Executive summary

Print Print page   Download PDF PDF image

Introduction

In July 2004, the Traffic Management Act 2004 (TMA) received Royal Assent. Part 3 of the TMA makes provision for highway authorities to set up permit schemes in accordance with Regulations made by the Secretary of State under section 37. The Department proposes to make the attached draft Regulations, called the "Traffic Management (Permit Schemes) (England) Regulations 200[7]"under section 37. In addition the Department proposes to issue associated Statutory Guidance under section 35 of the TMA together with a non-statutory Code of Practice, draft copies of which are also attached. The draft Code of Practice is intended to represent a guide to the overall operation of the Permit Scheme proposals for the benefit of highway authorities, utility companies and others.

Individual permit schemes will be prepared and operated by highway authorities but will only come into effect when they have been approved by the Secretary of State for Transport by Order.

This consultation document follows that issued on 1 February 2005, entitled The Traffic Management Act 2004 secondary legislation on Notices, Directions and Restrictions Permit Schemes and Fixed Penalty Notices and Revision of Section 74 of the New Roads and Street Works Act 1991 (Charges for Unreasonably Prolonged Occupation of the Highway). http://www.dft.gov.uk/consultations/open/tma/trafficmanagementactparts34a2004

There were nearly 250 responses to that consultation, which were considered in detail. A report summarising the responses can be found at: http://www.dft.gov.uk/consultations/open/tma/trafficmanagementactparts34a2005

Following the 2005 consultation a Permits Working Group (PWG) with representatives from the main stakeholders (highway authorities and utility companies) was reconvened to consider the responses to the consultation and ministerial decisions and, accordingly, revise the associated Code of Practice, as well as developing the policy framework for the Permit Regulations. The resulting draft Regulations, Statutory Guidance and Code of Practice are the subject of this consultation.

Background

Highway authority and utility company works, special events and other activities in the street can cause congestion and disruption for road users and communities. The existing legislative framework for controlling such activities is contained mainly in the Highways Act 1980 (the 1980 Act), the Road Traffic Regulation Act 1984, the New Roads and Street Works Act 1991 (NRSWA), and the Traffic Management Act 2004 (TMA).

NRSWA places a duty on the street authority to co-ordinate works of all kinds on the highway (section 59). Equally important is the parallel duty on undertakers to co-operate in this process (section 60).

However these duties have proven to be insufficient to combat congestion on their own. NRSWA did not anticipate either the scale of works following from the deregulation of the various utility sectors or the amount of work involved in properly co-ordinating such works. Another factor is that there are now some 200 utilities with a statutory right to dig up the road, significantly more than in 1991. In addition, there is a gas mains replacement programme and water companies have targets to reduce leakage from pipes, which have added to the number of major works that need to be carried out.

This increasing number of works carried out by local authorities and utilities were not always registered or co-ordinated, which has had a major effect upon congestion and disruption of the highway.

The Traffic Management Act 2004 is intended to provide the basis for better conditions for all road users through the proactive management of the national and local road networks - and permit schemes will provide a powerful tool for authorities to better co-ordinate works thereby reducing congestion, improving safety and the environment and keeping traffic moving.

Permits

Permit schemes will offer a powerful tool for authorities to co-ordinate works and other activities and keep traffic moving. They will differ from existing powers for managing activities on the street in a number of key respects, in particular:

  • no works, aside from specific exceptions, can be undertaken without a permit;
  • highway authorities' own works are included within a permit scheme;
  • conditions can be attached to permits which impose constraints on the way that work is carried out and information is provided, as well as on the timing of activities; and
  • highway authorities will retain the flexibility to vary permits and permit conditions so as to respond to changing circumstances with a view to completing activities in a timely manner.

Key features of permit schemes in this consultation

Where permit schemes are brought into effect, they will replace parts of NRSWA (in particular the notices related to s54 (advanced notice of certain works), s55 (notice of start of works) and s57 (notice of emergency works)), but many other elements of NRSWA will remain and continue alongside permit schemes, in some cases modified to operate effectively with permits.

