0000006458 00000 n (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). 11.5 Major Works for Road Purposes - Sharing of Costs. We use some essential cookies to make this website work. This should ensure that wherever possible, and at reasonable cost, their requirements can be met. 0000033024 00000 n Dont include personal or financial information like your National Insurance number or credit card details. These Regulations shall not apply to works executed pursuant to. 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). provided for by the 1992 Regulations. 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. ZU!8nNV!'qRS;+e{U!! The current arrangements for requesting and providing apparatus information are described in more detail in RAUC(S) Advice Note 1. There are changes that may be brought into force at a future date. 3 0 obj It is the first of its kind: rooted in the expert advice of the highly respected National Infrastructure Commission (NIC) and responding to its ground-breaking 2018 assessment of the countrys infrastructure needs. Currently there are 6 Codes all related to the 1995 Order. If they take longer than this, the highway authority may impose an overrun charge, so utilities are incentivised to complete their works on time. endobj This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. . Full supporting information must also be supplied. 11.3.5 When it becomes apparent that the advertised duration or extent of works will need to be extended, the works promoter must immediately inform the road works authority that an extension is required. He works hard to support members authorities by: attending regular national, regional and local meetings, providing an on-line library of existing legislation, regulations, procedures and guidance for authorities and their officers, acting as an online advisory service and providing prompt guidance on emerging issues and delivering a focused approach as part of the GeoPlace/Local Government Association family. A vehicle entirely within the coned-off area of the site may require a larger coned-off area than would otherwise be the case. Management of our Highways and the coordination of Street Works is governed by numerous pieces of legislation. and diversionary works are executed by an authority or the undertaker. The Street Works Inspector/ NRSWA Inspector will be carrying out systematic and ad hoc site inspections, investigations and surveys of street works, road works and highway licences in relation to the New Roads and Street Works Act (NRSWA) and all other associated regulations and codes of practice relevant to highways legislation. This is especially important if the materials are stored away from the works site but still within the road boundaries. )Xnr&"4Vj\Ca`im) But infrastructure investment also has an important short-term role to help support jobs and stimulate the economy. 0000066331 00000 n 0000066047 00000 n <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> But infrastructure investment also has an important short-term role to help support jobs and stimulate the economy. 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. 0000064872 00000 n Utilities. 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. Outside the works site, the vehicle has no special status and no exemption from parking enforcement. % Regulation 10 revokes the 1992 Regulations as respects England, provides that these Regulations apply where notice of intention to execute major works is given on or after 15th January 2001 and that the 1992 Regulations continue to apply where such notice is given before that date. Neos Networks will respond one of two ways: Depending on the complexity of your scheme, we aim to provide a response to initial enquiries (C2) within 10 working days, budget estimates (C3) within 20 working days and detailed estimates (C4) within 25 working days. Codes of Practice 01 June 1992 Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) Download document (s) Diversionary Works Advice Note 2010 679.97 KB Measures Necessary where Apparatus is affected by Major Works - June 1992 1.52 MB The principal change effected by the Regulations is that the undertakers share of the costs of diversionary works required in the case of certain major transport works is now 7.5 per cent. 0000003738 00000 n rather than the 18 per cent. Advanced Search (including Welsh legislation in Welsh language), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. 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. a sum equal to 7.5 per cent. 11.4.7 Where the road works authority has opened the road or exposed an undertaker's apparatus in an emergency or in the circumstances described in paragraph 11.4.6, the undertaker will assist the road works authority by either jointly inspecting the problem to determine necessary remedial works or confirming approval for the road works authority to proceed. Should you require a cost estimate to move our telecoms plant and equipment to accommodate your works, please contact us at: We will require the following information in order to progress your query as quickly and as efficiently as possible:-. in all other cases, a sum equal to 18 per cent. where the major works are major transport works other than those which. The Code recommends model procedures for dealing with diversionary works from the early planning stages, of those costs are paid by the authority as provided in regulation 8. 