B 2290
L.N. 300 of 2022
TRAFFIC REGULATION ORDINANCE
(CAP. 65)
Motor Vehicles (Carriage of Goods by Road) (Amendment) 
Regulations, 2022
IN EXERCISE of the powers conferred by article 54 of the
Traffic Regulation Ordinance, the Minister responsible for tran sport,
after consultation with the Authority for Transport in Malta, h as made
the following regulations:-
Citation and 
scope.
S.L.65.19.1. (1) The title of these regulations is Motor Vehicles
(Carriage of Goods by Road) (Amendment) Regulations, 2022 and
these regulations shall be read and construed as one with the M otor
Vehicles (Carriage of Goods by Road) Regulations, hereinafter
referred to as "the principal regulations".
(2) The scope of these regulations is to partially transpose the
provisions of Directive (EU) 2020/1057 of the European Parliament
and of the Council of 15 July 2020 laying down specific rules w ith
respect to Directive 96/71/EC a nd Directive 2014/67/EU for post ing
drivers in the road transport sector and amending Directive 200 6/22/
EC as regards enforcement requirements and Regulation (EU) No1024/2012.
Amends 
regulation 2 of the principal 
regulations.  2. Regulation 2 of the principal  regulations shall be amended
as follows:
(a) immediately after the definition "daily rest period"
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 "Directive 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 the
implementation of Council Regulations (EEC) No 3820/85
and (EEC) No 3821/85 concerning social legislation
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relating to road transport ac tivities and repealing Council
Directive 88/599/EEC;";
(c) immediately after the def inition "regular weekly rest
period" thereof, there shall be added the following new
definitions:
" "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;
"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 European Parliament and of theCouncil 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 
regultion 84 of the principal 
regulations.3. Regulation 84 of the principal regulations shall be amended
as follows:
(a) in sub-regulation (1) thereof, the words "provided for
in the Eighth Schedule." shall be substituted by the words
"provided for in the Eighth Schedule:" and immediately
thereafter there shall be added the following new proviso:
"Provided that the Authority shall organise
checks in such a way that at least three percent (3%) ofdays worked by drivers of vehicles falling within the scope
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of Regulation (EC) No 561/2006 and  Regulation (EU) No
165/2014 are checked.";
(b) in paragraph (c) of sub-regulation (2) thereof, the
words "recording equipment." shall be substituted by the words
"recording equipment:" and immedi ately thereafter there shall b e
added the following new proviso:
"Provided that quayside and roadside checks on
compliance with Part IX of these regulations shall be
limited to aspects that can b e checked efficiently through
the tachograph and related recording equipment andcomprehensive checks on compliance with theseregulations shall be carried out only at the premises of the
undertaking.";
(c) immediately after sub- regulation (2) thereof as
amended, there shall be added t he following new sub-regulation:
"(2a)  The Authority shall target its checks towards
the transport undertaking, in case that one or more of the
hauliers working for a transport undertaking is found to be
continuously or seriously infringing Regulation (EC) No
561/2006 or Regulation ( EU) No 165/2014;";
(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 at thequayside 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 ofinfringements reported, a nd shall indicate whether
passengers or goods were transported.
(6) In order to facilitate targeted roadside and
quayside checks, the data contained in the national risk
rating system shall be accessible to all the competent
enforcement authorities in M alta concerned at the time of
control.
(7) The Authority shall make the information
contained in the risk rating system introduced under sub-
regulation (3) directly acces sible to the enforcement
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authorities of other Member  States in accordance with
article 16 of Regulation (EC) No 1071/2009 through
interoperable national electronic registers as referred to inarticle 16(2) of that Regulation.".
Amends 
regulation 85 of 
the principal 
regulations.4. Regulation 85 of the principal regulations shall be amended
as follows:
(a) paragraph (b) thereof sh all be substituted by the
following 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 vehicle’s authorised speed is exceeded,being any periods of more than one (1) minute during
which the vehicle’s speed exceeds ninety kilometres per
hour (90 km/h) for category N
3 motor vehicles;"; 
(b) paragraph (d) thereof sh all be substituted by the
following new paragraph: 
S.L. 452.82. "(d) the correct functioning of the recording
equipment, thus determining the possible misuse of the
equipment and, or the driver card, and, or record sheets,and, where appropriate, verification that the posting was
notified in accordance with re gulation 6 of the Posting of
Workers in Malta Regulations;";
(c) in paragraph (f) thereof, the words "equipment for
motor vehicles." shall be substituted by the words "equipment
for motor vehicles;" and immediately thereafter there shall beadded the following new paragraph and provisos:
"(g) extended maximum weekly working times of
sixty (60) hours and other weekly working times as set outin regulation 27, only where technology enables effective
checks to be carried out:
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 transport manage r 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:
Provided further that this is without prejudice to
the driver’s obligation to  ensure the proper use of
tachograph equipment.".
