Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (a)costs incurred in preparing the initial set of plans and estimates in relation to those diversionary works (but not in preparing any further plans and estimates which the authority may require); (b)costs disallowed under regulation 6(3). 11.2.3 In the case of private roads, notices should be served on the road manager in the form of letters or emails as well as being entered in the SRWR if the road exists in the gazetteer. Works (Diversionary Works): A Code of Practice 1992. 11.8.2 A vehicle may be parked outside a works site provided that it obeys the parking rules that apply to any other vehicle in that road. Produce an electronic version of the existing code and together with the HAUC Advice note from 2010, circulate to the industry setting out the review plan and guiding all concerned to use the current document and asking for feed back from the industry as a way of getting buy in to the review and the desire to support the Infrastructure needs of the UK. "Safety at Street Works and Road Works, A Code of Practice" also states that the roads authority must be notified about the use of portable light signals. To help us improve GOV.UK, wed like to know more about your visit today. Knowledge of Diversionary works code of practice and its application Ability to produce detailed industry-standard level of survey, installation and as-built documentation Understanding of long-distance fibre networks, Comsof Fibre PlanIT and GE Small world software Driving license NRSWA accreditation to supervisor level would be beneficial An Act to consolidate the Road Traffic Regulation Act 1967 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission. in all other cases, a sum equal to 18 per cent. We follow the process set out in the New Roads & Streetworks Act 1991 (NRSWA) and its code of practice. S]|A +Rs,e|eKAdKIn>tk5jN|9,{ The National Infrastructure Strategy was delivered in an HM Treasury Report in November 2020 and it sets out the governments intentions for the UK. A vehicle entirely within the coned-off area of the site may require a larger coned-off area than would otherwise be the case. 9. any sum recoverable from any person for whose purposes the diversionary works are executed, irrespective of whether or not such a sum is actually recovered from that person; any sum which would have been recoverable from such a person were that person not the authority. by an authority on behalf of another person or by an authority other than in its capacity as such; or. The Secretary of State for the Environment, Transport and the Regions, in exercise of his powers under section 85 and 104(3) of the New Roads and Street Works Act 1991(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations: 1.(1)These Regulations may be cited as the Street Works (Sharing of Costs of Works) (England) Regulations 2000 and shall come into force on 15th January 2001. But they also have a profound impact on peoples daily lives. This code of practice is intended to help local authorities co-ordinate works in the highway under section 59 of the New Roads and Street Works Act (1991) (NRSWA). Infrastructure underpins the economy. aSJBPTLsJyDQPRS]WSa Ln_DeJmd Ne=b|ds./^W\'vr6]`n%/[&maT-cUu^)/VY M l&J6jt&im:vs6 1kZMnT9?piBT[5[vy}uv ^Ov'$-bYP6c a'E5vKwws1a >KMd7Z\`,a!e,seC(AYQUg^Ot!^vfPm5N2,\Pk8WV])]_ZIR(\]0fz(mFKy]V#.]w] 5\vY/xg]Vng[ 11.3.2 Where the road works authority is satisfied that there is a likelihood of danger to the public or serious damage to the road (e.g. We use some essential cookies to make this website work. 11.12.1 A Fixed Penalty Notice (FPN) offers the opportunity of discharging any liability to conviction for certain offences under NRSWA by payment of a fixed penalty charge. Different options to open legislation in order to view more content on screen at once. Management of our Highways and the coordination of Street Works is governed by numerous pieces of legislation. Statutory undertakers include: Street works are necessary to provide and maintain utility and transport services, but can be disruptive to road users. The Code therefore aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. 'Future of lane rental schemes for roadworks' consultation outcome published. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 11.7.2 In relation to works near rail tracks, please see Appendix C. The Code of Practice on Safety at Street Works and Road Works should always be consulted for advice on safety issues. Where diversionary works are executed by an undertaker because of major works initiated by an authority, the authority shall pay 82 per cent. The works are then not wholly confined to the footway but encroach on to the carriageway. Alison is Streetworks Policy and Compliance Manager for Openreach, with 25 years of experience in the telecoms industry and 15 years specialising in street works. This means if you make a subsequent search, you will not be charged for any previous unpaid searches if you choose to pay for the current search. 11.3.7 Closures or restrictions provided by the above are only in force when the appropriate signs are maintained in place. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 11.3.12 General Direction 53 of the Traffic Signs Regulations and General Directions 2002 states that portable light signals may be placed for the control of vehicular traffic only if permission is given in writing by the roads authority, or orally in an urgent situation if followed by written confirmation. 