[ S.L. 499.57 NEW ROADS AND ROAD WORKS SUBSIDIARY LEGISLATION 499.57 NEW ROADS AND ROAD WORKS REGULATIONS 4th September, 2018 LEGAL NOTICE 291 of 2018, as amended by Legal Notice 159 of 2022. 1. The title of these regulations is the New Roads and Road Works Regulations. Citation. PART I PRELIMINARY PROVISIONS 2. In these regulations, unless the context otherwise requires, the following expressions have the following meanings: Interpretation. "accident report" means a preliminary report drawn up solely for purposes of data management which shall, in as far as possible, include the elements listed in Annex IV to Directive 2008/96/EC; "arterial and distributor roads" has the same meaning as is given to it in the Agency for Infrastructure Malta Act; Cap. 588. "the Agency" shall mean the Agency for Infrastructure Malta as established by and under the Agency for Infrastructure Malta Act; Cap. 588. "the Authority" means the Authority for Transport in Malta established under the Authority for Transport in Malta Act; Cap. 499. "application" means an application for any road works permit; "applicant" means the person commissioning the road works, and includes the Agency for Infrastructure Malta; "certificate of competence" means a certificate of competence issued to road safety auditors by the Authority in terms of Regulation 12D; "Commission" means the European Commission as established by Article 13 of the Treaty on European Union; "communications service provider" means an operator who provides an electronic communications service using, for such purpose, facilities placed in or under or on a public road; "competent entity" means the public entity or private developer that has appointed the road safety auditor for the purposes of carrying out the road safety audits; "completion period" means the specified period in which all works covered by the permit shall be completed; "contractor" means an undertaking commissioned by an 1 2 [ S.L. 499.57 NEW ROADS AND ROAD WORKS applicant to undertake road works and which has the professional and technical means to carry out any road works and which shall annually provide the Authority with a bank guarantee for the amount of up to fifteen thousand euro (€15,000); "Directive 2008/96/EC" means Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management as amended by Directive (EU) 2019/1936 of the European Parliament and of the Council of 23 October 2019; "emergency works" means works which are required to be executed following failure of underground utility or communications services or works the carrying out of which is urgently required in order to prevent or put an end to, or reduce the risk of loss, injury or damage to persons or property; "improvement" includes the widening, re-aligning and reshaping of roads; Cap. 460. "the European Union" has the same meaning as is given to it in the European Union Act and includes Norway, Iceland and Liechtenstein; "guidelines" means measures adopted by the Authority laying down the steps to be followed and the elements to be considered in applying the safety procedures set out in Part II bis; "infrastructure project" means a project for the construction of new road infrastructure or a substantial modification to the existing network which affects the traffic flow; "inhabited area" means any area in which there is an aggregation of residential buildings inhabited or capable of being inhabited by more than one hundred persons, or any other area designated as such by the Minister in consultation with the Authority; Cap. 363. "Local Council" means a local government council established in terms of the Local Government Act; Cap. 552. "local plan" has the same meaning as is given to it in the Development Planning Act; Cap. 588. "local road" has the same meaning as is given to it in the Agency for Infrastructure Malta Act; "maintenance" in relation improvement and management; to public roads includes "major works" means any road works which are neither minor works nor emergency works; [ S.L. 499.57 NEW ROADS AND ROAD WORKS "Planning Authority" means the Planning Authority as established under the Development Planning Act; "Member State" means a Member State of the European Union; "the Minister" infrastructure; means the Minister responsible for "minor works" shall include works consisting of (
- a)the connection of a consumer to a service provided by, or intended to be provided by, a utility service provider or a communications service provider and which includes trenching not exceeding a total area of three square metres; (
- b)using an access hole for the purpose of ducting, assessing, repairing or maintaining infrastructure under a road without effecting traffic flow not requiring excavation; (
- c)the excavation of trial pits to assess or detect buried infrastructure; (
- d)the placing of any thing in any road that directly or indirectly causes obstruction to the traffic flow; (
- e)the installation, repair or maintenance of traffic control items and inhabited road furniture not requiring excavations; (
- f)routine road maintenance in local roads, arterial and distributor roads; "new road" includes the extension of an existing road; "occupier" means any person who is lawfully in possession of or exercising control over any land; "other EU funded road projects" means roads and road infrastructure projects situated outside urban areas which do not serve properties bordering on them, and do not serve asaccess roads to industrial estates or agricultural sites, which are completed using European Union funding in whole or in part; "owner", in relation to land or other immovable property, means any person who owns the land or any person representing the owner in the administration of the land concerned, or acting on behalf of the owner or assuming the character of owner, according to circumstances; "periodic road safety inspection" means an ordinary periodical verification of the characteristics and defects that require Cap. 552. 3 4 [ S.L. 499.57 NEW ROADS AND ROAD WORKS maintenance work for reasons of safety; "permit" means a road works permit required from the Authority under the provisions of these regulations; "person" means any natural or legal person; "primary road" means a road of the highest classification situated outside urban areas, that connects major cities or regions, as classified in the Third Schedule to these regulations;" "project owner" means a person appointed by an applicant for major road works permit, who shall be completely responsible for the application and whose position within the applicant entity would allow him to take decisions on his own in a reasonably short time and give direction to his team; Cap. 588. "private road" has the same meaning as is given to it in the Agency for Infrastructure Malta Act; "public road" means any road not being a private road, which includes both arterial and distributor roads and local roads; "residential building" means a structure used for the dwelling of a person or persons and includes any house, mezzanine, garage, room, store or other building; "RISM Road System" means roads which are part of the TransEuropean Road Network and other primary roads illustrated in the Third Schedule and other EU funded road projects; Cap. 