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Street Works Administration of Street and Highway Works Notices. For those involved in the planning and administration of street works notices. Contents. Background & basics What to Check before Sending the notice What type of notice to send Notice periods and sequence

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street works administration of street and highway works notices

Street WorksAdministration of Street and Highway Works Notices

For those involved in the planning and administration of street works notices

contents
Contents
  • Background & basics
  • What to Check before Sending the notice
  • What type of notice to send
  • Notice periods and sequence
  • What information is required on the initial notice?
  • Works completed - what happens next?
  • Fixed Penalty Notices (FPNs)
  • Permit Schemes
  • And finally....
  • Q&A and Quiz.
who what
Who & What?
  • Works Promoter – Anyone undertaking works
  • Highway Authority – An Authority undertaking ‘road works’ in order to maintain or improve a road
  • Street / Traffic Authority – An Authority with duties to coordinate
  • Utility Company / Statutory Undertaker – A company that undertakes ‘street works’ on it’s apparatus using statutory powers
  • Highway – Any part of the road, footpath, footway, verge and cycleway
why issue notices
Why issue notices?
  • It is a vital component of the co-ordination process
  • It is a statutory requirement for many works types
  • It standardises the data format
  • It enables emergency notices, which can prompt the emergency procedures of other organisations
  • It triggers the inspection regime & the reinstatement guarantee
  • It records who has worked at a particular location
  • It facilitates charging regimes
  • It is an essential element of the authority’s duty for keeping a register
when a notice is needed
When a notice is needed

Registerable (notifiable) works include:

  • Street Works – (Utility Company works) work on plant and apparatus in the street
  • Works for Road Purposes – (Highway Authority works) - maintenance and improvement works to the road itself, utility works for street lighting
slide8

When a notice is needed

Works promoters must register, or notice, all works that:

  • Involve the breaking up or resurfacing any street
  • Involve opening the carriageway or cycleway of traffic-sensitive streets at traffic sensitive times
  • Require any form of temporary traffic control as defined in the Code of Practice for Safety at Street Works and Road Works
  • Reduce the lanes available on a carriageway of three or more lanes
  • Require a temporary traffic regulation order or notice, or the suspension of pedestrian facilities
  • Require a reduction in the width of the existing carriageway of a traffic sensitive street at a traffic-sensitive time
notice not required when
Notice not required when......
  • Traffic census surveys
  • Pole testing involving excavation (rules apply)
  • Core holes - not exceeding 150 mm
  • Road markings
where to send a notice
Where to send a notice?
  • Notices for works on publicly maintainable streets go to the Street Authority
  • Notices for works on private streets go to the ‘street manager’ or all the frontagers
  • Some streets may have an ‘interested organisation’ registered on the gazetteer
how are notices sent
How are Notices Sent ?

Electronic Transfer of Notices (EToN)

  • Files are transferred almost instantaneously from the promoter to the authority via the internet
  • Most IT systems will not allow invalid notices to be created or sent
  • If the format is OK then the file is allowed ‘in’ at the receiving system where a more thorough checks are made on sequence and content. If the sequence or content are wrong then the receiving organisation may reject the file
how are notices sent1
How are Notices Sent ?

‘Paper Notices’

  • Not generally permitted under the current legislation – All notices must be sent via EToN
  • Only used if IT systems have failed. (Street Authority or Statutory Undertaker)
  • All data sent via ‘paper’ notices must still comply with the sequence and content requirements
how are notices sent2
How are Notices Sent ?
  • Delivery of the notice is the responsibility of the sender.
  • An electronic ‘receipt’ of delivery is still no guarantee that the notice is accurate and on time
  • Accuracy of the notice is the responsibility of the promoter
things to check first
Things to Check First
  • The National Street Gazetteer (NSG) for the Unique Street Reference Number (USRN) and Associated Street Data (ASD).
  • The promoters own records for details of any S58 / S58A protection
  • One notice for each street works activities are taking place in
the gazetteer
The Gazetteer
  • Authorities maintain a gazetteer which lists ALL streets in their area which is available to all works promoters.
  • All streets will have a USRN - Notices must be served using the USRN for the street ON WHICH THE ACTUAL WORKS WILL TAKE PLACE, One Street – One notice)
  • The gazetteer also contains vital information which will affect the timing and content of a notice. This information is called Associated Street Data (ASD)
  • Interested Parties – TFL, ORN or Network Rail as examples
associated street data asd
Associated Street Data (ASD)

