PLACING OF BILLBOARDS AND ADVERTISING ON THE ROAD REGULATIONS

SUBSIDIARY LEGISLATION 499.32

PLACING OF BILLBOARDS AND ADVERTISING

ON THE ROAD REGULATIONS

30th July, 2004

LEGAL NOTICE 368 of 2004, as amended by Legal Notices 376 and 424

of 2007, and 346 of 2008; and Act XV of 2009.

The title of these regulations is the Placing of Billboards

and Advertising on the Road Regulations.

Amended by

L.N. 376 of 2007.

Guidelines for the Safe Placing of Billboards

(Regulations 6 and 7)

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

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

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

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

any billboard and the outer kerb or carriageway. This width is increased to

600 mm where there is a cross fall or camber or where there is a central

reservation, and increased to 1200mm on high speed roads (80km/h).

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

for the free passage of pedestrians.

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

or protrudes between the finished ground level and the lower edge of the

billboard provided no cyclist paths are available.

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

there is no pedestrian movement or cyclists.

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

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

storm water runoff.

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

only placed on the offside where it is a one-way street or a dual carriageway

with a centre strip, wide enough to include a billboard.

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

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

any directional, hazard or warning signs or any traffic lights, pelican

crossing beacons and pedestrian crossing belisha.

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

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

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

transversely.

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

unless otherwise stated.

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

legible and be very concise.

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

public decency or public security or otherwise against the public interest.

(1) In these regulations, unless otherwise specified, the

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

article 2 of the Authority for Transport in Malta Act.

(2)

For the purposes of these regulations

"advertising vehicle" means a vehicle used or intended to be used

for the displaying of advertising;

"allocation agreement" means an agreement entered into between

the Authority and an operator in virtue of regulation 4(3);

"allocation number" means a unique identification number given

to a particular permanent billboard under the allocation agreement;

"billboard" means any sign, whether permanent or political,

which is used to promote or advertise products, services, events or

activities that are not directly related to the primary use or activity

occurring on the site of the sign;

"operator" means any person to whom a scheduled site is

allocated under an allocation agreement;

"permanent billboard" means a billboard which is affixed to the

underlying ground;

"person" means an individual, a body or other association of

persons, whether corporate or unincorporate as well as any local

council, any government department, agency or authority

established by law;

"political billboard" means a billboard which is not affixed to the

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

relates exclusively to a general election or to a referendum or to an

election for local councils and which is displayed not earlier than

three months before the date on which such election or referendum

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

of the result of such election or referendum;

"scheduled sites" means those sites scheduled by the Authority

f o r Tr a n s p o r t i n M a l t a w i t h t h e e n d o r s e m e n t o f t h e M a l t a

Environment and Planning Authority, a list of which shall be kept

by the Authority for Transport in Malta and published by notice

from time to time in the Gazette;

"temporary billboard" means a billboard which is not affixed to

the underlying ground;

"vehicle" means any vehicle, whether or not mechanically

propelled which is constructed or adapted for use on roads.

No person shall place or cause to be placed any billboard

on any road without written approval from the Authority as

provided for in these regulations.

Permanent Billboards

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

permanent billboard on any road other than on a scheduled site.

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

billboard on a scheduled site, unless such site is allocated to him by

the Authority under an allocation agreement.

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

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

call for tenders published in the Gazette.

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

o n any ro ad ot her than on a sch edul ed site, m ay sub mi t an

expression of interest to the Authority asking it to consider the

designation of such site as a scheduled site.

(2) The Authority shall retain absolute discretion whether to

accede to any request made in terms of subregulation (1).

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

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

in regulation 4(3).

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

exclusive expense, a permanent billboard which satisfies the

physical and technical specifications listed in the Schedule.

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

deliver to the Authority a certificate of compliance with the

specifications included in the Schedule and with any other

specification or condition included in the allocation agreement,

issued by a person holding the warrant of a Perit under the Periti

Act.

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

operator shall maintain the billboard in an excellent state of repair

and shall be fully and exclusively responsible for the structural and

electrical safety of the billboard.

