street works conference
DESCRIPTION
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 - PowerPoint PPT PresentationTRANSCRIPT
Street Works ConferenceStreet Works Conference
Thursday 19Thursday 19thth May 2005 May 2005
Cardiff International ArenaCardiff International Arena
Traffic Management Act 2004 Traffic Management Act 2004 Fixed Penalty NoticesFixed Penalty Notices
Nigel BennettNigel Bennett - National Grid Transco - National Grid Transco
Jerry McConkeyJerry McConkey - Sefton Council - Sefton Council
AgendaAgenda
A view from within a Working GroupA view from within a Working Group
Primary LegislationPrimary Legislation
Our BriefOur Brief
The DebatesThe Debates
The DfT’s roleThe DfT’s role
General IssuesGeneral Issues
The ProposalsThe Proposals
SummarySummary
Working Group MembershipWorking Group Membership
HighwaymenHighwaymen UtilitiesUtilities
Jerry Jerry McConkeyMcConkey SeftonSefton Nigel Nigel
BennettBennett NGTNGT
Graham Graham EatonEaton NSWHGNSWHG Steven Steven
HennahHennahWelsh Welsh WaterWater
Gerard Gerard O’TooleO’Toole TfLTfL Keith Keith
O’BrienO’Brien ThusThus
Andrew Andrew LoosemoreLoosemore
Neath Port Neath Port TalbotTalbot
Stephen Stephen LeeksLeeks EDFEDF
Don JestDon Jest WiltshireWiltshire Valerie Valerie EgertonEgerton
United United UtilitiesUtilities
Stephen Chandler Welsh AssemblyStephen Chandler Welsh Assembly
Mike Talbot, Fiona Sakwa, Clive Wood, DftMike Talbot, Fiona Sakwa, Clive Wood, Dft
Roddy Jones DfT legal, ( Ian Jones retired )Roddy Jones DfT legal, ( Ian Jones retired )
The Primary Legislation :-The Primary Legislation :-
•Traffic Management Act 2004 Traffic Management Act 2004 –Section 41 schedules 2 and 3Section 41 schedules 2 and 3
•New Roads and Street Works New Roads and Street Works Act 1991Act 1991
–Section 95A and Schedules 4A and 4BSection 95A and Schedules 4A and 4B
Terms of Reference of Working GroupTerms of Reference of Working Group
The role of the working group:The role of the working group:
(i)(i) To consider the detailed arrangements of how fixed To consider the detailed arrangements of how fixed penalties will operate;penalties will operate;
(ii)(ii) To enable the drafting of regulations and non statutory To enable the drafting of regulations and non statutory guidance; guidance;
(iii) To make recommendations to the Secretary of State (iii) To make recommendations to the Secretary of State for Transport through the main HAUC legislation for Transport through the main HAUC legislation group.group.
Fixed Penalty Notices and OffencesFixed Penalty Notices and Offences
What is a Fixed Penalty Notice?What is a Fixed Penalty Notice?Non-decriminalisedNon-decriminalised
What is an Offence?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 DebatesThe DebatesTime boundTime bound
2yrs after discovery ?2yrs after discovery ?
DeadlineDeadline
Agreed at 29 daysAgreed at 29 days
AmountAmount
DfT max £750, Utilities £63, LA’s declinedDfT max £750, Utilities £63, LA’s declined
PerformancePerformance
Acceptable level of accuracy LA’s 100% SU’s 95%Acceptable level of accuracy LA’s 100% SU’s 95%
IncentivesIncentives
At 95% performance no FPN’s to apply At 95% performance no FPN’s to apply
RetentionRetention
Reasonable admin costs? Who gets the rest?Reasonable admin costs? Who gets the rest?
Payment periodPayment period
How practical is payment in 15 daysHow practical is payment in 15 days
CongestionCongestion
Link FPN’s to DisruptionLink FPN’s to Disruption
Level Playing FieldLevel Playing Field
Street versus Highway WorksStreet versus Highway Works
The DebatesThe DebatesOffenceOffence
Single or ContinuousSingle or Continuous91 days91 days
Commission not discoveryCommission not discoveryNoticeNotice
Error CorrectionError CorrectionRepresentationsRepresentations
Time Limit?Time Limit?Electronic MeansElectronic Means
Sunrise ClauseSunrise ClauseSoftware DevelopersSoftware Developers
Systems Systems Audit CommissionAudit Commission
Monitor Street AuthorityMonitor Street AuthorityOffencesOffences
Prescriptive ListPrescriptive List
NoticesNotices On-site ComplianceOn-site Compliance
Fixed Fixed Penalty Penalty NoticesNotices
On-Site Notice On-Site Notice VerificationVerification
Yes
YesNo
No
Yes
Yes
No
No
Yes
No
Yes
No
Import Notice
Notice Import
Success?
View Notice
Notice Data
Correct?
Accept Notice
Verify Notice Type
Open or Closure Notice
Opening Closure
Check on site actual start
date
Is S.U. on
site?
Does work
correspond to notice data?
Check on site during works in progressDoes 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 ? Where next DfT ?
Proposals Proposals contained within the Consultation Documentcontained 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
SummarySummaryOffencesOffences
Street Authority InterpretationStreet Authority InterpretationSame OffencesSame Offences
Notices Notices Quality Quality TimelinessTimeliness
Co-ordinationCo-ordinationStreet WorksStreet WorksHighway WorksHighway Works
Reduce DisruptionReduce DisruptionFootway and Carriageway UserFootway and Carriageway User
Tranche 2Tranche 2Highways Act 1980Highways Act 1980