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S.L. 499.56 · Passenger Transport Services Regulations (S.L. 499.56)

S.L. 499.56 Art. 6Requirements for an operator’s licence. Cap. 386.

PART II

In KraftAmtlicher Text

(1) An applicant for an operator’s licence shall, before being granted the licence, satisfy the Authority that he -

(a) is of good repute and conduct,

(b) is of appropriate financial standing, and

(c) satisfies the condition as to professional competence.

(2) Where the applicant is a natural person and cannot satisfy the requirement in sub-regulation (1)(c), but satisfies sub-regulation (1)(a) and (b), the Authority may nevertheless issue an operator’s licence provided that he designates to the Authority a designated person who satisfies sub-regulation (1)(a) and (c).

(3) Every applicant for an operator’s licence not being a natural person must indicate a designated person.

(4) (a) Where the applicant for an operator’s licence is a limited liability company, the requirements of sub-regulation (1)(a) must be satisfied by all the directors of the company as well as the designated person, the requirements in sub-regulation (1)(b) must be satisfied by the company and the requirements of sub-regulation (1)(c) must be satisfied by the designated person.

(b) Where the applicant for an operator’s licence is a partnership or a partnership en commandite en nom as defined in the Companies Act, the collectif requirements of sub-regulation (1)(a) must be satisfied by all the partners and the designated person, the requirements in sub-regulation (1)(b) must be satisfied by the partnership and the requirements of sub-regulation (1)(c) must be satisfied by the designated person.

(c) Where the applicant for an operator’s licence is a legal person other than those identified in paragraphs (a) and (b), the requirements of sub-regulation (1)(a) must be satisfied by all persons having the legal and, or judicial representation of such legal person and the designated person, the requirements in sub-regulation (1)(b) must be satisfied by the legal person itself and the requirements of sub-regulation (1)(c) must be satisfied by the designated person.

(5) Where a designated person, ceases to continuously and effectively manage the road passenger transport operation, the operator shall within twenty-one days from that occurrence notify the Authority in writing and the Authority shall allow a period not exceeding three months within which the operator shall designate another designated person, who shall comply with the provisions of sub-regulation (1)(a) and (c).

(6) Where, a person, other than the designated person, who is required to fulfill the requirement stipulated in sub-regulation (1)(a), ceases to occupy his post within a road passenger transport operation, the operator shall within twenty-one days from such occurrence notify the Authority in writing. Any new appointments to such posts shall be likewise notified to the Authority and shall be subject to its approval, which approval shall not be granted unless the persons so appointed fulfill the requirements of these regulations.