Erecting of Billboards on the Road Regulations, 2004

L.N. 368 of 2004

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Erecting of Billboards on the Road Regulations, 2004

IN exercise of the powers conferred by article 32 of the Malta

Transport Authority Act, the Minister for Urban Development and

Roads has, after consultation with the Malta Transport Authority, made

the following regulations>-

(1) The title of these regulations is the Erection of Billboards Title and

commencement.

on the Road Regulations, 2004.

(2) These regulations shall come into force on the 30th July,

2004.

Scheduled Sites

(Regulation 4)

No. of

Ref

Billboards

Location

Max. Size

Single-Sided

Double-Sided

Number

(No objection

by ADT)

v

BLB001

Triq Ghar Dalam, Birzebbuga

1.8m x 1.2m

v

BLB002

Triq Ghar Dalam, Birzebbuga

6.0m x 3.0m

v

BLB003

Triq Tal-Barrani, Zejtun

6.0m x 3.0m

v

BLB004

Triq Tal-Barrani, Zejtun

6.0m x 3.0m

v

BLB005

Triq Sant’Antnin, Marsaskala

6.0m x 3.0m

v

BLB006

Triq Sant’Antnin, Marsaskala

6.0m x 3.0m

v

BLB007

Triq l-Avjazzjuoni, Luqa

6.0m x 3.0m

v

BLB008

Triq l-Avjazzjuoni, Luqa

6.0m x 3.0m

v

BLB009

Triq Garibaldi, Paola

6.0m x 3.0m

v

BLB010

Triq Garibaldi, Paola

6.0m x 3.0m

v

BLB011

Triq Garibaldi, Marsa

6.0m x 3.0m

v

BLB012

Triq Hal Qormi, Luqa

6.0m x 3.0m

v

BLB013

Triq Hal Luqa, Luqa

6.0m x 3.0m

v

BLB014

Triq Aldo Moro, Marsa

6.0m x 3.0m

v

BLB015

Triq Aldo Moro, Marsa

6.0m x 3.0m

v

BLB016

Triq Aldo Moro, Marsa

6.0m x 3.0m

v

BLB017

Triq Aldo Moro, Marsa

6.0m x 3.0m

v

BLB018

Triq l-Imdina, Qormi

6.0m x 3.0m

v

BLB019

Triq l-Imdina, Qormi

6.0m x 3.0m

v

BLB020

Triq Manwel Dimech, Qormi

6.0m x 3.0m

v

BLB021

Triq Manwel Dimech, Qormi

6.0m x 3.0m

v

BLB022

Mini ta’ Santa Venera, Santa Venera

6.0m x 3.0m

v

BLB023

Mriehel By-pass, Qormi

6.0m x 3.0m

v

BLB024

Triq l-Imdina, Attard

6.0m x 3.0m

v

BLB025

Triq l-Imdina, Attard

6.0m x 3.0m

v

BLB026

Triq M.A. Vassalli, Msida

6.0m x 3.0m

v

BLB027

Triq Dun Karm Psaila, Msida

6.0m x 3.0m

v

BLB028

Triq Dun Karm Psaila, Birkirkara

6.0m x 3.0m

v

BLB029

Triq Dun Karm Psaila, Iklin

6.0m x 3.0m

v

BLB030

Triq Tal-Balal, Gharghur

6.0m x 3.0m

v

BLB031

Triq Tal-Balal, San Gwann

6.0m x 3.0m

v

BLB032

Triq Burmarrad, Mosta

6.0m x 3.0m

v

BLB033

Triq Burmarrad, Mosta

6.0m x 3.0m

Dawret San Pawl il-Bahar, San Pawl

v

BLB034

1.8m x 1.2m

il-Bahar

Dawret San Pawl il-Bahar, San Pawl

v

BLB035

1.8m x 1.2m

il-Bahar

Dawret San Pawl il-Bahar, San Pawl

v

BLB036

6.0m x 3.0m

il-Bahar

Dawret San Pawl il-Bahar, San Pawl

v

BLB037

6.0m x 3.0m

il-Bahar

v

BLB038

Triq il-Pwales, San Pawl il-Bahar

6.0m x 3.0m

v

BLB039

Dawret il-Mellieha, Mellieha

6.0m x 3.0m

B

v

BLB040

Triq il-Marfa, Mellieha

6.0m x 3.0m

v

BLB041

Triq is-Salini, Naxxar

6.0m x 3.0m

v

BLB042

Triq il-Kosta, Naxxar

6.0m x 3.0m

v

BLB043

Triq il-Kosta, Naxxar

6.0m x 3.0m

v

BLB044

Triq il-Kosta, Naxxar

6.0m x 3.0m

v

BLB045

Triq il-Kosta, Naxxar

6.0m x 3.0m

v

BLB046

Triq il-Kosta, Naxxar

6.0m x 3.0m

v

BLB047

Triq il-Kosta, Naxxar

6.0m x 3.0m

v

BLB048

Triq Sant’Andrija, Swieqi

6.0m x 3.0m

v

BLB049

Triq Sant’Andrija, Pembroke

6.0m x 3.0m

v

BLB050

Triq Sant’Andija, San Giljan

6.0m x 3.0m

v

BLB051

Triq M.A. Vassalli, Swieqi

