Yorkshire HAUCDelivering the Traffic Management Act 2004

Network Management Duty Intervention Criteria

Code of Practice for Coordination

Fixed Penalty Notices Permits

Aims of the Traffic Management Act

Clarity

Parity

Tackling congestion & reducing disruption

Network Management Duty

Why

Potential impact of road congestion on the economy

- delays cost £15+ billion per annum

DfT survey results

- 90% of respondents consider road congestion a serious problem

- Road works are the most annoying problem

Network Management Duty

Part 2 - Network Management by Local Traffic Authorities

Duty

a) secure the expeditious movement of traffic on the authority’s road network; and

b) facilitate the expeditious movement of traffic on neighbouringnetworks and “traffic” (including pedestrians).

In practical terms this means:

• Free flowing network

• Reducing the impact of works, special events, incidents etc

• Monitoring and assessing performance

Network Management Duty

Each authority to appoint Traffic Manager (statutory post)

Yorkshire Traffic Managers

Network Management Duty

Intervention Criteria

• A Traffic Director can be appointed and given powers to:

– Monitor & report on any matter

– Intervene in activities / carry out functions of the local traffic authority

– Recover the cost of intervention

Network Management Duty

• Intervention will result in penalties (the loss of CPA stars!!)

• Critical PI in the CPA Environment block

Code of Practice for theCo-ordination of StreetWorks and Works for Road Purposes andRelated Matters

New Roads and Street Works Act 1991

Aim:- to balance the rights of highway authorities & undertakers to carry out works with the right of road users to expect the minimum disruption from works

Objectives of Co-ordination

Protecting

the value of

Our assets

Consultation

&

Coordination

Minimising

Disruption

Safety

Health &

Environment

Protecting

the value of

Our assets

Consultation

&

Coordination

Minimising

Disruption

Safety

Health &

Environment

Code of Practice

Notices Controls Tools

The Three Pillars of Co-ordination

Code of Practice

The Noticing System

7 key functions

1. Vital component of the co-ordination process

2. Enable emergency notices & responses

3. Triggers inspection regime

4. Basis of records for reinstatement guarantee periods

5. Location records

6. Facilitates charging regime, and

7. Essential element of the street authority's responsibility for keeping a register.

Code of Practice

Noticing - Registerable Works

Covers street works, road works and major Highway works that requires:

breaking up or resurfacing of a street;

opening of the carriageway or cycleway of traffic sensitive streets at traffic sensitive times;

any form of traffic control;

reduction in lanes (3 or more lanes)

temporary traffic reg order / notice or suspension of pedestrian facilities

reduction in carriageway width of a TSS at TS times

Code of Practice

NO

Is immediate work required to prevent or enda dangerous situation (includes dangerousdefective works)

Immediate Emergency WorksYES

Is work to prevent or end an unplanned interruption to a supply, or to avoid substantial loss with respect to an existing supply, or to reconnect a supply to comply with a statutory duty (Traffic signals not working, etc)

Immediate Urgent WorksYES

Are the works, other than immediate or major works, with a planned duration of three days or less. Minor WorksYES

NO

Are the works in the annual program OR need a TTRO OR have a planned duration of 11 days or more, other than immediate works.

Major WorksYES

NO

Standard Works

NO

Noticing - WORKS CATEGORY SELECTION

How do you decide what Notice to send?

Works Definitions based on durations

Major Works - 11 days or greater

Standard Works – 4 to 10 days

Minor Works – 1 to 3 days

Immediate Works (burden of proof with undertaker)

Remedial Works

Code of Practice

“Early Starts” are allowable

How do you decide what Notice to send?

Code of Practice

Noticing Points

• Revised durations can be submitted but could be challenged (overrun charges applied where works are not completed within the agreed duration)

• Works Clear for interim reinstatements

• Works Closed for permanent reinstatements

(permanent reinstatement to complete within 6 months following interim)

Code of Practice

Code of Practice

Noticing Rules• Compliance with ETON

• Standard descriptions / S74 durations apply / working day defined

• One street – One notice

• Works must not start before proposed date unless otherwise agreed

• Trench sharing

• Road closures & portable traffic signals

• Frontages

• Error correction

• Notice cancellation

Controls - Special

• Street Classifications

• Restrictions

• Directions

Code of Practice

Controls - Street Classification

3 main categories

• Protected streets

• Streets with special engineering difficulties

• Traffic-sensitive streets

Consultation process before designations can be made

Code of Practice

• Other features of a street

Controls - Restrictions

Code of Practice

Controls - Restrictions

Exemptions

• Minor works which do not involve the breaking up or excavating of the highway

• Immediate works

• Customer connections

• HSE instruction

• Gas Safety Regulations

Disagreements should be resolved by using theDispute resolution procedure

Good Practice

Discuss with the localauthority any works

impacting on restrictedstreets

Code of Practice

Controls - Directions

Section 56 Directions – covering the times that workseither proposed, or subsisting can be carried out

