Strategic Consultation on Works on Scottish Roads Analysis of Consultation Responses

Appendix 2: THE CONSULTATION QUESTIONNAIRE

Question 1: What contribution do you consider should be introduced? What are your reasons for coming to this view?

Question 2: Do you think the period of restriction following resurfacing should be changed? Please can you explain your answer?

Question 3: What is an appropriate level of inspection for utility company road works where a fee can be charged by the roads authority? Please can you explain your answer?

Question 4: Should the arrangements for inspection fees be changed, and could this include a performance element?

Question 5: Do you agree that such increased periods be introduced? What are your reasons for coming to this view?

Question 6: Scottish Ministers would welcome views on the introduction of a charge for occupation where work is unreasonably prolonged.

Question 7: Scottish Ministers would welcome views on the introduction of permit schemes.

Question 8: Scottish Ministers would welcome views on the introduction of lane rental schemes.

Question 9: Should there be an extension of existing summary offences dischargeable by fixed penalty notice? (Please can you explain your answer?)

Question 10: Should we create the proposed new summary offences with a view to introducing fixed penalty notices? Please state the reasons for your view.

Question 11: Do you agree that the current fixed penalty notice amounts should be increased in line with inflation e.g. consumer price index?

Question 12: What maximum level of penalty do you consider is required to ensure that it can influence the behaviour of utility companies and roads authorities which do not comply with their duties? Should this be increased in line with inflation e.g. consumer price index?

Question 13: Do you agree that the definitions of co-operate and co-ordinate in Sections 118 and 119 be revised as proposed? Please provide the reasons for your view.

Question 14: Do you agree that the Code of Practice for Safety at Street Works and Road Works should become mandatory for roads authorities? Please provide the reasons for your view.

Question 15: Do you agree that it should be made mandatory for all utility companies and roads authorities to hold digital records of their apparatus in roads and to provide such digital records for use on the SRWR? Please provide the reasons for your view.

Question 16: Do you agree that Section 61 of the Roads (Scotland) Act 1984 be repealed and Section 109(2) of NRSWA revised to provide more clarity as to where responsibility for record keeping of apparatus should lie? Please provide the reasons for your view.

Question 17: Do you agree that the designation of "major road managers" be created? Please provide the reasons for your view.

Question 18: What are your views on the 3 month advance notice period for major works?

Question 19: Do you consider that the requirement to provide advance notice for works on non traffic sensitive roads should be removed? If you do, what benefits do you consider this would bring?

Question 20: Should the early start procedure be a statutory requirement?

Question 21: What are your views on making noon the following day a statutory requirement for commencing urgent works?

Question 22: Should legislation be introduced to ensure that roads authorities are required to provide the same information as utility companies and to the same timescales?

Question 23: Should regulations be introduced to allow roads authorities the flexibility around placing notices for works involving no or minimal excavation on non-traffic sensitive roads?

Question 24: Should regulations be introduced to require roads authorities and utility companies to enter actual start notices on to the Scottish Road Works Register?

Question 25: Is the current requirement for actual start notices to be lodged by noon the following day for all works in roads, including traffic sensitive routes, acceptable? Please can you explain your answer.

Question 26: Is the current requirement for works closed notices to be lodged by the end of the next working day a reasonable period? What alternative period would you propose for traffic sensitive roads and what are the advantages or disadvantages?

Question 27: Should we reduce the validity period to a maximum of 2 days and should it apply to both utility companies and roads authorities alike? If you consider that a different validity period would be appropriate, please state the period and provide the reasons for your view.

Question 28: Should roads authorities be provided with statutory powers to impose maximum durations for works on utility companies?

Question 29: Should roads authorities be given statutory powers to impose embargoes on works for reasons other than traffic disruption?

Question 30: Do you agree with the definition of a working day given above?

Question 31: Please identify any further issues which should be addressed that you think could contribute towards improving the way in which works in roads are managed and undertaken.

Question 32: Please identify any potential innovations which you think could contribute towards improving the way in which works in roads are managed and undertaken.

Question 33: Please outline the potential impact of any additional costs.