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L.S. 499.56 Regolamenti dwar Servizzi ta’ Ġarr ta’ Passiġġieri

PASSENGER TRANSPORT SERVICES [ S.L.499.56 1 SUBSIDIARY LEGISLATION 499.56 PASSENGER TRANSPORT SERVICES REGULATIONS 19th May, 2009; 19th November, 2009 LEGAL NOTICE 149 of 2009, as amended by Legal Notice 319 of 2009; Act XV of 2009; and Legal Notices 75 and 272 of 2010, 194, 251 and 396 of 2011, 426, 432 and 458 of 2012, 92, 190 and 431 of 2013, 92, 116 and 177 of 2014, 358 of 2015, 238, 365 of 2016, 80, 95, and 96 of 2017, 50, 140 of 2019, 216 of 2021, 346 of 2021 and 301 of 2022, 158 and 188 of 2023, 203 of 2024, 24 and 27 of 2025 and 85 of

  1. Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Part IX Part X Part XI Part XII Part XII bis Part XII ter Part XIII Part XIV Part XV Part XVI Regulations 1 Preliminary 2-4 Admission to the Occupation of Road Passenger 5 - 16 Transport Operator Driver’s Permit 17 - 23 The Road Passenger Transport Register 24 - 25 Passenger Transport Vehicles 26 - 38 Motor Route Buses 38A - 38F Passenger Transport Services in Malta 39 - 68 Public Passenger Transport Services 68A - 68N Trackless Train Routes and Special Trackless Train 68O Services Passenger Transport Services by means of Vintage Buses 68P P a s s e n g e r Tr a n s p o r t S e r v i c e s b y m e a n s o f M a l t a 68Q Heritage Buses Passenger Transport Services by means of Electric 68R Trolley Vehicles Passenger Transport Services by means of Public Lifts 68S Scheduled Passenger Maritime Transport Services 68T Sightseeing Transport Routes 69 Working and Driving Times, International Carriage and 70 - 106 Cabotage Transport Operations Offences and Penalties 107 - 114 General and Transitory Provisions 115 - 121 First Schedule Second Schedule SCHEDULES Part 1 - Operator trading as sole trader/partnership Accountant’s Report Part 2 - Operator trading as a limited liability company Accountant’s Report Part 1 - Certificate of professional competence 2 [ S.L.499.56 Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule Ninth Schedule Tenth Schedule Eleventh Schedule Twelfth Schedule Thirteenth Schedule PASSENGER TRANSPORT SERVICES Part 2 - List of subjects referred to in regulation 11 Organisation of the Examination Minimum training necessary for the award of a certificate of professional competence for international drivers in the carriage of passengers Community licence Authorisations for regular and special regular services Application for authorisation for regular services 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 Administrative Penalties Fees School Children Sign Maximum Fares for Public Passenger Transport Services Guidelines on infringements against Regulation (EC) No. 561/2006 PASSENGER TRANSPORT SERVICES [ S.L.499.56
  2. The title of these regulations is the Passenger Transport Services Regulations. 3 Title. PART I PRELIMINARY
  3. For the purpose of these regulations and unless the context otherwise requires: "the Act" means the Authority for Transport in Malta Act; "authorisation" means any permission given by the Authority or the competent authorities in Member States entitling the holder to carry out road passenger transport operations; "auth orised in sp ecti ng offi cer" means a Police officer, a community officer or an officer of the Authority; "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; "the Authority" means the Authority for Transport in Malta as established by the Act; "break" means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation; "bus operator" means an operator authorized to provide public passenger transport services in terms of regulation 68B; "bus stop" means any stopping point situated along a public passenger transport route at which a motor route bus may take passengers on board or allow passengers to disembark; "cabotage transport operations" means the performing of national carriage of passengers by road for hire or reward within Malta by a non-resident carrier who holds a Community authorization; such activity shall not be permanent, frequent, regular or continuous, shall not be carried out systematically, shall be at considerable and infrequent intervals, and the vehicle involved shall leave Malta at least once a month; "carriage by road" means any journey made entirely or in part on roads open to the public by a vehicle, whether laden or not, used for the carriage of passengers; "carriageway" means that part of a roadway on which traffic proceeds in a single direction; "carrier" means any physical or legal person who is authorized Interpretation. Amended by: L.N. 319 of 2009; XV. 2009.49; L.N. 272 of 2010; L.N. 251 of 2011; L.N. 396 of 2011; L.N. 432 of 2012; L.N. 116 of 2014; L.N. 238 of 2016; L.N. 365 of 2016; L.N. 80 of 2017; L.N. 96 of 2017; L.N. 50 of 2019; L.N. 216 of 2021; L.N. 301 of 2022; L.N. 158 of 2023; L.N. 203 of 2024; L.N. 24 of 2025; L.N. 85 of
  4. Cap.
  5. Cap.
  6. S.L. 441.
  7. Cap.
  8. 4 [ S.L.499.56 PASSENGER TRANSPORT SERVICES under the laws of a Member State to engage in the carriage of passengers by road using passenger transport vehicles for hire or reward or on his own account; "coach" means a passenger transport vehicle which has at least thirty passenger seats, in addition to the driver’s seat; "collective agreement" means an agreement entered into between an employer, or one or more organisations of employers, and one or m o r e o rg a n i s a t i o n s o f e m p l o y e e s r e g a r d i n g c o n d i t i o n s o f employment in accordance with the provisions of any law in force in Malta; "Community licence" means a licence issued by the competent authorities of a Member State to a carrier established in that Member State in accordance with Article 3a of Council Regulation (EC) No 11/98 amending Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus; Cap
  9. "company" has the same meaning as is assigned to it in article 2 of the Companies Act; Cap.
  10. "co-operative society" means a co-operative society registered or provisionally registered under the Co-operative Societies Act; "country of establishment" means that country in which the nonresident carrier is established and registered; "daily driving time" means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period; "daily rest period" means the daily period during which a driver may freely dispose of his time and covers a "regular daily rest period" and a "reduced daily rest period" as defined under these regulations; "designated person" means a natural person, designated to the Authority by an operator or an applicant for an operator’s licence, as the person who continuously and effectively manages the road passenger transport operations; "Directive 2002/15/EC" means Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities; ''Directive 2005/55/EC'' means Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles;''; and "Directive 2006/22/EC" means Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards PASSENGER TRANSPORT SERVICES [ S.L.499.56 social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC, as amended by Directive (EU) 2024/ 846; "Directive (EU) 2024/846" means Commission Delegated Directive (EU) 2024/846 of 14 March, 2024 amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities; "driver" means any person who drives a passenger transport vehicle for hire or reward even for a short period, or who is carried in the vehicle as part of his duties in order to be available for driving if necessary; "driver card (with memory)" shall have the same meaning assigned to it by the Motor Vehicles (Weights, Dimensions and Equipment) Regulations; S.L. 65.21 "driver ’s permit" means a permit granted to a driver by the Authority in terms of Part III of these regulations; "driving period" means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken; "driving time" means the duration of driving activity recorded automatically or semi-automatically by the recording equipment as d e f i n e d i n t h e M a l t a Ve h i c l e s ( We i g h t s , D i m e n s i o n s a n d Equipment) Regulations or recorded manually as required by regulation 37 of the said regulations; S.L. 65.21 "electric trolley vehicle" means an electrically propelled vehicle which is used for the carriage of passengers by road which (a) has been issued with a type approval certificate by a competent authority of a Member State or by any other body approved by the Authority authorizing such vehicle for use on the road for the carriage of passengers; (b) for the purposes of these regulations has a maximum speed which does not exceed 25km/hr; and (c) fulfils all the applicable specifications and construction requirements established in the Motor Vehicles (Weights, Dimensions and Equipment) Regulations; "electric trolley vehicle maximum fare" means the maximum fare to be levied for transport services rendered by means of electric trolley vehicles as specified in the Fifteenth Schedule; "electric trolley vehicle stand" means an area specially designated and marked as such by the Authority where electric trolley vehicles can stand for hire; "entry fee" means the fee payable in terms of regulation 117 upon application for a passenger transport vehicle licence; S.L. 65.21 5 6 [ S.L.499.56 PASSENGER TRANSPORT SERVICES "employer" means the person by whom a worker is, or, where the employment has ceased, was employed, and includes a partnership, company, co-operative society, association or other body of persons, whether vested with legal personality or not; "enforcement officer" means an o ff icer app oint ed by the Authority in terms of article 4

(3)of the Act; Cap.
  1. "European Union" has the same meaning as is given to it in the European Union Act and for the purposes of these regulations includes Norway, Iceland and Liechtenstein; "hire or reward" means the carriage of passengers other than on own account, that is to say against payment or compensation by the person transported or by the transport organiser, whether such payment or compensation is made directly or indirectly; "hirer" means the passenger or the transport organiser, as applicable; "international passenger transport services" means the performance of passenger transport services between two or more states. Cap.
  2. "Local Council" means a Local Council established under the Local Government Act; Cap.