588. "road" has the same meaning as is given to it in the Agency for Infrastructure Malta Act; "road safety audit" means an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to early operation; "road safety impact assessment" means a strategic comparative analysis of the impact of a new road or a substantial modification to the existing network on the safety performance of the road network, as defined in guidelines published by the Authority; "road works" means any intervention on existing roads, including major road maintenance, the breaking up or opening of a road, trenching works, the construction or reconstruction of footways or carriageways, alterations in carriageways and footways, traffic calming measures, the construction or removal of road humps, and any intervention that alters or seeks to re-instate the surface of an existing road; NEW ROADS AND ROAD WORKS [ S.L. 499.57 "routine road maintenance" means actions performed on a regular basis in order to keep a road safe and fit for travel, actions performed to prevent deterioration where possible, and actions performed to return the appearance of the road surface to good condition; it includes, but is not limited to, patching pot holes, surface patching, crack sealing and filling, cleaning of roads, drains and culverts; installing traffic signs and signals; replacing damaged signs and road markings, controlling roadside brush and vegetation; "targeted road safety inspection" means a targeted investigation to identify hazardous conditions, defects and problems that increase the risk of accidents and injuries, based on a site visit of an existing road or section of road; "tenement" means any building or land separated from a road by a wall; "traffic management schemes" means schemes for the management of traffic in various events with a combination of network planning and engineering measures to enhance road safety, with the aim to alleviate the adverse effects of motorized traffic including traffic signal controlled junctions, parking regulation, traffic calming, pedestrian and cycle route improvements and road signing also for road works and temporary situations; "trans-European road network" means the road network identified in Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU, as identified in the Third Schedule; "trenching" means the construction of an excavation made below the surface of the road for the purpose of accessing, installing, repairing and maintaining of utilities under a road; "underground utility" means any electric, communications, water, sewer or drainage service or means of transmission that is installed beneath the surface of a road; "undertaking" means any entity, including any person, engaged in economic activity, regardless of its legal status and the way in which it is financed; "utility service provider" means an authority or an enterprise, the primary business of which is to provide electricity or communication or gas or water or sewage to the public. The utility provider may be the Government or may be publicly or privately owned; "vulnerable road user" means non-motorised road users, including, in particular, cyclists and pedestrians, as well as users of 5 6 [ S.L. 499.57 NEW ROADS AND ROAD WORKS powered two-wheelers. PART II CONSTRUCTION AND MAINTENANCE OF ROADS Notice. Cap. 588. 3. Whenever, in terms of the exercise of its functions under article 6 of the Agency for Infrastructure Malta Act, a new road is being constructed or re-constructed or an existing road is being widened or deviated by the Agency, the Agency shall cause a notice, accompanied by a plan showing the proposed new road or the portion of the road intended to be widened or deviated, and the lands through which it is to pass, to be published in the Gazette and in any newspaper. Code of Practice. 4. The Authority may prepare and publish a Code of Practice setting out best principles of good practice with respect to road works applicable to any person conducting such roads works and in particular to minimise disruption and inconvenience during road works. Compliance with standards. Amended by: L.N. 159 of 2022. 5.
(1)The designing, building, or the carrying out of maintenance or other works on any road shall comply with the following Design and Construction Standards for Road Works, which shall be accessible to the public at the offices of the Authority, during normal office hours or on any online medium: (
- i)Volume 1- Specifications for Road Works; (
- ii)Volume 2 - Notes for Guidance on the Specification for Road Works; (iii) Volume 3 - Road Construction Details; (
- iv)Volume 4 - Method of Measurement for Road Works and Notes for Guidance of Measurement of Road Works; (
- v)Bridges; Volume 5 - Design Manual for Roads and (
- vi)Volume 6 - Guidelines for the Standard Presentation of Design Documents for Road Construction; (vii) Volume 7 - Directives for the Standardisation of Pavements for Traffic Areas: Provided that the geometrical standards for road design set out in Volume 5 of the Design and Construction Standards for Road Works specified in regulation 5
(1)(v) shall only be complied with so far as it is practicable, and where such standard cannot be complied with approval is sought from the Authority following consultation with the NEW ROADS AND ROAD WORKS [ S.L. 499.57 7 Agency.
(2)Without prejudice to any action that may be exercisable against any person who designs or builds any road in contravention of this regulation, nothing in this regulation shall be construed as granting a right to any person against the Authority or against the Government or other public authority or Agency or against any person acting in his or her official capacity as an officer or an employee of Government or of any such aforesaid authority or agency in respect of failure of any road to conform to the performance associated with the Design and Construction Standards for Road Works stipulated in this regulation.
- Repealed by Legal Notice 159 of
- Road safety impact assessments.
- Repealed by Legal Notice 159 of
- Road safety audits.
- Repealed by Legal Notice 159 of
- Audits to be carried out by qualified auditors.
- Repealed by Legal Notice 159 of
- Safety audit.
- Repealed by Legal Notice 159 of
- Safety ranking of the road network.
- Repealed by Legal Notice 159 of
- Public to be informed of road repairs and signs to be placed thereon.
- Repealed by Legal Notice 159 of
- Safety inspections. Part II bis Road Safety Infrastructure Management 12A.
(1)This Part establishes the requirements for and sets out implementation of procedures relating to road safety impact assessments, road safety audits, road safety inspections and network-wide road safety assessments. These regulations shall apply to the RISM Road System, whether they are in the design stage, under construction or in operation.
(2)This Part shall not apply to roads in tunnels covered by subsidiary legislation on Safety Requirements for Tunnels in the Trans-European Road Network Regulations. 12B.
(1)A road safety impact assessment shall be undertaken by the Agency on all infrastructure projects on the RISM Road System. The road safety impact assessment shall be carried out at the initial planning stage before the infrastructure project is approved.
