S.L. 499.56 Art. 69Sightseeing passengertransport routes.

(1) The Authority may authorise operators, to provide regular passenger services on sightseeing passenger transport routes subject to the following conditions:

(a) operators shall make available to the public all information pertaining to fares, schedules, routes, pick up and drop off points, and any specific restrictions that would restrict any passenger or passenger category from using the service. Such information shall also be available on each passenger transport vehicle operating on such route;

(b) operators and drivers shall comply with all the information made publicly available in terms of paragraph (a);

(c) drivers shall not, while carrying out regular passenger services, pick up and, or drop off passengers on any location other than the pick up and drop off points approved by the Authority along the sightseeing passenger transport route;

(d) operators shall pay the fee established by the Authority for the specific route;

(e) comply with any other conditions stipulated by the Authority.

(2) No operator shall use or permit to be used, any open top bus registered under its operating licence, which was manufactured more than ten years before the entry into force of these regulations, for any purpose other than to service a sightseeing passenger transport route in terms of this regulation: Provided that the operator may also use or permit to be used such open top bus to provide other passenger transport services upon payment of the relative entry fee due in terms of regulation 117.

(3) Passenger transport vehicles authorised to service a sightseeing passenger transport route in terms of this regulation shall be fitted with a tracking device in accordance with the specifications published by the Authority from time to time. The tracking device shall, upon being fitted on the passenger transport vehicle, be inspected by the Authority or a body approved by the Authority, to ensure that it conforms to the specifications published by it. Upon establishing such conformity, an official seal shall be placed on such tracking device by the Authority or a body approved by the Authority, and the operator shall ensure that such seal is not tampered with or broken at any time without the approval of the Authority.

(4) The operator shall ensure that the tracking device installed in each of the passenger transport vehicles operated by him in terms of this regulation is kept in good working condition at all times, that it is not tampered with and that any faults or breakdowns shall be reported immediately to the Authority. When the tracking device installed is in any way defective or tampered with, the operator shall immediately withdraw the passenger transport vehicle from servicing a sightseeing passenger transport route until the tracking device is repaired or replaced.

(5) The driver shall keep the tracking device switched on at all times while on duty, and shall cause the same to record all such information as may be prescribed by the Authority. This information shall be retained by the Operator for a period of three months from when it is recorded. The Operator shall, upon the request of the Authority, submit to the Authority the information recorded by the tracking device in any reasonable form as the Authority may request.

(6) The information recorded by the tracking device shall be admissible as evidence and shall constitute proof of its contents as to the circumstances of date, time and place in which the information was recorded in any proceedings for any breach of these regulations.

(7) The information recorded by the tracking device may be used by the Authority as evidence and shall constitute proof of its contents as to the circumstances of date, time and place in which the information was recorded for the purpose of imposing administrative penalties.

(8) No motor route bus may be used for the purpose of servicing a sightseeing passenger transport route.

(9) Services on sightseeing passenger transport routes shall not be sold on the road other than within five metres of pick-up points mentioned in sub-regulation (1)(c), provided such pick-up points are not within five metres from a bus stage or a taxi stand: Provided that a person selling such services from pick up points or on board the vehicle, shall wear, at all times and in a conspicuous place, an identification tag issued to him by the operator of those services which shall contain a photograph of the person in respect of whom it is issued, his name and his Identity Card number and the name of the operator: Provided further that where a pick-up point sign is located adjacent to a pavement, such services may be sold only on the pavement within the established distance from the pick-up point sign. For the purpose of this sub-regulation "road" shall include the Cirkewwa port terminal and the Mġarr (Gozo) port terminal, where such services may only be sold from authorized booths or authorised commercial premises.

(10) No person shall -

(a) sell, or

(b) cause or permit another person to sell sightseeing passenger transport services in breach of the provisions of sub-regulation (9).

(11) No person shall solicit, whether directly or indirectly, any other person in any location for any sightseeing passenger transport service.