  3. "locality" shall have the same meaning assigned to it by the Local Government Act; "Malta heritage bus" means a passenger transport vehicle having its coachwork manufactured in Malta and having been registered in Malta as a passenger transport vehicle prior to 1 January, 1975 and was registered as such for at least five consecutive years at any time prior to the coming into force of these regulations and which: (a) is not licensed as a vintage bus in terms of Part X; and (b) has not, at any point in time, been scrapped or garaged and had its registration plates as a passenger transport vehicle used on another vehicle in replacement thereof; ""maximum fares" means the maximum fares indicated in the Twelfth Schedule payable by a passenger for a public passenger transport service;; "maximum passenger capacity" means the seating and standing passenger capacity of a passenger transport vehicle as established by the manufacturer of that vehicle; "Member State" means a Member State of the European Union; "minibus" means a passenger transport vehicle which has not more than twenty-nine
(29)passenger seats, in addition to the driver’s seat; "mobile worker" means any worker forming part of the travelling staff, including trainees and apprentices, who is in the service of an undertaking which operates transport services for passengers by road for hire or reward or on its own account and includes any driver who is not a self-employed driver; "motor route bus" means a passenger transport vehicle licensed PASSENGER TRANSPORT SERVICES [ S.L.499.56 to operate a public passenger transport service; "motor route bus inspector" means a person engaged by the bus operator and having the powers and duties stipulated in these regulations; " m o t o r r o u t e b u s l i c e nc e " m ea n s a l i ce nc e i ss u ed by t h e Authority, authorizing a passenger transport vehicle to be used as a motor route bus for the purpose of providing a public passenger transport service; "motor vehicle" means any self-propelled vehicle travelling on the road, other than a vehicle permanently running on rails, and normally used for the carriage of passengers the maximum designed speed of which exceeds 45 kilometers per hour; "multi-manning" means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional but for the remainder of the period it is compulsory; "M2 motor vehicle" means a motor vehicle comprising more than eight seats in addition to the driver’s seat, and having a maximum mass not exceeding 5 tonnes; "M3 motor vehicle" means a motor vehicle comprising more than eight seats in addition to the driver ’s seat, and having a mass exceeding 5 tonnes; "nationa l occa sion al s ervice s" m eans na tiona l p asse nger transport services which do not fall within the definition of regular services and, or 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; "national passenger transport services" means the performance of passenger transport services solely within the territory of Malta; "national type approval" shall have the same meaning as assigned to it in Regulation (EU) 2018/858; "new motor vehicle" means, for the purposes of these regulations, a motor vehicle which: (a) has never been registered in any country; (b) has been registered only once
(1)in any other country provided that: (
  1. i)(
  2. ii)it has not been driven with its own motor for more than six thousand kilometres (6,000km); and it shall be effectively registered as a new motor vehicle in Malta within three
(3)months from the effective date of the first registration of the new motor vehicle in the other country; "night time" means a period of four hours between 01.00 and 7 8 [ S.L.499.56 PASSENGER TRANSPORT SERVICES 05.00; "night work" shall mean any work performed during night time; "non-personalised public transport card" means a card, other than the personalised public transport card, which is issued by the bus operator and utilised by a passenger for the public passenger transport services indicated in Table 3 of the Twelfth Schedule; "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 Member 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 Member 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; "open top bus" means an open top, single or double deck passenger transport vehicle; "operating centre" means the administrative offices from which the operator co-ordinates and controls the passenger transport services it supplies and in which all records relating to such services are kept; "operator" means a person, whether natural or legal, who is authorised by the Authority to carry out passenger transport services in terms of these regulations and includes self-employed drivers; "operator ’s licence" means a national operator’s licence or a Community licence issued by the Authority to national undertakings authorizing the holder thereof to carry out passenger transport services; "other work" means all activities as defined in the definition "working time" except driving, including any work for the same or another employer, within or outside the transport sector; PASSENGER TRANSPORT SERVICES [ S.L.499.56 "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: (
  1. a)the transport activity is only ancillary to the overall activities of the undertaking; and (
  2. b)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; "partnership" includes an association, not registered under the Companies Act, between two or more persons; "parking disc" means a cardboard device as defined in the Fourth Schedule of the Controlled Parking Schemes (Residents and Commercial) Regulations; "passenger" means a person travelling in a passenger transport vehicle and who is not the driver or a person making use of a public lift or of scheduled passenger maritime services, as the case may be; "passenger seat" means any seat on a passenger transport vehicle which is not the driver’s seat; "passenger transport services" means the carriage of passengers using passenger transport vehicles for hire or reward; "passenger transport vehicle" means an M2 or M3 motor vehicle which, by virtue of its type of construction and equipment, is suitable for carrying passengers, and is intended for that purpose and, unless otherwise specified, includes a trackless train and an electric trolley vehicle; "passenger transport vehicle licence" means a document issued by the Authority certifying that the passenger transport vehicle is authorised to carry passengers for hire or reward, in terms of these regulations; "periods of availability" means periods other than those relating to break times and rest periods during which the mobile worker is not required to remain at his workstation, but must be available to answer any calls to start or resume driving or to carry out other work, including such periods during which the mobile worker is accompanying a vehicle being transported by ferryboat or by train as well as periods of waiting at frontiers and those due to traffic prohibitions; "personalised public transport card" means a personalised card which is issued by the bus operator and utilised by the passenger in whose name the card is registered for the public passenger transport services indicated in Table 1 of the Twelfth Schedule; "persons performing mobile road transport activities" means any mobile worker or self-employed driver who performs such road transport activities; Cap. 386. S.L. 363.80 9 10 [ S.L.499.56 PASSENGER TRANSPORT SERVICES "ply for hire" means to drive on the road to search for or be available for hire; "priority vehicle lane" means an area of carriageway which may only be used by vehicles licensed to carry passengers for hire or reward by the Authority; "public lift" means a lift which is operated for hire or reward for the transport of passengers from one public place situated at a lower level to another public place situated at a higher level, and vice-versa; "public passenger transport service" means the regular passenger transport services of general economic interest provided in Malta to the public on a non-discriminatory and continuous basis; "public passenger transport route" means a route established by the Authority and, or notified to the Authority by the bus operator, and which forms part of the public passenger transport service; "public transport card" means a personalised transport card and a non-personalised transport card; "public transport ticket" means a ticket issued by the bus operator and utilised by a passenger for the public passenger transport services in Table 2 of the Twelfth Schedule; S.L. 65.18 "public highway" means national, arterial, distributory, access and local access roads as defined in the Motor Vehicles (Driving Licences) Regulations, or comparable roads in other states; S.L. 65.21 "recording equipment" or "tachograph" shall have the same meaning as that assigned to them in the Motor Vehicles (Weights, Dimensions and Equipment) Regulations; "reduced daily rest period" means any period of rest of at least nine hours but less than eleven hours; "reduced weekly rest period" means any period of rest of less than forty-five hours, which may, subject to the conditions laid down in regulation 75, be reduced to a minimum of twenty-four consecutive hours; "regular daily rest period" means any period of rest of at least eleven hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least three hours and the second an uninterrupted period of at least nine hours; "regular passenger services" means national and international services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken on board or disembarking at predetermined stopping points; "regular weekly rest period" means any period of rest of at least forty-five hours; "Regulation (EC) No 561/2006" means Regulation (EC) No 561/ 2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/ 85; PASSENGER TRANSPORT SERVICES [ S.L.499.56 ''Regulation (EC) No 595/2009'' means Regulation (EC) No 595/ 2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/ 1269/EEC, 2005/55/EC and 2005/78/EC; "Regulation (EC) No 1071/2009" means Regulation (EC) No 1071/ 2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC; "Regulation (EU) No 1024/2012" means Regulation (EU) No 1024/ 2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ("the IMI Regulation"); "Regulation (EU) No 165/2014" means Regulation (EU) No 165/ 2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport; "Regulation (EU) 2018/858" means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC; "rest" means any uninterrupted period during which the driver may freely dispose of his time; "road" means any road, street, lane, square, or other place of public thoroughfare; "road passenger transport operation" means the economic activity of offering and carrying out passenger transport services; "road transport activities" shall include driving, assisting passengers boarding and disembarking the vehicle, cleaning and technical maintenance, and all other work intended to ensure the safety of the vehicle, its passengers or to fulfil the legal, or regulatory obligations directly linked to the specific transport operations under way, including dealing with administrative formalities with police, customs and immigration officers; "seat belt" shall have the same meaning assigned to it in the Motor Vehicles (Wearing of Seat Belts) Regulations; "scheduled passenger maritime transport services" means passenger transport services operated for hire or reward for the transport of services by sea, to and from such berthing places as may be established by the Authority from time to time, which are operated according to scheduled times; S.L. 65.12 11 12 [ S.L.499.56 PASSENGER TRANSPORT SERVICES "school children" means all children attending schools providing tuition up to a secondary level of education; "self-drive vehicle" means a passenger transport vehicle which is licensed and/or registered to be hired for the purpose of being driven by the hirer; "self-employed driver" means anyone whose main occupation is to transport passengers by road for hire or reward within the meaning of European Union legislation under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport, who is entitled to work for himself and who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, who is free to organise the relevant working activities, whose income depends directly on the profits made and who has the freedom, individually or through a cooperation between selfemployed drivers, to have commercial relations with several customers; Cap. 409. "sightseeing passenger transport route" means a route established a nd p u bl is he d by th e Au th o ri t y an d w hi c h m a y be u s e d b y operators for the purpose of taking passengers to and from sites and attractions in Malta and having a number of pre-determined pick-up and drop-off points, none of which are within five hundred metres from the main entrance of any building licensed as a hotel in terms of the Malta Travel and Tourism Services Act, and does not include public passenger transport routes; "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: (
  3. a)the carriage of workers between home and work; (
  4. b)carriage to and from an educational institution for school pupils and students; (
  5. c)the carriage of soldiers and their families between their homes and the area of their barracks; "tail-lift van" means a passenger transport vehicle which, before first registration for use on the road was permanently fitted with a mechanical device which is designed to facilitate the boarding of wheelchair-bound passengers; "tracking device" means a device which monitors and transmits, in real time or otherwise, the geographical position and the functioning or operation, including the speed, of a passenger transport vehicle and the registration number of such vehicle; "trackless train" means an articulated vehicle travelling on the road, other than a vehicle permanently running on rails, comprising a self-propelled vehicle with a maximum set speed which does not exceed 25 kilometers per hour and pulling one or more carriages connected by drawbar couplings; "trackless train route" means a route established and published PASSENGER TRANSPORT SERVICES [ S.L.499.56 by the Authority and which may be used by operators authorised to operate trackless trains in terms of regulation 68A; " 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 by article 5 of the Administrative Justice Act; "two way communication system" means any wireless apparatus which is designed or adapted for the purpose of transmitting and receiving spoken messages; "type-approval certificate" shall have the same meaning as assigned to it in Regulation (EU) 2018/858; "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; "vintage bus" means a passenger transport vehicle which has its engine compartment situated in front of its windscreen, and was (
  6. a)manufactured and registered in Malta as a motor route bus prior to the 1st January, 1960, and was registered as such for at least five consecutive years prior to the coming into force of these regulations, or (
  7. b)manufactured prior to the 1st January, 1960 and registered in Malta as a motor vehicle for the carriage of passengers prior to the 1st January, 1992; and was so registered in Malta for at least five consecutive years prior to the coming into force of these regulations. Vehicles under paragraph (
  8. b)may only carry not more than 30 passengers; "week" means the period between the hours of 00:00 on Monday and 24.00 on the following Sunday; "weekly driving time" means the total accumulated driving time during a week; "weekly rest period" means the weekly period during which a driver may freely dispose of his time and covers a "regular weekly rest period" and a "reduced weekly rest period" as defined under these regulations; "working time" means: (
  9. a)in the case of a mobile worker, the time from the beginning to the end of work, during which the mobile worker is at his workstation, at the disposal of the employer and exercising his functions or activities, being (
  10. i)the time devoted to road transport activities; and Cap. 490. 13 14 [ S.L.499.56 PASSENGER TRANSPORT SERVICES (
  11. ii)the times during which the mobile worker cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or any other agreement entered into between the employer and mobile workers employed by him in compliance with national legislation; (
  12. b)in the case of a self-employed driver, the time from the beginning to the end of work, during which the selfemployed driver is at his workstation, at the disposal of the client and exercising his functions or activities, being (
  13. i)the time devoted to road transport activities; and (
  14. ii)the times during which the self-employed driver cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under agreements between the social partners: Provided that general administrative work that is not directly linked to the specific transport operation underway shall not be deemed to be working time; and "workstation" means (
  15. a)the location of the main place of business of the undertaking for which the person performing mobile road transport activities carries out duties, together with its various subsidiary places of business, regardless of whether they are located in the same place as its head office or main place of business, (
  16. b)the passenger transport vehicle which the person performing mobile road transport activities uses when he carries out duties, or (
  17. c)any other place in which activities connected with transportation are carried out. Present regulations to prevail. Amended by: L.N. 319 of 2009. 3.
