S.L. 499.72 Art. 5Exemption regarding bilateral transport operations in  respect of goods. S.L. 452.82.        S.L.65.21.

(1) A driver shall not be considered to be a posted worker for the purpose of these regulations and for the purpose of the

Posting of Workers in Malta Regulations when performing bilateral transport operations in respect of goods:

Provided that for the purpose of these regulations, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contract, from the Member State of establishment, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.

(2) Drivers performing bilateral transport operations in respect of goods shall be further exempted where the driver performs one activity of loading and, or unloading in the Member States or third countries that the driver crosses, provided that the driver does not load goods and unload them in the same Member State.

(3) Where a bilateral transport operation starting from the Member State of establishment during which no additional activity was performed is followed by a bilateral transport operation to the Member State of establishment, the exemption for additional activities set out in the preceding sub-regulation shall apply to a maximum of two additional activities of loading and, or unloading, under the same conditions set out in the preceding sub-regulation.

(4) The exemptions set out in the sub-regulations (2) and (3)

shall apply only until the 19th of August 2024. After the 19th of

August 2024, the exemptions for additional activities set out in the sub-regulations (2) and (3), shall apply solely to drivers using vehicles fitted with smart tachographs, as stipulated in the Motor Vehicles

(Weights, Dimensions and Equipment) Regulations.