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
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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