The Draft Regulations and Statutory Guidance provide the framework within which authorities prepare permit schemes. These provide that

  • permit schemes may apply to all or some of an authority's roads, but they cannot apply to roads that are not maintained at the public expense;
  • permit schemes include highway authorities' own works as well as those of utility companies but will only apply to street and highway works at present (although it is intended that this will widen in the future to include other activities, such as skips and scaffolding);
  • an activity promoter must apply for and obtain a permit before starting work on the street, but there are exceptions for emergency and urgent works;
  • consistency will be maintained with elements of the NRSWA notices regime, such as definitions of works and street categories;
  • fees for permits will be chargeable to utility companies, but will be set at a level which is intended to reflect those costs of running the scheme which relate to permits for utility companies (and not permits for highway authority works);
  • Highway Authorities are strongly encouraged to demonstrate parity of treatment to all promoters - to facilitate this Key Performance Indicators (KPIs) have been developed.

Consultees should please note that we intend for the draft Regulations and Statutory Guidance, in particular, to be read together. As individual permit schemes will only take effect when approved by the Secretary of State, it is particularly important that highway authorities should have full regard to both documents when preparing their scheme. In several areas, the draft Statutory Guidance gives more detailed assistance on points dealt with in the draft Regulations. The Department may wish to adjust this balance between the draft Regulations and Statutory Guidance in the light of responses to this consultation.

Consultees will also note that the draft Code of Practice uses the term "activities" rather than "works" to encompass works by utilities and highway authorities. This is in anticipation of extending permit schemes in the future to cover additional forms of activity on the street, such as the placing of skips and scaffolding.

Consultation

This consultation allows the draft Regulations, draft Statutory Guidance and draft Code of Practice to be considered alongside the Part 3 of the TMA. Utility companies and highway authorities should take this opportunity to review and comment on all aspects of our proposals.

All documents can be found on the DfT website at:

http://www.dft.gov.uk/decmigration/roads/keepingtrafficmovingfollowup1736/

Specific questions are set out in section 2 of this consultation document but we do welcome any comments that you may have.

Other Government policies

The Government has an objective to deliver improvement to the accessibility, punctuality and reliability of local and regional transport systems. One key DfT objective in this area is Objective 2.2 in the 2006/07 to 2008/09 Business Plan 1 - to improve the management of the local road network. There are a number of initiatives across the Department for Transport to achieve this.

Part 2 of the TMA imposed a Network Management Duty upon local traffic authorities. The duty is to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the expeditious movement of traffic on their road network and to facilitate the same on the network of other authorities. The Network Management Duty Guidance, published November 2004, provides statutory guidance on the execution of this role, which includes the co-ordination, planning and management of all works on the highways. Having a permit scheme which covers works by undertakers and highway authorities should complement and support successful adherence to the duty, which should in turn reduce congestion and disruption associated with all works, whoever the promoter.

Part 4 of the TMA amended NRSWA provisions in relation to street works. Following an earlier consultation in February 2005, a subsequent consultation document was issued entitled "Keeping Traffic Moving: Follow-up Consultation on Street Works". While this consultation has now closed, a copy can be found here-http://www.dft.gov.uk/decmigration/roads/keepingtrafficmovingfollowup1734/. This consultation relates to three sets of draft Regulations relating to (1) Notices, Directions and Restrictions, (2) Fixed Penalty Notices and (3) Section 74 of the New Roads and Street Works Act 1991 (Charges for Unreasonably Prolonged Occupation of the Highway). The Department's approach is to seek to retain consistency between terminology, time periods and other matters between areas where permit schemes apply and those where the NRSWA Notice provisions remain in force. It may therefore be useful for consultees to have regard to the content of this consultation paper, as it is likely that changes which are made to the draft Regulations relating to NRSWA Notices will have an impact on permit schemes also.

1 “Delivering Better Transport: Priorities for 2006-07 to 2008-09”. http://www.dft.gov.uk/about/publications/priorities/deliveringbettertransport5