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Substitution of 
regulation 86 of 
the principal regulations.5. Regulation 86 of the princ ipal regulations shall be
substituted by the following new regulation:
Adds new regulations  to 
the principal 
regulations.6. Immediately after regulation 87 of the principal
regulations, there shall be added the following new regulations:"Comprehensive checks.  86.  (1) Checks carried out at the premises of
internationally operating hauliers established in Malta
shall be planned in the li ght of past experience in
relation to the various types of transport and
undertakings and shall be carried out if serious
infringements of Regulation (EC) No 561/2006 orRegulation (EU) No 165/2014 or of these regulations
have been detected by mean s of quayside or roadside
checks.
(2) Checks carried out at the premises of
internationally operating hauliers established in Maltashall in addition to the provisions of regulation 85,
include the following:
(a) weekly rest period and driving times
between these rest periods;
(b) observance of the two-weekly
limitations of driving times;
(c) record sheets, vehicle unit and driver
card data and printouts;
(d) compliance with maximum average
weekly working times, breaks and night work
requirements;
(e) observance of the obligations of
undertakings as regards the payment for drivers’accommodation and the organization of the
drivers’ work;
(3) The Authority may, if it deems appropriate,
check on the joint liability of other instigators or
accessories in the transport chain, such as shippers,
freight forwarders or contract ors, if an infringement is
detected, including verification that contracts for the
provision of transport permit compliance with
Regulations (EC) No 561/2006 and Regulations (EU)
No 165/2014.".
"Concerted checks. 87A.  (1) The Authority shall, at least six (6)
times per year, carry out concerted roadside or quaysidechecks, on drivers and vehicles falling within the scope
of Regulation (EC) No 561/2006 or Regulation (EU)
No 165/2014.
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(2) The Authority shall organize additional
concerted checks at pr emises of undertakings.
(3) The concerted checks mentioned in sub-
regulations (1) and (2) shall be carried out at the same
time by the enforcement authorities of two (2) or more
Member States, each operating in its own territory.
Intracommunity 
relations.87B.  The Authority shall be responsible for
intracommunity relations and shall have the following
tasks: 
(a) to ensure coordination with
enforcement authoritie s  i n  t h e  o t h e r  M e m b e r
States concerned as regar ds actions on concerted
checks; 
(b) to forward the biennial statistical
returns to the European Commission under
Article 17 of Regulat ion (EC) No 561/2006; 
(c) to be primarily responsible for
assisting the competent authorities of other
Member States;
(d) to ensure exchange of information
with the other Member States pursuant to
regulation 87C with regard  to the application of
these regulations.
Exchange of 
Information.87C.  (1) Information made  available bilaterally
under Article 22(3) of Regulation (EC) No 561/2006
shall also be exchanged between the Authority and the
competent enforcement aut horities of other Member
States and notified to the European Commission in
accordance with regulation 87B: 
(a) at least once every six (6) months after
the 2nd February 2022; 
(b) upon reasoned request by a Member
State in individual cases. 
(2) The Authority shall provide the information
requested by another Member State pursuant to sub-
regulation (1)(b) within twenty-five (25) working daysfrom the receipt of the request, unless a shorter time-
frame 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:
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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.
The requesting Member State shall further substantiate
the request. Where the requesting Member State is
unable to further substantiate the request, the Authority
may reject the request:
Provided further that where it is difficult or
impossible to comply with a request for information or
to carry out checks, inspections or investigations, the
Authority shall inform the requesting Member Stateaccordingly within ten (10) working days from the
receipt of the request and provide reasons to duly
justify that difficulty or impos sibility. Every effort shall
be made with a view o f 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, unlesssuch information is being exchanged by Member States
through direct consultation of national electronic
registers referred to in art icle 16(5) of Regulation (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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