   MALTA TRANSPORT AUTHORITY g CAP. 332.        1
CHAPTER 332
Amended by:
XXIII. 2000.2.
MALTA TRANSPORT AUTHORITY ACT
Amended by:
XXIII. 2000.3.
To provide for the establishment of a body corporate to be known as the
Malta Transport Authority and for the exercise by or on behalf of that
Authority of functions relating to roads and transport; to provide for the
establishment and functions of Directorates and of the Public Transport
Labour Board; and to make provision with respect to matters ancillary
thereto or connected therewith.
17th April, 1989;
1st September, 1990
ACT IX of 1989, as amended by Acts XI of 1992, XV of 1995, XVI of
1997, XXIII of 2000 and XXVII of 2001; and Legal Notice 280 of 2002.
Preliminary
Short title.
Amended by:
XXIII. 2000.4.
 l. The short title of this Act is the Malta Transport Authority
Act. 
Interpretation. 
Amended by: 
XI.1992.2;
Amended by:
XXIII. 2000.5.
2. In this Act, unless the context otherwise requires -
"advisory committee" or "committee" means an advisory
committee established in accordance with article 29;
"Authority" means the Malta Transport Authority established by
article 3;
"the Board" means the Public Transport Labour Board
established by article 30;
"Chairman" means Chairman of the Authority and includes, in
the circumstances mentioned in article 3(3), the Deputy Chairman
or other person appointed to act as Chairman:
Provided that, in relation to article 29, "Chairman" means the
Chairman of an advisory committee;
"Chief Executive" means the Chief Executive appointed under
article 5;
"contractor" means a person acting in pursuance of an agreement
entered into with the Authority or a Directorate in accordance with
article (5);
"Directorates" means such directorates as are or may be
established under article 5;
"executive and advisory committee" or "committee" means an
executive and advisory committee established in accordance with
article 11;
"financial year" means any period of twelve months ending on
the 30th September;
"licence" means and includes any licence or permit which
under this Act or any other law is required from the Authority or a
Directorate or which the Authority or a Directorate is authorised or
empowered to grant under such Act or other law and "licensee"
shall be construed accordingly;
  2      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
"motor vehicle" means any vehicle propelled by means of a
motor;
"Minister" means the Minister responsible for transport, and
includes any person authorised by such Minister in that behalf;
"public officer", in relation to article 11, has the same meaning
assigned to it by article 124 of the Constitution but does not include
a judge of the Superior Courts or a magistrate of the Inferior
Courts;
"public transport" means the conveyance by a vehicle of
passengers in Malta against compensation, and includes the hiring
of self-drive cars;
"public transport employee" means a person employed in the
conveyance of passengers by a licensed public transport vehicle;
"public transport sector" has the meaning assigned to it by article
29(1);
"public transport vehicle" means any vehicle used or intended to
be used for public transport;
"road" means any street, road or railway and includes any
"arterial road" or "distributor road" as defined in the Structure Plan
approved in accordance with the provisions of the Development
Planning Act, and includes, in relation to any such road -
( a ) any street or arterial or distributor road which has
already been built or which is in the planning or the
construction stage;
( b ) the carriageway thereof as well as any border or other
public open space adjacent and ancillary thereto,
including side margins, central strips, roundabouts,
traffic islands, footways and pavements;
( c ) the foundations, sub-surfaces and surface dressing
thereof;
( d ) sub-ways, overpasses, junctions and intersections,
whether multi-level or otherwise;
( e ) road drainage works and access thereto;
( f ) trenches and trenching works for utilities;
( g ) ducting, conducting and the like for the distribution of
utilities or the provision of services, including works
connected therewith or ancillary thereto and manholes
or other means of access to such utilities or works;
"self-drive car" means any motor vehicle which is licensed and,
or registered to be hired from a public service garage for the
purpose of being driven by a hirer;
"transport of goods" means the transport of goods by land;
 "vehicle" includes any carriage,  karrozzin , cart, car, motorcar,
omnibus, minibus, bicycle, motor-cycle, or other means of
transport by land for the conveyance of persons or transport of
goods.
   MALTA TRANSPORT AUTHORITY g CAP. 332.        3
Non-applicability 
of this Act.
Added by:
XXIII. 2000.6.
2A. This Act shall not apply to the conveyance of persons or
the carriage of goods by sea within or outside the internal or
territorial waters of Malta.
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS OF 
THE AUTHORITY
Establishment and 
composition of the 
Malta Transport 
Authority.
Amended by:
XXIII. 2000.7.
3. (1) There shall be a body, to be known as the Malta
Transport Authority, which shall consist of a Chairman and not less
than four and not more than six other members.
