Response 423597208

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Questions

1. Should utility companies be required to produce quality plans for proposed road works?

Please select one item
Yes
No
Please explain your answer to this question:
It is unlikely that roads authorities produce quality plans for works they are undertaking, therefore it may be consider unreasonable to insist in quality plans for all utility works.
The information that would be contained within a quality plan is likely to be available in the form of specifications, standards etc. and as such there is potentially an issue of how they are applied to works. The provision of quality plans will add a layer of bureaucracy which focus should be on the quality of workmanship rather than formal procedures.

2. Should there be a single guarantee period offered on utility reinstatements of 6 years regardless of the depth of excavation?

Please select one item
Yes
No
Please explain your answer to this question:
Long term damage to our Roads asset caused by Utility reinstatements has always been an issue to Roads Authorities. The current 2 or 3 year guarantee periods, after which responsibility for the reinstatements reverts to the Roads Authorities, are too short. There are still too many utility contractors who are not reinstating to the Specification for the Reinstatement of Openings in Roads (SROR). If reinstatements are done to the specification they should last at least 6 years and the Undertakers should have no problem accepting responsibility for their work.

3. If introduced, should the impact of quality plans be reviewed after a suitable period (perhaps 6 years), and the necessity of the latent defect process be assessed?

Please select one item
Yes
No
Please explain your answer to this question:
If implemented the impact of quality plans should be reviewed however it may be difficult to differentiate between the impact that quality plans and say an extended guarantee period have had on the quality of works.

4. Should we clarify that the scope for a code of practice on reinstatement (currently the Specification for the Reinstatement of Openings in Roads) includes all activity relating to the execution of road works e.g. signing lighting guarding, excavation, reinstatement, and guarantee period?

Please select one item
Yes
No
Please explain your answer to this question:
Section 130 of NRSWA specifies very generally workmanship and standard of reinstatement. The current SROR provides a more detailed specification for workmanship and standards and has been expanded incrementally to include most aspects of excavation and reinstatement. It would be beneficial if the scope of the SROR was clarified to include Section 130 NRSWA, Materials, workmanship and standards of reinstatement. However not necessarily Section 124, Safety measures which is covered within the Safety at Street Works and Road Works A Code of Practice.

5(a). Should start actual starts, works completed, works cleared, and works closed notices be notified within 2 hours, or within 2 hours of the start of the next business day if outwith office hours?

Please select one item
Yes
No
Please explain your answer to this question:
The current timescales were agreed in the 1990's and technology has improved greatly since then. 2 hours is not unreasonable and would allow the Road Works Scotland public website to become a useful source of information for residents and the travelling public.

5(b). Should the validity period for notices placed onto the Scottish Road Works Register in relation to planned works be reduced, the proposal being that they be set at 4 days or 2 days depending on the traffic sensitivity of the road?

Please select one item
Yes
No
Please explain your answer to this question:
The current validity periods are too long and hinder co-ordination. At present a job can start up to 7 days after the proposed start date. It may be worth considering the removal of the validity period and address any changes to the start date using the early or late start process.

6. Should the provision of plant information to the Scottish Road Works Register should be made mandatory?

Please select one item
Yes
No
Please explain your answer to this question:
The VAULT mapping layer in the SRWR will only be really worthwhile if all parties have to submit their records. Commercial sensitivity is a smokescreen being used by telecoms companies. Generally utilities have a better degree of information and to ensure fair application roads authorities should also be encouraged to plot plant information such as street lighting. This may be a large exercise for many roads authorities given the relatively poor level of information at present.

7(a). Should the obligation on the Scottish Road Works Commissioner to make the Scottish Road Works Register available for inspection be repealed?

Please select one item
Yes
No
Please explain your answer to this question:
Much of the information contained can now be found through the public portal and it may be the level of detail shown publicly could be expanded.

7(b). Should the duty to make the Scottish Road Works Register available for inspection be replaced with a duty on the Scottish Road Works Commissioner to actively publish information relating to the location of planned and actual road works?

Please select one item
Yes
No
Please explain your answer to this question:
A summarised version showing the pertinent information should be published. This would allow transparency and public access to current and historic information without compromising data protection.

8. Should “the Safety at Street Works and Road Works A Code of Practice” apply equally to roads authority and utility road work sites?

Please select one item
Yes
No
Please explain your answer to this question:
In practice many local authorities are likely to be using the COP however the information contained within this is limited and as such Chapter 8 would be the most appropriate guidance to be used for safety at street works for roads authorities.