(2)The Agency shall endeavour to meet the elements set out in Annex I to Directive 2008/96/EC when carrying out the road safety impact assessment.
(3)The assessment in sub-regulation
(1)shall take into Scope. S.L. 499.60. Road safety impact Assessments for infrastructure projects. 8 [ S.L. 499.57 NEW ROADS AND ROAD WORKS account the needs of vulnerable road users. Road safety audits for infrastructure projects.
(4)The road safety impact assessment shall indicate the road safety considerations which contribute to the choice of the proposed solution. It shall further provide all relevant information necessary for a cost-benefit analysis of the different options assessed. 12C.
(1)A road safety auditor shall be appointed to carry out road safety audits on all infrastructure projects on the RISM Road System.
(2)The appointed road safety auditor shall carry out an audit of the design characteristics of an infrastructure project and shall endeavour to meet the criteria set in Annex II to Directive 2008/96/ EC.
(3)Road safety audits shall form an integral part of the design process of an infrastructure project which shall be carried out at the following different stages of a project: (
- a)the preliminary design phase, (
- b)the detailed design stage and during construction of the project, (
- c)prior to opening to traffic, and (
- d)approximately a year after opening to traffic.
(4)Road safety audits shall conform to standards produced by the Authority which shall as much as possible meet the criteria set out in Annex II to Directive 2008/96/EC.
(5)Road safety audits shall take into account the needs of vulnerable road users.
(6)The appointed road safety auditor shall set out safety critical design elements in an audit report for each stage of the infrastructure project. Where unsafe features are identified in the course of the audit, but the design is not rectified before the end of the appropriate stage as referred to in Annex II to Directive 2008/ 96/EC, the competent entity shall state the reasons thereof in an annex to that report. Road Safety Auditors.
(7)The audit report referred to in sub-regulation
(6)shall result in relevant recommendations from a safety point of view. 12D.
(1)The Authority shall ensure that road safety auditors carrying out the functions stipulated in regulation 12C undergo initial training resulting in the awarding of a certificate of competence.
(2)The holder of a certificate of competence must take part in further periodic training courses, at a periodicity determined by the Authority.
(3)The Authority shall recognise certificates of competence issued to road safety auditors before the 19 December 2010. NEW ROADS AND ROAD WORKS [ S.L. 499.57 9
(4)The road safety auditors must have relevant experience or training in road design, road safety engineering and accident analysis.
(5)The road safety auditors shall not have been or be involved in the conception or operation of the infrastructure project for which they have been engaged to carry out the audit.
(6)Where audits are undertaken by teams, at least one member of the team shall hold a certificate of competence.
(7)For road safety auditors taking their training from the 17th December 2024, the Authority shall provide training curricula for road safe ty auditors w hich shall inc lude a spects related to vulnerable road users and the infrastructure for such users. 12E.
(1)Network-wide road safety assessments shall be carried out by the Authority on the RISM Road System. The first networkwide road safety assessment shall be carried out by 2024 and shall thereafter be carried out at least every five years. Network-wide road safety assessment.
(2)Network-wide road safety assessments shall evaluate accident and impact severity risk, based on: (
- a)primarily, a visual examination, either on site or by electronic means, of the design characteristics of the road (in-built safety); and (
- b)an analysis of sections of the road network which have been in operation for more than three years and upon which a large number of serious accidents in proportion to the traffic flow have occurred.
(3)The assessment referred to in sub-regulation
(1)shall conform to the standards and guidelines issued by the Authority which may take into account the indicative elements set out in Annex III to Directive 2008/96/EC.
(4)Network-wide safety assessments shall take into account the needs of vulnerable road users.
(5)On the basis of the results of the assessment referred to in sub-regulation
(1), and for the purpose of prioritisation of needs for further action, the Authority shall classify the RISM Road System in no fewer than three categories according to their level of safety. 12F.
(1)The Authority shall undertake periodic road safety inspections in respect of the RISM Road System with sufficient frequenc y to safeguard adequa te safety l evels for the road infrastructure in question.
(2)Periodic road safety inspections shall take into account the needs of vulnerable road users. Periodic road safety inspections. 10 [ S.L. 499.57 NEW ROADS AND ROAD WORKS
(3)Joint road safety inspections between the Authority and the designated entity responsible for tunnel management shall be carried out on the sections of road network adjoining road tunnels falling within the scope of the Safety Requirements for Tunnels in the Trans-European Road Network Regulations, at least every six years. S.L. 499.60. Follow-up procedures for roads in operation.
(4)The Authority shall adopt guidelines on temporary safety measures applying to road works and shall also implement an appropriate inspection scheme to ensure that those guidelines are properly applied. 12G.
(1)The Authority shall ensure that the findings of networkwide road safety assessments carried out in terms of regulation 12E are followed up either by targeted road safety inspections or by direct remedial action by the entity responsible.
(2)Targeted road safety inspections may take into account the indicative elements set out in Annex IIa to Directive 2008/96/EC and shall take into account the needs of vulnerable road users.
(3)Targeted road safety inspections shall be carried out by expert teams, with at least one team member possessing relevant experience or training in road design, road safety engineering and accident analysis.
(4)The Authority shall follow up on the findings of the targeted road safety inspection and determine whether remedial action is necessary by means of a reasoned decision.
(5)The reasoned decision referred to in sub-regulation
(4)shall identify the road sections where road infrastructure safety improvements are needed and set out prioritised actions needed to improve the safety of those road sections.
(6)Remedial action shall be primarily targeted at those road sections with low safety levels which have high potential for safety development and accident cost savings. Voluntary reporting. Data Management.