(1)When considering an application for - (
  1. a)an operator’s licence, (
  2. b)a driver’s permit, or (
  3. c)a passenger transport vehicle licence, the Authority shall promote an open market policy and will not PASSENGER TRANSPORT SERVICES [ S.L.499.56 15 restrict the issue of such licences and permits on the basis that there are too many current licences and, or permits or for any other reason not stipulated in these regulations.
(2)If anything contained in these regulations is inconsistent or in conflict with any regulations issued under the Traffic Regulation Ordinance and, or the Act the present regulations shall prevail, and to the extent of these inconsistencies or conflicts such other regulations shall be deemed to be null and void.
  1. Any information given to the Authority in pursuance of these regulations shall be covered by the Professional Secrecy Act, provided that the Authority may communicate information to other competent authorities in Member States of the European Union for the purpose of compliance with its obligations under Council Directive 96/26/EC on admission to the occupation of road haulage operato r and road passenger transpo rt o perator and m utual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national transport services and international transport operations and Council Regulation (EC) No 11/98 amending Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus. Cap.
  2. Professional Secrecy Act. Cap.
  3. PART II ADMISSION TO THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR 5.
(1)No person shall carry out passenger transport services for hire or reward unless duly authorised under these regulations.
(2)The Authority shall issue an operator’s licence to any undertaking that proposes to carry out passenger transport services a n d s a t i s f i e s t h e co n d i t i o n s o f t h e s e r e g u l a t i o n s a n d o t h e r requirements which the Authority may establish.
(3)An operator’s licence shall be issued in the name of a natural person authorised to represent the undertaking and shall not be transferable.
(4)Once issued, an operator’s licence shall remain valid unless and until it is revoked, suspended or surrendered, provided that the operator submits, within three
(3)months preceding the fifth anniversary from the issue of the said licence, and every five
(5)years thereafter, a declaration of compliance with the requirements of regulation 6 supported by updated documentation stipulated in regulation 7
(1)(c) and (h), the applicable fee stipulated in Part 1 of the Tenth Schedule, a police conduct certificate and a signed declaration by virtue of which he confirms that he still satisfies the condition of good conduct and repute and that since the issuance of the last certificate referred to in regulation 7
(1)(a) he has not been found guilty of any criminal offence in violation of the provisions of regulation 9.
(5)The Authority shall issue (
  1. a)a national operator’s licence to any undertaking with an operating centre in Malta which, in the course of its road passenger transport operations, intends carrying Operator’s licence. Amended by: L.N. 194 of 2011; L.N. 345 of 2021. 16 [ S.L.499.56 PASSENGER TRANSPORT SERVICES passengers only in Malta: (
  2. b)a Community licence to any undertaking with an operating centre in Malta which, in the course of its road passenger transport operations, intends carrying passengers outside Malta but within the European Union; Provided that a Community licence shall cover passenger transport services within the European Union including Malta.
(6)Sub-regulation
(1)shall not apply to cabotage transport operations within the territory of Malta. Requirements for an operator’s licence. 6.
(1)An applicant for an operator’s licence shall, before being granted the licence, satisfy the Authority that he (
  1. a)is of good repute and conduct, (
  2. b)is of appropriate financial standing, and (
  3. c)satisfies the condition as to professional competence.
(2)Where the applicant is a natural person and cannot satisfy the requ irement in sub-regulation
(1)(c), but sat isfies subregulation
(1)(a) and (b), the Authority may nevertheless issue an operator’s licence provided that he designates to the Authority a designated person who satisfies sub-regulation
(1)(a) and (c).
(3)Every applicant for an operator’s licence not being a natural person must indicate a designated person.
(4)Cap. 386. (a) Where the applicant for an operator’s licence is a limited liability company, the requirements of subregulation
(1)(a) must be satisfied by all the directors of the company as well as the designated person, the requirements in sub-regulation
(1)(b) must be satisfied by the company and the requirements of sub-regulation
(1)(
  1. c)must be satisfied by the designated person. (
  2. b)Where the applicant for an operator’s licence is a partnership en commandite or a partnership en nom collectif as defined in the Companies Act, the requirements of sub-regulation
(1)(a) must be satisfied by all the partners and the designated person, the requirements in sub-regulation
(1)(b) must be satisfied by the partnership and the requirements of subregulation
(1)(
  1. c)must be satisfied by the designated person. (
  2. c)Where the applicant for an operator’s licence is a legal person other than those identified in paragraphs (
  3. a)and (b), the requirements of sub-regulation
(1)(a) must be satisfied by all persons having the legal and, or judicial representation of such legal person and the designated person, the requirements in sub-regulation
(1)(b) must be satisfied by the legal person itself and the requirements of sub-regulation
(1)(c) must be satisfied by the designated person. PASSENGER TRANSPORT SERVICES [ S.L.499.56 17
(5)Where a designated person, ceases to continuously and effectively manage the road passenger transport operation, the operator shall within twenty-one days from that occurrence notify the Authority in writing and the Authority shall allow a period not exceeding three months within which the operator shall designate another designated person, who shall comply with the provisions of sub-regulation
(1)(a) and (c).
(6)Where, a person, other than the designated person, who is required to fulfill the requirement stipulated in sub-regulation
(1)(a), ceases to occupy his post within a road passenger transport operation, the operator shall within twenty-one days from such occurrence notify the Authority in writing. Any new appointments to such posts shall be likewise notified to the Authority and shall be subject to its approval, which approval shall not be granted unless the persons so appointed fulfill the requirements of these regulations. 7.
(1)An application for the grant of an operator’s licence shall be made to the Authority and shall be in the form and contain s uc h pa r t ic ul a r s a s t he A ut ho r it y m a y r e q ui r e a nd s ha l l b e submitted together with: (a) a certificate issued by the Police detailing any criminal offences and, or contraventions for which the applicant and, or the persons mentioned in regulation 6
(2)and
(4)may have been sentenced together with the punishment thereof: Provided that where the applicant and/or the persons mentioned in regulation 6
(2)and
(4)are not normally resident in Malta an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority of the country of origin or the country from which such persons come shall suffice: Provided further that where the country of origin or the country from where such persons come does not issue such document, the said document may be replaced by a declaration on oath or by a solemn declaration made by the person concerned in front of a competent judicial or administrative authority or, where appropriate, a notary in that person’s country of origin or the country from where such persons come. Such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration; (
  1. b)a certificate of competence granted to the designated person in terms of regulation 11; (
  2. c)a declaration signed by an auditor or accountant in the form set out in the First Schedule; (
  3. d)particulars of the number and class or description of any passenger transport motor vehicle available for use in the relevant road passenger transport business or proposed such business. The said vehicles shall be Application for an operator’s licence. Amended by: L.N. 251 of 2011; L.N. 396 of 2011. 18 [ S.L.499.56 PASSENGER TRANSPORT SERVICES registered with the Authority; (
  4. e)where the passenger transport vehicles to be covered by the operator’s licence are not registered in the name of the applicant, a signed declaration from the registered owner in favour of the operation of the said vehicles under that particular operator’s licence; (
  5. f)a declaration giving the details of its operating centre; (
  6. g)particulars of mobile workers, if any, employed or to be employed by the operator; (
  7. h)particulars of the financial resources available as regards any such relevant business.
(2)The documents prescribed in sub-regulation
(1)(a), (
  1. c)and (
  2. e)shall not be accepted if produced more than three months after date of issue.
(3)The Authority may require any particulars given by an applicant in relation to an application mentioned in sub-regulation
(1)to be contained in a statutory declaration or in a sworn affidavit in such manner as the Authority shall specify.
(4)An application for the grant of an operator’s licence shall be accompanied by the fee stipulated Part 1, Item (ii) of the Tenth Schedule. Decision on the granting of a licence. Amended by: L.N. 319 of 2009. 8.
(1)An application for the issue of an operator’s licence shall be processed and decided upon by the Authority.
(2)In the case that the operator’s licence is granted, the Authority shall provide the operator with a certified true copy of the operator’s licence for every passenger transport vehicle covered by such licence. Such true copy shall be kept at all times in the said passenger transport vehicle and shall be produced by the driver on demand by an authorized inspecting officer.
(3)The decision of the Authority shall be sent by registered post to the applicant at the address specified in the application.
(4)Where the Authority intends to refuse an application, it shall give the applicant concerned notice in writing setting out the reasons for its intention to do so. Every notice of refusal shall state that the applicant has a right to make representations in writing, within ten days, to the Authority giving reasons why the application should not be refused and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the applicant concerned.
(5)When an application is refused by the Authority, the applicant may appeal to the Tribunal against such decision within a period of thirty days from its notification. PASSENGER TRANSPORT SERVICES [ S.L.499.56 9.
(1)A person shall not be deemed to satisfy the condition of good repute and conduct: (
  1. a)if he has been found guilty of committing any crime contemplated in - (
  2. i)Title I of Part II of Book First of the Criminal Code or articles 198, 199, 203, 203A, 204, 204A, 204B, 204C, 205, 211, 212, 217 (in the event that a fire-arm was used for the commission of the offence), 220, 238(a), 248B, 248C, 248D of the Criminal Code; (
  3. ii)articles 2, 3, 5, 7, 8, 9 and 10 of the White Slave Traffic (Suppression) Ordinance; (iii) articles 40A, 40B, 120A and 120B of the Medical and Kindred Professions Ordinance. (
  4. iv)articles 4, 5, 6(a), 7, 8(b), 8(c), 8(e), 11, 13
(2), 14
(3), 15, 15A, 16, 17, 18, 22
(1)(b), (c), (d), (e), (f), 22(1C), 22(1D)(a), 22(1E) and 22(3BA)
(5)of the Dangerous Drugs Ordinance; and (
  1. v)articles 37, 38, 44, 50 and 61 of the Malta Armed Forces Act; (
  2. b)for such period during which he is serving a sentence of imprisonment of at least one month; (
  3. c)for such period immediately following time spent serving a sentence of imprisonment for a term or terms of at least one month imposed on such person for a crime or crimes connected with violence committed on a person, which period shall be: (
  4. i)of three months for sentences of imprisonment for a term of at least six months and not more than two years; (
  5. ii)equal to one-fourth of the term of imprisonment for which such person was sentenced for sentences for terms of imprisonment of more than two years: Provided further that where the applicant was less than eighteen years of age at the time of the commission of the offence the period referred to in paragraph (c), shall not be longer than two years. (
  6. d)if he has been found guilty of committing any corresponding offence under any law of a country or territory outside Malta:
(2)For the purposes of determining whether a person is of good repute and conduct in terms of sub-regulation
(1), the term "sentence" shall not include: 19 Good repute. Amended by: L.N. 319 of 2009. Substituted by: L.N. 458 of 2012; Amended by: L.N. 190 of 2013. L.N. 95 of 2017; L.N. 140 of 2019; L.N. 346 of 2021; L.N. 27 of 2025. Cap. 9. Cap. 9. Cap. 63. Cap. 31. Cap. 101. Cap. 220. 20 [ S.L.499.56 Cap. 446. Cap. 152. PASSENGER TRANSPORT SERVICES (
  1. a)a probation order issued in terms of article 7 of the Probation Act or article 5 of the Probation of Offenders Act and which has been complied with by the probationer or an absolute or conditional discharge issued under article 22 of the Probation Act or article 9 of the Probation of Offenders Act which has been complied with; or (
  2. b)a sentence for the commission of an offence for which the offender has been pardoned by the President of Malta in terms of article 93
(1)of the Constitution of Malta; provided that this paragraph shall only apply from the date on which the President of Malta has granted such pardon; or (
  1. c)a sentence which is at the moment of application under appeal; (
  2. d)with the exception of the offences referred to in subparagraphs (
  3. i)and (
  4. ii)of paragraph (
  5. a)of subregulation
(1), a sentence for the commission of an offence which: (
  1. i)(
  2. ii)was committed before the 19th May 2009; and was committed by a person who had a valid driver’s tag issued to him by the Authority before the 19th May 2009. (
  3. e)sentence for the commission of an offence of possession for exclusive personal use mentioned in sub-paragraphs (iii) and (
  4. iv)of sub-regulation
(1)(a), which sentence was delivered at least three years before the date of new application or renewal of tag, where the applicant has rehabilitated oneself by means of a rehabilitation program and applicant shall have no other sentence in these three years.