(2) The members of the Authority shall be appointed by the
Minister for a term of one year or for such longer period as may be
specified in the instrument of appointment subject to a minimum of
three years, but the members so appointed may be re-appointed on
the expiration of their term of office.
(3) The Minister may designate one of the other members of
the Authority as Deputy Chairman and the member so designated
shall have all the powers and perform all the functions of the
Chairman during his absence or inability to act as Chairman or
while he is on vacation or during any vacancy in the office of
chairman; and the Minister may also, in any of the circumstances
aforesaid, appoint another person to act as chairman and in such
case the foregoing provisions shall apply in respect of such person.
(4) A person shall not be qualified to hold office as a member
of the Authority if he - 
( a ) is a Minister, Parliamentary Secretary or a member of
the House of Representatives, or
( b ) is a judge or magistrate of the courts of justice;
( c ) has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of his
functions as a member of the Authority:
Provided that the Minister may waive the
disqualification of a person under this paragraph if
such person declares the interest and such declaration
and waiver are published in the Gazette.
(5) Subject to the provisions of this article, the office of a
member of the Authority shall become vacant - 
( a ) at the expiration of his term of office; or
( b ) if any circumstances arise that, if he were not a
member of the Authority, would cause him to be
disqualified for appointment as such.
(6) A member of the Authority may be removed from office by
the Minister if, in the opinion of the Minister, such member is unfit
to continue in office or has become incapable of properly
performing his duties as a member.
(7) If the office of a member of the Authority is vacant or if a
member is for any reason unable to perform the functions of his
office, the Minister may appoint a person who is qualified to be
appointed to be a member to be a temporary member of the
Authority; and any person so appointed shall, subject to the
  4      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
provisions of subarticles (5) and (6), cease to be such a member
when a person has been appointed to fill the vacancy or, as the case
may be, when the member who was unable to perform the functions
of his office resumes those functions.
(8) Any member of the Authority who has any direct or indirect
interest in any contract made or proposed to be made by the
Authority, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest
at the first meeting of the Authority after the relevant facts have
come to his knowledge; such disclosure shall then be recorded in
the minutes of the Authority, and the member having an interest as
aforesaid shall withdraw from any meetings at which such contract
is discussed. Any such disclosure shall be communicated to the
Minister without delay. Where the interest of the member is such as
to disqualify him from remaining a member, he shall report the fact
immediately to the Minister and tender his resignation.
Functions of the 
Authority.
Amended by:
XXIII. 2000.8;
XXVII. 2001.33.
4. (1) The Authority shall have the following functions:
( a ) to plan or provide or secure or promote the provision
of, a properly integrated, safe, economical and
efficient transport system by road by any means
presently obtaining or that may be available in the
future;
( b ) to occupy, construct, re-construct, administer,
maintain, repair and restore roads and to provide or
secure the provision of same and also to provide or
secure the provision of services for such purposes and
to manage and control the necessary works, including
the planning and programming thereof and the
planning and programming for the rebuilding and
reformation of the existing road network, road margins
and areas allocated for utilities:
Cap. 363.
Provided that where the maintenance of any street
or road is the responsibility of a Local Council in
terms of the Local Councils Act, the maintenance of
such street or road shall not, to the extent of such
responsibility, be the function of the Authority:
Provided further that where a street is to be formed
by any other person in accordance with any other law,
it shall not be the function of the Authority to form
such street or road;
( c ) to establish a code of standards and specifications to
be maintained and complied with in the execution of
any works connected with roads which are not arterial
or distributor roads; and for the purposes of this
paragraph, paragraphs ( a ) to ( g ) of the definition of
"road" shall apply to such roads;
( d ) to do all such things as are necessary or expedient for
the testing, registration and licensing of motor vehicles
and the drivers thereof and car park attendants;
( e ) to do all such things as may be necessary for the
   MALTA TRANSPORT AUTHORITY g CAP. 332.        5
regulation, management, safety and control of road
traffic and the transport of persons and goods;
( f ) to determine the short term and long term objectives
for the performance of the above functions;
( g ) to develop the necessary strategy and policies to
achieve these objectives;
( h ) to provide, or secure the provision of such services and
facilities as appear to the Authority to be expedient in
the performance of its functions, including the power
to provide for the accessibility of such services and
facilities by any person irrespective of by whom these
are provided;
( i ) to provide or secure or promote the provision of,
training for persons engaged or to be engaged in the
public transport services and to promote the welfare of
such persons;
( j ) to compile and keep up-to-date records of such data as
it may deem appropriate in connection with its
functions;
( k ) subject to any other provision of law, to regulate the
placing of any billboard, poster, banner, sign
(directional or otherwise) on any road or visible from
any road in connection with the advertising of any
product or activity or for any other purpose;
( l ) to carry on all such activities as may appear to the
Authority to be requisite, advantageous or convenient
to be carried on for or in connection with the
performance of any of the other functions of the
Authority;
( m ) to perform any other function vested in it by or
pursuant to this Act or any other law;
( n ) to advise the Minister on all matters which concern its
functions.
