New Roads and Road Works Regulations, 2018

L.N. 291 of 2018

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

New Roads and Road Works Regulations, 2018

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:-

The title of these regulations is the New Roads and Road

Works Regulations, 2018.

PART I

PRELIMINARY PROVISIONS

(Regulation 31)

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

as follows

Permit

Processing Fees

(a) Works, not exceeding 10 metres in length, to be

carried out in local/residential roads ...........................

€150

(b) Works, exceeding 10 metres in length, to be carried in

RWP1

local/residential roads ................................................

€250

Major Road Works

Permit

(c) Works to be carried out in distributor and arterial

roads ..........................................................................

€250

(d) Road construction works .............................................

€500

(a) For each RWP 2 permit issued ....................................

€50

RWP2

(b) For services rendered by the Authority official called

Emergency Road

on site, per hour or part thereof ...................................

€60

Works Permit

(c) Penalty where Authority official is called on false

emergencies ................................................................

€500

(a) Works [excluding those works referred to in

paragraph (b) of the definition of "minor works" in

regulation 2] in residential roads ................................

€10

RWP3

(b) Works [excluding those works referred to in

Minor Road Works,

paragraph (b) of the definition of "minor works" in

Maintenance and

regulation 2] in arterial or distributor roads ...............

€25

Repairs Permit

(c) Works on behalf of the Authority and those referred to

in paragraph (b) of the definition "minor works" in

regulation 2 .................................................................

Nil

In these regulations, unless the context otherwise requires,

the following expressions have the following meanings

"arterial and distributor roads" has the same meaning as is given

to it in the Agency for Infrastructure Malta Act;

"the Agency" shall mean the Agency for Infrastructure Malta as

established by and under the Agency for Infrastructure Malta Act;

"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,

and includes the Agency for Infrastructure Malta;

"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 commissioned by an

applicant to undertake road works and 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 up to

fifteen thousand euro (€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 Cap. 460.

Liechtenstein;

"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;

"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;

"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, or any other area

designated as such by the Minister in consultation with the Authority;

"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" has the same meaning as is given to it in the

Agency for Infrastructure Malta Act;

"maintenance" in relation to public roads includes improvement

and management;

"major works" means any road works which are neither minor

works nor emergency works;

"Planning Authority" means the 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 infrastructure;

"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 and which includes trenching

not exceeding a total area of three square metres;

(b)

using an access hole for the purpose of ducting,

assessing, repairing or maintaining infrastructure under a road

without effecting traffic flow not requiring excavation;

(c)

the excavation of trial pits to assess or detect buried

infrastructure;

(d)

the placing of any thing in any road that directly or

indirectly causes obstruction to the traffic flow;

(e)

the installation, repair or maintenance of traffic

control items and inhabited road furniture not requiring

excavations;

(f)

routine road maintenance in local roads, arterial

and distributor roads;

"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;

"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" has the same meaning as is given to it in the

Agency for Infrastructure Malta Act;

"public road" means any road not being a private road, which

includes both arterial and distributor roads and local roads;

"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;

"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 Agency for

Infrastructure Malta Act;

"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;

"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;

"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 safe and fit for travel, actions

performed to prevent deterioration where possible, and actions

performed to return the appearance of the road surface to good

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

patching, crack sealing and filling, cleaning of roads, drains and

culverts; installing traffic signs and signals; replacing damaged signs

and road markings, controlling roadside brush and vegetation;

"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;

"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;

"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

communication or gas or water or sewage to the public. The utility

provider may be the Government or may be publicly or privately

owned.

PART II

CONSTRUCTION AND MAINTENANCE OF ROADS

(Regulations 32, 38)

TRAFFIC MANAGEMENT CLASSIFICATION DURING ROAD WORKS

Fine for

Item

Minimum Requirements

Standard Requirements

breach

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

Works carried

1. Provide

temporary

1. Temporary

Traffic

€50

out on footpath

pedestrian access (Safe

Management Arrangements

route for pedestrians)

in line with: Safety at

Works carried

Inhabited Road Works and

out within the

2. Approval by Authority

Road Works - A Code of

parking bay

for Transport in Malta

Practice

area, not

for any obstruction to

affecting traffic

pedestrian crossing and

2. Traffic Signs Manual Chapter

pedestrian areas

8 Volume 1Traffic Safety

Measures and Signs for Road

Works

and

Temporary

Situations

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 of

€100

carriageway

pedestrian access (Safe

works area

route for pedestrians)

2. Enforcement required

Temporary

Traffic

Works on

Management

centre- strips,

3. Programme of Works

Arrangements in line

side verges,

with Code

roundabouts

4. Construction machinery not

and any other

obstructing carriageway

2. Approval by Authority

road junctions

for Transport in Malta

etc.

