S.L. 499.72 Art. 8Administrative requirements and control measures.  S.L. 452.82. 

(1) Notwithstanding any additional administrative requirements and control measures stipulated under the Posting of

Workers in Malta Regulations it shall be the duty of the transport operator posting the driver to Malta to notify the competent authority in Malta of the intention to post a driver to Malta prior to the date of posting of the driver, at the latest at the commencement of the posting, using a multilingual standard form of the public interface connected to the Internal Market Information System (IMI), which notification shall contain the relevant information necessary in order to allow factual controls at the workplace and be saved in the IMI repository for a period of twenty four (24) months. This notification shall include:

(a) the identity of the transport operator, at least in the form of the number of the Community licence where this number is available;

(b) the contact details of a transport manager or other contact person in the Member State of establishment to liaise with the competent authority in Malta and to send out and receive documents or notices;

(c) the identity, the address of the residence and the number of the driving licence of the driver;

(d) the start date of the driver’s contract of employment, and the law applicable to it;

(e) the envisaged start and end date of the posting;

(f) the number plates of the motor vehicles;

(g) whether the transport services performed are carriage of goods, carriage of passengers, international carriage or cabotage operations.

(2) It shall be the duty of the transport operator to keep the posting declarations referred to in the preceding sub-regulation up to date in the public interface connected to IMI.

(3) It shall be the duty of the transport operator posting the driver to Malta to ensure that the driver has at his disposal in paper or electronic form and it shall be the duty of the driver to keep and make available when so requested at the roadside or quayside:

(a) a copy of the posting declaration submitted by means of IMI;

(b) evidence of the transport operations taking place in Malta, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8(3) of Regulation (EC) No 1072/2009;

(c) the tachograph records and in particular the country symbols of the Member State in which the driver was present when carrying out international road transport operations or cabotage operations, in accordance with registration and record-keeping requirements under Regulations

(EC) No 561/2006 and (EU) No 165/2014.

(4) The competent authority in Malta, the Authority and, or any authorised inspecting officer, may request for a posted driver to make available, during a roadside or quayside check, in paper or electronic form, the evidence of the relevant international carriages, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8(3) of Regulation (EC) No 1072/2009, and tachograph records, for the purpose of ascertaining if the driver is a posted driver under these regulations:

Provided that it shall be the responsibility of the competent authority in Malta, assisted by the Authority and any authorised inspecting officer, to determine if the driver is a driver under these regulations:

Provided further that the competent authority in Malta and any authorised inspecting officer shall avoid undue delay in the implementation of control measures which may affect the duration and dates of posting, and shall do so through compliance with the Standard Operation Procedure for Road-Side Enforcement of Transport published by the Operations Involving Cross-Border Operations Authority from time to time.

(5) It shall be the duty of the transport operator posting the driver to Malta to send, by means of the public interface connected to the Internal Market Information System (IMI), after the period of posting, at the direct request of the competent authority in Malta, copies of documents referred to in paragraphs (b) and (c) of sub-regulation (3), and documentation relating to the remuneration of the driver in respect of the period of posting, the employment contract or an equivalent document, time-sheets relating to the driver’s work, and proof of payments:

Provided that the transport operator shall send the documentation by means of the public interface connected to IMI no later than eight (8) weeks from the date of the request. If the transport operator fails to submit the requested documentation within that time period, the competent authority in Malta may request, by means of

IMI, the assistance of the competent authorities of the Member State of establishment, in accordance with regulation 7 of the Posting of

Workers in Malta Regulations. When such a request for mutual assistance is made, the competent authorities of the Member State of establishment of the transport operator shall have access to the posting declaration and other relevant information submitted by the transport operator by means of the public interface connected to IMI:

Provided further that the competent authorities of the Member State of establishment shall ensure that they provide the requested documentation to the competent authority in Malta by means of IMI within twenty-five (25) working days from the day of the request for mutual assistance.