0000065099 00000 n and diversionary works are executed by an authority or the undertaker. An undertaker is not liable for allowable costs in relation to providing space in or strengthening of a bridge to accommodate his apparatus (regulation 6(1)) and cannot recover his costs where he has placed his apparatus in the street after the authority has given him statutory notice of its intention to carry out major works: regulation 6(3). 1Works promoters are strongly advised to liaise with the road works authority's arboriculture consultants and other environmental officials when drawing up proposals. 8.(1)For the purposes of regulation 3(1)(a) and (b) (including those provisions as applied by regulation 5) the authority may pay to the undertaker a sum equal to 75 per cent. Learn more Traffic Management Act 2004 (TMA) 426 0 obj<>stream Measures Necessary where Apparatus is affected by Major Works (Diversionary Works), ESpur,Saughton House Where the major works are major transport works (other than works which are major bridge works or certain major highway works), the authority pays 92.5 per cent. This Code of Practice provides information on the needs of the various undertakers and promoting authorities when confronted with the possibility of having to divert or take some other action in regard to undertaker apparatus, The code of Practice for Co-ordination 5th Edition, together with HAUC (England) Operational Guidance for Permit Schemes appended, is released. But infrastructure investment also has an important short-term role to help support jobs and stimulate the economy. 0000001276 00000 n The Secretary of State makes these Regulations in exercise of the powers conferred by sections 58(1), 74, 97 and 104(1) and (3) of, and paragraph 2(2) of Schedule 3A to, the New Roads and Street Works Act 1991(1) and section 37(1), (6) to (8), (11) and (13) of the Traffic Management Act 2004(2). Having provided such information, the Code then gives guidance on the planning of works to ensure that an optimum engineering solution is reached in which the total costs are minimised regardless of who pays. 4.(1)Where, because of major works initiated by an authority, the authority executes diversionary works, the undertaker shall, subject to paragraph (2), pay to the authority, (a)where the major works are major transport works other than those which. That infrastructure drive has an effect on the relationships within the Street and Roads Works industry in terms of maintaining cost effective outcomes of works and maintaining asset access. SHW: Specification for Highway Works. All 'C' numbered references in the text of this note refer to . 0000065742 00000 n Upon application for a TTRO, road works authorities should provide the works promoter with the estimated cost of the order. Diversionary works include the removal, alteration and protection of . The Code recommends model procedures for dealing with diversionary works from the early planning stages, (as appropriate) of the allowable costs, (a)in a single lump sum before the diversionary works begin; or. 0000003738 00000 n 0000002781 00000 n 1999/672), article 2(a). The current Code aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. of those costs are paid by the authority as provided in regulation 8. 0000064556 00000 n Please contact one of our Diversions Working group chairs to discuss what help you can offer. Infrastructure is long-term. It also helps undertakers fulfil their duty to co-operate in this process, under section 60 of NRSWA. Fairer, Faster, Greener is the strapline and it sets out the Governments ambitions in driving investment and change within the UK. This notice is limited to 21 consecutive days' duration; however, it may be extended by one further notice (giving a further 21 consecutive days) but may be followed only by processing a long duration order. Diversionary works include the removal, alteration and protection of . 11.1 Location of Works and Apparatus - Exchange of Information. Sites with alternate one-way vehicular flows are referred to as shuttle working. The current Code aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. 4 0 obj Works (Diversionary Works): A Code of Practice 1992. 5.(1)This regulation applies where major works are initiated, (a)by an authority on behalf of another person or by an authority other than in its capacity as such; or. You can change your cookie settings at any time. endobj National Code of Practice providing local highway authorities with guidance and recommendations on good practice. where the major works are major transport works other than those which. Most notably, Dave has played a central role in the delivering of the permit legislation, guidance and operational advice. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. d4ik->WE4?hfASF(%!^X8!T,yRf#7 u.