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TRAFFIC REGULATION ORDINANCE (CAP. 65)AUTHORITY FOR TRANSPORT IN MALTA ACT(CAP. 449)Passenger Transport Services (Amendment) Regulations, 2010
IN exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance and by article 43 of the Authority for Transport in Malta Act, the Minister for Infrastructure, Transport and Communications has, in consultation with the Authority for Transport in Malta, made the following regulations:-
Title.
L.N. 149 of 2009
.
Scope.
Amends regulation
102 of the principal regulations.
1. The title of these regulations shall be the Passenger Transport Services (Amendment) Regulations, 2010, and they shall be read and construed as one with the Passenger Transport Services Regulations, hereinafter referred to as “the principal regulations”.2. The scope of these regulations is to transpose –(a) Article 9 of Directive 2006/22/EC on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and
3821/85 concerning social legislation relating to road transport activities;
(b) Commission Directive 2009/4/EC on counter measures to prevent and detect manipulation of records of tachographs, and
(b) Commission Directive 2009/5/EC amending Annex
III to Directive 2006/22/EC.
(a) in sub-regulation (1) thereof immediately after the words “of the undertaking” there shall be inserted the words “in particular
for the purposes of and”, and immediately after the words “with Directive 2006/22/EC” there shall be inserted
the words “and during inspections for the purposes of the said Directive, authorized inspecting officers shall follow the guidelines
on the seriousness of infringements provided for in the Twelfth Schedule to these regulations”; and
(b) sub-regulation (2) thereof shall be amended as follows:
( i ) i n p a r a g r a p h ( b ) t h e r e o f f o r t h e w o r d s “tachograph sheets.” there shall be substituted the words
“tachograph sheets, and”;
(ii) immediately after paragraph (b) there shall be added the following new paragraph:
“ ( c ) s p e c i fi c a n a l y s i s e q u i p m e n t , w i t h appropriate software, to verify and confirm the digital signature
attached to data, as well as specific analysis software to provide a detailed speed profile of vehicles prior to the inspection of
their recording equipment.”; and
(c) immediately after sub-regulation (2) thereof there shall be added the following new sub-regulations:
“(3) The Authority shall introduce a risk rating system for undertakings for the purposes of Article 9 of Directive 2006/22/EC.
(4) A transport undertaking with a high risk rating under the risk rating system introduced under sub- regulation (3) may make
representations to the Authority regarding its rating. The Authority shall consider the representations and notify the undertaking
of its conclusions.”.
(a) paragraph (e) thereof shall be renumbered as paragraph (f); and
(b) immediately after paragraph (d) thereof there shall be inserted the following new paragraph:
B 779
Amends regulation
103 of the principal regulations.
B 780
Addition of new Twelfth Schedule to the principal regulations.
“(e) where appropriate, and with due regard to safety considerations, a verification of the recording equipment installed in vehicles in order to detect the installation and, or use of any device, or devices, intended to destroy, suppress, manipulate or alter any data, or which is intended to interfere with any part of the electronic data exchange between the component parts of recording equipment, or which inhibits or alters the data in such ways prior to encryption;”.
5. Immediately after the Eleventh Schedule to the principal regulations there shall be added the following new Schedule:“TWELFTH SCHEDULE (Regulation 102)
Guidelines on a common range of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council dated 15 March, 2006 on the harmonisation of certain social legislation relating to road transport and Council Regulation (EEC) No
3821/85 of the 20 December 1985 on recording equipment in road transport, as amended,
divided into categories according to their gravity.
