Street Works Conference Thursday 19 th May 2005 Cardiff International Arena

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

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

Working Group Membership HighwaymenUtilities Jerry McConkey Sefton Nigel Bennett NGT Graham Eaton NSWHG Steven Hennah Welsh Water Gerard O’Toole TfL Keith O’Brien Thus Andrew Loosemore Neath Port Talbot Stephen Leeks EDF Don Jest Wiltshire Valerie Egerton United Utilities Stephen Chandler Welsh Assembly Stephen Chandler Welsh Assembly Mike Talbot, Fiona Sakwa, Clive Wood, Dft Mike Talbot, Fiona Sakwa, Clive Wood, Dft Roddy Jones DfT legal, ( Ian Jones retired ) Roddy Jones DfT legal, ( Ian Jones retired )

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

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.

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

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

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

Fixed Penalty Notices On-Site Notice Verification Yes No Yes No Yes No Yes No Import Notice Notice Import Success? View Notice Notice Data Correct? Accept Notice Verify Notice Type Open or Closure Notice OpeningClosure Check on site actual start date Is S.U. on site? Does work correspon d to notice data? Check on site during works in progress Does 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 ?

Proposals contained 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

Summary Offences Street Authority Interpretation Same Offences NoticesQualityTimelinessCo-ordination Street Works Highway Works Reduce Disruption Footway and Carriageway User Tranche 2 Highways Act 1980