Transcript Road Management Act – Works on Roads November 2011 Road Management Act – Works on Roads  Presentation Summary  Background  Road Management Act.

Road Management Act – Works on Roads
November 2011
Road Management Act –
Works on Roads
 Presentation Summary
 Background
 Road Management Act overview
 Management of Roads
 Use of the Road
 Consent for Works
 Applying for Consent
 Notification of Works
 Consent and Notification Process
 Worksite Safety
 Working Within the Road Reserve
 Reinstatement of Works
 Resolution of Disputes
Background
Infrastructure Reference Panel Working Group

Established to address issues that relate to works on roads as
identified by road authorities, utilities and providers of public
transport during the stakeholder consultation phase of the review of
the Road Management Act 2004

Implementation Program – drafted actions aimed at developing
improved and consistent processes for managing works on roads,
including:
 communication and contact details – central database
 utility service level agreements – timeframes for hazardous
temporary reinstatement repair and permanent reinstatement
 road authority reinstatement standards – common across regional
areas
 consent for works applications – common templates and processes
 emergency works – definitions and guidelines
 education and training – this presentation
Road Management Act 2004
OBJECTIVE OF THE ACT
Establish a coordinated management system for
public roads that:
 promotes safe and efficient State and local
public road networks
 provides for responsible use of road
reserves for other legitimate purposes, such
as provision of utility services
Sections 4 & 20 RMA
CoP
RM
(Wrks & Inf) R’ways/
Trams
Regs
RS
(Traff Mgmt)
Regs
Road
Safety
Act
CoP
Utilities
RM
(General)
Regs
CoP
RMPs
CoP
W’site
Safety
Road
Management
Act
VicRoads
RMP
Register
of Public
Roads
CoP
C’ways
Policy
Access
Mgmt
CoP
Operatnal
Resp
Management of Roads
Road Authorities
Statutory Duty
 Section 40 of the Act imposes a statutory duty on road
authorities to inspect, maintain and repair public roads

Failure to do this can result in liability for “breach of statutory
duty” (“Highway rule” no longer applies)
What standard is required?
 If the road authority has a road management plan, the
standard is set by that plan

Alternatively, the road authority may set a standard by a
policy decision
Note: If no RMP, or policy, the courts will determine the
standard.
Section 40 RMA
Management of Roads
Road Management Plans
Responsible road authorities may develop a Road
Management Plan:
 standards for inspection, maintenance and repair
 management systems and policies for road
management functions
 accountability
 policy defence
Section 52 RMA
Management of Roads
Utility and Public Transport Infrastructure
Managers
Statutory Duty
 Schedule 7 (Part 1) imposes statutory duties on infrastructure
managers and works managers to conduct works on roads
safely and to maintain their infrastructure:
 to an appropriate standard
 to avoid causing damage to the road
 to repair any damage caused to the road
Note: OH&S requirement for safe design to enable safe
maintenance
What standard is required?
 Defence against claims for damages to prove reasonable care
was taken to ensure non-road infrastructure was not
dangerous to traffic
Schedule 7, clauses 6 & 11 and section 105(2) RMA
Management of Roads
Utility and Public Transport Infrastructure
Managers
Works on Roads

Duty to reinstate roads:
 as soon as is reasonably practicable
 as near as reasonably practicable to equivalent standard
as before works

Road Authority power to rectify works
 may give notice that rectification works are required
 may conduct the rectification works if road authority notice
not complied with
 may recover costs from infrastructure manager or works
manager who conducted the original works
Schedule 7, clauses 6 & 19 RMA
Use of the Road
Non-Road Infrastructure in Road Reserves
 Road authority, in exercising its functions and powers,
should:
“facilitate the appropriate use of the road reserve for
non-road infrastructure and the effective and
efficient delivery of utility and public transport
services.”
Section 38(2)(e) RMA
Use of the Road
Non-Road Infrastructure in Road Reserves
Positioning of Non-Road Infrastructure

comply with good engineering practice and industry standards

design and installation to minimise damage to roads and risk to safety of
road users

minimise cost to the community in providing infrastructure and services
Section 20 and Schedule 7 RMA
Code of Practice – Management of Infrastructure in Road Reserves

