S.L. 499.56 Art. 103Elements of checks.

Quayside or roadside checks shall cover:

(a) daily and weekly driving times, breaks and daily and weekly rest periods, as well as the preceding days’

record sheets which have to be carried on board the passenger transport vehicle and, or the data stored for the same period on the driver card and, or in the memory of the recording equipment and, or on printouts;

(b) the records of the current day of the check and the records of the twenty-eight (28) days prior, for any cases where the passenger transport vehicle’s authorised speed is exceeded, being any period of more than one (1) minute during which the vehicle’s speed exceeds one hundred and five (105) kilometres per hour for category M3 motor vehicles;

(c) where appropriate, momentary speeds attained by the passenger transport vehicle as recorded by the recording equipment in no more than the previous twenty-four hours’ use of the passenger transport vehicle;

(d) the correct functioning of the recording equipment, thus determining the possible misuse of the equipment and, or the driver card, and, or record sheets, and, where appropriate, verification that the posting was notified in accordance with regulation 6 of the Posting of Workers in Malta Regulations;

(e) where appropriate, and with due regard to safety considerations, a verification of the recording equipment installed in vehicles in order to detect the installation and, or use of any device, or devices, intended to destroy, suppress, manipulate or alter any data, or which is intended to interfere with any part of the electronic data exchange between the component parts of recording equipment, or which inhibits or alters the data in such ways prior to encryption;

(f) technical requirements of the regulations regulating weights, dimensions and equipment for the passenger transport vehicles;

(g) extended maximum weekly working times of sixty

(60) hours and other weekly working times as set out in regulations 73 and 74, only where technology enables effective checks to be carried out: Provided that notwithstanding the foregoing paragraphs

(a) to (g), during a roadside or quayside check, the driver shall be allowed to contact the operating centre, the transport manager or any other person or entity in order to provide, before the end of the quayside or roadside check, any evidence which is found to be missing on board; and this without prejudice to the driver’s obligation to ensure the proper use of tachograph equipment.