Traffic Management Act 2004 / New Roads & Street Work Act 1991 Coordination & Regulation Update February 2008 (Works Promoters)

Agenda Part 1: TMA Background Part 2. Executing our TMA & NRSWA duties. Part 3. Permits Part 4. Summary.

Part 1: TMA Background

Summary of TMA To minimise, as far as possible, the impact of traffic congestion. S16 – Network management duty The Act Covers –Pt 1. Traffic officers (Highways Agency) –Pt 2. Network management duty (Traff Managers) –Pt 3. Permit schemes –Pt 4. Street works (amendments to NRSWA 1991) –Pt 5. Road enforcement (amendments to HA 1980) –Pt 6. Traffic Offences

Intervention Triggers 1.A complaint about congestion. 2.A report to Dft. If, from either of these sources, the Secretary of State suspects that an Authority MAY be failing, then the intervention process could be initiated.

Intervention Assessment + Cost Assessed whether the Highway Authority has; –Coordinated works –Ensured parity –Taken regulatory action –Adopted performance measurements –Met targets. Costs; –Replacement of TM by Traffic Director from Dft. –Pay Dft costs up to £250,000/year. –Lose “Excellent” status.

Part 2: Executing Our TMA & NRSWA Duties

The Traffic Manager Peter Bayless Final decision on Traffic issues. Focus for TMA issues. Supported by a Board of ‘experts’; –Street works manager, passenger transport, area directors, transport policy, police, highways agency, emergency planning, corporate communications. Board meets quarterly to discuss & set policy & review performance. Operational group also meets quarterly to discuss and review works / events.

Parity “Parity is an important principle in exercising the duty. Authorities must lead by example, applying the same standards and approaches to their own activities as to those of others”. Para 68 – Network Management Duty Guidance document.

Parity in Coordination Coordinators must be ‘neutral’. HCC works have no ‘automatic right’ to work on the public highway. It’s the Traffic Managers Network. Regulations (directions) apply to HCC works.

Works Planning Pt 1 (coordination is not just for coordinators) Duty to coordinate – S59 NRSWA. Duty to keep traffic moving – S16 TMA Need to take into account congestion when designing scheme. Need to be aware of existing restrictions, eg TS streets, S58, S.E.D’s, SSSI’s, etc. Are there any other restrictions (via an existing local plan). Advance publicity of works. Consider timing (extended hrs. Non TS times)

Works Planning Pt 2 (coordination is not just for coordinators) Consider combining works wherever possible. –Are there any utility or other HCC works ? Consider S58 protection of works. Schedules of works for coord meetings. Will the works affect neighbouring networks / HA Div routes ? Consider delivery times for materials. Does the scheme need a TM plan. All considerations need to be documented. Existing procedures need to be amended ?

Registerable Works (What needs a notice) HCC has a legal duty to register (notify) the following types of works; 1.Involve the breaking up or RS of any street (inc SD). 2.Involve opening the c’way or cycleway of a traffic sensitive street at traffic sensitive times. 3.Require any form of temporary traffic control. 4.Reduce the lanes available on a c’way of 3+ lanes. 5.Require a temporary traffic regulation order or notice, or the suspension of pedestrian facilities. 6.Require the reduction in the width of existing c’way of a traffic sensitive street at a traffic sensitive time.

Non - Registerable Works (What DOES NOT need a notice) Road markings. Condition surveys. Emergency works. OM/ RM works, eg; –Weed spraying, vegetation clearance, hedge cutting, arb works, grass cutting –Sign cleaning and maintenance –Ditching works –Gully cleansing Unless conditions 2 – 6 in the previous slide apply. (Work in TS time, TC or TTRO needed)

Revised Works Type Classifications ImmediateEmergency - Unplanned activities undertaken to immediately resolve life threatening problems. Urgent - Unplanned activities undertaken to put an end to unplanned interruption of service. Minor worksAny planned activity that is to take 3 days or less Standard Works Any planned activity that is to last longer than three days, but less than, or equal to ten days. Major WorksAny planned activity that is to last 11 days or more or any planned activity that requires a temporary traffic order or any activity identified on an annual programme or planned 6 months in advance.

‘TMA’ Minimum Noticing for Coordination ImmediateS74 In progress (start) – 2 hours after start S74 Wks Closed (stop) – within 1 working day of close Minor worksS55 (confirmation) - 3 Days S74 In progress (start) – within 1 working day of start S74 Wks Closed (stop) – within 1 working day of close Standard Works S55 (confirmation) – 10 Days S74 In progress (start) – within 1 working day of start S74 Wks Closed (stop) – within 1 working day of close Major WorksS54 (advance) – 3 Months S55 (confirmation) – 10 Days S74 In progress (start) – within 1 working day of start S74 Wks Closed – (stop) within 1 working day of close

Forward Planning Notices New ‘notice type’. Not mandatory. Served at initial design stage. Only general details required. Not used to book road space. Used to ID potential clashes / opportunities for combining works. Possibly generated from; –Scheme tracking report. –Rolling programmes. –Advance schedules.

Serving Coord Notices The WORKS PROMOTER is responsible for sending the notice and ensuring it’s accuracy. –Even if you make it a contractual requirement. Notices should be served via EToN. Fax / / hardcopy notices should only be used as a last resort.