1. Groups of infringements against Regulation (EC) No 561/2006No. | Legal basis | Type of infringement | Level of seriousness* | |||
VSI | SI | MI | ||||
A | Crew | |||||
A1 | Art. 5.1 | Not respecting minimum age for drivers | X | |||
B | Driving periods | |||||
B1 | Art. 6.1 | Exceed daily driving time of 9 hours if possibilities to extend to 10 h not allowed | 9h<…<10 h | X | ||
B2 | Art. 6.1 | Exceed daily driving time of 9 hours if possibilities to extend to 10 h not allowed | 10h<…<11 h | X | ||
B3 | Art. 6.1 | Exceed daily driving time of 9 hours if possibilities to extend to 10 h not allowed | 11 h<… | X | ||
B4 | Exceed extended daily driving time of 10 hours if extension not allowed | 10h<…<11 h | X | |||
B5 | Exceed extended daily driving time of 10 hours if extension not allowed | 11h<…<12 h | X | |||
B6 | Exceed extended daily driving time of 10 hours if extension not allowed | 12 h<… | X |
B 781
B7 | Art. 6.2 | Exceed weekly driving time | 56 h<…<60 h | X | ||
B8 | Art. 6.2 | Exceed weekly driving time | 60 h<…<70 h | X | ||
B9 | Art. 6.2 | Exceed weekly driving time | 70 h<… | X | ||
B10 | Art. 6.3 | Exceed accumulated driving time during 2 consecutive weeks. | 90 h<…<100 h | X | ||
B11 | Art. 6.3 | Exceed accumulated driving time during 2 consecutive weeks. | 100 h<…<112 h 30 | X | ||
B12 | Art. 6.3 | Exceed accumulated driving time during 2 consecutive weeks. | 112 h 30<… | X | ||
C | Breaks | |||||
C1 | Art. 7 | Exceed uninterrupted driving time | 4 h 30<...<5 h | X | ||
C2 | Art. 7 | Exceed uninterrupted driving time | 5 h<...<6 h | X | ||
C3 | Art. 7 | Exceed uninterrupted driving time | 6 h<... | X | ||
D | Rest periods | |||||
D1 | Art. 8.2 | Insufficient daily rest period of less than 11 hours if reduced daily rest period not allowed. | 10 h<…<11 h | X | ||
D2 | Art. 8.2 | Insufficient daily rest period of less than 11 hours if reduced daily rest period not allowed. | 8 h 30<...<10 h | X | ||
D3 | Art. 8.2 | Insufficient daily rest period of less than 11 hours if reduced daily rest period not allowed. | ...8 h 30 | X | ||
D4 | Art. 8.2 | Insufficient reduced daily rest period of less than 9 hours if reduced daily rest period allowed | 8 h <…<9 h | X | ||
D5 | Art. 8.2 | Insufficient reduced daily rest period of less than 9 hours if reduced daily rest period allowed | 7 h<...<8 h | X | ||
D6 | Art. 8.2 | Insufficient reduced daily rest period of less than 9 hours if reduced daily rest period allowed | …<7 h | X | ||
D7 | Art. 8.2 | Insufficient split daily rest period of less than 3 hours + 9 hours | 3 h + (8 h<…<9 h) | X | ||
D8 | Art. 8.2 | Insufficient split daily rest period of less than 3 hours + 9 hours | 3 h + (7 h<…<8 h) | X | ||
D9 | Art. 8.2 | Insufficient split daily rest period of less than 3 hours + 9 hours | 3 h + (…<7 h) | X | ||
D10 | Art. 8.5 | Insufficient daily rest period of less than 9 hours for multi-manning | 8 h<…<9 h | X | ||
D11 | Art. 8.5 | Insufficient daily rest period of less than 9 hours for multi-manning | 7 h<...<8 h | X | ||
D12 | Art. 8.5 | Insufficient daily rest period of less than 9 hours for multi-manning | …<7 h | X | ||
D13 | Art. 8.6 | Insufficient reduced weekly resting period of less than 24 hours | 22 h<…<24 h | |||
D14 | Art. 8.6 | Insufficient reduced weekly resting period of less than 24 hours | 20 h<…<22 h | |||
D15 | Art. 8.6 | Insufficient reduced weekly resting period of less than 24 hours | …<20 h | |||
D16 | Art. 8.6 | Insufficient weekly resting period of less than 45 hours if reduced weekly resting period not allowed | 42 h<…<45 h | X | ||
D17 | Art. 8.6 | Insufficient weekly resting period of less than 45 hours if reduced weekly resting period not allowed | 36 h<…<42 h | X | ||
D18 | Art. 8.6 | Insufficient weekly resting period of less than 45 hours if reduced weekly resting period not allowed | …<36 h | X | ||
E | Types of payment | |||||
E1 | Art. 10.1 | Link between wage and distance travelled or amount of goods carried | X | |||
(*) VSI = Very Serious Infringement SI = Serious Infringement MI = Minor Infringement |
B 782
2. Groups of infringements against Regulation (EEC) No 3821/85No. | Legal basis | Type of infringement | Level of seriousness* | ||
VSI | SI | MI | |||
F | Installation of recording equipment | ||||
F1 | Art. 3.1 | No type approved recording equipment installed and used | X | ||
G | Use of recording equipment, driver card or record sheet | ||||
G1 | Art. 13 | Recording equipment not correctly functioning (for example: recording equipment not properly inspected, calibrated and sealed) | X | ||
