Street works frequently asked questions

Publisher:Department for Transport
Publication type:FAQ
Published date: 21 July 2011
Mode/topic:Roads, Road management

General:

Safety at Street Works and Road Works:

Training:

Permits:

Overrun Charges

Inspections

Street Works Co-ordination and Network Management Duty

Lane Rental

Specification for Reinstatement of Openings in Highways:

Queries Regarding Highways Act 1980:

Definitions of Common Terms

Street works

Works carried out by statutory undertakers, or licensees under section 50 of New Roads and Street Works Act 1980, or their contractors, to install, inspect, maintain, repair or replace apparatus are known as street works.

Road works (or “works for road purposes”)

These are works usually carried out by highway authorities to repair, maintain or replace highways, which under highways law includes the footway or pavement. This will include works to replace or maintain street lighting, even if carried out on behalf of the council by an electricity distribution company.

Statutory undertakers

Most utility companies are statutory undertakers. Statutory undertakers have a statutory right or duty to install, inspect, maintain, repair, or replace apparatus in or under the street in primary legislation.

This legislation is:

  • Gas Act 1986 as amended by the Gas Act 1995 (schedule 4)
  • Electricity Act 1989 (schedule 4)
  • Water Resources Act 1991 (section 159)
  • Telecommunications Act 1983 as amended by schedule 3 of the Communications Act 2003.

Local highway authority

In areas with single tier (“unitary”) authorities this is the local council. In two-tier areas (i.e. where there are district councils and a county council), it is the county council that is the local highway authority.

In London, for those roads that form the London Strategic Route Network (LSRN) the local highway authority is Transport for London, otherwise it is the London Borough Council.

For motorways and trunk roads the highway authority is the Highways Agency.

General:

Q1. How do I find out about road works or street works?

Local authorities maintain a street and road works register that may be accessible through the internet. It is also possible to inspect it by visiting your local authority. The register includes information on planned works, some indication of the nature of the works, and how long they are expected to last.Links to local authority websites can be found at www.direct.gov.uk.

The Highways Agency at http://www.highways.gov.uk/traffic/traffic.aspx has traffic information that will include the impact of road or street works on the motorway and trunk road network.

There is no central database of road works, though many local authorities make information available through the ELGIN website

Q2: Who do I complain to if I’m unhappy about some street works in my area?

In the first instance you should complain to the utility company, contractor or other organisation responsible for the works. All street works sites should have an information board explaining who is responsible for the works and providing their telephone number. If there is no information board, or you are not satisfied with the response, you may wish to speak to the local highway authority (see Definitions of Common Terms). They should know who is responsible for the works, and are responsible for the coordination and monitoring of works on their road network.

The Department for Transport cannot get involved in individual complaints or disputes between members of the public, street works undertakers and local highway authorities.

Q3.What is the current position on undertakers carrying out street works at night?

Section 56 of NRSWA (New Road and Streetworks Act 1991) allows an authority to direct an undertaker to carry out works at certain times, but only if they believe that the work is likely to cause serious traffic disruption. Authorities need to exercise discretion in the use of this power and cannot direct work to be done at specific times if this conflicts with restrictions on noise or other nuisance. It may be that works cause least disruption to traffic if they are carried out at night or weekends.

If you are concerned about noise you should contact your local authority environmental health or street works manager.

Q4: Am I entitled to compensation for loss of trade during street works?

When a highway authority or undertaker carries out works in a road under its statutory powers or duties, there is no general liability in law for loss of trade resulting from a falling away in the number of passers-by and so no liability to pay compensation. It is a long established principle that traders have no right to any particular level of passing trade: business may fluctuate for a number of reasons.

However, there may be entitlement to compensation if something is done improperly, for instance if access to business premises is blocked and customers cannot gain access.

Gas and Water – It may be possible for small businesses to claim compensation for losses resulting from works executed by gas companies. Water industry legislation also provides for compensation in certain circumstances. In such cases, it is for the individual trader to raise the matter with the company concerned. However, each claim will be treated on its merits, and it may be difficult to prove that a particular level of trading loss is attributable either wholly or mainly to works in the highway.

For works by a highway authority, there are no plans to introduce a statutory duty to pay compensation for loss of trade. Such works benefit the whole community, including businesses and others, who, while they may be adversely affected in the short term, will benefit in the long term. The highway authority has a statutory obligation to maintain the highway to a reasonable standard. The provision of a compensation scheme would have to be met by either increased local taxation or by reductions in expenditure (perhaps by cutting back on the amount of maintenance undertaken).