(7)The Authority shall prepare and regularly update a riskbased prioritised action plan to monitor the implementation of identified remedial action. 12H. The Authority is responsible for establishing a national system for voluntary reporting, accessible online to all road users, to facilitate the collection of details of occurrences transmitted by road users and vehicles, and of any other safety-related information which is perceived by the reporter as an actual or potential hazard to road infrastructure safety. 12I.
(1)An accident report shall be drawn up for the purpose of keeping a record of fatal accidents occurring on the road network identified in the Third Schedule and other EU funded road projects.
(2)The Authority shall calculate the average social cost of a fatal accident and the average social cost of a severe accident occurring on the road network at least every five years. NEW ROADS AND ROAD WORKS [ S.L. 499.57 11 PART III ROADS IN INHABITED AREAS 13.
(1)Every new road in any inhabited area or any road made with a view that it may form part of an inhabited area which may hereafter be built up shall be at least eight metres wide: Width of new roads in inhabited areas. Provided that the Planning Authority, in consultation with the Agency and the Authority, may require any such road to be of a stated width exceeding eight metres but not exceeding eighteen metres.
(2)Where an existing road in an inhabited area is extended, the minimum width of the road may, with the permission of the Planning Authority, in consultation with the Agency and the Authority, be reduced to six metres.
- No new road in an inhabited area, nor any road made with a view that it may form part of an inhabited area which may hereafter be built up, shall be made without the sanction from the Planning Authority, in consultation with the Agency and the Authority, as to its course, direction and position, and as to the manner in which the adjoining residential buildings are to be sewered and supplied with water and the surface water is to flow off. Course, direction and position of new roads in inhabited areas.
- A new road in an inhabited area or an area which may hereafter be built up may only be opened with the permission of the Planning Authority, in consultation with the Agency and the Authority, and the Planning Authority may refuse permission for the opening of such a new road: Permission required for the opening of a new road in an inhabited area. Provided that where such permission is refused, the party aggrieved shall have the right to appeal from such a decision under the provisions of the Development Planning Act. Cap.
- No building abutting on a new road in an inhabited area shall be erected before the road has been levelled to the proper line fixed by the Planning Authority, in consultation with the Agency and the Authority. The length of the road to be so levelled shall extend from any existing inhabited road already opened to the public to the extreme end of the frontage of the building to be erected. Erection of buildings along new roads. 17.
(1)(
- a)Subject to the provisions of regulations 13, 14, 15 and 16, no person may commence the construction of any building having access to, or having any window or other opening on to, any road belonging to the Government, before paying to the Planning Authority, in respect of the formation of the said road, a contribution equal to the cost, as at the time of payment of the contribution, of the formation of such road (such cost to include the value, as at the time of payment of the contribution, of the land required for the formation of the road) or before paying to the Planning Authority at least twenty-five per cent of such contribution Contribution payable by persons commencing the construction of buildings having access to a road belonging to the Government. 12 [ S.L. 499.57 NEW ROADS AND ROAD WORKS and at the same time undertaking in writing to pay the balance within a period of not more than twelve months by equal monthly instalments, commencing one month from the date of such payment and undertaking: Provided that where the land on either side or on both sides of the road belongs to different owners the total contribution shall be apportioned among such owners in proportion to the frontage of the land belonging to each owner on to such road, in such manner that the whole cost of the road shall be distributed in proportion to such frontage among the various owners. (
- b)Where any monthly instalment referred to in paragraph (
- a)is not paid within ten days from the date when the payment of such instalment falls due, the whole amount of the outstanding contribution shall become and be immediately due and owing to the Planning Authority and the person who made the undertaking referred to in the said paragraph shall be deemed to have commenced the construction of the building in contravention of this regulation.
(2)A contribution in respect of the cost of the widening of any road, at whatever time carried out, may be claimed by the Planning Authority as in the case of a new road and such contribution shall only be levied from the owner who has or owners who have derived a benefit from such widening and shall be apportioned in proportion to the benefit so derived.
(3)Where any road to which this sub-regulation applies exceeds eighteen metres in width, the cost of the formation or widening of the road in excess of such width shall not be taken into account in fixing the contribution payable to the Planning Authority.
(4)Any contribution payable under the provisions of this regulation and any apportionment thereof among the owners shall, in default of agreement, be fixed by the Planning Authority: Provided that any party interested may impugn the assessment of the Planning Authority by an application before the competent civil court. Cap. 552
(5)The rates of contributions which may be levied in respect of any class or type of building and the manner of their collection shall be those established under regulations made in terms of article 42 of the Development Planning Act.
(6)The said contributions shall be collected and levied by the Planning Authority on account of the Government. Rates for levelling, etc., of roads. Cap. 499. 18.
(1)The rates to be charged by the Agency for the levelling, metalling and asphalting of surface otherwise of roads in an NEW ROADS AND ROAD WORKS [ S.L. 499.57 13 inhabited area or an area which may hereafter be built up shall be those as prescribed by regulations under the Authority for Transport in Malta Act.
(2)Where any person fails to form any road in an inhabited area or an area which may hereafter be built up in accordance with the provisions of these regulations, the Agency may itself proceed to form such a road after giving notice of its intention to do so by means of a notice in the Gazette, giving such person fifteen days within which to comply. Such formation shall be at the expense of the person who would otherwise have been obliged to form such inhabited road, and the Agency shall have the right to recover any expense so made from such person. PART IV PRIVATE ROADS
- The Agency may, at any time, carry out or cause or allow to be carried out in and under any private road any work whatsoever which it considers necessary or useful on grounds of public utility. Agency may carry out works in private roads.
