Questions
1. Should utility companies be required to produce quality plans for proposed road works?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
Utility works have a major impact on the road network. Therefore, utility companies should be required to produce plans of proposed works as detailed in the consultation paper. These plans should outline the exact details of the proposed works, and contain information on consideration of minimising the impact on vulnerable road users, such as people cycling, and also pedestrians on surrounding footpaths and pavements, which can also be impacted by road works.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
We note that the location and shape of an excavation/defect are important, not just the depth, and should also be considered. Special consideration needs to be given to excavations and defects that are located towards the side of the road where someone may be cycling in secondary position; are at or near junctions, where three quarters of crashes involving people cycling occur; and run parallel to rather than perpendicular to cycling path - therefore more likely to trap a cyclist’s wheel.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
The reinstatement of road surfaces is the responsibility of the party undertaking the works. Roads authorities have powers to inspect road works to ensure that utility companies meet their obligations. This should form the basis of a code of practice which must outline the responsibility of all parties in the road works.
Reinstatement is also an area where vulnerable road users require specific consideration. Of course, if works are undertaken to a cycle lane or other designated cycle infrastructure, these should be returned to at least the same state as before the works were undertaken (e.g., adequate lining and colour). Some finishing of road works may not have an impact on motor vehicle users, but have a huge impact on those travelling by bike. For example, resurfacing around access hatches that, when reinstated, result in the cover not being flush with the carriageway creates a dangerous hazard for those on a bicycle.
Finally, also important to ensuring that road works do not adversely impact cycling is to ensure the long-lasting nature of reinstatement works. The consultation document itself calls for an extension of the guarantee period, and this is supported by Cycling Scotland. Of utmost importance is ensuring that faults, even those that could be considered ‘minor’ to motor vehicles, are considered and assessed on the impact on those travelling on bicycle or foot.
Reinstatement is also an area where vulnerable road users require specific consideration. Of course, if works are undertaken to a cycle lane or other designated cycle infrastructure, these should be returned to at least the same state as before the works were undertaken (e.g., adequate lining and colour). Some finishing of road works may not have an impact on motor vehicle users, but have a huge impact on those travelling by bike. For example, resurfacing around access hatches that, when reinstated, result in the cover not being flush with the carriageway creates a dangerous hazard for those on a bicycle.
Finally, also important to ensuring that road works do not adversely impact cycling is to ensure the long-lasting nature of reinstatement works. The consultation document itself calls for an extension of the guarantee period, and this is supported by Cycling Scotland. Of utmost importance is ensuring that faults, even those that could be considered ‘minor’ to motor vehicles, are considered and assessed on the impact on those travelling on bicycle or foot.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
Within 2 hours.
Notification of works is important and should be actioned as a priority. This is particularly the case if a cycling network or Core Path is impacted by roadworks. Adequate notification is important for all road works if possible, but specific consideration of notification for key cycling and walking routes should take cognisance of how best to relay information to those cycling and walking. This may differ from current methods of notification. Given modern communications, it is reasonable to expect notifications to be communicated, regardless of office hours.
Notification of works is important and should be actioned as a priority. This is particularly the case if a cycling network or Core Path is impacted by roadworks. Adequate notification is important for all road works if possible, but specific consideration of notification for key cycling and walking routes should take cognisance of how best to relay information to those cycling and walking. This may differ from current methods of notification. Given modern communications, it is reasonable to expect notifications to be communicated, regardless of office hours.
6. Should the provision of plant information to the Scottish Road Works Register should be made mandatory?
Please explain your answer to this question:
We were unaware of the Roadworks Scotland website. We believe we could work with the SRWC and others to achieve the ambitions laid out above regarding managements of roadworks and inspection of quality.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
It is important that as much information as possible is made publicly available to enhance opportunities for public engagement in the system.