(3)An operator shall inform the Authority in writing of any conviction against him for any offence contemplated in sub-regulation
(1)(a) or against any of the persons mentioned in regulation 6
(4), as applicable, within twenty-one days from that conviction or, when an appeal is entered, within twenty days from when such appeal is decided.
(4)A person who contravenes sub-regulation
(3)shall be guilty of an offence. Appropriate financial standing. 10. Appropriate financial standing of the undertaking for the purpose of regulation 6 shall consist in having available sufficient resources to ensure proper launching and proper administration thereafter of the road passenger transport operation.
(2)For the purposes of assessing financial standing, the Authority shall have regard to: (
  1. a)annual accounts of the applicant, if any; (
  2. b)funds available, including cash at bank, overdraft and loan facilities; (
  3. c)any assets, including property, which are available to PASSENGER TRANSPORT SERVICES [ S.L.499.56 provide full or partial security for the road passenger transport operation; (
  4. d)costs, including purchase cost or initial payment for vehicles, premises, plant and equipment, and working capital.
(3)An applicant for, or a holder of an authorization 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: (
  1. a)nine thousand euro (€9,000) for the first or only passenger transport vehicle which is to be authorised under the licence; and (
  2. b)five thousand euro (€5,000) for each additional passenger transport vehicle which is to be authorised.
(4)The Authority may accept as evidence of financial standing confirmation or assurance given by a bank or other suitably qualified financial institution. 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. 11.
(1)The conditions relating to professional competence shall be satisfied if the designated person demonstrates that he possesses the requisite skills by passing a written and/or oral examination based on the subjects listed in Part 2 of the Second Schedule, corresponding to the level of training for either the national or international operations as the case may be, organised by the Authority or a body designated for the purpose by the Authority and is the holder of a certificate to that effect issued by the Authority or a body designated for the purpose by the Authority. Such certificate, in the format indicated in Part 1 of the Second Schedule shall serve as proof of professional competence: Provided that the level of training for a national operator’s licence in terms of regulation 5
(5)shall not cover subjects relating to international transport. In such a case, the certificate of professional competence shall state that the holder is qualified to perform the effective and continuous management of national road transport operations:
(2)The Authority may exempt from examination, or part thereof, applicants who can provide proof of at least five years’ practical experience in the management of a road passenger transport operation, provided such applicants successfully sit a multiple-choice test based on the subjects listed in Part 2 of the Second Schedule, organised by the Authority or a body designated for the purpose by the Authority.
(3)The Authority may exempt from examination, or part thereof, holders of advanced diplomas or technical diplomas equivalent, which provide proof of a sound knowledge of the subjects covered in the relevant national and international syllabi and holders of a certificate of professional competence issued by other Member States. Professional competence. 21 22 [ S.L.499.56 PASSENGER TRANSPORT SERVICES Operating centre.
  1. An operator shall maintain up to date and comprehensive records relating to all aspects of the passenger transport operation, including, but not limited to, records of all bookings, the statutory documents and books of accounts and employment agreements at the operating centre. Variation of number of vehicles on operator’s licence.
  2. The number of passenger transport vehicles authorised on the operator’s licence may be varied at anytime upon a request in writing to the Authority, and once the Authority is satisfied that the operator still satisfies the requirement of financial standing, it shall vary the operator’s licence accordingly. Checks on compliance. Amended by: L.N. 319 of 2009; L.N. 458 of 2012; L.N. 95 of
  3. 14.
(1)Without prejudice to regulation 5
(4), the Authority shall have the power to carry out random checks, whenever it deems necessary, in order to verify that an operator continues to fulfil the requirements of regulation 6
(1)provided that the Authority shall carry out such compliance checks at least once every five years. For this purpose, the Authority may require the operator or any official or employee of the same to attend before it, or before a person appointed by it, at such time and place as it may s p e c i f y, t o a n s w e r q u e s t i o n s a n d p r o v i d e i n f o r m a t i o n a n d documentation with respect to the road transport operation of the o p e r a t o r. T h e A u t h o r i t y m a y t a k e a n d k e e p c o p i e s o f a n y documents furnished or provided under this regulation. A statement made and documentation provided in pursuance of this regulation may be used in evidence against the operator as well as against any person to whom they relate. Such persons shall comply fortwith, and in no case later than twenty four hours, with any request or order made by the Authority in terms of this regulation.
(2)An operator’s licence may be suspended or withdrawn on any of the following grounds: (a) where the holder has supplied incorrect information to the Authority in relation to the issue of a licence or under regulation 5
(4); or (b) 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.
(3)An operator’s licence shall be revoked where the holder no longer satisfies the conditions laid down in regulation 6
(1): Provided further that where the operator is not considered to be of good repute and conduct solely because any of the persons listed in regulation 6
(4)do not comply with the provisions of regulation 6
(1), the operator’s licence shall be suspended until the operator substitutes such person with another person who fulfils the requirements of these regulations: Provided further that where the operator fails to fulfil the above mentioned requirement within a period of three months from the date of the sentence or sentences in terms of which the person is not considered to be compliant with the requirements of regulation 6
(1), the licence shall be withdrawn ipso jure.
(4)A suspension or revocation in terms of this regulation shall be PASSENGER TRANSPORT SERVICES [ S.L.499.56 23 effected by the Authority of its own motion or by order of a court of criminal jurisdiction: Provided that where the Authority intends to suspend or revoke an operator’s licence of its own motion, it shall give the operator concerned notice in writing setting out the reasons for its intention to do so. Every notice given shall state that the operator concerned may, within ten days from service thereof, make representations in writing to the Authority giving reasons why the operator ’s licence should not be suspended or revoked and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the operator concerned. The operator concerned shall have the right to appeal to the Tribunal against the decision of the Authority to suspend or revoke the operator’s licence within thirty days from notification of the Authority’s decision: Provided further that the suspension of the licence shall have immediate effect notwithstanding any appeal therefrom, unless otherwise ordered by the Tribunal or by a court of criminal jurisdiction: Provided further that a decision of the Authority to revoke a n o p e r a t o r ’s l i c e n ce s h a l l n o t b e c o m e o p e r a t i v e u n t i l t h e expiration of the period within which an appeal may be made under this regulation and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned.
(5)Where any offences against the rules governing road passenger transport have been committed by an operator who is not normally resident in Malta, an d such offence might lead to withdrawal of the operator’s licence, the Authority shall provide the Member State in which the operator is established with all the information in its possession concerning those offences and the penalties imposed.
(6)Where the requirement of financial standing is not fulfilled at the time of checking, the Authority may, where the operator’s other economic circumstances give grounds for assuming that the requirements of financial standing will again be sustainably fulfilled within the foreseeable future on the basis of a financial plan, give further notice of not more than three months. 15.
(1)Any enforcement officer of the Authority, upon the direction of the Authority, may enter the operating centre of the operator for the purpose of obtaining information or documents w h i c h i n d i c a t e w h e t h e r t h e o p e r a t o r i s co m p l y i n g w i t h i t s obligations in terms of these regulations.
(2)No enforcement officer of the Authority may enter an operating centre after 7 o’clock in the evening and before 7 o’clock on the next following morning, unless there is reason to believe that delay could cause the loss of necessary information and the search is expressly authorized by the Authority to take place between the said times. Entry and search of operating centre. 24 [ S.L.499.56 PASSENGER TRANSPORT SERVICES
(3)For the purposes of any action taken under this regulation, the Authority may request the assistance of the Commissioner of Police, who may for such purpose exercise such powers as are vested in him for the prevention of offences and the enforcement of law and order.
(4)The Authority may take any documents found in the operating centre or copies thereof. Any documentation obtained by the Authority in pursuance of this regulation may be used in evidence against the operator as well as against any person to whom they relate. Death or physical or legal incapacity. 16. In the event of the death or physical or legal incapacity of the natural person in whose name the operator’s licence is granted in terms of regulation 5
(3), or of the designated person, the Authority may permit the carrying on the passenger transport operation on a temporary basis for a maximum period of nine months. PART III DRIVER’S PERMIT Driver’s permit. 17. No person shall act as a driver unless in possession of a valid driver’s permit issued in accordance with these regulations: Provided that drivers who are not normally resident in Malta may perform cabotage transport operations in Malta in terms of Part VIII of these regulations without the requirement of a driver’s permit. Conditions for obtaining a driver’s permit. S.L. 65.18 S.L. 65.18 18. An applicant for a driver’s permit shall, before being granted the authorisation, satisfy the Authority that he (
  1. a)is duly licensed in accordance with the Motor Vehicles (Driving Licences) Regulations; and (
  2. b)is in possession of a certificate of professional competence in terms of the Motor Vehicles (Driving Licences) Regulations unless exempted from such requirement in terms of the same Motor Vehicles (Driving Licences) Regulations; and (
  3. c)is of good repute and conduct Good repute and conduct. Amended by: L.N. 319 of 2009; Amended by: L.N. 95 of 2017. Substituted by: L.N. 458 of 2012. 19.
(1)Regulation 9
(1)and
(2)shall apply for the purpose of determining whether an applicant for a driver permit is of good repute and conduct.
(2)A driver shall inform the Authority in writing of any conviction against him for any offence contemplated in regulation 9
(1)(a) within twenty-one days from that conviction or, when an appeal is entered, within twenty days from when such appeal is decided.
(3)A person who contravenes sub-regulation
(2)shall be guilty of an offence. Application for a driver’s permit. 20. An application for the grant or renewal of a driver’s permit shall be submitted to the Authority in the form stipulated by the PASSENGER TRANSPORT SERVICES [ S.L.499.56 25 same and shall contain such particulars as the Authority may require and shall be submitted together with: (
  1. a)a certificate issued by the Police detailing any criminal offences and, or contraventions mentioned in regulation 19 for which the applicant may have been sentenced together with the punishment thereof; and (
  2. b)the relevant application fee fixed by the Authority in terms of Part 2 of the Tenth Schedule. 21.
(1)An application for a driver’s permit shall be processed and decided upon by the Authority.
