Yorkshire HAUC

1. Yorkshire HAUC Delivering the Traffic Management Act 2004 Network Management Duty Intervention Criteria Code of Practice for Coordination Fixed Penalty Notices Permits

2. Aims of the Traffic Management Act • Clarity • Parity • Tackling congestion & reducing disruption

3. 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

4. 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 neighbouring networks and “traffic” (including pedestrians).

5. Network Management Duty In practical terms this means: • Free flowing network • Reducing the impact of works, special events, incidents etc • Monitoring and assessing performance Each authority to appoint Traffic Manager (statutory post)

6. Network Management Duty Yorkshire Traffic Managers

7. 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 • Intervention will result in penalties (the loss of CPA stars!!) • Critical PI in the CPA Environment block

8. Code of Practice for theCo-ordination of StreetWorks and Works for Road Purposes andRelated Matters New Roads and Street Works Act 1991

9. Code of Practice 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

10. Code of Practice The Three Pillars of Co-ordination Controls Notices Tools

11. Code of Practice The Noticing System • 7 key functions • Vital component of the co-ordination process • Enable emergency notices & responses • 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.

12. 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

13. Noticing - WORKS CATEGORY SELECTION Is immediate work required to prevent or end a dangerous situation (includes dangerous defective works) YES Immediate Emergency Works 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) Are the works, other than immediate or major works, with a planned duration of three days or less. YES YES Minor Works Immediate Urgent Works 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. YES Major Works NO Standard Works NO NO NO

14. Code of Practice 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 “Early Starts” are allowable

15. Code of Practice How do you decide what Notice to send?

16. 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)

17. 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

18. Code of Practice Controls - Special • Street Classifications • Restrictions • Directions

19. 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 • Other features of a street

20. Code of Practice Controls - Restrictions

21. 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 Good Practice Discuss with the local authority any works impacting on restricted streets Disagreements should be resolved by using the Dispute resolution procedure

22. Code of Practice Controls - Directions Section 56 Directions – covering the times that works either 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

23. Code of Practice Controls - Directions Section 56A Directions – covering restrictions on placing 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

24. 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

25. 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

26. Code of Practice Fixed Penalty Notices (FPN’s) Offences Failure Code • 01Advance notice • 02 Starting notice • 03 Cancellation • 04 Immediate (emergency works) • 05 Reinstatement • 06 Actual start revised duration • 07 Works clear or closed

27. 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

28. Code of Practice Fixed Penalty Notices (FPN’s) What do we need to do to avoid an FPN? Right 1st Time

29. Draft Code of Practicefor Permits Traffic Management Act Code of Practice for Permits

30. 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

31. Permits General Principles 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

32. Permits Permit application and response times

33. Permits Conditions • Permit to include any constraints proposed in application • Timing & duration • Road space • Traffic management provisions • Methodology • Consultation & publicity • Environmental conditions • Local conditions • Immediate activities

34. Permits Variations • Changing circumstances – Activity Promoter / Permit Authority • Extensions allowable • Multiple excavations • Circumstances beyond the authorities control • No formal mechanism for suspension or postponement • Cancellation notice

35. Permits Permits – Maximum Fees Note the scheme must operate on a cost neutral basis on a year on year basis. Utility Impact Assessment Required

36. Permits Permits & Fixed Penalty Notices The penalties: • No permit - £500 (29 day payment discount to £300) • Condition breach - £120 (discounted amount £80)

37. Permits KPIs for permit schemes Mandatory: • No. of permit and permit variation applications received, the number granted and the number refused 2. No. of conditions applied by condition type

38. 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

39. Implementation Timetable

40. 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

41. From 12th May 2008: • Fixed penalty offences • Permits (some time later – Sheffield to progress early)

42. 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

43. 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