11.3.8 In extraordinary circumstances the Road Traffic Act 1991 allows for the temporary suspension of designated on street parking places where this may assist the works. Chapter 7 Directions 7.1 Directions under Section 115 of NRSWA endobj (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. Such an order is commonly known as a Temporary Traffic Regulation Order (TTRO). 11.7.1 Works promoters planning works near to, adjacent or across the lines of road-running tramways must contact the transport authority responsible for that tramway as early in their planning cycle as possible. 11.8.1 A works vehicle may be parked in a works site provided that it is necessary for carrying out those works. by an authority on behalf of another person or by an authority other than in its capacity as such; or. 11.4.1 Undertakers are under an obligation under section 140 of NRSWA to maintain their apparatus in the road to the reasonable satisfaction of the road works authority, having regard to the safety and convenience of traffic and the structure of the road and the integrity of apparatus in it. This is the original version (as it was originally made). 1991 c. 22. This Strategy sets out the governments plans to deliver on this ambition. Decisions taken today on new rail lines, power plants, or road upgrades, will affect lives and livelihoods for decades to come. of the allowable costs of the diversionary works; (b)in all other cases, a sum equal to 18 per cent. It is clear this is a sizeable task and completion may be 18 months in terms of an agreed document. %PDF-1.6 % d4ik->WE4?hfASF(%!^X8!T,yRf#7 u.&zP =kRXi}YnRnWg~"F7+~REaQlYsmZvrjCL4:oA'~ ~X[ Details of the procedure can be found in the Code of Practice: Measures Necessary Where Apparatus is Affected by Major Works (Diversionary Works) and HAUC(UK) Advice Note No 2010/1 Diversionary Works. They are sometimes necessary to accommodate highway improvement schemes. All 'C' numbered references in the text of this note refer to . The HAUC(UK) APP: the latest safety information in your pocket, HAUC(UK) Working Group - Diversionary Works, This group support and monitors the close co-operation and co-ordination between the promoting authority and undertaker through the provisions of the Diversionary Works Code, Infrastructure is the backbone of the economy vital to jobs, economic growth, and quality of life for people across the UK. David Capon is the JAG(UK) Manager and has worked extensively with the JAG(UK) community in delivering improved communications, management of the network and local knowledge and expertise. This is a particular problem for works which, but for the presence of a works vehicle, would take place entirely within the footway. (2)These Regulations apply where the formal notice of intention to proceed with major works pursuant to paragraph 5 of Appendix C to the Code is served on or after the date on which they come into force; and the 1992 Regulations shall continue to apply where such formal notice has been served before that date. Diversionary works are works to reroute utility services. $sXV5,#7Zq$M}V@0tYkKEsXx*Lk\^~=G{O[o&lDpkl%%b*V8JiAr$8}v #NQvBi$[` tA?IpNB"=5%#no7Kb w6Y%g %PDF-1.5 Copyright 2018 | Office of the Scottish Road Works Commissioner | All Rights Reserved. 11.3.10 Undertakers are required by section 125 of NRSWA to carry on and complete their works "with all such despatch as is reasonably practicable" and road works authorities may require unreasonably lengthy obstructions to be mitigated or discontinued. of the allowable costs (as defined in regulation 2(2)) of those diversionary works, provided that 75 per cent. 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. of the allowable costs of the diversionary works; (b)in other cases where payment is made in accordance with regulation 8(1), a sum equal to 82 per cent. xref Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. SHW: Specification for Highway Works. This item of legislation is currently only available in its original format. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 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. 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. Currently there are 6 Codes all related to the 1995 Order. We also use cookies set by other sites to help us deliver content from their services. Secretary of State for Transport as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred by sections 35C(3) and (4), 46A(3) and (4) and 124(1) of, and Part III of Schedule 9 to, the Road Traffic Regulation Act 1984(1) and by paragraphs 6(3) and 7(1) of Schedule 5 to the Local Government Act 1985(2) and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 134(2) of the Road Traffic Regulation Act 1984, All content is protected by copyright and/or database rights, Website Design & Development by Burnthebook. This Strategy brings together the governments long-term goals with the short-term imperative to rebuild the economy following the COVID-19 pandemic.The Diversionary Works COP was first issued in June 1992 and has remain untouched since that date save for an industry advice note in 2010.Underpinning everything is the notion that diversion only takes place when operational and technical constraints demand it. should contact . 