assurance company established in terms of the Laws of Malta; "length" unless expressly provided otherwise, means 96% of the total length on a water line at 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with a rake keel the waterline on which this length is measured shall be parallel to the designed waterline; "length overall" means the overall length from the foreside of the foremost fixed permanent structure to the aftside of the aftermost permanent structure of the vessel; "licence" means a licence issued by the Authority to the owner in terms of these regulations; "Master" means the Master or person other than a pilot or watchman, having command, charge or management of a vessel for the time being; "Master with special licence" means a person licensed to serve as Master of a boat trading within the internal and territorial waters of Malta, under the herein repealed Mechanically Driven Boats (Passengers and Cargo) Regulations; "Minister" means the Minister responsible for maritime transport; " n e w c o m m e r c i a l v e s s el " m e an s a v e s s e l t o w h i c h t h e s e regulations apply, the keel of which was laid or the construction or lay-up was started on or after the date when these regulations came into force, or an existing vessel not already being a vessel to which these regulations apply, but obtained and proposed to be newly used as such a vessel on or after that date; "non-convention vessel" means a vessel other than a convention vessel; "owne r " me ans the registere d o wner o r the owne r or t he managing operator of the registered owner or owner or disponent owner, or Master of the vessel; "passenger" means a person on board a commercial vessel other than: (a) the Master and the members of the crew or other person employed or engaged in any capacity on board a vessel on the business thereof; (b) a person on board the vessel either in pursuance of the obligation laid upon the Master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the Master nor the owner, if any, could have prevented; and (c) a child under one year of age; "passenger transport services" means the carriage of passengers using commercial vessels for hire or reward, and shall include sightseeing tours and any other commercial activity involving the S.L.10.
10. 3 4 [ S.L.499.23 COMMERCIAL VESSELS carriage of passengers; "pilot boat" means a vessel, of whatever size, employed or intended to be employed in pilotage services; "pleasure craft" means any ship which is only and exclusively used and operated for private pleasure and recreational purposes and not operated for or otherwise used in any commercial activity; "policy" means a policy of insurance which is issued by an insurer in respect of the risks described in regulation 19

(3)(k); S.L.499.12 "polluting goods" shall have the same meaning as that assigned to it in the Dangerous Cargo Ships, Marine Terminals and Facilities and Bunkering Regulations; Cap.

1. "ports" shall have the same meaning as that assigned to it in the Ports and Shipping Act and any harbour, bay, cove, creek, seashore or any navigable waters; "qualifying service" means the recorded time spent in service aboard a vessel relevant to the issue of a certificate or other qualification, calculated and documented as approved by the Authority; "register" m eans a regist er of licences m aintained at the Authority for Transport in Malta pursuant to these regulations; "safety of navigation" means all equipment, appliances, machinery, manning levels, navigational instruments and the due professional care and attention of the Master and all crew on board, which appertains to the safe conduct of operations, both for the vessel involved and other vessels, people or property which may become involved in such operations; Cap.
2. Cap.
3. Cap.
4. Cap.
5. "ship" shall have the same meaning as that assigned to it in the Ports and Shipping Act; "surveyor" means a person appointed as a surveyor of ships in terms of the Merchant Shipping Act, or a person so appointed by a classification society approved by the Authority, or a person appointed by the Authority for the purpose of examining and surveying vessels in terms of these regulations; "territorial and internal waters" shall have the same meaning as that assigned to them in the Authority for Transport in Malta Act; " Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l established in terms of article 5 of the Administrative Justice Act; "watertight" means capable of preventing the passage of water in either direction; "weather deck" means the main deck which is exposed to the elements. Application. Amended by: L.N. 117 of
7. These regulations and the Code of Practice shall apply to all vessels engaged in any trade, business or calling within the territorial or internal waters or within any port of Malta, provided that they shall not apply to: (a) a pleasure craft; COMMERCIAL VESSELS [ S.L.499.23 (b) a fishing boat when engaged, operated and used solely in licensed fishing activities in terms of the provisions of the Fisheries Conservation and Management Act; 5 Cap.
8. (c) ship owned or operated for non-commercial service; (d) ships of war or official vessels unless used on a commercial service. 5.

(1)The purpose of the Code of Practice shall be to regulate all aspects, relating to the safety of commercial vessels including, but not limited to construction, machinery, equipment, stability, operation, manning, certification and maintenance. Code of Practice.

(2)The Authority shall have the responsibility of publishing and monitoring the application of the Code of Practice which shall be read and construed in conjunction with these regulations and which will be published on the date of bringing into force of these regulations.

(3)The Authority shall from time to time amend the Code of Practice through the issuing of relative notices.

(4)In case of conflict between these regulations and the Code of Practice and the requirements prescribed in a recognised administration’s or classification society rules, the former shall prevail.

1. No person shall use or operate a vessel, nor shall its owner cause or permit the use or operation of such vessel, for hire or reward within the ports, internal and territorial waters of Malta, unless it is certified in terms of the Code of Practice and is covered by a valid commercial vessel certificate. Use of commercial vessel. Substituted by: L.N. 117 of
3. These regulations shall apply to a commercial vessel when it is water-borne, moored or anchored: When regulations apply. Amended by: XV. 2009.
4. Provided that if such commercial vessel is berthed, moored or anchored, but is not regularly used in accordance with the uses for which it is certified, its owner shall comply with any requirements in respect of such vessel as the Authority may prescribe from time to time.
5. No person authorised by the owner of a vessel to act as operator of such vessel shall, except in case of necessity, allow any other person to act as operator of such vessel, without the consent of the owner thereof, and no person shall, except in case of necessity, act as operator of a vessel without the consent of the owner of such vessel. No person to act as operator of vessel without consent of owner. 9.

