legal background:

According to Section 38 of the Road Traffic Act, “A public road may be used for non-traffic purposes without the consent of the managing authority (hereinafter: extraordinary use) if it is necessary for the urgent repair of a public utility, public utility tunnel, railway, telecommunications line or pipeline, flood or inland water protection, local water damage control or a natural disaster.”

Section 28(1) of MT Decree 30/1988 (IV. 21.) implementing the Road Traffic Act adds that “the user of a public road shall notify the road operator of the extraordinary use of the road before, but at the latest at the same time as, the use of the road, take the necessary measures to ensure the safety of life and property, and restore the road area used in accordance with the public road operator’s instructions.”

According to Section 28(2) of the MT Decree, failure to notify shall be deemed to constitute use of the road for non-traffic purposes without the required consent.