New Roads and Road Works Regulations, 2010

L.N. 29 of 2010

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

New Roads and Road Works Regulations, 2010

IN exercise of the powers conferred by article 43 of

the Authority for Transport in Malta Act, the Minister for

Infrastructure, Transport and Communications, in consultation

with the Authority for Transport in Malta has made the following

regulations:-

(1) These regulations may be cited as the New Roads

and Road Works Regulations, 2010.

(2) These rules shall be deemed to have come into

force on the 1st January, 2010.

PART I

PRELIMINARY PROVISIONS

(Regulation 27)

The charges payable to the Authority for the grant of a permit shall be as follows

Permit

Processing Fees

RWP1

Major Road Works

Permit

€120

RWP2

For each RWP 2 permit issued ……

€12

Emergency Road

For services rendered by the

Works Permit

Authority official called on site,

per hour or part thereof …………...

€60

Penalty where Authority official is

called on false emergencies ……….

€120

RWP3

Works in residential roads

Minor Road Works,

permit …………………….………..

€2.50

Maintenance and

Works in arterial/distributor roads

Repairs Permit

permit ……………..……………….

€24

Works on behalf of the

Authority ………………………….

Nil

B

In these regulations, unless the context otherwise

requires, the following expressions have the following meanings

“the Authority” means the Authority for Transport in

Malta established under the Authority for Transport in Malta

Act;

“application” means an application for any road works

permit;

“applicant” means the person commissioning the road

works;

“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;

“completion period” means the specified period in which

all works covered by the permit shall be completed;

“contractor” means an undertaking 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 €15,000;

“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

re-shaping of roads;

“the European Union” has the same meaning as is given

to it in the European Union Act and includes Norway, Iceland

and Liechtenstein;

“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;

“Local Council” means a local government council

established in terms of the Local Councils Act;

“local plan” has the same meaning as is given to it in the

Development Planning Act;

“local road” means a public road other than an arterial

road or a distributor road;

“maintenance” in relation to public roads includes

improvement and management;

“major works” means any road works which are neither

minor works nor emergency works;

“Malta Environment and Planning Authority” means

the Malta Environment and Planning Authority as established

under the Development Planning Act;

“Member State” means a Member State of the European

Union;

“the Minister” means the Minister responsible for roads;

“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;

(b) using an access hole for the purpose

of ducting, accessing, repairing, or maintaining

infrastructure under a road without effecting the traffic

flow;

(c) the installation, repair or maintenance of

traffic control items and inhabited road furniture not

requiring excavations;

(d)

routine road maintenance;

“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;

“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;

“permit” means a road works permit required from the

Authority under the provisions of these regulations;

“person” means any natural or legal person;

“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;

“private road” means any road other than a public road;

“public road” means any road which the Authority or a

Local Council have a duty to maintain;

“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;

“road” has the same meaning as is given to it in the

Authority for Transport in Malta Act;

“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;

“routine road maintenance” means actions performed

on a regular basis in order to keep a road, inhabited road, or

bridge safe and fit for travel, actions performed to prevent

deterioration where possible, and actions performed to return

the appearance of the road surface and roadside to good

condition; it includes, but is not limited to, patching pot

holes, surface patching, crack sealing and filling, cleaning of

inhabited roads, drains and culverts; installing traffic signs

and signals; replacing damaged signs and road markings,

controlling roadside brush and vegetation; cleaning roadside;

repairing sidewalks;

“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;

“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 utilities” 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 gas or water or sewage to the public. The utility

provider may be Government or publicly or privately owned.

PART II

CONSTRUCTION AND MAINTENANCE OF ROADS

(Regulations 28, 35)

TRAFFIC MANAGEMENT CLASSIFICATION DURING ROAD WORKS

Item

Minimum Requirements

Standard Requirements

Fine for

breach

TM A - Works on ALL roads not affecting traffic in any way

Works carried out on

1. Provide temporary

1. Temporary Traffic

€50

footpath

pedestrian access (Safe route

Management Arrangements

for pedestrians)

in line with: Safety at

2. Approval by Authority for

Inhabited Road Works and

Transport in Malta for any

Road Works - A Code of

obstruction to pedestrian

Practice

crossing and pedestrian areas

2. Traffic Signs Manual

Chapter 8 Volume 1Traffic

Works carried out

Safety Measures and Signs

within the parking bay

for Road Works and

area, not affecting

Temporary Situations

traffic

3. Construction machinery not

obstructing carriageway

4. Programme of Works

TM B - Works on traffic carriageway on ALL roads partially obstructing traffic, however,

existing traffic flows retained

Works on traffic

1. Provide temporary

1. Traffic Management Plan

€100

carriageway

pedestrian access (Safe route

of works area

for pedestrians)

2. Enforcement required

Temporary Traffic Management 3. Programme of Works

Arrangements in line with Code 4. Construction machinery not

Works on centre-

2. Approval by Authority for

obstructing carriageway

strips, side verges,

roundabouts and any Transport in Malta for any

obstruction to pedestrian

other road junctions

crossing and pedestrian areas

etc.

