S.L. 499.72 Art. 6Exemption regarding bilateral transport operations in respect of passengers. 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 of the Posting of

Workers in Malta Regulations, when performing bilateral transport operations in respect of passengers:

Provided that for the purpose of these regulations, a bilateral transport operation in international occasional or regular carriage of passengers means when a driver performs any of the following operations:

(a) picks up passengers in the Member State of establishment and sets them down in another Member State or a third country;

(b) picks up passengers in a Member State or a third country and sets them down in the Member State of establishment; or

(c) picks up and sets down passengers in the Member State of establishment for the purpose of carrying out local excursions in another Member State or a third country, in accordance with Regulation (EC) No 1073/2009.

(2) Bilateral transport operations in respect of passengers shall be further exempted where in addition to performing a bilateral transport operation, the driver picks up passengers once and, or sets down passengers once in Member States or third countries that the driver crosses, provided that the driver does not offer passenger transport services between two locations within the Member State crossed. The same shall apply to the return journey.

(3) The exemption in the preceding sub-regulation shall apply only until the 19th of August 2024. After the 19th of August

2024, the exemption shall apply solely to drivers using vehicles fitted with smart tachographs, as stipulated in the Motor Vehicles (Weights,

Dimensions and Equipment) Regulations.