(2) In carrying out its functions under this Act, the Authority
shall ensure that its policies and activities conform with the aims
and objectives of national economic planning from time to time in
force and shall give due consideration to the impact of transport on
the environment.
Conduct of the 
affairs of the 
Authority.
Amended by:
XXIII. 2000.9.
5. (1) Subject to the other provisions of this Act the affairs
and business of the Authority shall be the responsibility of the
Authority, but save as aforesaid, the executive conduct of the
Authority, its administration and organization and the admin-
istrative control of its officers and employees, shall be the
responsibility of the Chief Executive of the Authority, who shall
also have such other powers as may from time to time be delegated
to him by the Authority.
(2) There shall be established the Directorates as listed in the
Schedule, which shall have the responsibilities as described
therein.  The Minister may, after consulting the Authority, by Order
  6      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
in the Gazette, abolish any one or more of the said Directorates,
vary their responsibilities and establish such other Directorates, as
he may from time to time deem appropriate.
(3) The Authority shall vest in the Directorates so established
and subject to the overall supervision and control of the Chief
Executive, such of its functions as relate or are ancillary to the
matters for which they are responsible as will enable the said
Directorates to give effect to the policies of the Authority and to
otherwise discharge effectively and efficiently the functions of the
Authority in their respective areas of operation.
(4) Each of the Directorates so established shall be headed by a
person who shall either be a public officer detailed for duty with
the Authority or any employee of the Authority, or a person
detailed to work for the Authority in accordance with an agreement
made between the Authority and a public or private undertaking, in
any case having adequate experience or knowledge in the
respective area of operation.
(5) The Authority and each of the Directorates may exercise
any one or more of their functions either directly or through any of
their officers or employees authorised for the purpose, or through a
contractor or other person with whom agreement for the
performance of any one or more of such functions has been entered
into:
Provided that nothing in this subsection shall authorise the
Authority to contract out any of its regulatory or licensing
functions.
(6) Where in this Act anything is to be done by or against or
with respect to the Authority, or any notice is to be or may be given
to the Authority, any such thing or notice may also be done by or
against or with respect to or be given to the Directorates under
whose jurisdiction the matter falls by reason of a delegation of
function to such Directorate; and for the purposes aforesaid any
reference in this Act to the Authority includes a reference to the
appropriate Directorate.
(7) The Chief Executive and the heads of the Directorates shall
be appointed by the Authority following consultation with the
Minister for a period of three years and such period may be
extended for further periods of three years each:
Provided that the first Chief Executive and the first head of
each Directorate shall be appointed by the Minister.
(8) The Chief Executive shall attend all the meetings of the
Board but shall not vote at such meetings:
Provided that the Authority may if it so deems fit, require
the Chief Executive not to attend any of the meetings or any part of
a meeting.
(9) The Chief Executive shall be responsible for the
implementation of the objectives of the Authority in the exercise of
its functions and without prejudice to the generality of the
foregoing he shall -
   MALTA TRANSPORT AUTHORITY g CAP. 332.        7
( a ) assume full responsibility for the overall supervision
and control of the Directorates;
( b ) assign to the Directorates such duties which are by, or
in accordance with, the provisions of this Act vested in
such Directorates;
( c ) co-ordinate the workings of the Directorates falling
under his responsibility;
( d ) develop the necessary strategies for the
implementation and continued operation of the
objectives of the Authority;
( e ) advise the Authority on any matter it may refer to him
or on any matter which he considers necessary or
expedient; and
( f ) such other duties as the Authority may assign to him
from time to time.
Relations between 
the Minister and 
the Authority.
Amended by:
XXIII. 2000.10.
6. (1) The Minister may, in relation to matters that appear to
him to affect the public interest, from time to time give to the
Authority directions of a general character, not inconsistent with
the provisions of this Act, on the policy to be followed in the
carrying out of the functions vested in the Authority by or under
this Act, and the Authority shall, as soon as practicable, give effect
to all such directions.
(2) The Authority shall afford to the Minister facilities for
obtaining information with respect to its property and activities and
furnish him with returns, accounts and other information with
respect thereto, and afford to him facilities for the verification of
information furnished, in such manner and at such times as he may
reasonably require.
