NEW ROADS AND ROAD WORKS REGULATIONS

SUBSIDIARY LEGISLATION 499.57

NEW ROADS AND ROAD WORKS REGULATIONS

4th September, 2018

LEGAL NOTICE 291 of 2018, as amended by Legal Notice 159 of 2022.

The title of these regulations is the New Roads and Road

Works Regulations.

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 local/

residential

roads

RWP1

€250

Major Road

Works Permit

(c) Works to be carried out in distributor

and

arterialroads

€250

(d) Road

construction

works

€500

(a) For each RWP 2 permit issued

€50

(b) For services rendered by the

RWP2

Authority official called on site, per

Emergency

hour

or

part

thereof

Road Works

€60

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

Minor Road

referred to in paragraph (b) of the

Works,

definition of "minor works" in

Maintenance

regulation 2] in arterial or distributor

and Repairs

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

€25

Permit

(c) Works on behalf of the Authority and

those referred to in paragraph (b) of

the definition "minor works" in

regulation

Nil

In these regulations, unless the context otherwise

requires, the following expressions have the following meanings

"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;

"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;

"certificate of competence" means a certificate of competence

issued to road safety auditors by the Authority in terms of Regulation

12D;

"Commission" means the European Commission as established

by Article 13 of the Treaty on European Union;

"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;

"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;

"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);

"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;

"emergency works" means works which are required to be

executed following failure of underground utility or communications

services or works the carrying out of which is urgently required in

order to prevent or put an end to, or reduce the risk of loss, injury or

damage to persons or property;

"improvement" includes the widening, re-aligning and re-

shaping of roads;

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

the European Union Act and includes Norway, Iceland and

Liechtenstein;

"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 bis;

"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;

"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 Government 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;

"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;

"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;

"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;

"periodic road safety inspection" means an ordinary periodical

verification of the characteristics and defects that require

maintenance work for reasons of safety;

"permit" means a road works permit required from the

Authority under the provisions of these regulations;

"person" means any natural or legal person;

"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;"

"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;

"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;

"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;

"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,

as defined in guidelines published by the Authority;

"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;

"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;

"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 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;

"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 utility" 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;

"vulnerable road user" means non-motorised road users,

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

powered two-wheelers.

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 out

1. Provide temporary

1. Temporary

Traffic

€50

on footpath

pedestrian access

Management

(Safe route for

Arrangements in line

Works carried out

pedestrians)

with

Safety

at

within the parking

Inhabited Road Works

bay area, not

2. Approval

by

and Road Works - A

affecting traffic

Authority

for

Code of Practice

Transport in Malta

for any obstruction

2. Traffic Signs Manual

to

pedestrian

Chapter 8 Volume

crossing

and

1Traffic

Safety

pedestrian areas

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

€100

carriageway

pedestrian access

Plan of works area

(Safe route for

2. Enforcement required

pedestrians)

Works on centre-

Temporary Traffic

strips, side

3. Programme of Works

Management

verges,

Arrangements

in

roundabouts and

4. Construction machinery

line with Code

any other road

not

obstructing

junctions etc.

carriageway

2. Approval

by

Authority

for

Transport in Malta

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

€300

carriageway fully

pedestrian access

Plan of works area

obstructing traffic

(Safe route for

2. Traffic

Management

flow on arterial,

pedestrians)

Plan area-wide

distributor, link

Temporary Traffic

roads and other

Management

3. Enforcement required

roads (as

Arrangements

in

required)

line with Code

4. Programme of Works

2. Approval

by

5. Construction machinery

Authority

for

not

obstructing

Transport in Malta

carriageway

for any obstruction

to

pedestrian

crossing

and

pedestrian areas

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

impact on existing adjacent roads

NEW ROADS AND ROAD WORKS

4.1

Works on

1. Provide temporary

1. Impact on change in

€500

development

pedestrian access

traffic volumes, traffic

projects which

(Safe route for

patterns, vehicle mix,

have an impact on

pedestrians)

road environment

the characteristics

Temporary Traffic

2. Traffic

Management

of the existing

Management

Plan of development

adjacent roads

Arrangements

in

works area

line with Code

3. Programme of Works

2. Approval

by

4. Construction machinery

Authority

for

not

obstructing

Transport in Malta

carriageway

for any obstruction

to

pedestrian

crossing

and

pedestrian areas

NEW ROADS AND ROAD WORKS

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 RISM Road System

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

maintenance or other works on any road shall comply with the

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

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.

(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.

Repealed by Legal Notice 159 of 2022.

Repealed by Legal Notice 159 of 2022.

Repealed by Legal Notice 159 of 2022.

Repealed by Legal Notice 159 of 2022.

Repealed by Legal Notice 159 of 2022.

Repealed by Legal Notice 159 of 2022.

Repealed by Legal Notice 159 of 2022.

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 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 safe ty auditors w hich shall inc lude a spects related to

vulnerable road users and the infrastructure for such users.