6.0m x 3.0m

v

BLB052

Triq l-Imgarr, Victoria

6.0m x 3.0m

v

BLB053

Triq l-Imgarr, Xewkija

6.0m x 3.0m

v

BLB054

Triq l-Imgarr, Xewkija

6.0m x 3.0m

v

BLB055

Triq l-Imgarr, Xewkija

6.0m x 3.0m

v

BLB056

Triq il-Wied, Zebbug

6.0m x 3.0m

B

(1) In these regulations, unless otherwise specified, the terms Interpretation.

used shall have the same meaning as that assigned to them by article 2

of the Malta Transport Authority Act.

(2) For the purposes of these regulations>

“allocation agreement” means an agreement entered into

between the Authority and an operator in virtue of sub-regulation

4(3) of these regulations<

“allocation number” means a unique identification number

given to a particular permanent billboard under the allocation

agreement<

“billboard” means any sign, whether permanent, temporary

or political, which is used to promote or advertise products,

services, events or activities that are not directly related to the

primary use or activity occurring on the site of the sign<

“operator” means any person to whom a scheduled site is

allocated under an allocation agreement<

“permanent billboard” means a billboard which is affixed to

the underlying ground<

“person” means an individual, a body or other association of

persons, whether corporate or unincorporate as well as any local

council, any government department, agency or authority

established by law<

“political billboard” means a billboard which is not affixed

to the underlying ground, which is used for the display of material

which relates exclusively to a general election or to a referendum

or to an election for local councils and which is displayed not earlier

than three months before the date on which such election or

referendum is held and not later than one week from the official

announcement of the result of such election or referendum<

“scheduled sites” means the sites identified in the First

Schedule to these regulations<

“temporary billboard” means a billboard which is not affixed

to the underlying ground, used for the display of material promoting

a public health or safety campaign or relating to an event of a

religious, educational, cultural, political or social character, not

being of a commercial nature< provided that for the purposes of

this definition, a commercial nature means that an event is subject

to an attendance fee or is selling a product.

Guidelines for the Safe Placing of Billboards

(Regulations 6 and 9)

The following criteria shall serve as guidelines for the safe placing of billboards

1. Billboards should not be placed within 50 metres of any approach to major roads,

junctions or pedestrian crossings, so as not to pose any hazards.

2. There is to be a minimum clear distance of 500 mm between the overhang of any

billboard and the outer kerb or carriageway. This width is increased to 600 mm where

there is a cross fall or camber or where there is a central reservation, and increased to

1200mm on high speed roads (80km/h).

3. A minimum clear width of 1200 – 1500 mm is to be allowed on the footpath for the free

passage of pedestrians.

4. A minimum clear height of 2100 mm is to be allowed if the billboard extends or protrudes

between the finished ground level and the lower edge of the billboard provided no cyclist

paths are available.

