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Yorkshire HAUC. Delivering the Traffic Management Act 2004. Network Management Duty Intervention Criteria Code of Practice for Coordination Fixed Penalty Notices Permits . Aims of the Traffic Management Act. Clarity Parity Tackling congestion & reducing disruption.

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yorkshire hauc

Yorkshire HAUC

Delivering the Traffic Management Act 2004

Network Management Duty Intervention Criteria

Code of Practice for Coordination

Fixed Penalty Notices Permits


Aims of the Traffic Management Act

  • Clarity
  • Parity
  • Tackling congestion & reducing disruption

Network Management Duty

  • 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

network management duty
Network Management Duty

Part 2 - Network Management by Local Traffic Authorities


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).


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)

intervention criteria

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
Code of Practice for theCo-ordination of StreetWorks and Works for Road Purposes andRelated Matters

New Roads and Street Works Act 1991


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


Code of Practice

The Three Pillars of Co-ordination





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.
noticing registerable works

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


Is immediate work required to prevent or end

a dangerous situation (includes dangerous

defective works)


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.



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.


Major Works


Standard Works




how do you decide what notice to send

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

noticing points

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)
noticing rules

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
controls special

Code of Practice

Controls - Special
  • Street Classifications
  • Restrictions
  • Directions
controls street classification

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
controls restrictions21

Code of Practice

Controls - Restrictions


  • 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


Disagreements should be resolved by using the

Dispute resolution procedure

controls directions

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
controls directions23

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
controls directions24

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

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

fixed penalty notices fpn s offences

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
fixed penalty notices fpn s offences27

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

draft code of practice for permits
Draft Code of Practicefor Permits

Traffic Management Act

Code of Practice for Permits

key features of permit schemes


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
general principles


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


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


  • Changing circumstances – Activity Promoter / Permit Authority
  • Extensions allowable
  • Multiple excavations
  • Circumstances beyond the authorities control
  • No formal mechanism for suspension or postponement
  • Cancellation notice
permits maximum fees


Permits – Maximum Fees

Note the scheme must operate on a cost neutral basis on a year on year basis. Utility Impact Assessment Required

permits fixed penalty notices


Permits & Fixed Penalty Notices

The penalties:

  • No permit - £500 (29 day payment discount to £300)
  • Condition breach - £120 (discounted amount £80)


KPIs for permit schemes


  • No. of permit and permit variation applications received, the number granted and the number refused

2. No. of conditions applied by condition type



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

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

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

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