Democracy Spraffa

Item 10 - Protocol for road works on traffic sensitive roads

West Dunbartonshire Council · 22 May 2024
Back to Infrastructure, Regeneration & Economic Development Committee — 22 May 2024 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer - Roads and Neighbourhood 
Infrastructure, Regeneration and Economic Development 22 May 2024
Subject: Protocol for Road Works on Traffic Sensitive Roads
1. Purpose
1.1 West Dunbartonshire Council as the “Roads Authority” have a duty to
Manage and Coordinate all road works within their maintained public road
network.
1.2 The purpose of this report is to provide IRED Committee with the procedures
and protocols that officers will follow in regards to management of road
works on our traffic sensitive roads. 
2. Recommendations
2.1 It is recommended that Members:
a) Note the duty of the Roads Authority and the responsibilities of
those undertaking works on the road network as set out within this
report;
b) Approve the protocols set out in the Protocol for the Management
and Coordination of Road Works on Traffic Sensitive Roads
(Appendix A); and
c) Note that the Roads Authority will engage with all Statutory
Undertakers and stakeholders to make them aware of the
requirements set out within the protocol.
3. Background
3.1 A high volume of unplanned emergency works recently undertaken within the
Dumbarton area resulted in a significant impact to traffic congestion within the
local area. 
3.2 These works often clashed with planned works already in progress and well
as conflict with existing traffic and pedestrian control facilities.  
3.3 A motion was raised at Council by Councillor David McBride requesting
the Chief Officer for Roads and Neighbourhood to develop a Road Works
Protocol for Traffic Sensitive Locations in line with the Code of Practice for
the Coordination of Works on Roads to be agreed with utilities when
works are proposed in these locations to ensure awareness of
responsibilities.
ITEM 10

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3.4 This protocol should be applied to any road works which have to be
undertaken on our roads defined as traffic sensitive and should
incorporate protocols for emergency works.
3.5 The protocol should take into account minimal traffic management
proposals, discussions how any temporary traffic management will works
in tandem with existing traffic lights and nearby junctions and
communication channels throughout the works. Assurances that works
will be undertaken efficiently to ensure the length of disruption is
minimised should also be included as well as escalation, intervention
measures and an enforcement process should statutory undertakers fail
to deliver agreed measures
4. Main Issues
4.1 The New Roads and Street Works Act 1991 (NRSWA) provides a
legislative framework for all ‘works in roads’ in Scotland. This includes
road works by undertakers (utility companies) and works for road
purposes by road works authorities– to the extent that these must be
co-ordinated by the road works authorities.
4.2 In undertaking these duties to co-ordinate and co-operate, the road
works authorities and undertakers shall be required to undertake all of
their duties under NRSWA and supporting regulations and to apply any
guidance provided in any other Codes of Practice issued or approved
under NRSWA or such practice as appears to the Scottish Road Works
Commissioner to be desirable.
4.3 It is the duty of the road works authority to use their best endeavours to
co-ordinate the execution of works of all kinds (including works for road
purposes) in the roads for which they are responsible in the interest of
safety, minimise inconvenience, protect the structural integrity of the road
and the coordination with other road works authorities where works in one
authority impacts a road for which the other is responsible
4.4 Similarly all undertakers, in regards to the execution of road works, have a
duty to use their best endeavours to co-ordinate the execution of works of
all kinds (including works for road purposes) in the roads for which they
are responsible in the interest of safety, minimise inconvenience, protect
the structural integrity of the road and the integrity of any apparatus within
it.
4.5 To assist road work authorities to carry out their duty to co-ordinate works
under section 118 of the NRSWA and to ensure undertakers fulfil their
duty to co-operate in this process a Code of Practice for the Co-ordination
of Works in Roads has been developed.