5. A clear height of 900-1500 mm is to be allowed if there is no footway and there is no

pedestrian movement or cyclists.

6. Billboards or any of their attachments or supports are not to cause glare.

7. The supports of any billboards are not to obstruct or deviate the flow of storm water

runoff.

8. Preferably the billboards should be placed on the nearside of the road and only placed on

the offside where it is a one-way street or a dual carriageway with a centre strip, wide

enough to include a billboard.

9. Billboards are not to be located on any part of the carriageway.

10. The siting of any billboard should not be such that it impairs the sightlines to any

directional, hazard or warning signs or any traffic lights, pelican crossing beacons and

pedestrian crossing belisha.

11. The support of any billboard must be stable in all weather conditions.

12. Billboards are to be located only at approved locations.

13. The size of any billboard is not to exceed 3000 mm by 6000 mm, placed transversely.

14. A clear distance of 75 metres is to be left between successive billboards unless otherwise

stated.

15. The size of the lettering of billboards and signs is to be such that it is easily legible and be

very concise.

16. Material displayed on the billboard shall not be offensive or contrary to public decency or

public security or otherwise against the public interest.

No person shall place or cause to be placed any billboard on

any road without written approval from the Authority as provided for

in these regulations.

Permanent Billboards

3 mm fuq bankini biex jithalla passagg

3. Ghandha tithalla wesgha cara ta’ bejn 1200

u 1500

liberu ghal min juza l-bankina.

4. Ghandu jithalla gholi bla ebda xkiel fin-nofs bejn l-art u l-billboard ta’ mill-anqas 2100 mm

jekk il-billboard jestendi jew johrog ’il barra ’l hinn mill-bazi li jserrah fuqha ghal fuq il-

bankina sakemm ma jkunx hemm moghdijiet ghal nies bir-roti.

5. Ghandu jithalla gholi bla ebda xkiel fin-nofs ta’ bejn 900 u 1500 mm fejn ma jkunx hemm

bankina u ma jkunux jghaddu minn hemm nies bil-mixi jew bir-roti.

6. Billboards jew partijiet ohra ta’ l- istruttura taghhom ma ghandhom jirriflettu ebda dawl li

jikkawza periklu.

7. Ir-rinforzi tal-billboards ma ghandhomx jostakolaw jew jiddejvjaw il-kors ta’ l-ilma tax-xita.

8. Preferibbilment il-billboards ghandhom jitqieghdu fuq in-naha tax-xellug tat-triq u ghandhom

jitqieghdu biss fuq in-naha leminija tat-triq fejn it-triq tkun taghti lejn naha wahda jew

karreggata doppja b’centre strip, wiesgha bizzejjed biex tinkludi billboard.

9. Billboards ma ghandhom jitqieghdu fuq ebda parti ta’ karreggata.

10. Ebda billboard ma ghandu jitqieghed hekk li jhassar il-vista ta’ xi sinjal ta’ direzzjoni, periklu

jew twissija jew ta’ dwal tat-traffiku, jew sinjali f’postijiet mnejn jaqsmu n-nies tax-xorta

pelican jew belisha.

11. Ir-rinforz ta’ billboard ghandu jkun stabbli f’kull kundizzjoni ta’ temp.

12. Billboards ghandhom jitqieghdu biss f’postijiet approvati.

13. Id-daqs ta’ billboard ma ghandux jeccedi area ta’ 3000 mm b’6000 mm, kif tidher

trasversalment.

14. Ghandha tithalla distanza bla ebda xkiel fin-nofs ta’ 75 metri bejn billboard u iehor

sakemm ma jinghadx xort’ohra.

15. Id-daqs ta’ l-ittri fuq il-billboards u s-sinjali ghandhom ikunu tali li jistghu jinqraw facilment

u jkunu koncizi hafna.

16. Dak li jidher fuq il-billboard ma ghandux joffendi jew imur kontra d-dicenza pubblika jew is-

sigurtà pubblika jew b’xi mod ie hor kontra l-interess pubbliku.

(1) No person shall erect or cause to be erected any

permanent billboard on any road other than on a scheduled site listed in

the First Schedule to the regulations.