minimise sight distance obstructions

avoid longitudinal placement in freeway reserves

minimise damage to street trees and high conservation roadsides

consider future road infrastructure improvements or maintenance
Part 3, Division 1 Code of Practice - Management of Infrastructure in Road Reserves
Consent for Works
Works on Roads – section 63
 Must have consent of the Coordinating Road
Authority (CRA)
 Act & Regulations prescribe certain
exemptions from consent / notice for certain
works
 Offence to conduct works without written
consent
Section 63 and clause 16, Schedule 7 RMA
Consent for Works
Exemptions from Consent – the Act
 Works specified under other Acts
Eg tree clearing around power lines
(Electricity Safety Act)
 As prescribed in Regulations
 Works conducted in an emergency
Eg burst water main – but not short term
planned /unplanned works
Section 63 RMA
Consent for Works
Exemptions from Consent – the Regulations
 Road Management (Works & Infrastructure) Regs
2005 (as amended)
 “Minor works” other than “traffic impact works”
 Applies to:
• a Utility or its Agent; or
• A Provider of Public Transport or its Agent;
or
• a Road Authority or its Agent
Regulation 5, Road Management (Works & Infrastructure) Regulations
Note: Other exemptions also apply
Consent for Works
“Minor Works” - Exemptions from Consent (1):
Works consisting of:
 repair or maintenance of poles
 replacement or relocation of a single pole in an urban area
 replacement or relocation of not more than 3 poles in an area
that is not an urban area
 installation, repair or maintenance of aerial cables or other
overhead non-road infrastructure
 connection of a consumer to a service – other than “supply
extension works”
 using an access hole for repairing or maintaining
infrastructure under a road
Regulation 4, Road Management (Works & Infrastructure) Regulations
Consent for Works
“Minor Works” - Exemptions from Consent (2):
Works consisting of:
 repair or maintenance of street lighting
 removal of a tree or vegetation in accordance with an Act
other than the Road Management Act
 excavation of the roadway, pathway or shoulder less than
8.5 square metres.
 excavation of any part of a road other than a roadway,
pathway or shoulder
Regulation 4, Road Management (Works & Infrastructure) Regulations
Consent for Works
“Minor Works” – Consent Required where Minor
Works are:
Traffic Impact Works – being works:
 on a freeway
 on an arterial road that requires deviation of vehicles into an
on-coming traffic lane
 in a clearway when in operation
 on, or that affects, a bridge or structure
 that require closure to vehicles of part of a roadway for a
continuous period of more than 12 hours or more than 24
hours in 7 days
 that cause a significant delay to traffic on an arterial road or
municipal road
Regulation 4, Road Management (Works & Infrastructure) Regulations
Consent for Works
“Minor Works” – Consent Required where Minor
Works are (cont’d):
Traffic Impact Works – being works affecting Public
Transport:
 that require deviation (to a different road), replacement or
cancellation of a tram or bus
 that cause a significant delay to a tram or bus
 that have a significant impact on access to a tram stop or
bus stop
Regulation 4, Road Management (Works & Infrastructure) Regulations
Note: Future “Traffic Impact Works” are proposed to be declared by the Minister for
Roads under the Regulations – to clarify further the meaning of “significant”.
Consent for Works
“Minor Works” – Consent Required where Minor
Works are :
Supply Extension Works – being works involving the
connection of a consumer to a service:
 in an urban area, by means of:
 underground works exceeding 100 metres
 overhead works involving installation of more than one
additional pole
 in any other area, by means of:
 underground works exceeding 300 metres
 overhead works involving installation of more than 3
additional pole
Regulation 4, Road Management (Works & Infrastructure) Regulations
Consent for Works
Road Authority and Utility Works Affecting
Public Transport (1)
 Notification of Works where:
 works on or in the immediate vicinity of rail
infrastructure or rolling stock – likely to threaten its
safety
 works conducted by another infrastructure manager or
works manager that could affect (public transport)
infrastructure
Sections 48EA & 48EB and Schedule 7, clause 8, RMA
 works that require the closure of a tram or bus stop for
more than 2 hours – 10 business days notice
Table 1, clause 44, Code of Practice – Management of Infrastructure in Road Reserves
Consent for Works
Road Authority and Utility Works Affecting Public
Transport (2)

