S.L. 65.21 Art. 2Definitions.

In these regulations, unless the context otherwise requires:

''advanced recording equipment'' means recording apparatus equipped with card readers for insertion of driver memory cards, an integrated or separate printer, display instruments and facilities for downloading the data memory in accordance with the requirements to be established by the Authority; "alternative fuels" means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of:

(a) electricity consumed in all types of electric vehicles;

(b) hydrogen;

(c) natural gas, including biomethane in gaseous form (Compressed Natural Gas – CNG) and liquefied form (Liquefied Natural Gas – LNG);

(d) Liquified Petroluem Gas (LPG);

(e) mechanical energy from on-board storage/on-board sources, including waste heat; "alternatively fuelled vehicle" means a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework of Directive 2007/46/EC; ''articulated vehicle'' means the combination of a mechanically propelled vehicle (other than a bicycle) and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle; ''articulated bus'' means a bus consisting of two rigid sections connected to each other by an articulated section. On this type of vehicle the passenger compartments in each of the two rigid sections shall be intercommunicating. The articulated section shall permit the free movement of travellers between the rigid sections. Connection and disconnection of the two sections shall be possible only in a workshop; ''Authority'' means the Authority for Transport in Malta as established by article 5 of the Authority for Transport in Malta Act; ''bus'' means a vehicle with more than nine seats including the driver’s seat, which is constructed and equipped to carry passengers and their luggage, which may have one or two decks and which may also draw a luggage trailer; ''company data card'' means a removable data transfer and storage device issued by the Authority to the owner of vehicles fitted with recording equipment. The company data card allows for displaying, downloading and printing of the data stored in the recording equipment fitted in the company’s vehicle or vehicles; "conditioned vehicle" means any vehicle whose fixed or movable superstructures are specially equipped for the carriage of goods at controlled temperatures and whose side walls, inclusive of insulation, are each at least 45 mm thick;

''control card'' means a removal data transfer and storage device for use in the card reader of the recording equipment, issued by the Authority to its enforcement section to get access to the data stored in the data memory or in the driver cards for reading, printing and, or downloading;

''the Council Regulation on recording equipment'' means Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transport, as amended; ''data memory'' means an electronic storage system built into the recording equipment, capable of storing at least 365 calendar days from the recording equipment. The memory should be protected in such a way as to prevent unauthorised access to and manipulation of the data and detect any such attempt; "Decision (EU) 2019/984" means Decision (EU) 2019/984 of the European Parliament and of the Council of 5 June 2019 amending Council Directive 96/53/EC as regards the time limit for the implementation of the special rules regarding maximum length for cabs delivering improved aerodynamic performance, energy efficiency and safety performance; "Directive 96/53/EC" means Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic; "Directive (EU) 2015/719" means Directive (EU) 2015/719 of the European Parliament and of the Council of 29 April 2015 amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorized weights in international traffic;

''downloading'' means copy of a part or of a complete set of data stored in the data memory of the vehicle or in the memory of the driver card. Dowloading may not alter or delete any stored data. Downloaded data are protected in such a way as to make attempts to data manipulation detectable; origin of downloaded data must be authenticable. Downloaded data are kept in a format that can be used by any authorised person; ''driver card (with memory)'' means a removable information transfer and storage device allocated by the authorities of the Agreement States to each individual driver for the purposes of identification of the driver and storage of essential data. The format and technical specifications of the driver card (with memory) shall meet the requirements laid down in Chapter IV of Annex I(B) to Council Regulation (EEC) No. 3821/85 on recording equipment in road transport, as amended;

''the European Union'' has the same meaning as is given to it in the European Union Act and includes Norway, Iceland and

Liechtenstein; ''g.v.w.'' means gross vehicle weight;

''gross vehicle weight'' means the road weight specified by the manufacturer as being the maximum design weight capacity for the vehicle, such weight being the combined weight of the vehicle, the maximum specified load, the driver and a tank full of fuel; "indivisible load" means a load that cannot, for the purpose of carriage by road, be divided into two or more loads without undue expense or risk of damage and which owing to its dimensions or mass cannot be carried by a motor vehicle, trailer, road train or articulated vehicle complying with these regulations in all respects; "intermodal transport operation" means:

