S.L. 499.56 Art. 14Checks on compliance.

(1) Without prejudice to regulation 5(4), the Authority shall have the power to carry out random checks, whenever it deems necessary, in order to verify that an operator continues to fulfil the requirements of regulation 6(1) provided that the

Authority shall carry out such compliance checks at least once every five years. For this purpose, the Authority may require the operator or any official or employee of the same to attend before it, or before a person appointed by it, at such time and place as it may specify, to answer questions and provide information and documentation with respect to the road transport operation of the operator. The Authority may take and keep copies of any documents furnished or provided under this regulation. A statement made and documentation provided in pursuance of this regulation may be used in evidence against the operator as well as against any person to whom they relate. Such persons shall comply fortwith, and in no case later than twenty four hours, with any request or order made by the Authority in terms of this regulation.

(2) An operator’s licence may be suspended or withdrawn on any of the following grounds:

(a) where the holder has supplied incorrect information to the Authority in relation to the issue of a licence or under regulation 5(4); or

(b) where the holder has breached any of the conditions of the licence and has not remedied such breach in spite of his having been given written notice of the breach and a reasonable time in which to do so.

(3) An operator’s licence shall be revoked where the holder no longer satisfies the conditions laid down in regulation 6(1): Provided further that where the operator is not considered to be of good repute and conduct solely because any of the persons listed in regulation 6(4) do not comply with the provisions of regulation 6(1), the operator’s licence shall be suspended until the operator substitutes such person with another person who fulfils the requirements of these regulations: Provided further that where the operator fails to fulfil the above mentioned requirement within a period of three months from the date of the sentence or sentences in terms of which the person is not considered to be compliant with the requirements of regulation 6(1), the licence shall be withdrawn ipso jure.

(4) A suspension or revocation in terms of this regulation shall be effected by the Authority of its own motion or by order of a court of criminal jurisdiction: Provided that where the Authority intends to suspend or revoke an operator’s licence 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 the operator’s licence should not be suspended or revoked 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 to suspend or revoke the operator’s licence within thirty days from notification of the Authority’s decision:

Provided further that the suspension of the licence shall have immediate effect notwithstanding any appeal therefrom, unless otherwise ordered by the Tribunal or by a court of criminal jurisdiction: Provided further that a decision of the Authority to revoke an operator’s licence 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.

(5) Where any offences against the rules governing road passenger transport have been committed by an operator who is not normally resident in Malta, and such offence might lead to withdrawal of the operator’s licence, the Authority shall provide the Member State in which the operator is established with all the information in its possession concerning those offences and the penalties imposed.

(6) Where the requirement of financial standing is not fulfilled at the time of checking, the Authority may, where the operator’s other economic circumstances give grounds for assuming that the requirements of financial standing will again be sustainably fulfilled within the foreseeable future on the basis of a financial plan, give further notice of not more than three months.