(2)The decision of the Authority shall be sent by registered post to the applicant at the address specified in the application. Processing of application for a driver’s permit. Amended by: L.N. 319 of 2009.
(3)Where the Authority intends to refuse an application, it shall give the applicant concerned notice in writing setting out the reasons for its intention to do so. Every notice of refusal shall state that the applicant has a right to make representations in writing, within ten days, to the Authority giving reasons why the application should not be refused and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the applicant concerned.
(4)When an application is refused by the Authority, the applicant may appeal to the Tribunal against such decision within thirty days from its notification. 22.
(1)The Authority shall, upon granting a driver’s permit in accordance with these regulations, issue to the successful applicant, a driver ’s tag evidencing that such person has been granted a driver’s permit.
(2)A driver’s permit and the driver’s tag shall be valid for a period of five years from the date on which the driver’s permit is granted or any other shorter period, specified thereon by the A u t h o r i t y, u n l e s s r e v o k e d o r s u s p e n d e d , a n d s h a l l n o t b e transferable: Provided that within three months preceding the date of expiry of the said driver’s permit and driver’s tag, and thereafter, the holder thereof shall be obliged to submit an application for renewal with the Authority in such manner and against such payment as may be prescribed by the Authority together with: (a) a police conduct certificate; and (b) a signed declaration by virtue of which he confirms that he still satisfies the condition of good conduct and repute and that since the issuance of the last certificate referred to in regulation 20(a) he has not been found guilty of any criminal offence in violation of the provisions of regulation 9 and 19.
(3)Every driver shall, while driving a passenger transport vehicle, fix the driver’s tag in the appropriate slot provided for the purpose in the certificate referred to in regulation
  1. Every driver Validity and evidence of permit. Amended by: L.N. 346 of
  2. 26 [ S.L.499.56 PASSENGER TRANSPORT SERVICES shall while on duty but not driving a passenger transport vehicle, wear in a conspicuous place on the left side of his chest in a manner that it may easily be seen, the driver ’s tag. Every driver shall, produce the driver ’s tag whenever requested to do so by the authorised inspecting officer.
(4)A driver who loses his tag shall immediately, and without delay, inform the Authority of such fact, and if the Authority is satisfied that such tag was lost, the Authority shall issue a replacement tag on the payment of a fee as prescribed in Part 3 of the Tenth Schedule.
(5)In the event that the driver’s tag becomes discoloured, disfigured or is torn, the driver shall immediately return such tag to the Authority and the Authority shall issue a replacement tag free of charge: Provided that the holder of the driver’s tag shall be bound to make payment to the Authority of the fee prescribed in the Tenth Schedule for the fourth and any subsequent replacement of a driver’s tag made within the tag’s validity period.
(6)A driver shall return the tag immediately to the Authority upon the revocation or the suspension of his driver’s permit or upon the expiration of the same, and the Authority shall give due receipt for the tag so returned. Suspension or revocation of permit. Amended by: L.N. 319 of 2009; L.N. 458 of 2012. 23.
(1)The Authority may at any time require a driver to submit evidence that he continues to fulfil the requirements of regulation 18 and the driver shall produce any information and documents requested by the Authority within the time frame stipulated by the Authority which shall in no case be less than three working days.
(2)A driver’s permit may be suspended or revoked on the following grounds: (
  1. a)where the holder has supplied incorrect information to the Authority; or (
  2. b)where the holder has breached any of the conditions of the driver’s permit; (
  3. c)where the holder has committed serious infringements of these regulations.
(3)A driver’s permit shall be revoked where the holder no longer satisfies the conditions laid down in regulation 18: Provided that where the person is not considered of good repute and conduct solely because he has been sentenced to a term of imprisonment of more than one month but less than one year for committing a crime or crimes other than one which is connected with violence committed on a person, the driver’s permit shall not be revoked but shall be suspended for the period indicated in regulation 9
(1)(b), (d)(
  1. i)and (
  2. f)as the case may be.
(4)A suspension or revocation in terms of this regulation shall be effected by the Authority on its own motion or by order of a court of criminal jurisdiction: PASSENGER TRANSPORT SERVICES [ S.L.499.56 27 Provided that where the Authority intends to suspend or revoke a driver’s permit of its own motion, it shall give the driver concerned notice in writing setting out the reasons for its intention to do so. Every notice given shall state that the driver concerned may, within ten days from service thereof, make representations in writing to the Authority giving reasons why the driver’s permit should not be suspended or revoked and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the driver concerned. The driver concerned shall have the right to appeal to the Tribunal against the decision of the Authority to suspend or revoke the driver ’s permit within thirty days from notification of the Authority’s decision: Provided further that the suspension of the licence shall have immediate effect notwithstanding any appeal therefrom, unless otherwise ordered by the Tribunal or by a court of criminal jurisdiction: Provided further that, a decision of the Authority to revoke a driver’s permit shall not become operative until the expiration of the period within which an appeal m ay be made u nder this regulation and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned. PART IV THE ROAD PASSENGER TRANSPORT REGISTER 24.
(1)The Authority shall set up and maintain a register to be known as the Road Passenger Transport Register, which shall be divided into Part I, Part II, Part III and Part IV.
(2)In Part I of the register there shall be registered the name and address of any person to whom a certificate of competence has been granted together with other particulars which the Authority may consider relevant.
(3)In Part II of the register there shall be registered the name and address of the person to whom an operator’s licence is granted, together with other particulars which the Authority may consider relevant.
(4)In Part III of the register there shall be registered the name and address of every person to whom a driver’s permit has been issued, together with other particulars which the Authority may consider relevant, including: (
  1. a)an indication of whether a driver is a self-employed driver or otherwise, and (
  2. b)the name of the operator, if applicable, in whose operations he is engaged.
(5)Part IV of the Register shall be divided into Section 1 and Section
  1. In Section 1 thereof there shall be registered the passenger transport vehicles licensed to operate, other than those which are licensed to operate as motor route buses, and the relative Road passenger transport register. Amended by: L.N. 251 of
  2. 28 [ S.L.499.56 PASSENGER TRANSPORT SERVICES operator’s licence under which they can be operated. In Section 2 thereof there shall be registered the passenger transport vehicles licensed to operate as motor route buses.
(6)The Authority shall permit the register to be inspected by any person. Employment of drivers.
  1. No operator shall employ as a driver any person who is not registered in Part III of the Road Passenger Transport Register. PART V PASSENGER TRANSPORT VEHICLES Applicability.
  2. This part shall apply to all passenger transport vehicles, provided that it shall not apply to motor route buses, and to cabotage transport operations. Only licensed passenger transport vehicles to be used as passenger transport vehicles. Amended by: L.N. 319 of
  3. 27.
(1)Only passenger transport vehicles licensed to carry passengers for hire or reward by the Authority, and included in the Road Passenger Transport Register may be used to carry out passenger transport services, provided that passenger transport vehicles licensed to carry passengers for hire or reward by the Authority shall be automatically deemed included in the Road Passenger Transport Register.
(2)Each passenger transport vehicle licensed to carry passengers for hire or reward by the Authority and included in the Road Passenger Transport Register shall be issued with a passenger transport vehicle licence certifying that the public passenger transport vehicle is authorised to carry passengers for hire or reward and is included in the Road Passenger Transport Register. Such passenger transport vehicle licence shall be issued by the Authority, subject to the payment of the fee stipulated in Part 4 of the Tenth Schedule, and shall indicate the operator licence under which the passenger transport vehicle is registered in the Road Passenger Transport Register, together with the vehicle registration number. The passenger transport vehicle licence shall be affixed by th e o perator on the left han d si de of th e w indscreen of the passenger transport vehicle in such a position as to be visible from the front.
(3)A passenger transport vehicle registered in the Road Passenger Transport Register shall only be used in the road transport operation of the operator under whose licence it is registered unless otherwise authorised by the Authority: Provided that the use of such a passenger transport vehicle for the purpose of taking an urgent action which may be necessary in order to prevent or mitigate the harm or injury caused by an emergency situation which poses an immediate risk to the health or life of a person or persons shall not be considered a breach of this provision.
(4)A passenger transport vehicle shall only be driven by a driver who is employed by or has a contract of service with the operator under whose licence it is registered or by the operator himself where he is also a driver unless otherwise authorised by the Authority. PASSENGER TRANSPORT SERVICES [ S.L.499.56 29
(5)The decision of the Authority with respect to an application for a passenger transport vehicle licence shall be sent by registered post to the applicant at the address specified in the application.
(6)Where the Authority intends to refuse an application, it shall give the applicant concerned notice in writing setting out the reasons for its intention to do so. Every notice of refusal shall state that the operator has a right to make representations in writing, within ten days, to the Authority giving reasons why the application should not be refused and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the applicant concerned.
(7)When an application is refused by the Authority, the applicant may appeal to the Tribunal against such decision within thirty days from its notification. 28.
(1)No passenger transport vehicle licence may be issued with respect to a motor vehicle unless: (
  1. a)it is registered and licensed in terms of the Registration and Licensing of Motor Vehicles Regulations; (
  2. b)it complies with Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; (
  3. c)it complies with the relevant requirements of the EC Type-Approval of Motor Vehicles and their Trailers Regulations; (
  4. d)it fulfils all the specifications and constructional requirements laid down in the Motor Vehicles (Weights, Dimensions and Equipment) Regulations; (
  5. e)it is a right-hand-drive passenger transport vehicle with passenger doors on the left hand side; (
  6. f)it has a fully functioning air conditioning system; (
  7. g)it’s external bodywork colour is not identical or similar to the colour assigned by the Authority to motor route buses: Provided further that paragraphs (
  8. b)and (
  9. c)shall not apply to Malta heritage buses. (
  10. i)which were imported into Malta or ordered for importation into Malta prior to the 19th May, 2009; and (
  11. ii)which are registered for use on the road in Malta before the 15th November, 2010, but only if the Authority is notified of the importation of such passenger transport vehicles into Malta by not later than the 15th November, 2009 and proof of compliance with paragraph (
  12. i)is Specifications of passenger transport vehicles. Amended by: L.N. 319 of 2009; L.N. 272 of 2010; L.N. 432 of 2012; L.N. 92 of 2013; L.N. 431 of 2013; L.N. 177 of 2014; L.N. 238 of 2016; L.N. 158 of 2023; L.N. 203 of 2024. S.L. 368.02 S.L. 427.23 S.L. 65.21 30 [ S.L.499.56 PASSENGER TRANSPORT SERVICES submitted to the Authority together with such notification: Provided further that paragraphs (b), (
  13. c)and (
  14. f)shall not apply to Malta heritage buses.