TM C - Works on ALL roads affecting traffic, including partial and full obstruction, where

traffic diversions are required

Works on

1. Provide temporary

1. Traffic Management Plan

€300

carriageway fully

pedestrian access (Safe route

of works area

obstructing traffic flow for pedestrians)

2. Traffic Management Plan

on arterial, distributor, Temporary Traffic Management of area-wide

link roads and other

Arrangements in line with Code 3. Enforcement required

roads (as required)

2. Approval by Authority for

4. Programme of Works

Transport in Malta for any

5. Construction machinery not

obstruction to pedestrian

obstructing carriageway

crossing and pedestrian areas

TM D - Development Projects (Industrial, Residential, Commercial) which have an impact on

existing adjacent roads

Works on

1. Provide temporary

1. Impact on change in traffic

€500

development projects pedestrian access (Safe route

volumes, traffic patterns,

which have an impact for pedestrians)

vehicle mix, road environment

on the characteristics Temporary Traffic Management 2. Traffic Management Plan

of the existing

Arrangements in line with Code of development works area

adjacent roads.

2. Approval by Authority for

3. Programme of Works

Transport in Malta for any

4. Construction machinery not

obstruction to pedestrian

obstructing carriageway

crossing and pedestrian areas

€2.24

(1) The Authority shall provide, either by itself or

through an undertaking, and where appropriate in consultation

with the Malta Environment and Planning Authority, for the

construction, reconstruction, widening, renewal, upkeep,

improvement, management, maintenance and classification of

roads

Provided that where the road is neither an arterial road

nor a distributor road, the upkeep, improvement and maintenance

thereof shall be provided for by the appropriate Local Council in

accordance with article 33 of the Local Councils Act.

(2) The Authority shall endeavour to ensure the

highest quality standards and safety in any road construction,

reconstruction, maintenance or any other road works and that such

works are carried solely by contractors as defined under these

regulations.

(3) The Authority shall keep a list, available on

request, of all public roads as classified by it and may, at any time,

delete from or add roads to that list.

Whenever it appears expedient to lay out a new arterial

or distributor road or to widen or to deviate an existing arterial or

distributor road, the Authority shall cause a notice, accompanied

by a plan showing the proposed new road or the portion of 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.

Any land required in connection with the construction, Acquisition of land for

widening or deviating of any road shall be acquired in accordance

with the Land Acquisition (Public Purposes) Ordinance.

The Authority may prepare and publish a Code of Code of Practice.

Practice to guide itself, Local Councils, utility providers and

communications service providers in the best principles of good

practice in particular to minimize disruption and inconvenience

during road works.

(1) Any person designing or building any road or Compliance with

carrying out maintenance or other work thereon shall comply with standards.

the following Design and Construction Standards for Road Works

(i) Volume 1- Specifications for Road Works;

( i i ) Vo l u m e 2 – N o t e s f o r G u i d a n c e o n t h e

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) Volume 5 - Design Manual for Roads and Bridges;

(vi) Volume 6 - Guidelines for the Standard

Presentation of Design Documents for Road Construction.

(vii) Volume 7 – Directives for the Standardization of

Pavements for Traffic Areas.

(2) The said Design and Construction Standards for

Road Works shall be accessible to the public at the offices of the

Authority, during normal office hours.

(3) 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 against

any person acting in his or her official capacity as an officer or

an employee of Government or of any such aforesaid authority

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.

(1) In an action against the Authority or a Local Council

in respect of injury or damage resulting from its failure to maintain

a road it shall be a defence to prove that –

(a) the Authority or Local Council had taken such care

as in all the circumstances was reasonably required to secure

that the part of the road to which the action relates was not

dangerous for traffic; or

(b)

that the injury or damage resulted –

(i) from works carried out on or under that part

of the road to which the action relates; and

(ii) from an event which occurred before the

completion of the re-instatement or making good of

that part of the road in accordance with any relevant

requirement.

