Strategic Consultation on Works on Scottish Roads - April 2013

Apparatus

Includes any structure for the lodging therein of apparatus or for gaining access to apparatus (section 164).

Commissioner

The Scottish Road Works Commissioner.

Emergency Works

As defined in the following table.

Major Works

As defined in the following table.

Minor Works

As defined in the following table.

Notice

A set of specified information which should be entered in the SRWR by a specified point in time.

NRSWA

The New Roads and Street Works Act 1991.

Permanent Reinstatement

The placement and proper compaction of reinstatement layers up to and including the finished surface level.

RAUC(S)

Road Authorities and Utilities Committee (Scotland).

Road

Any way (other than a waterway) over which there is a public right of passage (by whatever means) and includes the road's verge, and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes; and any reference to a road includes a part thereof.

Roads Authority

In relation to a road or proposed road, the regional or islands council within whose area the road is (such council being in this Act referred to as a "local roads authority"); and

In relation to a trunk road (whether existing or in course of construction) or, without prejudice to a special road provided (or to be provided) or to any other road constructed (or to be constructed) by the Scottish Ministers.

Road Manager

In relation to a road which is not a public road, the authority, body or person liable to the public to maintain or repair the road, or if there is none, any authority, body or person having the management or control of the road (section 108).

Road Works Authority

If the road is a public road, it is the roads authority and if it is not a public road, the road manager.

Road Works

Works for any purposes other than roads purposes, being works of any of the following kinds executed in a road pursuance of a statutory right or with permission granted under section 109 (NRSWA):

• placing apparatus or
• inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it or works required for or incidental to any such works (including in particular, breaking up or opening the road, or any sewer, drain or tunnel under it, or tunnelling or boring under the road).

Road Works

Permission

Permission granted by a roads authority to a person to carry out road works.

Scottish Road Works Register (SRWR)

The register of all road works and related events in Scotland.

Standard Works

As defined in the following table.

Traffic Sensitive

Situation

A traffic sensitive road or that part of it which is designated traffic sensitive and in the case of a limited designation the dates or times to which the designation applies (based upon section 123 of the NRSWA).

Undertaker

The person in whom the relevant statutory right is exercisable or a person having permission under section 109 of the NRSWA (see section 107(4) of the NRSWA).

Urgent Works

As defined in the following table.

Utility Company

An undertaker by whom a statutory right to execute road works is exercised.

Works For Road Purposes

(a) works for the maintenance of a road,

(b) works for any purpose falling within the definition of "improvement" in section 151 of the Roads (Scotland) Act 1984,

(c) the erection, maintenance, alteration or removal of traffic signs, or

(d) the construction of a crossing for vehicles across a footway or the strengthening or adaptation of a footway for use as a crossing for vehicles.

Works In Roads

This encompasses both 'road works' and 'works for roads purposes'.

Emergency works means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Where works comprise items some of which fall within the preceding definition, the expression "emergency works" shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.

These are works which fall short of emergency works as defined in the NRSWA, but are of sufficient urgency to warrant immediate action either to prevent further deterioration of an existing situation or to avoid an undertaker breaching a statutory obligation.

"urgent works" means:

(a) road works (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required):

• to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker;
• to avoid substantial loss to the undertaker in relation to an existing service; or
• to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the normal notice period.

and include works that cannot reasonably be severed from such works: and

(b) works for road purposes (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required) to prevent or put an end to an unplanned obstruction of any part of the road and includes works that cannot reasonably be severed from such works

To qualify as minor works the works must:

(a) not be emergency or urgent works, and

(b) not be of a planned duration of more than 3 days, and

(c) not form part of a rolling programme, and

(d) not involve at any one time more than 30 metres of works or 20 square metres of reinstatement, or leave less than the minimum width of carriageway necessary for one-way traffic in accordance with the Code of Practice for Safety at Street Works and Road Works.

Where a works promoter proposes to execute minor works (as defined above) in a road which is not traffic sensitive, no notice is required in the case of:

(a) minor works not involving breaking up the road. This could include works at manholes and chambers, operating valves or works of a similar nature: or

(b) the replacement of poles, lamps, columns and signs, pole testing and similar works involving minimal breaking up of the road.

Mobile and Short Duration Works are continuous mobile operations, as well as those which involve movement with periodic stops and short duration static works. It also includes minor works (as defined above) which do not include excavation and pothole repairs of less than one square metre, involving the use of a single vehicle or a small number of vehicles.

Mobile and short duration working shall cover all works at any specific location where the work involved takes no longer than 30 minutes in total, including setting up and clearing away all signing, lighting, guarding and spoil.

Remedial works are works in a road required to repair a defect which has developed on a road reinstatement.

These are road works which are not emergency works, urgent works, minor works or major works.

Major Works means road works by a works promoter (other than minor works):

• which have been identified specifically in the Works Promoter's annual operating programme or which, if not specifically identified in that programme, are normally planned at least six months in advance of work commencing;
• where an order is required under section 14 of the Road Traffic Regulation Act 1984 for any works other than emergency works;
• other than emergency works and urgent works, in a multi lane road (more than one lane in each direction) that is traffic sensitive where one or more lanes are closed to enable the works to take place; or
• other than emergency works, which have a duration in excess of 10 days and for which traffic control is required for three or more of those days, in accordance with the Code of Practice "Safety at Street Works and Road Works".

Substantial works means works for road purposes which comprise a reconstruction, widening, alteration in the level, resurfacing or specialist non skid surface dressing of the part of the road concerned and-

(a) if executed in a footpath, footway, bridleway or cycle track, extend for more than 30 metres of continuous length and result in the width of the footpath, footway, bridleway or cycle track available for pedestrians, cyclists, or others having right to use the way as the case may be, being reduced by more than two thirds; or

(b )if carried out in the carriageway, extend for more than 30 metres of continuous length and result in the use by vehicles of the carriageway being prohibited or the width of the carriageway available for vehicular traffic being reduced by more than one third.