S.L. 65.19 Art. 64Use of vehicles without drivers.

(1) It shall be possible to use within the territory of Malta vehicles hired by undertakings established in Member States other than Malta provided that:

(a) the vehicle is registered or put into circulation in compliance with the laws of any Member State and, if applicable, used in compliance with Regulations (EC) No 1071/2009 and (EC) No 1072/2009;

(b) the contract relates solely to the hiring of a vehicle without a driver, and is not accompanied by a service contract concluded with the same undertaking covering driving employees or accompanying personnel;

(c) the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract;

(d) the vehicle is driven by personnel of the undertaking hiring it;

(e) proof of compliance with the conditions of paragraphs

(a) to (d) shall be provided by presentation of the following documents in paper or electronic form, which shall be on board the vehicle:

(i) the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the vehicle identification number;

(ii) where the driver is not the person hiring the vehicle, the driver’s employment contract or a certified extract from that contract giving in particular the name of employer, the name of the employee and the date and duration of the employment contract, or a recent pay slip.

(2) Where the Authority deems it necessary, it may replace the documents referred to in paragraph (e) of sub-regulation (1) by an equivalent document issued for that purpose.

(3) The Authority shall enter the registration number of a hired vehicle used by an undertaking which engages in the carriage of goods by road for hire or reward in the national electronic register referred to in regulation 9.

(4) The Authority shall cooperate closely with the competent authorities of other Member States and shall swiftly provide them with mutual assistance and with any relevant information in order to facilitate the implementation and enforcement of this regulation. To this end, the Authority shall designate a national contact point responsible for the exchange of information with the other Member States.

(5) The exchange of information related to this regulation shall take place through the European Registers of Road Transport Undertakings (ERRU) as specified by Commission Implementing Regulation (EU) 2016/480.

(6) The Authority shall ensure that the information received pursuant to this regulation is used only in respect of the matters for which it was requested. Any processing of personal data shall be carried out solely for the purposes of complying with this regulation and shall comply with Regulation (EU) 2016/679.

(7) The Authority shall provide the administrative cooperation and assistance to the competent authorities of other Member States in relation to this regulation free of charge.

(8) A request for information received or made by the Authority in relation to this regulation shall not preclude the requesting competent authorities from taking measures in accordance with the relevant Union and national law to investigate and prevent alleged breaches of rules resulting from the transposition of Directive (EU) 2022/738.

(9) The authority shall take the necessary measures to ensure that the processing of the data referred to in sub-regulation (3) complies with the requirements for the information referred to in Article 16(2), point (g), of Regulation (EC) No 1071/2009 as specified in Article 16(2), third and fifth sub-paragraphs, and in Article 16(3) and (4) of that Regulation.

(10) The Authority shall ensure that the data referred to in sub-regulation (3) is accessible during roadside checks carried out by the enforcement officers of the Authority..