New Roads and Street Works Act 1991: Code of Practice for the Co-ordination of Works in Roads
Chapter 7 Directions
7.1 Directions under Section 115 of NRSWA
Background
7.1.1 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 this Code of Practice.
7.1.2 In considering whether or not road works could cause serious disruption, and whether or not the timing of the works could have an impact, the road works authority must have regard to:
(i) the nature, size and duration of the proposed road works;
(ii) the normal level and speed of traffic on the road concerned;
(iii) the nature of the traffic likely to be disrupted (whether, for example, the road is an important public transport corridor); and
(iv) the existence of works on a likely alternative route(s).
Instances Where Directions may be Given
7.1.3 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 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.
7.1.4 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.
7.1.5 A direction that requires road works to be executed out-with normal working hours should not be issued if the effect would be to involve the undertaker in committing a breach of any noise abatement or other relevant regulations. Road works authorities should therefore co-ordinate requirements with the appropriate environmental authority before issuing a direction.
General Considerations
7.1.6 It is important that Section 115 and 115A directions are not used as an unsubstantiated veto on planned works.
7.1.7 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. Table 7.1 sets out the maximum periods within which a direction should be issued.
|
Undertaker's Notice Type |
Maximum Time Periods for Road Works Authorities to Issue a Direction on Receipt of Undertaker's Notice |
|---|---|
|
2 hours |
Within 1 hour of receipt |
|
24 hours |
By 16:30 hours on the day before the day on which the work is proposed to start |
|
3 days |
Within 1 day of receipt |
|
7 days |
Within 3 days of receipt |
|
1 month |
Within 10 days of receipt |
|
3 month |
Within 10 days of receipt |
7.1.8 A direction under Sections 115 or 115A must be given using the SRWR.
Policy Guidance
7.1.9 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.
7.2 Section 115A: Power to give Direction as to the Placing of Apparatus
Background
7.2.1 Under Section 115A of NRSWA, a road works authority can serve a direction on an undertaker that would prevent the placing of apparatus in a road that has been identified by the placing of a notice on the SRWR, but will not identify an alternative route. This power is subject to three important constraints:
(i) it may be used only where the proposed road is likely to cause serious traffic disruption that would be avoided if the apparatus were placed in another road;
(ii) placing the apparatus in the alternative road would be a reasonable way of achieving the purpose for which the apparatus is to be placed; and
(iii) it is reasonable to require the undertaker not to place the apparatus in the proposed road.
7.2.2 In considering whether or not road works could cause serious disruption, and whether or not the placing of the apparatus could have an impact, the road works authority must have regard to:
(i) the nature, size and duration of the proposed road works;
(ii) the normal level and speed of traffic on the road concerned; and
(iii) the nature of the traffic likely to be disrupted (whether, for example, the road is an important public transport corridor).
Instances where Directions may be Given
7.2.3 Directions may be given in the following circumstances:
(i) in a road which has been designated as traffic sensitive in order to curtail road works during traffic sensitive periods, where the undertaker has not agreed to do so voluntarily; or
(ii) in a road not designated as traffic sensitive under normal circumstances but is required to carry traffic diverted from another road affected by either roads works or a road closure; or
(iii) where serious traffic disruption can be avoided or minimised by virtue of one work site serving two or more undertakers; or
(iv) 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 at an alternative location.
7.2.4 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.
7.2.5 A direction that requires road works to be executed outwith normal working hours should not be issued if the effect would be to involve the undertaker in committing a breach of any noise abatement or other relevant regulations. Road works authorities should therefore co-ordinate requirements with the appropriate environmental authority before issuing a direction.
7.2.6 A direction under section 115A must be given using the SRWR.
Policy Guidance
7.2.7 Even in circumstances where the use of a Section 115A direction may be appropriate, a road works authority should always first endeavour to reach agreement with the undertaker concerned as to the placing of its apparatus. 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.
7.2.8 It is also important that, if a direction is given, appropriate notice is given to the undertaker to enable him to adjust his working arrangements accordingly. The arrangements in paragraph 7.1.7 shall be used.