ASD should include as a minimum;

  • Protected Streets
  • Traffic Sensitivity
  • Special Engineering Difficulties – S.88 requirement to consult with Bridge Authority
  • Reinstatement category
traffic sensitive streets
Traffic Sensitive Streets
  • Streets subject to special controls. Designation procedures allow for attention to be focussed on particularly sensitive streets. Traffic-sensitive streets are especially important in this context. See chapter 5 in the CoP.
a s d continued
A S D (continued)

Other key data included in the ASD is as follows;

  • The presence of any structures (non bridges)
  • Level crossings
  • Environmental factors (RVEI’s, SSSI’s etc)
  • Special surfaces (Anti skid, coloured surfaces etc)
  • Oil & gas pipelines (Data provided by asset owner)
  • Priority lanes (Buses & Cycle Lanes)
  • Strategic routes
  • Parking restrictions
  • Pedestrian Crossings
  • Special events
  • Special construction needs
  • Early notification of immediate works – Phone authority
check for restrictions
Check For Restrictions

An authority may place restrictions on further works following major utility or authority works

(S58 & S58A of NRSWA)

  • Such restrictions prohibit any non emergency or connection works for the following durations following the major works;

New Roads & Reconstructed Roads 5 Years

Resurfaced Roads 3 Years

Other Works 1 Year / 6 Months

  • Non emergency works MUST be authorised by the authority
  • S58 is designed to encourage works promoters to combine works
forward planning notice
Forward Planning Notice
  • Non mandatory notice
  • The sooner a Forward Planning notice can be submitted to the Street Authority the better it is for coordination between other Utilities and also any Highway works
  • What information is submitted on a Forward Planning notice?
  • Details of where works to take place
  • What Traffic Management will be required (if known)
  • Contact details of the Site Manager (if known)
  • Date the promoter would like occupation of the Highway
  • Extremely useful for coordination
how do you decide what notice to send
How do you decide what Notice to send?

Estimated Duration

Major:

Standard:

Minor:

Immediate - Urgent

Immediate – Emergency

11 + days

4 to 10 days (Maximum)

3 days (Maximum)

Duration determined by nature of works - extensions can be requested

Duration determined by nature of works - extensions can be requested

notice works classifications
Notice / Works Classifications

Major Works

  • Have been identified in an undertaker’s annual operating programme or, are normally planned or known about at least six months in advance of the proposed start date
  • Require a temporary traffic order (not a temporary traffic notice) under the Road Traffic Regulation Act 1984 for any works other than immediate works
  • Have a planned duration of 11 days or more, other than immediate works
notice works classifications1
Notice / Works Classifications

Standard Works

  • Standard works are works, other than immediate or major works, with a planned duration of between four and ten days inclusive

Minor Works

  • Minor works are works, other than Immediate/Standard or Major works, with a planned duration of three days or less.
notice works classifications2
Notice / Works Classifications

Immediate Works

  • Emergency Works
  • Which are defined in section 52 of NRSWA, are works required to end, or prevent, circumstances, either existing or imminent, that might cause damage to people or property.
  • An example is street works away from an emergency site that are necessary to shut off or divert a supply.
  • Remedial works to dangerous, defective reinstatements are classed as emergency works
notice works classifications3
Notice / Works Classifications

Immediate Works

  • urgent works as defined in the Regulations as street works:

(i) to prevent, or put an end to, an unplanned interruption of any supply or service provided by the undertaker

(ii) to avoid substantial loss to the undertaker in relation to an existing service

