S.L. 499.56 чл. 107Criminal proceedings and penalties.

(1) Any person who commits a breach of -

(a) regulation 5(1);

(b) regulation 6(5);

(c) regulation 6(6);

(d) regulation 17;

(e) regulation 22(6);

(f) regulation 27(1);

(g) regulation 38A(1) and (2);

(h) regulation 38E;

(i) regulation 68B;

(j) regulation 68P(2),

(k) regulation 68Q(4), shall be guilty of a crime and shall, on conviction, be liable to imprisonment for a period of not more than six months or to a fine (multa) not exceeding twelve thousand euro (€12,000), or to both such fine and imprisonment. Furthermore, the Court shall order the immediate revocation of any licence and, or permit held in terms of these regulations by the person found guilty of such crime.

(2) A person who, for the purpose of obtaining, whether for himself or another, the grant or renewal of any licence or permit in terms of these regulations, makes a declaration required by these regulations which he knows to be false, shall be guilty of a crime and shall, on conviction, be liable to imprisonment for a period of not more than six months or to a fine (multa) not exceeding twelve thousand euro (€12,000), or to both such fine and imprisonment. Furthermore, the Court shall order the immediate revocation of the licence in relation to which the false declaration was made as well as any other licence and/or permit held in terms of these regulations by the person found guilty of such crime.

(3) A person who commits a breach of any regulation other than the regulations mentioned in sub-regulation (1), and the regulations stipulated in sub-regulations (7), (8), (9) and (10), shall, on conviction, be liable to a fine not exceeding three thousand euro (€3,000). Furthermore, the court or the Local Tribunal shall order the Authority to impose on such person one penalty point for every ten euro (€10) or part thereof imposed on such person by way of a fine in terms of this sub-regulation.

(4) When a person licensed under these regulations is found guilty of contravening any of the provisions of the Traffic Regulation Ordinance or any regulations made thereunder, and, or the Act or any regulations made thereunder, the Court, Local Tribunal or other adjudicating authority shall notify the Authority of such fact, and the Authority shall impose on such person one penalty point for every ten euro (€10) or part thereof imposed on such person by way of a fine in terms of this sub-regulation.

(5) In the event of any infringement by a carrier of any provision in regulations 72 to 78, the Authority shall furthermore have the power to issue warnings to such carrier. In the event of serious or repeated infringements, the Authority, of its own motion or on the order of a Court of Criminal Jurisdiction may furthermore impose on such carrier a temporary prohibition from carrying out transport operations within Malta. Any penalty may also extend to the withdrawal of authorisation to pursue the profession of road passenger transport operator. Provided that where the Authority imposes the temporary prohibition referred to above of its own motion, it shall give the operator concerned notice in writing setting out the reasons for its intention to do so. Every notice given shall state that the operator concerned may, within ten days from service thereof, make representations in writing to the Authority giving reasons why such a prohibition should not be imposed and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the operator concerned. The operator concerned shall have the right to appeal to the Tribunal against the decision of the Authority within a period of thirty days from notification of the Authority’s decision: Provided further that, the decision of the Authority to prohibit the carrier from carrying out transport services in Malta shall not become operative until the expiration of the period within which an appeal may be made under this regulation and, if an appeal is made within such period, the decision shall become operative on the date of the decision of the Tribunal dismissing the appeal or the date on which the appeal is abandoned.

(6) Whosoever shall hinder or obstruct any enforcement officer or any other official appointed by the Authority under these regulations in the exercise of his powers or duties, or unduly or in any manner whatsoever interfere in the exercise thereof, or refuse to comply with any orders or directives which such enforcement officer or official may give in the execution of his powers or duties, shall, on conviction, be liable, and without prejudice to any other law, to a fine (multa) of not less than one hundred and twenty euro (€120) and not exceeding two hundred and fifty euro (€250) for a first conviction, and to a fine (multa) of not less than two hundred and fifty euro (€250) and not exceeding one thousand and two hundred euro (€1,200) for each subsequent conviction.

(7) Any passenger of a motor route bus who commits a breach of regulation 68I or regulation 68J shall be guilty of an offence and shall, on conviction, be liable:

(a) to a fine (ammenda) of not less than twenty euro (€20 ) for a first conviction;

(b) to a fine (ammenda) of not less than seventy euro (€70) for a second conviction; and

(c) to a fine (ammenda) of not less than two hundred and fifty euro (€250) but not exceeding four hundred and fifty euro (€450) for a third or subsequent conviction: Provided that no such conviction shall be deemed to be a second, third or subsequent conviction unless it refers to a second, third or subsequent offence committed within twelve months from the commission of the previous offence.

(8) Any person who commits a breach of regulation 68B(5) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than two hundred and fifty euro (€250) but not exceeding four hundred and fifty euro (€450).

(9) Any person who fails to pay the penalty fare due in terms of regulation 68G(1) and, or who refuses to give the necessary information relating to his details to an authorised officer of the Authority for the purposes of taking legal action against that person in terms of these regulations, shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of two hundred euro (€200).

(10) Any person who commits a breach of regulation 42(3)(a) and (4), of regulation 68O(10)(a) and (11), of regulation 68Q(5), of regulation 68R(10), (11) and (12) and of regulation 69(10)(a) and

(11) shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of not less than one hundred euro (€100) but not more than five hundred euro (€500).