(3) If the Authority fails to comply with any directions issued
under this section, the Prime Minster may make an order
transferring to the Minister in whole or in part any of the functions
of the Authority.
Legal personality 
and representation 
of the Authority.
Amended by:
XXIII. 2000.11.
7. (1) The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, of suing and being sued, and of doing all such things
and entering into all such transactions as are incidental or
conducive to the exercise or performance of its functions under this
Act, including the lending or borrowing of money.
(2) The legal representation of the Authority shall jointly vest
in the Chairman and the Chief Executive:
Provided that the Authority may appoint any one or more of
its other members or of the officers or employees of the Authority
to appear in the name and on behalf of the Authority in any judicial
proceedings and in any act, contract, instrument or other document
whatsoever:
Provided further that in respect of any matter falling within
  8      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
the functions vested in a Directorate, the legal and judicial
representation of the Authority shall also vest in the head of the
Directorate or in such other member, officer or employee of the
Authority, as the Authority may appoint or authorise for the
purpose.
(3) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairman or by the Chief
Executive or by a head of the Directorate in relation to any matter
delegated to him on behalf of the Authority shall be received in
evidence and shall, until the contrary is proved, be deemed to be an
instrument made or issued by the Authority.
Provisions with 
respect to 
proceedings of the 
Authority.
Amended by:
XXIII. 2000.12.
8. (1) The meetings of the Authority shall be called by the
Chairman, as often as may be necessary but at least once a month,
either on his own initiative or at the request of any two of the other
members.
(2) Half the number of members for the time being constituting
the Authority shall form a quorum. Decisions shall be adopted by a
simple majority of the votes of the members present and voting.
The Chairman, or in his absence the Deputy Chairman or other
person appointed to act as chairman, shall have an initial vote and,
in the event of an equality of votes, a casting vote. Without
prejudice to the other requirements of this Act, no decision shall be
valid which is not supported by at least two members of the
Authority.
(3) Subject to the provisions of this Act, the Authority may
regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act or
proceeding of the Authority shall be invalidated merely by reason
of the existence of any vacancy among the members.
(5) All acts done by any person acting in good faith as a
member of the Authority shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification be afterwards discovered. No act or proceeding of the
Authority shall be questioned on the ground of the contravention,
by a member, of the provisions of article 3(8).
Staff 
appointments.
9. (1) Subject to the provisions of the Constitution and of
any other enactment applicable thereto, and without prejudice to
the other provisions of this Act, the appointment of officials and
other employees of the Authority shall be made by the Authority.
The terms and conditions of employment shall be established by the
Authority with the concurrence of the Minister.
(2) The Authority may, with the approval of the Minister given
after consultation with the Minister responsible for finance,
establish a scheme or schemes, whether by contributory or non-
contributory arrangements or partly by one and partly by the other,
for the payment to its officers and employees, or to their
dependants, on their retirement, death or injury, of pensions,
gratuities and other like benefits.
   MALTA TRANSPORT AUTHORITY g CAP. 332.        9
EXECUTIVE AND ADVISORY COMMITTEES AND OFFICERS AND 
EMPLOYEES OF THE AUTHORITY
Appointment and 
functions of 
officers and 
employees of the 
Authority.
10. The Authority shall appoint and employ, at such
remuneration and upon such terms and conditions as it may, in
accordance with article 9, determine, such officers and employees
of the Authority as may from time to time be necessary for the due
and efficient discharge of the functions of the Authority.
Detailing of public 
officers for duty 
with the Authority.
11. (1) The Prime Minister may, at the request of the
Authority, from time to time direct that any public officer shall be
detailed for duty with the Authority in such capacity and with
effect from such date as may be specified in the Prime Minister’s
direction.
(2) The period during which a direction as aforesaid shall apply
to any officer specified therein, shall, unless the officer retires from
the public service, or otherwise ceases to hold office at an earlier
date, or unless a different period is specified in such direction, end
on the happening of any of the following events, that is to say:
( a ) the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with, the
Authority made in accordance with the provisions of
article 13; or
( b ) the revocation of such direction by the Prime Minister,
in relation to such officer.
(3) Where a direction as aforesaid is revoked by the Prime
Minister in relation to any officer, the Prime Minister may, by
further direction, detail such officer for duty with the Authority in
such capacity and with effect from such date as may be specified in
the Prime Minister’s direction, and the provisions of subarticle (2)
shall thereupon apply to the period of duration of any such further
direction in relation to such officer.
Status of public 
officers detailed 
for duty with the 
Authority.
