TRAFFIC (VISIBILITY) ORDINANCE (visibility)

TRAFFIC (VISIBILITY)

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.

The short title of this Ordinance is the Traffic (Visibility)

Ordinance.

In this Ordinance -

"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.

(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.

(2) The provisions of this article shall not apply to any wall

forming part of any house, room or other building.

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

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.

(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

TRAFFIC (VISIBILITY)

property, giving at least three days previous notice to the occupier.

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.

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.

(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.

(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.

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).

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.