9. Should utility and roads authority workers be required to be qualified in the “Signing Lighting and Guarding” of a site, and also in the “Location and Avoidance of Underground Apparatus”?

Please select one item
Yes
No
Please explain your answer to this question:
Although having each operative qualified in Signing Lighting and Guarding and Location and Avoidance of Underground Apparatus would improve awareness and safety on site it may be an onerous requirement for all operatives to have this qualification. It may be that there should be a minimum number of staff trained to this level on a sliding scale depending on the number of operatives on site.

10. Should the minimum legal requirement for at least ‘one’ operative to be qualified be increased to ensure that more operatives at each road work site hold formal qualifications for the particular work they are undertaking?

Please select one item
Yes
No
Please explain your answer to this question:
In principle, the number should be increased as this is likely to drive improvements at road works.

11. Do you agree with our policy proposals to revise and improve the enforcement of road works in Scotland by the Scottish Road Works Commissioner?

Please select one item
Yes
No
Please explain your answer to this question:
However, we are unsure what powers the SRWC could have under the R(S)A.

12. Do you agree with our policy proposals to reform the use of Fixed Penalty Notices for the enforcement of road works in Scotland?

Please select one item
Yes
No
Please explain your answer to this question:
The current system only covers some instances of non-compliance and the current charges are too low. They do not act as sufficient deterrent and have not done anything to improve quality.

13. Do you agree with our policy proposals to enhance the role of the Scottish Road Works Commissioner?

Please select one item
Yes
No
Please explain your answer to this question:
The legal standing of the SRWC needs to be resolved. The role and powers of any Inspectors for the SRWC need to be clarified.

14. Should there be flexibility to prescribe the restricted period following substantial works through secondary legislation?

Please select one item
Yes
No
Please explain your answer to this question:
The current legislation is vague and inadequate. There is a need to prescribe restriction periods through secondary legislation. This increased flexibility would improve co-ordination between Roads Authorities and Undertakers for major schemes.

15. Should we clarify that a roads authority is included within those to be notified under Section 114 of the New Roads and Street Works Act 1991?

Please select one item
Yes
No
Please explain your answer to this question:
This would close a loophole in the legislation by ensuring that the legislation reflects the actual good practice and co-ordination requirements.

16. Should roads authorities be one of the parties that must be notified under statute to help formalise the use of early and late start consents?

Please select one item
Yes
No
Please explain your answer to this question:
This would close a loophole in the legislation (as Question15).

17. Should Section 132 of NRSWA be repealed?”

Please select one item
Yes
No
Please explain your answer to this question:
It is likely to be very difficult to determine the impact of one work on another and establishing which authority/ utility should take on responsibility for the works. Given these difficulties section 132 should be repealed.

18. Should noticing requirements for roads authorities and utility companies be exactly the same in order to facilitate coordination and cooperation?

Please select one item
Yes
No
Please explain your answer to this question:
As far as is practicable. We question that Undertakers have to make "significantly more compulsory entries". Roads Authorities do not do many reinstatements where there is a requirement to register each reinstatement site, but for our works, the requirements are currently more or less the same.

19. Should Section 61 of the Roads (Scotland) Act 1984 be revoked with savings provisions for existing agreements?

Please select one item
Yes
No
Please explain your answer to this question:
Section 109 of NRSWA supersedes it and is more suited to current road works practice. It also specifies that any installing private apparatus within a road must provide drawings of their apparatus, whereas Section 61 Roads (Scotland) Act 1984 has no such requirement.

Impacts

22. Do you think the proposals contained in this consultation are likely to increase or reduce the costs and burdens placed on any sector?

Please be as specific as possible.
The proposals contained will increase costs as a result of recording more information, undertaking more training, increasing supervision etc. However there could be cost savings to authorities as a result of longer guarantee periods. Utility companies may also realise savings from increased quality which could see a reduction in remedial works.

24. Are there any likely impacts the proposals contained in this consultation may have upon the environment?

Please be as specific as possible.
Can only be a positive impact on the environment improving quality will reduce the amount of materials being used for remedial works, reducing CO2 emissions as a consequence of less visits to site. The pavement will potentially last longer and maintenance treatment may not be required as often again having similar impacts above. Less road works therefore less delays on the network which again could have a positive impact on vehicle emissions.

About You

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