S.L. 65.33 Art. 5Operator’s licence. 

(1) No person shall carry out light passenger transport services for hire or reward unless duly authorised under these 

 regulations.





(2) The Authority shall issue the operator’s licence applicable to every natural person or undertaking that offers light passenger transport services and that satisfies the conditions of these regulations and other requisites that the Authority may establish from time to time.

(3) There shall be three (3) different operator licences issued by the Authority, the LPTV1 operator licence, the LPTV2 operator licence and the SOV operator licence and these licences shall be issued in accordance with the characteristics of the applicants and such applicants shall comply with the conditions of these regulations and any other requirements that the Authority may establish from time to time to regulate the operation of the operators who are licensed with these three (3) licences as follows:

(a) in the case of the LPTV1 operator’s licence, the applicants may be natural persons or undertakings that intend to operate a fleet of a maximum of four (4) light vehicles and such applicants shall submit an application that complies with the requirements of regulation 7 and, in the case of an application for renewal, shall satisfy the requirements of sub-regulation (4)(a), (b), (c) and (e);

(b) in the case of the LPTV2 operator’s licence, the applicants may be natural persons or undertakings that are considering operating a fleet of not less than five (5) light vehicles, and such applicants shall submit an application that complies with the requirements of regulation 7A and in the case of an application for renewal, they shall satisfy the requirements of sub-regulation (4):

Provided that the applicable licence of an operator shall be issued in the name of a natural person authorised to represent the undertaking insofar as such applicant is an undertaking and may, together with the payment established in the First Schedule, be transferred with the consent and written authorisation of the Authority, to any other person who satisfies the criteria established by law for the issuance of the applicable licence and who holds a valid authorisation from the relevant undertaking:

Provided further that in any case, a natural person or the natural person authorised in whose name the operator’s licence is issued on behalf of the undertaking, as well as the beneficial owner of an undertaking, shall not have any involvement or participating interest in more than one (1) undertaking licensed in accordance with these regulations as an operator of a vehicle passenger transport service, and therefore shall not submit more than one (1) new application for any licence issued under these regulations, or more than one (1) application for renewal in any one (1) year under these regulations;

(c) in the case of the SOV operator’s licence, the applicants may be either natural persons or undertakings that are considering operating a fleet of motor vehicles for special occasions, and such applicants shall submit an application that complies with the requirements of regulation 7B and in the case of an application for renewal, they shall satisfy the requirements of sub-regulation (4):

Provided that the applicable licence of an operator shall be issued in the name of a natural person authorised to represent the undertaking insofar as such applicant is an undertaking and may, together with the payment established in the First Schedule, be transferred with the consent and written authorisation of the Authority to any other person who satisfies the criteria established by law for the issuance of the applicable licence and who has a valid authorisation from the relevant undertaking:

Provided further that in any case, a natural person or the natural person authorised in whose name the operator’s licence is issued on behalf of the undertaking, as well as the beneficial owner of an undertaking shall not have any involvement or participating interest in more than one (1) undertaking licensed in accordance with these regulations as an operator of a vehicle passenger transport service, and therefore shall not submit more than one (1) new application for whichever licence issued under these regulations, or more than one (1) relevant application for renewal in any one (1) year under these regulations.

(4) Once issued, an operator’s licence shall remain valid unless it is revoked, suspended or surrendered, provided that the VEHICLE HIRE SERVICES

operator submits to the Authority, within one (1) month preceding the first year from the issue of the said licence, and every subsequent year, an application for renewal which shall include:

(a) a conduct certificate issued by the Director, Department of Justice within the Ministry responsible for justice in accordance with article 4 of the Conduct Certificates

Ordinance, containing either a declaration to the effect that the operator is of good conduct, or a declaration containing the convictions of such person by any court of law, whether in Malta or abroad, which are recordable in accordance with the Conduct Certificates Ordinance;

(b) the applicable fee as stipulated in the First Schedule;

(c) in the case of an application for a renewal of an LPTV1 operator licence, the operator applying for such a renewal shall provide a form signed by him within which he shall provide:

(i) a declaration that he has at his disposal the exclusive use of the garaging facility indicated on his license and specify under which title he is making exclusive use of the described facility;

(ii) the address of his operational centre;

(iii) the address of the site and the site plan of each garaging facility described;

(iv) the total number of parking spaces for each garaging facility;

(v) a declaration that these parking spaces are sufficient to park all the light passenger transport vehicles registered under the operator’s license:

Provided that when such operator declares that the title under which he makes exclusive use of the described facility in terms of sub-paragraph (i) is not a title of absolute ownership, such operator shall also provide a declaration signed by the owner and, or any co-owner, wherein said person declares that he is authorising such operator to enjoy the exclusive use of the described facility for a period that covers not less than twelve (12) months from the issuance of the licence:

Provided further that the holder of an LPTV1 operator licence shall be subject for renewal within one (1) month preceding the expiry of two years (2) from the date of issuance of the said licence, and every two (2) years subsequently, provided that the operator remains covered by a lease term or any other valid title in accordance with the first proviso in relation to the garage.

(d) in the case of an application for renewal of an LPTV2 and SOV operator licence, the operator applying for such a renewal shall provide a form signed by him within which he shall provide:

(i) a declaration that he has at his disposal the exclusive use of the garaging facility indicated on his license and specify under which title he is making exclusive use of the described facility;

(ii) the address of his operational centre;

(iii) the relative development permit approving the use of the garaging facility in which the motor vehicles are parked as a public service garage, and provide the details of any such permit;

(iv) the address of the site and the site plan of each garaging facility described;

(v) the total number of parking spaces for each garaging facility;

(vi) a declaration that these parking spaces are sufficient for the parking of all the light passenger transport vehicles that are registered under the operator’s license; and

(vii) a report signed by a warranted architect that confirms the validity of the details submitted in terms of sub-paragraphs (i) to (vi) of this paragraph in relation to each garaging facility described in the operator’s license:

Provided that when such operator declares that the title under which he makes exclusive use of the described facility in terms of sub-paragraph (i) is not a title of absolute ownership, such operator shall also provide a declaration signed by the owner and, or any co-owner, wherein said person declares that he is authorising such operator to enjoy the exclusive use of the described facility for a period that covers not less than twelve (12) months from the issuance of the VEHICLE HIRE SERVICES

license.

(e) a declaration signed by the operator by virtue of which he confirms that he still satisfies the requirement of good conduct and repute and that from the date of issuance of the last certificate referred to in regulation 7(1)(a), he has not been found guilty of any criminal offence in violation of the provisions of regulation 9;

(f) a certificate of compliance from the Jobsplus corporation that certifies that every person that is employed under the operator’s licence is validly employed in accordance with the relevant law.

(5) The documents referred to in sub-regulation (4) shall not be accepted by the Authority if they are submitted in the renewal process more than three (3) months after the date of their issuance.