(iii) to reconnect supplies or services where the undertaker would be under a civil or criminal liability, if the reconnection is delayed until after the appropriate notice period

slide34

WORKS CATEGORY SELECTION

Immediate Emergency

Works

YES

Is immediate work required to prevent or end a dangerous situation (includes dangerous defective works or reinstatements)

NO

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

(HA works: signs, bollards etc)

Immediate

Urgent

Works

YES

NO

Major

Works

Are the works in the annual programme OR need a TTRO OR have a planned duration of 11 days or more, other than immediate works

YES

NO

Minor

Works

YES

Are the works, other than immediate OR major works with a planned duration of 3 days or less

NO

Standard Works

advance warning minimum periods
Advance Warning – minimum periods

Advance s 54.

Proposed Start s 55 (Immediate Urgent s55. Immediate Emergency s 57.)

Works Start or Revised Duration s 74.

validity cancellation
Validity & Cancellation
  • Notices remain valid for a given period time. If works do not start within that period, the notice must be cancelled and a new notice should be issued allowing for the requisite notice period
  • Cancellation of a works/phase can be issued before the start date, on the start date e.g. cars parked over site. However, it must be issued before the end of the notice validity period
slide39

Before works start

Latest

Possible

Start Date

10-Day

follow up

Estimated

Start Date

New Latest

Start Date

3-Month

notice served

Must be sent at least

10 working days

before end of

3 Month notice period

3 Calendar Month Notice Period

15 Working Days

The 10-Day follow up

notice can confirm

the Estimated Start Date

or move it up to

15 days forward

Work may start within the next

5 working days following the

Estimated Start Date given in

the 10-Day follow up notice *

3 Month notice must be served at least 3 Calendar Months before Estimated Start Date

3 Months Advance Notice Model

*The subsequent s55 notice should specify a start date which is no earlier than 3 months after the date on which the s54 notice was given, and no later than 15 days after the provisional starting date given in the s54 notice.

slide40

Standard Works

Work Starts send S74 – In Progress

Actual Start

Issue Proposed

Works Notice

S74 – In Progress

Revised Duration

S74 - Works Clear/Closed

Latest Possible

Start Date

Revised Estimated End Date

Revised Estimated End Date

Proposed

Start Date

Estimated End Date

A

B

C

10 Days Notice

Duration of works

Revised Duration of works

Revised Duration of works

Revised Duration of works

5 Days

5 Days

5 Days

5Days

A

B

C

HA can issue S74 Duration Challenge

HA can issue S74 Duration Challenge

HA can issue S74 Duration Challenge

Section 74 Operation Model

notice period early starts
Notice Period – Early Starts
  • Early Starts can be requested before or after issuing a S54 or S55 notice. Agreement details must be obtained and this may include a ref number
  • If agreed, all information discussed must be included on the subsequent notice confirming the start date
street authority responses
Street Authority Responses

Street Authority may:

  • Not respond !
  • Request for further information
  • Request change to Proposed Works
  • Comment or Information
  • Duration challenge
  • S56 / S56a
  • S66
  • S74 Informal overrun warning
starting extending
Starting & Extending
  • Once works begin, an actual start notice must be issued by the end of the next working day
  • Unforeseen circumstances can delay the completion of works, so a revised duration estimate can be submitted at any time before the estimated end date. The notice must include justification for the extension
  • If the works take longer than the “Prescribed Period” or the “Reasonable Period” they become unreasonably prolonged, and the authority may charge for each day in excess these periods. (S74 overrun)
what info must be on the initial notice
What info must be on the initial notice?

