Seaman's Handbook

Authority for Transport in Malta Act - Chapter 499

41.

The members of the Authority, the members of the Management Committees and all officers and employees of the Authority shall be deemed to be public officers or employees within the meaning of the Criminal Code.

42.

  • Save as may otherwise be prescribed, no person shall carry out or be engaged in any commercial air, sea or road transport operation or undertaking, or carry out any commercial activity or operation providing services to such an undertaking or operation, unless such person is in possession of a licence, permit or other authorisation issued by the Authority under this Act.
  • Any person who carries out or is engaged in any such operation, undertaking or activity without a licence or who acts in breach of any condition of such licence, shall be guilty of an offence and shall be liable on conviction to a fine (multa) of -
  • The Minister may by order make such incidental, consequential and supplemental provisions as he may deem neces sary or expedient for the purpose of determining, as appropriate, the assets transferred to the Authority by this Act and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Authority by this Act and make such orders as may be necessary to make any powers and dut ies exercisable by the Government , the Malta Maritime Authority or the Malta Transport Authority or the Civil Aviation Department in relation to any of the transferred property or undertakings exercisable by or on behalf of the Authority.
    • not less than 25 but not exceeding 50,000 with
      regards to road transport offences,
    • not less than 25 but not exceeding 150,000 for
      maritime transport offences,
    • not less than 1,500 but not exceeding 250,000 for
      offences relating to civil aviation
  • or to imprisonment for a term not exceeding twenty-four months, or to both such fine and imprisonment.

