S.L. 65.33 Art. 7AApplication for an LPTV2 operator licence.  

(1) An application for the issuance of an LPTV2

operator licence shall be submitted to the Authority in such form and containing such details as may be required by the Authority from time to time, and shall be accompanied by:

(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 Certificate

Ordinance containing either a declaration to the effect that the applicant and, or the person referred to in regulation 6(2) and, or

(3) are of good conduct, or a declaration containing an indication of the convictions of such person by any court of justice, whether in Malta or abroad, which are recordable in accordance with the Conduct Certificate Ordinance:

Provided that if the applicant and, or the persons referred to in regulation 6(2) and, or (3) are not normally resident in Malta, it shall be sufficient for them to provide an extract from their judicial record bearing an apostille, or an equivalent apostilled document issued by the competent judicial or administrative authority of their country of origin or country of residence;

(b) details of the number and class or description of each light passenger transport vehicle intended for use in the business of passenger transport with light vehicles or in the proposed business. Such vehicles shall be registered with the Authority;

(c) a declaration that the applicant has at their disposal for exclusive use, a garage indicated in their licence, which is of sufficient size to accommodate all vehicles registered under the licence, ensuring that each vehicle may enter and exit the garage without requiring another vehicle to be moved. The applicant shall also commit to the Authority that during the validity period of the licence, all vehicles registered thereunder shall, when not in use for provision of services and except as provided in regulation 17, be parked in the garage indicated by the applicant:

Provided that if the applicant declares that their title to VEHICLE HIRE SERVICES

the garage described in this sub-paragraph is not one of absolute ownership, the applicant shall also provide a declaration signed by the owner and, or any co-owner stating that they authorise the applicant to enjoy the exclusive use of the garage for a period of at least twelve (12) months from the date of issuance of the licence;

(d) a report signed by a warranted perit regarding each garage listed in the operator’s licence which shall:

(i) include the addresses and site plans of each listed garage;

(ii) include a declaration that the applicant has the exclusive use of the garage listed in the licence and specifying the title under which the applicant is entitled to such exclusive use;

(iii) include the address of the applicant’s operational centre;

(iv) specify the total number of vehicle parking spaces available in each listed garage;

(v) certify that each garage is of sufficient size to accommodate all vehicles registered under his licence; and

(vi) provide the relevant permit approving the use of the garage for parking vehicles as a public service garage and include details of any such permit:

Provided that the Authority reserves the right to send its own architect to verify the accuracy of the information submitted by the applicant in their application, and the applicant shall in no way obstruct access to the Authority’s officials when conducting unannounced inspections at the sites indicated as garages and, or at the applicant’s operational centre, as applicable;

(e) tax compliance certificate issued by the

Commissioner confirming that the applicant has complied with applicable income tax obligations in accordance with the Income

Tax Act, value added tax obligations in accordance with the

Value Added Tax Act, and obligations under the Final

Settlement System (FSS) rules issued in accordance with the Final Settlement (FSS) Rules, in the financial year immediately preceding the date of application or renewal, as may be applicable:

Provided that the Authority may accept a settlement agreement duly approved by the Commissioner in such cases where the tax compliance certificates cannot be produced by the applicant; and

(f) a declaration signed by a warranted accountant and, or auditor demonstrating the good financial standing of the applicant.

(2) The documents prescribed in sub-regulation (1)(a) shall not be accepted if submitted more than three (3) months after the date of issue.

(3) The Authority may require the applicant to submit all details related to the application referred to in sub-regulation (1) in a formal statement or sworn affidavit as specified by the Authority.

(4) The application for an LPTV 2 operator licence shall be accompanied by the payment of the fee stipulated in the First Schedule:

Provided that when the applicant for an LPTV2 operator licence has more than one (1) garage, the application fee shall nevertheless be as stipulated in the First Schedule for all garages.

(5) In the case that the operator, in addition to an LPTV2 operator licence for light passenger transport services issued under Part II, also holds an operator’s license for vehicle hire services in terms of Part V, he shall be liable to the payment of the relative fee for both operator’s licences.