Seaman's Handbook

Authority for Transport in Malta Act - Chapter 499

1.

(1)

The short title of this Act is the Authority for Transport in Malta Act.

 

(2)

This Act shall come into force on such date as the Minister may, by notice in the Gazette, appoint and different dates may be so appointed for different provisions or for different purposes of this Act. Interpretation.

 

 

 

2.

 

In this Act, unless the context otherwise requires, the following expressions have the meaning hereby assigned to them:

   

"airport" or "aerodrome" means any area of land or water designed, equipped, set apart or commonly used to provide facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart to provide facilities for the landing and departure of aircraft capable of descending or climbing vertically, and it includes an air passenger terminal, an air cargo terminal and, or an air cargo warehouse as well as all land and facilities pertinent to an airport;

"air transport service" means the carriage of passengers or of mail or of cargo by air for reward;

"aircraft" means any mechanically driven self-propelled device used for transport by air of passengers or cargo and includes aeroplanes, seaplanes, helicopters, light aircraft and microlights;

"authorisation" includes any licence or permit however so described issued by or under this Act to operate, provide or carry out any activity or operation or service however described relating to transport;

"the Authority" means the Authority for Transport in Malta established by article 5;

"boat" means a smal l watercraft , propelled by oars, sails, engines, or other methods;

"Chairperson" means the Chairperson of the Authority and includes, in the circumstances mentioned in article 5(4), the Deputy Chairperson;

"charges" means the charges that may be levied under this Act or any regulations made thereunder;

"Chief Executive Officer" means the Chief Executive Officer of the Authority appointed under article 15;

"contractor" means a person acting in pursuance of an agreement entered into with the Authority or with a Directorate;

"conveyance of persons" means the carriage of passengers by road or by sea or by air for hire or reward;

"decision " includes any determination, measure, order, requirement or specification however so described made by the Authority;

"Directorates " means such di rectorates as are or may be established under article 14(1);

"European Union" has the same meaning as is given to it in the European Union Act;

"fees" means the fees that may be levied under this Act or any regulations made thereunder;

"financial year" means any period of twelve months ending on the 31st December; provided that the first financial year shall start on the coming into force of this Act and shall end on the 31st December of the following year;

"Gazette" means the Malta Government Gazette;

"Government" means the Government of Malta; "goods" includes baggage, animals (whether alive or dead) and other movable property of any kind whatsoever;

"internal waters" includes any harbour, port, bay, cove, creek or seashore; "licence" means and includes any licence or permit which under this Act or any other law is required from the Authority or a
Directorate or which the Authority or a Directorate is authorised or empowered to grant under such Act or other law;

"Local Councils" means the local councils established under the provisions of the Local Councils Act;

"loss or damage", in relation to persons, includes loss of life and personal injury;

"management committee" or "committee" means a management committee established in accordance with article 39;

"master", when used in relation to any ship, means the person having command or charge of the ship for the time being, but does not include a pilot;

"motor vehicle" means any self-propelled road vehicle which is normal ly used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods but does not include agricultural tractors;

"Minister" means the Minister responsible for transport, and includes any person authorised by such Minister in that behalf;

"officer" and "employee" in relation to the Authority includes a public officer detailed for duty with the Authority;

"operator", in relation to an aircraft, means the person for the time being having the management of that aircraft, and cognate expressions shall be construed accordingly;

"owner" in relation to a ship includes the charterer or operator of the ship, and in relation to an aircraft includes the charterer or operator of the aircraft;

"person" includes an association or body of persons, whether registered as a legal person or not;

"pilot" means a person licensed by the Authority for the purpose of conducting ships within Maltese waters;

"port" means the place declared to be a port by or under any law, and may include a yachting centre provided it is so declared under this Act or any other law;

"prescribed" means prescribed under this Act;

"public officer", in relation to article 20, has the same meaning assigned to it by article 124 of the Constitution but does not include a judge of the Superior Courts or a magistrate of the Inferior Courts;

"public passenger transport services" means passenger transport services of general economic interest provided to the public on a non-discriminatory and continuous basis;

"publ ic t ranspor t" means the conveyance by a vehicle of passengers against compensation;

"public transport employee" means a person employed in the conveyance of passengers by a licensed public transport vehicle;

"public transport vehicle" means any vehicle used or intended to be used for public transport;

"rates" means the rates that may be levied under this Act or under any regulations made thereunder;

"reward" includes any form of consideration received or to be received wholly or partly in respect of or in connection with the rendering of a service, irrespective of the person by whom or to whom the consideration has been or is to be given;

"road" includes any street or road however categorised and includes, in relation to any such road -

  • any road which has already been built or which is in the planning or the construction stage;
  • the carriageway thereof as well as any border or other public open space adjacent and ancillary thereto, including side margins, central strips, roundabouts, traffic islands, footways and pavements;
  • the foundations, sub-surfaces and surface dressing thereof;
  • sub-ways, overpasses, junctions and intersections, whether multi-level or otherwise;
  • road drainage works and access thereto, trenches and trenching works for utilities including access thereto, ducting, conducting and the like for the distribution of utilities or the provision of services, including works connected therewith or ancillary thereto and manholes or other means of access to such utilities or works;
  • poles, light fittings, billboards, hoardings, benches, kiosks and any other thing that may be affixed to the surface thereof excluding buildings;
  • road traffic signs or signals, road markings and traffic calming measures, traffic control equipment and related lighting equipment, speed cameras and other road traffic facilities used for traffic management and control;

"ship" means a vessel or craft of every description used in navigation, whether self-propelled or not, and includes barges, oil rigs, pontoons, and any other craft and similar vessels;

"tariff" means the fares or freight rates (including any charges for the carriage of mails) to be charged and any conditions upon which those fares or freight rates depend;

"territorial waters" means the waters described in article 3(1) of the Territorial Waters and Contiguous Zone Act and includes any waters enclosed between the base lines therein mentioned and the coast;

"transport" means the transport of persons or goods whether by air, land or sea;

"transport of goods" means the transport of goods by air, land or by sea for hire or reward;

"utilities" means any service ordinarily used by households or commercial enterprises and which use the road to deliver the service from the service provider to the house or commercial enterprise and includes services such as water, drainage, electricity, cable television, telephony, internet and the like;

"vehicle" includes any motor vehicle, carriage, karrozzin, cart, bicycle, motor-cycle, trailer, semi-trailer, articulated vehicle, road train, articulate bus or other means of transport by road for the conveyance of persons or transport of goods;

"warehouse" means any shed, building, place, wagon, ship or vehicle when used by the Authority, or a contractor for the purpose of warehousing or depositing goods for the purposes of this Act;

"yacht" means a sea going ship used solely for pleasure and
accepted as such by the Authority.