(2) No person shall place or cause to be placed any

permanent billboard on a scheduled site, unless such site is allocated to

him by the Authority under an allocation agreement.

(3) The Authority shall allocate the scheduled sites for a

continuous period of time not exceeding ten years, by means of a call

for tenders published in the Gazette.

(1) Any person who wishes to erect a permanent billboard

on any road other than on a scheduled site, may submit an expression

of interest to the Authority asking it to consider the designation of such

site as a scheduled site.

(2) The Authority shall retain absolute discretion whether

to accede to any request made in terms of sub-regulation (1) of this

regulation.

(3) Where the Authority accedes to a request for the said

site to be declared a scheduled site, that site shall be allocated as specified

in sub-regulation 4 (3) of these regulations.

An operator shall have the right to erect, at his sole and Billboard

specifications.

exclusive expense, a permanent billboard which satisfies the physical

and technical specifications listed in the Second Schedule to these

regulations.

(1) Upon the erection of a billboard, the operator shall deliver Safety and

stability

to the Authority a certificate of compliance with the specifications certificates.

included in the Second Schedule and with any other specification or

condition included in the allocation agreement, issued by a person

holding the warrant of a Perit under the Periti Act.

(2) Throughout the term of the allocation agreement, the

operator shall maintain the billboard in an excellent state of repair and

shall be fully and exclusively responsible for the structural and electrical

safety of the billboard.

Upon the expiration of the allocation agreement or any earlier Expiration or

termination of

termination thereof, the operator shall remove the billboard from the allocation

scheduled site, but shall, unless otherwise instructed by the Authority, agreement.

leave installed thereon those components of the billboard as may be

determined by the Authority, the ownership of which components shall

pass on to the Authority at no consideration.

Temporary Billboards

(1) No person shall erect or cause to be erected any temporary Permit valid for 21

billboard on any road without a permit from the Authority, provided days.

that such permit shall be valid for a continuous period not exceeding

twenty-one days.

(2) Billboards erected under this regulation shall satisfy the

requirements specified in the Second Schedule to the regulations.

(3) An application to the Authority for such a permit shall

indicate the dates during which the applicant intends to erect and

maintain the billboard on the prescribed form and shall be accompanied

by>

(i) a processing fee of Lm50<

(ii) a Site-Plan (Scale 1>2500) clearly indicating the location

where the billboard is to be placed<

(iii) a detailed drawing (Scale 1>200) clearly indicating the

dimensions of the billboard, and the materials, form and method

of construction thereof<

(iv) a description of the nature or purpose of the material

which is to be displayed on such billboard and a graphic

representation of the same<

(v) photographs of the proposed site for the placing of the

billboard<

(vi) any necessary permit, authorisation or notification to

the competent authorities prescribed by the Development Planning

Act or any regulations issued thereunder or by any other provision

of law.

(4) The Authority shall process valid applications within

three weeks from their submission.

(5) The Authority may>

(i) grant the permit<

(ii) refuse the application for the permit< or

(iii) grant the permit under those conditions which it may

deem appropriate in the given circumstances< or

(iv) grant the permit with respect to a different site from

that proposed by the applicant.

(6) Upon the written request of an applicant whose

application has been refused, the Authority shall, within five working

days from the date of such request, furnish reasons in writing for such

(7) An applicant whose application is dismissed by the

Authority shall have the right to appeal, within ten working days from

the date of refusal or from the expiration of the processing period

prescribed in sub-regulation (4) hereof, whichever may be the earlier,

to an ad hoc Appeals Board until such time as a permanent Appeals

Board is constituted.

(8) Throughout the time when the billboard remains on the

road, the permit holder shall be fully and exclusively responsible for

the structural safety and stability of the same as well as for the safe

positioning of the billboard such that it does not present a hazard or

inconvenience to road users.

(9) The permit holder shall ensure that the billboard is

removed by not later than midnight of the last day covered by the permit.

If the permit holder fails to fulfil this obligation the Authority may

remove the billboard itself at the permit-holder’s expense.