Upon the expiration of the allocation agreement or any

earlier termination thereof, the operator shall remove the billboard

from the scheduled site, but shall, unless otherwise instructed by

the Authority, leave installed thereon those components of the

billboard as may be determined by the Authority, the ownership of

which components shall pass on to the Authority at no

consideration.

Temporary Billboards

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

temporary billboard on any road.

(2) No person shall drive or use, or permit or suffer to be

driven or used on any road, an advertising vehicle without a permit

issued by the Authority allowing its use for that purpose.

(3) The Authority may, on application by the registered owner

of a vehicle and on payment of the prescribed fee, issue a permit

under this regulation for the use of the vehicle as an advertising

vehicle.

(4) No person shall park, or permit or suffer to be parked on

any road, an advertising vehicle.

The Authority shall respect and apply the principles of

good administrative behaviour laid down in article 3 of the

Administrative Justice Act.

Political Billboards

(1) No person shall place or cause to be placed on a road

any political billboard without a permit from the Authority

Provided that a political billboard placed on a road at any

time from the issue of a general elections writ, as provided for in

the General Elections Act, and the day of voting in those general

elections shall be exempt from the provisions of this regulation

Provided further that the Authority may order the removal,

or it may itself remove, any such billboard where, in the opinion of

the said Authority, such billboard constitutes a hazard to traffic or

road users.

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

billboard, which is not a political billboard placed on a road in

accordance with the proviso to the preceding subregulation, shall

indicate the dates during which the applicant intends to erect and

main tain t he bi llbo ard o n th e prescri bed f orm and shall b e

accompanied by

(i)

a Site-Plan (Scale 1:2500) clearly indicating the

location where the billboard is to be placed;

(ii) a detailed drawing (Scale 1:200) clearly

indicating the dimensions of the billboard, and

the materials, form and method of construction

thereof;

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

notification to the competent authorities

prescribed by the Development Planning Act or

any regulations issued thereunder or by any

other provision of law.

General

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

operator or permit-holder to remove from its billboard any

advertising or other material which may be offensive or contrary to

public decency or public security or otherwise against the public

interest.

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

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

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

notice, take such steps as may be necessary to give effect to that

order.

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

provisions of subregulation (2), the Authority may undertake the

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

the operator or permit holder.

(1) Any permanent billboard erected under these

regulations shall display, in an intelligible form, throughout the

time when it is erected, the allocation number.

(2) Any political billboard, other than a political billboard

placed on a road in accordance with the proviso to regulation

(10)(1), erected under these regulations shall display, in an

intelligible form, throughout the time when it is erected, the permit

number and the dates during which such billboard is to remain so

erected.

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

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

the owner thereof.

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

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

e x p e n s e s a n d o b t a i n r e i m b u r s e m e n t f r o m t h e c o m p a n y,

organisation or other body or person to which the contents of the

material posted on the billboard can be attributed.

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

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

expenses incurred by the Authority in the removal and storage of

such billboard.

(4) Where a removed billboard remains unclaimed for a period

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

or otherwise disposed of by the Authority.

Any person who is found guilty of contravening these

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

equivalent to not less than two hundred and thirty-two euros and

ninety-four cents (232.94) and not exceeding four hundred and

sixty-five euros and eighty-seven cents (465.87) for every offence.

(1) The Authority may terminate any allocation agreement

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

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

public policy, transport requirements or on any other grounds

which it deems justified in the circumstances.

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

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

permit holder and shall specify the time within which such person

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

back to its original condition.

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

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

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

provided that where the Authority deems it more expedient to do so

it can serve such notice upon the company, organisation or other

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

billboard can be attributed and such company, organisation or other

body or person shall take such action as is required in such notice

or order.

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

billboard or the material displayed thereon, and these are not

removed by the expiration of the period stipulated for its removal,

the person to whom the notice or order is notified in terms of

subregulation (1) shall be liable for the payment of the expenses

incurred by the Authority in removing such billboard or material.

Furthermore the Authority or its contractors shall not be held liable

for any damage which may be caused to such billboard or material.

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

Third party rights are not to be affected.

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

the perpendicular distance between each successive billboard is not to be less

than 10 metres and is not to exceed 15 metres.