Consent for Works where:
 ‘minor works’ are “traffic impact works” that:
 require deviation, replacement or cancellation of tram or
bus
 cause significant delay to tram or bus
 have significant impact on access to tram or bus stop
Regulation 4, Road Management (Works & Infrastructure) Regulations
 road closure or closure of tram tracks – any duration
 lane closure in peak period - >15 min duration of works and
tram / bus delay likely >2 min (Melbourne & regional centres)
 lane closure in off-peak period - >2 hour duration of works
and tram / bus delay likely >5 min (Melb & regional centres)
Table 1, clause 44, Code of Practice – Management of Infrastructure in Road Reserves
Note: The Coordinating Road Authority should forward any consent
for works applications to the relevant provider of public transport
where works affect public transport.
Clause 45, Code of Practice – Management of Infrastructure in Road Reserves
Consent for Works
Utility Works Requiring Multiple Road Openings
 Applications for Consent:
 single utility project that has multiple road openings /
excavations should only require one consent for works
application
 Minor Works Exemptions:
 IRP Working Group agreed consent required where a
utility project has multiple road openings / excavations
which when combined exceed the ‘minor works’ threshold
(ie. 8.5 sq metres of roadway, pathway or shoulder)
Note: This position to be incorporated into relevant
guidance material.
Consent for Works
Works Conducted in an Emergency

Works conducted in an emergency by, or with the authority of, the
relevant infrastructure manager are exempt from consent

Make site safe is a priority

Examples: Gas main explosion, burst water main, power lines over
road (ie. conducted by a utility in relation to an emergency),
disruption of an essential service – not short term planned or
unplanned works – definition to be prepared
Section 63(2)(e) RMA
Notification of Emergency Works

Notify coordinating road authority as soon as is reasonably practicable
Schedule 7, clause 7(2) RMA
Permanent Reinstatement after Emergency - Consent

Consent for works required if permanent reinstatement is not planned
for completion within 20 days of temporary reinstatement
Consent for Works
 Road Opening Permits
 required under Council “local law” – Not permitted to be
used instead of consent for works application under Road
Management Act
 Road Management Act overrides any other Act if there is
an inconsistency (includes local laws made under the Local
Government Act)
 can not require both ‘consent for works’ and ‘road
opening permit’
Section 5 RMA
 Asset Protection Permits
 can not be used for works within the road reserve (ie
instead of, or in addition to, ‘consent for works’)
 only used where works on land abutting road reserve may
damage Council assets
Applying for Consent
Application for Consent
 Submit application form to Coordinating Road Authority (CRA):
 includes information requirements to enable assessment
 must notify other affected infrastructure managers
 Consent application fee applies
Schedule 7, clauses 8 and 16 RMA
Applying for Consent
CRA Assessment Process

CRA must respond within 20 business days for all works other than:
 supply extension works - 15 business days; or
 connection of consumer to a service – 3 business days.

Consent may be “deemed” if no response from CRA within the
relevant periods above
Schedule 7, clause 17 RMA and Regulation 17, RM(W&I) Regulations 2005

CRA must consult with the responsible road authority if affected by
works by an infrastructure manager
Schedule 7, clause 16 RMA

CRA to include reasonable conditions requested by public transport
infrastructure manager or provider of public transport where works
will affect public transport infrastructure or services
Clauses 36 and 45, Code of Practice – Management of Infrastructure in Road Reserves
Note: A Memorandum of Authorisation (MoA) does not give consent to
conduct works
Applying for Consent
Conditions of Consent
 CRA may impose reasonable conditions on a written
consent in relation to the works, however:
 for utilities / PT providers, CRA cannot impose certain
conditions, including:
 financial securities or indemnities (beyond 12 month
warranty period)
 technical design or installation techniques
 visual amenity or aesthetics
 above ground infrastructure to be placed under a
road
Regulation 14, Road Management (Works and Infrastructure) Regulations 2005
Notification of Works
Notification of Works – to CRA

Proposed installation of non-road infrastructure or related works in road
reserve, but
 exemptions apply:
 to a utility, provider of public transport or responsible road
authority (or their agents)
 in an emergency
Schedule 7, clause 7 RMA and Regulation 11 RM (W&I) Regulations 2005

