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traffic management act 2004

Traffic Management Act 2004 . 1Traffic Officers (1-15)2Network Management by local Traffic Authorities (16-31)3Permit Schemes (32-39)4Street Works (40-59)5Highways and Roads (60-71)6Civil Enforcement of Traffic Contraventions (72-93)7Miscellaneous and General (94-100). Current Position .

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traffic management act 2004

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    1. Traffic Management Act 2004 The Legal Perspective. Overview of the Act and the impact of proposed secondary legislation Susan Watkin, Assistant Regulation Solicitor, Anglian Water Services Limited

    2. New offences Slides a simplification Items in red – cover in outline only. Items in blue – covered in detail in later slides. New offences Slides a simplification Items in red – cover in outline only. Items in blue – covered in detail in later slides.

    3. Current Position New Roads and Street Works Act 1991 Traffic Management Act 2004 Traffic Management Act 2004 (Commencement No 1 and Transitional Provision) (England) Order 2004 (2380) Provisions that came into force on 4/10/04 include sections 1-15 (13 in part) – Traffic Officers Sections 40 (in part) - increase in fines under NRSWA Expected timetable

    4. Permit Schemes What is a permit scheme? A scheme designed to control the carrying out of specified works in specified streets in a specified area Permit regulations & guidance How is a permit scheme obtained?

    5. Permit Regulations – possible contents Specify works for which a permit may be required Limit streets / types of streets subject to permit scheme Specify conditions that may be included in a permit Action that may be taken if works carried out without permit / in breach of conditions & criminal offences (including fixed penalty offences) Registers and access to registers TMA s 37(13) – “disapply or modify enactments”

    6. Requirement for permit before specified works are carried out When specified works may be carried out without a permit Conditions relating to the carrying out of specified works

    7. Permit fees Regulations may provide for Payment of permit fee on application / issue / variation Fees or maximum fees When fee may be discounted Time and manner of paying fees Application of fees The DfT should try to ensure that permit fees do not exceed prescribed costs.

    8. Street Works – Increase in Fines & fixed penalty notices Maximum fine for offences under NRSWA listed in Schedule 1 of the TMA & committed after 4 October 2004 increased from Ł1000 to Ł2500 or Ł5000 Fixed penalty offences listed in NRSWA Schedule 4A. Regulations will fix maximum amount of fixed penalty (not more than 30% of maximum fine) maximum amount of discounted amount (not more than 25% of maximum fine) TMA s 40 and Schedule 1 Section 37(2) of the Criminal Justice Act 1982, as amended, fixed a standard scale of fines. Currently Level 3 Ł1000 Level 4 Ł2500 Level 5 Ł5000 TMA s 40 and Schedule 1 Section 37(2) of the Criminal Justice Act 1982, as amended, fixed a standard scale of fines. Currently Level 3 Ł1000 Level 4 Ł2500 Level 5 Ł5000

    9. Street Works – Directions as to timing and placing Directions as to times or days (or both) when proposed works may or may not be carried out New 56(1A) – directions as to timing of subsisting works If proposed works in Street A likely to cause disruption to traffic and alternative route in Street B likely to cause less disruption, the street authority may direct utility not to place apparatus in Street A, but may not direct utility to place apparatus in Street B No breach of statutory duty – NRSWA s 56(3A) & 56A(7) Directions re timing – TMA s 43, NRSWA s 56 Directions re placing apparatus – TMA s 44, NRSWA s 56A New 56(3A) / 56A(7) “An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section” Directions re timing – TMA s 43, NRSWA s 56 Directions re placing apparatus – TMA s 44, NRSWA s 56A New 56(3A) / 56A(7) “An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section”

    10. Street Works - Records New NRSWA s 79(1A) - a utility may - subject to regulations –include in records apparatus that it is not required to include NRSWA s 80 Duties relating to the location of unexpected apparatus [not in force] - to be amended New NRSWA s 53A Duty to inspect records Regulations Duty to inspect records before starting work Evidence Records of location of apparatus – TMA s 46, amends NRSWA s 79. NB NRSWA s 79(1)(c) not yet in force. 79 Records of location of apparatus (1) An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after— (a) placing it in the street or altering its position, (b) locating it in the street in the course of executing any other works, or (c) being informed of its location under section 80 below, stating the nature of the apparatus and (if known) whether it is for the time being in use. Duties relating to the location of unexpected apparatus – TMA s 47 Duty to inspect records – TMA s 48Records of location of apparatus – TMA s 46, amends NRSWA s 79. NB NRSWA s 79(1)(c) not yet in force. 79 Records of location of apparatus (1) An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after— (a) placing it in the street or altering its position, (b) locating it in the street in the course of executing any other works, or (c) being informed of its location under section 80 below, stating the nature of the apparatus and (if known) whether it is for the time being in use. Duties relating to the location of unexpected apparatus – TMA s 47 Duty to inspect records – TMA s 48

    11. Street Works - Notices NRSWA s 54 (Advance notice of certain works) to be amended Notice must contain proposed start date If s 55 notice not given by start date, give notice in form required by regulations S 54 notice ceases to have effect in timescale in regulations NRSWA s 55 (Notice of starting date of works) to be amended S 55(7) expiry of notice New s 55(8) requires notice to be given after expiry in accordance with regulations Notices – TMA s 49, amends NRSWA s 54 & 55Notices – TMA s 49, amends NRSWA s 54 & 55

