New Roads and Road Works (Amendment) Regulations, 2011

L.N. 34 of 2011

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

New Roads and Road Works (Amendment) Regulations, 2011

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister for Infrastructure,

Transport and Communications has, after consultation with the

Authority for Transport in Malta, made the following regulations:-

(1) The title of these regulations is the New Roads and

Road Works (Amendment) Regulations, 2011 and they shall be

read and construed as one with the New Roads and Road Works

(Amendment) Regulations, 2010, hereinafter referred to as “the

principal regulations”.

(2) These regulations shall be deemed to have come

into force on the 19th December, 2010.

The scope of these regulations is to transpose the

provisions of Directive 2008/96/EC of the European Parliament

and the Council on road infrastructure safety management.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately before the definition “the Authority”

there shall be inserted the following new definition

“ “arterial and distributor roads” means those roads

accordingly listed by the Authority in terms of regulation

3(3) of these regulations;”;

(b) immediately after the definition “the European

Union” there shall be inserted the following new definition

“ “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 of these regulations;”;

(c)

immediately after the new definition “guidelines”

there shall be inserted the following new definition

“ “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, including, but not limited only to, traffic

management schemes;”;

(d) immediately after the definition “minor works”

there shall be inserted the following new definition

“ “network safety ranking” means a method of

identifying, analysing and classifying parts of the

existing road network according to their potential for

safety development and accident cost savings;”;

(e) immediately after the definition “public road” there

shall be inserted the following new definition

“ “ranking of high accident concentration sections”

means a method to identify, analyse and rank sections

of the road network which have been in operation for

more than three years and upon which a large number

of fatal accidents in proportion to the traffic flow have

occurred;”;

(f) immediately after the definition “road” there shall

be inserted the following new definition

“ “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;

(g) immediately after the new definition “road safety

audit” there shall be inserted the following new definition

“ “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;”;

(h) immediately after the definition “routine road

maintenance” there shall be inserted the following new

definition

“ “safety inspection” means an ordinary periodical

verification of the characteristics and defects that require

maintenance works for reasons of safety;”;

(i) immediately after the definition “traffic management

schemes” there shall be inserted the following new definition

“ “trans-European road network” means the road

network identified in Section 2 of Annex I to Decision

No 1692/96/EC of the European Parliament and of the

Council on Community guidelines for the development

of the trans-European transport network;”.

Immediately after regulation 8 of the principal regulations

there shall be inserted the following new regulations

(1) A road safety impact assessment shall

assessments. be undertaken by the Authority at the initial planning

stage of any infrastructure project on that part of the

national road network prescribed in the Third Schedule

to these regulations.

(2) Such impact assessments may also be carried

out at the initial planning stage of any infrastructure

project on the remaining arterial and distributor road

network.

(3) The impact assessment shall be carried

out during the planning stage of a project before the

completion of a definite design and it shall as much as

possible take into account the elements set out in Annex

I to Directive 2008/96/EC on road infrastructure safety

management.

(4) The results of the safety impact assessment

shall be considered in the planning process of the

project.

(5) Where changes are required to the planned

infrastructure project, the impact assessment shall

indicate the road safety considerations which contribute

to the choice of the proposed solution and shall further

provide all relevant information necessary for a cost-

benefit analysis of the different options assessed.

(1) Every infrastructure project on that

part of the national road network prescribed in the Third

Schedule to these regulations shall be subject to a road

safety audit 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 being opened to traffic, and

(d) approximately a year after being opened

to traffic.

(2) Road safety audits in terms of sub-regulation

(1) may also be carried out on any infrastructure project

on the remaining arterial and distributor road network.

(3) 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 of

Directive 2008/96/EC ”.

(4) A road safety audit may be undertaken in

conjunction with a road safety impact assessment as

provided for under regulation 8B.

(1) Road safety audits shall be carried

out by qualified road safety auditors designated for the

purpose by the Authority.

(2) The safety auditors referred to in sub-

regulation (1) shall not have been or are involved in the

conception or operation of the infrastructure project for

which they have been engaged to carry out the audit.

(3) Until the 18th December, 2013, only persons

who have, at least, relevant experience or training

in road design, road safety engineering and accident

analysis shall be considered to be qualified road safety

auditors.