12. (1) Where any officer is detailed for duty with the
Authority under any of the provisions of article 11, such officer
shall, during the time in which such direction has effect in relation
to him, be under the administrative authority and control of the
Authority but he shall for other intents and purposes remain and be
considered and treated as a public officer.
(2) Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid - 
( a ) shall not during the time in respect of which he is so
detailed- 
(i) be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment under the Government held
by him at a date on which he is so detailed for
duty; or
(ii) be so employed that his remuneration and
conditions of service are less favourable than
those which are attached to the appointment
  10      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
under the Government held by him at the date
aforesaid or which would have become attached
to such appointment, during the said period, had
such officer not been detailed for duty with the
Authority; and
Cap. 93. 
Cap. 58.
( b ) shall be entitled to have his service with the Authority
considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the
Pensions Ordinance and the Widows’ and Orphans’
Pensions Act and of any other right or privilege to
which he would be entitled, and liable to any liability
to which he would be liable, but for the fact of his
being detailed for duty with the Authority.
(3) Where an application is made as provided in subarticle
(2)( a )(i) the same consideration shall be given thereto as if the
applicant had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Authority as aforesaid during the period in which he is so detailed.
Offer of permanent 
employment with 
the Authority to 
public officers 
detailed for duty 
with the Authority.
13. (1) The Authority may, with the approval of the Prime
Minister, offer to any officer detailed for duty with the Authority
under any of the provisions of article 11 permanent employment
with the Authority at a remuneration and on terms and conditions
not less favourable than those enjoyed by such officer at the date of
such offer.
(2) The terms and conditions comprised in any offer made as
aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister offer substantially equivalent or greater benefits.
Cap. 93. 
Cap. 58.
(3) Every officer who accepts permanent employment with the
Authority offered to him under the provisions of subarticle (1)
shall, for all purposes other than those of the Pensions Ordinance
and of the Widows’ and Orphans’ Pensions Act, and saving the
provisions of article 26 of this Act, be deemed to have ceased to be
in service with the Government and to have entered into service
with the Authority on the date of his acceptance, and for the
purposes of the said Ordinance and of the said Act, so far as
applicable to him, service with the Authority shall be deemed to be
service with the Government within the meanings thereof
respectively.
Cap. 58.
(4) Every such officer as aforesaid who, immediately before
accepting permanent employment with the Authority was entitled
to benefit under the Widows' and Orphans' Pensions Act, shall
continue to be so entitled to benefit thereunder to all intents as if
his service with the Authority were service with the Government.
(5) The Authority shall pay to the Government such
   MALTA TRANSPORT AUTHORITY g CAP. 332.        11
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer who has accepted permanent
employment with the Authority as aforesaid during the period
commencing on the date of such officer's acceptance.
Appointment and 
functions of 
executive and 
advisory 
committees. 
Amended by: 
XI.1992.3.
14. (1) With effect from such day or days as the Minister may
by order determine, there shall be in respect of each of such sectors
providing public transport services as the Minister may in any such
order specify (hereinafter referred to as "public transport sector")
an executive and advisory committee which shall, subject to the
provisions of this Act and to the directions of the Authority-
( a ) advise the Authority on any matter relating to or in
connection with the public transport sector in respect
of which it was established including proposals for the
development and reorganization of that sector;
( b ) advise the Authority on the terms and conditions of
service of employees in that sector;
( c ) be responsible for monitoring the prompt and due
execution of the policy and other decisions of the
Authority relating to that sector.
Each executive and advisory committee shall also have such
other functions as may be assigned or delegated to it by the
Authority or by any law.
(2) Subject to the provisions of subarticle (3), the members of
the executive and advisory committee shall be appointed by the
Authority and shall hold office for such period and on such terms
and conditions as the Authority may deem appropriate.
(3) The provisions of subarticle (4)( a ), and of subarticles (5)
and (8) of article 3 shall  mutatis   mutandis  apply to the members of
the executive and advisory committees provided that any reference
to the Minister in subarticle (8) of that article shall, for the purpose
of this subarticle, be construed as a reference to the Authority.
(4) Each executive and advisory committee shall consist of the
following members:
( a ) one member representing the Authority, who shall be
Chairman;
( b ) one member appointed after the Authority has sought
the views of representatives of owners of public
transport vehicles and of employers in the public
transport sector concerned;
( c ) one member appointed after the Authority has sought
the views of representatives of employees in that
sector; 
( d ) one member representing the general public;
( e ) one member appointed by the Authority acting in
accordance with the advice of the Minister.