(1)A commercial vessel shall only be used or operated between those landing places, areas and by routes, as may be prescribed from time to time by the Authority. Commercial vessel and landing place. Amended by: XV. 2009.49; L.N. 117 of 2014.

(2)A commercial vessel may not be operated outside the areas assigned to it or be used for a purpose other than that prescribed in the commercial vessel certificate without the approval of the Authority.

(3)A commercial vessel may only be exposed for hire or 6 [ S.L.499.23 COMMERCIAL VESSELS moored at places appointed by the Authority. Commercial vessel certificate to be displayed on board. Amended by: XV. 2009.49. 10.

(1)The owner of a commercial vessel shall prominently display the commercial vessel certificate on board the vessel and where this is not possible, shall produce the certificate to the Authority on demand.

(2)In the case of a commercial vessel carrying passengers, the owner shall also prominently display or have clearly and permanently marked in a suitable position, as appropriate, the maximum number of passengers which such vessel is certified to carry.

(3)All other certificates issued in terms of the Code of Practice shall be kept on board the vessel. Commercial vessel certificate, etc. Added by: L.N. 117 of

1. 10A. The provisions of regulations 13, 14, 15 16, 17, 20, 21, 23, 24, 25, 26, 27 and 28 shall mutatis mutandis apply to any commercial vessel certificate and other certificates, licences or permits issued under the provisions of these regulations and the Code of Practice. Commercial Vessel Operator’s Licence Licence. Amended by: XV. 2009.
2. 11.

(1)No person shall act as a commercial vessel operator unless he is in possession of a valid licence issued by the Authority in accordance with the provisions of these regulations.

(2)The Authority may, in its discretion and under such terms and conditions as it may deem appropriate, grant such a licence to any person for the provision of services contemplated in these regulations. Cap. 499. Eligibility for an operating licence. Amended by: XV. 2009.49; L.N. 117 of 2014.

(3)The Authority may also make any arrangements or enter into any agreement, as it may deem appropriate or expedient, with any person for any of the purposes relating to its functions in terms of the Authority for Transport in Malta Act. 12. A person shall not be eligible for a licence, unless he is an owner of a vessel and is (

1. a)eighteen years of age and in the opinion of the Authority of good character, has good knowledge of the relevant regulations relating to transport and considered competent to provide such service within the internal and territorial waters of Malta; or (
2. b)a body corporate established under and subject to the Laws of Malta, or a foreign corporate body enjoying legal personality in terms of the law under which it has been established or constituted, and satisfying the Authority that it can and will ensure due observance of all the laws and regulations relating to transport within the internal and territorial waters of Malta. Granting of a licence. Amended by: XV. 2009.49. 13. A licence referred to in this Part of the regulations may be granted after an application on the appropriate form is presented to t h e A u t h o r i t y, a c c o m p a n i e d b y a l l t h e d o c u m e n t a t i o n a n d certification prescribed therein. COMMERCIAL VESSELS [ S.L.499.23 7 14. The Authority may at the time of issue, or at any other time, attach to a licence any condition or conditions which it may deem fit. Conditions. Amended by: XV. 2009.49. 15. The Authority may suspend, cancel, revoke or refuse the renewal of any licence previously granted or renewed by it under t he s e r e g u l a t i on s f o r an y b r e a c h o f a n y p r o v i s i o n o f t h e s e regulations or of any other laws and regulations or lawful directives of the Authority that the holder thereof is bound to observe during the carrying out of commercial operations and activities. Abrogation of a licence. Amended by: XV. 2009.49. Substituted by: L.N. 117 of 2014. 16. Any person or body corporate whose licence under these regulations has been suspended, cancelled or revoked by the Authority under these regulations, shall within forty-eight hours of such suspension, cancellation or revocation, deliver his licence to the Authority. Delivery of licence. Amended by: XV. 2009.49. 17. The holder of any licence under these regulations shall comply with any instructions, orders or directives given by the Authority from time to time. Compliance with instructions by the Authority. Amended by: XV. 2009.49. 18. Every person or body corporate licensed under these regulations shall carry or display such licence when acting in the capacity for which he is licensed and produce same to an enforcement officer on demand. Display of licence. Amended by: XV. 2009.49; L.N. 117 of 2014. 19.

(1)An owner shall not be eligible to be licensed under these regulations unless he satisfies all the requirements laid down in these regulations. Application for a licence. Amended by: XV. 2009.49; L.N. 426 of 2012; L.N. 117 of 2014. Cap. 499.

(2)No licence shall be issued unless the vessel which he owns is duly registered in accordance with the Authority for Transport in Malta Act.

