Transcript Administration of Street & Highway Works Notices

Administration of Street &
Highway Works Notices
TRAINING HAND OUT
For those involved in the administration of
street works notices
Based on the New Roads and Street
Works Act 1991
Code of Practice for the Co-ordination
of Street Works and Works for Road
Purposes and Related Matters
Technical Specification for the
Electronic Transfer of Notifications
(EToN)
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Hand out for
Background & Basics
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Code of Practice for the Co-ordination of Street Works and Works for Road
Purposes and Related Matters
7 WORKS CLASSIFICATION
• traffic census surveys - because disclosure prior to a
census can encourage a change in normal traffic flows
7.3 Registerable Works Page 42
7.3.4 Included and Excluded Works
Works promoters must register, or notice, all works that:
(a) Involve the breaking up or resurfacing any street, (see
below for pole testing and coring involving excavation).
(b) Involve opening the carriageway or cycleway of trafficsensitive streets at traffic sensitive times.
(c) Require any form of temporary traffic control as defined
in the Code of Practice for Safety at Street Works and
Road Works.
(d) Reduce the lanes available on a carriageway of three or
more lanes.
(e) Require a temporary traffic regulation order or notice,
or the suspension of pedestrian facilities.
(f) Require a reduction in the width of the existing
carriageway of a traffic-sensitive street at a trafficsensitive time
• pole testing involving excavation - does not require
registration in advance, unless one or more of rules (b)
- (f) above, apply.
• core holes - not exceeding 150 mm in diameter do not
require registration in advance, unless one or more of
rules
(b) - (f) above, apply.
• road markings - that are not part of a larger set of
works and do not reduce the width of the carriageway,
as they do not involve breaking up of the highway
If a street authority gives prior written agreement to a
works promoter, small excavations may not need to be
registered in advance, unless one or more of rules (b) (f) above, apply. For this purpose small excavations are
defined as those associated with existing apparatus
and that do not exceed 150 mm distance from the
building line and are no larger than150 mm.
The statutory requirements for signing, lighting and
guarding of all of the above activities, as well as the
requirements for the legal parking of any associated
vehicles, must be complied with at all times.
Works promoters do not need to register the following
works in advance however, where reinstatement is carried
out it must be registered within 10 days of completion.
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Where do we send a notice?
Notices for works on publically maintainable streets go to the Street Authority.
(The Highways Agency is the Street Authority for most motorways and trunk roads)
Notices for works on private streets go to the ‘street manager’ or all the
frontagers. A copy should also be sent to the Street Authority for recording on their
Register. A promoter should take all reasonable steps to determine the identity of a
‘Street Manager’ for a private street.
Some streets may have an ‘interested organisation’ registered on the gazetteer.
Notices should also be sent to any interested organisations. (eg Network Rail for works
on streets that have a level crossing).
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Hand out for
What type of notice to send
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How do you decide what Notice to send?
Estimated Duration
Major:
Standard:
Minor:
11 + days
4 to 10 days (Maximum)
3 days (Maximum)
Immediate - Urgent
Duration determined by nature
of works - extensions can be
requested
Immediate – Emergency
Duration determined by nature
of works - extensions can be
requested
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WORKS CATEGORY SELECTION
Is immediate work required to prevent or end a dangerous
situation (includes dangerous defective works or reinstatements)
YES
Immediate
Emergency
Works
YES
Immediate
Urgent
Works
YES
Major
Works
YES
Minor
Works
N
O
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)
N
O
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
N
O
Are the works, other than immediate OR major works with a
planned duration of 3 days or less
N
O
Standard Works
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Hand out for
Notice periods and sequence
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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.
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Hand out for
What information is required on the
initial notice?
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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 without agreement
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
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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
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Hand out for
Works completed
what happens next ?
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Site 1
Street_Location: – Footway (optional)
Site_Location_Text: From o/s No 6 to outside No 24.
2
4
6
8 10 12 14
Side Street
Works Completed – Detail of reinstatement
16 18 20 22 24 26 28
Front Street
Site 1
On the Proposed Notice the notice would be created and sent on 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
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Works Completed – Detail of reinstatement
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4
6
Site 2 (New)
Street_Location: – Carriageway
Site_Location_Text: –
Across jcn of Side Street.
Length x Width: - 10m x 0.4m
8 10 12 14
30m F/W
Side Street
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
10m C/W
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
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30m F/W
Front Street
Site 1
Site 2
Site 3
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.
Partial Registration – works still in progress
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Works Completed – Detail of reinstatement
2
4
6
Site 2 (New)
Street_Location: – Carriageway
Site_Location_Text: –
Across jcn of Side Street.