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4.6 This code was prepared by a Road Authorities and Utilities Committee
(Scotland) (RAUC(S)) Working Group comprising representatives from
local roads authorities and undertakers and was chaired by the Scottish
Road Works Commissioner. It was the subject of extensive consultation
with relevant organisations. 
4.7 The aim of this Code is to balance the statutory rights of road works
authorities and undertakers to carry out works with the expectation of road
users that disruption from works shall be kept to a minimum 
4.8 The NRSWA provides a number of statutory powers which road works
authorities can exercise in the course of their works and the Code of Practice
for Co-ordination Works in Roads provides details on how these powers
should be enforced as well as procedures which should be followed by both
Roads authorities and Undertakers to meet the requirements of their duties. 
4.9 Under section 123 of NRSWA, a road works authority may designate
certain roads (or parts of roads) as "traffic sensitive". The criteria under
which such designations are to be made are specified in The Road Works
(Scottish Road Works Register, Notices, Directions and Designations)
(Scotland) Regulations 
4.10 Under Sections 115 and 115(1A) of NRSWA a road works authority can
serve a direction on an undertaker, setting out times or days during which
proposed or ongoing road works may or may not be carried out. This
power is subject to two important constraints: 
(i) It can be used only where the proposed works are likely to
cause serious traffic disruption that would be avoided or
reduced if the works were to be carried out at specific times;
and 
(ii) A road works authority using this power must have regard to
the advice set out in the Code of Practice. 
4.11 Directions may be given in the following circumstances: 
(i) In a road which has been designated as traffic sensitive in
order to restrict road works during traffic sensitive periods,
and where an undertaker has not agreed to voluntarily curtail
his works during the traffic sensitive period; or
(ii) In a road which is not designated traffic sensitive under
normal circumstances but is required to carry traffic diverted
from another road affected by either works in the road or a
road closure; or
(iii) Where there is no traffic sensitive designation but, by reason
of a short-term local event or occurrence (e.g. a Royal visit,
road race, major sports event) it is necessary to curtail road

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works to avoid traffic disruption; or
(iv) Where serious traffic disruption can be avoided or minimised
by virtue of one work site serving two or more undertakers; or
(v) Where no traffic sensitive designation exists, but the scale of
works is such that more than one traffic lane is affected and
accordingly the works are likely to cause serious traffic
disruption which may be avoided or reduced if the works
could be carried out only at specific times. 
4.12 Directions cannot be given in the case of emergency works and urgent
works in non-traffic sensitive situations, where the undertaker may
proceed without advance notice 
4.13 Even in circumstances where the use of a Section 115 direction may be
appropriate, a road works authority should always first endeavour to reach
agreement with the undertakers concerned as to the timing of their works.
The power of direction should be used only where: 
(i) A voluntary agreement has not been reached; or 
(ii) The scale of works or the potential for disruption is such that
the road works authority has reasonable grounds for seeking
statutory backing for arrangements agreed in discussions
with the undertakers; or 
(iii) There is insufficient time for agreement to be reached. 
4.14 It is also important that, if a direction is given, the undertaker must be
given sufficient time to enable them to adjust their working arrangements
accordingly. The table below sets out the maximum periods within which a
direction should be issued. 
Undertakers Notice Type Maximum Time periods for
Roads Authorities to issue a
direction
2 Hours Within 1 hour of receipt
3 Days Within 1 day of receipt
7 Days Within 3 days of receipt
1 Month Within 10 days of receipt
3 Months Within 10 days of receipt 
4.15 In developing the attached protocol officers have reviewed both our
powers as provided under the NRSWA and procedures detailed in the
Code of Practice to ensure that any measures put in place are in line with
existing guidance and powers.

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4.16 It was noted during the development of the attached protocols that work in
traffic sensitive locations, in particular emergency works have the potential
to impact on bus routes or timings. As such additional notice and
discussions with bus operators should be undertaken as soon as possible
and provision for this has been included. 
5. People Implications 
5.1   There are no people implications associated with this proposal. 
6. Financial and Procurement Implications 
6.1  There are no financial or procurement implications associated with this
report. 
7. Risk Analysis 
7.1  The protocols included in this report will reduce the risk to the Council and
ensure that we continue to fulfil our duties under the New Roads and
Streetworks Act 1991 
8. Equalities Impact Assessment (EIA) 
8.1  Impact assessments are not required for the items covered in this report. 
9. Consultation 
9.1 A number of the protocols provided in this report already form part of our
statutory powers, however the service will liaise with all relevant stakeholders
and undertakers in relation to the contents of the protocols and procedures set
out in the attached Appendix 1. 
10. Strategic Assessment 
10.1  A full Strategic Assessment was not required for this Report. 
Chief Officer: Gail Macfarlane
Service Area: Roads and Neighbourhood
Date:  23 April 2024 
Person to Contact: Liam Greene  
Roads and Transportation Manager   
liam.greene@west-dunbarton.gov.uk

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Appendices:  Appendix A: Management and Coordination of Road    
Works on Traffic Sensitive Roads Protocol 
Wards Affected: All wards