B 2275
L.N. 299 of 2022
AUTHORITY FOR TRANSPORT IN MALTA ACT
(CAP. 499)
Posting of Drivers in Malta Regulations, 2022
IN EXERCISE of the powers c onferred by article 43 of the
Authority for Transport in Malta  Act, the Minister responsible for
transport, after consultation with the Authority for Transport in Malta,
has made the following regulations:-
Citation. 1.  The title of these regulations is the Posting of Drivers in
Malta Regulations, 2022. 
Scope. 
S.L. 452.82.2. (1) The scope of these regulations is to partially
transpose Directive (EU) 2020/10 57 of the European Parliament and of
the Council of 15 July 2020 laying down specific rules with respect to
Directive 96/71/EC and Directiv e 2014/67/EU for posting drivers  in
the road transport sector and a mending Directive 2006/22/EC as
regards enforcement requirements and Regulation (EU) No 1024/
2012, by establis hing industry specific rules.
(2) These regulations shall prevail notwithstanding any other
regulations established under the Posting of Workers in MaltaRegulations.
S.L. 452.82.(3) These regulations shall apply to drivers employed by
transport operators established in other Member States of the EuropeanUnion or third countries which a pply the transnational measure
referred to in regulation 3(1)(a) of the Posting of Workers in Malta
Regulations.
Interpretation. 3. In these regulations, unless the context otherwise requires:
Cap. 499. "Act" means the Authority f or Transport in Malta Act;
 "Authority" means the Authority for Transport in Malta as
established by  of article 5 of the Act;
"authorised inspecting officer" means a Police officer, a
community officer or an off icer of the Authority;
"cabotage operations" means national carriage for hire or
reward carried out on a temporary basis in a host Member State;
"Commission" means the European Commission; 
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Cap. 452."competent authority in Malta" means the Department
responsible for employment and industrial relations as
established by   the Employment and Industrial Relations Act; 
"Directive (EU) 2020/1057" means Directive (EU) 2020/
1057 of the European Parliament and of the Council of 15 July2020 laying down specific rules wit h respect to Directive 96/71 /
EC and Directive 2014/67/EU for posting drivers in the roadtransport sector and amending Directive 2006/22/EC as regardsenforcement requirements and Regulation (EU) No 1024/2012;
"Internal Market Information System" or "IMI" means the
software application developed by the Commission incooperation with the Member States, in order to assist Member
States with the practical implementation of information
exchange requirements laid down in Union acts by providing acentralised communication mechan ism to facilitate cross-border
exchange of information and mutual assistance, as established i n
Regulation (EU) 1024/2012;
"Member State" means a Member State of the European
Union or of the European Economic Area and the European FreeTrade Area; 
"posted driver" means a driver who, for a limited period,
carries out his work in the territory of a Member State other t han
the State in which he normally works and shall include a driverperforming cabotage operations; 
S.L. 452.82."posted worker" shall have the same meaning as that
attributed to it in the Posting of  Workers in Ma lta Regulations ;
"Regulation (EC) No 561/2006"  means Regulation (EC) No
561/2006 of the European Parliam ent and of the Council of 15
March 2006 on the harmonisation of certain social legislation
relating to road transport a nd amending Council Regulations
(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council
Regulation (EEC) No 3820/85;
"Regulation (EC) No 1072/2009" means Regulation (EC)
No 1072/2009 of the European Parliament and of the Council of21 October 2009 on common rules for  access to the i nternational
road haulage market;
"Regulation (EC) No 1073/2009" means Regulation (EC)
No 1073/2009 of the European Parliament and of the Council of
21 October 2009 on common rules for  access to the i nternational
market for coach and bus services, and amending Regulation
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(EC) No 561/2006;
"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 Sy stem 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 amendi ng Regulation (E C) No 561/2006 of
the European Parliament and of the Council on the
harmonisation of certain social legislation relating to road
transport;
Cap. 452."remuneration" means all the constituent elements of
remuneration rendered mandatory by the Employment andIndustrial Relations Act, orders or regulations made thereunder ; 
"sending party" means a transport operator which is
established in a different Memb er State other than Malta; 
"transport operator" means a person, whether natural or
legal, who is authorised by the competent authority in another
Member State to carry out passenger transport services and, or
carriage of goods by road, as the  case may be, and shall includ e
self-employed drivers.
Cap. 499. 
Cap. 452.(2) Subject to the provisions of sub-regulation (1), terms and
expressions used in these regulat ions shall, unless the context
otherwise requires, have the same meaning assigned to them in t he Act
or in the Employment and Industri al Relations Act or any regula tions
made thereunder. 