Coord Notice – Some Key Points Notices must be served in a timely manner. Durations must be realistic. Locations must be accurate. 8 digit Grid refs ( ) are mandatory and must be realistic. Polygons for works area required from TM info is mandatory. One works / street. Notified works must be started or notice abandoned. Notices have validity periods.

Duration Extensions Occasionally works may overrun the planned duration. In these RARE circumstances a further, S74 (in progress) notice must be served before the expiry of the current notice. Valid reasons for the required extension must be clearly stated. Need to ensure site is fully staffed & have good reasons for periods of inactivity.

Agreements The Code introduces ‘agreements’ Works promoters must get permission from the local coordinator / Traffic (HQ) PRIOR to; –Working during a Restriction. (S58 etc) –Issuing a notice for an early start –Issuing a notice to extend a duration. –Use of a provisional street on a notice. –Notice error correction. –Placing apparatus in a protected street.

Notice Error Correction Errors should be corrected as soon as they are spotted. Some errors require permission from Traffic (HQ) prior to a revised notice / error correction notice being submitted. The following errors require permission before correction; –Works Description –USRN or Provisional Street –Location (grid refs, text, USRN) –Designations / restrictions

Noticing IT Systems Exor, Street Works Manager is the Register and coordination tool for local coordinators. Elgin is a supplementary tool used by both coordinators and works promoters. Elgin also designed to be a ‘quick and dirty’ noticing tool provided to HCC works promoters by the Traffic Manager. Exor will be ‘backup’ noticing system. Both are (will be !) compliant with the TMA regs.

Elgin Fulfils HCC requirement to publish all works on a map on the web. (e-gov requirement). Fulfils map based requirement for TMA. GIS copy of what’s in or Street Works Register. Allows cross border ID of works. Used by emergency services to plan routes. Totally reliant on data accuracy.

Regulation Applies to HCC works via parity / PI’s. S74 – Duration challenges. S56 – Direction of timings. –Both before and during works. –Specify date and times of works. S66 – Undue delay / obstruction. Inspections undertaken to confirm notice accuracy and check H&S.

Performance Measurement PI’s reported to Traffic Manager / DfT. Utility Co’s may face fines / penalties / FPN’s. HCC promoters will need to explain poor results. PI’s include; –Compliance with notice rules. –Compliance with S74 / S56 / S66 directions. –Number of overruns –Notice accuracy. –Issuing of directions / documenting decisions –Compliance with SLG / H&S.

Temp Traffic Control Not covered specifically by TMA, but are a source of congestion. SEHAUC form. –Notice of 2 way. –Permission required for multiway. –Need to consider existing permanent controls. Stop / Go boards must be available on site. MANUAL CONTROL during TS times on TS streets.

Coordinating Non Works Activities Works promoters should advise of –Diversion routes & road closures. Events need to be considered. –Managed through DC’s licensing. –Traffic (HQ) advice for significant events. –Central event database developed. DC activities –Street sweeping, bus shelters etc. –NM Duty states we should liaise to ensure that they apply similar rules. –Agency works considered to be HCC works.

NRSWA S58 It is NOT a coordination notice. Up to 5 years protection. Exceptions; –Emergency works (obviously !) and customer supply ‘Substantial’ c’way & f’way schemes in excess of 30Lm can be protected. (SD not included). Protection can be imposed following major SU work. (S58A). Restrictions also apply to HCC works.

S58 Protection Reconstruction5 Years Resurface3 Years Other substantial works 1 Year (6 months for Cat 3 & 4 rds) Customer connections 20 days

NRSWA S58 – Revised Procedure 3 Months prior to works start; –Promoter sends details to Traffic HQ via notice. –Details recorded on Register (via notice) –Traffic HQ then sends to all interested parties. –Traffic HQ publishes details on website. Promoter raises details at coordination meeting. 20 days to reveal any planned works. Works must start within 6 months of notified date Works promoter sends final S58 on completion of work.

Gazetteer - Special Designations Significant aid to works planning. TS, SED, Protected Street. Mandated by legislation. Some streets may be nominated as requiring early warning of emergency works. Other info, eg special surfaces, SSSI’s. HU’s responsible for deciding what info to add as they have to enforce restrictions. Data comes from a number of sources and owners are responsible for accuracy.

Other NRSWA / TMA Factors C notices for diversionary works. –H&S directive. –Most SU’s have websites / GIS CD’s. –Legal duty to report unidentified buried objects. Traffic Management Plans –Overall Network plan being written. –Local plans; A27, A32, A others being written. –May be required for specific works / events.

NRSWA & TMA in Contracts / Procedures / Processes Need to consider TMA / NRSWA when writing contracts & procedures. THC has noticing and regulation clauses. Including financial penalties. EToN noticing MUST be specified. Consider NRSWA / TMA experience for ‘person specs’.

Part 3: Permits

Permits Permission required to work on the highway. Heavy restrictions will apply… to ALL. Probably only apply to strategic network. Working group set up to investigate. Kent CC have already applied to SoS to start permit scheme later in SU’s will have to pay up to £240 for each permit. Permit approval will need to come from the coordinators.

Part 4: Summary

In Summary TMA is not just about ‘notices’. Proactive coordination needed at all stages. Complex noticing sequence. Decisions need to be documented. Will require a change of procedures / contracts. More contact with coordinators & other works promoters. Need to take on board parity. Need to adopt performance measures.

Any Questions ?