L.S. 499.76 Regolamenti dwar il-Prova ta’ Xarabanks Żgħar Awtonomi

(1)In these regulations, unless the context otherwise "Act" means the Authority for Transport in Malta Act; "authorised person" means an operator, user-in-charge, or a technical supervisor, authorised by the Authority in accordance with these regulations; "Authority" means the Authority for Transport in Malta as established by the Act; "autonomous mode" means a state in which an autonomous small bus is operating solely through the vehicle’s onboard systems, without being controlled by an individual; "autonomous small bus" means an M1 or M2 motor vehicle equipped with an automated driving system which enables it to operate autonomously, without continuous active human control; "Certificate of Conformity" means the document issued by the vehicle manufacturer in accordance with 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, certifying that the autonomous small bus conforms to the approved vehicle type and complies with all regulatory acts that were applicable at the time of its production; "designated operating area" means a geographical area designated by the Authority for the purposes of conducting autonomous trials of small buses in accordance with these regulations; "M1 motor vehicle" means a motor vehicle designed for Cap. 449. 1 2 [ S.L. 499.76 AUTONOMOUS SMALL BUSES TRIALS the carriage of passengers, comprising no more than eight

(8)seats in addition to the driver’s seat; "M2 motor vehicle" means a motor vehicle designed for the carriage of passengers, comprising more than eight

(8)seats in addition to the driver’s seat, and having a maximum mass not exceeding five

(5)tonnes; "Member State" means a Member State of the European Union or member of the European Economic Area; "operator" means a legal or natural person authorised to conduct trials of autonomous small buses under these regulations, and who has been awarded a contract by the Authority for the operation of public passenger transport services in accordance with the Act; Cap.

1. "Ordinance" means the Traffic Regulation Ordinance and any regulations made thereunder; "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; "small bus" means an M1 motor vehicle or M2 motor vehicle; "technical supervisor" means a natural person responsible for the remote monitoring the autonomous small bus and supporting the user-in-charge; "trial" means the operation of an autonomous small bus for trial purposes, as authorised in accordance with these regulations;  Cap.
2. "Tribunal" means the Administrative Review Tribunal established by article 5 of the Administrative Justice Act; "user-in-charge" means a natural person who is physically present in the autonomous small bus during trials, and responsible for assuming manual control of the vehicle where necessary.

(2)Unless the context otherwise requires, words and phrases used in these regulations which are not defined in these regulations shall have the same meaning as assigned to them in the Act and, or the Ordinance. AUTONOMOUS SMALL BUSES TRIALS [ S.L. 499.76 3.

(1)No person shall operate an autonomous small bus in autonomous mode except as authorised in writing by the Authority in accordance with regulations 4 and 5. 3 Operation of autonomous small bus.

(2)Autonomous small buses may be operated in autonomous mode solely for trial purposes and as authorised by the Authority in accordance with regulations 8, 9 and 10.

(3)Unless expressly exempted or modified under these regulations, any autonomous small bus authorised to operate in terms of these regulations, and any authorised person, shall comply with all applicable laws, regulations, and codes governing the use, operation, safety, or roadworthiness of motor vehicles in Malta. 4.

(1)A person intending to operate an autonomous small bus for trial purposes shall submit an application with the Authority in the form and manner specified by the Authority, and shall include the following: (

1. a)Application to operate an autonomous small bus. the operator’s personal or corporate details; (
2. b)technical specifications of the autonomous small bus, including its make and model, automated systems, safety features, and emergency mechanisms, including a manual override system accessible to the user-in-charge; (
3. c)description of the remote monitoring system and intervention protocols; (
4. d)proof that the autonomous small bus is either covered by a valid Certificate of Conformity, or has been previously registered in another Member State, or is of a make and model that has already been approved for autonomous trials with passengers on board in another Member State; (
5. e)proof that the autonomous small bus is roadworthy and is covered by a valid roadworthiness certificate issued in accordance with the Motor Vehicle Roadworthiness Test Regulations; (
6. f)proof of insurance coverage for third-party liability, including liability arising from autonomous operation; (
7. g)the proposed users-in-charge; (
8. h)the proposed technical supervisors; (
9. i)any additional information or documentation prescribed by the Authority.