- Every new private road shall be properly levelled, metalled and put in a proper state as regards its drainage, by the person by whom such road shall have been opened, in accordance with the directives of the Authority to the satisfaction of the Agency. Every such road shall, moreover, be provided by the said person with footways with kerb and gutter made of hard stone or other suitable material to the satisfaction of the Agency. Levelling, etc., of private road by owner.
- Every private road shall be kept in a proper state of repair to the satisfaction of the Agency, by the person by whom such road shall have been opened. Upkeep of private roads.
- The owners of any property immediately abutting on any private road or the persons holding such property on emphyteutical lease shall, for the purpose of this Part, be deemed to be the persons who opened such road and the owners thereof: Persons deemed to have opened road and to be owners thereof. Provided that any person who is bound to carry out any work in any such road shall be entitled to bring against third parties any civil action, admissible according to law, for the recovery of any expenses incurred in the execution of the work: Provided further that no such civil action shall delay the execution of the work by the person who is bound thereto. 23.
(1)Without prejudice to any other action available according to law, the Agency shall be enabled to carry out or, as the case may be, to continue the carrying out of all or any of the works specified in regulations 20 and 21 after having given the owner notice by registered letter of its decision so to do; any such works shall be Asphalting, etc., of private roads. 14 [ S.L. 499.57 NEW ROADS AND ROAD WORKS carried out at the expense of the person who has opened the road.
(2)Every private road, including the footway thereof, shall, on notice by registered letter given by the Authority, be asphalted or surfaced otherwise as indicated by the Authority, by the Agency, at the owner’s expense.
(3)Each of the notices mentioned in the last two preceding sub-regulations shall specify the amount payable by the owner as his share of the expense in connection with the proposed works.
(4)The Agency shall give notice by registered letter of the date of completion of the works referred to in sub-regulations
(1)and
(2)to the owners, who shall effect payment, unless they have already done so, of the amount due by them without interest, within a month of the receipt of the notice of completion of the works.
(5)Every notice sent by registered post in terms of this regulation shall be deemed to have reached the addressee in the normal course of postal delivery.
(6)Private roads shall, when such roads are included in a scheme or in a local plan (
- a)on their asphalting or other surfacing; and (
- b)upon the publication in the Gazette of an Order by the President to that effect, become Government property and the owners shall thereafter be relieved of any further obligation of maintaining the roads.
(7)Notwithstanding any other provision of law to the contrary, the site of every road or part of a road transferred to the Government in accordance with sub-regulation
(6)shall, on the Order of the President, be freed absolutely from every privilege and hypothec theretofore affecting it, without prejudice to the entire credit secured by that privilege or hypothec continuing to be a charge on the residue of the property of which that site formed part and on all other affected properties, if any, of the debtor. Any such liberation shall not be subject to any requirement of reference or other entry in the Public Registry.
(8)(a) If the owner of the road shall fail to pay any amount due by him under and within the period specified in subregulation
(4), he shall thereupon become liable to the payment over and above the amount so due of interest at eight per centum thereon as from the date of completion of the works to the date of payment, and the expense incurred by the Agency together with that interest thereon shall constitute a privileged claim in favour of the Agency on that owner’s property immediately abutting on the inhabited road, NEW ROADS AND ROAD WORKS [ S.L. 499.57 15 and such claim shall be paid in preference to all other claims, whether privileged or hypothecary on such property, notwithstanding any other provision of law to the contrary. (b) Such right of priority may not be enforced unless the claim is registered in the Public Registry within two months from the completion of the works aforesaid. In default of evidence to the contrary the date of the completion of the works shall be deemed to be that indicated in the note for the registration of the privilege.
- For the purpose of the registration and recovery of any claim under regulation 23, the expense incurred by the Agency shall be apportioned by the Agency among the owners in proportion to the frontage of their respective land or buildings along the inhabited road: Expenses incurred by the Agency to be apportioned among the owners. Provided that any owner may impugn the assessment made by the Agency by an application before the competent civil court in contestation with the said Agency. PART V ROAD NAMES
- The Agency, the Authority, and to the extent of any responsibility of a Local Council in terms of the Local Government Act, a Local Council, in consultation with the Planning Authority, may cause the name by which any road is to be called, as well as the name of the town, suburb or village in which the road is situated, and any other notice or mark which may be considered useful for directing routes or giving warnings about dangerous corners, or for any other public purpose, to be painted or affixed and maintained in a legible state on the walls of any building other than a building destined for divine worship. Power in connection with painting of names of roads, etc. Cap.
- Where a Local Council shall cause the name by which a private road is to be called, that road shall remain a private road. Name given to a private road.
- No person shall paint, mark, write or affix in any road open to the public any name as that by which such road is to be called, or any name of any town, suburb or village, or any notice or mark similar to that painted or made in accordance with the provisions of regulation 25 without the approval of the Authority, or of the Local Council responsible for the locality in which such road is situated, as the case may be, although such road is a private road. Naming of roads. 28.
(1)It is forbidden to destroy, obliterate or deface the name of any road, town, suburb or village or add any word or mark thereto, or damage any slab bearing any such name. Destruction, obliteration or defacement of name of road, suburb or village.
(2)Where a person contravenes the provisions of subregulation
(1), such person shall be guilty of a contravention and shall, on conviction, be liable to a fine (ammenda) of one hundred 16 [ S.L. 499.57 NEW ROADS AND ROAD WORKS euro (€100). PART VI ROAD WORKS Permit required. 29.
(1)Without prejudice to the obligations relating to road works under any other laws or regulations in force, no works shall be executed in, or excavations made under a public road without a permit from the Authority following consultation with the Agency or Local Council, as the case may be, which may also impose conditions as described hereinafter.
(2)The application for a permit shall be made to the Authority by the applicant on the prescribed form and shall be accompanied by any information and documents required by the Authority, and by the appropriate fees as prescribed in the First Schedule.