for any obstruction to

pedestrian crossing and

pedestrian areas

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 of

€300

carriageway

pedestrian access (Safe

works area

fully

route for pedestrians)

2. Traffic Management

Plan

obstructing

Temporary

Traffic

area-wide

traffic flow on

Management

arterial,

Arrangements in line

3. Enforcement required

distributor, link

with Code

roads and other

4. Programme of Works

2. Approval by Authority

roads (as

for Transport in Malta

required)

5. Construction machinery not

for any obstruction to

obstructing carriageway

pedestrian crossing and

pedestrian areas

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

existing adjacent roads

4.1

Works on

1. Provide

temporary

1. Impact on change in traffic

€500

development

pedestrian access (Safe

volumes, traffic patterns,

projects which

route for pedestrians)

vehicle

mix,

road

have an impact

environment

Temporary

Traffic

on the

Management

2. Traffic Management Plan of

characteristics

Arrangements

in

line

development works area

of the existing

with Code

adjacent roads

3. Programme of Works

2. Approval by Authority

4. Construction machinery not

for Transport in Malta

obstructing carriageway

for any obstruction to

pedestrian crossing and

pedestrian areas

B B 2894

Whenever, in terms of the exercise of its functions under

article 6 of the Agency for Infrastructure Malta Act, a new road is

being constructed or re-constructed or an existing road is being

widened or deviated by the Agency, the Agency shall cause a notice,

accompanied by a plan showing the proposed new road or the portion

of the 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.

(Regulation 2)

The trans-European road network within the Authority’s jurisdiction

€2.43

The Authority may prepare and publish a Code of Practice

setting out best principles of good practice with respect to road works

applicable to any person conducting such roads works and in

particular to minimise disruption and inconvenience during road

works.

(1)

The designing, building, or the carrying out of Compliance

maintenance or other works on any road shall comply with the with standards.

following Design and Construction Standards for Road Works, which

shall be accessible to the public at the offices of the Authority, during

normal office hours or on any online medium

(i)

Volume 1- Specifications for Road Works;

(ii)

Volume 2 - Notes

for

Guidance

on

the

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 Standardisation of

Pavements for Traffic Areas.

(2) 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 Agency 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 or agency

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)

A road safety impact assessment shall be Road safety

undertaken by the Agency at the initial planning stage of major impact

assessments.

infrastructural project on that part of the national road network

prescribed in the Third Schedule, to be submitted to the Authority.

(2) Such impact assessments may also be carried out at the

initial planning stage of any infrastructure project on the remaining

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 by the Agency 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 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 6.

(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) 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.

(4) The Authority shall recognise certificates of professional

competence issued to road safety auditors before the coming into

force of these regulations.

(5) The Authority shall provide training curricula for road

safety auditors.

(1)

The road safety auditor appointed to carry out an Safety audit.

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 a ranking of high Safety ranking

accident concentration sections and a network safety ranking shall be of

network.

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 8(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 through the media

and by placing appropriate warning signs close to such sections.

(2) The Agency shall, in accordance with such directives as

the Authority may issue from time to time, put and keep in place

appropriate signs 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.

PART III

ROADS IN INHABITED AREAS

(1)

Every new road in any inhabited area or any road Width of new

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

inhabited areas.

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

Provided that the Planning Authority, in consultation with

the Agency and 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

Planning Authority, in consultation with the Agency and the

Authority, be reduced to six metres.

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

a view that it may form part of an inhabited area which may hereafter direction

position of new

be built up, shall be made without the sanction from the Planning roads

inhabited areas.

Authority, in consultation with the Agency and 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 Permission

hereafter be built up may only be opened with the permission of the required

opening of a

Planning Authority, in consultation with the Agency and the new

inhabited area.

Authority, and the Planning Authority may refuse permission for the

opening of such a new 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 Erection of

shall be erected before the road has been levelled to the proper line buildings

new roads.

fixed by the Planning Authority, in consultation with the Agency and

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 13, 14,

15 and 16, no person may commence the construction of any building

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

road belonging to the Government, before paying to the 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 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 instalments, 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 instalment referred to in

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

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

outstanding contribution shall become and be immediately due and

owing to the 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 Planning

Authority as in the case of a new road and such contribution shall

only be levied from the owner who has or owners who 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 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 Planning Authority

Provided that any party interested may impugn the

assessment of the Planning Authority by an application before the

competent civil court.

(5) The rates of contributions which may be levied 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 Cap. 552

42 of the Development Planning Act.

(6) The said contributions shall be collected and levied by the

Planning Authority on account of the Government.