&zP =kRXi}YnRnWg~"F7+~REaQlYsmZvrjCL4:oA'~ ~X[ This should ensure that wherever possible, and at reasonable cost, their requirements can be met. a sum equal to 7.5 per cent. Well send you a link to a feedback form. (3)If payments made by an authority under paragraph (1) exceed the relevant proportion of allowable costs specified in regulation 3(1)(a) or (b), the undertaker shall, within 35 days of the issue of the account referred to in paragraph (2), refund to the authority the amount of the excess. (a)in the case of major works consisting of major bridge works comprising a replacement of the bridge, not more than 10 years; (b)in the case of any other major works, not more than 5 years. If a vehicle is parked adjacent to the works, in a place which vehicles could not normally use, then it must be part of the works site. You can change your cookie settings at any time. 11.4.4 Although NRSWA gives road works authorities certain powers to inspect and carry out emergency works, neither roads authorities or undertakers expect the need to arise. bSBX)eOA,{ Chapter 7 Directions 7.1 Directions under Section 115 of NRSWA Access essential accompanying documents and information for this legislation item from this tab. 0000064677 00000 n The Diversionary Works Code provides information on the needs of the various undertakers and promoting authorities when confronted with the possibility of having to divert or take some other action in regard to undertakers' apparatus. New Road and Street Works Act (NRSWA) - provides a legal framework for street and highway works in the UK. To help us improve GOV.UK, wed like to know more about your visit today. Statutory guidance on street works inspections coring added to collection page. a debtor that is an authority which has paid a lump sum or instalments in accordance with paragraph (1) shall pay to the undertaker any balance of the estimate, together with any further sum equal to the amount by which the proportion of allowable costs to which the undertaker is entitled exceeds the estimate; the debtor in any other case shall pay to the creditor the sum owing. 0000066531 00000 n The detailed requirements are set out in Sections 138 & 139 of NRSWA and are supported by advice in NJUG publications. 3 0 obj A booklet is for people with specific responsibility for portable vehicular signals at street works and road works. or 7.5 per cent. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 7 0 obj 5 0 obj The written permission must give specific approval to the placing of signals at a particular site except: (i) where the signals are being operated and maintained by and under the regular supervision of a uniformed constable during the progress of a temporary scheme of traffic control; or, (ii) on a length of road along which there is no junction carrying vehicular traffic to and from it; and the width of the carriageway is temporarily restricted so as to carry one line of traffic; or, (iii) at a level crossing when work in relation to that crossing is being carried out; or. There is provision as to the timing and manner of payment (regulation 8) and for exclusions (regulation 9). Decisions taken today on new rail lines, power plants, or road upgrades, will affect lives and livelihoods for decades to come. <> 11.5.2 Once a roads authority has placed a notice on the SRWR of its intention to carry out major works, this means that when calculating an undertaker's allowable costs there shall be disallowed costs for diversionary works incurred in respect of apparatus placed in the road after the date of the notice. 0000064725 00000 n in the case of major works consisting of major bridge works comprising a replacement of the bridge, not more than 10 years; in the case of any other major works, not more than 5 years. Broomhouse Drive Documents Code of Practice - Measures Necessary. . You have rejected additional cookies. 0000003890 00000 n 11.2.1 Section 146 of NRSWA provides that where road works authorities are satisfied that a road in their area is likely to become a public road, they may make a declaration to that effect. 11.3.4 The works under such an Order may last for up to 18 months. 11.11.2 An undertaker considering burying plant and apparatus that is currently above ground should contact any other undertaker with similar apparatus in that road to see whether it wishes to share the underground facility. The code of practice has several stages and each stage must be complete to progress to the next. Date published: Neos Networks adhere to 'New Roads; Street Works Act (NRSWA) 1991' and 'HAUC Measures Necessary Where Apparatus is Affected by Major Works (Diversionary Works)' Code of Practice. 378 0 obj <> endobj Bridge, sewer and transport authorities also have an interest so far as any land, structure or apparatus of theirs is concerned. Completed in July 2021, 3. Review Group to deliver a task plan setting out process and review milestones, including target review and COP publish date. This Code of Practice is issued by the Secretary of State for Transport and Welsh Ministers under section 65 of the New Roads and Street Works Act 1991 (NRSWA) and section 174 of the Highways Act 1980, by Scottish Ministers under section 124 of the NRSWA, and by the Department for Regional Development (Northern Ireland) under article 25 of the rather than the 18 per cent. of the estimate of 82 per cent. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 10 0 R/Group<>/Tabs/S/StructParents 1>> by an undertaker for the purposes of any such person. xUoHSQ?77#5DSz6]eZQFi`DCR> %~aAQ}PT{ss9r II@a t_:P qqnQT i1^B IV08]@Uu[E!vn&?sgeBgwE UVYsZ Ensuring the Code provides clarity, fairness and consistency for all parties involved in works. stream (a)any sum recoverable from any person for whose purposes the diversionary works are executed, irrespective of whether or not such a sum is actually recovered from that person; (b)any sum which would have been recoverable from such a person were that person not the authority. 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