Chapter 67

[CAP. 67. TRAFFIC (VISIBILITY) 1 CHAPTER 67 TRAFFIC (VISIBILITY) ORDINANCE To make provision for ensuring better visibility to traffic. 12th June, 1931 ORDINANCE XIX of 1931, as amended by Ordinance VI of 1959; Legal Notice 148 of 1975; Acts XIII of 1983 and XXIII of 2000; Legal Notice 408 of 2007; and Act XV of 2009. 1. The short title of this Ordinance is the Traffic (Visibility) Ordinance. 2. In this Ordinance - Short title. Interpretation. "owner" includes the administrator or agent of the lawful owner; "rural tenement" means any field or other tenement used exclusively or mainly for agricultural purposes; "street" shall have the same meaning as is assigned to it in the Code of Police Laws. 3. (1) Where, in the opinion of the Authority for Transport in Malta it is necessary, in order to afford or to improve visibility to traffic that any wall separating any rural tenement from any street be lowered, it shall be lawful for the Authority for Transport in Malta to declare such wall to be dangerous to traffic and to order that its height be reduced to such extent as he may direct but so that the remaining height be in no case less than one hundred and twenty centimetres from the level of the street. Where the ground level of the rural tenement is more than one hundred and twenty centimetres above the level of the street, the height of the wall may be reduced to the level of the rural tenement. Cap. 10. Power of Authority for Transport in Malta to reduce the height of any wall which obstructs visibility to traffic. Amended by: XXIII. 2000.30; XV. 2009.49. (2) The provisions of this article shall not apply to any wall forming part of any house, room or other building. 4. Any order under the last preceding article shall be served on the owner and the occupier of the tenement by means of a judicial letter filed in the Registry of the Civil Court, First Hall, and an opposition may be made to the carrying out of any work in pursuance of any such order: Service of order on owner and occupier. Amended by: L.N. 148 of 1975. Provided that no work may, without the consent of the owner and occupier, be carried out before the lapse of ten days from the date of service of such order. 5. (1) The work referred to in the last preceding article shall be carried out by and at the expense of the Authority for Transport in Malta, and the Authority for Transport in Malta or any other person deputed by him shall have free access to any property for the purpose of carrying out any such work. (2) The Authority for Transport in Malta or any other person deputed by him, may also, before making any order as provided in article 3, enter any rural tenement for the purpose of surveying the Work to be carried out at the expense of the Authority for Transport in Malta. Amended by: XXIII. 2000.30; XV. 2009.49. 2 CAP. 67.] TRAFFIC (VISIBILITY) property, giving at least three days previous notice to the occupier. Compensation for damage caused by carrying out of work. Amended by: VI. 1959.3; XXIII. 2000.30; XV. 2009.49. Cap. 12. 6. Where, by reason of any such work, any person interested in the property suffers any loss or damage or depreciation thereof, or the occupier of the tenement affected by the order is deprived of the use of any part of such tenement, such person or occupier shall be entitled to compensation which, in default of agreement, shall be assessed, in opposition to the Authority for Transport in Malta by the competent court, in accordance with the Code of Organization and Civil Procedure: Provided that no claim for compensation shall be considered if not brought within one month from the completion of the work: Provided also that where such loss, damage or depreciation can be diminished or prevented by the carrying out of any other work in the tenement, the Authority for Transport in Malta may carry out such other works instead of paying compensation. When no compensation can be claimed. 7. No action for compensation can be maintained, if the reduction of the height of a wall in terms of article 3 causes no loss or depreciation of the property or does not deprive the occupier of the tenement of the use of any part thereof. Prohibition to raise wall beyond established height. Amended by: XXIII. 2000.30; XV. 2009.49. 8. (1) It shall not be lawful to raise a wall separating a rural tenement from a street, beyond the height established by the Authority for Transport in Malta as provided in article 3. Powers exercisable under this Ordinance not to create easement over the property. (2) Saving such prohibition, nothing in this Ordinance contained shall be deemed to create any easement over any property or to prevent any lawful owner from erecting any house, room or other structure with a view to improving the tenement. Penalty for obstructing work. Amended by: XIII. 1983.5; L.N. 408 of 2007. 9. Whosoever shall, by the use of force, hinder or obstruct the carrying out of any work under article 4, shall be liable, on conviction, to a fine (multa) of not less than four euro and sixty-six cents (4.66) and not exceeding twenty-three euro and twenty-nine cents (23.29). Penalty for raising walls without permission of Authority for Transport in Malta. Amended by: XIII. 1983.5; XXIII. 2000.30; L.N. 408 of 2007; XV. 2009.49. 10. Whosoever, without the permission of the Authority for Transport in Malta, shall raise any wall of any rural tenement which has been declared to be dangerous to traffic in terms of article 3, for any purpose other than that mentioned in article 8(2), shall be liable, on conviction, to a fine (multa) of not less than four euro and sixty-six cents (4.66) and not exceeding twenty-three euro and twenty-nine cents (23.29), and in any such case the court may also authorize the Police to remove any work carried out in contravention of this article.