Various Laws relating to New Roads and Road Works

L.N. 159 of 2022

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Various Laws relating to New Roads and Road Works

(Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister responsible for

transport, after consultation with the Authority for Transport in Malta,

has made the following regulations

(1) The title of these regulations is the Various Laws

relating to New Roads and Road Works (Amendment) Regulations,

2022. (2) The scope of these regulations is to transpose the

provisions of Directive (EU) 2019/1936 of the European Parliament

and of the Council of 23 October 2019 amending Directive 2008/96/

EC on road infrastructure safety management.

PART I

AMENDMENTS TO THE NEW ROADS AND ROAD WORKS

REGULATIONS

This Part amends the New Roads and Road Works

Regulations and shall be read and construed as one with the New

Roads and Road Works Regulations, hereinafter in this Part referred to

as "the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately before the definition "arterial and

distributor roads" there shall be added the following new

definition

" "accident report" means a preliminary report drawn

up solely for purposes of data management which shall, in

as far as possible, include the elements listed in Annex IV

to Directive 2008/96/EC;";

(b) immediately after the definition "applicant" there

shall be added the following new definition

" "certificate of competence" means a certificate of

competence issued to road safety auditors by the Authority

in terms of Regulation 12D;";

(c) immediately after the definition "certificate of

competence", as added, there shall be added the following new

definition

" "Commission" means the European Commission as

established by Article 13 of the Treaty on European

Union;";

(d) immediately after the definition "communications

service provider" there shall be added the following new

definition

" "competent entity" means the public entity or

private developer that has appointed the road safety auditor

for the purposes of carrying out the road safety audits;";

(e) immediately after the definition "contractor" there

shall be added the following new definition

" "Directive 2008/96/EC" means Directive 2008/96/

EC of the European Parliament and of the Council of 19

November 2008 on road infrastructure safety management

as amended by Directive (EU) 2019/1936 of the European

Parliament and of the Council of 23 October 2019;";

(f) in the definition "guidelines", the words "Part II"

shall be substituted by the words "Part II bis";

(g) in the definition "infrastructure project" the words ",

including, but not limited only to, traffic management schemes"

shall be deleted;

(h)

the definition "network safety ranking" shall be

deleted;

(i) immediately after the definition "occupier" there shall

be added the following new definition

" "other EU funded road projects" means roads and

road infrastructure projects situated outside urban areas

which do not serve properties bordering on them, and do

not serve asaccess roads to industrial estates or agricultural

sites, which are completed using European Union funding

in whole or in part;";

(j) immediately after the definition "owner" there shall

be added the following new definition

" "periodic road safety inspection" means an ordinary

periodical verification of the characteristics and defects that

require maintenance work for reasons of safety;";

(k) immediately after the definition "person", there shall

be added the following new definition

" "primary road" means a road of the highest

classification situated outside urban areas, that connects

major cities or regions, as classified in the Third Schedule

to these regulations;";

(l) the definition "ranking of high accident concentration

sections" shall be deleted;

(m) immediately after the definition "residential

building", there shall be added the following new definition

" "RISM Road System" means roads which are part

of the Trans-European Road Network and other primary

roads illustrated in the Third Schedule and other EU funded

road projects;";

(n) the definition "road safety impact assessment" shall

be substituted by 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, as defined in

guidelines published by the Authority;";

(o) immediately after the definition "routine road

maintenance", there shall be added the following new definition

" "targeted road safety inspection" means a targeted

investigation to identify hazardous conditions, defects and

problems that increase the risk of accidents and injuries,

based on a site visit of an existing road or section of road;";

(p) the definition "trans-European road network" shall be

substituted by the following new definition

" " trans-European road network" means the road

network identified in Regulation (EU) No 1315/2013 of the

European Parliament and of the Council of 11 December

2013 on Union guidelines for the development of the trans-

European transport network and repealing Decision No

661/2010/EU, as identified in the Third Schedule;";

(q) in the definition "underground utilities", the words

"underground utilities" shall be substituted by the words

"underground utility";

(r) in the definition "utility service provider", the words

"privately owned." shall be substituted by the words "privately

owned;" and immediately thereafter there shall be added the

following new definition

" "vulnerable road user" means non-motorised road

users, including, in particular, cyclists and pedestrians, as

well as users of powered two-wheelers.";

(s) in the Maltese version only, the definition "skemi

għall-immanġġjar tat-traffiku" shall be deleted from

subsequently following the definition "proġett ta’ infrastruttura"

and shall instead be inserted immediately after the definition "is-

sistema tat-triq RISM", as added.