0000002892 00000 n Fairer, Faster, Greener is the strapline and it sets out the Governments ambitions in driving investment and change within the UK. 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. 0000064253 00000 n 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. Well send you a link to a feedback form. There is therefore a presumption that closures or prohibitions will remain in force only for as long as necessary for the purposes for which they are imposed. 0000064725 00000 n Diversionary works are works to reroute utility services. Highway Drainage & Privately licenced apparatus under Section 50 of NRSWA = Dealt with by area Area Contact Details Contact Name Hampshire South Highways-transport.south@hants.gov . 11.1.2 Until there is the facility for all interested parties to exchange information electronically, existing arrangements should continue to ensure that information about apparatus is made available to works promoters. 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. Where the undertaker requests the authority to move his apparatus solely because of a change in the type of highway construction, he is normally required to pay the whole of the allowable costs: regulation 4(2). 10.(1)Subject to paragraph (2) the Street Works (Sharing of Costs of Works) Regulations 1992(2) (the 1992 Regulations) are revoked so far as they extend to England. 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. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Measures necessary where apparatus is affected by major works (diversionary works), How to reinstate a road after doing street works, Street works permit schemes: evaluation of effectiveness, The impact of street works lane rental charges, code of practice for the co-ordination of street works and works for road purposes and related matters, Higher charges for street works that overrun, Qualification requirements for people working on street works. 0000065695 00000 n There are some circumstances where works might be required under NRSWA . 0000064824 00000 n <> Diversionary works include the removal, alteration and protection of . 6.(1)Subject to paragraph (2), where the major works consist of or include major bridge works, allowable costs shall be so calculated that the undertaker is not liable for costs in respect of the provision of, (a)adequate space in the structure of the bridge; or. 11.10.1 Under section 128, those carrying out works must ensure that the owners of apparatus belonging to others are able to monitor the works and that requirements to take reasonable steps to protect the apparatus are followed. These include but are not limited to: 11.6.2 All of these documents together with all current legislation, Codes of Practice, RAUC(S) Advice Notes, HAUC(UK) Advices Notes applicable in Scotland and Commissioner Advice Papers are available on the Commissioner's website at www.roadworksscotland.gov.uk. (4)In calculating the allowable costs for the purposes of regulations 3 and 4 as applied by this regulation there shall be taken into account in favour of the undertaker. For these objectives to be achieved, there must be close co-operation and co-ordination between the promoting authority and undertaker and the need for this underpins all of the provisions of the Code. The code of practice has several stages and each stage must be complete to progress to the next. The Code of Practice sets out (in Appendix E) the methodology that should be applied to calculate that benefit in order to offset it against the costs of diversionary works. 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 the reason for the closure or restriction; Safety at Street Works and Road Works A Code of Practice, Measures Necessary where Apparatus is affected by Major Works (Diversionary Works), Reduction of Delays at Road Work - Code of Practice, HAUC(UK) Advice Note 2010/1 Diversionary Works. A booklet is for people with specific responsibility for portable vehicular signals at street works and road works. 2012 regulations outline that when utilities are planning works they must agree with the highway authority on how long it will reasonably take to complete them. 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. 0000066484 00000 n <> 6.2 Substantial Works for Road Purposes - Definition 6.3 Restriction Notices 6.4 Exemptions 6.5 Severable Works 6.6 Policy Guidance 6.7 Early Starts 6.8 Road Works Authority Consent to Works on Roads with Restrictions . In more detail in RAUC ( S ) Advice Note 1 these Regulations shall not apply to works executed to! From their services applied to the 1995 Order x27 ; C & # ;! U! to a feedback form to reroute utility services ; ( b ) all. Its original format changes we have not yet applied to the 1995 Order the current arrangements for and! 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