S.L. 499.56 Art. 102Inspections at quayside or roadside.

(1) The Authority shall check on the compliance of the carrier carrying out international road passenger transport services through random checks carried out at the quayside, roadside or at the premises of the undertaking in particular for the purposes of and in accordance with Directive 2006/22/EC 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 Thirteenth Schedule:

Provided that the Authority shall organise checks in such a way that at least three percent (3%) of days worked by drivers of vehicles falling within the scope of Regulations (EC) No 561/2006 and

(EU) No 165/2014 are inspected.

(2) Such checks shall be carried out by authorized inspecting officers using -

(a) equipment capable of downloading data from the passenger transport vehicle unit and driver card of the digital tachograph, reading data, and analyzing data and, or transmitting findings to a central database for analysis,

(b) equipment to check the tachograph sheets, and

(c) specific analysis equipment, with 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: Provided that quayside and roadside checks in compliance with Part XIV shall be limited to aspects that can be checked efficiently through the tachograph and related recording equipment, and comprehensive checks on compliance with these regulations shall be carried out only at the premises of the undertaking.

(2a) The Authority shall target its checks at the transport undertaking, if one or more of the drivers carrying out international road passenger transport services for the same transport undertaking and are found to be continuously or seriously infringing Regulation

(EC) No 561/2006 or (EU) No 165/2014.

(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.

(5) The Authority shall submit information to the Commission in accordance with Article 17 of Regulation (EC) No 561/2006 and Article 13 of Directive 2002/15/EC, which shall include the number of drivers checked at the quayside or roadside, the number of checks at the premises of undertakings, the number of working days when inspections were held and the number and type of infringements reported, and shall indicate whether passengers or goods were transported.

(6) In order to facilitate targeted roadside and quayside checks, the data contained in the risk rating system shall be accessible to the competent enforcement authorities in Malta which are concerned at the time of control.

(7) The Authority shall make the information contained in the risk rating system referred to in sub-regulation (3), directly accessible to the competent enforcement authorities of other Member States in accordance with Article 16(2) of Regulation (EC) No 1071/2009, through interoperable national electronic registers as referred to in Article 16 of that Regulation.

(8) Without prejudice to the Posting of Workers in Malta

Regulations and in order to further enforce the obligations within the Posting of Drivers in Malta Regulations, the Authority shall ensure that a coherent national enforcement strategy is applied in the territory of Malta. This strategy shall focus on undertakings with a high risk rating under the risk rating system, referred to in sub-regulation (3).