New Roads and Street Works Act 1991: Code of Practice for the Co-ordination of Works in Roads

Appnedix E

Early and Late Start Consent and Works Extension Procedures

Process for Early/Late Start Requests

E1. A works promoter (the promoter of the work, i.e. a road works authority or undertaker) proposing to request an early/late start consent should interrogate the Scottish Road Works Register (SRWR) to ensure that the works period being considered will not have an adverse impact on any other works already lodged on the SRWR.

E2. The following table details the minimum notice periods in which to make an early/late start request:

Notice Period	Minimum Notice Period for an Early Start Request	Minimum Notice Period for works using Portable Traffic Signals
3 month (S117 restriction)	10 days	10 days
3 months	5 days	7 days
1 month	5 days	7 days
7 days	3 days	7 days

The periods above are calendar months and working days.

To avoid cancelling notices unnecessarily it is good practice to submit a late start request whenever the specified starting date cannot be met.

E3. Where an early/late start request is to be made, the works promoter should, at the earliest possible opportunity, make contact (by telephone, fax or email) with an authorised person within the road works authority and make the request.

E4. Following the initial request as described at E 3. above, the road works authority may consent or object to the request. Where consent is given, then the works promoter shall enter an early/late start agreement on to the SRWR and shall also enter the name of the person who gave the consent and the date when given. This will automatically register consent on the SRWR. The road works authority may also issue a unique reference when giving consent and this should also be entered by the works promoter.

E5. Should the works promoter be unable, within 24 hours, to make contact or obtain a response from the road works authority, by following the process at paragraph E3 above, it may enter the proposed works into the SRWR without initial consent. This will be identified to the road works authority as an early start that has been recorded without an agreement having been given. The promoter shall also insert within the description box the words "EARLY START REQUEST" or "LATE START REQUEST" as appropriate together with any information to support the request.

E6. Where paragraph E5 above is used, the road works authority should review the request and respond. Where the early/late start is agreed, the road works authority shall provide the name of the person who gave the consent and the date when given. The road works authority may also insert a unique reference. This shall be done by means of a comment on the SRWR, and may be further confirmed by fax or email. The works promoter shall then enter the early/late start agreement details on to the SRWR. Where there is an objection to the early/late start, the road works authority shall issue an Early/Late Start Objection and may also issue a Section 115 notice giving a direction as to the timing of the works. Should a road works authority fail to respond within 3 working days to an early/late start request entered on to the SRWR, then a works promoter may enter an early/late start agreement on to SRWR and commence work on the expected start date entered on the notice.

E7. Section 115 of NRSWA gives a road works authority the power to issue directions as to timing of works. Paragraph 7.1 of this Code of Practice for Co-ordination provides timescales for the issue of such notices. Where Early/Late start requests are made, the timescales in this Appendix shall take precedence.

E8. The above processes are shown in as Diagrams 1 and 2 at the end of this Appendix.

Objections

E9. All undertakers and relevant authorities shall have 3 working days from the date on which the early/late start request is entered on to the SRWR in which to raise an objection (using the drop down menu in the comments table) if they think that the proposed early or late start consent could have an adverse impact on any planned works that they have previously lodged on the SRWR. Where an objection is raised, then work should not commence until such time as the objection has been removed.

E10. Valid objections to early/late start consent requests include:

• the proposed early/late start consent would overlap with pre-existing planned works on the road;
• the proposed early/late start consent would overlap with pre-existing planned works on a parallel road or known diversion route with the potential to cause traffic disruption;
• the end date of the proposed early/late start consent is so close to the start date of pre-existing planned works on the road that any delay would require these works to be re-scheduled;
• where consultation with a relevant authority is required because the proposed works impact on a bridge, level crossing or designation of Special Engineering Difficulty and that consultation has not taken place; or
• where a road works authority proposes both an early start and a restriction under Section 117 of NRSWA, an undertaker with works which it could have brought forward with 3 months notice may object to the proposed restriction.

E11. Any objection to an early/late start consent based solely upon commercial interests shall be deemed invalid.

E12. Where a responder raises an objection to a proposed early/late start consent, the works promoter, if intending to proceed with the request, must enter into a dialogue with the objector to remove the objection (using the drop down menu in the comments table).

Restriction Following Substantial Works (Section 117)

E13. Where a road works authority proposes to carry out substantial works to a road, Section 117 of NRSWA enables the placing of a restriction on future undertaker works on the basis of providing 3 months advance notification. The 3 month notice period is to allow a 'window of opportunity' for undertakers to bring forward any planned works to be completed in advance of those substantial works. In relation to early start consents this has the following consequences:

a) An undertaker proposing to bring forward major works, to complete them prior to the substantial works, would be unable to provide the full 3 months advance notice period and would therefore be required to apply for an early start consent. It would therefore be reasonable to expect an early/late start request for such work to be granted.

b) Where a road works authority proposing to utilise an early start consent for substantial works is unable to provide the required 3 months notice period, a Section 117 restriction to the road would not be competent under NRSWA, as the window of opportunity for an undertaker to complete works prior to a restriction being place could not be provided. Should the road works authority still wish to place a restriction, it would require to make this clear within the text of the early start request allowing undertakers the opportunity to object.

Works Extensions

E14. A works promoter proposing to request a works extension (i.e. to change the expected completion date to a later date than currently shown), shall interrogate the SRWR to ensure that the extended works period being considered shall not have an adverse impact on any other works already lodged on the SRWR.

E15. For works requiring 7 days or more notice, a request for a works extension should be submitted at least 3 working days before the expected completion date currently shown on the SRWR. For works with shorter notice periods the request should be made as soon as the need for an extension is identified.

E16. Where a work extension request is to be made, the works promoter should, at the earliest possible opportunity, make contact (by telephone, fax or email) with an authorised person within the road works authority and make the request.

E17. Following the initial request as described at paragraph E16 above, the road works authority may consent or object to the request. Where consent is given, then the works promoter shall enter a revised expected completion date on to the SRWR and shall also enter, as a comment, the name of the person who gave the consent and the date when given. The road works authority may also issue a unique reference when giving consent and this should also be entered by the works promoter.

E18. Should the works promoter be unable, within 24 hours, to make contact or obtain a response from the road works authority, by following the process at paragraph E16 above, it may enter the new estimated completion date into the SRWR without initial consent. The promoter shall also insert within the notice text field any information to support the request.

E19. Where paragraph E18 above is used, the road works authority shall review the request and respond. Where the works extension is agreed, the road works authority shall provide the name of the person who gave the consent and the date when given. The road works authority may also insert a unique reference. This shall be done by means of a comment on the SRWR, and may be further confirmed by fax or e-mail. Should a road works authority fail to respond within 2 working days to a works extension request entered on to the SRWR, then a works promoter may consider the request to be accepted.

E20. Where there is an objection to the works extension request, the road works authority shall issue a comment to that effect and may also consider exercising powers under Section 125 of NRSWA (avoidance of unnecessary delay).

Further Issues for Consideration

E21. Where Temporary Traffic Regulation Orders are required, the periods needed for the promotion of such orders are such that there is unlikely to be much scope for early start requests. See Chapter 11 of this Code of Practice.

E22. Those undertakers requiring an early start consent for works that involve the use of portable traffic signals for traffic management purposes are still required to provide a period of 7 days notice (RAUC(S) Advice Note 8). It is recommended that the early start and portable traffic signals requests are made concurrently.