(3)An application for a licence shall be submitted to the Authority together with such documentary or other evidence acceptable to the Authority, including: (

1. a)legally valid identification document or passport of applicant or applicants; (
2. b)the certificate of incorporation; (
3. c)copy of the Memorandum and Articles; (
4. d)registration and ownership of the vessel; (
5. e)the hull type, dimensions, tonnage, specifications and details of the engine as certified by an administration or classification society recognised by the Authority, or a surveyor; (
6. f)the purpose for which the vessel is to be used, the mooring berth when it shall be off hire or laid-up and the places requested to be moored, operated or hired out from; (
7. g)a commercial vessel certificate; (
8. h)the relevant certificates for the type as required by the Code of Practice; (
9. i)if the vessel is in class with a classification society or 8 [ S.L.499.23 COMMERCIAL VESSELS built to standards specified by an administration recognised by the Authority: (
10. i)a certificate of class or administration approval; (
11. ii)such other documents as relate to the fitness of the vessel as required by the Code of Practice; (
12. j)Cap. 234. Cap. 499. where applicable, evidence of compliance with the IMO Conventions and Recommendations to which Malta has acceded to and any other regulations made under the Merchant Shipping Act, the Authority for Transport in Malta Act, or any other Act under the Laws of Malta; (
13. k)proof of a valid insurance policy, under which the owner or Master of a vessel is adequately insured for an amount which he may become liable to pay in respect of: (
14. i)any liability which may be incurred in respect of the death of or bodily injury to any person caused by or arising out of the use of the vessel; (
15. ii)any liability which may be incurred in respect of loss or damage to property belonging to any third party arising out of the use of the vessel; (iii) salvage and wreck removal cost; (
16. iv)pollution damage and costs of preventing or reducing damage resulting from the discharge or escape of dangerous or polluting goods; (
17. l)in addition to the requirements of paragraph (
18. k)the Authority may also request a bank guarantee for such an amount and under such conditions as he may establish; (
19. m)if applicable, the relevant valid certification held by the Master, officers or crew issued under these regulations or by an administration recognised by the Authority; and (
20. n)such other information and particulars of the proposed vessel and crew as may be required by the Authority. Inspection of vessel. Amended by: XV. 2009.49; L.N. 117 of 2014. 20.

(1)The Authority may require the owner, who has applied for a licence or prior renewal of a licence, to bring the vessel to a place at an appointed date and time for an inspection by a surveyor or any other person appointed by the Authority.

(2)The Authority may at any time prohibit the use and operation of any commercial vessel if such commercial vessel is considered by it, in its absolute discretion, as not being seaworthy or constituting a danger to life, health, safety or property. Acceptance or decline of licence. Amended by: XV. 2009.

2. The Authority may either accept or decline to issue a licence. Dispensation.
3. An owner of a vessel, which prior to the date of the coming into force of these regulations was in possession of a valid licence COMMERCIAL VESSELS [ S.L.499.23 9 and has conducted within the ports, internal and territorial waters of Malta the same commercial activity for which a licence is required under these regulations, shall, on expiration of the former licence or within one year from the date of the coming into force of these regulations, comply with all the provisions contained within these regulations.
4. Without prejudice to regulations 14 and 15, the licence shall be valid for a period of not more than twelve and not less than six months from the date of issue: Validity of licence. Amended by: L.N. 117 of
5. Provided that the Authority may establish different validity periods for different licences from time to time. 24.

(1)A licence shall contain such particulars as the Authority may consider necessary for the purposes of these regulations.

(2)Licence and register. Amended by: XV. 2009.49. The Authority shall keep a register of licences. 25.

(1)Every licensee shall file an application for the renewal of a licence at least one calendar month before the expiry date. Licence renewal. Amended by: XV. 2009.49.

(2)If a licence is not to be renewed, the owner of the vessel shall immediately inform the Authority in writing as to the reason for not requesting renewal and what his intentions are in respect of the vessel.

(3)When a licence is not renewed, the Authority may require the owner to remove or dispose of his vessel within such time and to such a place as it may require and if the owner fails to comply, the Authority may cause removal or disposal of such vessel at the risk and expense of the owner. 26. A licence issued under these regulations shall not be transferable. Licence not transferable. 27.

(1)Prior to any change of ownership of a vessel, the buyer and the licensee shall, within twenty-one days prior to such change of ownership, submit to the Authority the licence together with an application for a new licence by the buyer. Change of ownership. Amended by: XV. 2009.49; L.N. 117 of 2014.

(2)A new licence shall be issued to the new owner following the submission of such documentary or other evidence of said transfer or change of ownership as the Authority may require.

(3)Upon the issue of a new licence by the Authority, the licence of the previous owner is thereby cancelled or modified by the Authority.

(4)Upon the death or dissolution of the owner, the licence issued in respect thereof shall become null and void and has to be surrendered to the Authority. 28. Without prejudice to regulation 15, the Authority may revoke, suspend or refuse renewal of a licence if the licensee: (

1. a)has made a false declaration or representation; (
2. b)is guilty of any fraudulent practice or crime in the use of the commercial vessel or during the execution of his Revocation, suspension or nonrenewal of a licence. Amended by: XV. 2009.49. 10 [ S.L.499.23 COMMERCIAL VESSELS trade; (
3. c)has contravened or failed to comply with any of the requirements of these regulations, or any other relevant legislative provisions, or any directions of the Authority, or any of the terms and conditions of the licence; (
4. d)has not, for a period of one year, carried out the operation for which he is licensed. Registered owner and Master. 29. The persons whose name appear in the register as (
5. a)the owner and Master; (
6. b)the owner; or (
7. c)the Master of a commercial vessel, shall, for all the purposes of these regulations, be deemed to be the owner and Master or the owner or the Master thereof respectively. Change of particulars notification. Amended by: XV. 2009.49. 30.

(1)The owner of a commercial vessel shall inform the Authority of any requested changes, or report any incident, which may alter any of the particulars prescribed in these regulations or the Code of Practice.

