B 2304
L.N. 301 of 2022
AUTHORITY FOR TRANSPORT IN MALTA ACT
(CAP. 499)
Passenger Transport Services (Amendment) Regulations, 2022
IN EXERCISE of the powers conferred by article 43 of the
Authority for Transport in Malta Act, the Minister responsible for
transport, after consultation wi th the Authority for Transport in Malta,
has made the following regulations:-
Citation and 
scope. 
S.L.499. 56.1. (1) The title of these regulations is the Passenger
Transport Services (Amendment) Regulations, 2022 and these
regulations shall be read and c onstrued as one with the Passeng er
Transport Services Regulations, hereinafter referred to as "theprincipal regulations".
(2) The scope of these regulations is to transpose Article 2 of
Directive (EU) 2020/1057 of the European Parliament and of theCouncil of 15 July 2020, laying down specific rules with respec t to
Directive 96/71/EC and Directive 2014/67/EU for posting drivers  in
the road transport sector and amending Directive 2006/22/EC as
regards enforcement requirements and Regulation (EU) No 1024/2012.
Amends 
regulation 2 of 
the principal 
regulations. 2. Regulation 2 of the principal r egulations shall be amended
as follows:
(a) immediately after the definition "designated person"
thereof, there shall be adde d the following new definition:
" "Directive 2002/15/EC" means Directive 2002/15/
EC of the European Parliament and of the Council of 11
March 2002 on the organisati on of the working time of
persons performing mobile roa d transport activities;";
(b) the definition "Directi ve 2006/22/EC" thereof shall
be substituted by the following new definition:
" "Directive 2006/22/EC" means Directive 2006/22/
EC of the European Parliame nt and of the Council of 15
March 2006 on minimum conditions for theimplementation 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, and
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repealing Council Di rective 88/599/EEC;";
(c) immediately after the def inition "regular weekly rest
period" thereof, there shall be added the following new
definition:
" "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 Reg ulation (EEC) No 3820/85;";
and 
(d) immediately after the definition "Regulation (EC) No
595/2009" thereof, there shall be added the following new
definitions:
" "Regulation (EC) No 1071/ 2009" means Regulation
(EC) No 1071/2009 of the European Parliament and of theCouncil of 21 October 2009 es tablishing common rules
concerning the conditions to be  complied with to pursue the
occupation of road transport operator and repealingCouncil Directive 96/26/EC;
"Regulation (EU) No 1024/ 2012" means Regulation
(EU) No 1024/2012 of the Europe an Parliament and of the
Council of 25 October 2012 on administrative cooperationthrough 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 theCouncil of 4 February 2014 on tachographs in roadtransport, repealing Council Regulation (EEC) No 3821/85
on recording equipment in r oad transport and amending
Regulation (EC) No 561/2006 of the European Parliamentand of the Council on the harmonisation of certain social
legislation relating to road transport;".
Amends 
regulation 102 of the principal 
regulations. 3. Regulation 102 of the principal regulations shall be
amended as follows:
(a) in sub-regulation (1) thereof, the words "provided for
in the Thirteenth Schedule." shall be substituted by the words
"provided for in the Thirteenth Schedule:" and immediately afte r
there shall be added the following new proviso:
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"Provided that the Authority shall organise checks in
such a way that at least three percent (3%) of days worked
by drivers of vehicles falling within the scope ofRegulations (EC) No 561/2006 and (EU) No 165/2014 are
inspected.";
(b) in paragraph (c) of sub-regulation (2) thereof, the
words "their recording equipmen t." shall be substituted by the
words "their recording equipment: " and immediately after there
shall be added the following new proviso: 
"Provided that quayside and roadside checks in
compliance with Part XIV shall be limited to aspects that
can be checked efficiently through the tachograph and
related recording equipment, and comprehensive checks on
compliance with these regulations shall be carried out only
at the premises of the undertaking."; and
(c) immediately after sub-re gulation (2) thereof, there
shall be added the follo wing new sub-regulation:
"(2a)  The Authority shall target its checks at the
transport undertaking, if one or more of the drivers carrying
out international road passenger transport services for the
same transport undertaking and are found to be
continuously or seriously infringing Regulation (EC) No
561/2006 or (EU) No 165/2014."; and 
(d) immediately after sub-re gulation (4) thereof, there
shall be added the follo wing new sub-regulations:
"(5) The Authority shall submit information to the
Commission in accordance with  Article 17 of Regulation
(EC) No 561/2006 and Article 13 of Directive 2002/15/
EC, which shall include the number of drivers checked atthe quayside or roadside, the number of checks at the
premises of undertakings, the number of working days
when inspections were held  and the number and type of
infringements reported, and shall indicate whether
passengers or goods were transported.
(6) In order to facilitate targeted roadside and
quayside checks, the data contained in the risk rating
system shall be accessible to the competent enforcementauthorities in Malta which are concerned at the time of
control.
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Amends 
regulation 103 
of the principal 
regulations. 4. Regulation 103 of the principal regulations shall be
amended as follows:
(a) paragraph (b) thereof , shall be substituted by the
following new paragraph:
"(b) the records of the current day of the check and
the records of the twenty-eight (28) days prior, for any
cases where the passenger tran sport vehicle’s authorised
speed is exceeded, being any period of more than one (1)
minute during which the v ehicle’s speed exceeds one
hundred and five (105) kilometr es per hour for category
M3 motor vehicles;";
(b) paragraph (d) thereof , shall be substituted by the
following new paragraph: 
(c) in paragraph (f) thereof, the words "passenger
transport vehicles." shall be s ubstituted by the words "passeng er
transport vehicles;" a nd immediately after there shall be added
the following new paragraph:(7) The Authority shall make the information
contained in the risk rating system referred to in sub-
regulation (3), directly accessible to the competent
enforcement authorities of  other Member States in
accordance with Article 16(2) of Regulation (EC) No
1071/2009,  through interoperable national electronic
registers as referred to in A rticle 16 of that Regulation.".