(2)A passenger transport vehicle which is not new may be issued with a passenger transport vehicle license only if it: (a) complies with sub-regulation
(1)with the exception of paragraph (
  1. b)and (
  2. c)thereof; (
  3. b)has emissions levels that are classified as Euro VI according to Regulation (EC) No 595/2009 and not more than ten
(10)years shall have passed from the year in which it would have been manufactured; (
  1. c)is already registered for use on the road for hire or reward in any other country and has been issued a type-approval certificate or has been granted national type-approval by a competent authority of a Member State, or by any body approved by the Authority, and furthermore no modification was effected thereto after the issue of the said certificate or approval; (
  2. d)has passed a vehicle roadworthiness test, within the previous three months, in accordance with the Motor Vehicles Roadworthiness Test Regulations: S.L. 65.15 Provided, except in such cases which are specified in regulation 116
(4), that no tail-lift van may be issued with a passenger transport vehicle licence in terms of these regulations unless it is a new motor vehicle: Provided further that an open top bus brought into Malta prior to the 19th May, 2009 and in respect of which an application had been made prior to that date for the registration thereof with the Authority may, notwithstanding the provisions of paragraph (b), be registered not later than the 31st July 2014 on condition that the applicant (or where the person applying for such registration is not the same person who had submitted the original application, the present applicant as well as the original applicant) signs a written declaration in virtue of which he irrevocably renounces to any right of action against the Authority and declares that he has no claim or contention against the Authority or against the Government of Malta or against any officials thereof relating to the loss of use of the said open top bus prior to the date of registration and in which he will further declare that he holds the Authority, the Government of Malta and its officials harmless and fully indemnified against any such claims which may be made by third parties: Provided further that, with regard to Malta heritage buses, paragraphs (b) and (c) of sub-regulation
(1)and paragraphs (
  1. b)and (
  2. c)of this sub-regulation shall not apply: Provided further that the new motor vehicle that has been registered in any other country and satisfies the requirements of these regulations, shall not be considered as a passenger transport vehicle which is not new in accordance with this sub-regulation.
(3)Vintage buses may be licensed to be used exclusively on PASSENGER TRANSPORT SERVICES [ S.L.499.56 31 sightseeing passenger transport routes in terms of Part XI and, or for special vintage bus services in terms of Part X even though they do not comply with the requirements of sub-regulation
(1)(
  1. d)and (
  2. f)and sub-regulation
(2)(b).
(4)Passenger transport vehicles included in the declaration given under regulation 7
(1)(d), which were licensed for the carriage of passengers for hire or reward in Malta before the entry into force of these regulations shall be automatically issued with a passenger transport vehicle licence under these regulations without the need for the submission of an application or the payment of an application fee or entry fee.
(5)This regulation shall not apply to trackless trains and electric trolley vehicles. 28A. A new motor vehicle that has been registered in another country as a new motor vehicle prior to its registration in Malta, shall be considered as a passenger transport vehicle which is not new in accordance with regulation 28, if the operator or a person authorised by the operator that is the holder of said registration, transfer the ownership of the vehicle to third persons prior to the lapse of three
(3)years from the date of the registration of the vehicle in Malta. Condition for the transfer of a passenger transport vehicle. Added by: L.N. 203 of
  2. A passenger transport vehicle which is an open top bus may be issued with a passenger transport vehicle licence only if: Open top buses. (a) it complies with the requirements of regulation 28 with the exception of sub-regulation
(1)(
  1. f)of the said regulation 28; (
  2. b)it has clear caution notices written at least in English, Maltese, German, Spanish, Italian and French, regarding the compulsory wearing of seatbelts and lap belts and prohibition of passengers standing when the open top bus is in operation, particularly on upper deck, in a place which is clearly visible to passengers; (
  3. c)it has front protection or a windshield that provides frontal passenger protection, and which must be not less than 125cm in height on the open deck; (
  4. d)it has lateral passenger protection which must not be less than 100cm in height on the open deck; (
  5. e)in the case of double deck buses, it has a CCTV or mirror system that driver’s can use to view the upper deck; (
  6. f)in the case of double deck buses, it has an audible warning system for the purpose of communicating information to the persons on the upper deck; (
  7. g)all its seats are equipped with inertia reel three-point seat belts or retractable lap belts; (
  8. h)it has a label affixed in the entrance area near driver’s side indicating the maximum seating capacity on each deck. 32 [ S.L.499.56 Trackless trains. Added by: L.N. 272 of 2010. Cap. 368. PASSENGER TRANSPORT SERVICES 29A.
(1)No trackless train shall be issued with a passenger transport vehicle licence unless (
  1. a)it is registered and licensed in terms of the Motor Vehicles Registration and Licensing Act and any regulations made thereunder; (
  2. b)it has been issued with a certificate by a competent authority of a Member State, or by a body approved by the Authority, authorising such vehicle to be used on the road as a trackless train, and no modification was effected to the trackless train after the issue of the said certificate; (
  3. c)it complies, as a minimum, with the emission limits which in terms of Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles, became applicable as from the year 2005; S.L. 65.21 (
  4. d)it fulfils all the relevant specifications and constructional requirements laid down in the Motor Vehicles (Weights, Dimensions and Equipment) Regulations; (
  5. e)it has been issued with a certificate by a certified mechanical engineer, certifying that the trackless train has passed a vehicle roadworthiness test which includes tests on safety of brakes, lights, steering mechanism, the condition of the tyres and exhaust emissions, and is suitable to be driven on the road and safe to carry passengers, which certificate must not have been issued earlier than three months before the submission of an application for a passenger transport vehicle licence in terms of these regulations; (
  6. f)it has a speed limiting device which does not permit the trackless train to be driven at a speed which exceeds 25 km per hour; (
  7. g)it can be accessed, for boarding and alighting, by passengers from the left hand side; (
  8. h)it is designed to allow and facilitate access to persons with disability and, or restricted mobility.
(2)When submitting an application for a passenger transport vehicle licence with respect to a trackless train, the operator shall, in addition to the other requirements under these regulations, submit to the Authority the following information: (
  1. a)the maximum number of carriages with which the trackless train shall be operated and the maximum passenger capacity of each carriage; PASSENGER TRANSPORT SERVICES [ S.L.499.56 33 (
  2. b)the maximum dimensions of the trackless train if it is operated with the maximum number of carriages with which it is to be registered; (
  3. c)the width of the body of the prime mover and of the carriages; (
  4. d)the articulating angle, in degrees, or the turning circle, in metres, for the trackless train when it has the maximum number of carriages with which it is to be licensed; (
  5. e)the trackless train route on which the operator intends to operate the trackless train, if any.
(3)Trackless trains which were licensed for the carriage of passengers for hire or reward in Malta before the entry into force of these regulations shall be automatically issued with a passenger transport vehicle licence under these regulations without the need f o r t h e s u b m i s s i o n o f a n ap p l i c a t i o n o r t h e p a y m e n t o f a n application fee.
  1. The Authority shall not issue a passenger transport vehicle licence unless the application for that licence is accompanied by a declaration made by the applicant stating that the particular vehicle complies with the requirements stipulated in these regulations. Granting of passenger transport vehicle licence. Amended by: L.N. 272 of
  2. 31.
(1)A passenger transport vehicle licence shall be valid for up to five years and can be transferred to any other person provided that if such person is an operator and intends to use the vehicle for his business, the operator shall be obliged to notify the authority of such transfer within seven days thereof and the authority shall thereupon amend the register accordingly. Passenger transport vehicle licence renewal. Amended by: L.N. 319 of 2009; L.N. 432 of 2012; L.N. 358 of 2015; L.N. 238 of 2016.
(2)A passenger transport vehicle licence shall not be renewed beyond thirty-five years from the date of manufacture of the vehicle, provided that this sub-regulation shall not apply in the case of vintage buses and Malta heritage buses the licence of which shall be renewed as long as the particular vintage bus or Malta Heritage bus is considered by the Authority to be road worthy and safe to carry passengers: Provided that, notwithstanding the provisions of this subregulation, the licence of such passenger transport vehicles which reach the age of thirty-five years (to be reckoned from the year of manufacture) on or after the 1st January, 2015 (unless such licence has already been withdrawn) shall be extended up to the 31st October, 2015. 32. Passenger transport vehicles included in the Road Passenger Transport Register shall have affixed to the back left side-door window a self adhesive sticker of transparent material issued by the Authority, which indicates the following information: (
  1. a)vehicle registration number; (
  2. b)registered owner; (
  3. c)operator’s licence number; (
  4. d)passenger capacity; Sticker indicating information about passenger transport vehicles. Amended by: L.N. 272 of 2010. 34 [ S.L.499.56 PASSENGER TRANSPORT SERVICES (
  5. e)an official contact telephone number to be used in cases of emergency: Provided that in the case of trackless trains the selfadhesive sticker shall, instead of being affixed to the back left sidedoor window be affixed in a place where it is clearly visible. Registration mark and plate. S.L. 65.28 33. Passenger transport vehicles included in the Road Passenger Transport Register shall be allotted by the Authority an alphanumeric registration mark in the form prescribed by the Registration and Licensing of Motor Vehicles Regulations, which identifies it as such. Identification of driver within the passenger transport vehicle. 34. Every driver shall while on duty, affix to the back of the driver’s seat or such place as may be determined by the Authority, the identification certificate issued by the Authority to enable the hirer to identify the driver and operator and provide him with such other information as the Authority may prescribe. Advertisements. Amended by: L.N. 238 of 2016. 35.
(1)A passenger transport vehicle included in the Road Passenger Transport Register can bear advertisements in the form of printed film stuck on its exterior.
(2)Where any advertisement, lettering or other printed matter is displayed in contravention of any law and, or any regulation issued thereunder, or an order of the Authority, the Authority may suspend the licence of such passenger transport vehicle unless and until the matter is regularised.
(3)Without prejudice to the above provisions, nothing shall be permitted to obstruct or otherwise interfere with the view of the driver or substantially hinder the view of passengers.
(4)The Authority may, at its complete discretion, order the removal of any advertisement.
(5)No advertisements may be displayed on Malta heritage buses. Safety of passenger transport vehicle. Amended by: L.N. 319 of 2009; L.N. 272 of 2010; L.N. 238 of 2016. 36.
(1)Every passenger transport vehicle included in the Road Passenger Transport Register shall be fit and safe in every respect for the conveyance of passengers.
(2)The operator of a trackless train licensed to operate as passenger transport vehicle under these regulations shall, every twelve months, subject such a vehicle to a vehicle road worthiness test to be carried out by a certified mechanical engineer and certifying that the trackless train has passed a vehicle roadworthiness test which includes tests on safety of breaks, lights, steering mechanism, the condition of the tyres and exhaust emissions, and that it is suitable to be driven on the road and safe to c a r ry pas s e n ger s . T h e c e r ti f ic a t e s ha l l b e sub m i tt e d t o t he Authority at least ten days prior to the renewal of the vehicle’s circulation licence. The certificate should not have been issued earlier than three months prior to its submission to the Authority.
(3)The provisions of sub-regulation
(2)shall also apply to electric trolley vehicles.
(4)If a passenger transport vehicle which is included in the PASSENGER TRANSPORT SERVICES [ S.L.499.56 35 Road Passenger Transport Register is found by the Authority to be in a state which is not fit and safe for the conveyance of passengers, or if in the case of a trackless train a certificate of roadworthiness is not submitted to the Authority in terms of sub-regulation
(2), its passenger transport vehicle licence shall be suspended until such state is remedied to the satisfaction of the Authority. 37.