(3)The permit shall be valid for the period indicated in it and all work shall be fully completed within the completion period specified in the permit.
(4)The Authority may renew any permit the validity of which has expired upon the submission by the holder thereof of an application for renewal.
(5)Road works may only be carried out by Local Councils, the Agency for Infrastructure Malta, utility services providers, and communications service providers, and all parties involved shall at all stages follow the Code of Practice: Cap. 363. Provided that no works shall commence by utility service providers, communication service providers or any contractor thereof, prior to the issuance of the necessary permit by the Authority, and a licence from the Local Council concerned, as prescribed in the Local Government Act: Provided further that in the case of emergency works, the Authority must following the approval and permit for said works and prior to the commencement thereof immediately notify the Local Council of the works to be carried out.
(6)Where works in contravention of any of the dispositions of the provisions of sub-regulation
(5)are undertaken, the contractor or service provider as the case may be shall be liable to an administrative fine (ammenda) imposed by the Authority of up to one thousand (€1,000) euro for each contravention, which fine (ammenda) may also be withdrawn from the bank guarantee. Types of permits. 30.
(1)permits as follows: There shall be three types of road works NEW ROADS AND ROAD WORKS (
- a)Major Road Works Permit - RWP 1, (
- b)Emergency Road Works Permit - RWP 2, [ S.L. 499.57 (
- c)Minor Road Works, Maintenance and Repairs Permit - RWP 3.
(2)A Major Road Works Permit shall cover major works which involve any type of road works.
(3)An Emergency Road Works Permit shall cover any emergency road works and it shall be valid for a period not exceeding three days.
(4)A Minor Road Works Permit shall cover minor works. 31.
(1)An application for the granting or renewal of any of the permits prescribed by these regulations shall not be processed by the Authority where the application (
- a)is not submitted on the prescribed form, (
- b)is not accompanied by the prescribed fee, or Processing of applications for road works permits. (
- c)is not accompanied by the information and, or documents requested by the Authority, including (
- i)a copy of an insurance certificate covering such works, (
- ii)a proper site plan (an A4 extract from the 1988 1.2500 scale survey sheet), endorsed by a qualified civil engineer showing clearly the location of the proposed works, (iii) a written agreement to back fill and restore the surface of the road to specifications set by the Authority and in accordance with the conditions specified in the permit, and (
- iv)any other requirements as may be stipulated by the Authority.
(2)Where an application is made for an Emergency Road Works Permit, the permit shall be issued once the Authority confirms the emergency of such works and issues the relative permit conditions: Provided that the permit holder shall pay those fees for the services rendered by the Authority official or the penalties as prescribed in the First Schedule; 32.
(1)Where the Authority issues a permit under Conditions. 17 18 [ S.L. 499.57 NEW ROADS AND ROAD WORKS these regulations, it may attach such conditions to the permit as seem to it appropriate having regard to all the circumstances of the case.
(2)Without prejudice to the generality of sub-regulation
(1), the types of conditions which the Authority may attach to a permit under the said sub-regulation include conditions relating but not limited to (
- a)(
- b)carried out; (
- c)days on which works may not be carried out; times of day during which works may not be the prohibition or restriction of traffic; (
- d)traffic management arrangements to be made in connection with the works as prescribed in the Second Schedule; (
- e)the manner in which the specified works are to be carried out; (
- f)consultation and publicity in relation to the specified works, including the display of information at the location of those works; (
- g)full compliance with the guidelines and policies published from time to time by the Authority; and (
- h)conditions: performance and, or defects liability Provided that the Authority may impose any other conditions following consultation with the Agency or Local Council, as the case may be.
(3)Where a contractor executes works in contravention of any condition attached to the permit or in contravention to any other direction which the Authority may give, the Authority, if it considers it desirable to do so, may revoke or suspend the permit as the case may be, and the contractor shall be liable to an administrative fine of fifty euro (€50) for each contravention, which fine may be withdrawn from the bank guarantee: Provided that where the breach is in contravention of any of the traffic management conditions, the administrative fine shall be in accordance with any of those provided in the Second Schedule. Refusal to grant an authorisation or a permit. 33.
(1)Where the Authority refuses to issue a permit, it shall by notice in writing, within seven days, inform the applicant of its decision and the reasons therefore. NEW ROADS AND ROAD WORKS [ S.L. 499.57
(2)Where the issue of such a permit is refused, the applicant may, within twenty-one days starting on the date of such notice, appeal before the Administrative Review Tribunal provided for under the Administrative Justice Act. 34.
(1)The Agency shall have the power to contract major road works where such works are to be commissioned by a utility services provider which is Government owned. 19 Cap. 490. The Agency may contract major works.
(2)Where such works are contracted by the Agency, this shall be done on behalf and at the expense of the utility service provider concerned. 35.
(1)The Authority shall, prior to the granting of a permit for road works, approve a suitable and safe traffic management plan prepared by the applicant in respect of those works and ensure the putting into effect and maintenance of the said plan, which plan shall include but not limited to lighted barricades, warning lights, or warnings devices, and signage as needed in order to prevent damage or injury to persons, vehicles and property and to minimise the inconvenience and danger to the public by the said road works. Protection of traffic and commuters.
(2)The said traffic management plan and the required measures shall be carried out at the expense of the applicant.
(3)The applicant shall ensure that the contractor shall maintain the traffic management plan throughout all the works execution period. Failure to do so shall make the applicant and, or the contractor liable to an administrative fine as provided for in the Second Schedule, which fine may also be withdrawn from the bank guarantee, without prejudice to any further action that may be taken by the Authority, including the withdrawal of the bank guarantee and suspension of authorization for future road works. 36. A contractor executing road works shall compensate third parties in respect of any damages or loss suffered by third parties as a result of the execution of those road works: Liability for damage. Provided that the said liability does not extend to damage or loss which is attributable to negligence or misconduct on the part of the person suffering the damage or loss. 37.