(a) the combined transport operations defined in Article 1 of Council Directive 92/106/EEC engaged in the transport of one or more containers or swap bodies, up to a maximum length of 45 feet; or

(b) transport operations engaged in the transport of one or more containers or swap bodies, up to a total maximum length of 45 feet, using waterborne transport, provided that the length of the initial or the final road leg does not exceed 150 km in the territory of the Union. The distance of 150 km referred to above may be exceeded in order to reach the nearest suitable transport terminal for the envisaged service in the case of:

(i) vehicles complying with point 2.2.2(a) or (b) of the First Schedule; or

(ii) vehicles complying with point 2.2.2(c) or (d) of the First Schedule, in cases where such distances are permitted in the relevant Member State. For intermodal transport operations, the nearest suitable transport terminal providing service may be located in a Member State in which the shipment was loaded or unloaded; ''main grooves'' means the broad grooves in the central part of the tread surface, which covers about three-quarters of the width of the tread surface; ''maximum authorised dimensions'' means the maximum dimensions for use of a vehicle, as laid down in the First Schedule; ''maximum authorised weight'' means the maximum weight for use of a laden vehicle, as laid down in the First and Second Schedules;

''maximum authorised axle weight'' means the maximum weight of a laden axle or group of axles; as laid down in the First and Second Schedules; ''Member State'' means a Member State of the European Union;

''Minister'' means the Minister responsible for transport in Malta; ''motor vehicle'' means any power-driven vehicle which travels on the road by its own means; ''normal residence'' means the place where a person habitually lives, for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living: Provided that, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in an Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply taking up of normal residence;

''public highway'' means national arterial, distributor, access and local access roads as defined in the Motor Vehicles (Driving

Licences) Regulations; ''recording equipment'' or ''tachograph'' means the total equipment intended for installation in road vehicles to show, record and store automatically or semi-automatically details of the movement of such vehicles and of certain work periods of their drivers. This equipment includes cables, sensors, an electronic driver information device, one (two) card reader(s) for the insertion of one or two driver memory card(s), an integrated or separate printer, display instruments, facilities for downloading the data memory, facilities to display or print information on demand and facilities for the input of the places where the daily work period begins and ends; "Regulation (EU) 2019/1242" means Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO emission performance standards for new heavy-duty vehicles and 2 amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/ EC; ''semi-trailer'' means any vehicle intended to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle with a substantial part of its weight and of the weight of its load being borne by the motor vehicle, and constructed and equipped for the carriage of goods; "shipper" means a legal entity or a natural or legal person who is named on the bill of lading or on an equivalent transport document, such as a "through" bill of lading, as the shipper and, or in whose name or on whose behalf a contract of carriage has been concluded with the transport company; ''speed limitation device'' means a device whose primary function is to control the fuel feed to the engine in order to limit the vehicle speed to the specified value;

''test station card'' means a removable data transfer and storage device for use in the card reader of the recording equipment issued by the Authority to authorised bodies. The test station card identifies the body and allows for testing, calibration and programming of the recording equipment;

''tonne'' means the weight executed by the mass of a tonne and shall correspond to 9,8 kilonewtons (kN);

''tachograph card'' means a smart card intended for use with recording equipment. It allows for identification by the recording equipment of the identity (or identity group) of the card holder and allows for data transfer and storage; ''tractor'' means any mechanically self-propelled vehicle circulating on the road, other than a vehicle running on rails, and specially designed to pull, push or move trailers, semi-trailers, implements or machines; ''trailer'' means any vehicle intended to be coupled to a motor vehicle excluding semi-trailers, and constructed and equipped for the carriage of goods; ''undertaking'' means any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality; ''vehicle combination'' means: - either a road train consisting of a motor vehicle coupled to a trailer; or - an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer; ''workshop or fitter card'' means a tachograph card issued by the Authority to a recording equipment manufacturer, a fitter, a vehicle manufacturer or workshop, approved by the Authority;

"zero-emission vehicle" means a zero-emission heavy-duty vehicle as defined in point (11) of Article 3 of Regulation (EU) 2019/1242 of the European Parliament and of the Council.