    12. Street Works - qualifications NRSWA s 67 (Qualifications of supervisors and operatives) amended Street authority may require utility to notify it of current and previous qualified supervisors, and evidence of their qualifications of trained operatives, and evidence of their qualifications Qualifications – TMA s 50, amends NRSWA s 67Qualifications – TMA s 50, amends NRSWA s 67

    13. Street Works – restrictions on works following substantial road works NRSWA s 58 to be amended Currently street authority may restrict street works during the twelve months after the completion of substantial road works To be changed from twelve months to a period specified in regulations

    14. Street Works – restrictions on works following substantial street works New NRSWA Schedule 3A “substantial street works” to be defined in regulations Schedule 3A will apply after street authority receives notice under NRSWA s 54 or 55 that utility proposes to carry out “substantial street works” Street authority may publish notice of proposed restriction Other utilities to notify street authority of proposed works Street authority may issue direction as to timing, or restricting further works Direction does not restrict emergency works or other works described in regulations. Restrictions on works following substantial road works – TMA s 52, inserts NRSWA s 58A – inserts new NRSWA Schedule 3A NRSWA 52 Emergency works (1) In this Part “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property. (2) Where works comprise items some of which fall within the preceding definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do. (3) Where in any civil or criminal proceedings brought by virtue of any provision of this Part the question arises whether works were emergency works, it is for the person alleging that they were to prove it. Restrictions on works following substantial road works – TMA s 52, inserts NRSWA s 58A – inserts new NRSWA Schedule 3A NRSWA 52 Emergency works (1) In this Part “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property. (2) Where works comprise items some of which fall within the preceding definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do. (3) Where in any civil or criminal proceedings brought by virtue of any provision of this Part the question arises whether works were emergency works, it is for the person alleging that they were to prove it.

    15. Street Works – reinstatement & inspections NRSWA s 70 to be amended – changes to notice requirements [within 7 working days – was by end of next working day after day on which reinstatement completed] Regulations may require other information to be included in notices served after re-instatement NRSWA s 72 amended. Costs of inspection may be fixed by regulations Substituted NRSWA s 75 - Inspections Reinstatement – TMA s 54 – amends NRSWA s 70 58 – inspection fees 59 Guidance about inspectionsReinstatement – TMA s 54 – amends NRSWA s 70 58 – inspection fees 59 Guidance about inspections

    16. Street Works – re-surfacing NRSWA s 73A A street authority may serve notice requiring a utility that proposes to, is, or has carried carried out street works to carry out specified re-surfacing Regulations may fix time limit. If no time limit the section applies to all works carried out after the NRSWA s 73A comes into force. 73B – power to specify timings 73C – Materials, workmanship & standard of resurfacing 73D&E – Regulations & Guidance 78A Contributions to costs of resurfacing by utility Resurfacing – TMA s 55, 56, 57 - inserts NRSWA s 73A, 73B, 73C, 73D, 73E, 78A 152.     The works in respect of which a re-surfacing notice may be given are limited to works carried out from the time of commencement of this section. Undertakers will be subject to the provisions from that time irrespective of whether or not any regulations have been made by the Secretary of State (in England) or the National Assembly for Wales (in Wales), under the accompanying provisions. 158.     Section 73D provides for regulations supplementing sections 73A-73C. In particular, these may provide for the following: information for resurfacing notices; deciding which undertaker should be served with the notice; notification of prescribed events by undertakers; prescribe circumstances in which an undertaker is entitled to pay a sum to the street authority instead of executing the works specified in a re-surfacing notice, and make provision about the manner in which such sums are to be calculated; rights of review or appeal against a notice or any requirement contained in it; determination of disputes; application of any other provisions in Part 3 of NRSWA or in the Highways Act 1980 to resurfacing works; relieving other undertakers of some or all of their duties under section 70 of NRSWA with regard to reinstatement of the surface of the street. Resurfacing – TMA s 55, 56, 57 - inserts NRSWA s 73A, 73B, 73C, 73D, 73E, 78A 152.     The works in respect of which a re-surfacing notice may be given are limited to works carried out from the time of commencement of this section. Undertakers will be subject to the provisions from that time irrespective of whether or not any regulations have been made by the Secretary of State (in England) or the National Assembly for Wales (in Wales), under the accompanying provisions. 158.     Section 73D provides for regulations supplementing sections 73A-73C. In particular, these may provide for the following: information for resurfacing notices; deciding which undertaker should be served with the notice; notification of prescribed events by undertakers; prescribe circumstances in which an undertaker is entitled to pay a sum to the street authority instead of executing the works specified in a re-surfacing notice, and make provision about the manner in which such sums are to be calculated; rights of review or appeal against a notice or any requirement contained in it; determination of disputes; application of any other provisions in Part 3 of NRSWA or in the Highways Act 1980 to resurfacing works; relieving other undertakers of some or all of their duties under section 70 of NRSWA with regard to reinstatement of the surface of the street.

    17. Street Works – other changes NRSWA s 59 – general duty of street authority to co-ordinate works extended to other activities specified in regulations [e.g. placing of skips and scaffolding] NRSWA s 53 Street Works Register – regulations may be made requiring street authority to show additional information on the register relating to Apparatus placed or to be placed in the street Builders’ skip, scaffolding or other structures placed or to be placed in the street Co-ordination – TMA s 42, amends NRSWA s 59 Street Works Register – TMA s 45, amends NRSWA s 53 Co-ordination – TMA s 42, amends NRSWA s 59 Street Works Register – TMA s 45, amends NRSWA s 53

    18. What Next? Consultation Regulations Codes of Practice More Commencement Orders

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