(5) Each executive and advisory committee shall keep minutes
  12      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
of all its meetings and shall forward copies of such minutes to the
Authority. The provisions of article 8 shall  mutatis   mutandis  apply
to the committee and its acts or proceedings.
THE PUBLIC TRANSPORT LABOUR BOARD
Constitution and 
functions of the 
Public Transport 
Labour Board.
15. (1) There shall be a Board to be known as the Public
Transport Labour Board which shall consist of a Chairman and two
other members.
(2) The Chairman of the Authority shall be the Chairman of the
Board. One of the other members of the Board shall be appointed
by the Authority after it has sought the views of representatives of
employers in the public transport service and the other member
shall be appointed by the Authority after it has sought the views of
representatives of employees in the public transport service; and
the said two other members of the Board shall be so chosen as to
represent equally, in the opinion of the Authority, the interests of
employers and employees.
(3) The members of the Board, other than the Chairman, shall
hold office for such period and on such terms and conditions as the
Authority may deem appropriate.
(4) The Board shall have those functions which may be
assigned to it by any law and shall exercise those functions in
accordance with the provisions of any such law.
(5) The expenses of the Board shall be defrayed out of the
funds of the Authority.
FINANCIAL PROVISIONS
Power to borrow or 
raise capital.
16.  For the purpose of carrying out any of its functions under
this Act, the Authority may, with the approval in writing of the
Minister given after consultation with the Minister responsible for
finance, borrow or raise money in such manner, from such person,
body or authority, and under such terms and conditions as the
Minister, after consultation as aforesaid, may in writing approve.
Advances from 
Government.
17. The Minister responsible for finance may, after
consultation with the Minister, make advances to the Authority of
such sums as he may agree to be required by the Authority for
carrying out any of its functions under this Act, and may make such
advances on such terms and conditions as he may, after
consultation as aforesaid, deem appropriate. Any such advance may
be made by the Minister responsible for finance out of the
Consolidated Fund, and without further appropriation other than
this Act, by warrant under his hand authorising the Accountant
General to make such advance.
Estimates of the 
Authority. 
Amended by: 
XI.1992.4.
18. (1) The Authority shall cause to be prepared in every
financial year, and shall not later than six weeks after the end of
each such year adopt, estimates of the income and expenditure of
the Authority for the next following financial year:
   MALTA TRANSPORT AUTHORITY g CAP. 332.        13
Provided that the estimates for the first financial year of the
Authority shall be prepared and adopted within such time as the
Minister may by notice in writing to the Authority specify.
(2) In the preparation of such estimates the Authority shall take
account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial
year, whether by virtue of this Act or of an appropriation act or of
any other law; and the Authority shall so prepare the said estimates
as to ensure that the total revenues of the Authority are at least
sufficient to meet all sums properly chargeable to its revenue
account, including, but without prejudice to the generality of that
expression, depreciation.
(3) The estimates shall be made out in such form and shall
contain such information and such comparisons with previous years
as the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister and to
the Minister responsible for finance.
(5) The Minister shall, at the earliest opportunity and not later
than six weeks after he has received a copy of the estimates from
the Authority (or if at any time during that period the House is not
in session within six weeks from the beginning of the next
following session), cause such estimates to be laid before the
House together with a motion that the House approves the said
estimates. Not more than one sitting shall be allotted for the debate
in the House of such a motion; and both the motion and the
approval of the estimates by the House may be with or without
amendments to the estimates.
Expenditure to be 
according to 
approved 
estimates.
19. (1) No expenditure shall be made or incurred by the
Authority unless it has been approved by the House as provided in
article 18.
(2) Notwithstanding the provisions of subarticle (1) - 
( a ) until the expiration of six months from the beginning
of a financial year, or until the approval of the
estimates for that year by the House, whichever is the
earlier date, the Authority may make or incur
expenditure for carrying on its functions under this Act
not exceeding in the aggregate one-half of the amount
approved by the House for the preceding financial
year;
( b ) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the Minister
given after consultation with the Minister responsible
for finance, be made or incurred in respect of another
head or sub-head of the estimates;
( c ) in respect of the first financial year, the Authority may
make or incur expenditure until the approval of the
estimates for that year by the House not exceeding in
the aggregate such amounts as the Minister responsible
  14      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
for finance may, after consultation with the Minister,
allow;
( d ) if in respect of any financial year it is found that the
amount approved by the House is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Authority may adopt
supplementary estimates for approval by the House
and, pending such approval but subject to its being
given, may, with the approval of the Minister
responsible for finance given after consultation with
the Minister, incur the relative expenditure or such
part thereof as the said Minister may so approve; and
in any such case the provisions of this Act applicable
to the estimates shall as near as practicable apply to
the supplementary estimates.
