Street Works ConferenceStreet Works Conference

Thursday 19Thursday 19thth May 2005 May 2005

Cardiff International ArenaCardiff International Arena

Traffic Management Act 2004 Traffic Management Act 2004 Fixed Penalty NoticesFixed Penalty Notices

Nigel BennettNigel Bennett - National Grid Transco - National Grid Transco

Jerry McConkeyJerry McConkey - Sefton Council - Sefton Council

AgendaAgenda

A view from within a Working GroupA view from within a Working Group

Primary LegislationPrimary Legislation

Our BriefOur Brief

The DebatesThe Debates

The DfT’s roleThe DfT’s role

General IssuesGeneral Issues

The ProposalsThe Proposals

SummarySummary

Working Group MembershipWorking Group Membership

HighwaymenHighwaymen UtilitiesUtilities

Jerry Jerry McConkeyMcConkey SeftonSefton Nigel Nigel

BennettBennett NGTNGT

Graham Graham EatonEaton NSWHGNSWHG Steven Steven

HennahHennahWelsh Welsh WaterWater

Gerard Gerard O’TooleO’Toole TfLTfL Keith Keith

O’BrienO’Brien ThusThus

Andrew Andrew LoosemoreLoosemore

Neath Port Neath Port TalbotTalbot

Stephen Stephen LeeksLeeks EDFEDF

Don JestDon Jest WiltshireWiltshire Valerie Valerie EgertonEgerton

United United UtilitiesUtilities

Stephen Chandler Welsh AssemblyStephen Chandler Welsh Assembly

Mike Talbot, Fiona Sakwa, Clive Wood, DftMike Talbot, Fiona Sakwa, Clive Wood, Dft

Roddy Jones DfT legal, ( Ian Jones retired )Roddy Jones DfT legal, ( Ian Jones retired )

The Primary Legislation :-The Primary Legislation :-

•Traffic Management Act 2004 Traffic Management Act 2004 –Section 41 schedules 2 and 3Section 41 schedules 2 and 3

•New Roads and Street Works New Roads and Street Works Act 1991Act 1991

–Section 95A and Schedules 4A and 4BSection 95A and Schedules 4A and 4B

Terms of Reference of Working GroupTerms of Reference of Working Group

The role of the working group:The role of the working group:

(i)(i) To consider the detailed arrangements of how fixed To consider the detailed arrangements of how fixed penalties will operate;penalties will operate;

(ii)(ii) To enable the drafting of regulations and non statutory To enable the drafting of regulations and non statutory guidance; guidance;

(iii) To make recommendations to the Secretary of State (iii) To make recommendations to the Secretary of State for Transport through the main HAUC legislation for Transport through the main HAUC legislation group.group.

Fixed Penalty Notices and OffencesFixed Penalty Notices and Offences

What is a Fixed Penalty Notice?What is a Fixed Penalty Notice?Non-decriminalisedNon-decriminalised

What is an Offence?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

The DebatesThe DebatesTime boundTime bound

2yrs after discovery ?2yrs after discovery ?

DeadlineDeadline

Agreed at 29 daysAgreed at 29 days

AmountAmount

DfT max £750, Utilities £63, LA’s declinedDfT max £750, Utilities £63, LA’s declined

PerformancePerformance

Acceptable level of accuracy LA’s 100% SU’s 95%Acceptable level of accuracy LA’s 100% SU’s 95%

IncentivesIncentives

At 95% performance no FPN’s to apply At 95% performance no FPN’s to apply

RetentionRetention

Reasonable admin costs? Who gets the rest?Reasonable admin costs? Who gets the rest?

Payment periodPayment period

How practical is payment in 15 daysHow practical is payment in 15 days

CongestionCongestion

Link FPN’s to DisruptionLink FPN’s to Disruption

Level Playing FieldLevel Playing Field

Street versus Highway WorksStreet versus Highway Works

The DebatesThe DebatesOffenceOffence

Single or ContinuousSingle or Continuous91 days91 days

Commission not discoveryCommission not discoveryNoticeNotice

Error CorrectionError CorrectionRepresentationsRepresentations

Time Limit?Time Limit?Electronic MeansElectronic Means

Sunrise ClauseSunrise ClauseSoftware DevelopersSoftware Developers

Systems Systems Audit CommissionAudit Commission

Monitor Street AuthorityMonitor Street AuthorityOffencesOffences

Prescriptive ListPrescriptive List

NoticesNotices On-site ComplianceOn-site Compliance

Fixed Fixed Penalty Penalty NoticesNotices

On-Site Notice On-Site Notice VerificationVerification

Yes

YesNo

No

Yes

Yes

No

No

Yes

No

Yes

No

Import Notice

Notice Import

Success?

View Notice

Notice Data

Correct?

Accept Notice

Verify Notice Type

Open or Closure Notice

Opening Closure

Check on site actual start

date

Is S.U. on

site?

Does work

correspond to notice data?

Check on site during works in progressDoes work

still correspond to notice

data?

Check on site next working

day

Has S.U.

cleared site?

Raise Fixed Penalty Notice

HA record evidence, advise SU and await new

Closure notice

Raise Fixed Penalty Notice

PROCESS ENDS

HA record evidence and advise SU of

problem and await new opening notice

Where next DfT ? Where next DfT ?

Proposals Proposals contained within the Consultation Documentcontained within the Consultation Document

Secondary Legislation• DeadlinesDeadlines

• Giving a FPNGiving a FPN• Payment of FPNPayment of FPN• ProsecutionProsecution

• AmountsAmounts• FullFull• DiscountDiscount• Fines imposed by MagistratesFines imposed by Magistrates

• MethodsMethods• Giving and ReceivingGiving and Receiving

• AccountsAccounts• Reasonable CostsReasonable Costs• Net ProceedsNet Proceeds

SummarySummaryOffencesOffences

Street Authority InterpretationStreet Authority InterpretationSame OffencesSame Offences

Notices Notices Quality Quality TimelinessTimeliness

Co-ordinationCo-ordinationStreet WorksStreet WorksHighway WorksHighway Works

Reduce DisruptionReduce DisruptionFootway and Carriageway UserFootway and Carriageway User

Tranche 2Tranche 2Highways Act 1980Highways Act 1980