43

  • The Minister may, after consultation with the Authority, make regulations in respect of any of the functions of the Authority and in connection with any matter relating to transport by road, sea or air.
  • Without prejudice to the generality of sub-article (1) such regulations under this article may, in particular with respect to road transport and vehicles, provide -
    • for the registration of motor vehicles or other vehicles and the grant, renewal, transfer, suspension and cancellation of licences in respect of motor vehicles or other vehicles, the drivers thereof, public transport employees, car hire garages, transport of passengers or
      goods for hire or reward, and for such other licenses in connection with motor vehicles or other vehicles and the users thereof as may be necessary;
    • for providing for the manner in which application for the grant, renewal or transfer of licences or of any one or more classes thereof is to be made; for the contents of such application, for the manner in which such licences are to be granted, renewed or transferred, the form in which such licences are to be issued, the contents thereof and the manner in which renewals or transfers thereof are to be indicated;
    • for fixing the duration of the validity of licences or of any one or more classes thereof;
    • for making provision to ensure that licences or any one or more classes thereof will lapse on a specified day or on specified days;
    • for prescribing that any one or more classes of licensees shall wear such distinctive badges as may be specified, for determining the fees payable in respect of such badges and for making other provisions in respect thereof;
    • for prescribing the services which must be given by a public transport vehicle, the time, manner and conditions in which or under which such services are to be given and the place from which orders, agreements or other arrangements for such services are to be given or made, and for requiring the distribution among the owners of public transport vehicles, or of such part thereof as may be prescribed in the regulations, of all fares, fees and other receipts collected by them, in the manner, terms and conditions prescribed in the regulations;
    • for the construction, equipment, condition and maintenance of motor vehicles or other vehicles and their periodical examination by official experts;
    • for the classification of motor vehicles or other vehicles according to their use as approved by the Authority;
    • for ordering inside motor vehicles or other vehicles the display of any information;
    • for prescribing the registers to be kept by licensees of public transport vehicles, and the information to be supplied by such licensees;
    • for the control, restriction or prohibition the passage or stopping of motor vehicles or other vehicles through or on any road, street, lane, square or other places of public thoroughfare;
    • for pedestrian crossings and for the restriction or control of the movement of pedestrians in, through or across any road, street or other places of public thoroughfare;
    • generally for the control or the use of motor vehicles or other vehicles on the road and for the regulation of traffic of motor vehicles or other vehicles;
    • for the management and supervision of public transport services and for the maintenance and enforcement of discipline on those services;
    • for the conditions of work in public transport services for the protection of the welfare of public transport employees;
    • for establishing the fees leviable in respect of the grant, renewal or transfer of licences or of any one or more classes thereof, either by direct determination or by reference to the manner in which such fees are to be reckoned; and to make provision for fees leviable in
      respect of broken periods:
      Provided that regulations under this paragraph may establish the minimum and the maximum of any fee leviable in respect of licences or of any one or more classes thereof, and in such case the fee leviable in each particular case shall be fixed by and in the discretion of the Authority;
    • for making provision in respect of the refund of fees or part thereof paid under the provisions of this Act or of any regulations made thereunder
    • for prescribing a tariff of fares in respect of public transport vehicles and services;
    • for establishing the fees for the provision of any service or the management of a service by the Authority or by any person on its behalf or under its authority, including, without prejudice to the generality of the foregoing, any fees or other charges for any service in connection with the regulation of any activity by the Authority;
    • for the making of any deposit or the giving of any guarantee to ensure the performance of any obligation by any person imposed as a condition of any permit, authorisation or licence under this Act;
    • for the regulation of public transport and the transport of goods in general, including the making of codes of practices to be observed in any matter by persons involved in such activities;
    • for the powers and duties of officers, employees and or of contractors appointed by the Authority.
  • Without prejudice to the generality of sub-article (1) regulations under this article may, in particular with respect to mari time mat ters, provide for the maintenance, control and management of the territorial and inland waters of Malta, for the conveyance of passengers and transport of goods by sea, for the management of any port or yachting centre and the land and sea approaches to any port or yachting centre and for the maintenance of good order therein and in particular, but without prejudice to the generality of the foregoing, may provide for all or any one or more of the following purposes:
    • the preservation of good order in any part of the territorial and inland waters of Malta, in any port and the land and the sea approaches to any port, and on wharves, and for any other purpose in respect thereof;
    • regulating traffic within the limits of a port or the land and sea approaches thereto;
    • regulating the use of berths, stations and anchorages to be occupied by ships and the removal of ships from one berth, station or anchorage to another, and the time within which such removal is to be effected;
    • regulating ships while taking in or discharging crews, passengers, cargo or ballast, as the case may be, or while taking in fuel or stores;keeping free passages of such width as is deemed necessary, within any port and along, on or near to piers, jetties, landing places, wharves, quays, docks, moorings and similar works in or adjoining the same or similar places, and for marking out the places so to be kept free;
    • regulating, controlling, and prohibiting the presence of any person in any place or building in a port or the use by any person of any such place or building;
    • regulating the anchoring, fastening, mooring and unmooring and warping of ships and the use of warps, mooring, buoys, anchors, chains and other mooring in any port;
    • regulating traffic, preventing obstruction and keeping order on any areas, piers, jetties, landing places, wharves, quays and docks in a port or its land and sea approaches and for ensuring the safety of any of the places and works aforesaid;
    • regulating the use of fires and lights and the signals to be used by day and by night and the measures to be taken in case of fire in a port;
    • regulating the use of navigation lights or signal lights by ships, the use of flags and signals by ships arriving at, lying in or departing from a port and the use by ships of steam whistles, steam sirens and other like instruments;
    • prohibiting chipping, scaling, engine runs and repairs on ships, as the case may be, except at such anchorages or places as the Authority may appoint;
    • regulating the floating of any object in any port or the approaches to a port and the casting or depositing of any dead body, ballast, rubbish or other thing into the territorial and inland waters of Malta, or into any port or the approaches thereto;
    • defining dangerous, hazardous, inflammable, explosive or offensive goods, regulating the movements and berthing of ships carrying such goods and prescribing the duties of masters of any such ship and of persons engaged in or supervising the loading, unloading, landing and transport of any such goods;