In paragraph (vii) to sub-regulation (1) of regulation 5 of Amends

the principal regulations, the words "Traffic Areas." shall be regulation

the principal

substituted by the words "Traffic Areas:" and immediately thereafter regulations.

there shall be added the following new proviso

"Provided that the geometrical standards for road design set

out in Volume 5 of the Design and Construction Standards for Road

Works specified in regulation 5(1)(v) shall only be complied with so

far as it is practicable, and where such standard cannot be complied

with approval is sought from the Authority following consultation with

the Agency.".

Regulations 6 to 12 of the principal regulations shall be Amends Part II

deleted and immediately after Part II as amended, there shall be added of

regulations and

the following new Part

adds new Part II

bis.

"Part II bis

Road Safety Infrastructure Management

(1) This Part establishes the requirements

for and sets out implementation of procedures relating

to road safety impact assessments, road safety audits,

road safety inspections and network-wide road safety

assessments. These regulations shall apply to the RISM

Road System, whether they are in the design stage,

under construction or in operation.

(2) This Part shall not apply to roads in tunnels

covered by subsidiary legislation on Safety

Requirements for Tunnels in the Trans-European Road

Network Regulations.

(1) A road safety impact assessment shall

Road safety impact

be undertaken by the Agency on all infrastructure

projects on the RISM Road System. The road safety

impact assessment shall be carried out at the initial

planning stage before the infrastructure project is

approved.

(2) The Agency shall endeavour to meet the

elements set out in Annex I to Directive 2008/96/EC

when carrying out the road safety impact assessment.

(3) The assessment in sub-regulation (1) shall

take into account the needs of vulnerable road users.

(4) The road safety impact assessment shall

indicate the road safety considerations which contribute

to the choice of the proposed solution. It shall further

provide all relevant information necessary for a cost-

benefit analysis of the different options assessed.

(1) A road safety auditor shall be

appointed to carry out road safety audits on all

infrastructure projects on the RISM Road System.

(2) The appointed road safety auditor shall carry

out an audit of the design characteristics of an

infrastructure project and shall endeavour to meet the

criteria set in Annex II to Directive 2008/96/EC.

(3) Road safety audits shall form an integral

part of the design process of an infrastructure project

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 opening to traffic, and

(d) approximately a year after opening to

traffic.

(4) 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 to

Directive 2008/96/EC.

(5) Road safety audits shall take into account

the needs of vulnerable road users.

(6) The appointed road safety auditor shall set

out safety critical design elements in an audit report for

each stage of the infrastructure project. 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 competent entity shall state the reasons thereof

in an annex to that report.

(7) The audit report referred to in sub-regulation

(6) shall result in relevant recommendations from a

safety point of view.

(1) The Authority shall ensure that road

safety auditors carrying out the functions stipulated in

regulation 12C undergo initial training resulting in the

awarding of a certificate of competence.

(2) The holder of a certificate of competence

must take part in further periodic training courses, at a

periodicity determined by the Authority.

(3) The Authority shall recognise certificates of

competence issued to road safety auditors before the 19

December 2010.

(4) The road safety auditors must have relevant

experience or training in road design, road safety

engineering and accident analysis.

(5) The road safety auditors shall not have been

or be involved in the conception or operation of the

infrastructure project for which they have been engaged

to carry out the audit.

(6) Where audits are undertaken by teams, at

least one member of the team shall hold a certificate of

competence.

(7) For road safety auditors taking their training

from the 17th December 2024, the Authority shall

provide training curricula for road safety auditors

which shall include aspects related to vulnerable road

users and the infrastructure for such users.

(1) Network-wide road safety assessments

Network-wide road

shall be carried out by the Authority on the RISM Road

System. The first network-wide road safety assessment

shall be carried out by 2024 and shall thereafter be

carried out at least every five years.

(2) Network-wide road safety assessments shall

evaluate accident and impact severity risk, based on

(a) primarily, a visual examination, either

on site or by electronic means, of the design

characteristics of the road (in-built safety); and

(b) an analysis of sections of the road

network which have been in operation for more

than three years and upon which a large number

of serious accidents in proportion to the traffic

flow have occurred.

(3) The assessment referred to in sub-regulation

(1) shall conform to the standards and guidelines issued

by the Authority which may take into account the

indicative elements set out in Annex III to Directive

2008/96/EC.

(4) Network-wide safety assessments shall take

into account the needs of vulnerable road users.