(2)Applicants shall also demonstrate to the satisfaction of the Authority that they are capable of satisfying all the obligations    S.L. 65.15. 4 [ S.L. 499.76 AUTONOMOUS SMALL BUSES TRIALS established under these regulations.

(3)Applicants who satisfy all the criteria prescribed in subregulations

(1)and

(2)shall be granted authorisation to conduct trials.

(4)An application for the grant of an authorisation shall be accompanied by an administrative fee of one thousand euro (€1,000). Decision on the granting of an authorisation. 5.

(1)An application for authorisation in terms of these regulations shall be processed and decided by the Authority.

(2)Where authorisation is granted, the Authority shall provide the operator with a certified true copy of the authorisation for every autonomous small bus covered by such authorisation. Such true copy shall be kept at all times in the said autonomous small bus and shall be produced by the user-in-charge upon request by an officer of the Authority.

(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 notice in writing specifying 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 to the Authority, within ten

(10)days, giving reasons on the basis of which the application should not be refused. 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.

(5)When an application is so refused by the Authority, the applicant may appeal to the Tribunal with respect to such decision within a period of thirty

(30)days from the service of the refusal.

(6)The authorisation shall specify: (

1. a)the operator’s details; (
2. b)the vehicle identification number (VIN) of each autonomous small bus covered; (
3. c)the vehicle plates allotted by the Authority; (
4. d)the insurance policy details; (
5. e)the personal details of every user-in-charge; (
6. f)the personal details of every technical supervisor; (
7. g)the designated operating area; (
8. h)the authorisation shall not exceed a period of [ S.L. 499.76 AUTONOMOUS SMALL BUSES TRIALS twelve

(12)months, and it may be renewed at the discretion of the Authority; (i) any other conditions that the Authority may prescribe at its own discretion.

(7)The authorisation shall not be transferable. Any changes to the autonomous small bus and, or any authorised person, shall require prior written approval by the Authority. 6.

(1)The Authority shall maintain a register of all authorisations granted in accordance with these regulations. Register.

(2)The Authority and any operator authorised under these regulations shall be permitted to process personal data to the extent strictly necessary for the purposes of authorisation, supervision, safety monitoring, compliance, and evaluation of autonomous small bus trials.

(3)Without prejudice to the generality of sub-regulation

(2), the Authority and authorised operators may establish and maintain registers, records, and logs relating to: (

1. a)authorised vehicles, operators, supervisors, or other designated persons; (
2. b)trial activities, routes, and operational parameters; (
3. c)incidents, deviations; and (
4. d)activities. drivers, compliance, malfunctions, safety events, or inspection, and enforcement

(4)Any processing carried out under this regulation shall be limited to what is necessary and proportionate and shall be subject to appropriate technical and organisational measures to ensure compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

(5)Registers, records, and logs maintained under this regulation shall be retained only for such period as is necessary to fulfil the purposes for which they are processed and in accordance with the applicable retention schedule. 7. Authorised trials of autonomous small buses shall only be conducted within the designated operating area, and in compliance with the conditions prescribed in the authorisation or in writing by the Trials. 5 6 [ S.L. 499.76 AUTONOMOUS SMALL BUSES TRIALS Authority. Obligations of operator. 8. The operator shall: (