    • the prevention, removal and marking of any obstruction in any port and the approaches thereto and the prevention and control of pollution by oil and other substances, or in any other way, of any port and the approaches thereto;
    • regulating the placing and maintaining of moorings and buoys in any port;
    • the taking of measures for preventing ships from leaving any port if over-loaded, improperly loaded, improperly found, or if otherwise unseaworthy, subject to any provisions of any law relating to merchant shipping;
    • the protection of ships, passengers and cargo, and the removal of ships and their cargoes and appurtenances which obstruct or are likely to obstruct any port, the reimbursement of expenses in connection therewith, and the levy and recovery of a rent for permitting a hulk or wreck or wreckage to lie in any port or the approaches thereto;
    • regulating, declaring and defining the wharves, quays, docks, piers and places in the ports, from or on which persons shall be embarked or disembarked and goods loaded or unloaded;
    • regulating the manner in which and the conditions under which the loading and unloading of ships, and the lighterage, handling and warehousing of goods, including the delivery of goods from a warehouse, shall be carried out;
    • regulating the use of warehouses, wharves, quays, docks, piers and other places in ports on or from which goods are loaded or unloaded and the conduct of persons taking part in the loading or unloading of goods on or from a ship in any port;
    • requiring and regulating the issue of a licence to a person to be a ship agent, the conditions under which such licence is issued and the levying of a fee for the issue of such licence, and otherwise regulating and controlling the activities of ship agents and persons representing owners of ships in so far as such activities relate to ships which may be or have been in a port;
    • regulating the manner in which ships left idle in a port in excess of such time as may be allowed by the Authority or practically or wholly unattended or insufficiently manned may be dealt with or disposed of;
    • regulating any of the following:
    • regulating matters concerning porters, carriers and other labourers to be employed within the precincts of a port, the issue of licences for the performance of such occupation and any matter concerning the discipline of such personnel:
      Provided that the service of luggage porters shall be subject to the supervision and control of the Authority:
      Provided further that no responsibility shall attach to the Government or to the Authority for any loss or damage caused during the embarking, disembarking or transhipment of any luggage by any licensed luggage porter;
    • providing for the grant, renewal, cancellation and suspension of licences in relation to ships used for the conveyance of passengers and transport of goods by sea;
    • providing for the establishment and regulation of fares that may be charged for the conveyance of passengers and transport of goods by sea;
    • without prejudice to the requirements under the Merchant Shipping Act, providing for additional requirements in relation to the regulation and licensing of drivers of ships engaged in the conveyance of passengers and transport of goods and other persons employed in the operation of such ships;
    • after consultation with the Malta Communications Authority, to regulate any aspect relating to the use of radio communications by merchant ships;
    • prescribing anything that may or is to be prescribed under this Act or which relates to any function or duty of the Authority assigned to it by or under this Act or by or under any other law.
  • In order to achieve further the purposes of this Act with respect to civil aviation matters, the Minister may by regulation or order make such provision as appears to him to be requisite or expedient -
    • for carrying out or giving effect to any international convention or other international agreements relating to civil aviation to which the Government is or intends to become a party;
    • generally for regulating air navigation;
    • for prescribing or making provision for any matter that is to be or may be prescribed under this Act or under the Civil Aviation Act;
    • for implementing any European Community obligation in matters relating to air transport or civil aviation;as to the registration of aircraft and aircraft mortgages in Malta;
    • for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the regulations or order are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified in the regulations or order;
    • for the licensing, inspection and regulation of aerodromes, for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes;
    • for prohibiting persons from engaging in, or being employed in or in connection with, air navigation in such capacities as may be specified in the regulations or order except in accordance with provisions in that behalf contained in the regulations or order, and for the licensing of those employed at aerodromes in the inspection or supervision of aircraft;
    • as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Malta may fly, and as to the conditions under which aircraft may fly from one part of Malta to another;
    • as to the conditions under which passengers and goods may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes, and for prohibiting the carriage by air of goods of such classes as may be specified in the regulations or order;
    • for minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft;
    • generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph;
    • for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorogical information for the purpose of air navigation;
    • for regulating the making of signals and other communications by or to aircraft and persons carried therein;
    • for establishing any ensign, and for regulating the use of any ensign already established whether by the regulations or order or otherwise, for purposes connected with air navigation;
    • for prohibiting aircraft from flying over such areas in Malta as may be specified in the regulations or order;
    • as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by the regulations or order (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document;
    • for regulating the charges that may be made for the use of aerodromes and for services provided at such aerodromes;
    • for prescribing the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by the regulations or order and in respect of any other matters in respect of which it appears to the Minister to be expedient for the purpose of the regulations or order to charge fees;
    • for exempting from the provisions of the regulations or order or any of them any aircraft or persons or classes of aircraft or persons.
  • Regulations or orders under sub-article (4) may, for the purpose of securing compliance with the provisions thereof, provide for the imposition of penalties not exceeding a fine (multa) of one hundred thousand euro (100,000) or a penalty of more than one thousand and five hundred euro (1,500) for each day that the offence persists and imprisonment for a term nod exceeding six months, and, in the case of any provision having effect by virtue of sub-article (4)(l), may also for that purpose provide for the taking of such steps (including firing on aircraft) as may be specified in the regulations or order.
  • Regulations or orders under this article may, for the purpose of the proper implementation and enforcement thereof, provide for the granting of the power to the Authority to enter and search any premises, to have access to any relevant document in any form, to require any person to supply any relevant information, to carry an on-site inspection, to issue an order to any person to cease from doing any thing which constitutes an infringement of this Act or of any regulation or order made thereunder and to demand from any person an undertaking to desist from doing any such thing and to publish any such undertaking and any decision of the Authority related to the said regulations or orders.
  • Generally, the Minister may also make regulations providing for the discipline of the employees of the Authority or of the contractor, whether regular or casual, and the procedures to be fol lowed for such purpose, including the appointment of a disciplinary board and the conduct and procedure thereof, and providing for the punishments that may be awarded by such board.