(2)Upon receipt of such a request or report, the Authority may require the inspection of the vessel, or such other measures to be ta ken as m ay b e ne ce ssa ry t o m ai n t a i n t h e l i c e n c e an d t he commercial vessel certificate valid. Endorsement of licence and register notation.

1. Whenever an approved change occurs in any of the particulars appearing in the register, such change shall be entered in the register and where applicable, endorsed upon the licence or certification. Replacement. Amended by: XV. 2009.
2. 32.

(1)In the event of any licence or certificate being lost, destroyed, illegible or otherwise not recoverable, the licensee shall forthwith apply to the Authority for a replacement.

(2)Where the Authority is satisfied that a licence or a certificate has been lost or damaged it may issue a duplicate licence or certificate, as the case may be, on payment of a fee. Return of licence to the Authority. Amended by: XV. 2009.49. 33. If a licence or certificate has expired, or has been cancelled, revoked or suspended by the Authority, the owner or holder of the licence or certificate, as the case may be, shall surrender such licence or certificate to the Authority forthwith. It shall be lawful for the Authority to order that the vessel is removed or disposed of, and if the owner fails to comply, the Authority may cause removal or disposal of such vessel at the risk and expense of the owner. Substituted by: L.N. 117 of 2014. Operations of Commercial Vessels and Passenger Transport Services Establishment of routes. 34. The Authority may from time to time, for the better organisation of the maritime transport service, do all or any of the following: (

1. a)establish routes for the conveyance of passengers or COMMERCIAL VESSELS [ S.L.499.23 11 cargo from one part of Malta to another, or from one island to another; (
2. b)group together two or more routes or all the routes; (
3. c)determine which vessel shall operate on any such route; (
4. d)allot the service on any such route to any licensee; (
5. e)vary, cancel or revoke any such route or any grouping of routes or any allotment of service thereon, and may do so upon such conditions as the Authority may direct; (
6. f)in making any allotment of service under this regulation the Authority may make such allotment to the exclusion of any other licensee; (
7. g)determine a schedule of service and the fares or charges for such routes; (
8. h)establish conditions on the licensee for operating a route; (
9. i)amend or cancel allotted routes previously established; and (
10. j)investigate complaints by users of commercial vessels. 35. Where the service on any route is allotted to an owner in terms of regulation 34, all licences held by the owners of any vessel to be used or operated on that route shall be withdrawn, subject to their being re-issued at the discretion of the Authority, under the conditions laid down in the last preceding regulation. Withdrawal subject to re-issue of licences. Amended by: L.N. 117 of 2014. 36. It shall be lawful for the Authority notwithstanding any agreement made in terms of regulation 34, in case of any emergency, or of an unusual concourse of people or cargo, to order that other commercial vessels, not ordinarily operated or certified for that route, be run for such time and under such conditions as the Authority may direct and no claim shall be entertained for damages suffered in consequence of such order being contrary to the conditions contained in any agreement between the Authority and any other owner. Directions in cases of emergency. Amended by: XV. 2009.49. 37.

(1)Tariffs shall be established either in accordance with regulation 34 or by the operator of the commercial vessel. All tariffs must be published by the operator. Fares, etc. Substituted by: L.N. 117 of 2014.

(2)It shall not be lawful for a Master, operator or owner or of a commercial vessel to charge or demand a fare higher than the established and published tariff, whether such fare is established in terms of regulation 34 or not, or, if a lesser sum is agreed upon, more than such agreed sum.

(3)A printed form of the tariff of fares shall be displayed conspicuously at all times in the interior of every commercial vessel and the Authority may direct the operator of a commercial vessel to display other information from time to time.

(4)Tariff of fares of commercial vessels shall include the full charges applicable and whether such charges are computed by 12 [ S.L.499.23 COMMERCIAL VESSELS distance or by time.

(5)The Master, operator or owner of a commercial vessel shall provide the passenger with a receipt showing the date, the amount paid and the origin and destination of the trip.

(6)A passenger may be requested by an enforcement officer to produce his receipt in order to examine and inspect the receipt and its validity on embarking on or disembarking from a commercial vessel.

(7)The owner or operator of a commercial vessel let out on hire shall not permit any person or things to be carried in, on or with such vessel, whilst on hire, without the consent of the hirer. Passenger transport services. Added by: L.N. 117 of 2014. 37A.

(1)Passenger transport services may only be sold from authorised commercial premises, from the operator’s offices or operating centre, online, by telephone or by mail, from the commercial vessel for which the transport services are being sold, from the operator’s authorised and licensed stand or within five metres of the established pick-up and, or drop-off points: Provided that the said five metres do not interfere with the rights of, or cause any kind of nuisance to, a neighbouring operator.

(2)The sale of any transport services within five metres of the established pick-up and, or drop-off points shall be subject to any authorisation, certificate, permit or licence that is required from any competent authority for the setting up, placing, affixing or installation of the street furniture required.

(3)The sale of passenger transport services shall not take place within five metres of any bus stop, taxi stand or horse cab stand, or any other stop or stand used exclusively for land transport services. Persons selling passenger transport services to wear identification tag. Added by: L.N. 117 of

1. No soliciting or importuning. Added by: L.N. 117 of
2. 37B. Any person selling passenger transport services from within five metres of the established pick-up and, or drop-off points s h a l l w e a r, a t a l l t i m e s a n d i n a c o n s p i c u o u s m a n n e r, a n identification tag issued to him by the operator of those services which shall contain a photograph of the person in respect of whom it is issued, his name and his Identity Card number and the name of the operator. 37C.