(4)

With effect from the 19th December, 2013,

only persons who hold a certificate of professional

competence issued by the Authority or by a body

approved by the Authority or by any other competent

authority following initial training shall be considered to

be qualified road safety auditors. An auditor shall remain

so qualified if he takes part in further training courses

at least once every five years.

(5) The Authority shall recognise certificates of

professional competence issued to road safety auditors

before the coming into force of these regulations.

(6) The Authority shall, by the 19th December,

2011, provide training curricula for road safety auditors.

(1) The road safety auditor appointed to

carry out an audit of an infrastructure project shall set

out safety critical design elements in an audit report for

each stage of the project.

(2) 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 Authority shall give the

reasons thereof in an Annex to that report.

(3) The report referred to in sub-regulation (1)

shall result in relevant recommendations from a safety

point of view.

(1) At least every three years with effect

ranking of the

from the 1st January, 2011, a ranking of high accident

road network.

concentration sections and a network safety ranking

shall be carried out by the Authority on the basis of

reviews of the operation of the arterial and distributor

road network.

(2) For the purpose of the provisions of sub-

regulation (1), the Authority shall endeavour to meet the

criteria set out in Annex III to Directive 2008/96/EC and

shall keep a data record of fatal accidents occurring on

the arterial and distributor road network.

(3) For the purpose of keeping a record of fatal

accidents occurring on the arterial and distributor road

network, the Authority shall draw up an accident report

which shall include elements listed in Annex IV to

Directive 2008/96/EC.

(4) Road sections showing higher priority

according to the results of the ranking of high accident

concentration sections and from network safety ranking

shall be evaluated by expert teams by means of site visits

guided by the elements referred to in item 3 of Annex

III to Directive 2008/96/EC. At least one member of the

expert team shall meet the requirements of regulation

8C(2).

(5) Remedial treatment shall be targeted at road

sections referred to in sub-regulation (3) and priority

shall be given to those measures referred to in item

3(e) of Annex III to Directive 2008/96/EC, giving close

attention to those presenting the highest benefit-cost

ratio.

(6) The Authority shall calculate the average

social cost of a fatal accident and the average social

cost of a severe accident occurring on the national road

network and may choose to further differentiate the cost

rates, in which case they shall be updated at least every

five years.

(1) The Authority shall inform road users

of the existence of a high accident concentration section

and signs to be through the media and by placing appropriate warning

placed thereon.

signs close to such sections.

(2) Appropriate signs shall be put and kept in

place to warn road users of road infrastructure segments

that are undergoing repairs.

(3) The said signs shall include signs which

shall be visible during both day and night and they shall

be set up at a safe distance and shall comply with the

provisions of the Vienna Convention on Road Signs and

Signals of 1968.

(1) The Authority shall undertake, at least

every three to five years, safety inspections in respect

of all arterial and distributor roads in operations on the

national road network in order to identify the road safety

related features and prevent accidents.

(2) Safety inspections shall also be carried out

during road works on the national road network.

(3) Such inspections shall comprise inspections

of the road network and surveys on the possible impact

of road works on the safety of the traffic flow and shall

be based on guidelines adopted by the Authority.

(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.

(5) The inspections are to be carried out by a

team headed by a trained safety expert who shall not

have been or are involved in the design or construction

of any road for which a road inspection has to be carried

out in terms of this regulation.

(6) A road safety expert shall have the relevant

experience or training in road design, road safety, traffic

engineering and accident analyses.

(7) The safety expert shall prepare a formal

report on the detected safety issues and on general

recommendations to eliminate or mitigate problems.”.

5. Regulation 13 of the principal regulations shall be

amended as follows

(a) in the marginal note thereto for the words “having

access to a public road” there shall be substituted the words

“having access to a road belonging to Government”;

(b) in paragraph (a) of sub-regulation (1) thereof, for

the words “any public road” there shall be substituted the

words “any road belonging to the Government”.

6. Immediately after the Second Schedule to the principal

regulations, there shall be added the following new schedule

B

“THIRD SCHEDULE

(Regulation 2)

The trans-European

road SKEDA

network within the

“IT-TIELET

Authority’s jurisdiction

(Regolament 2)

In-netwerk tat-toroq trans-Ewropew fil-#urisdizzjoni tal-Awtorità

”.

IR-RABA’ SKEDA (Regolament 8A)