(1) Network-wide road safety assessments 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 road safety

inspections in respect of the RISM Road System with sufficient

frequenc y to safeguard adequa te safety l evels 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 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.

PART III

ROADS IN INHABITED AREAS

(1)

Every new road in any inhabited area or any

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

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

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

Planning 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

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

Planning Authority, in consultation with the Agency and the

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

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

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 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

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

inhabited area or an area which may hereafter be built up shall be

those as prescribed by regulations under the Authority for Transport

in Malta Act.

(2) Where any person fails to form any road in an inhabited

area or an area which may hereafter be built up in accordance with

the provisions of these regulations, the 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 to be carried out in and under any private road any work

whatsoever which it considers necessary or useful on grounds of

public utility.

Every new private road shall be properly levelled,

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

person by whom such road shall have been opened, in accordance

with the 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 to the satisfaction of the Agency, by the person by whom such

road shall have been opened.

The owners of any property immediately abutting on any

private road or the persons holding such property on emphyteutical

lease shall, for the purpose of this Part, 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

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

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

frontage of their respective land or buildings along the inhabited

road

Provided that any owner may impugn the assessment

made by the 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

responsibility of a Local Council in terms of the Local Government

Act, a Local Council, in consultation with the Planning Authority,

may cause the name by which any road is to be called, as well as the

name of the town, suburb or village in which the road is situated, and

any other notice or mark which may be considered useful for

directing routes or giving warnings about dangerous corners, or for

any other public purpose, to be painted or affixed and maintained in a

legible state on the walls of any building other than a building

destined for divine worship.

Where a Local Council shall cause the name by which a

private road is to be called, that road shall remain 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 Government 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 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 the permits prescribed by these regulations shall not be

processed by the Authority where the application -

(a)

is not submitted on the prescribed form,

(b)

is not accompanied by the prescribed fee, or

(c)

is not accompanied by the information and, or

documents requested by the Authority, including -

(i)

a copy of an insurance certificate

covering such works,

(ii) a proper site plan (an A4 extract from

the 1988 1.2500 scale survey sheet), endorsed by a

qualified civil engineer showing clearly the location of

the proposed works,

(iii) a written agreement to back fill and

restore the surface of the road to specifications set by the

Authority and in accordance with the conditions

specified in the permit, and

(iv) any other requirements as may be

stipulated by the Authority.

(2) Where an application is made for an Emergency Road

Works Permit, the permit shall be issued once the Authority confirms

the emergency of such works and issues the relative permit

conditions

Provided that the permit holder shall pay those fees for

the services rendered by the Authority official or the penalties as

prescribed in the First Schedule;

(1)

Where the Authority issues a permit under

these regulations, it may attach such conditions to the permit as seem

to it appropriate having regard to all the circumstances of the case.

(2) Without prejudice to the generality of sub-regulation (1),

the types of conditions which the Authority may attach to a permit

under the said sub-regulation include conditions relating but not

limited to -

(a)

days on which works may not be carried out;

(b)

times of day during which works may not be

carried out;

(c)

the prohibition or restriction of traffic;

(d)

traffic management arrangements to be made in

connection with the works as prescribed in the Second

Schedule;

(e)

the manner in which the specified works are to

be carried out;

(f)

consultation and publicity in relation to the

specified works, including the display of information at the

location of those works;

(g)

full compliance with the guidelines and

policies published from time to time by the Authority; and

(h)

performance

and,

or

defects

liability

conditions

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)

Where the Authority refuses to issue a permit,

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

of its decision and the reasons therefore.

(2) Where the issue of such a permit is refused, the

applicant may, within twenty-one days starting on the date of such

notice, appeal before the Administrative Review Tribunal provided

for under the Administrative Justice Act.

(1)

The Agency shall have the power to contract

major road works where such works are to be commissioned by a

utility services provider which is Government owned.

(2) Where such works are contracted by the 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

permit for road works, approve a suitable and safe traffic

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

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

thereof, where the duration of road works carried out by that

contractor exceeds the prescribed completion period without a

justifiable reason. The said charges shall be those prescribed in the

Second Schedule.

(1)

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

or suffer to be executed, any unauthorised road works.

(2) In the case of an offence under sub-regulation (1) hereof

the Authority shall, by the issue of a stop notice, direct that person to

stop the works immediately and to take such steps as appear to it

necessary to reinstate, within a period not exceeding 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 community

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

covered by a door or other proper covering, and such door or

covering shall be kept in repair by the owner.

(2) Nevertheless, where such vault, cellar, or place

underground is intended for habitation, it shall suffice to make on the

edge of the opening a sufficient fence for the safety of the public,

where this is practicable without causing considerable obstruction in

the road.

The occupier of any tenement shall rebuild, without

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

or which, being a party-wall between a tenement and a road, shall

require, in the opinion of the Authority, to be rebuilt.

(1)

A person committing an offence under

regulation 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).