(1)

The rates to be charged by the Agency for the Rates for

levelling, metalling and asphalting of surface otherwise of roads in an levelling,

of roads.

inhabited area or an area which may hereafter be built up shall be Cap. 499.

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 Agency may itself proceed to

form such a road after giving notice of its intention to do so 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 Agency shall have the right to recover any expense so made

from such person.

PART IV

PRIVATE ROADS

The Agency may, at any time, carry out or cause or allow Agency may

to be carried out in and under any private road any work whatsoever carry

in private roads.

which it considers necessary or useful on grounds of public utility.

Every new private road shall be properly levelled, metalled Levelling, etc.,

and put in a proper state as regards its drainage, by the person by of

by owner.

whom such road shall have been opened, in accordance with the

directives of the Authority to the satisfaction of the Agency. 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 Agency.

Every private road shall be kept in a proper state of repair Upkeep of

to the satisfaction of the Agency, by the person by whom such road private roads.

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, 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 Agency 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 20 and 21 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 Agency, 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 Agency 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 Agency together with that interest

thereon shall constitute a privileged claim in favour of the Agency 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 Expenses

claim under regulation 23, the expense incurred by the Agency shall incurred

Agency to be

be apportioned by the Agency among the owners in proportion to the apportioned

among the

frontage of their respective land or buildings along the inhabited road: owners.

Provided that any owner may impugn the assessment made

by the Agency by an application before the competent civil court in

contestation with the said Agency.

PART V

ROAD NAMES

The Agency, the Authority, and to the extent of any Power in

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

painting of

a Local Council, in consultation with the Planning Authority, may names

etc.

cause the name by which any road is to be called, as well as the name Cap. 363.

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 a private road.

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 25 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.

(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 laws or regulations in force, no works

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

a permit from the Authority following consultation with the Agency

or Local Council, as the case may be, which may also impose

conditions as described hereinafter.

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

by the applicant 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.

(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 carried out by Local Councils,

the Agency for Infrastructure Malta, utility services providers, and

communications service providers, and all parties involved shall at all

stages follow the Code of Practice

Provided that no works shall commence by utility service

providers, communication service providers or any contractor thereof,

prior to the issuance of the necessary permit by the Authority, and a

licence from the Local Council concerned, as prescribed in the Local Cap. 363.

Council’s Act

Provided further that in the case of emergency works, the

Authority must following the approval and permit for said works and

prior to the commencement thereof immediately notify the Local

Council of the works to be carried out.

(6) Where works in contravention of any of the dispositions of

the provisions of sub-regulation (5) are undertaken, the contractor or

service provider as the case may be shall be liable to an

administrative fine (ammenda) imposed by the Authority of up to one

thousand (€1,000) euro for each contravention, which fine

(ammenda) may also be withdrawn from the bank guarantee.

(1)

There shall be three types of road works permits as Types of

permits.

follows

(a)

Major Road Works Permit - RWP 1,

(b)

Emergency Road Works Permit - RWP 2,

(c)

Minor Road Works, Maintenance and Repairs

Permit - RWP 3.

(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 works.

(1)

An application for the granting or renewal of any of Processing of

the permits prescribed by these regulations shall not be processed by applications

road works

the Authority where the application -

permits.

(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 the Authority confirms

the emergency of such works and issues the relative permit

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;

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

(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

(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

Provided that the Authority may impose any other

conditions following consultation with the Agency or Local Council,

as the case may be.

(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

fifty euro (€50) for each contravention, which fine may 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.

(1)

Meta l-Awtorità toħroġ permess taħt dawn ir-

regolamenti, hija tista’ tehmeż mal-permess dawk il-kondizzjonijiet li

taħseb li jkunu xierqa b’konjizzjoni għaċ-ċirkostanzi kollha tal-każ.

(2) Mingħajr preġudizzju għall-ġeneralità tas-subregolament

(1), it-tipi ta’ kondizzjonijiet li l-Awtorità tista’ tehmeż mal-permess

taħt l-imsemmi subregolament jinkludi kondizzjonijiet li għandhom

x’jaqsmu ma’, iżda mhux limitatament għal -

(a)

ġranet li fihom ma jkunux jistgħu jsiru x-xogħlijiet;

(b) ħinijiet tal-ġurnata li fihom ma jkunux jistgħu jsiru x-

xogħlijiet;

(ċ)

il-projbizzjoni jew restrizzjoni tat-traffiku;

(d) arranġamenti li jkollhom isiru għall-maniġġar tat-

traffiku b’rabta max-xogħlijiet kif imsemmi fit-Tieni Skeda;

(e)

il-mod li fih ix-xogħlijiet imsemmija għandhom isiru;

(f) konsultazzjoni u pubbliċità dwar ix-xogħlijiet

imsemmija, kompriż il-wiri ta’ informazzjoni fil-post fejn ikunu

qegħdin isiru x-xogħlijiet;

(g) konformità sħiħa mal-linji gwida u l-linji ta’ politika

pubblikati minn żmien għal żmien mill-Awtorità; u

(h) il-kondizzjonijiet dwar kif għandhom isiru x-

xogħlijiet u, jew dwar ir-responsabbiltà ta’ difetti

Iżda l-Awtorità tista’ timponi kull kundizzjoni oħra wara

konsultazzjoni mal-Aġenzija jew il-Kunsill Lokali, skont il-każ.