Publication of 
approved 
estimates.
20. All estimates and supplementary estimates of the Authority
approved by the House shall, as soon as practicable, be published in
the Gazette.
Accounts and 
audit. 
Amended by:
XVI.1997.8.
21. (1) The Authority shall cause to be kept proper accounts
and other records in respect of its operations, and shall cause to be
prepared a statement of accounts in respect of each financial year.
(2) The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by the Authority and approved by the
Minister:
Provided that the Minister responsible for finance may, after
consultation with the Minister, require the books and accounts of
the Authority to be audited or examined by the Auditor General
who shall for the purpose have the power to carry out such physical
checking and other verifications as he may deem necessary.
(3) After the end of each financial year, and not later than the
date on which the estimates of the Authority are forwarded to the
Minister under article 18, the Authority shall cause a copy of the
statement of accounts duly audited to be transmitted to the Minister
and to the Minister responsible for finance together with a copy of
any report made by the auditors on that statement or on the
accounts of the Authority.
(4) The Minister shall cause a copy of every such statement and
report to be laid before the House together with the motion laid
before the House under article 18.
Deposit of 
revenues and 
payments by the 
Authority.
22. (1) All monies accruing to the Authority shall be paid into
a bank or banks appointed as bankers of the Authority by a
resolution of the Authority. Such monies shall, as far as
practicable, be paid into any such bank from day to day, except
such sum as the Authority may authorise to be retained to meet
petty disbursements and immediate cash payments.
(2) All payments out of the funds of the Authority, other than
petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the Authority as the
Authority shall appoint or designate for that purpose.
   MALTA TRANSPORT AUTHORITY g CAP. 332.        15
(3) Cheques against and withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose
and shall be countersigned by the Chairman or such other member
or officer of the Authority as may be authorised by the Authority
for that purpose.
(4) The Authority shall also make provision with respect to -
( a ) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
( b ) the title of any account held with the bank or banks
into which the monies of the Authority are to be paid,
and the transfer of funds from one account to the other;
( c ) the method to be adopted in making payments out of
funds of the Authority,
and generally with respect to any matter which is relevant to the
proper keeping and control of the accounts and books, and the
control of the finance, of the Authority.
Contracts of supply 
of works.
23. Without prejudice to any directions communicated by the
Minister under article 6(1), the Authority shall not, except with the
approval of the Minister granted for special reasons and after
consultation with the Minister responsible for finance, award or
enter into any contract for the supply of goods or materials or for
the execution of works, or for the rendering of services, to or for
the benefit of the Authority, which is estimated by the Authority to
exceed three thousand liri in value except after notice of the
intention of the Authority to enter into the contract has been
published and competitive tenders have been issued.
Annual Report.
of each financial year, make and transmit to the Minister and to the
Minister responsible for finance a report dealing generally with the
activities of the Authority during that financial year and containing
such information relating to the proceedings and policy of the
Authority as either of the said Ministers may from time to time
require. The Minister shall cause a copy of every such report to be
laid on the Table of the House as soon as practicable.
Exemption from 
taxation.
Substituted by:
XV.1995.9.
25. The Authority shall be exempt from any liability for the
payment of income tax and stamp duty under any law for the time
being in force.
MISCELLANEOUS 
Persons deemed 
public officers. 
Cap.9.
26. The members of the Authority, the members of the
executive and advisory committees and all officers and employees
of the Authority shall be deemed to be public officers or employees
within the meaning of the Criminal Code.
Power to make 
regulations.
Amended by: 
XI.1992.5;
XXIII. 2000.28.
27. (1) The Minister may, after consultation with the
Authority and subject to the provisions of any law regulating the
traffic of vehicles, make regulations in respect of any of the
functions of the Authority.