Length x Width: - 10m x 0.4m
8 10 12 14
30m F/W
Side Street
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 3 (New)
Street_Location: - Footway
Site_Location_Text: –
From jcn Side Street to o/s No 24.
Length x Width: - 30m x 0.4m
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10m C/W
30m F/W
Front Street
Site 1
Site 2
Site 3
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.
Full Registration
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Hand out for
Fixed Penalty Notices (FPNs)
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Offences under
•
•
•
•
•
•
s54 (5) Advance Notice
s55 (5) Starting Date
s55 (9) Cancellation
s57 (4) Immediate - Emergency
s70 (6) Registration
s74 (7b) Actual Start/Revised
Duration/Works Stop
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Offences
Table 11.1: Summary of duties and obligations
Offence
Brief description
Duties and obligations
An offence
under s.54(5)
Failure to comply
with duties under
s.54
In certain cases prescribed in regulations prescribed periods of advance notice must be given to a street authority
by an undertaker proposing to execute street works. Each notice must state the proposed start date on which it is
proposed to begin the works and contain the information prescribed in regulations. After giving advance notice
under section 54, an undertaker must comply with the requirements prescribed in regulations, or imposed by the
street authority. These concern the provision of information and procedural steps to co-ordinate the works with
other proposed works of any description. If an undertaker who has given advance notice under section 54 has not,
before the starting date specified in the notice, given to the street authority a notice under section 55 in respect of
the works, he must within such period as may be prescribed in regulations (Regulation 8(2)) give to that authority a
notice containing prescribed information.
An offence
under s.55(5)
Beginning to
execute works in
contravention of
s.55
In relation to certain types of street works an undertaker must give prescribed periods of advance notice stating
the proposed start date and containing information prescribed in regulations. This notice must be given to the street
authority, to any other relevant authority, and to any other person having apparatus in the street, which is likely to
be affected by the works. The undertaker must not begin the works without notice, or before the end of the notice
period, without the consent of those to whom notice is required to be given.
An offence
under s.55(9)
Failure to give
notice in
accordance with
s.55(8)
If the notice of starting date ceases to have effect, the undertaker must give a further notice containing such
information as may be prescribed in regulations and within the prescribed period. This notice must be given to the
same people as the notice of starting date (see above).
An offence
under s.57(4)
Failure to give
notice in
accordance with
s.57
Where emergency works are of a kind which either do, or would, but for certain provisions in Schedule 3A NRSWA,
require a notice of starting date under section 55, an undertaker executing such works must give notice stating
his intention or, as the case may be, the fact that he has begun to execute the works. The notice must also contain
such other information as may be prescribed in regulations. The notice must be given as soon as reasonably
practicable, and in any event within two hours (or such other period as may be prescribed), to the persons to
whom a notice of starting date would be required to be given under section 55 (see above).
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Table 11.1: Summary of duties and obligations
Offence
Brief description
Duties and obligations
An offence
under s.70(6)
consisting of
a failure to
comply with
subsection
(3) or (4A)
Failure to comply
with
requirements to
give notice of
completion of
reinstatement
Section 70(1) imposes a general duty on the undertaker to reinstate the street. The undertaker must, within ten
working days from the date on which the reinstatement is completed, give notice to the street authority of that
completion. The notice must state whether the reinstatement is permanent or interim, and give such other
information about the reinstatement as may be prescribed in regulations. In the case of an interim reinstatement,
the undertaker must within ten working days from the date on which the permanent reinstatement is completed,
give notice to the street authority of that completion. The notice must contain such other information about the
reinstatement as may be prescribed.
An offence
created by
regulations
made under
s.74(7B)
Failure to give a
notice required
by regulations
under s.74
(charge for
occupation of the
highway where
works
unreasonably
delayed)
The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001
create a criminal offence in respect of any failure to give a notice required by the regulations. An undertaker
executing street works in a highway, to which these regulations apply must, not later than the end of the day
following the day on which the works begin, give the highway authority an “actual start of works notice”.
This should confirm the actual start date and specify, by reference to the nationally consistent street gazetteer, the
street or streets, in which the works are to be carried out. Once an undertaker has completed interim reinstatement,
a written “works clear notice” must be given to the highway authority not later than the end of the day following
the day on which the highway was returned fully to public use. An undertaker who has completed permanent
reinstatement must give the highway authority a written “works closed notice” not later than the end of the
day, following the day on which, the highway was returned fully to public use. If the duration of the works will
exceed the prescribed period, a notice shall be given to the highway authority containing an estimate of the likely
duration. The estimated duration of works should:
• for works for initial placing of the apparatus, be given with the application for a licence
• for other works (not emergency) be given with the section 55 notice
• for emergency works be given as soon as practicable after the works begin.