Q5: What is the current policy on trench sharing?

It is possible for two or more utilities to time their works in such a way that where one company has opened the street in order (for instance) to renew cable or pipe work, others with equipment in the same stretch of road can effect their own repairs before the road surface is reinstated. NRSWA facilitates collaboration, since it requires undertakers to give advance notice to the highway authority and each other of their intention to carry out works in the street. It imposes on the highway authorities a duty to co-ordinate their own and utilities’ works in the streets for which they are responsible, while utilities are required to co-operate with the highway authority and each other.

Q6: When can multi ducting be used?

It is possible to install purpose-built structures to accommodate multi-ducting when completely new infrastructure is being provided, for instance new housing developments, but in general where apparatus is already in place under existing roads and footways there is little or no scope for their use. Different types of utilities have different requirements as to the depth at which equipment should be laid, and there are hazards associated with laying some equipment (e.g. gas pipes) in enclosed structures.

Q7: Does New Roads and Street Works Act 1991 apply when installing apparatus over the highway?

The definition of street works in the New Roads and Street Works Act 1991 (NRSWA) includes “works…executed in the street…placing apparatus”, includes apparatus installed above the street. Not all requirements in NRSWA will apply, however, and some only apply where the street is being excavated or opened up. Provisions that are likely to be relevant to works installing utility apparatus over the street include:

  • that street works may be executed only by (or on behalf of) an organisation who either has a statutory right to carry out street works (eg by virtue of the Telecommunications Code) or who holds a licence issued by the relevant highway authority under NRSWA;
  • requirements to give various notices in respect of the works to the relevant highway authority (or in certain parts of the country to obtain a permit from that authority;
  • the duty to place appropriate traffic signs, and in doing so to comply with the Safety at street works and road works code of practice, the duty to keep records of apparatus in the street.

The statutory duty for street works operatives / supervisors to hold certain qualifications under NRSWA applies only in respect of street works that involve breaking up or opening the street. However, general health and safety duties still apply.

Safety at Street Works and Road Works:

Q8: What duties do undertakers have to allow people to get past their works safely?

Undertakers (mostly utilities) carrying out works in the highway are required by law to have regard to the needs of road users, particularly those with disabilities, when signing, lighting and guarding their works. The Safety at street works and road works code of practice sets out their specific obligations in detail.

Q9: When should an information board be displayed?

An information board must be displayed at every site involving the use of a vehicle. This does not apply to mobile works, and minor works which do not include excavation. The boards should not obstruct footways or carriageways, but should be where they can be read by pedestrians, and possibly stationary drivers.

Q10: What should the information boards include?

A. The board must give the name of the organisation for which the works are being carried out, and a telephone number which can be contacted in emergencies. It may contain other information, for instance explaining why the works are being done, who is doing it, and how long it will take. Such additional information is encouraged where practical. A completion date should normally be included if the works are expected to continue for more than a month.

Q11: What are the rules governing signing at street works?

A. Safety at street works and road works code of practice sets out the minimum and maximum distances for signs leading to works in the road.

There is no exemption for those engaged on emergency work from compliance with the safety requirements; and undertakers who are likely to be called upon to carry out emergency work should therefore obtain and take with them signs of the correct size for the situations they are likely to be called to attend.

Only the courts can determine liability in the event of an accident where it is claimed that the signing was inadequate and not in accordance with the Safety Code. In all cases, the priority must be to prevent accidents arising from poor signing in the first place.

Q12: What are the penalties for failing to adhere to the Safety Code?

Failure to adhere to the Safety Code may under section 65(4) of NRSWA (New Roads and Street Works Act 1991) result in a summary criminal offence which at a Magistrates Court has a maximum penalty of £5,000, but which is unlimited at Crown Court.

Personal injury claims have to be settled at common law. Such claims are outside the scope of New Roads and Street Works Act 1991.

Q13: What is the progress on the revision of the Safety Code?

The revision of the Safety Code is still under consideration after the consultation and with respect to the Government’s priorities on reducing regulation. If a decision is taken to publish a new edition of the Code, it is likely to be published in spring 2013 and to come into force in 6-12 months later. This would allow ample time for all concerned to familiarise themselves with the new requirements. We will make further announcements in due course.

Training:

Q14: Where can I find information on training for operatives and supervisors of road works?

