Strategic Consultation on Works on Scottish Roads - April 2013

INTRODUCTION

Purpose of Consultation

The last major consultation into road works was held in 2003 when the focus was mainly on the regulation of utility company works. There have been significant changes since then including:

  • The appointment in 2007 of a Scottish Road Works Commissioner (the Commissioner) to monitor works in roads and to promote good practice;
  • Further development of the Scottish Road Works Register (SRWR) internet database to become one of the best works co-ordination systems in the world; and
  • The development of a range of Indicators which provide information regarding the performance of both roads authorities and utility companies in relation to the management of works in roads.

The Commissioner has been monitoring activity for the last 4 years and has been working with the Scottish Road Works Policy Development Group to identify areas where further improvement could be made to the planning, co-ordination and quality of works in roads in Scotland. This consultation not only identifies issues but also presents proposals which could support the further improvement sought.

In addition the consultation sets out specific issues which the Minister for Transport and Veterans tasked the Commissioner to consider as part of the Scottish Roads Maintenance Review, details of which can be found at http://www.transportscotland.gov.uk/strategy-and-research/publications-and-consultations/j234327-00.

The aims of the consultation proposals are to:

  • Improve the safety of those who use or work on roads;
  • Minimise the disruption and inconvenience caused by works; and
  • Protect the structure of roads and the integrity of the pipes and cables under them.

Context

Road works are a necessary fact of life if we wish to have a safe and well maintained road network and to continue to enjoy essential utility services such as gas, water, drainage, electricity and telecommunications.

The vast majority of road works are either:

  • utility company works to place, repair, renew or improve utility service pipes and cables; or
  • roads authority works to repair, renew or improve roads.

The legislation under which works in roads are undertaken in Scotland is the New Roads and Street Works Act 1991 (NRSWA). This was revised and updated by the Transport (Scotland) Act 2005 and then supported by a series of regulations. Under NRSWA, roads authorities are deemed to be "road works authorities" and as such have an obligation to co-ordinate their own works and the works of utility companies on the roads for which they are responsible.

Utility companies have statutory rights which allow them to place, repair, renew or improve their pipes or cables in roads, subject to meeting certain duties. Under the NRSWA such utility companies are known as "undertakers". The roads authorities and utility companies currently operating in Scotland are listed at Annex B.

At 55,515 km, the Scottish road network is a significant asset. Within it there are over 300,000km of electricity cables, gas pipes, water pipes, sewers and drains. In addition there is estimated to be well over 100,000 km of telecommunications cables.

With such a significant asset, it is inevitable that works in roads will be required to ensure that the structure of our roads and pipes and cables under them are well maintained and that they remain available now and for future generations. In the last full year there were more than 110,000 works identified on the Scottish Road Works Register (SRWR) of which 95,000 were excavations or surfacing. This does not include short duration localised works such as filling in potholes. If there are any issues not covered by the consultation where you consider that improvements could be made, we would be pleased to hear from you. We would also wish to know of any situations where current procedures or legislation might be stifling innovation.