Completion of works (including reinstatement works)
 must be within 7 business days
 exemptions apply:
 where a condition of a written consent given by CRA.
 minor works – other than:
- traffic impact works; or
- where any excavation of roadway, pathway or shoulder
Schedule 7, clause 13 RMA and Regulations 5 and 9 RM (W&I) Regulations 2005
Notification of Works
Notification of Works – to Provider of Public
Transport
 Works affecting Tram and Bus services:
 road closures
 lane interruptions – peak or off-peak
 tram or bus stop closure
 Notification and consent requirements subject to duration
of works
Clauses 43 to 47, Code of Practice for Management of Infrastructure in Road Reserves
Consent and Notification Process
Standard ‘Works within Road Reserve’ Form encouraged
 To be used by all CRAs, utilities and providers of public
transport when:
 proposing to install non-road infrastructure or related works
in road reserve
 applying for consent for works
 notifying the completion of works
 To help standardise communication process and minimise
administrative costs
Clause 35, Code of Practice – Management of Infrastructure in Road Reserves
Worksite Safety
Road Safety Act – section 99A – Safety of
Works
 An offence if a person (eg. works manager) does not
conduct works safely by failing to:
– have in operation a traffic management plan;
– give appropriate warnings to road users;
– engage appropriately trained and qualified
persons to carry out the works or direct traffic; or
– give appropriate directions to the persons
carrying out the works
Penalty:
60 penalty units
Section 99A Road Safety Act
Worksite Safety
Responsibility for Safety of Works
 The works manager must take all reasonable
measures to:
 minimise disruption to traffic
 ensure the safety of the works for road users
and adjoining properties;
 make adequate provision for persons with a disability
Schedule 7, clause 11 RMA
Worksite Safety
Traffic Management Plans (TMP)
 Must comply with the requirements as prescribed in the
Road Safety (Traffic Management) Regulations 2009
(Regulation 32)
 Code of Practice for Worksite Safety – Traffic
Management provides good practice guidance
 Must be maintained, and available for inspection, at the
worksite at all times when workers are present
Note: Penalty applies - 6 penalty units (or approx $700)
Regulations 32 & 33, Road Safety (Traffic Management) Regulations 2009
 Works manager responsible for safety of worksite –
road authority approval of TMP not required
 Works manager to keep records of any changes to TMP
Clauses 12 and 16, Code of Practice for Worksite Safety – Traffic Management
Worksite Safety – Traffic Management
(WS-TM) Code of Practice
Government Gazette No. S 351
Worksite Safety
Memorandum of Authorisation (MoA)
 Authorisation in writing from the relevant road authority
(VicRoads or Council) to erect, remove or alter traffic
control devices
 It can be for specific works or an event, or it may be
generic
Road Safety (Traffic Management) Regulations 2009
Worksite Safety
MoA - Works by Utilities / Public Transport

‘Works managers’ (including contractors) may use
without an MoA:
Works advisory devices
Hand-held stop signs
Works zone signs
Temporary works speed limit signs (but no less than
40 km/h)
provided




 the works are “authorised” - ie. have consent of
coordinating road authority or are exempt from
consent (under Road Management Act)
 all Traffic Control Devices are included in the TMP
Regulation 11, Road Safety (Traffic Management) Regulations 2009
Worksite Safety
MoA - Works by Utilities / Public Transport
 Works advisory devices are defined as all devices used
to warn, guide or advise traffic at work sites.
 They include:






roadworks or road workers ahead signs
no linemarking signs
detour or lane closure signs
road closed or part road closed signs
road humps
traffic cones or bollards
 They exclude regulatory traffic control devices
Regulation 11, Road Safety (Traffic Management) Regulations 2009
Worksite Safety
MoA - Works by Utilities / Public Transport
 Therefore, utilities & public transport operators ‘works
managers’ (including contractors) only need to apply to
VicRoads for an MoA in limited cases:
temporary traffic signals
speed limit signs less than 40 km/h
regulatory signs (other than speed limits), eg
 No Right Turn, No Entry
Note: The MoA as required from VicRoads applies to works on
freeways, arterial roads and municipal roads
Regulation 11, Road Safety (Traffic Management) Regulations 2009
Working within the Road
Reserve
Utility Works - Boring vs Excavation of Roadway

If practicable, use methods which do not excavate or break up the
surface of the roadway or pathway

If necessary to excavate or break up roadway or pathway:
 conduct works at time and in a manner that minimises
inconvenience to road users?
 conduct works so as to minimise long term damage or disruption
Schedule 7, clause 5 RMA
Depth of Underground Utility Infrastructure