Certain fields will be automatically populated by the notice management system on creating a notice. The following mandatory information must be included on initial notices:-

  • Charge category
  • Traffic Management
  • Proposed Start and End dates
  • Phase type – asset activity to interim, permanent reinstatement, remedial activity

Continued……….

what info must be on the initial notice1
What info must be on the initial notice?
  • Grid references – either a single point, start & end points or a polygon
  • USRN or provisional street details
  • Location description
  • Works description
  • Works type – major, standard, minor, immediate
  • Estimated inspection units
  • Number of phases (expected)
  • Applicable designations
  • Agreement information (if applicable)
  • Notice Restricted flag (yes or no)
what other info can be on the initial notice
What other info can be on the initial notice?
  • Promoter name and contact details
  • Contractor name and contact details
  • Project reference
  • Project description
  • Attachments – (SEHAUC portable traffic light form !)
  • Although there is no specific field for site location on an opening notice, it also may be beneficial to include this information – e.g. carriageway, footway, footpath, verge and cycleway

In the interests of best practice, although all of the above information is optional, it may be beneficial to include this information on opening notices wherever possible

error corrections amendments
Error corrections/Amendments

The following information can be corrected using a Works Data Alteration notice, some of which need an agreement from the authority

  • Works description – can only be amended with agreement
  • USRN/Provisional street details – can only be amended with agreement
  • Applicable designation – can only be amended with agreement
  • Grid reference/s – can only be amended with agreement
  • Location description – can only be amended with agreement
  • Restricted notice flag – can be updated withoutagreement
  • Attachments – can be added without agreement
  • Project reference & Description - can be amended without agreement
  • Promoter & Contractor details – can be amended without agreement

Agreements must be obtained from the relevant authority

retracting s74 notices sent in error
Retracting S74 notices sent in error
  • If an Actual Start, or Works Stop notice has been issued on a notice in error, it may be possible to retract the notice using a Works Status Correction notice
  • An agreement must be reached with the relevant authority before sending this correction notice
works completed what happens next1
Works completed, what happens next ?

Section 74 – Works Stop – Notice sent by the end of the next working day.

  • Non excavation works only require a works stop notice

Section 70 Notice

  • Required where there has been excavation
  • The undertaker must inform the street authority, stating whether the reinstatement is permanent or interim
  • Registration of the reinstatement including the dimensions reinstated areas must be within 10 days
  • Inspection units must be updated to reflect actual works.
  • If the reinstatement is interim, the undertaker must complete the permanent within 6 months
works completed reinstatement details

Site 1

Works Completed – Reinstatement details

Site 1

Street_Location: – Footway (optional)

Site_Location_Text: -

From o/s No 6 to outside No 24.

Side Street

2

4

6

8

10

12

14

16

18

20

22

24

26

28

Front Street

The Initial Notice would be created using the USRN for Front Street

Works_Description: - Lay 1 x 100mm dia. pipe, 10m in C/W at 600mm cover, 60m in F/W at 350mm cover

- It is only necessary at the this stage to create 1 site on the notice

Proposed Notice

works completed reinstatement details1

30m F/W

10m C/W

30m F/W

Site 2

Site 1

Site 3

Works Completed – Reinstatement details

Site 1 (Amended)

Street_Location: - Footway

Site_Location_Text: –

From o/s No 6 to jcn Side Street.

Length x Width: - 30m x 0.4m

Site 2 (New)

Street_Location: – Carriageway

Site_Location_Text: –

Across jcn of Side Street.

Length x Width: - 10m x 0.4m

Site 3 (New)

Street_Location: - Footway

Site_Location_Text: –

From jcn Side Street to o/s No 24.

Length x Width: - 30m x 0.4m

Side Street

2

4

6

8

10

12

14

16

18

20

22

24

26

28

Front Street

We now need to add the location text on Site 1 and create additional sites to cover the different surfaces in the trench work, and add reinstatement details, including a grid reference for all works.

fpns explained
FPNs Explained
  • The fixed penalty notice scheme is introduced by section 41 of the TMA
  • Offences refer to noticing non compliance
why fpns
Why FPNs ?