44.

Without prejudice to any other special provision of this Act, the Minister may, after consultation with the Authority, make regulations prescribing penalties for criminal offences against any regulations made under this Act, and such regulations may:

  • prescribe imprisonment and different fines (multi) for different offences;
  • prescribe fines (multi) calculated in accordance with the duration of the commission of the offence:
    Provided that any such regulations as may be made shall not provide for:
    • imprisonment for more than eighteen months, or a fine (multa) of more than one hundred
      thousand euro (100,000); or
    • one thousand and five hundred euro (1,500) each day during which the offence persists

45.

Regulations or orders made under this Act may make different provisions with respect to different classes of aircraft, aerodromes, ports, ships, boats, yachts, persons or property connected thereto or with respect to different circumstances and with respect to different parts of Malta.

46.

  • The Authority may refuse to grant or renew a licence or, at any time, suspend a licence for a specified period or revoke it.
  • The Authority may refuse to grant a licence if it is satisfied, on reasonable grounds, that -
    • the applicant has supplied information in or in connection with the application for the licence that was false or misleading, or
    • the applicant has contravened any provision of this Act or of any other Act regulating road transport and traffic or regulations thereunder.
  • The Authority may refuse to renew a licence if it is satisfied, on reasonable grounds, that the licensee -
    • supplied information in or in connection with the application for the renewal of the licence that was false or misleading, or
    • has contravened any provision of this Act or of any other Act regulating road transport and traffic or regulations thereunder,
    • is no longer a fit and proper person to provide a service for which such person is licensed.
  • Where the Authority is satisfied that a licensee has been guilty of misconduct in the course of providing a service or has cont ravened any provi s ion of this Act or of any other Act regulating transport and traffic or regulations thereunder, it may suspend the licence for a specified period or revoke the licence.
  • Where the Authority proposes to refuse to grant or renew a licence, or to suspend or revoke a licence, it shall notify the applicant or licensee of its proposal, giving the reasons for such r efusal , suspens ion or revocation, and shal l consider any representations that are made to it in writing by the applicant or licensee within fourteen days after the said notification.
  • If the Authority, having considered any suchrepresentations, decides to refuse to grant or renew a licence or to suspend or revoke it, it shall notify the applicant or licensee of the decision and the ground leading to such suspension or revocation and of the procedure for appealing against it.

47.

  • The Authority shall have the power to impose in respect of any person who infringes any provisions of this Act or of any regulations made thereunder, or who fails to comply with any directive or decision given by the Authority, an administrative fine using such procedures as may be establ ished in this Act or regulations made thereunder.
  • An administrative fine imposed under sub-article (1) shall not exceed one hundred thousand euro (100,000) for each contravention or one thousand five hundred euro (1,500) for each day of non-compliance, from the date of the decision of the Authority.

48.

The Minister may exempt from the provisions of this Act or any regulations, directive or order made thereunder, or from any of them, any aircraft or ship, boat or yacht or persons or classes of aircraft, ship, boat or yacht or persons.

49.*

  • Any order, rule, regulation, bye-law, notice or other Saving. instrument having the force of law made under the authority of any of the provisions of the enactments listed in the Second Schedule shall continue in force and shall continue to have effect as if made under this Act and may be amended, subst ituted or revoked accordingly.
  • Any licence, permission, authority or order granted or made under any of the provisions of the enactments listed in the Second Schedule and still in force immediately before the date of coming into force of this Act shall as from such date continue in force as if it were a licence, permission, authority or order granted or made under a corresponding provision of this Act, and any such licence, permission, authority or order as aforesaid shall be treated and dealt with accordingly.

50.

The members, officers and employees of the Authority in the performance of their functions under this Act or under any other law administered by the Authority, shall not be liable for any loss or damage suffered by any person by reason of anything done or omitted to be done in good faith in the course of the administration of this Act or of any other law.

51.

The Prime Minister, after consultation with the Minister, may with effect from such date as may be established by notice in the Gazette repeal the Malta Transport Authority Act and different dates may be so establ ished for the revocat ion of different provisions thereof.