(1)The Master, operator or owner of a commercial vessel, while standing or operating for hire, shall not call, request, solicit or otherwise importune any person to hire such commercial vessel and shall not make use of the services of any other person for such purposes.

(2)No person shall call, request, solicit or otherwise importune, whether directly or indirectly, any person in any location for any passenger transport service and shall not make use of the services of any other person for such purposes. Breach of regulations. Added by: L.N. 117 of 2014. 37D. No person shall (a) sell; or (b) cause or permit another person to sell passenger transport services in breach of regulations 37A, 37B and COMMERCIAL VESSELS [ S.L.499.23 13 37C. 38.

(1)In the event of a stoppage or of a suspension for any cause whatsoever of any service on any established route or in any other part of Malta usually served by commercial vessels, which may affect, or be likely to affect the reasonable requirements of the inhabitants of Malta for transport, it shall be lawful for the Authority to seize and take possession of and use, any commercial vessel and for such purpose to authorise any member of the Authority or other enforcement officer to enter any premises. Requisition by the Authority of a commercial vessel in case of stoppage or suspension of service. Amended by: L.N. 425 of 2007; L.N. 117 of 2014.

(2)The owner of any such commercial vessel, shall receive such compensation in respect of the use thereof as the Authority may, previously or subsequently, fix.

(3)From the decision of the Authority an appeal shall lie to the Court of Appeal. Such appeal shall be entered by an application within four working days from the date on which the decision was given. The application shall be served to the Authority which shall file an answer thereto within four working days. The pleadings on any such appeal shall be deemed to be closed with the answer of the Authority, or at the expiration of the time for such answer.

(4)Any person who shall obstruct or hinder any enforcement officer from taking possession of any commercial vessel, or shall in any way interfere with or incite others to interfere with the use of any vessel requisitioned under the provisions of this section, shall be liable, on conviction, to a fine (multa) of not less than one thousand and five hundred (1,500) euro and not more than twelve thousand (12,000) euro or to imprisonment for a term not exceeding three months.

(5)If any person shall by reason of any requisition in terms of this regulation be prevented from fulfilling any contract, such person shall not be deemed to have thereby committed a breach of contract, but such contract shall be suspended by such requisition so far as its fulfilment is thereby rendered impossible. Safety and Pollution Prevention

1. Nothing in these regulations shall abrogate the authority of the Authority in respect of any safety and pollution prevention and control requirement for any commercial vessel within any port and the territorial and internal waters of Malta. Authority’s authority not abrogated. Amended by: XV. 2009.
3. The Authority reserves the right to be given as required for the purposes of combating any emergency or pollution incident, immediate access to, use and control of any or all such safety and pollution equipment or resources as are required under these regulations to be provided on any vessel. Such equipment shall be provided free of charge, but used at the risk of the Authority and reasonable costs incurred by the provider in respect of any consumables used, or equipment damaged, will subsequently be reimbursed. Authority’s prerogative to have emergency use of equipment and resources. Amended by: XV. 2009.
4. 41.

(1)Save as provided for in any other law, it shall not be lawful to leave in any port or on any wharf or on any landing place anything which might impede the free navigation or obstruct the passage, embarkation or disembarkation of persons, merchandise or Obstruction in ports and on wharves. Amended by: XV. 2009.49. 14 [ S.L.499.23 COMMERCIAL VESSELS other things, or leave therein any unserviceable vessel, abandoned or sunk.

(2)It shall be lawful for the Authority to give orders to Masters of vessels with a view to avoiding accidents or obstruction to free navigation, or other inconveniences. Throwing of noxious things in ports. 42.

(1)No owner, Master or crew member shall leave in any port or on any wharf or any landing place anything which may cause injury to public health, or a nuisance, or throw into the waters of any port or into any part of the internal waters or of the territorial waters of Malta any ballast, solid material rubbish or dirty liquid which may cause a nuisance.

(2)If any owner or Master is found guilty of an offence under this regulation, he shall be liable for all damages caused and all costs occasioned by the facts constituting the offence, and the court shall, at the demand of the prosecution made at any time of the proceedings prior to final judgement, order in the same judgement the offender to make good and pay to the Authority all such damages and costs as shall be liquidated by the same court, which order shall be executable in the same manner as if it had been given in a civil action duly instituted by the Authority against the offender: Provided that nothing in this regulation shall affect the right of third parties to institute any civil action against the offender for any damage suffered by them. Unsafe operation. 43.

(1)No owner or Master of a commercial vessel shall cause or permit such vessel to be operated in a way which could endanger the life or property of others or present a hazard to the marine environment.

(2)It shall not be lawful for any person to operate a vessel at a high speed or while he is in a state of intoxication, or by improper operation, or other wilful misconduct, to damage the property of any other person.

(3)Where any damage has been caused to the property of others as aforesaid, it shall be lawful for the court by which the owner is convicted, to direct that the owner of the vessel shall pay such a sum, as appears to the court a reasonable compensation for such damage. Prevention of collision and good seamanship. S.L.234.20 S.L.234.21 Cap. 234. Assistance to vessels in distress. 44.

(1)The Master of a vessel shall, if he conveniently can, give way to any other vessel and avoid obstructing the operator of any other vessel.

