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S.L. 499.72 · Posting Of Drivers In Malta Regulations (S.L. 499.72)

S.L. 499.72 Art. 3Interpretation. Cap. 499.    Cap. 452.  S.L. 452.82.    Cap. 452.    Cap. 499.   Cap. 452.

In KraftAmtlicher Text

In these regulations, unless the context otherwise requires:

"Act" means the Authority for Transport in Malta Act;

"Authority" means the Authority for Transport in Malta as established by of article 5 of the Act;

"authorised inspecting officer" means a Police officer, a community officer or an officer of the Authority;

"cabotage operations" means national carriage for hire or reward carried out on a temporary basis in a host Member State;

"Commission" means the European Commission;

"competent authority in Malta" means the Department responsible for employment and industrial relations as established by the Employment and Industrial Relations Act;

"Directive (EU) 2020/1057" means Directive (EU) 2020/ 1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/ 71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012;

"Internal Market Information System" or "IMI" means the software application developed by the Commission in cooperation with the Member States, in order to assist Member States with the practical implementation of information exchange requirements laid down in Union acts by providing a centralised communication mechanism to facilitate cross-border exchange of information and mutual assistance, as established in Regulation (EU) 1024/2012;

"Member State" means a Member State of the European Union or of the European Economic Area and the European Free Trade Area;

"posted driver" means a driver who, for a limited period, carries out his work in the territory of a Member State other than the State in which he normally works and shall include a driver performing cabotage operations;

"posted worker" shall have the same meaning as that attributed to it in the Posting of Workers in Malta Regulations;

"Regulation (EC) No 561/2006" means Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85;

"Regulation (EC) No 1072/2009" means Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market;

"Regulation (EC) No 1073/2009" means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;

"Regulation (EU) No 1024/2012" means Regulation

(EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (the IMI Regulation);

"Regulation (EU) No 165/2014" means Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport;

"remuneration" means all the constituent elements of remuneration rendered mandatory by the Employment and

Industrial Relations Act, orders or regulations made thereunder;

"sending party" means a transport operator which is established in a different Member State other than Malta;

"transport operator" means a person, whether natural or legal, who is authorised by the competent authority in another Member State to carry out passenger transport services and, or carriage of goods by road, as the case may be, and shall include self-employed drivers.

(2) Subject to the provisions of sub-regulation (1), terms and expressions used in these regulations shall, unless the context otherwise requires, have the same meaning assigned to them in the Act or in the Employment and Industrial Relations Act or any regulations made thereunder.