Contact any of the three awarding bodies appointed by the Secretary of State:

City & Guilds of London Institute
1 Giltspur Street,
London EC1A 9DD
Tel: 020 7294 2800
Web: www.cityandguilds.com

CABWI Awarding Body
1 Queen Anne’s Gate, London SW1H 9BT
Tel: 020 7957 4523
Web: www.cabwi.co.uk

SQA
Optima Building, 58 Robertson Street, Glasgow, G28DQ
Tel: 0845 279 1000
Web: www.sqa.org.uk

The Department has produced a leaflet setting out the new reassessment and re-registration requirements

Q15: How do I find out where my nearest training assessment centre is?

Contact the Street Works Qualifications Register, the Optima Building, 58 Robertson Street, Glasgow G2 8DG. The general inquiry number is 0845 270 2720. http://www.swqr.org.uk/mini/26934.html

Permits:

Q16: What is a permit scheme, and what does it achieve?

A permit scheme requires those carrying out street works or road works to obtain a permit from the highway authority first. A permit system is pro-active as the undertaker has to actively seek permission to work and an authority needs to consider whether it is appropriate to grant the permit. It therefore gives authorities more scope to coordinate the timing of works in order to reduce disruption. Permits can also be granted with conditions attached, for example covering the times of day at which works may be carried out.

Q17: When a utility applies for a permit to work, what documents need to accompany each application?

This is a matter for each local authority to consider and it will be defined in their permit scheme.

Q18: In a permit scheme will the local authorities’ own works also have permit conditions?

Yes, to ensure parity with the utility works, local authorities have to apply similar permit conditions to their own works as they would to a utility led work.

Q19: Where two or more utilities are carrying out work at the same time as highway maintenance work what level of discount will there be for utility permits? Also, does the local authority have a role in being pro-active in trying to encourage working together?

Regulations 31(4) of the permit regulations deals with situation where discounts must be applied, when one or more promoters are collaborating to reduce the impact of their works. Provided the objective of reducing impact is met, such circumstances could include:

  • Where an activity is to be carried out in more than one phase;
  • Where an activity is part of a project that involves working on more than one adjacent street. Project in this context means a set of works that is of the order as would take place in a single street but which happens to cover more than one street, e.g. if repairs on a pipe go round a corner from one street into another. It is not intended to cover whole area wide projects in a single permit scheme;
  • Where an activity involves more than one promoter collaborating in a single co-ordinated set of works. Permit Authorities should provide that where highway authority promoters are collaborating with undertakers, those undertakers will be eligible for the discount in regulation 31(5).

Q20: Will it be clear in the Gazetteer that a permit is required?

Yes. It will be clear from the Gazetteer if the authority operates a permit scheme and whether this is all streets or just certain streets and if so, which ones.

Q21: If you have had no response about a permit within a minimum period what happens then?

In these situations a works promoter can assume that permit is deemed to be granted (each permit will have a fee associated with it).

Q22: How will utilities know which authorities will be running permit schemes?

Regulations require a highway authority making an application to the Secretary of State to operate a permit scheme to have carried out a full consultation in relation to the scheme prior to their application, following government’s code of practice for consultations. This should include all persons identified as having an interest in any of the streets covered by the permit scheme in the Associated Street Data for those streets.

Q23: Who must a local authority consult about setting up a permit scheme? Why can they not decide this themselves?

The permit regulations require a highway authority making an application to the Secretary of State to run a permit scheme to have carried out a full consultation in relation to the scheme. Those stakeholders that must be consulted are set out in regulation 3:

  • every person who carries out works in the proposed specified area from time to time, to the extent the Permit Authority is aware of them doing so;
  • every local authority other than the Permit Authority in whose area is situated any street to which the proposed permit scheme relates;
  • where any street to which the proposed permit scheme relates is in Greater London, Transport for London;
  • where any street to which the proposed permit scheme relates is in the passenger transport area of a Passenger Transport Executive, the relevant Passenger Transport Executive;
  • the emergency services which operate in the proposed specified area;
  • the Secretary of State; and
  • such other persons as the Permit Authority considers appropriate.

Q24: Is the notice period prescribed in the code of practice for notices different than for permits?

No, although Permits and Notices are different regimes the minimum application periods for permits and notice periods for notices are the same. The fundamental difference between permits and noticing is that for permits there is a requirement to obtain permission to carry out activities on the street (effectively booking a time slot), where as noticing is informing the authority of the intention to work. Timescales for the application for permits is given in section 59 of the Permits statutory Guidance and chapter 11 of the Permits Code of Practice.