Underground utility infrastructure should be laid to depths that:
 conform to utility regulations and standards
 allow road authority maintenance and repair activities without
damaging underground utility infrastructure
 allow tram and train operations and track maintenance
Note: Guidance on depths is provided in clause 24, Code of Practice –
Management of Infrastructure in Road Reserves
Clause 24, Code of Practice – Management of Infrastructure in Road Reserves
Working within the Road
Reserve
Hours of Work (1)

Principles for management of works and infrastructure:
 the avoidance or minimisation of disruption to traffic
 the avoidance or minimisation of disruption to delivery of
utility and public transport services
Section 20(2) RMA

“Traffic impact works” include:
 works that cause a significant delay to traffic
Regulation 4, Road Management (Works & Infrastructure) Regulations

Plan location of utility infrastructure such that installation and
maintenance activities will:
 minimise delays and inconvenience to traffic and road users
 minimise interference with, and access to, public transport
services
Clause 21, Code of Practice – Management of Infrastructure in Road Reserves
Working within the Road
Reserve
Hours of Work (2)

Works affecting Tram and Bus services:
 road closure and/or tram track closure – consent
 lane interruption between 6 - 9 am or 3 – 7 pm - consent
Note: “Lane interruption” means temporary interruption of
traffic flow in a lane (including lane closure) which may
impact on public transport services but excludes works
vehicles legally parked or works located within a legal parking
area which do not significantly encroach onto an adjacent
traffic lane.

“Lane interruption” works are not restricted to between 9 am and
3 pm – but these works do require consent
 work arrangements may be negotiated with coordinating road
authority to minimise impacts on public transport and allow
works to proceed within peak times.
Clause 44 and Table 1, Code of Practice – Management of Infrastructure in Road Reserves
Working within the Road
Reserve
Compliance with Conditions of Consent
 Works manager must comply with all conditions of a
written consent to conduct works within road reserve
 Offence to fail to comply with conditions of consent
Section 65 RMA
 Any required changes or variations to the plans or
specifications for the works should be negotiated with the
coordinating road authority
Clause 54, Code of Practice – Management of Infrastructure in Road Reserves
Working within the Road
Reserve
Dial Before You Dig

Road authorities recommended to contact Dial Before You Dig
where proposed roadworks (or maintenance activities) may
affect utility infrastructure
Clause 60, Code of Practice – Management of Infrastructure in Road Reserves

Utilities should also contact Dial Before You Dig when planning
for proposed utility works
Duty to Provide Information

Non-road infrastructure manager must comply with a request
from a road authority for information regarding:
 the location of any non-road infrastructure
 technical advice or assistance relating to the conduct of
works on non-road infrastructure in a safe manner
Schedule 7, clause 9 RMA
Working within the Road
Reserve
Redundant or Obsolete Utility Infrastructure
in Road Reserves
 Utilities to advise coordinating road authority of details of
redundant or obsolete infrastructure:
 where there is potential for deterioration that may
affect road infrastructure or become a road safety
hazard
 where there are proposals to remove or treat such
infrastructure
 when requested by a road authority
Clause 58, Code of Practice – Management of Infrastructure in Road Reserves
Reinstatement of Works
Duty to Reinstate – Utility Works

Works manager, after completing works, must reinstate the
roadway, pathway, shoulder or roadside:
 to the standard before the works commenced;
 as promptly as reasonably practicable;
 as nearly as reasonably practicable to an equivalent standard
of quality and design; and
 to restore features to assist persons with a disability.
Note: Road authority can not require ‘betterment’ of road
infrastructure
Schedule 7, clause 12 RMA

Utility infrastructure manager or works manager is responsible for
maintenance of reinstatement works for a period of 12 months

Reinstatement works conducted by road authority – road authority
accepts ongoing responsibility for works
Clause 56, Code of Practice – Management of Infrastructure in Road Reserves
Resolution of Disputes
Dispute between Road Authority and Utility
or Provider of Public Transport
 determined by the relevant Ministers or their nominees
 have regard to RMA ‘works and infrastructure
management principles’ – section 20(2) RMA
Section 125 RMA
 from practical perspective, seek resolution as quickly as
possible by parties at the workface – with escalation as
necessary (without involving Ministers)
Clause 72, Code of Practice – Management of Infrastructure in Road Reserves
Working within the Road
Reserve
Further Information
Working within the Road
Reserve
‘A Guide to Working in the Road Reserve’
brochure (on VicRoads website)
Working within the Road
Reserve
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