Political Billboards

(1) No person shall place or cause to be placed any political Permit required

for political

billboard on any road without a permit from the Authority.

billboards.

(2) An application to the Authority to erect a political

billboard shall indicate the dates during which the applicant intends to

erect and maintain the billboard on the prescribed form and shall be

accompanied by>

(i) a Site-Plan (Scale 1>2500) clearly indicating the location

where the billboard is to be placed<

(ii) a detailed drawing (Scale 1>200) clearly indicating the

dimensions of the billboard, and the materials, form and method

of construction thereof<

(iii) a copy of any necessary permit, authorisation or

notification to the competent authorities prescribed by the

Development Planning Act or any regulations issued thereunder Cap. 356.

or by any other provision of law.

General

(1) The Authority may, by written notice, order any operator Public decency,

security etc.

or permit-holder to remove from its billboard any advertising or other

material which may be offensive or contrary to public decency or public

security or otherwise against the public interest.

(2) Where an operator or permit holder is directed to remove

any contents from the billboard, the operator or permit holder, as the

case may be, shall, within two days of receipt of the written notice, take

such steps as may be necessary to give effect to that order.

(3) Where an operator or permit holder fails to comply with

the provisions of sub-regulation (2) hereof, the Authority may undertake

the necessary steps to remove the contents itself at the full expense of

the operator or permit holder.

(1) Any permanent billboard erected under these

regulations shall display, in an intelligible form, throughout the time

when it is erected, the allocation number.

(2) Any temporary or political billboard erected under these

regulations shall display, in an intelligible form, throughout the time

when it is erected, the permit number and the dates during which such

billboard is to remain so erected.

(1) The Authority reserves the right to remove itself any

billboard, which is in breach of these regulations, at the expense of the

owner thereof.

(2) Where the owner cannot be identified, or where the

Authority deems it more expedient to do so, it can charge the expenses

and obtain reimbursement from the company, organisation or other body

or person to which the contents of the material posted on the billboard

can be attributed.

(3) Where a billboard is removed by the Authority, it shall

only be released to the operator or permit holder upon payment of all

expenses incurred by the Authority in the removal and storage of such

billboard.

(4) Where a removed billboard remains unclaimed for a

period exceeding one month from its removal, such billboard may be

sold or otherwise disposed of by the Authority.

Any person who is found guilty of contravening these

regulations shall, on conviction, be liable to a fine (multa) equivalent to

not less than Lm100 and not exceeding Lm200 for every offence.

(1) The Authority may terminate any allocation agreement

awarded or permit issued under these regulations, on the grounds of a

breach of any condition included therein or on the grounds of public

policy, transport requirements or on any other grounds which it deems

justified in the circumstances.

(2) Notice of termination of the allocation agreement or of

the withdrawal of the permit shall be served upon the operator or the

permit holder and shall specify the time within which such person

shall remove the billboard and put the land over which it is erected

back to its original condition.

(1) A notice or an order issued by the Authority under Serving of notices

and orders.

these regulations shall be served by hand or by registered post upon the

operator or permit holder to which such order or notice applies, provided

that where the Authority deems it more expedient to do so it can serve

such notice upon the company, organisation or other body or person to

which the contents of the material posted on the billboard can be

attributed and such company, organisation or other body or person shall

take such action as is required in such notice or order.

(2) Where the notice or order requires the removal of a

billboard or the material displayed thereon, and these are not removed

by the expiration of the period stipulated for its removal, the person to

whom the notice or order is notified in terms of sub-regulation (1) of

this regulation shall be liable for the payment of the expenses incurred

by the Authority in removing such billboard or material. Furthermore

the Authority or its contractors shall not be held liable for any damage

which may be caused to such billboard or material.

No damages are to be incurred to any soft or hard landscaping on site.

Third party rights are not to be affected.

In the case where there are two or more billboards located on the same site, the

perpendicular distance between each successive billboard is not to be less than 10 metres

and is not to exceed 15 metres.

Mitbug] fl-Istamperija tal-Gvern - Printed at the Government Printing Press