DEPLOYMENT AND USE OF INTELLIGENT TRANSPORT SYSTEMS [ S.L.499.61 1 SUBSIDIARY LEGISLATION 499.61 DEPLOYMENT AND USE OF INTELLIGENT TRANSPORT SYSTEMS REGULATIONS 27th February, 2012* LEGAL NOTICE 86 of
- The title of these regulations is the Deployment and Use of Intelligent Transport Systems Regulations. Citation.
- These regulations transpose the provisions of Directive 2010/40/EU of the European Parliament and of the Council on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport. Objective.
- In these regulations, unless the context otherwise requires: "the Authority" means the Authority for Transport in Malta as established by article 5 of the Authority for Transport in Malta Act; Interpretation. Cap.
- "the Directive" means Directive 2010/40/EU of the European Parliament and of the Council on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport; "Intelligent Transport System" or "ITS" means a system in which information and communication technologies are applied in the field of road transport, including infrastructure, vehicles and users, and in traffic management and mobility management, as well as for interfaces with other modes of transport; "ITS application" means an operational instrument for the application of Intelligent Transport Systems; "ITS service" means the provision of an ITS application through a well-defined organisational and operational framework with the aim of contributing to user safety, efficiency, comfort and, or to facilitate or support transport and travel operations; "person" includes corporations, companies, associations, firms, partnerships, societies, entities, and individuals; "priority actions" means the priority actions listed in Article 3 of the Directive; "priority areas” means the priority areas listed in Article 2 of the Directive.
- These regulations shall apply to ITS applications and ITS services in the field of road transport and to their interfaces with other modes of transport without prejudice to matters concerning national security or necessary in the interest of defence. Application of regulations.
- Intelligent Transport Systems deployed or used as part of priority action within priority areas shall conform to the Requirements for Intelligent Transport Systems. *See regulation 1
(2)of these Regulations as originally promulgated. 2 [ S.L.499.61 DEPLOYMENT AND USE OF INTELLIGENT TRANSPORT SYSTEMS specifications adopted in accordance with the provisions of Article 6 of the Directive and their selection and deployment shall comply with the principles listed in Annex II of the said Directive. Authority’s approval required. 6.
(1)Without prejudice to any permit required under any other law, no person may deploy and, or operate any Intelligent Transport System without the approval in writing of the Authority.
(2)An application for an approval shall be made to the Authority on the appropriate form and shall be accompanied by all such details and documentation relevant to the system to be deployed and, or operated.
(3)Where the Authority proposes to refuse to issue an approval, it shall give the person who applied written notice of that proposal and that notice shall specify the period within which the person concerned may make representations to the Authority.
(4)The period referred to in sub-regulation
(3)shall not be less than thirty days.
(5)The Authority shall then decide whether or not to issue a final notice of refusal.
(6)Every such notice shall be in writing and shall state the reasons for refusing the application. Processing and use of data. S.L. 460.13 Cap. 586. S.L. 399.28 7.
(1)Where the deployment and, or use of ITS applications and services entail the processing and use of road, traffic or travel data forming part of documents held by a public sector body, the processing and use of such data shall be carried out in accordance with the provisions of the Re-Use of Public Sector Information Order.
(2)Where the operation of ITS applications and services entails the processing of personal data, the processing of such data shall be carried out in accordance with the provisions of the Data Protection Act and any regulations made thereunder and the Electronic Communications Networks and Services (General) Regulations: Provided that, in order to ensure privacy, the use of anonymous data shall be preferred, where and when possible, for the performance of ITS applications and services: Provided further that personal data shall only be processed insofar as such processing is necessary for the performance of ITS applications and services. Liability for defective products. Cap. 378. 8. Where issues arise related to liability for defective products in the deployment and, or use of ITS applications and services, the provisions of Part VIII of the Consumer Affairs Act shall apply.