(5) On the basis of the results of the assessment

referred to in sub-regulation (1), and for the purpose of

prioritisation of needs for further action, the Authority

shall classify the RISM Road System in no fewer than

three categories according to their level of safety.

(1) The Authority shall undertake periodic

Periodic road safety

road safety inspections in respect of the RISM Road

System with sufficient frequency to safeguard adequate

safety levels for the road infrastructure in question.

(2) Periodic road safety inspections shall take

into account the needs of vulnerable road users.

(3) Joint road safety inspections between the

Authority and the designated entity responsible for

tunnel management shall be carried out on the sections

of road network adjoining road tunnels falling within

the scope of the Safety Requirements for Tunnels in the

Trans-European Road Network Regulations, at least

every six years.

(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.

(1) The Authority shall ensure that the

findings of network-wide road safety assessments

carried out in terms of regulation 12E are followed up

either by targeted road safety inspections or by direct

remedial action by the entity responsible.

(2) Targeted road safety inspections may take

into account the indicative elements set out in Annex

IIa to Directive 2008/96/EC and shall take into account

the needs of vulnerable road users.

(3) Targeted road safety inspections shall be

carried out by expert teams, with at least one team

member possessing relevant experience or training in

road design, road safety engineering and accident

analysis.

(4) The Authority shall follow up on the

findings of the targeted road safety inspection and

determine whether remedial action is necessary by

means of a reasoned decision.

(5) The reasoned decision referred to in sub-

regulation (4) shall identify the road sections where

road infrastructure safety improvements are needed and

set out prioritised actions needed to improve the safety

of those road sections.

(6) Remedial action shall be primarily targeted

at those road sections with low safety levels which have

high potential for safety development and accident cost

savings.

(7) The Authority shall prepare and regularly

update a risk-based prioritised action plan to monitor

the implementation of identified remedial action.

The Authority is responsible for establishing

a national system for voluntary reporting, accessible

online to all road users, to facilitate the collection of

details of occurrences transmitted by road users and

vehicles, and of any other safety-related information

which is perceived by the reporter as an actual or

potential hazard to road infrastructure safety.

(1) An accident report shall be drawn up

Data Management.

for the purpose of keeping a record of fatal accidents

occurring on the road network identified in the Third

Schedule and other EU funded road projects.

(2) The Authority shall calculate the average

social cost of a fatal accident and the average social

cost of a severe accident occurring on the road network

at least every five years.".

6. The Third Schedule to the principal regulations shall be

substituted by the following

"THIRD SCHEDULE

(Regulation 2)

The RISM Road System

"

PART II

AMENDMENTS TO THE TRANSPORT ENFORCEMENT

OFFICERS REGULATIONS

7. This Part amends the Transport Enforcement Officers

Regulations and shall be read and construed as one with the Transport

Enforcement Officers Regulations, hereinafter in this Part referred to S.L. 499.51.

as "the principal regulations".

8. Paragraph (s) of the Schedule to the principal regulations Amends the

Schedule to the

shall be substituted by the following

principal

regulations.

"(s) New

Roads

and

Road

Works

Regulations(S.L.499.57): regulation 27 (naming of

roads), regulation 28 (destruction, obliteration or

defacement of name of road, suburb or village),

regulation 29 (permit required), regulation 32

(conditions), regulation 35 (protection of traffic and

commuters), regulation 40 (prohibition of unauthorised

works), regulation 42 (works causing obstruction or

danger in roads), regulation 43 (fences to be set up

during repairs), regulation 44 (prohibition to leave

materials or other obstruction in road longer than

necessary), regulation 46 (openings in surface or

footway leading to cellars, etc., to be covered) and

regulation 47 (rebuilding of walls fallen on the road).".

PART III

AMENDMENTS TO THE SAFETY REQUIREMENTS FOR

TUNNELS IN THE TRANS-EUROPEAN ROAD NETWORK

REGULATIONS

9. This Part amends the Safety Requirements for Tunnels in

the Trans-European Road Network Regulations and shall be read and

construed as one with the Safety Requirements for Tunnels in the S.L. 499.60.

Trans-European Road Network Regulations, hereinafter in this Part

referred to as the "principal regulations".

10. In regulation 2 of the principal regulations the definition Amends

"Trans-European Road Network" shall be substituted by the following: regulation

the principal

regulations.

" "Trans-European Road Network" means the road network

identified in Regulation (EU) No 1315/2013 of the European

Parliament and of the Council of 11 December 2013 on Union

guidelines for the development of the trans-European transport

network and repealing Decision No 661/2010/EU and illustrated

by maps in Annex I to the said Regulation;".

€0.99