1. a)ensure the authorised autonomous small bus operates in autonomous mode only within the designated operating area and in accordance with the conditions prescribed in the authorisation or in writing by the Authority; (
2. b)maintain at all times insurance coverage for at least third-party liability; (
3. c)ensure that every user-in-charge and technical supervisor have received adequate training in relation to the operation of autonomous small buses; (
4. d)ensure uninterrupted communication between the autonomous small bus and the technical supervisor during a trial; (
5. e)ensure the technical supervisor has real-time access to vehicle data, including system status, location, and performance metres, at all times during trials; (
6. f)provide the Authority with real-time access to the location and status data of the autonomous small bus during a trial; (
7. g)maintain accurate logs, data, and records of the trials, and provide the Authority access to them upon request; (
8. h)maintain accurate records of any incidents, system disengagements, or emergency interventions, and report them to the Authority at the earliest opportunity, but in any event not later than twenty four

(24)hours; (

1. i)ensure the autonomous small bus is regularly maintained and roadworthy; (
2. j)comply with all authorisation conditions and all applicable laws and regulations. Obligations of user-in-charge. 9. The user-in-charge shall:  S.L. 499.56. (
3. a)hold a valid driver’s permit and driver’s tag issued by the Authority in accordance with the Passenger Transport Services Regulations; (
4. b)remain in the vehicle, alert and capable of assuming manual control of the autonomous small bus at all times during a trial; AUTONOMOUS SMALL BUSES TRIALS [ S.L. 499.76 (
5. c)respond to any and all system prompts and warnings, and to any anomalies; (
6. d)not engage in any other activity or conduct that may impair his ability to assume control of the autonomous small bus; (
7. e)not permit the autonomous small bus to operate in autonomous mode outside of the designated operating area; (
8. f)10. not be under the influence of alcohol or drugs. The Technical Supervisor shall: (
9. a)hold a valid driving licence to drive M1 or M2 motor vehicles, as applicable; Obligations of technical supervisor. (
10. b)monitor and supervise the autonomous small bus at all times during trials; (
11. c)in-charge; maintain constant communication with the user- (
12. d)respond to any and all system prompts and warnings, including by intervening or instructing the user-incharge as necessary; (
13. e)not be under the influence of alcohol or drugs; (
14. f)remain available and alert at all times during trials, and not engage in any other activity or conduct that may impair his ability to carry out his obligations. 11. The Authority shall have the power to: Powers of the Authority. (
15. a)inspect autonomous small buses and any data, logs, or other related documentation; (
16. b)enter any premises to inspect operations relating to autonomous small buses; (
17. c)clamp or remove the autonomous small bus and to take all necessary actions in terms of the Transport Enforcement Officers Regulations, wherever the Authority has suspended or revoked any authorisation granted under these regulations;   S.L. 499.51. (
18. d)identify and publish any designated operating area in the Gazette. 12.

(1)The Authority may suspend or revoke any authorisation granted under these regulations where: (

1. a)an authorised person breaches any of these Suspension and revocation of authorisation. 7 8 [ S.L. 499.76 AUTONOMOUS SMALL BUSES TRIALS regulations; (
2. b)a trial conducted in accordance with these regulations is deemed by the Authority to pose a threat to public safety; (
3. c)any information provided in the application is found to be false or misleading; (
4. d)the operator no longer satisfies all the conditions established in the authorisation.

(2)A decision of the Authority to suspend or revoke an authorisation shall be notified to the operator in writing, specifying the reasons, and stating whether the suspension or revocation shall have immediate effect or otherwise.

(3)Where the suspension or revocation is not declared as having immediate effect, the notice shall state that the operator may, within ten

(10)days from the notification thereof, make representations in writing to the Authority giving reasons on the basis of which the authorisation should not be suspended or revoked. 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, and the said final decision shall become immediately operative notwithstanding that an appeal may have been filed in accordance with sub-regulation

(4).

(4)The operator whose authorisation is suspended or revoked shall have a right to appeal to the Tribunal within thirty

(30)days from the final decision of the Authority. Fines (multi). 13. Any person who breaches any provision of these regulations shall on conviction, and without prejudice to any other punishment that may be imposed under any other law, be liable to a fine (multa) not exceeding ten thousand euro (€10,000), or to imprisonment for a term not exceeding two

(2)years, or to both such fine and imprisonment.