B 834
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 wi th the Authority for Transport in Malta,
has made the following regulations:
Citation and 
scope. 1. (1) The title of these regul ations 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
S.L. 499.57.2. This Part amends the New Roads and Road Works
Regulations and shall be read and construed as one with the NewRoads and Road Works Regulations , hereinafter in this Part referred to
as "the principal regulations". 
Amends 
regulation 2 of 
the principal 
regulations.3. Regulation 2 of the principal r egulations shall be amended
as follows: 
(a) immediately before the d efinition "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, inas 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 fol lowing new definition:
" "certificate of competen ce" means a certificate of
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competence issued to road safety auditors by the Authority
in terms of Re gulation 12D;";
(c) immediately after the d efinition "certificate of
competence", as added, there shall be added the following newdefinition:
" "Commission" means the European Commission as
established by Article 13 of the Treaty on European
Union;";
( d ) i m m e d i a t e l y  a f t e r  t h e  d efinition "communications
service provider" there shall be added the following new
definition:
" "competent entity" means the public entity or
private developer that has appoi nted 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 EuropeanParliament and of the C ouncil of 23 October 2019;";
(f) in the definition "guidelines", the words "Part II"
shall be substitute d by the words "Part II bis";
(g) in the definition "infrastructure project" the words ",
including, but not limited only t o, 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 indust rial estates or agricultural
sites, which are completed using European Union fundingin whole or in part;";
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(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 cha racteristics and defects that
require maintenance wor k for reasons of safety;";
(k) immediately after the defi nition "person", there shall
be added the following new definition: 
" "primary road" means a road of the highest
classification situated outsi de urban areas, that connects
major cities or regions, as cl assified in the Third Schedule
to these regulations;";
(l) the definition "ranking of hi gh 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 fol lowing new definition: 
" "road safety impact assessment" means a strategic
comparative analysis of the impact of a new road or a
substantial modification to t he existing network on the
safety performance of the ro a d  n e t w o r k ,  a s  d e f i n e d  i n
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 h azardous conditions, defects and
problems that increase the risk of accidents and injuries,
based on a site visit of an exist ing road or section of road;";
(p) the definition "trans-Eur opean road network" shall be
substituted by the following new definition:
" " trans-European road network" means the road
network identified in Regul ation (EU) No 1315/2013 of the
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European Parliament and of the Council of 11 December
2013 on Union guideline s for the development of the trans-
European transport network and repealing Decision No
661/2010/EU, as identified i n 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 thereaf ter 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 defi nition "proġett ta’ infrastruttu ra"
and shall instead be i nserted immediately after the definition "is-
sistema tat-triq RISM", as added.
Amends 
regulation 5 of 
the principal 
regulations.4. In paragraph (vii) to sub-regulation (1) of regulation 5 of
the principal regulations, the words "Traffic Areas." shall be
substituted by the words "Traffic Areas:" and immediately there after
there shall be added the  following new proviso: 
"Provided that the geometrical standards for road design set
out in V olume 5 of the Design and Construction Standards for Ro ad
Works specified in regulation 5(1)(v) shall only be complied wi th so
far as it is practicable, and where such standard cannot be comp lied
with approval is sought from the Authority following consultati on with
the Agency.".
Amends Part II 
of the principal 
regulations and adds new Part II 
bis. 5. Regulations 6 to 12 of the pri ncipal regulations shall be
deleted and immediately after Par t II as amended, there shall b e added
the following new Part:
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"Part II bis
Road Safety Infrastructure Management
Scope. 12A. (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 regulati ons shall apply to the RISM
Road System, whether they are in the design stage,under construction or in operation. 
S.L. 499.60.(2) This Part shall not a pply to roads in tunnels
covered by subsidiary legislation on SafetyRequirements for Tunnels in the Trans-European Road
Network Regulations.
Road safety impact 
Assessments for infrastructure 
projects.12B. (1) A road safety impact assessment shall
be undertaken by the Agency on all infrastructure
projects on the RISM Road System. The road safetyimpact 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/ECwhen 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 cons iderations 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.
Road safety audits 
for infrastructure projects.12C. (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 thecriteria 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 a t the following different
stages of a project:
(a) the preliminary design phase,
(b) the detailed design stage and during
construction of the project,
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(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 cr iteria 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 foreach stage of the infrastructure project. Where unsafefeatures 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.