(2)Masters of commercial vessels shall comply with the Merchant Shipping (Prevention of Collisions) Regulations, and the Merchant Shipping (Signals of Distress) Rules, made in terms of the Merchant Shipping Act, which for the purpose of these regulations shall take effect as if enacted herein, and shall at all times take such precautions as may be required by the ordinary practices of seamen, or by special circumstances of the case. 45. No vessel shall, in case of distress, refuse to assist any COMMERCIAL VESSELS [ S.L.499.23 15 vessel requiring assistance. 46. A commercial vessel shall at no time carry on board more persons or passengers or cargo than that stated on the relevant certificate issued by the Authority in terms of these regulations and the Code of Practice. Number of persons or amount of cargo carried. Amended by: XV. 2009.49. 47. Whilst carrying passengers, a commercial passenger vessel shall not be used for any other purpose provided that: Carriage of passengers. Amended by: XV. 2009.49. (

1. a)cargo may be carried on board a commercial passenger vessel if so certified and so authorised by the Authority; (
2. b)it shall always remain the responsibility of the Master to ensure that such cargo is not in any way harmful to passengers by its nature, quantity or stowage. 48. Every licensee shall ensure that the vessel has on board: (
3. a)the relevant effective life-saving and fire-fighting appliances and other effective equipment prescribed in the Code of Practice; (
4. b)any other substitute provision or type, material, appliance, apparatus or equipment which the Authority may accept as being at least as effective an alternative to those required in these regulations. Equipment and appliances required to be provided on board commercial vessel. Amended by: XV. 2009.49. Manning 49. The minimum manning on board a commercial vessel for the safety of navigation shall at all times be in compliance with the requirements of the Code of Practice. Manning of commercial vessel. 50. Any Master or crew member shall produce his certificate of competency to the Authority on demand. Proof of certificate of competency. Amended by: XV. 2009.49. 51. No person shall be permitted to serve as a Master, or a crew member on a vessel unless he holds a certificate of competency i s s u e d b y t h e A u t h o r i t y, i n a c c o r d a n c e w i t h t h e r e l e v a n t requirements prescribed in the Code of Practice or such other qualifications as may be recognised by the Authority: Qualifications. Amended by: XV. 2009.49; L.N. 117 of 2014. Provided that a person who prior to the coming into force of these regulations was in possession of a special licence to perform the duties of master or an engine driver of a vessel in terms of the Mechanically Driven Boats (Passengers and Cargo) Regulations shall, within one year from the date of coming into force of these regulations, obtain a commercial vessel master certificate or commercial vessel engine driver certificate according to the Code of Practice, respectively: Provided also that the holder of any other qualification shall, within one year from the date of the coming into force of these regulations, obtain the appropriate qualifications under the requirements of the Code of Practice: Provided further that if within the five years immediately prior to the application for the relevant certificate, such a person S.L.10.23 16 [ S.L.499.23 COMMERCIAL VESSELS has not served within the same capacity on a similar vessel for at least twelve months total service, the Authority may require him to undergo a further practical, written or oral test prior to being permitted to be employed on a commercial vessel. Offences by Master or crew member. Amended by: L.N. 425 of 2007; XV. 2009.49; L.N. 117 of 2014. 52.

(1)Subject to the provisions of these regulations, if any Master or crew member in the exercise of his duties has contravened any of the provisions of these regulations or has disobeyed any order or directive given by the Authority, the Authority shall hand over to the offender a notice containing a general description of the offence and may: (

1. a)suspend or revoke the certificate of such master or crew member; (
2. b)impose a penalty of not more than three thousand (3,000) euro in respect of each offence and which has to be paid to the Authority within such time indicated in the notice, which in no case shall be less than seven days, or provided that where any penalty imposed under this regulation is not paid within the aforementioned period, ordinary proceedings in respect of the offence may be taken in accordance with the provisions of these regulations.

(2)The suspension or revocation of a certificate or the payment of any penalty ordered under this regulation shall for all intents and purposes of law, be deemed to be an admission of the commission of the offence and no further action shall be taken in respect of such offence. Revalidation of qualification. Amended by: XV. 2009.49. 53.

(1)A certificate of competency issued under these regulations shall be valid for a period of five years, unless cancelled or suspended in terms of regulation 52 or any other legislative provisions.

(2)Any certificate of competency issued to a Master or crew member shall remain valid only if the holder has served in the capacity allowed by such certificate for at least a total of twelve months within every consecutive five year term commencing from the date of issue of such certificate; if this requirement is not met, the Authority may require the holder to undergo a practical, written or oral test prior being permitted to be employed on a commercial vessel. Miscellaneous Provisions Alteration of commercial vessel. Amended by: XV. 2009.49. 54.

(1)No alteration affecting the tonnage or description of the vessel is permitted without the prior written approval of the Authority.

(2)Before returning the commercial vessel to service after completion of such an approved alteration, the owner shall present the vessel for inspection at such place and time as appointed by the Authority.

(3)On such inspection as prescribed in sub-regulation

(2), the Authority may either approve the continuing validity of the issued COMMERCIAL VESSELS [ S.L.499.23 17 certificate or endorse lesser or greater conditions to the certificate or revoke the licence if the Authority deems that the vessel is no longer fit for its intended purpose. 55. Every commercial vessel shall at all times be maintained in a clean and sanitary condition by the owner or Master. Commercial vessel cleanliness. 56.

