S.L. 499.68 Art. 67Criminal proceedings and penalties. 

(1) Any person who commits a breach of:

(a) regulation 5(1),

(b) regulation 46(1),

(c) regulation 58(1);

(d) regulation 37A:

Provided that for the purposes of a breach in accordance with sub-paragraph (d), the Authority shall only institute proceedings in terms of sub-regulation (1) if it ascertains that the alleged offender has already been prosecuted and punished in accordance with sub-regulation (2):

Provided further that for the purposes of this sub-regulation the alleged offender may be construed as the driver of the light passenger transport vehicle and, or the holder of the operator’s license. The Authority may decide to suspend the alleged offender’s license, the respective driver’s tag, or any other authorisation, as applicable, and impose penalty points deductions at its sole discretion.

shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding ten thousand euro (€10,000), or to imprisonment for a period of not more than six (6) months, or to both such fine and imprisonment. Furthermore, the court may order the immediate revocation of any authorisation, licence or permit held in terms of these regulations by the person found guilty of such an offence.

(2) Any person who commits a breach of:

(a) regulation 5(4)(f);

(b) regulation 37A;

(c) regulation 38;

(d) regulation 42;

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand euro (€3,000):

Provided that for the purposes of breaches of sub-regulation (2), such breach may subsist at any time following the application and renewal process, and an operator shall comply with the requirements established in these regulations throughout the entire period of activity covered by his operator’s license and the driver’s engagement with the operator:

Provided further that for the purposes of a breach of sub-paragraph (b), the Authority may decide to issue a formal written warning to the alleged offender prior to instituting administrative or criminal proceedings, where it ascertains that the alleged offender has a clean record and that such breach constitutes the first instance of such an act or omission:

Provided further that for the purposes of this sub-regulation, the alleged offender may be construed as either the driver of the light passenger transport vehicle and, or the holder of the operator’s licence.

(3) Any person who commits a breach of regulation 72 shall be guilty of an offence and shall, on conviction, be liable to a fine (ammenda) of two hundred euro (€200).

(4) Any intermediary service provider who commits a breach of any of the conditions stipulated 64, 65 and 66A shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than five hundred euro (€500) and not more than one thousand and two hundred euro (€1,200).

Provided that in the case where the holder of an authorisation to act as an intermediary booking service platform breaches any of the provisions of regulation 66A, resulting in a fleet of light passenger transport vehicles, or part thereof, remaining visible on the platform and, or accepting bookings on the same platform, contrary to any order or decision of the Authority, the competent court shall impose a fine in accordance with sub-regulation (4) separately with regard to each vehicle that remains visible or receives bookings on the intermediary platform. VEHICLE HIRE SERVICES

(5) A person who, for the purpose of obtaining, whether for himself or another, the grant or renewal of any licence, authorisation or permit in terms of these regulations, makes a declaration required by these regulations which he knows to be false, or submits false documentation, shall be guilty of a crime and shall, on conviction, be liable to imprisonment for a period of not more than six (6) months or to a fine (multa) not exceeding twelve thousand euro (€12,000), or to both such fine and imprisonment. Furthermore, the Court shall order the immediate revocation of the licence in relation to which the false declaration was made or the false documentation was submitted as well as any other licence, authorisation and/or permit held in terms of these regulations by the person found guilty of such crime.

(6) With regard to the offences and penalties stipulated in this regulation, the court shall order the Authority to impose on such person one penalty point for every ten euro (€10) or part thereof imposed on such person by way of a fine where such person is a holder of an operator’s licence, or a driver’s permit or an authorisation to act as an intermediary booking service platform, as the case may be.

(7) When a holder of an operator’s licence (being an operator’s licence for light passenger transport services or an operator’s licence for vehicle hire services) or a driver’s permit is found guilty of contravening any of the provisions of the Traffic Regulation Ordinance or any regulations made thereunder, or the Act or any regulations made thereunder, the Court, Local Tribunal or other adjudicating authority shall notify the Authority of such fact, and the Authority shall impose on such person one penalty point for every ten euro (€10) or part thereof imposed on such person by way of a fine.

(8) With regard to the penalties established in sub-regulations

(2) and (3), in the event that the same fact constitutes a violation of any of the provisions of the Traffic Regulation Ordinance or any regulations made thereunder, or the Act or any regulations made thereunder which carries with it a higher penalty than the ones established in sub-regulations (2) and (3), such higher penalty shall apply.

(9) Whosoever shall hinder or obstruct any authorised inspecting officer in the exercise of his powers or duties, or unduly or in any manner whatsoever interfere in the exercise thereof, or refuse to comply with any orders or directives which such authorised inspecting officer may give in the execution of his powers or duties, shall, on conviction, be liable, and without prejudice to any other law, to a fine (multa) of not less than one hundred and twenty euro (€120) and not exceeding two hundred and fifty euro (€250) for a first conviction, and to a fine (multa) of not less than two hundred and fifty euro (€250) and not exceeding one thousand and two hundred euro (€1,200) for each subsequent conviction.

(10) Whosoever shall be found to be in breach of the garaging or off-street parking requirements applicable to light passengers transport vehicles in accordance with regulation 17 shall be subject to the contraventions established in the Fifth Schedule that shall be enforced and managed by the Local Enforcement System Agency as established by the Local Enforcement System (Establishment as an

Agency) Order or any contractor duly authorised by the said Agency and the said Agency shall have the power to remove, store or dispose of any vehicle or affix wheel clamps to any motor vehicle in accordance with the applicable provisions of the Clamping and Removal of Motor Vehicles and Encumbering Objects Regulations.

(11) Any holder of an operator’s licence and, or driver of a light passenger transport vehicle who is found guilty of a breach of article 15I(1)(c) of the Traffic Regulation Ordinance shall, without prejudice to the punishments established in article 15H thereof, upon conviction also be liable to the immediate revocation of any authorisation, licence or permit held in accordance with these regulations by the person found guilty of such offence, and shall be liable to a further fine (multa) not exceeding ten thousand euro (€10,000), or to imprisonment for a period not exceeding six (6) months, or to both such fine (multa) and imprisonment.

(12) (1) Any holder of an operator’s license and, or driver of a light passenger transport vehicle who despite having received a written warning in accordance with sub-regulation (2) is found guilty of a second breach of regulation 37A shall on conviction be liable to a fine of five hundred euro (€500).

(2) Whenever the same license holder and, or driver is found guilty of a third infringement of regulation 37A, he shall on conviction be liable to a fine of one thousand euro (€1,000). The Authority shall also suspend the validity of the relevant driver’s tag for a period of not less than twelve (12) months and impose fifty (50) penalty points on the operator’s license.

(13) Without prejudice to any other provision of these regulations, the Authority shall immediately suspend the validity of the driver’s tag of any driver who is found to have exceeded the legal alcohol limit of zero (0) milligrams per 100 millilitres of blood in accordance with article 15I of the Traffic Regulations Ordinance, pending the outcome of any further proceedings.