(1)A passenger transport vehicle which has been granted a passenger transport vehicle licence shall not be altered in any form, without prior approval given in writing by the Authority.
(2)A passenger transport vehicle which has been granted a passenger transport vehicle licence in terms of these regulations, with the exception of trackless trains and electric trolley vehicles, shall continuously comply with the relevant provisions of regulations 28 and 29: Alteration of vehicle. Amended by: L.N. 319 of 2009; L.N. 272 of 2010; L.N. 238 of 2016. Provided that trackless trains shall be required to continuously comply with the applicable provisions of regulation 29A: Provided further that electric trolley vehicles shall be required to continuously comply with the applicable provisions of regulation 68R.
(3)A passenger transport vehicle may be removed from the Road Passenger Transport Register, and its passenger transport vehicle licence withdrawn if sub-regulation
(1)or
(2)is breached in relation to the said vehicle.
(4)Such removal from the Road Passenger Transport Register and withdrawal of the passenger transport vehicle licence shall be effected by the Authority of its own motion or by order of a court of criminal jurisdiction: Provided that where the Authority withdraws the licence of its own motion, it shall give the operator concerned notice in writing setting out the reasons for its intention to do so. Every notice given shall state that the operator concerned may, within ten days from service thereof, make representations in writing to the Authority giving reasons why the licence should not be withdrawn and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the operator concerned. The operator concerned shall have the right to appeal to the Tribunal against the decision of the Authority to suspend or revoke the passenger transport vehicle licence within thirty days from notification of the Authority’s decision: Provided further that, a decision of the Authority to withdraw a passenger transport vehicle licence shall not become operative until the expiration of the period within which an appeal may be made under this regulation and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned. 38. The Authority shall have the right to conduct roadside Inspections. 36 [ S.L.499.56 PASSENGER TRANSPORT SERVICES inspections on passenger transport vehicles included in the Road Passenger Transport Register and, or to call such vehicles for such inspections, in which case the operator shall comply without delay with such requests. PART VI Added by: L.N. 251 of 2011. Only motor route buses may be used to carry out public passenger transport services. Added by: L.N. 251 of 2011. MOTOR ROUTE BUSES 38A.
(1)Only passenger transport vehicles licensed as motor route buses may be used to carry out public passenger transport services.
(2)A motor route bus licence shall only be issued in the name of an operator.
(3)The motor route bus licence shall be issued by the Authority subject to the payment of a fee stipulated in Part 5 of the Tenth Schedule and such licence shall show the vehicle registration mark and the bus operator ’s licence number under which such licence is issued.
(4)A licensed motor route bus shall only be used to perform public passenger transport services, unless otherwise authorized in writing by the Authority.
(5)The decision of the Authority in respect of an application for a motor route bus licence shall be sent by registered post to the operator at the address specified in the application.
(6)Where the Authority intends to refuse an application, it shall give the operator notice in writing setting out the reasons for its intention to do so. Every notice of refusal shall state that the operator has a right to make representations in writing, within ten days, to the Authority giving reasons why the application should not be refused and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the operator.
(7)Where an application is refused by the Authority, the operator may appeal to the Tribunal against such decision within a period of thirty days from its notification. Motor route bus licence. Added by: L.N. 251 of 2011. 38B.
(1)The Authority shall not issue a motor route bus licence unless the application for the said licence is accompanied by a declaration by the bus operator stating that the particular vehicle complies w ith the requi re m e nt s sti pu lat e d i n thes e regulations and any other requirements agreed between the bus operator and the Authority.
(2)A motor route bus licence shall only remain valid for a period not exceeding fifteen years from the date of manufacture of that motor route bus and upon the expiry of the licence, that bus cannot be used again as a motor route bus.
(3)Registration mark. Added by: L.N. 251 of 2011. S.L. 368.02 The motor route bus licence shall not be transferable. 38C. A motor route bus shall be allotted by the Authority an alphanumeric registration mark in the form prescribed by the Registration and Licensing of Motor Vehicles Regulations, which identifies it as such. PASSENGER TRANSPORT SERVICES [ S.L.499.56 38D.
(1)Every motor route bus shall be fit and safe in every respect for the conveyance of passengers.
(2)Where a motor route bus is not found to be fit or safe for the conveyance of passengers, its licence shall be suspended until its state is remedied to the satisfaction of the Authority. 38E.
(1)No person shall make, or allow or cause a motor route bus to have any structural or mechanical alterations in any form, without prior approval in writing from the Authority. 37 Safety of passengers. Added by: L.N. 251 of 2011. Alterations to motor route bus. Added by: L.N. 251 of 2011.
(2)A motor route bus licence may be revoked if the motor route bus no longer complies with the provisions of this Part of these regulations or if it no longer complies with any other requirements agreed between the bus operator and the Authority.
(3)Such revocation shall be effected by the Authority on its own motion or by order of a court of criminal jurisdiction: Provided that where the Authority revokes the licence on its own motion, it shall give the operator notice in writing setting out the reasons for its intention to do so. Every notice given shall state that the operator may, within ten days from service thereof, make representations in writing to the Authority giving reasons why the licence should not be withdrawn and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the operator. The operator shall have the right to appeal to the Tribunal against the decision of the Authority to suspend or revoke the motor route bus licence within a period of thirty days from notification of the Authority’s decision: Provided further that a decision of the Authority to revoke a motor route bus licence shall not become operative until the expiration of the period within which an appeal may be made under this regulation and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned. 38F. The Authority may conduct roadside inspections on motor route buses and, or may call such vehicles for such inspections, in which case the operator shall comply without delay with such requests. Road inspections. Added by: L.N. 251 of 2011. PART VII Re-numbered by: L.N. 251 of 2011. PASSENGER TRANSPORT SERVICES IN MALTA 39. This part shall apply to all passenger transport services carried out in Malta, provided that it shall not apply to public passenger transport services and motor route buses. Exclusion for public passenger transport services and motor route buses. 40.
(1)No person may hire a passenger transport vehicle except from an operator. Hire of passenger transport vehicle.
(2)The hirer shall not refuse or omit to pay any sum which is payable for the performance of the passenger transport service acquired by him, provided that the operator has fulfilled his 38 [ S.L.499.56 PASSENGER TRANSPORT SERVICES obligations under the hire. Accessibility for visually and hearing impaired.
  1. Drivers and operators shall not prohibit passengers to board on a p assenger t ransport ve hicle accompanied by an assistance dog which shall include guide dogs, and hearing dogs. Standing and plying for hire prohibited. Amended by: L.N. 272 of 2010; L.N. 116 of 2014; L.N. 365 of
  2. 42.
(1)hire: No passenger transport vehicle shall stand or ply for Provided that trackless trains and electric trolley vehicles shall be allowed to stand for hire at a departure point approved by the Authority.
(2)Passenger transport services, other than services on sightseeing passenger transport routes, electric trolley vehicle services and trackless train services, may only be sold from authorised booths, from authorised commercial premises, from the operator’s offices or operating centre, online, by telephone or by mail.
(3)No person shall (
  1. a)sell, or (
  2. b)cause or permit another person to sell passenger transport services, other than services on sightseeing passenger transport routes, electric trolley vehicle services and trackless train services, in breach of the provision of sub-regulation
(2).
(4)No person shall solicit, whether directly or indirectly, any other person in any location for any passenger transport service. Use of aircondition. Amended by: L.N. 238 of 2016; L.N. 95 of
  2. When the passenger transport vehicle is on hire, the air conditioner shall be set at ambient temperature, unless otherwise specifically agreed with the hirer: Storage of objects. 44.
(1)Objects which may cause inconvenience and/or may pose a potential danger to passengers, shall only be carried on passenger transport vehicles in special compartments which are specifically designed for the purpose of storing bulky objects.
(2)The driver shall ensure that the luggage compartment of the passenger transport vehicle he is driving is not overloaded and that such compartment is kept completely closed and securely locked while the passenger transport vehicle is being driven.
(3)The driver shall ensure that no object is placed in such area of the passenger transport vehicle as to block the emergency exit of said vehicle or otherwise impede the use of such emergency exit. Lost property. 45. The driver shall, immediately after the termination of any hiring, search the passenger transport vehicle and, if any property which may have been left therein is found, give information thereof to the Police in no case later than within twenty-four hours from finding such property. Driver apparel. 46.
(1)The driver shall, while on duty, wear clean appropriate clothing. PASSENGER TRANSPORT SERVICES [ S.L.499.56 39
(2)The authorised inspecting officers shall have the power to order a driver to stop working if in their opinion, the driver is not properly dressed.
  1. No driver shall carry in the passenger transport vehicle a greater number of persons than that fixed in the vehicle registration certificate. Prohibition of overloading.
  2. A driver shall at all times conduct the passenger transport vehicle under the power of its own motor and shall in no circumstances resort to free-wheeling along any stretch of road either in the forward or in the reverse direction, beyond a distance of six metres. Control of passenger transport vehicle.
  3. A driver shall drive the passenger transport vehicle in a prudent manner so as not to create anxiety in passengers or make the passengers feel, in any way, unsafe. Prudent driving.
  4. A passenger transport vehicle may use the inner lane of a carriageway indicated as a priority vehicle lane when on duty. Use of priority vehicle lane.
  5. No driver shall drive any passenger transport vehicle whilst wearing or using on both ears earphones or headphones or any other device which may hinder or is likely to hinder that person f r o m h e a r i n g p r o p e r l y, w i t h t h e e x c e p t i o n o f t w o - w a y communication systems and hands-free devices. Use of apparatus while driving a passenger transport vehicle. 52.
(1)A driver shall not hold lengthy discussions while driving a passenger transport vehicle. Speaking while driving.
(2)No person shall in any way interfere with, obstruct or in any other way molest the driver in the exercise of his duties nor speak to the driver while the passenger transport vehicle is in motion.
  1. A driver shall not play any audio device while carrying passengers on a passenger transport vehicle, unless this has been agreed to with the hirer or transport organizer: Provided that drivers of vehicles providing a passenger transport service on sightseeing passenger transport routes, electric trolley vehicle services and trackless trains may play an audio commentary about the sites being visited by such vehicles. No disturbances while driving. Amended by: L.N. 272 of 2010; L.N. 365 of
  3. A driver shall in no way be disrespectful towards passengers. Respect for passengers.
  4. No person shall be allowed to stand or sit on the step of the passenger transport vehicle while in motion. Standing or sitting on the step is prohibited.
  5. Every operator and driver shall keep the passenger transport vehicle constantly clean and maintained in good order and in a good state of repair. Clean passenger transport vehicle. 57.
(1)No operator shall permit petrol or other inflammable liquid or material to be carried in a passenger transport vehicle except in the fuel tank of the passenger transport vehicle. Inflammable liquids and loaded firearms.
(2)No operator shall permit any loaded fire-arms to be carried on the passenger transport vehicle. 40 [ S.L.499.56 PASSENGER TRANSPORT SERVICES
(3)No driver shall permit petrol or other inflammable liquid or material to be carried in a passenger transport vehicle except in the fuel tank of the passenger transport vehicle.
(4)No driver shall permit any loaded fire-arms to be carried on the passenger transport vehicle. Articles having an offensive smell.