(1)The owner or Master of a vessel involved in an incident involving injury or loss of life to persons on board or elsewhere, collision with other vessel or property, causing damage to or loss of other vessel, or damage to the marine environment or other property, shall immediately provide a verbal report of such incident to the Authority and within twenty-four hours of the occurrence of such incident, furnish a written report to the Authority in such detail as it may require. Incidents. Amended by: XV. 2009.49.

(2)In case of such an incident, the Authority may inspect the commercial vessel or may suspend or revoke its certification.

(3)Without prejudice to any other regulation herein: (

1. i)where an incident which has been reported or observed is deemed by the Authority to be a significant accident or dangerous occurrence, the Authority may appoint a person to carry out an inquiry into the circumstances and possible causation of same; (
2. ii)the commercial vessel owner shall assist the person or persons making such inquiry in all aspects relevant to the conducting of the inquiry; (iii) upon conclusion of the inquiry, the person appointed shall submit a report on his findings to the Authority. 57.

(1)The Authority shall appoint any person to examine, investigate or inspect a vessel or the licence or a certificate or any other relevant document.

(2)The Authority may at any time require the owner to present the vessel for an inspection.

(3)A person appointed by the Authority to carry out such functions as established by this regulation shall have the power to: (

1. a)board freely and without previous notice a vessel at any place and at any time of day or night; (
2. b)to request the assistance of a member of the Police force in the execution of his duties; (
3. c)to question any person connected with the execution of these regulations; (
4. d)to inspect any document the keeping of which is prescribed by these regulations; (
5. e)to order any owner, master or crew member to suspend the operation of a vessel.

(4)Whoever shall hinder or obstruct a person appointed by the Authority to inspect a vessel from allowing him to inspect such vessel or refuses to comply with the directions which he may give shall be guilty of an offence. Inspections. Amended by: XV. 2009.

1. 18 [ S.L.499.23 COMMERCIAL VESSELS Licensee to provide information. Amended by: XV. 2009.49; L.N. 117 of
3. The owner shall provide on demand any particulars and information as may be required by the Authority or an enforcement officer, including particulars of the person who was in charge of the vessel on any occasion. Issue of directives. Amended by: XV. 2009.
5. The Authority may issue directives to owners and Masters of commercial vessels for the purpose of avoiding inconvenience, accidents or impediments to safe and free navigation, the safety of passengers, the prevention of pollution to the marine environment and the removal of vessel wastes by an approved contractor through approved disposal routes. Authority’s power to suspend licence or impose penalties. Amended by: L.N. 425 of 2007; XV. 2009.49; L.N. 117 of
6. 60.

(1)Subject to the provisions of these regulations, if any owner or Master of any vessel fails to comply with any of the requirements of these regulations or directives given by the Authority or the terms and conditions of the licence, the Authority shall hand over to such person a notice containing a general description of the offence and may: (

1. a)suspend or revoke the licence or a certificate of such vessel and may require the owner to remove such vessel within such a time and to such a place as he may require and if the owner fails to comply, the Authority may cause removal of such vessel at the risk and expense of the owner; (
2. b)impose a penalty of not more than three thousand (3,000) euro in respect of each offence and which has to be paid to the Authority within such time indicated in the notice, which in no case shall be less than seven days, or provided that where any penalty imposed under this regulation is not paid within the aforementioned period, ordinary proceedings in respect of the offence may be taken in accordance with the provisions of these regulations.

(2)The suspension or revocation of the licence or certificate or the payment of any penalty ordered under this regulation shall for all intents and purposes of law, be deemed to be an admission of the commission of the offence, and no further action shall be taken in respect of such offence. Authority’s prerogative. Amended by: XV. 2009.

2. Notwithstanding anything contained in these regulations, the Authority may exempt or prescribe any other requirements upon any commercial vessel or owner, Master or crew member. Administrative penalties, etc. Added by: L.N. 117 of
3. 62.

(1)The administrative penalties established by these regulations shall be imposed by the Authority without recourse to a court hearing and may be imposed either as a one-time penalty or on a daily cumulative basis until compliance, provided in the latter case the accumulated penalty shall not exceed three thousand (3,000) euro.

(2)The Authority shall not impose administrative penalties on a person for breach of these regulations where criminal proceedings have already been instituted in court against such person with respect to the said breach. COMMERCIAL VESSELS [ S.L.499.23 19

(3)The Authority shall, before imposing an administrative penalty in terms of these regulations, inform the person on whom the penalty is imposed of its intentions to do so by giving him a notice in writing. Every such notice shall state that the person concerned has a right to make representations in writing within not less than fourteen days to the Authority, giving reasons why the administrative penalty should not be imposed; and the Authority shall consider any such representations before arriving at a final decision. The Authority shall notify in writing its final decision to the person concerned.

(4)Where any person contravenes the same provision of these regulations more than once within a period of six consecutive months, the administrative penalty imposed shall be increased by a further five hundred euro

(500).

(5)For the purposes of this regulation, administrative penalties shall not apply where an offence is committed under regulations 38 and 65.

(6)The procedure laid down in sub-regulation

(3)shall also apply in those cases where the Authority refuses to grant or renew a licence, certificate or permit, or suspends or revokes such licence, certificate or permit, or imposes any conditions, limitations or exclusions therein, according to the provisions of these regulations. 63.

(1)Any person aggrieved by any decision of the Authority not to grant or renew a licence, certificate or permit, or to suspend or revoke such licence, certificate or permit, or to impose any conditions, limitations or exclusions therein, or to impose any administrative penalty on such person, may, within twenty days from when such decision is communicated to him, lodge an appeal therefrom before the Tribunal.

