Strategic Consultation on Works on Scottish Roads - April 2013
1. THE ROAD NETWORK AS AN ASSET
Introduction
1.1 Scotland's roads are vital for economic prosperity and for the quality of life of its people. The value of the Scottish road network is estimated at more than £38 billion[1] and it is vital that it is maintained in an appropriate condition. In this section we set out and explore a number of issues and bring forward proposals whose aim would be to protect the road network as an asset going forward.
CONTRIBUTIONS TO COSTS OF MAKING GOOD LONG TERM DAMAGE
1.2 When the Minister for Transport and Veterans announced the Scottish Roads Maintenance Review in March 2011, he asked the Commissioner to consider the possible long term damage to roads which utility company works might cause and the use of existing legislation to ensure that utility companies contribute to the costs of making good such long term damage.
1.3 Long term damage in this context is the reduction in the service life of a road due to utility company reinstatements, even when such reinstatements fully comply with the specification[2]. The analogy often used is cutting a slice from a cake; no matter how carefully you put the slice back, the cake is never the same.
1.4 In May 2011, consulting engineers URS-Scott Wilson were commissioned to undertake a literature review to consider the topic of long term damage to roads due to reinstatement trenches. The main objective of the review was to determine if reinstatement trenches reduce the service life of roads and if so by how much. The report was completed in October 2011 and a copy can be found on the Commissioner's website www.roadworksscotland.gov.uk.
1.5 Section 137 of the NRSWA includes provision for regulations to be made requiring a utility company executing road works to contribute to the costs incurred or likely to be incurred, by a roads authority in works of reconstruction or re-surfacing of the road.
The regulations may provide -
(a) for a contribution to the cost of particular remedial works; or
(b) for a general contribution calculated in such manner as may be prescribed.
1.6 As the URS-Scott Wilson report considers that there is potential for compliant reinstatements to reduce the service life of a road, it is proposed that section 137 of the NRSWA be enacted to require contributions from utility companies to the costs of making good long term damage to roads.
1.7 It is suggested that such a general contribution scheme might operate as follows:
- Utility companies would pay a contribution on all road openings based on the area of the opening.
- The contribution rates would need to be agreed and could be based on the class of road.
- SRWR would be configured to identify the monies due from each utility company to each roads authority.
- These monies would be accounted for separately by the roads authority and could only be used for road resurfacing works and within specific criteria.
- Criteria would be developed regarding the types of road on which the monies collected could be used for resurfacing and the proportion of the monies which could be used on any one scheme.
- Roads authorities would have to report publicly how and where the monies collected were used.
1.8 In developing a contribution scheme there will need to be transparency as to the level of contribution which utility companies will be expected to make. The most recent TRL report suggests a 17% reduction in the service life of roads affected by utility company trenches. This means that roads subject to utility company trenches will require to be resurfaced earlier than if there had been no such excavations, resulting in additional work and costs year on year.
1.9 In 2009/10, SCOTS estimated that councils would spend £122.5 million on maintaining the carriageways of local roads[3]. Using say £120 million pounds per annum for illustrative purposes and starting at an upper limit of 17% based on the foregoing figure for service life reduction, the following percentage contribution towards road resurfacing costs would be as follows:
| Contribution | Annual Contribution Amount |
|---|---|
| 17% | £20.4 million / annum |
| 10% | £12 million / annum |
| 5% | £6 million / annum |
| 2.5% | £3 million / annum |
1.10 From the information submitted in notices placed on to the SRWR, the area of carriageway reinstated each year by utility companies is estimated to be in the region of 270,000 square metres. To provide some context, this area would be equivalent to almost 40 kilometres of 7 metre wide road surface. To recover the contribution values set out in paragraph 1.9 above, the contribution per square metre of carriageway excavated would require to be:
| Contribution | Square metre cost |
|---|---|
| 17% | £76 / square metre |
| 10% | £45 / square metre |
| 5% | £22 / square metre |
| 2.5% | £11 / square metre |
based on 270,000 square metres per annum of reinstatement.
1.11 The URS - Scott Wilson report suggested that further research be undertaken to determine the reduction in service life in a Scottish context. TRL has been appointed to undertake this additional research work. It is considered however, that enough evidence already exists to conclude that utility company excavations do reduce the service life of roads and that a scheme can be developed and introduced. It is proposed that this be done initially with a relatively modest contribution rate set somewhere between 5 and 10%. This would also take into account the exclusion of those parts of the road network which do not have any significant utility company activity. The contribution per square metre would then be reviewed in future years as the results of specific Scottish research became available.
1.12 This analysis has only considered the impact on carriageways. Such a scheme could be widened to encompass footways where around 180,000 square metres of reinstatement is undertaken each year. In such a situation a lower contribution rate would be used.
Views Sought
01 What contribution do you consider should be introduced? What are your reasons for coming to this view?
Road Restrictions
1.13 The current legislation allows for a one year period after a road has been resurfaced before it can be excavated again by a utility company. The Scottish road works community has recognised that this period is too short and has voluntarily adopted a 3 year period. It is proposed that the 3 year period be adopted into legislation.
Views Sought
02 Do you think the period of restriction following resurfacing should be changed? Please can you explain your answer?
Road Works Inspections
1.14 The number of inspections which a roads authority may carry out on utility company road works for which it can charge a fee to recover its costs is set out in regulations. Such chargeable inspections may be undertaken:
- during the works;
- within 6 months of reinstatement; and
- within 3 months of the end of the guarantee period.
1.15 The number of inspections where a fee can be charged is based on the length of time the works take to complete. The way in which the regulations are framed means that just over 10% of any of the above three phases will be inspected. In effect this means that almost 70% of all utility company works will not be inspected by a roads authority, either during or after the works.
1.16 Of the inspections carried out within 6 months of reinstatement, the national failure rate is 8.9%. However there is a wide variation depending upon the roads authority area, ranging from 1% to 40% failure rates. There is also a wide variation across the major utility companies ranging from 3.1% to 35.7% failure rates nationally.
1.17 For inspections carried out within 3 months of the end of the guarantee period the national failure rate is 6.6%. Again there are significant variations depending on the roads authority ranging from 0% to 34% failure rates. There is also a wide variation across the major utility companies ranging from 1.9% to 29.2% failure rates nationally.
1.18 It has been proposed by some roads authorities that the percentage of inspections where the roads authority can recover its costs should be increased to provide a better coverage of inspections with a view to improving compliance with codes and specifications.
1.19 An alternative is that within any roads authority area, where the results from inspections show a poor performance from a specific utility company, the percentage of chargeable inspections be increased for that company alone until such time as the performance improves to within an acceptable level.
Views Sought
03 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?
04 Should the arrangements for inspection fees be changed, and could this include a performance element?
Guarantee Periods
1.20 The current guarantee periods after utility company works are completed is currently 2 years and 3 years for deeper excavations. Given that road reinstatements are expected to have a service life of 20 years or more, it is proposed that the guarantee periods could be increased from 2 years and 3 years up to 5 years and 6 years for deeper excavations. Evidence on this issue has been sought as part of the consultation for the Code of Practice - Specification for the Reinstatement of Openings in Roads.
Views Sought
05 Do you agree that such increased periods be introduced? What are your reasons for coming to this view?