Posts

CIR 08/24 | Declarations for Y-plates (4)

In the latest development of the ongoing saga related to the Y-plate licence renewals, the Ombudsman, through the Commissioner for the Environment and Planning (CEP), has published its Opinion on a complaint filed by an operator “that highlights significant legal anomalies and administrative irregularities surrounding the issuance and renewal of LPTS (Y-Plate) Operator’s Licences in Malta over the past year”.

The CEP made the following statements:

  1. A planning permit for a public service garage is required regardless of the number of cars accommodated in a garaging facility;
  2. There are regulatory inconsistencies in the role of the perit as envisaged in the same legal notice;
  3. The role of periti under these regulations is limited solely to new applicants without an existing operator’s licence;
  4. The Kamra tal-Periti “is correct in issuing the corresponding Circular to Architects, instructing them to ensure that the garage possesses a valid public services garage PA permit.”

 

In concluding the Final Opinion, the CEP called on Transport Malta “to convene discussions with the Planning Authority, the [Kamra tal-Periti], and the Operators to facilitate the necessary amendments to S.L.499.68”.

 

Periti are thus advised to proceed as per circular CIR 04/24 until further notice.

 

Perit André Pizzuto
President

 

Read the full Final Opinion

 

Print version
/by

CIR 04/24 | Declarations for Y-plates (3)

Reference is made to circulars CIR 03/2023 and CIR 04/2023 relative to the ongoing saga related to the housing of private cabs, commonly referred to as Y-plates, when not in use.

We are informed that Transport Malta (TM) is issuing letters informing the public that it shall no longer be requesting a development permit for a public service garage from applicants for an operator licence or its renewal. The purpose of the permit was indeed to confirm compliance with the law.

It is important for members of the profession to understand that a change in submission requirements for Y-plate operators does not in any way imply that the regulations have changed.

Indeed, when being asked to prepare declarations pursuant to sub-regulation 5 (4) (d), periti are to ensure the following:

 

  1. Verify that the garage is covered by a public service garage permit issued by the Planning Authority

 

While TM is the national authority regulating transport operators, land use is regulated by the Planning Authority (PA). Thus, unless authorised by the PA, no garage can be used for light passenger transport service vehicles, commonly referred to as cabs.

This is indeed confirmed in regulation 3 of S.L. 499.68 which defines garaging facility as “any premises which is (sic) off-street and in which the parking or garaging therein of motor vehicles is permitted by the planning authority permit.”

 

 

  1. Verify that there are no permit conditions PROHIBITING the use of the garage for public service vehicles

Most recent development permits carry the following standard condition:

 

1 n) The garage/parking space shall only be used for the parking of private cars and shall be kept available at all times for this purpose.

 

Older permits may have different wording but intend similar outcomes.

In such cases, the garage can only be used for purposes ancillary to the main use of the building, be it residential or commercial.

Periti are required to advise their clients that a change of use development application is required if such permit condition is attached to the property. Only after the commencement notice of such permit is filed can the afore-mentioned declaration be produced.

Among the many issues that this raises, is the PA policy on minimum parking requirements. The change of use of a private garage to a public service garage will inevitably also entail the payment of CPPS.

Please be aware that the TM’s minimum requirements for public service garages have changed from a minimum of 24 sqm accommodating a minimum of two vehicles, to a minimum of one vehicle with no explicit minimum floor area. It is understood, however, that the minimum parking requirements in DC15 are to be used to establish the minimum size of a garage in the case of a change of use.

 

 

 

Periti are thus to ensure that, when drafting afore-mentioned declarations, the cabs can be accommodated in the garage both physically AND legally.

 

The Council will continue to monitor the situation and will advise should there be any updates. Regretfully, despite a short meeting in March with the responsible Minister, we have not had any consultation meetings on this issue since October 2023.

 

Perit André Pizzuto
President

 

Print version
/by

CIR 04/23 | Declarations for Y-plates (2)

The Council is disappointed to note that despite Transport Malta’s promise to consult with it prior to issuing a new legal notice, LN 246 of 2023 was released without any such consultation.

The planning policies to date make no distinction between the number of vehicles owned or garaged by an individual. The standard condition in most permits for residential garages states:

“Any garages/parking spaces shall only be used for the parking of private cars and shall be kept available at all times for this purpose.”

The definition of garaging facility in the legal notice issued is:

“Any premises which is (sic) off-street and in which the parking or garaging therein of motor vehicles is permitted by the relevant planning authority permit.”

The Council therefore urges members of the profession to ensure that any declaration pursuant to light passenger transport services and vehicle hire services is underpinned by the required development permit for public service garages even if there are 5 or fewer cars being parked within the “garaging facility”.

 

Perit André Pizzuto
President

 

Print version
/by

CIR 03/23 | Declarations for Y-plates

The Council of the Kamra tal-Periti has met with Transport Malta senior management to discuss the requirements for periti declarations relative to garages utilised to store chauffeur-driven cars.

Transport Malta was receptive to the concerns expressed by the Kamra and informed its representatives that it shall be publishing a new legal notice that will be replacing
L.N. 111 of 2023. TM promised to consult the Kamra prior to bringing it into force.

TM also advised that we notify all periti to keep all declarations relative Y-plates on hold pending the new legal notice.

 

Perit André Pizzuto
President

 

Print version
/by