(3) Meta kuntrattur jagħmel xogħlijiet bi ksur ta’ xi waħda

mill-kundizzjonijiet li jkunu ġew mehmuża mal-permess jew bi ksur

ta’ xi ordni li l-Awtorità tista’ tagħti, l-Awtorità, jekk tħoss li jkun

xieraq li tagħmel hekk, tista’ tirrevoka jew tissospendi l-permess skont

ma jkun il-każ, u l-kuntrattur jeħel multa amministrattiva ta’ ħamsin

euro (€50) għal kull kontravvenzjoni, u dik il-multa tista’ tinġibed

mill-garanzija bankarja

Iżda fejn il-kontravvenzjoni tkun bi ksur ta’ xi kondizzjoni

dwar il-maniġġar tat-traffiku, il-multa amministrattiva għandha tkun

skont dawk li hemm fit-Tieni Skeda.

(1)

Where the Authority refuses to issue a permit, it Refusal to grant

shall by notice in writing, within seven days, inform the applicant of an

or a permit.

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 Cap. 490.

the Administrative Justice Act.

(1)

The Agency shall have the power to contract major The Agency

road works where such works are to be commissioned by a utility may

major works.

services provider which is Government owned.

(2) Where such works are contracted by the Agency, 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 Protection of

permit for road works, approve a suitable and safe traffic traffic

commuters.

management plan prepared by the applicant in respect of those works

and ensure 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 minimise

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 applicant shall ensure that the contractor shall

maintain the traffic management plan throughout all the works

execution period. Failure to do so shall make the applicant and, or the

contractor liable to an administrative fine as provided for in the

Second Schedule, which fine may also 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 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.

(1)

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.

(2) Where the contractor fails to reinstate the road as required

in sub-regulation (1), the contractor or service provider as the case

may be shall be liable to an administrative fine (ammenda) imposed

by the Authority of up to fifteen thousand (€15,000) euro, which fine

(ammenda) may also be withdrawn from the bank guarantee.

(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 prior to which the

no objection of the contracting authority must be obtained.

(2) The Authority shall then inform the Agency of the issuance

of the compliance certificate.

(3) Major and emergency road works shall, upon completion,

be tested by an independent and accredited laboratory recognised by

the Authority.

(4) In addition to the test carried out as provided for in sub-

regulation (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.

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

guarantee, unless otherwise stated.

(6) 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 may ask the Agency to carry out the works

itself at the expense of the contractor concerned.

(7) 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 Charges for

fifty euro (€50) and five hundred euro (€500) for each day, or part prolonged

works.

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.

(1)

It is an offence for a person to execute, or cause or Prohibitions of

unauthorised

suffer to be executed, any unauthorised road works.

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 twenty-four

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) shall bear an

administrative penalty of five hundred euro (€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 Agency, 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).

PART VII

OTHER PROVISIONS

The Authority may give orders and take the requisite steps

for closing any road and stopping the thoroughfare thereof 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 Authority,

the obtaining of the necessary licence from the appropriate Local

Council, 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, or

repair any building in such a manner as will necessitate the 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, on

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

laid there such materials on the occasion of any building, repair or

excavation.

It shall not be lawful to leave in any road building

materials or other obstructions longer than necessary; and in any such

case, the proof that the necessary time has not been 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, Openings in

leading to a vault, cellar, or other place underground, shall be covered surface

footway leading

by a door or other proper covering, and such door or covering shall be to

to be covered.

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, Rebuilding of

any wall of such tenement which shall have fallen on the road, or walls

the road.

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 regulation Penalties.

39(1) or regulation 41 is liable to a fine (ammenda) of one thousand

five hundred euro (€1,500).

(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 ask the Agency to carry out the re-instatement

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

withdrawn from the bank guarantee.

(3) Where reinstatement is effected or remedied by the

Authority, the contractor is still responsible for such reinstatement.

(4) The applicant 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 fifty euro (€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 to a fine (ammenda) of not less

than twenty euro (€20) but not exceeding one thousand five hundred

euro (€1,500).

The New Roads and Road Works Regulations are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.