G2 | Art. 13 | Recording equipment improperly used (not using a valid driver card, voluntary abuse, etc) | X | ||
G3 | Art. 14.1 | Not carrying a sufficient number of record sheets | X | ||
G4 | Art. 14.1 | Model of record sheet not approved | X | ||
G5 | Art. 14.1 | Not carrying enough paper for printouts | X | ||
G6 | Art. 14.2 | Undertaking not keeping record sheets, printouts and downloaded data | X | ||
G7 | Art. 14.4 | Driver holding more than one valid driver card | X | ||
G8 | Art. 14.4 | Use of driver card which is not the driver’s own valid card | X | ||
G9 | Art. 14.4 | Use of defective or expired driver card | X | ||
G10 | Art. 14.5 | Recorded and stored data not available for at least 365 days | X | ||
G11 | Art. 15.1 | Use of dirty or damaged sheets or driver cards and data legible | X | ||
G12 | Art. 15.1 | Use of dirty or damaged sheets or driver cards and data not legible | X | ||
G13 | Art. 15.1 | Failure to apply for replacement of damaged, malfunctioning, lost or stolen driver card within 7 calendar days | X | ||
G14 | Art. 15.2 | Incorrect use of record sheets/driver card | X | ||
G15 | Art. 15.2 | Unauthorised withdrawal of sheets or driver card which has an impact on the record of relevant data | X | ||
G16 | Art. 15.2 | Unauthorised withdrawal of sheets or driver card without any impact on data recorded | X | ||
G17 | Art. 15.2 | Record sheet or driver card used to cover a period longer than that for which it is intended but no data is lost | X | ||
G18 | Art. 15.2 | Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost | X | ||
G19 | Art. 15.2 | Not using manual input when required to do so | X | ||
G20 | Art. 15.2 | Not using correct sheet or driver card not in the correct slot (multi- manning) | X | ||
G21 | Art. 15.3 | Time recorded on the sheet does not agree with official time of country of registration of the vehicle | X | ||
G22 | Art. 15.3 | Incorrect use of switch mechanism | X |
B 783
H | Fill in information | ||||
H1 | Art. 15.5 | Surname missing on record sheet | X | ||
H2 | Art. 15.5 | First name missing on record sheet | X | ||
H3 | Art. 15.5 | Date of begin or end of use of the sheet missing | X | ||
H4 | Place of begin or end of use of the sheet missing | X | |||
H5 | Registration number missing on record sheet | X | |||
H6 | Odometer reading (start) missing on record sheet | X | |||
H7 | Odometer reading (end) missing on record sheet | X | |||
H8 | Time of change of vehicle missing on record sheet | X | |||
H9 | Art. 15.5a | Symbol of country not entered in recording equipment | X | ||
I | Producing information | ||||
I1 | Art. 15.7 | Refuse to be checked | X | ||
I2 | Art. 15.7 | Unable to produce records of current day | X | ||
I3 | Art. 15.7 | Unable to produce records of previous 28 days | X | ||
I4 | Art. 15.7 | Unable to produce records of the driver card if the driver holds one | X | ||
I5 | Art. 15.7 | Unable to produce manual records and printouts made during the current day and the previous 28 days | X | ||
I6 | Art. 15.7 | Unable to produce driver card | X | ||
I7 | Art. 15.7 | Unable to produce printouts made during the current day and the previous 28 days | X | ||
J | Fraud | ||||
J1 | Art. 15.8 | Falsify, suppress, destroy data recorded on record sheets, stored in the recording equipment or on the driver card or print-outs from the recording equipment | X | ||
J2 | Art. 15.8 | Manipulation of recording equipment, record sheet or driver card which may result in data and/or printouts information being falsified | X | ||
J3 | Art. 15.8 | Manipulation device that could be used to falsify data and/or printouts information present on vehicle (switch/wire …) | X | ||
K | Breakdown | ||||
K1 | Art. 16.1 | Not repaired by an approved fitter or workshop | X | ||
K2 | Art. 16.1 | Not repaired en route | X | ||
L | Manual input on printouts | ||||
L1 | Art. 16.2 | Driver not marking all information for the periods of time which are no longer recorded while recording equipment is unserviceable or malfunctioning | X | ||
L2 | Art. 16.2 | Driver card number and/or name and/or driving licence number missing on temporary sheet | X |
B 784
L3 | Signature missing on temporary sheet | X | |||
L4 | Art. 16.3 | Loss or theft of driver card not formally declared to the competent authorities of the Member State where the theft occurred | X | ||
(*) VSI = Very Serious Infringement SI = Serious Infringement MI = Minor Infringement |
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