Applicability. 4. These regulations shall apply to the extent that the sending
parties referred to in the preceding regulation send posted drivers in
Malta on their account and under their direction, under a contr act
concluded between the sending party  and the party for whom theservices are intended, provided t h a t  t h e r e  i s  a n  e m p l o y m e n t
relationship between the sending party and the driver during th e period
of posting:
Provided that such a posting shall be considered to be
ending when the driver leaves Malta in the performance of the
international carriage of goods o r passengers. The period of po sting
shall not be cumulated with previous periods of posting in the context
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of such international operations performed by the same driver o r by
another replacing driver.
Exemption 
regarding bilateral transport 
operations in 
respect of goods. S.L. 452.82.5. (1) A driver shall not be considered to be a posted worker
for the purpose of these regulat ions and for the purpose of the  Posting
of Workers in Malta Regulations w hen performing bilateral trans port
operations in respect of goods:
Provided that for the purpos e of these regulations, a
bilateral transport operation in respect of goods means the movement
of goods, based on a transport c ontract, from the Member State of
establishment, to another Member  State or to a third country, o r from
another Member State or a third country to the Member State ofestablishment. 
(2) Drivers performing bilatera l transport operations in respect
of goods shall be further exempted  where the driver performs on e
activity of loading and, or unloading in the Member States or t hird
countries that the driver crosses, provided that the driver doe s not load
goods and unload them in the  same Member State. 
(3) Where a bilateral transpo rt operation starting from the
Member State of establishment du ring which no additional activi ty
was performed is followed by a bilateral transport operation to  t h e
Member State of establishment, t he exemption for additional act ivities
set out in the preceding sub-regul ation shall apply to a maximu m of
two additional activities of loading and, or unloading, under t he same
conditions set out in the preceding sub-regulation.
S.L.65.21.(4) The exemptions set out in the sub-regulations (2) and (3)
shall apply only until the 19th of August 2024. After the 19th of
August 2024, the exemptions for additional activities set out i n the
sub-regulations (2) a nd (3), shall apply so lely to drivers usin g vehicles
fitted with smart tachographs, as  stipulated in the Motor Vehic les
(Weights, Dimensions and Equipment) Regulations. 
Exemption 
regarding 
bilateral transport 
operations in respect of 
passengers. 
S.L.452.82. 6. (1) A driver shall not be considered to be a posted worker
for the purpose of these regulations and of the Posting of Work ers in
Malta Regulations, when performi ng bilateral transport operatio ns in
respect of passengers:
Provided that for the purpos e of these regulations, a
bilateral transport operation in international occasional or regular
carriage of passengers means when  a driver performs any of the
following operations: 
(a) picks up passengers in the Member State of
establishment and sets them down in another Member State or a
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third country; 
(b) picks up passengers in a Member State or a third
country and sets them down in the Member State of
establishment; or 
(c) picks up and sets down passengers in the Member
State of establishment for the purpose of carrying out localexcursions in another Member State or a third country, in
accordance with Regulation (EC) No 1073/2009. 
(2) Bilateral transport operations in respect of passengers shal l
be further exempted where in addition to performing a bilateral
transport operation, the driver picks up passengers once and, o r sets
down passengers once in Member States or third countries that t he
driver crosses, provided that the driver does not offer passeng er
transport services between two locations within the Member Stat e
crossed. The same shall a pply to the return journey. 
S.L. 65.21.(3) The exemption in the preceding sub-regulation shall apply
only until the 19th of August 2024. After the 19th of August 20 24, the
exemption shall apply solely to drivers using vehicles fitted w ith smart
tachographs, as stipulat ed in the Motor Vehicles (Weights, Dime nsions
and Equipment) Regulations. 
Further 
exemptions. 
S.L. 452.82.7. A driver shall further not be considered to be a posted
worker for the purpose of these r egulations and the Posting of Workers
in Malta Regulations when:
(a) the driver transits through the territory of Malta
without loading or unloading fr eight and without picking up or
setting down passengers;
(b) performing the initial or final road leg of a combined
transport operation, if the road leg on its own consists of a
bilateral transport operation.
Administrative 
requirements 
and control measures. 
S.L. 452.82.8. (1) Notwithstanding any a dditional administrative
requirements and control measur es stipulated under the Posting of
Workers in Malta Regulations it shall be the duty of the transp ort
operator posting the driver to Malta to notify the competent au thority
in Malta of the intention to post a driver to Malta prior to th e date of
posting of the driver, at the latest at the commencement of the  posting,
using a multilingual standard form of the public interface connected to
the Internal Market Information System (IMI), which notification shall
contain the relevant information necessary in order to allow fa ctual
controls at the workplace. This notification shall include: 
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(a) the identity of the transport operator, at least in
the form of the number of the Community licence where
this number is available; 
(b) the contact details of a transport manager or
other contact person in the Member State of establishmentto liaise with the competent authority in Malta and to sendout and receive docu ments or notices;
(c) the identity, the addres s of the residence and the
number of the driving licence of the driver; 
(d) the start date of the driver’s contract of
employment, and the law applicable to it; 
(e) the envisaged start and end date of the posting; 
(f) the number plates of  the motor vehicles; 
(g) whether the transport services performed are
carriage of goods, carriage of passengers, international
carriage or cabotage operations.