Q25: What will be the fee for a permit, are they going to be different for different categories of roads?

The power to charge a permit fee is detailed in regulations.  The maximum fees chargeable are set out in section 78 of the statutory guidance and Chapter 15 of the permits code of practice. Different categories of road may attract different fee levels.  A highway authority will have to justify the level of permit fees to the Secretary of State in their application to run a scheme.

Q26: Who pays for administrative costs of highway permits?

The local authority bears the costs of permits for its own works. In putting forward a permit scheme, the authority needs to ensure that the benefits outweigh the costs incurred in operating a permit scheme.

Overrun Charges:

Q27: What powers do authorities have to penalise utilities when they take longer than they should?

Authorities have the ability to levy charges where the utility takes longer completing works than they agreed with the authority.

Q28: Why do I see lots of works where there is no one working – authority should financially penalise utilities when this happens?

There are many legitimate reasons why works are sometimes left unoccupied. These include waiting for materials to cure and gas to vent before work can take place.

However authorities should agree time frames for works that are challenging but realistic, allowing the works to take place safely but at the same time ensure that the carriageway is not occupied unnecessarily.

Q29: Some works still overrun – what is the Government doing about them?

The Government is proposing to raise the changes that authorities can levy to further reduce the number of works which overrun.

Q30: When will the Government raise overrun charges as it states in the DFT business plan?

The Department has committed in the departmental business plan for the project to be completed by October 2011.

Inspections:

Q31: With a permit system will it be possible to charge for inspections?

The cost of the inspections will not be included in the permit fees charged to utilities. However, it is expected that these will be provided for when the arrangements for street works inspections are next reformed.

Street Works Co-ordination:

Q32: Street works have just started near me. Can utilities just dig up the road whenever they want to?

Disruption of journeys can be very frustrating. Undertakers are legally obliged to give notice of up to three months to the local highway authority – how much depends on what kind of road is affected, and what kind of works are planned. The highway authority has a duty to co-ordinate works on their network – speak to them if you have concerns. It must be remembered, however, that utilities need access to their networks to provide us with essential services.

Local highway authorities can also apply for approval to run permit schemes, under which utilities require the highway authority’s permission to carry out works – rather than merely having to notify them.

Q33: How much notice should I give of my works?

The co-ordination code of practice sets out in detail requirements for undertakers to give notice of their works.

Q34: Why does the authority not make the utilities do the works at the same time?

Authorities have a duty to co-ordinate works which includes encouraging joint working. However many works have to be undertaken immediately, such as emergency works or customer connections.

Lane Rental:

Q35: What is lane rental?

Lane rental would involve utility companies (and others undertaking street works) being required to pay a daily charge for the duration of their works. The charge would be paid to the local council (the “highway authority”).

Q36: How would it help?

A daily charge should encourage utility companies and others to complete their works more quickly and therefore with less disruption to road users and local communities. This is because every day’s reduction in the duration of their works would save them a day’s charges.

A well-designed charging system would also include exemptions or discounts from the daily charge when works are completed at less busy times. So by spending a bit more – say on overtime to get the job done at evenings or weekends – utilities and others carrying out works could avoid having to pay the charges.

Q37: Why can’t local authorities charge lane rental today?

Local authorities need legal powers in order to impose charges on others. New Regulations are needed – and these will set out things like the maximum charge rate that a local authority can impose.

Once the Regulations are in place, any local authority wishing to impose lane rental charges will need the approval of the Secretary of State for Transport. He will need to be satisfied that any scheme proposals will deliver a reduction in congestion and disruption that is large enough to justify the extra costs that would be involved for utility companies and others.

Q38: Does this mean lane rental will be happening all over the country?

Lane rental has not yet been proven to be a successful model in the UK. In the first instance, any lane rental schemes would need to be targeted just on the very busiest streets in a particular area – likely to include key junctions and other pinch-points, plus the busiest and most congested stretches of road. It is also envisaged that approval would be granted only for a very small number of trial schemes.

Evidence of the effects of any initial pilot schemes will inform future decisions on whether lane rental could usefully play a wider role.

Q39: What will happen to the revenues paid by utility companies and others?

The revenues would accrue to the local council responsible for the scheme – the “highway authority”. The new Regulations will need to set out what the revenues can be used for.

Q40: What will the new Regulations say? When will they be published?

The Department for Transport’s business plan sys we will consult on new Regulations for lane rental, and finalise them in December 2011. We expect to be consulting on the draft Regulations, and some supporting guidance, over the summer.

