Traffic Management Act & NRSWA Impact on New Roads and Street Works Act 1991

2. Traffic Management Act & NRSWA Impact on New Roads and Street Works Act 1991 Ellen Duffy Head of Street Works Branch Department for Transport

3. Pressures on the Road Network • 50% increase in traffic on urban roads forecast from 1996 to 2031 • Impact on road users: • slow-moving traffic with journey time inconsistent. • pollution - noise and air quality • Businesses unable to provide reliable deliveries. • Public transport unable to operate to timetable, and unreliable for those who need them and dis-incentive for others to switch.

4. Impact of utility companies • Planned 20% increase in capital maintenance by water companies between 2005 and 2010 • Gas ongoing major mains replacement programme - >100,000km over 30 years • Continued expansion in telecommunications network • Electricity mains replacement – a possibility

5. DfT’s role • Government sets the regulatory framework – and the minimum standards – currently being enacted via TMA • DfT works with HAUC on safety codes, codes of practice, etc • DfT helps publicise good practice – and focuses on helping utilities and local authorities work well together.

6. Traffic Management Act 2004 (TMA) • Part 1: Traffic Officers on the trunk road network • Part 2: Network Management Duty • Part 3: Permit schemes – a new system for street works management • Part 4: Street works – updating the current system • Part 5: Highways and Roads (London, records, safety etc) • Part 6: Civil Enforcement of Traffic Contraventions Traffic Management Act 2004

7. Network Management Duty • National and Regional Traffic Managers Forums set up and working well – coordination; HA involvement; formal link to DfT • Guidance on Intervention Criteria (March 2007) for authorities to use to avoid intervention • Evaluation of Traffic Management Act 2004 - contract underway

8. Street works: Noticing, Directions, Registers What does TMA provide: • Directions on when works may be carried out and where apparatus may be placed; • Restrictions following major street works; • Validity period for s54 notices; and a notice required if works not going ahead.

9. Street works: Noticing, Directions, and Registers Other changes in regulations: • Measures to improve the flow of information • Measures to make the system simpler • Measures to improve co-ordination • Measures to reduce disruption

10. Fixed Penalty Notices (FPNs) FPNs • Powers for LA to give FPNs rather than recourse to courts –incentive for good information exchange • These should be used with thought and care by LA. Not for revenue generation.

11. Updating Section 74 of NRSWA(charges for unreasonable prolonged occupation) • Higher charges if works overrun – especially for busier streets with lower charges on less busy roads; • Concept “off-carriageway works” has been dropped. • Mitigated charge

12. Permits • Permits apply equally to activities carried out by highway authorities and utility companies. • Conditions can be attached by the Permit authority. • Permit Fees reflect the cost of the scheme relating to utilities own activities. • Permit Authorities will have to demonstrate they are operating their scheme in a fair and equitable way – a set of KPIs have been developed.

13. What’s Next • Finalisation of new Regulations on S74 charges • Inspection • Training & accreditation consultation • Specification for reinstatement of highway • Safety What’s left • Records of undertakers’ apparatus • FPNs for offences under Highway’s Act • Half width and full width reinstatements

14. In conclusion • Government is committed to delivering the changes introduced in TMA. • This needs to be done to a realistic timetable. • Important to ensure that Regulations can work.

15. Thank you for listening