(2) For the purposes of a defence under paragraph

(1)(a) the court shall in particular have regard to the following

matters –

(a) the character of the road, and the traffic which was

reasonably expected to use it;

(b) the standard of maintenance appropriate for a road

of that character and used by such traffic;

(c) the state of repair in which a reasonable person

would have expected to find the road;

(d) whether the Authority or Local Council knew,

or could reasonably have been expected to know, that the

condition of the part of the road to which the action relates

was likely to cause danger to users of the road;

(e) where the Authority or Local Council could not

reasonably have been expected to repair that part of the road

before the cause of action arose, what warning notices of its

condition had been displayed

Provided that for the purposes of such a defence, it shall

not be relevant to prove that the Authority or Local Council,

as the case may be, had arranged for an authorized contractor

to carry out or supervise the maintenance of the part of the

road to which the action relates, unless it is also proved that

the Authority or Local Council had given that contractor

proper instructions with regard to the maintenance of the road

and that it had carried out the instructions.

PART III

ROADS IN INHABITED AREAS

(1) Every new road in any inhabited area or any road Width of new roads in

made with a view that it may form part of an inhabited area which inhabited areas.

may hereafter be built up shall be at least eight metres wide

Provided that the Malta Environment and Planning

Authority, in consultation with 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 Malta Environment and Planning Authority, in consultation

with the Authority, be reduced to six metres.

No new road in an inhabited area, nor any road made Course, direction and

with a view that it may form part of an inhabited area which may position

hereafter be built up, shall be made without the sanction from the

Malta Environment and Planning Authority, in consultation with

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.

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

Malta Environment and Planning Authority, in consultation with

the Authority, and the Malta Environment and Planning Authority

may refuse permission for the opening of a new such road

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.

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 Malta Environment and Planning Authority, in

consultation with 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.

(1) (a) Subject to the provisions of regulations 9,

10, 11 and 12, no person may commence the construction of any

building having access to, or having any window or other opening

on to, any public road, before paying to the Malta Environment

and 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 Malta Environment and Planning Authority at least twenty-five

per cent of such contribution and at the same time undertaking in

writing to pay the balance within a period of not more than twelve

months by equal monthly installments, 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 installment referred to in

paragraph (a) is not paid within ten days from the date when the

payment of such installment falls due, the whole amount of the

outstanding contribution shall become and be immediately due and

owing to the Malta Environment and 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

Malta Environment and Planning Authority as in the case of a new

road and such contribution shall only be levied from the owner or

owners who has or 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 Malta

Environment and 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 Malta Environment

and Planning Authority

Provided that any party interested may impugn the

assessment of the Malta Environment and Planning Authority by

an application before the competent civil court.

(5) The rates of contributions leviable 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 Malta Environment and Planning Authority on account of

the Government.

(1) The rates to be charged by the Authority for the Rates for levelling,

levelling, metalling and asphalting of surface otherwise of roads etc., of roads.

in an 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 Authority

may itself proceed to form such a road after giving notice of its

intention so to do 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 Authority shall have

the right to recover any expense so made from such person.

PART IV

PRIVATE ROADS

The Authority 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.

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 directions and to the satisfaction of the Authority. 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 Authority.

Every private road shall be kept in a proper state of

repair to the satisfaction of the Authority, by the person by whom

such road shall have been opened.

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 of the regulations, be

deemed to be the persons who opened such road and the 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.

(1) Without prejudice to any other action available

according to law, the Authority 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 16 and 17 after having given the

owner notice by registered letter of its decision so to do; any such

works shall be 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 said Authority, 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 Authority 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 sub-

regulation (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 Authority together with

that interest thereon shall constitute a privileged claim in favour

of the Authority on that owner’s property immediately abutting on

the inhabited road, 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 19, the expense incurred by the Authority

shall be apportioned by the Authority among the owners in

proportion to the frontage of their respective land or buildings

along the inhabited road

Provided that any owner may impugn the assessment

made by the Authority by an application before the competent civil

court in contestation with the said Authority.

PART V

ROAD NAMES

The Authority, and to the extent of any responsibility

of a Local Council in terms of the Local Councils Act, a Local

Council, in consultation with the Malta Environment and 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.

Where a Local Council shall cause the name by which

a private road is to be called, that road shall remain to be a private

road.

(1) 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 21 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.