S.L. 452.82."(d) the correct functi oning of the recording
equipment, thus determining the possible misuse ofthe equipment and, or the driver card, and, or recordsheets, and, where appropriate, verification that the
posting was notified in accordance with regulation 6 of
the Posting of Workers i n Malta Regulations;";
"(g) extended maximum weekly working times
of sixty (60) hours and other weekly working times asset out in regulations 73 and 74, only where technologyenables effective checks to be carried out:
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Adds new 
regulation to the 
principal regulations. 5. Immediately after regulation 103 of the principal
regulations there shall be added the following new regulation: "Provided that notwithstanding the
foregoing paragraphs (a) to (g), during a roadside or
quayside check, the driver shall be allowed to contact
the operating centre, the tran sport manager or any other
person or entity in order to provide, before the end of
the quayside or roadside check, any evidence which is
found to be missing on board; and this without
prejudice to the driver’s obligation to ensure the properuse of tachograph equipment.".
"
Compre-
hensive 
checks.103A. (1) Checks carried out at the premises of
internationally operating road passenger transport
services undertakings established in Malta, shall be
planned in light of past experience in relation to the
various types of transport and undertakings and the
checks shall also be carried out if serious infringementsof Regulation (EC) No 561/ 2006 or (EU) No 165/2014 or
of these regulations have been detected during quaysideor roadside checks.
(2) Checks carried out at the premises of
internationally operating road passenger transport
services undertakings established in Malta shall, in
addition to the provisions of regulation 103, include a
check on the following:
(a) weekly rest peri od and driving times
between these rest periods;
(b) observance of the two (2) weekly
limitations of driving times;
(c) record sheets, vehicle unit and the
information of the driver card data and printouts;
(d) compliance with maximum average
weekly working times, breaks and night work
requirements; and
(e) observance of the obligations of
undertakings as regards the payment for drivers’
accommodation and the organization of the work ofdrivers.
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Adds new 
regulations to 
the principal 
regulations. 6. Immediately after regulation 104 of the principal
regulations there shall be added the following new regulations:(3) The Authority may, if it deems it appropriate,
verify the joint liability of other instigators or accessories
in the transport chain, such as shippers, freight
forwarders or contractors, if an infringement is detected,
including verification that contracts for the provision oftransport permits compliance with Regulations (EC) No
561/2006 and (EU) No 165/2014.".
"
Concerted 
checks.104A. (1) The Authority shall, at least six (6)
times per year, carry out con certed roadside or quayside
checks, on drivers and vehicles falling within the scopeof Regulation (EC) No 561/2006 or (EU) No 165/2014.
(2) The Authority shall organize additional
concerted checks at the premises of the undertaking;
(3) The concerted checks referred to in sub-
regulations (1) and (2) shall be carried out at the same
time by the enforcement authorities of two (2) or moreMember States, each operating in its own territory.
Intra-
community liaison.104B. The Authority shall be responsible for
intracommunity liaison and shall have the following
functions:
(a) to ensure coordination with the
competent enforcement authorities in the other
Member States concerned as regards actions takenon concerted quayside and roadside checks; 
(b) to forward the biennial statistical
returns to the Commission in accordance with
Article 17 of Regulation (EC) No 561/2006;
(c) to be primarily res ponsible for assisting
the competent authorities of other Member States;
and
(d) to ensure exchange of information with
the other Member States in accordance with
regulation 104C with regard to the application of
these regulations.
Exchange of 
information.104C. (1) Information made  available bilaterally
in accordance with Article 22(3) of Regulation (EC) No
561/2006 shall also be excha nged between the Authority
and the competent enforcement authorities of otherMember States and notified to the Commission inaccordance with regulation 104B:
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(a) at least once every six (6) months after
2nd February 2022;
(b) upon the reasoned request by a Member
State in individual cases. 
(2) The Authority shall provide the information
requested by another Memb er State pursuant to sub-
regulation (1)(b) within twenty-five (25) working days
from the receipt of the request, unless a shorter
timeframe is agreed between the Member States. In
urgent cases or in cases requiring only a simple
consultation of registers, such as registers of  a risk rating
system, the requested information shall be provided
within three (3) working days:
Provided that where the Authority considers
that the request is insufficiently reasoned, it shall inform
the requesting Member State accordingly, within ten (10)working days from the receipt of the request, and
instruct that Member State to further substantiate the
request. Where the requesting Member State is unable tofurther substantiate the re quest, the Authority may reject
the request:
Provided further that, where it is difficult or
impossible to comply with a request for information orto carry out controls, inspect ions or investigations, the
Authority shall inform the requesting Member State
accordingly within ten (10) working days from the
receipt of the request and pr ovide reasons to duly justify
that difficulty or impossibility. Every effort shall be
made with a view of finding a solution.
(3) The exchange of information provided for in
this regulation shall be implemented through the Internal
Market Information System  ("IMI"), established by
Regulation (EU) No 1024/2012, un less such information
is being exchanged by Member States through directconsultation of national electronic registers referred to inArticle 16(5) of Regul ation (EC) No 1071/2009.".
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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
Prezz/Price
€0.63
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