(1)Where trenching works are executed in a road, the contractor shall be required to reinstate the road in accordance with the conditions stipulated in the permit.
(2)Where the contractor fails to reinstate the road as required in sub-regulation
(1), the contractor or service provider as the case may be shall be liable to an administrative fine (ammenda) imposed by the Authority of up to fifteen thousand (€15,000) euro, which fine (ammenda) may also be withdrawn from the bank Resurfacing of roads following works. 20 [ S.L. 499.57 NEW ROADS AND ROAD WORKS guarantee. Certification of road works. 38.
(1)A contractor which undertakes road works shall, upon completion of such works, submit a works compliance report to the Authority within fifteen days from completion prior to which the no objection of the contracting authority must be obtained.
(2)The Authority shall then inform the Agency of the issuance of the compliance certificate.
(3)Major and emergency road works shall, upon completion, be tested by an independent and accredited laboratory recognised by the Authority.
(4)In addition to the test carried out as provided for in subregulation
(2), and on the basis of the same tests where applicable, major and emergency road works shall be certified by a warranted architect and civil engineer (Perit) in terms of compliance with standards and specifications set by the Authority in respect of all aspects including but not exclusively, material used, workmanship, and any performance requirements stipulated in applicable standards. Only upon such positive certification shall the Authority issue a certificate confirming that those works had been carried out to its satisfaction.
(5)Reinstatement works shall be subject to a two-year guarantee, unless otherwise stated.
(6)Where the Authority is not satisfied with the restoration and resurfacing of the road, the contractor shall redo the said works to the satisfaction of the Authority, and where the contractor fails to comply, the Authority may ask the Agency to carry out the works itself at the expense of the contractor concerned.
(7)The Authority may exclude from road works, for preestablished period of times of no less than six consecutive months, contractors who consistently fail from such compliance. Charges for prolonged works. 39. Contractors shall be required to pay a charge of between fifty euro (€50) and five hundred euro (€500) for each day, or part thereof, where the duration of road works carried out by that contractor exceeds the prescribed completion period without a justifiable reason. The said charges shall be those prescribed in the Second Schedule. Prohibitions of unauthorised works. 40.
(1)It is an offence for a person to execute, or cause or suffer to be executed, any unauthorised road works.
(2)In the case of an offence under sub-regulation
(1)hereof the Authority shall, by the issue of a stop notice, direct that person to stop the works immediately and to take such steps as appear to it necessary to reinstate, within a period not exceeding twenty-four NEW ROADS AND ROAD WORKS [ S.L. 499.57 21 hours, the road, failing which the Authority shall carry out the works itself at the expense of the person concerned.
(3)Any delays in the reinstatement of the works beyond the time limit imposed under sub-regulation
(2)shall bear an administrative penalty of five hundred euro (€500) per day to be charged to the person who had executed the unauthorised works and to the person on whose behalf or at whose request the works have been carried out.
(4)The Authority shall not entertain any other application by the same person or persons to undertake any other works until such time the road is reinstated by the person or persons concerned or, where the reinstatement works are carried out by the Agency, until such time as all expenses and penalties have been settled.
(5)The Authority shall not enter into negotiations with the person or persons concerned until such time as that person or persons comply with the direction given under sub-regulation
(2). PART VII OTHER PROVISIONS
- The Authority may give orders and take the requisite steps for closing any road and stopping the thoroughfare thereof during the construction, alteration, repair or demolition of such road, or of a conduit, sewer or other public work in such road. Closing of roads during repairs.
- It shall not be lawful, without a permit from the Authority, the obtaining of the necessary licence from the appropriate Local Council, to construct any work or make any thing in any road, which may cause obstruction or create danger or inconvenience to the public, or, in spite of an intimation by the Police or by a community officer, to leave any building or work which is ruinous or dangerous to persons or to the property of others. Works causing obstruction or danger in roads.
- Any person intending to take down, construct, alter, or repair any building in such a manner as will necessitate the deposit of building materials in the road, or may be a source of injury, danger, or inconvenience, shall, before beginning the same, cause sufficient fences to be put up in order to separate the building where the works are to be carried out from the road with a convenient space for the thoroughfare, and shall keep such fences and such space in good condition during such time as the public safety or convenience requires; and shall, in all cases in which it is necessary in order to prevent accidents, cause the same to be sufficiently lighted during the night. Fences to be set up during repairs.
- A sufficient light shall also be placed, during the night, on or near the materials lying in the road, by the person who shall have laid there such materials on the occasion of any building, repair or excavation. Prohibition to leave materials or other obstruction in road longer than necessary. 22 [ S.L. 499.57 NEW ROADS AND ROAD WORKS Obstructions.
- It shall not be lawful to leave in any road building materials or other obstructions longer than necessary; and in any such case, the proof that the necessary time has not been exceeded shall lie on the person so causing such materials or other obstructions to be laid. Openings in surface or footway leading to cellars, etc., to be covered. 46.
(1)Any opening in the surface or footway of any road, leading to a vault, cellar, or other place underground, shall be covered by a door or other proper covering, and such door or covering shall be kept in repair by the owner.
(2)Nevertheless, where such vault, cellar, or place underground is intended for habitation, it shall suffice to make on the edge of the opening a sufficient fence for the safety of the public, where this is practicable without causing considerable obstruction in the road. Rebuilding of walls fallen on the road. 47. The occupier of any tenement shall rebuild, without delay, any wall of such tenement which shall have fallen on the road, or which, being a party-wall between a tenement and a road, shall require, in the opinion of the Authority, to be rebuilt. Penalties. 48.
