     TRAFFIC (VISIBILITY)    [ CAP. 67.   1
CHAPTER 67
TRAFFIC (VISIBILITY) ORDINANCE
 To make provision for ensuring better visibility to traffic.
12th June, 1931
ORDINANCE XIX of 1931, as amended by Ordinance VI of 1959; Legal
Notice 148 of 1975; and Acts XIII of 1983 and XXIII of 2000.
Short title.
Ordinance.
Interpretation.
"owner" includes the administrator or agent of the lawful owner;
 "rural tenement" means any field or other tenement used
exclusively or mainly for agricultural purposes;
Cap. 10.
"street" shall have the same meaning as is assigned to it in the
Code of Police Laws.
Power of Malta 
Transport 
Authority to reduce 
the height of any 
wall which 
obstructs visibility 
to traffic.
Amended by:
XXIII. 2000.30.
3. (1) Where, in the opinion of the Malta Transport Authority
it is necessary, in order to afford or to improve visibility to traffic
that any wall separating any rural tenement from any street be
lowered, it shall be lawful for the Malta Transport Authority to
declare such wall to be dangerous to traffic and to order that its
height be reduced to such extent as he may direct but so that the
remaining height be in no case less than one hundred and twenty
centimetres from the level of the street. Where the ground level of
the rural tenement is more than one hundred and twenty centimetres
above the level of the street, the height of the wall may be reduced
to the level of the rural tenement.
(2) The provisions of this section shall not apply to any wall
forming part of any house, room or other building.
Service of order on 
owner and 
occupier.
Amended by: 
L.N. 148 of 1975.
 4. Any order under the last preceding section shall be served
on the owner and the occupier of the tenement by means of a
judicial letter filed in the Registry of the Civil Court, First Hall,
and an opposition may be made to the carrying out of any work in
pursuance of any such order:
Provided that no work may, without the consent of the
owner and occupier, be carried out before the lapse of ten days
from the date of service of such order.
Work to be carried 
out at the expense 
of the Malta 
Transport 
Authority.
Amended by:
XXIII. 2000.30.
5. (1) The work referred to in the last preceding section shall
be carried out by and at the expense of the Malta Transport
Authority, and the Malta Transport Authority or any other person
deputed by him shall have free access to any property for the
purpose of carrying out any such work.
(2) The Malta Transport Authority or any other person deputed
by him, may also, before making any order as provided in article 3,
enter any rural tenement for the purpose of surveying the property,
giving at least three days previous notice to the occupier.
  2        CAP. 67. ]                 TRAFFIC (VISIBILITY) 
Compensation for 
damage caused by 
carrying out of 
work. 
Amended by: 
VI. 1959.3;  
XXIII. 2000.30.
Cap. 12.
6. Where, by reason of any such work, any person interested
in the property suffers any loss or damage or depreciation thereof,
or the occupier of the tenement affected by the order is deprived of
the use of any part of such tenement, such person or occupier shall
be entitled to compensation which, in default of agreement, shall be
assessed, in opposition to the Malta Transport Authority by the
competent court, in accordance with the Code of Organisation and
Civil Procedure:
   Provided that no claim for compensation shall be
considered if not brought within one month from the completion of
the work: 
   Provided also that where such loss, damage or depreciation
can be diminished or prevented by the carrying out of any other
work in the tenement, the Malta Transport Authority may carry out
such other works instead of paying compensation.
When no 
compensation can 
be claimed.
7. No action for compensation can be maintained, if the
reduction of the height of a wall in terms of article 3 causes no loss
or depreciation of the property or does not deprive the occupier of
the tenement of the use of any part thereof.
Prohibition to raise 
wall beyond 
established height.
Amended by:
XXIII. 2000.30.
8. (1) It shall not be lawful to raise a wall separating a rural
tenement from a street, beyond the height established by the Malta
Transport Authority as provided in article 3.
Powers exercisable 
under this 
Ordinance not to 
create easement 
over the property.
(2) Saving such prohibition, nothing in this Ordinance
contained shall be deemed to create any easement over any
property or to prevent any lawful owner from erecting any house,
room or other structure with a view to improving the tenement.
Penalty for 
obstructing work. 
Amended by: 
XIII. 1983.5.
9. Whosoever shall, by the use of force, hinder or obstruct the
carrying out of any work under article 4, shall be liable, on
conviction, to a fine ( multa ) of not less than two and not exceeding
ten liri.
Penalty for raising 
walls without 
permission of 
Malta Transport 
Authority. 
Amended by: 
XIII. 1983.5;
XXIII. 2000.30.
10. Whosoever, without the permission of the Malta Transport
Authority, shall raise any wall of any rural tenement which has
been declared to be dangerous to traffic in terms of article 3, for
any purpose other than that mentioned in article 8(2), shall be
liable, on conviction, to a fine ( multa ) of not less than wo and not
exceeding ten liri, and in any such case the court may also
authorize the Police to remove any work carried out in
contravention of this article.