Subject to 4 Constraints

1 undertakers retain right to execute emergency works

2 serious traffic disruption would be avoided

3 subsisting works causing / likely to cause serious traffic disruption

4 noise abatement of prevention legislation takes precedence

Code of Practice

Controls - Directions

Section 56A Directions – covering restrictions onplacing apparatus in the street

Subject to 3 Constraints

- It applies only to new apparatus

- it can only be used where disruption would be reduced by installing the apparatus in an alternative street

- it is reasonable

Code of Practice

Controls - Directions

Section 66 – covering avoidance of unnecessary delay or obstruction

- Works to be completed as quickly as possible

- S66 notice can direct either to reduce or remove obstruction

- Must comply within 24 hours

Code of Practice

Applying Co-ordination Tools

Co-ordination meetings

- Sharing information as early as possible

- Regular input and attendance

- Sharing forward plans and programmes

- Flexibility of programmes

- Cross boundary working

Code of Practice

Coordination

Coordination

Fixed Penalty Notices (FPN’s) Offences

Failure Code

• 01 Advance notice

• 02 Starting notice

• 03 Cancellation

• 04 Immediate (emergency works)

• 05 Reinstatement

• 06 Actual start revised duration

• 07 Works clear or closed

Code of Practice

Fixed Penalty Notices (FPN’s) Offences

Amount of Penalty:

When a FPN is given the

• Amount of penalty is £120 (36 calendar days)• Discounted amount £80 (if paid within 29 calendar days)

FPN must be issued within 91 calendar days following the offence& must have evidence

Code of Practice

Fixed Penalty Notices (FPN’s)

What do we need to do to avoid an FPN?

Code of Practice

Right 1st Time

Draft Code of Practicefor PermitsTraffic Management Act

Code of Practice for Permits

Key features of Permit Schemes

• Requires approval from Secretary of State

• Can apply to all or some of the authority’s network

• Schemes can be in partnership between authorities

• Schemes can be in common with others

• Fees applied to every permit

• Disapplication & modifications to sections of NRSWA

Permits

General Principles

Permits

Key differences

• Promoters are required to book occupation of a street

• Start & end dates fixed for Cat 0,1,2 and traffic sensitive streets

• Some flexibility on CAT 3 & 4 non-traffic sensitive of start date

• Timing of work – more strictly controlled

• Conditions can be applied

Permit application and response times

Permits

Conditions

Permits

• Permit to include any constraints proposed in application

• Timing & duration

• Road space

• Traffic management provisions

• Methodology

• Consultation & publicity

• Environmental conditions

• Local conditions

• Immediate activities

Variations

Permits

• Changing circumstances – Activity Promoter / Permit Authority

• Extensions allowable

• Multiple excavations

• Circumstances beyond the authorities control

• No formal mechanism for suspension or postponement

• Cancellation notice

Permits – Maximum Fees

Note the scheme must operate on a cost neutral basis on a year on year basis. Utility Impact Assessment Required

Permits

Permits & Fixed Penalty Notices

The penalties:

• No permit - £500 (29 day payment discount to £300)

• Condition breach - £120 (discounted amount £80)

Permits

KPIs for permit schemes

Mandatory:

1. No. of permit and permit variation applications received, the number granted and the number refused

2. No. of conditions applied by condition type

Permits

KPIs for permit schemes

Optional: (Must select at least 2 No optional KPI’s)

3. No.of approved extensions

4. No. of occurrences of reducing the application period

5. No. of agreements to work in section 58 and section 58A restrictions

6. The proportion of times that a permit authority intervenes on applications that would normally be expected to be deemed

7. No. of inspections carried out to monitor conditions

Permits

Implementation Timetable

From 1st April 2008:

• Directions as to timing of street works and placing of apparatus

• Notices of street works

• Restriction on works following substantial road works

• Restriction on works following substantial street works

• Duty to notify street authority of reinstatement

From 12th May 2008:

• Fixed penalty offences

• Permits (some time later – Sheffield to progress early)

Traffic Management Act

So, …..Street works – Several elements – some significant effects

Changes to “work categories” – duration based Notice periods – longer advanced notice for S54 & S55 Definition of “Registerable Activities” – captures much more S56 – Direct both “day” and “time of day” S56A – Direct (deny) routes for apparatus S58 – Restrict access after Substantial Road works – 3 to 5 years S58A – Restrict access after Substantial Street works – up to 1 year FPN offences – potential for significant cost consequences Permit schemes – more control by LHA + fees

Traffic Management Act

and, …..Street works – What do we need to do

Improve data quality Improve timeliness Scenario planning with local authorities (e.g. FPN offences) Improve & test our processes Prepare for Permit schemes Improve awareness Prepare our resources for implementation