The objectives of the FPN system are to:

  • encourage accurate and timely notice data
  • improve the co-ordination of works
  • improve data quality for all works promoters
  • contribute to the aim of the TMA - minimising disruption
fpn offences
FPN Offences

FPN’s can be served for the following reasons;

  • No notice
  • Wrong content
  • Missing content
  • Sequence
  • Late noticing/timing
process regulation
Process & Regulation
  • An FPN should be given as soon as is reasonably practicable. It may not be given more than 91 calendar days after the commission of the offence
  • The penalty is £120. The period for payment is 36 calendar days and a discounted amount of £80 will apply if payment is made within 29 calendar days
  • Once an FPN has been given, proceedings for that offence cannot commence until the end of the period for payment
  • If the undertaker does not pay the penalty within the 36 calendar days then the street authority may bring proceedings in the Magistrates' Court for the original offence
serving an fpn
Serving an FPN

The fixed penalty notice has two parts:

• Part A includes information about the street authority and the offence

• Part B includes information about payment of the penalty. It also includes a table listing the relevant offence codes, for use in Part A and contact details of the Officer giving the FPN

withdrawing an fpn
Withdrawing an FPN
  • If a street authority considers that an FPN ought not to have been given, they may give a notice withdrawing the fixed penalty notice
why permits
Why Permits?
  • The fundamental objective of the permit scheme is to create a common procedure to control ALL activities in the street
  • The permit scheme should support the aim of encouraging better planning, scheduling and managing of activities to reduce congestion
  • The difference between a Permit and a Notice? Permission & Notification
permit scheme
Permit Scheme
  • A Traffic Authority / regions may apply to run their own customised permit scheme
  • Permit schemes differ from existing powers for managing activities on the street in a number of key activities, in particular;-
    • They book occupation of a street rather than give notice on the highway authority
    • Highway Authorities’ own work are included
    • Conditions can be included
    • Permit schemes may vary
permit scheme1
Permit Scheme

Application for permit

  • Each application shall only contain information about activities in one street

Provisional Advance Authorisation

  • At least 3 months before the proposed start of a major activity, the promoter can apply for a Provisional advance authorisation to pre book the road space
permit scheme2
Permit Scheme

Permit Fees

  • The TMA allows fees to be collected for issuing the permits and for variations but will not be charged for Highway Authority own works.
  • Fees up to £240 can be charged for a permit depending upon the activity and road type
permit scheme3
Permit Scheme

Fixed Penalty Notices

  • FPNs for breaches of permit conditions are similar to notifiable works.
  • Working without a permit attracts a charge of £500, reduced to £300 for early payment
  • Same processes for giving / withdrawing FPNs under noticing apply to permits.
slide72

The Kent Permit Scheme

  • 2nd consultation document
  • Out 18 August 2008
  • Comments by 19 Sept’
  • Submit Application to DfT end of October
  • Trial of own Permitting 6th July 2009
  • DfT Approval 30th July 2009
  • Started January 25th 2010
slide73

KENT PERMIT FEES

For Permit Variations Kent County Council as Permit Authority will charge £35 or £45.

kent reduced permit fees
Kent Reduced Permit Fees

Permit fees are reduced under certain conditions;

  • Membership of Kent's considerate contractor scheme
  • Sharing trenches
  • Combined permit application
  • Extended working hours
street works licences
Street Works Licences

A street authority may grant a street works licence

  • This allows a person without a statutory right, to place, retain and remove apparatus in the street, and to do work necessary for that purpose
  • The licence system is governed by Section 50 of and Schedule 3, to NRSWA
unattributable works
Unattributable Works
  • Street Authorities can send an unattributable works notice where they find unidentified works
  • Works Promoters can accept or reject this notice
other considerations
Other Considerations

Portable Traffic Signals

  • The use of portable traffic signals must also be notified / authorised via a separate process

Traffic Regulation Order/Notice

  • Road closures and other TTRO / TRN (eg temp speed limits) are required in addition to the noticing process

Inspections

  • A Street Authority inspects works in 3 phases; In progress, after completion and shortly before the guarantee period expires
administration of street highway works notices
Administration of Street &Highway Works Notices

Further info available: -

  • DfT Website www.dft.gov.uk
  • SEHAUC Websitewww.sehauc.org.uk
  • HAUC(UK) Websitewww.hauc.org.uk
  • Elginwww.elgin.gov.uk

For full information and advice notes