Street Works Conference

1. Street Works Conference Thursday 19th May 2005 Cardiff International Arena

2. Traffic Management Act 2004 Fixed Penalty Notices • Nigel Bennett - National Grid Transco • Jerry McConkey - Sefton Council

3. Agenda • A view from within a Working Group • Primary Legislation • Our Brief • The Debates • The DfT’s role • General Issues • The Proposals • Summary

4. Working Group Membership

5. The Primary Legislation :- Traffic Management Act 2004 Section 41 schedules 2 and 3 New Roads and Street Works Act 1991 Section 95A and Schedules 4A and 4B

6. Terms of Reference of Working Group The role of the working group: (i) To consider the detailed arrangements of how fixed penalties will operate; (ii) To enable the drafting of regulations and non statutory guidance; (iii) To make recommendations to the Secretary of State for Transport through the main HAUC legislation group.

7. Fixed Penalty Notices and Offences • What is a Fixed Penalty Notice? • Non-decriminalised • What is an Offence? • S 54(5) Failure to comply with duties relating to advance notice of works • S 55(5) Failure to comply with duties relating to starting date of works • S 55(9) Failure to comply with duties relating to cancellation of works • S 57(4) Failure to comply with duties relating to emergency of works • S 70(6) Failure to comply with duties relating to completion of reinstatement • S 74(7b) Failure to comply with duties relating to charge for occupation of the highway where works are unreasonably delayed • S 74A(11) Failure to comply with duties relating to a charge determined by duration of works

8. The Debates • Time bound • 2yrs after discovery ? • Deadline • Agreed at 29 days • Amount • DfT max £750, Utilities £63, LA’s declined • Performance • Acceptable level of accuracy LA’s 100% SU’s 95% • Incentives • At 95% performance no FPN’s to apply • Retention • Reasonable admin costs? Who gets the rest? • Payment period • How practical is payment in 15 days • Congestion • Link FPN’s to Disruption • Level Playing Field • Street versus Highway Works

9. The Debates • Offence • Single or Continuous • 91 days • Commission not discovery • Notice • Error Correction • Representations • Time Limit? • Electronic Means • Sunrise Clause • Software Developers • Systems • Audit Commission • Monitor Street Authority • Offences • Prescriptive List • Notices • On-site Compliance

10. Import Notice Notice Import Success? No Yes View Notice Notice Data Correct? No Yes Accept Notice Verify Notice Type Open or Closure Notice Opening Closure Check on site actual start date Check on site next working day Is S.U. on site? No Has S.U. cleared site? Yes Yes No Does work correspond to notice data? No Raise Fixed Penalty Notice Yes Check on site during works in progress HA record evidence, advise SU and await new Closure notice Does work still correspond to notice data? No Yes Raise Fixed Penalty Notice PROCESS ENDS HA record evidence and advise SU of problem and await new opening notice Fixed Penalty Notices On-Site Notice Verification

11. Where next DfT ?

12. Proposals contained within the Consultation Document Secondary Legislation • Deadlines • Giving a FPN • Payment of FPN • Prosecution • Amounts • Full • Discount • Fines imposed by Magistrates • Methods • Giving and Receiving • Accounts • Reasonable Costs • Net Proceeds

15. Summary Offences Street Authority Interpretation Same Offences Notices Quality Timeliness Co-ordination Street Works Highway Works Reduce Disruption Footway and Carriageway User Tranche 2 Highways Act 1980