(2) The name of any road shall be preserved until the

Minister responsible for the Police directs the alteration thereof.

(3) Any order of the Minister responsible for the

Police for the alteration of the name of any road or for giving or

approving a name to a new road shall be published in the Gazette.

(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.

(2) Where a person contravenes the provisions of sub-

regulation (1), such person shall be guilty of a contravention and

shall, on conviction, be liable to a fine (ammenda) of one hundred

euro (€100).

PART VI

ROAD WORKS

(1) Without prejudice to the obligations relating to

road works under any other regulations in force, no works shall

be executed in, or excavations made under a public road without a

permit from the Authority as described hereinafter.

(2) The application for a permit shall be made to

the Authority by the person commissioning the works 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 to these regulations.

(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 executed by a contractor

and Local Councils, utility services providers, communications

service providers and contractors involved shall at all stages follow

the Code of Practice.

(1) There shall be three types of road works permits as

(a) Major Road Works Permit – RWP 1

(b)

Emergency Road Works Permit – RWP2

(c) Minor Road Works, Maintenance and Repairs

Permit – RWP3.

(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

(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

(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 an Authority

engineer 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 to these regulations.

(1) Where the Authority issues a permit under 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)

days on which works may not be carried out;

(b) times of day during which works may not be

carried out;

(c) 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) performance and, or defects liability conditions.

(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 €50 for each contravention, which fine shall

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 hereto.

(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.

(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.

(1) The Authority 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.

(2) Where such works are contracted by the Authority,

this shall be done on behalf and at the expense of the utility service

provider concerned.

(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 project owner and, or the

applicant in respect of those works and ensures 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 minimize the

inconvenience and danger to the public by the said road works.

(2) The said traffic management plan and the required

measures shall be carried out at the expense of the applicant.

(3) The contractor shall maintain the traffic

management plan throughout all the works execution period.

Failure to do so shall make the contractor liable to an administrative

fine as provided for in the Second Schedule hereto, which fine shall

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.

A contractor executing road works shall compensate Liability for damage.

third parties in respect of any damages or loss suffered by third

parties as a result of the execution of those road works

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.

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.

(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.

(2) Major and emergency road works shall, upon

completion, be tested by an independent and accredited laboratory

recognised by the Authority.

(3) In addition to the test carried out as provided for

in sub-regolament (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.

(4) Reinstatement works shall be subject to a two-year

guarantee, unless otherwise stated.

(5) 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 shall carry out the works

itself at the expense of the contractor concerned.

(6) The Authority may exclude from road works, for

pre-established period of times of no less than six consecutive

months, contractors who consistently fail from such compliance.

Contractors shall be required to pay a charge of between

€50 and €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 thereof.

(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

24 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) hereof

shall bear an administrative penalty of €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 Authority, 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) hereof.

PART VII

OTHER PROVISIONS

The Authority may give orders and take the requisite Closing of roads

steps for closing any road and stopping the thoroughfare thereof during repairs.

during the construction, alteration, repair or demolition of such

road, or of a conduit, sewer or other public work in such road.

It shall not be lawful, without a permit from the Works causing

Authority and, or a licence from the appropriate Local Council, obstruction

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 local warden,

to leave any building or work which is ruinous or dangerous to

persons or to the property of others.

Any person intending to take down, construct, alter, Fences to be set up

or repair any building in such a manner as will necessitate the during repairs.

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.

A sufficient light shall also be placed, during the night, Light at night-time

on or near the materials lying in the road, by the person who shall to

have laid there such materials on the occasion of any building, road.

repair or excavation.

It shall not be lawful to leave in any road building Prohibition to leave

materials or other obstructions longer than necessary; and in obstruction in road

any such case, the proof that the necessary time has not been longer than necessary.

exceeded shall lie on the person so causing such materials or other

obstructions to be laid.

(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.

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.

(1) A person committing an offence under regulations

35(1) and 38 is liable, upon conviction, to a fine (ammenda) of

€1,000.

(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 carry out the re-instatement

at the expense of the grantee. Such reinstatement expense shall be

withdrawn from the bank guarantee.

(3) Where reinstatement is affected or remedied by the

Authority, the contractor is still responsible for such reinstatement.

(4) The person on whose behalf or at whose request

the works have been carried out 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 €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, on conviction, to a fine

(ammenda) of not less than €20 but not exceeding €250.

The Road Works (Design and Construction) Standards

2003. Regulations, 2003, are hereby repealed.

B