S.L. 65.33 чл. 66ADuties of booking platforms. 

(1) A holder of authorisation to provide an intermediary platform service for bookings shall develop an API in consultation with the Authority to integrate with the Authority’s online monitoring and enforcement system with the scope of enabling the Authority and the intermediary platform to transfer the necessary data between them directly and in real-time without obstruction.

(2) A holder of an authorisation to provide an intermediary platform service for bookings shall, before accepting the first registration of any holder of a light passenger transport service operator’s license on his system, whether he is a self-employed operator or engages or employs a fleet of light passenger transport service vehicles, conduct a due diligence exercise on such operators. This exercise shall gather:

(a) the basic details regarding the operator, including their identity card number and a clear and recent picture clearly showing the full facial features of the operator;

(b) the details necessary to identify the business in the companies registry or the register of legal persons registered in Malta, if applicable;

(c) the VAT number of the operator;

(d) the details regarding the operator’s license issued by the Authority, including the issue and expiry date of the licence and an electronic copy of such licence;

(e) the operator’s contact details, including mobile number, official postal address, and email address;

(f) the details regarding the driver’s licence issued by the Authority or valid in the European Union, the driver’s permit and the vehicle licence related to the operator if they are self-employed and he is the only driver;

(g) in the case of an operator who operates a fleet of light vehicles for passenger transport and employs multiple drivers:

(i) the details listed in paragraphs (a) to (f) relating to each vehicle and driver registered under the operator’s licence, as applicable;

(ii) the details of the Permission to Employ

(PE) number and the employment history document issued by Jobsplus for each driver employed by the operator;

(iii) an electronic copy of the conduct certificate issued by the Director, Department of Justice within the Ministry responsible for justice in terms of article 4 of the Conduct Certificate Ordinance containing a declaration that the employee or the operator, as applicable, is a person of good conduct or a declaration containing an indication of the convictions of the said person by any court in Malta or abroad and they are recordable in terms of the Conduct Certificate Ordinance for each employee employed with said operator and the relative conduct certificate pertaining to the operator himself;

(h) in the case of an operator who offers a service of light passenger transport vehicles that has a fleet of vehicles and employs drivers who are third-country nationals, the details of a valid residence permit issued in accordance with the Single

Application Procedure for a Single Permit as regards Residence and Work and a Common Set of Rights for those Third-Country

Workers legally residing in Malta Regulations, and whenever the third-country national driver is employed on a part-time basis, the operator shall also submit the details of the applicable employment licence issued in accordance with regulation 5 of the

Immigration Regulations by Jobsplus Corporation established by article 5 of the Employment and Training Services Act;

(i) in the case of an operator who offers a service of light passenger transport vehicles that has a fleet of vehicles, details regarding the tracking device of all vehicles.

(3) A holder of an authorisation to provide an intermediary platform service for booking shall before activating the profile of an operator or associated driver register the associated light passenger transport vehicle collect the following details:

(a) a recent set of photographs of the light passenger transport vehicle from various angles;

(b) a valid road circulation licence of the light passenger transport vehicle;

(c) proof of the complete safety kit certification;

(d) a valid airport access sticker, where applicable; and

(e) the first part of the registration certificate of the official vehicle’s logbook. VEHICLE HIRE SERVICES

(4) A holder of an authorisation to provide an intermediary platform service for booking shall keep the details collected in the due diligence process up-to-date by requesting operators to confirm their validity from time to time, but such confirmation shall be carried out at least once per calendar year. These details shall be made accessible for periodic audit by the Authority, which shall have the right to inspect and review such details upon written request made at least seven (7) days prior to the date of access.

(5) A holder of an authorisation to provide an intermediary platform service for booking shall not accept the registration of an operator alone, a fleet operator, or a driver operating a motor vehicle for special occasions and license holders regulated in accordance with the Taxi Services Regulations:

Provided that for the purpose of sub-regulation (5) the Authority shall periodically share extracts from Part VI of its Register with holders of an authorisation to act as an intermediary booking service platform to enable the authorisation holders to exclude these individuals or businesses from the said platforms.

(6) Whenever the Authority makes a written request for data from the platform service provider, the provider shall transfer such data in the format prescribed by the Authority within twenty-four (24) hours of the notification of the Authority’s request:

Provided that the intermediary platform service provider shall have the right to refuse the Authority’s request if they believe that the request is unnecessary, disproportionate or violates Regulation

(EU) 2016/679 of the European Parliament and of the Council of 27

April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), implemented through the Data Protection Act. The Authority and the holder of an authorisation to provide an intermediary platform service for bookings shall have recourse to the decision of the Information and Data Protection Commissioner where the Authority does not revoke the contested request within twenty-four (24) hours from notification of the refusal and the transfer of data remains pending:

Provided further that the platform service provider acknowledges and accepts that the data gathered by the Authority from the platform service provider may be securely transmitted to other public entities within the Government of Malta’s wider administrative structure, including the Commissioner, the Identity Malta Agency established by the Identity Malta Agency (Establishment) Order authorised by the Director for Citizenship and Expatriate Affairs to handle matters relating to residence permits and employment licenses, the Department For Industrial and Employment Relations, and the Jobsplus Corporation established by article 5 of the Employment and Training Services Act.

(7) Whenever the Authority issues a formal notification that a fleet of light vehicles for passenger transport or part thereof has been suspended, confiscated, or removed from the roads or from its corresponding Register for any reason, the holder of an authorisation to provide an intermediary platform service for booking shall within twenty-four (24) hours from the formal notification of the Authority update its systems so that the vehicles concerned are no longer available and do not receive bookings through the intermediary platform.

(8) The holder of an authorisation to provide an intermediary booking platform service for booking shall take all the necessary measures, including but not limited to, the inclusion of features within its relevant online software applications, to preclude a driver of a light passenger transport vehicle from working in a manner which is in breach of the minimum rest obligations in accordance with regulation