  16      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
(2) Without prejudice to the generality of the aforesaid power
such regulations may, in particular, provide - 
( a ) for the registration of motor-cars or other vehicles and
the grant, renewal, transfer, suspension and
cancellation of licences in respect of motor-cars or
other vehicles, the drivers thereof, the conductors of
motor buses, car hire garages, and for such other
licenses in connection with motor-cars or other
vehicles and the users thereof as may be necessary;
( b ) for providing for the manner in which application for
the grant, renewal or transfer of licences or of any one
or more classes thereof is to be made; for the contents
of such application; for the manner in which such
licences are to be granted, renewed or transferred; the
form in which such licences are to be issued, the
contents thereof and the manner in which renewals or
transfers thereof are to be indicated;
( c ) for fixing the duration of the validity of licences or of
any one or more classes thereof;
( d ) for making provision to ensure that licences or any one
or more classes thereof will lapse on a specified day or
on specified days;
( e ) for prescribing that any one or more classes of
licensees shall wear such distinctive badges as may be
specified, for determining the fees payable in respect
of such badges and for making other provisions in
respect thereof;
( f ) for prescribing the services which must be given by a
public transport vehicle, the time, manner and
conditions in which or under which such services are
to be given and the place from which orders,
agreements or other arrangements for such services are
to be given or made, and for requiring the distribution
among the owners of public transport vehicles, or of
such part thereof as may be prescribed in the
regulations, of all fares, fees and other receipts
collected by them, in the manner, terms and conditions
prescribed in the regulations;
( g ) concerning the construction, equipment, condition and
maintenance of motor-cars or other vehicles and their
periodical examination by official experts;
( h ) concerning the classification of motor-cars or other
vehicles according to their use as approved by the
Authority;
( i ) for ordering inside motor-cars or other vehicles the
display of any information;
( j ) for prescribing the registers to be kept by licensees of
public transport vehicles, and the information to be
supplied by such licensees;
( k ) for controlling, restricting or prohibiting the passage
   MALTA TRANSPORT AUTHORITY g CAP. 332.        17
or stopping of motor-cars or other vehicles through or
on any road, street, lane, square or other place of
public thoroughfare;
( l ) for pedestrian crossings and for the restriction or
control of the movement of pedestrians in, through or
across any road, street or other places of public
thoroughfare;
( m ) generally for the control or the use of motor-cars or
other vehicles on the road and for the regulation of
traffic of motor-cars or other vehicles;
( n ) concerning the management and supervision of public
transport services and for the maintenance and
enforcement of discipline on those services;
( o ) for prescribing such conditions of work in public
transport services for the protection of the welfare of
public transport employees;
( p ) for establishing the fees leviable in respect of the
grant, renewal or transfer of licences or of any one or
more classes thereof, either by direct determination or
by reference to the manner in which such fees are to be
reckoned; and to make provision for fees leviable in
respect of broken periods:
Provided that regulations under this paragraph
may establish the minimum and the maximum of any
fee leviable in respect of licences or of any one or
more classes thereof, and in such case the fee leviable
in each particular case shall be fixed by and in the
discretion of the Authority;
( q ) for making provision in respect of the refund of fees or
part thereof paid under the provisions of this Act or of
any regulations made thereunder;
( r ) for prescribing a tariff of fares in respect of public
transport vehicles and services;
( s ) for establishing the fees for the provision of any
service or the management of a service by the
Authority or by any person on its behalf or under its
authority, including, without prejudice to the
generality of the foregoing, any fees or other charges
for any service in connection with the regulation of
any activity by the Authority;
( t ) for the making of any deposit or the giving of any
guarantee to ensure the performance of any obligation
by any person imposed as a condition of any permit,
authorisation or licence under this Act;
( u ) for the regulation of public transport and the transport
of goods in general, including the making of codes of
practices to be observed in any matter by persons
involved in such activities;
( v ) for the better carrying out of any of the functions of
  18      CAP. 332. h               MALTA TRANSPORT AUTHORITY  
the Authority in accordance with the provisions of this
Act;
( w ) for establishing the penalties to which any offender
against any regulations made under this Act shall be
liable:
 Provided that no such penalty shall be greater than
a fine ( multa ) of five thousand liri or imprisonment for
a term of six months or to both such fine and
imprisonment.
Amended by:
L.N. 280 of 2002.
SCHEDULE 
gA R T I C L E  5(2)h
Directorates
Subject to the Minister’s powers under article 5(2), there shall be
the following Directorates -
1. Licensing and Testing Directorate - which shall have the
responsibility to do all such things as are necessary and expedient
for the testing, registration and licensing of motor vehicles and the
drivers thereof. 
2. Roads Directorate - which shall have the responsibility for
the occupation, construction and maintenance of roads and to
establish standards and specifications in relation to any works
connected with roads.
3. Traffic Management Directorate - which shall have the
responsibility to maximise the efficiency and safety of road traffic.
4. Public Transport Directorate - which shall have the
responsibility to provide, secure and promote the provision of a
properly integrated, safe, economical and efficient public transport
system.
5. Directorate Corporate Services - which shall have the
responsibility to provide common legal, financial, human resources
and administrative services that are required for the proper
functioning of the Authority.
6. Directorate Transport Strategy - which shall have the
responsibility for the integration of transport research and
infrastructure planning, the development and co-ordination of
transport policies, and the educational aspects of land transport
within the Authority.