 (2) It shall be the duty of the transport operator to keep the
posting declarations referred to  in the preceding sub-regulatio n up to
date in the public inter face connected to IMI.
 (3) It shall be the duty of the transport operator posting the
driver to Malta to ensure that the driver has at his disposal i n paper or
electronic form and it shall be the duty of the driver to keep and make
available when so requested at the roadside or quayside: 
(a) a copy of the posting declaration submitted by means
of IMI; 
(b) evidence of the transport operations taking place in
Malta, such as an electronic consignment note (e-CMR) or
evidence referred to in Article 8(3) of Regulation (EC) No 1072 /
2009; 
(c) the tachograph records and in particular the country
symbols of the Member State in which the driver was present
when carrying out international road transport operations or
cabotage operations, in accordan ce with registration and record -
keeping requirements under Re gulations (EC) No 561/2006 and
(EU) No 165/2014. 
(4) The competent authority i n Malta, the Authority and, or
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any authorised inspecting officer, may request for a posted dri ver to
make available, during a roadside or quayside check, in paper o r
electronic form, the evidence of the relevant international car riages,
such as an electronic consignmen t note (e-CMR) or evidence refe rred
to in Article 8(3) of Regulat ion (EC) No 1072/2009, and tachogr aph
records, for the purpose of ascertaining if the driver is a posted driver
under these regulations:
Provided that it shall be the r esponsibility of the competent
authority in Malta, assisted by the Authority and any authorise d
inspecting officer, to determine if the driver is a posted driv er under
these regulations.
(5) It shall be the duty of the transport operator posting the
driver to Malta to send, by mean s of the public interface conne cted to
the Internal Market Information System (IMI), after the period of
posting, at the direct request of the competent authority in Malta,
copies of documents referred to i n paragraphs (b) and (c) of sub-
regulation (3), and documentation relating to the remuneration of the
driver in respect of the period of posting, the employment cont ract or
an equivalent document, time-sheets relating to the driver’s wo rk, and
proof of payments:
S.L.452.82.Provided that the transport operator shall send the
documentation by means of the public interface connected to IMI  no
later than eight (8) weeks from the date of the request. If the  transport
operator fails to submit the requested documentation within that time
period, the competent authority in Malta may request, by means of
IMI, the assistance of the competent authorities of the Member State of
establishment, in accordance with regulation 7 of the Posting o f
Workers in Malta Regulations. When such a request for mutual
assistance is made, the competent  authorities of the Member Sta te of
establishment of the transport operator shall have access to th e posting
declaration and other relevant information submitted by the tra nsport
operator by means of the public i nterface connected to IMI: 
Provided further that the competent authorities of the
Member State of establishment shall ensure that they provide th e
requested documentation to the c ompetent authority in Malta by means
of IMI within twenty-five (25) working days from the day of therequest for mutual assistance.
Accessibility of 
regulations.9. The competent authority in Malta shall ensure that terms
and conditions of employment appl icable to the posting of drive rs are
made available in an accessible and transparent way to transpor t
operators from other Member Sta tes and to posted drivers in Mal ta.
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Enforcement 
and offences.10. (1) The competent authority in Malta shall be responsible
for the enforcement of these regulations and shall be assisted by the
Authority and any authorised inspecting officer.
S.L. 452.82.(2) Any person or transport opera tor who fails to comply with
or contravenes any of the provi sions contained in these regulat ions,
shall be guilty of an offence under these regulations and shall  be liable
to the enforcement procedures and penalties laid down in the Po sting
of Workers in Mal ta Regulations.
S.L.452.82.(3) Any consignor, freight forwa rder or passenger transport
operator, contractor or sub-contr actor who knew, or who ought t o have
known, that the transport servi ces commissioned by such consign or,
freight forwarder, passenger tran sport operator, contractor or sub-
contractor involved infringements of one of the provisions cont ained in
these regulations, or who fails to  comply with any of the provi sions
contained in these regulations, shall be guilty of an offence under these
regulations and shall be liable to  the enforcement procedures a nd
penalties laid down in the Posting of Workers in Malta Regulati ons.
_________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper
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