(2)The Tribunal may confirm, revoke or alter the decision of or the administrative penalty imposed by the Authority. The administrative penalty, if any, as confirmed or modified by the Tribunal, and, or by the Court of Appeal, where an appeal on a point of law is lodged in terms of the Act, shall be recoverable by the Authority as a civil debt and the decision of the Tribunal or the Court of Appeal, as the case may be, shall constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure.

(3)If upon renewal of a licence, certificate or permit granted in terms of these regulations the person in whose name such licence, certificate or permit is granted owes the Authority a civil debt in terms of sub-regulation

(2), such licence, certificate or permit may not be renewed unless and until such debt is settled in full.

(4)If at the moment that a check on compliance is carried out by the Authority a civil debt in terms of sub-regulation

(2)is due by any person to the Authority, the relative licence, certificate or permit may be suspended without the need of recourse to the Tribunal until such debt is settled in full. Right of appeal before the Tribunal. Added by: L.N. 117 of

1. Cap.
2. 20 [ S.L.499.23 No criminal action when an administrative penalty has been paid or an appeal is pending. Added by: L.N. 117 of
3. COMMERCIAL VESSELS 64.

(1)In the event that the Authority imposes an administrative penalty in accordance with the provisions of these regulations, and the person on whom such penalty is imposed pays such penalty to the Authority within the time indicated in the notice, no criminal proceedings may be instituted against such person in relation to the relative breach.

(2)Where a licence, certificate or permit has been suspended or revoked, or their issue or renewal has been refused, no criminal proceedings may be instituted against such person in relation to the relative breach.

(3)No criminal proceedings for the prosecution of a breach of these regulations shall be instituted while an appeal therefrom is pending in front of the Tribunal. Forgery of licences, etc. Added by: L.N. 117 of 2014. 65.

(1)No person shall deface or mutilate any licence, certificate or permit issued under these regulations, or alter or obliterate any entry made therein.

(2)Any person who, either by writing, drawing or in any other manner, alters, defaces or mutilates any licence, certificate or permit issued under these regulations, or adds or removes anything therein, or uses any licence, certificate or permit which has been altered, defaced, mutilated or added to or removed from as aforesaid, shall be guilty of an offence.

(3)Any person who, with the intent to deceive, forges, alters, uses, produces or sends any document required under the provisions of these regulations, or makes a statement or declaration which he knows to be false, shall be guilty of an offence.

(4)A person who is found guilty of an offence under subregulations

(1),

(2)and

(3)shall be liable, on conviction, to a fine (multa) not exceeding five thousand (5,000) euro, or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment, unless a higher punishment is applicable under any other law, in which case the Court shall apply that other punishment or this punishment increased by one or two degrees, whichever the higher. Offences. Amended by: L.N. 425 of 2007. Re-numbered and amended by: L.N. 117 of 2014. 66.

(1)Any person who fails to comply with any of the r e q u i r e m e n t s p r e s c r i be d i n th e s e r e g u l a t i on s or a n y o f t he conditions subject to or upon which a licence or a certificate is i s s u e d u n de r th e s e r e gu la ti o ns sh a l l, f or a fi r s t o ffe nc e o n conviction be liable to a fine (multa) not exceeding seven thousand (7,000) euro, for each offence, and in the case of a continuing offence or offences, to a further fine not exceeding one thousand and five hundred (1,500) euro for each offence for every day or part thereof.

(2)It shall also be lawful for the court, in the case of any contravention committed by the owner or Master of a vessel to order the sequestration of the vessel, for a time not exceeding three months, at the expense of the owner.

(3)In the case of a second or subsequent conviction for any contravention it shall be lawful for the court to cancel the licence or COMMERCIAL VESSELS [ S.L.499.23 21 certificate, or to suspend the same for any time, in its discretion.

(4)Where any offence against the provisions of these regulations is committed by a body of persons or body corporate, every person who, at the time of the commission of the offence was a director, manager or other similar officer of such body of persons or body corporate, or was purporting to act in any such capacity, shall be guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.

1. The liability and responsibility for the observance of these regulations and any other legislative provisions shall rest solely with the owner and Master of the vessel. The Authority shall not be held liable for any consequences arising from any acts of omission or commission in respect to any of the requirements of these regulations. Liability and responsibility of the Authority. Re-numbered by: L.N. 117 of
3. Proceedings for an offence against these regulations shall be taken before Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature. Proceedings before Court of Magistrates. Re-numbered by: L.N. 117 of
4. Cap.
6. The Authority may establish transitory arrangements for the provision of arrangements in respect of technical matters relating to the requirements of these regulations. Transitory arrangements. Amended by: XV. 2009.
7. Re-numbered by: L.N. 117 of
9. Nothing contained in these regulations shall abrogate or prejudice any of the rights or powers conferred on the Authority. Rights and powers. Re-numbered by: L.N. 117 of
11. The provisions contained in these regulations are in addition to and not in derogation of the provisions of any other regulations in force, or law of Malta. Regulations not in derogation of any other legislative provisions. Re-numbered by: L.N. 117 of
13. The fees payable in respect of commercial vessel operator’s licences and for certification and inspections issued under these regulations shall be as established, from time to time, by the Authority. Fees. Re-numbered by: L.N. 117 of 2014.