Strategic Consultation on Works on Scottish Roads - April 2013
2. TIME TAKEN TO COMPLETE WORKS
Introduction
2.1 One aspect of road works over which the public are especially critical is when the works appear to take too long to complete. The NRSWA allows utility companies free access to roads to place and thereafter repair and maintain their pipes and cables. This section considers financial mechanisms which could be adopted with a view to encouraging utility companies not to take any longer than is absolutely necessary to carry out their works.
2.2 Under section 125 of the NRSWA, there is a requirement that utility companies "…executing road works … shall carry on and complete the works with all such dispatch as is reasonably practicable." A utility company which fails to do so commits an offence and is liable, on summary conviction, to a fine of up to £5,000.The Commissioner is not aware of any Scottish roads authorities pursuing a prosecution for such an offence for many years.
2.3 Where a utility company takes longer than is deemed necessary to complete road works, the roads authority can issue them with a formal notice under section 125 requiring that the works are completed within a specified timescale. Over the last 12 month period there have only been 111 such notices issued in Scotland. Given that there were over 67,000 utility company excavations in this period, it might be inferred that this is a limited problem. Discussions with roads authorities suggests that in a bid to retain good relationships with the utility companies involved, they will explore all other avenues and will only use this provision as a last resort.
2.4 Although roads authorities are reluctant to issue section 125 notices, the Commissioner considers that works are often not undertaken with all such dispatch as is reasonably practicable and that this is an issue which needs to be addressed.
The following are a range of possible initiatives for consideration which aim to ensure that works are completed within reasonable periods:
Charge for Occupation Where Work is Unreasonably Prolonged
2.5 Section 133 of the NRSWA includes provisions for regulations to be made requiring a utility company executing road works to pay a charge to the roads authority where:
(a) the duration of the works exceeds such period as may be prescribed; and
(b) the works are not completed within a reasonable period.
2.6. The equivalent section of the NRSWA covering England has been enacted by regulations. The charges depend on the type of road, whether it is traffic sensitive and the nature of the works. The current rates range from £250 per day up to £5,000 per day for the first 3 days rising to £10,000 for each subsequent day. In the English model, any surpluses from such schemes are used to develop or implement policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within their area.
2.7 As well as the section 125 notices discussed previously, the numbers of over-running utility company works are also recorded. Over the last 12 months this happened on 1,198 occasions and represents around 2.0% of all works undertaken. It is possible that in many of these cases the roads authority would have been content for the works period to be extended. If it is assumed that half of these instances (600 No) might have attracted a charge at say an average of £500 per instance, the total charged would have been £300,000. However, it is important to keep in mind the costs of administering such a scheme.
2.8 In developing such a scheme care would have to be taken to ensure that no unintended consequences ensued. The Commissioner has repeatedly stressed the message that the estimated work durations recorded in the SRWR should be as accurate as possible. What we don't wish to create is a culture where works periods are over-estimated with a view to avoiding possible charges. This would just lead to tensions between roads authorities and utility companies and the creation of "dead time" within the SRWR when other works could not be planned because of overly conservative proposed durations.
2.9 The Commissioner considers that if it is possible to develop a process which has a light touch administratively, it could lead to a reduction in the time taken to complete works.
Views Sought
06 Scottish Ministers would welcome views on the introduction of a charge for occupation where work is unreasonably prolonged.
Permit Schemes
2.10 Local authorities in England are being urged by the Department for Transport (DfT) to consider the use of permit schemes as they are of the view that such schemes can reduce the disruption caused by road works and give roads authorities more power to co-ordinate road works. A permit scheme gives the roads authority more control over utility companies by being able to impose conditions relating to the duration of the works and the days and times when works can be undertaken. Conditions can also relate to the areas which can be occupied, the details of the traffic management, the manner in which the works are carried out, the consultation and publicity required and notification on progress. Anyone who breaks the terms of their permit, or works without a permit, can be prosecuted and face a fine of up to £5,000.
2.11 Permits were considered during the progress of the Bill introducing the Transport (Scotland) Act 2005, but were not introduced.
2.12 Following the English model, roads authorities would be able to charge a fee for the issue of a permit and could issue fixed penalty notices for working without a permit or for breaking the conditions of a permit in lieu of a potential fine. It would be for each roads authority to decide whether or not to adopt such a scheme. However, as with overstay charges, there would be costs involved in administering such a scheme. The fees charged would be set to cover the additional costs of running such a scheme.
2.13 Roads authorities in Scotland already have powers under section 115 of the 1991 Act to place restrictions as to the timing of utility works and under section 125 to direct utility companies to complete works which take longer than necessary.
2.14 The Commissioner has not received any requests from either roads authorities or utility companies for the introduction of such schemes.
2.15 Such schemes have now been put into place by a number of councils in England and although some claim that they have provided benefits, the evidence currently available is limited. At this time the Commissioner does not recommend the introduction of permit schemes.
Views Sought
07 Scottish Ministers would welcome views on the introduction of permit schemes.
Lane Rental Schemes
2.16 Following a consultation exercise in 2011, DfT announced in January 2012 its intention to allow trials of lane rental schemes in up to three locations. A London trial commenced in June 2012.
2.17 A lane rental scheme would require utility companies to pay a daily charge for the duration of their works, with exemptions where works are carried out at less disruptive times. Such schemes would be:
- targeted - i.e. focused only on those critical parts of the road network where road works cause the greatest disruption; and
- avoidable - i.e. designed in a way that enables utility companies to reduce or avoid their exposure to charges by carrying out their works at night or off-peak (rather than merely operating as an unavoidable tax on them).
2.18 Charges would only apply to roads on the most critical part of the roads authority network. These roads would require to be currently designated as 'traffic sensitive' with charges only being applied if the works occupied the road during the busiest times. The maximum daily charge being used in London is £2,500.
2.19 In the London scheme, any additional revenue raised, once operating costs have been recovered, will be put towards further measures to reduce roadwork delays. These include improved 'plating' technology, which would allow excavations to be temporarily covered so roads could return to use more quickly.
2.20 Such schemes would only be likely to provide benefits on the most heavily trafficked parts of major Scottish cities.
Views Sought
08 Scottish Ministers would welcome views on the introduction of lane rental schemes.