Road Safety 
Auditors.12D. (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 certifi cate of competence.
(2) The holder of a certificate of competence
must take part in further pe riodic training courses, at a
periodicity determined by the Authority.
(3) The Authority shall re cognise 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 engagedto carry out the audit.
(6) Where audits are undertaken by teams, at
least one member of the team shall hold a certificate of
competence. 
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(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. 
Network-wide road 
safety assessment. 12E. (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 numberof serious accidents in proportion to the traffic
flow have occurred.
(3) The assessment referr ed to in sub-regulation
(1) shall conform to the standards and guidelines issued
by the Authority which ma y 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 f urther action, the Authority
shall classify the RISM Road System in no fewer than
three categories according to their level of safety. 
Periodic road safety 
inspections.12F. (1) The Authority sh all undertake periodic
road safety inspections in respect of the RISM Road
System with sufficient frequency to safeguard adequatesafety levels for the road infrastructure in question.
(2) Periodic road safety inspections shall take
into account the needs of  vulnerable road users.
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S.L. 499.60.(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 theTrans-European Road Network Regulations, at least
every six years.
(4) The Authority shall adopt guidelines on
temporary safety measures a pplying to road works and
shall also implement an appropriate inspection schemeto ensure that those guidelines are properly applied.
Follow-up 
procedures for roads in operation.12G. (1) The Authority shall ensure that the
findings of network-wide road safety assessments
carried out in terms of re gulation 12E are followed up
either by targeted road safe ty 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 AnnexIIa to Directive 2008/96/EC and shall take into accountthe needs of vulnerable road users. 
(3) Targeted road safety inspections shall be
carried out by expert team s, with at least one team
member possessing relevant  experience or training in
road design, road safety engineering and accidentanalysis.
(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 whereroad infrastructure safety i mprovements are needed and
set out prioritised actions needed to improve the safetyof those road sections.
(6) Remedial action shall be primarily targeted
at those road sections with low safety levels which havehigh potential for safety development and accident cost
savings.
(7) The Authority shall prepare and regularly
update a risk-based prioriti sed action plan to monitor
the implementation of identified remedial action. 
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Substitutes the 
Third Schedule to the principal 
regulations.6. The Third Schedule to the principal regulations shall be
substituted by the following: 
"THIRD SCHEDULE
(Regulation 2)
The RISM Road System
"V oluntary 
reporting.12H. The Authority is responsible for establishing
a national system for vol untary 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 informationwhich is perceived by the reporter as an actual or
potential hazard to road infrastructure safety.
Data Management. 12I. (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 ThirdSchedule 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 networkat least every five years.".
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PART II
AMENDMENTS TO THE TRANSPORT ENFORCEMENT 
OFFICERS REGULATIONS
S.L. 499.51.7. 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 refe rred to
as "the principa l regulations".
Amends the 
Schedule to the 
principal 
regulations.8. Paragraph (s) of the Schedule to the principal regulations
shall be substitu ted by the following:
PART III
AMENDMENTS TO THE SAFETY REQUIREMENTS FOR 
TUNNELS IN THE TRANS-E UROPEAN ROAD NETWORK 
REGULATIONS
S.L. 499.60.9. This Part amends the Safety Requirements for Tunnels in
the Trans-European Road Networ k Regulations and shall be read a nd
construed as one with the Safety Requirements for Tunnels in th e
Trans-European Road Network Regulations, hereinafter in this Pa rt
referred to as the "principal regulations".
Amends regulation 2 of the principal 
regulations.10. In regulation 2 of the principal regulations the definition
"Trans-European Road Network" shall be substituted by the follo wing:
" "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 t he said Regulation;"."(s) New Roads and Road Works
Regulations (S.L.499.57): regulation 27 (naming of
roads), regulation 28 (destruction, obliteration ordefacement of name of road, suburb or village),
regulation 29 (permit re quired), regulation 32
(conditions), regulation 35 (protection of traffic and
commuters), regulation 40 (p rohibition of unauthorised
works), regulation 42 (works causing obstruction or
danger in roads), regulation 43 (fences to be set up
during repairs), regulati on 44 (prohibition to leave
materials or other obstruction in road longer thannecessary), regulation 46 (openings in surface or
footway leading to cellars, etc., to be covered) andregulation 47 (rebuilding of wal ls fallen on the road).".
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