This estimate is assumed to be agreed by the authority, unless it gives a written notice to the undertaker written
notice of its own estimate of a reasonable period for the duration within five days (major or standard works) or two
days (minor or immediate works) of receiving the undertaker’s estimate. If the duration of the works is exceeds the
prescribed period, or is likely to exceed either the period stated in a previous estimate of duration or the period
agreed or determined under section 74(2) to be a reasonable period, the undertaker shall give a notice in writing
containing an estimate or a revised estimate of duration. This estimate is assumed to be agreed by the authority,
unless it gives a written notice to the undertaker of its own estimate of a reasonable period for the duration within
two days of receiving the undertaker’s estimate.
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Table 11.1: Summary of duties and obligations
Offence
Brief description
Duties and obligations
An offence
created by
regulations
made under
s.74A (11)
Failure to give a
notice required
by regulations
under s.74 A
(Charge
determined by
reference to
duration of
works)
The Street Works (Charges for Occupation of the Highway) (England) Regulations 2001 create a criminal offence
in respect of any failure to give a notice required by the regulations. An undertaker executing street works in a
highway, to which these regulations apply, must, not later than the end of the day following the day on which the
works begin, give the approved highway authority an “actual start of works notice”. This should confirm the start
date and specify by reference to the nationally consistent street gazetteer, the street or streets in which the works
are to be carried out. Once an undertaker has completed interim reinstatement, a ‘works clear notice’ must be
sent to the approved highway authority, not later than the end of the day following the day on which the highway
was returned fully to public use. An undertaker who has completed permanent reinstatement must give the
approved highway authority a written ’works closed notice’, not later than the end of the day following the day on
which the highway was returned fully to public use.
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FPN Offences - Content
Notice received time could not be determined.
USRN not found in street gazetteer.
You are not among the list of notice recipients.
Works proposed during restriction in force without agreement.
No agreement for provisional street works found.
USRN on confirmation notice from differs from that on the original notice or last error correction notice.
Registration date not within 10 days of closed notice.
Registration received against non-excavation works.
No length and width received for site.
Length and width received foe subsumed site.
Length greater than 10m while plotted as point type.
Location co-ordinated not provided.
Location feature type not provided for location coordinates.
Site coordinates not provided.
Site feature type not provided for site coordinates.
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FPN Offences – Missing Content
Missing initial notice for major works, while confirmation has been notice received.
Notice has been received without previous notice.
Possible missing cancellation notice for major works.
Possible missing cancellation notice for minor/standard works.
Full reinstatement not received within 10 days of actual stop notice.
Cancellation notice received late.
Registration notice received late.
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FPN Offences - Sequence
Possible missing notices, notice number greater than expected.
Notice sequence number already exists.
Unable to locate phase, confirmation notice sent without initial notice.
No phase found for works, works stop notice sent for non-existent works.
Works stop notice served before actual start notice.
No phase found, registration notice sent for non-existent works.
Initial notice received for cancelled works.
Reinstatement not received for the previous phase.
Initial notice received before previous phase has stopped.
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FPN Offences - Timing
Proposed start is after estimated end.
Works proposed outside 58 response time.
Works proposed outside 58a response time.
Insufficient notice given for major works first phase initial notice
Insufficient notice given for major works initial notice.
Insufficient notice given for standard works initial notice.
Standard works duration exceeds 10 working days.
Standard works duration is less than 4 working days.
Insufficient notice given for minor works initial notice.
Minor works duration greater tan 3 working days.
Insufficient notice given for major works confirmation notice.
Proposed start date for major works outside validity period.
Insufficient notice given for major works confirmation notice.
Confirmation notice received after initial notice estimated start.
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FPN Offences – Timing
Confirmation notice received during S54(4a) cancellation period.
S55 confirmation notice received whilst previous confirmation notice still valid.
Invalid proposed start on S55 confirmation notice.
Actual start before proposed start without agreement.
Actual start notice received late.
Actual start date in the future.
Major works started outside validity period.
Standard works started outside validity period.
Minor works started outside validity period.
Works stop date before actual start date.
Late notification of works stop notice.
Works stop date in future.
Invalid site reinstatement date.
Site reinstatement date in future.
Registration received for works that are either in progress or stopped.
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Administration of Street & Highway
Works Notices
Further info available: • DfT Website
www.dft.gov.uk
• SEHAUC Website
www.sehauc.org.uk
• HAUC(UK) Website
www.hauc.org.uk
For full information and advice notes
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