  1. No person shall or shall be allowed to carry in any passenger transport vehicle any article having an offensive smell. Replenishing fuel while passengers are on board is prohibited.
  2. It is forbidden to replenish the fuel supply of any passenger transport vehicle when passengers are on board. Smoking. 60.
(1)No passenger and, or driver may smoke while he is in a passenger transport vehicle.
(2)Every passenger transport vehicle shall have affixed, in a place which is clearly visible to the passengers, a notice stipulating that smoking is not allowed within the passenger transport vehicle. Other equipment. Amended by: L.N. 272 of 2010. 61. Every passenger transport vehicle shall contain: (
  1. a)suitable appliances as prescribed by the Authority for extinguishing fires; (
  2. b)security/warning triangle; (
  3. c)security hammer; (
  4. d)first aid kit: Provided that the above shall be cleaned and serviced regularly and shall be readily available for use, clearly marked, and in good and efficient working order: Provided further that paragraph (
  5. c)shall not apply to trackless trains. Garaging. Substituted by: L.N. 319 of 2009. Amended by: L.N. 272 of 2010; L.N. 365 of 2016. 62. An operator shall ensure that any passenger transport vehicle used in his operations in terms of his operator’s licence shall at all times while not in use, be: (
  6. a)garaged; or (
  7. b)parked off-street: Provided that the Authority may, when granting a temporary permit to an operator for the provision of a special trackless train service in terms of regulation 68A
(6), exempt the trackless train with respect of which such temporary permit is granted from the provisions of this regulation for the period in which that special service shall be provided, and may, when doing so, impose any conditions as to the garaging and parking of the trackless train as the Authority may consider appropriate. Log. 63. The operator shall keep a log of the following information: (
  1. a)the date and the time of departure and arrival of each passenger transport vehicle hired from the operating centre; (
  2. b)the name, driver’s permit number of the driver where PASSENGER TRANSPORT SERVICES [ S.L.499.56 41 the passenger transport vehicle is hired out with a driver; (
  3. c)the name of the person who will be driving the vehicle where the passenger transport vehicle is hired out without a driver; (
  4. d)the name of the hirer and/or transport organizer. 64.
(1)Without prejudice to the Motor Vehicles (Wearing of Seat Belts) Regulations, no passenger transport vehicle that is not fitted with seat belts on all seats shall be used for the carriage of school children to or from a school or to or from any other institution or location where extracurricular or sports activities are held. School children. Amended by: L.N. 238 of 2016; L.N. 96 of 2017. S.L. 65.12.
(2)Every passenger transport vehicle shall, while carrying schoolchildren have affixed on the front and on the rear of the vehicle the sign indicated in the Eleventh Schedule.
(3)A driver of a passenger transport vehicle carrying schoolchildren shall ensure that schoolchildren exit the vehicle from an exit which is not exposed to traffic.
(4)A driver of a passenger transport vehicle transporting schoolchildren shall operate the vehicle’s hazard warning lights during all boarding and alighting of schoolchildren.
(5)No Malta heritage bus may be used to carry school children.
  1. No driver shall allow any standing passengers on the passenger transport vehicle while the vehicle is in motion. Prohibition of carrying standing passengers.
  2. A driver shall not allow passengers to board or alight from the passenger transport vehicle unless that vehicle is at a complete standstill. Boarding and alighting.
  3. No driver shall, while a passenger transport vehicle is carrying passengers, exceed the speed limit of 40 km per hour when driving in a town or village and 60 km per hour when driving outside a town or village: Maximum speed limit while carrying passengers. Amended by: L.N. 272 of 2010; L.N. 365 of
  4. Provided that trackless trains and electric trolley vehicles shall at no time exceed the speed limit of 25 km per hour.
  5. Drivers shall ensure that all doors are securely closed whilst the passenger transport vehicle is in motion. PART VIII Closed doors whilst in motion. Added by: L.N. 251 of
  6. PUBLIC PASSENGER TRANSPORT SERVICES 68A. The Authority may from time to time, for the better organisation of public passenger transport services, do all or any of the following: (a) establish public passenger transport routes for the conveyance of passengers from one part of Malta to another; (b) group together two or more public passenger transport routes or all the public passenger transport routes; Establishment of routes. Added by: L.N. 251 of
  7. 42 [ S.L.499.56 PASSENGER TRANSPORT SERVICES (c) determine which type of motor route buses shall operate on any such public passenger transport routes; (d) vary, cancel or revoke any such public passenger transport routes or any grouping of public passenger transport routes or any allotment of service thereon, and may, when so doing, impose any conditions on the bus operator as it may direct. Provision of public passenger transport services. Added by: L.N. 251 of
  8. Cap.
  9. 68B.
(1)Only an operator who has been awarded a contract for the operation of public passenger transport services by the Authority in terms of the Act and in terms of Regulation (EC) 1370/2007 of the European Parliament and of the Council of 23 October 2007 on Public Passenger Transport Services by Rail and by Road may, during the period in which such contract is in force, provide public passenger transport services: Provided that the Authority may, in the case of a disruption of public passenger transport services or the immediate risk of such a situation or in the case where the President of Malta issues a proclamation in terms of the Emergency Powers Act authorize third parties to provide public passenger transport services: Provided further that the provision of regular passenger services on sightseeing passenger transport routes shall not be considered as public passenger transport services for the purpose of these regulations.
(2)In the event of a stoppage or of a suspension for any cause whatsoever of any service on any established public passenger transport route or in any other part of Malta usually served with motor route buses which may affect, or be likely to affect the reasonable requirements of the inhabitants of Malta for transport, the Authority may seize and take possession of and use, any vehicle and for such purpose may authorize any Police officer to enter any garage, stable or other premises.
(3)The owner of any such vehicle shall receive such compensation in respect of the use thereof as the Authority may, previously or subsequently, fix.
(4)An appeal shall lie to the Court of Appeal (Inferior Jurisdiction) from any decision taken by the Authority under subregulations
(1)and
(2). Such appeal shall be entered by an application within four days from the date on which the decision is given. The application shall be served to the Authority which shall file an answer thereto within four days. The pleadings on any such appeal shall be deemed to be closed with the reply of the Authority, or at the expiration of the time for such reply. The fees payable for the filing of judicial acts shall be thirty-four euro and ninety-four cents (€34.94).
(5)Any person who shall obstruct or hinder any Police officer from taking possession of any vehicle, or shall in any way interfere with or incite others to interfere with the use of any vehicle requisitioned under the provisions of this regulation, shall be guilty of an offence.
(6)If any person shall, by reason of any requisition in terms of PASSENGER TRANSPORT SERVICES [ S.L.499.56 43 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 fulfillment is thereby rendered impossible. 68C. No motor route bus shall be used to provide any service other than public passenger transport services. Motor route buses may only be used to provide public passenger transport services. Added by: L.N. 251 of 2011. 68D. Regulations 48 to 54, 57, 59, 60, 61, 66, 67 and 68 shall apply to motor route buses as if the reference to a passenger transport vehicle were a reference to a motor route bus and the reference to passenger transport services were a reference to public passenger transport services. Applicability of regulations to motor route buses. Added by: L.N. 251 of 2011. 68E.
(1)The driver of a motor route bus shall, while on duty, wear a uniform of the pattern and colour as approved by the Authority. The driver ’s uniform shall be worn in a smart and professional manner and must be kept neat, clean, pressed and in good condition at all times. Duties of drivers of motor route buses. Added by: L.N. 251 of 2011.
(2)A driver shall not drive or cause the motor route bus to move before all passengers are safely seated or, in the case of standing passengers, are securely holding on to a stanchion, where applicable, or in the case of passengers who are in the process of alighting or disembarking the motor route bus, before such passengers have so alighted or disembarked the motor route bus.
(3)A driver shall not in any way be disrespectful to passengers.
(4)The driver shall be held responsible for ensuring that the maxim um p assen ger capaci ty of the mo tor r oute bus is not exceeded: Provided that authorized inspecting officers and motor route bus inspectors may, while on duty and wearing their uniform, travel in excess of the number of passengers allotted to a motor route bus for the purpose of carrying out their duties.
(5)When a motor route bus is at the terminus or at any stage loading or discharging passengers, the driver shall be in his place behind the steering wheel. A driver shall not descend from the motor route bus while the motor route bus is on service unless an emergency or breakdown of the motor route bus warrants a departure from this obligation or unless the driver is required to operate a ramp for wheelchair users.
(6)Any driver of a motor route bus who refuses to give his name and address to any authorized inspecting officer, or who gives a wrong name or address, or who refuses to allow any authorized inspecting officer to enter any motor route bus shall be guilty of an offence. 44 [ S.L.499.56 Stopping places for motor route buses. Added by: L.N. 251 of 2011. PASSENGER TRANSPORT SERVICES 68F.
(1)Motor route buses, running on a public passenger transport route, may stop only at the authorised stopping place indicated by a BUS STOP sign, and then only for the purpose of setting down or picking up passengers: Provided that members of the Armed Forces of Malta, police officers or community officers and any officer of the Authority may, in the execution of their duty, stop and board any motor route bus at any point between one bus stop and another.
(2)The driver of a motor route bus shall stop at any bus stop sign, whenever a waiting passenger signals his intention of boarding the motor route bus, unless the maximum passenger capacity of the motor route bus has been reached.
(3)It shall likewise be the duty of the driver of a motor route bus to stop his vehicle at the first authorised stopping place immediately a passenger in the vehicle has signalled to him to do so by sounding the bell or other device provided in the motor route bus for such purpose.
(4)Every driver of a motor route bus shall, before stopping at an authorised stopping place, drive such motor route bus parallel and close to the kerb, in such a manner that any passenger may alight from such motor route bus directly onto the kerb, or board such motor route bus directly from the kerb. Payment of fare. Added by: L.N. 251 of 2011. Amended by: L.N. 92 of 2014. Substituted by: L.N. 80 of 2017. 68G. route bus:
(1)No passenger shall travel on a motor (
  1. a)without having paid the applicable fare prior to boarding the motor route bus or without paying the applicable fare upon boarding the motor route bus; (
  2. b)if they are not in possession of a valid personalised public transport card issued in their name, or a valid non-personalised public transport card, or a valid public transport ticket; (
  3. c)if they do not have sufficient credit, or a sufficient cash balance, or sufficient journeys available in their public transport card to use the public passenger transport services; (
  4. d)if they have not validated the personalised public transport card, the non-personalised public transport card, or the public transport ticket upon boarding the motor route bus.
(2)Any passenger on a motor route bus who is found in breach of sub-regulation
(1)shall, on the demand of the driver or the motor route bus inspector or an authorised officer of the Authority, pay the fare together with a penalty of fifty euro (€50). The driver or the motor route bus inspector shall, upon receiving payment from the passenger, provide a PASSENGER TRANSPORT SERVICES [ S.L.499.56 45 receipt to the passenger. The authorised officer of the Authority shall have the power to take all such necessary measures in order to demand and obtain the payment of the fare and, or penalty fare from any passenger who is in breach of sub-regulation
(1). Any passenger who is in b

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.