(1)A person committing an offence under regulation 39
(1)or regulation 41 is liable to a fine (ammenda) of one thousand five hundred euro (€1,500).
(2)If on completion of the work for which a permit has been issued the contractor does not carry out the re-instatement within forty-eight hours of completion, or within such longer period as may be allowed in the permit, or the re-instatement is not properly carried out, the Authority may ask the Agency to carry out the reinstatement at the expense of the grantee. Such reinstatement expense may be withdrawn from the bank guarantee.
(3)Where reinstatement is effected or remedied by the Authority, the contractor is still responsible for such reinstatement.
(4)The applicant shall be liable in solidum with the contractor which carried out the works to carry out the reinstatement works.
(5)Throughout the carrying out of works, the Authority may give further instructions to the contractor pertaining to any of the conditions in the permit through an addendum to the permit. Failure to immediately comply with the Authority’s instructions shall make the contractor liable to an administrative penalty of fifty euro (€50) per day, without prejudice to any further action that may be taken by the Authority, including the withdrawal of the bank guarantee and suspension of authorization for future road works.
(6)Where a person contravenes any other provision under these regulations he shall be liable to a fine (ammenda) of not less NEW ROADS AND ROAD WORKS [ S.L. 499.57 than twenty euro (€20) but not exceeding one thousand five hundred euro (€1,500). FIRST SCHEDULE (Regulation 31) The charges payable to the Authority for the grant of a permit shall be as follows: Permit RWP1 Major Road Works Permit RWP2 Emergency Road Works Permit Processing Fees (
- a)Works, not exceeding 10 metres in length, to be carried out in local/ residential roads ........................... €150 (
- b)Works, exceeding 10 metres in length, to be carried in local/ residential roads ................................................ €250 (
- c)Works to be carried out in distributor and arterialroads .......................................................... ...... €250 (
- d)Road construction works ............................................. €500 (
- a)For each RWP 2 permit issued .................................... €50 (
- b)For services rendered by the Authority official called on site, per hour or part thereof ................................ €60 (
- c)Penalty where Authority official is called on false emergencies .......................................................... .... €500 23 24 [ S.L. 499.57 NEW ROADS AND ROAD WORKS RWP3 Minor Road Works, Maintenance and Repairs Permit (
- a)Works [excluding those works referred to in paragraph (
- b)of the definition of "minor works" in regulation 2] in residential roads ................................ €10 (
- b)Works [excluding those works referred to in paragraph (
- b)of the definition of "minor works" in regulation 2] in arterial or distributor roads ................... €25 (
- c)Works on behalf of the Authority and those referred to in paragraph (
- b)of the definition "minor works" in regulation 2 .......................................................... ....... Nil SECOND SCHEDULE (Regulations 32, 38) TRAFFIC MANAGEMENT CLASSIFICATION DURING ROAD WORKS No. Item Minimum Requirements 1 TM A - Works on ALL roads not affecting traffic in any way 1.1 Works carried out on footpath 1.2 Works carried out within the parking bay area, not affecting traffic 1. Provide temporary pedestrian access (Safe route for pedestrians) 2. Approval by Authority for Transport in Malta for any obstruction to pedestrian crossing and pedestrian areas Standard Requirements 1. Temporary Traffic Management Arrangements in line with: Safety at Inhabited Road Works and Road Works - A Code of Practice Fine for breach €50 2. Traffic Signs Manual Chapter 8 Volume 1Traffic Safety Measures and Signs for Road Works and Temporary Situations 3. Construction machinery not obstructing carriageway 4. Programme of Works 2 TM B - Works on traffic carriageway on ALL roads partially obstructing traffic, however, existing traffic flows retained NEW ROADS AND ROAD WORKS 2.1 Works on traffic carriageway 2.2 Works on centrestrips, side verges, roundabouts and any other road junctions etc. 1. Provide temporary pedestrian access (Safe route for pedestrians) Temporary Traffic Management Arrangements in line with Code 2. Approval by Authority for Transport in Malta for any obstruction to pedestrian crossing and pedestrian areas [ S.L. 499.57 1. Traffic Management Plan of works area €100 2. Enforcement required 3. Programme of Works 4. Construction machinery not obstructing carriageway 3 TM C - Works on ALL roads affecting traffic, including partial and full obstruction, where traffic diversions are required 3.1 Works on carriageway fully obstructing traffic flow on arterial, distributor, link roads and other roads (as required) 1. Provide temporary pedestrian access (Safe route for pedestrians) Temporary Traffic Management Arrangements in line with Code 2. Approval by Authority for Transport in Malta for any obstruction to pedestrian crossing and pedestrian areas 4 1. Traffic Management Plan of works area 25 €300 2. Traffic Management Plan area-wide 3. Enforcement required 4. Programme of Works 5. Construction machinery not obstructing carriageway TM D - Development Projects (Industrial, Residential, Commercial) which have an impact on existing adjacent roads 26 [ S.L. 499.57 4.1 Works on development projects which have an impact on the characteristics of the existing adjacent roads NEW ROADS AND ROAD WORKS 1. Provide temporary pedestrian access (Safe route for pedestrians) 1. Impact on change in traffic volumes, traffic patterns, vehicle mix, road environment Temporary Traffic Management Arrangements in line with Code 2. Traffic Management Plan of development works area 2. Approval by Authority for Transport in Malta for any obstruction to pedestrian crossing and pedestrian areas 3. Programme of Works 4. Construction machinery not obstructing carriageway €500 NEW ROADS AND ROAD WORKS THIRD SCHEDULE (Regulation 2) The RISM Road System [ S.L. 499.57 27