Q41: When will lane rental charging be up and running?

It will be for local authorities to develop proposals for lane rental, and submit them to the Secretary of State for Transport. We will be publishing guidance to explain what conditions will need to be met in order for a proposed scheme to be approved.

It will be possible to approve schemes once the new Regulations are in force – but this will depend on high-quality scheme proposals being submitted by interested local authorities.

Q42: Will there be lane rental in my area?

At present, the Department is only contemplating a very small number of local “pilot” schemes, targeted on the very busiest and most congested streets. We cannot yet say where those places will be – this will depend on what proposals are developed by local authorities, and which of these are ultimately approved by the Secretary of State.

Specification for Reinstatement of Openings in Highways:

Q43: What powers do authorities have if utility reinstatements are not good enough? Can authorities make utilities rectify the problem?

Utility reinstatements have to meet the standard set out in the code of practice Specifications for the Reinstatement of Openings in the Highways. If it does not meet this standard, and it is within the guarantee period (two or three years for deep excavations) the highway authority can make the utility to put good the fault.

Queries Regarding Highways Act 1980:

Q44: What are the rules covering obstruction of the highway by a shop’s goods?

Obstruction of the highway is dealt with in sections 137, 143, 148, and 149 of the Highways Act 1980. It is an offence to deposit anything on the highway which “interrupts” a person using the highway. This includes the pavement (known as a “footway”), which under highways law is a part of the highway. The highway authority can give notice requiring the removal of anything constituting a nuisance. The law applies as much to footways as to those parts of the highway which are designated for use by vehicles.

When looking at individual cases the first step should be to determine whether the land on which items are deposited forms part of the highway. Sometimes the land in front of a shop is not part of the highway, but is private property to which the public have access on the sufferance of the landowner. This may occur, for instance, where a shop owner has paved over land in his ownership immediately in front of his shop and removed any barrier separating it from the footway which forms part of the highway. Thus, an authority has no power to take action under the Highways Act if the owner chooses to advertise his services by means of a board placed on his own land. They do however have certain powers under section 166 of the Act to require forecourts of premises abutting a street to be fenced if they consider the display of goods to be a source of danger, obstruction, or inconvenience to the public.

Q45: What are the penalties for a shopkeeper obstructing the highway?

Where it is clear that a shopkeeper has been depositing goods or advertising boards on a footway forming part of the highway, the provisions of the Highways Act 1980 apply and it is for the highway authority to decide what action to take. Where, for example, they consider that this constitutes a nuisance to users of the highway, they have powers under section 149 of the 1980 Act to serve a notice on the person responsible for depositing anything on the highway to remove it forthwith, or where they believe it constitutes a danger to the public, to recover it themselves immediately. A highway authority can apply to a magistrates court to recover their reasonable expenses and obtain a disposal order where they have taken action themselves to remove an obstruction on the highway.

Legal action by the highway authority is of course a final resort. In many cases of encroachment onto a footway by a retailer which constitutes a nuisance, discussion between the authority and the offender can be expected to bring about an acceptable compromise without the need for the authority to prosecute.

Q46: What are the rules governing skips on the highway?

Under section 139 of the Highways Act 1980 a builder’s skip may lawfully stand on the highway, but only with the consent of the local highway authority, and subject to the conditions that the local authority sets, which must include requirements for lighting and guarding the skip and the manner in which it is to be coated with paint or other material to enhance visibility. Under section 139(4) of the 1980 Act it is an offence, punishable by a fine, to deposit a skip on the highway but not comply with any conditions the authority may have imposed, or with regulations imposing marking requirements.

Q47: What are the rules on skip lighting?

Skips are currently required by section 139(4) of the Highways Act 1980 to be “properly lighted during the hours of darkness”.  It is for the highway authority, when granting permission for the skip to be placed on the highway, to specify “the manner in which it is to be lighted or guarded. This matter is not regulated. Skips are also required to have reflective markings, prescribed by the Builders’ Skips (Markings) Regulations 1984.

Q48: Can I claim compensation for tripping over an uneven pavement?

The Department cannot advise on this issue. If you feel you might have a case for compensation, you should seek professional legal advice.

Q49: How do I go about finding out how to get the footpath lowered outside my address?

Your local Council, acting as the highway authority, is responsible for maintaining the footpath. If you want the path lowered so that you can cross the footway to park a car, this would have to be approved by your local council. They would usually commission someone to do the work.

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