Currently, there is no data gathered formally to indicate levels of compliance with the guidance in Safety at Street Works & Road Works, a Code of Practice. There are indications in the complaints received by roads authorities that the guidance is not always followed and we would support a Considerate Contractor scheme which gives the opportunity to members of the travelling public to record how individual road works are being carried out. This can help to alert roads authorities to practices which risk any road user including people cycling. With less public resources for road authorities, it is vital for members of the public to be able to assist the monitoring arrangements for roadwork schemes. This also gives the additional opportunity for the inspection regime to be targeted where faults are being commonly reported.
In planning and delivering cycling events which often involve temporary road closures, delivered for example through rolling road closure or Temporary Traffic Regulation Orders, it would be helpful to plan these in line with road works. For the largest cycling events such as the major sportives or Pedal for Scotland, it would be helpful if they could be listed on the road works website and be considered by utilities and contractors where there is flexibility in scheduling of the works. This is an area of work where Scottish Cycling and Cycling Scotland, could be involved in the communication of dates.
Currently, there is no data gathered formally to indicate levels of compliance with the guidance in Safety at Street Works & Road Works, a Code of Practice. There are indications in the complaints received by roads authorities that the guidance is not always followed and we would support a Considerate Contractor scheme which gives the opportunity to members of the travelling public to record how individual road works are being carried out. This can help to alert roads authorities to practices which risk any road user including people cycling. With less public resources for road authorities, it is vital for members of the public to be able to assist the monitoring arrangements for roadwork schemes. This also gives the additional opportunity for the inspection regime to be targeted where faults are being commonly reported.
In planning and delivering cycling events which often involve temporary road closures, delivered for example through rolling road closure or Temporary Traffic Regulation Orders, it would be helpful to plan these in line with road works. For the largest cycling events such as the major sportives or Pedal for Scotland, it would be helpful if they could be listed on the road works website and be considered by utilities and contractors where there is flexibility in scheduling of the works. This is an area of work where Scottish Cycling and Cycling Scotland, could be involved in the communication of dates.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
It is important that all road operatives, from both road authorities and utility companies, are fully qualified when undertaking work on the roads, and have a strong knowledge of how the work will impact on road users.
Practical Cycling Awareness Training is a one-day course, devised and delivered by Cycling Scotland which aims to raise awareness among fleet drivers of people cycling by asking them to get on their bikes to gain a greater understanding of how those on bikes and other vulnerable road users behave on the road. As this consultation is reviewing the qualifications of operatives and supervisors it would be opportune to consider a modified form of this type of training to be extended to those working on road works with the aim of improving safety for vulnerable road users.
Practical Cycling Awareness Training is a one-day course, devised and delivered by Cycling Scotland which aims to raise awareness among fleet drivers of people cycling by asking them to get on their bikes to gain a greater understanding of how those on bikes and other vulnerable road users behave on the road. As this consultation is reviewing the qualifications of operatives and supervisors it would be opportune to consider a modified form of this type of training to be extended to those working on road works with the aim of improving safety for vulnerable road users.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
Ensuring there are enough people on site with formal qualifications is important. There should be more than one person with the required level of qualifications, in the case of illness or injury, for example, to that person which prevents them from being on site.
Indeed, there is scope to revise the qualifications of road works operatives to ensure that suitable attention is given to cyclists and other vulnerable road users and that operatives are properly trained in order to carry out works in the appropriate fashion.
Given an apparent increase in the number of vehicles driving dangerously in the vicinity of roadworks, it is particularly important to have qualified staff and to ensure that the safety of all roadworkers is taken seriously by all agencies, including the police and courts.
Indeed, there is scope to revise the qualifications of road works operatives to ensure that suitable attention is given to cyclists and other vulnerable road users and that operatives are properly trained in order to carry out works in the appropriate fashion.
Given an apparent increase in the number of vehicles driving dangerously in the vicinity of roadworks, it is particularly important to have qualified staff and to ensure that the safety of all roadworkers is taken seriously by all agencies, including the police and courts.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
We welcome proposals for the SRWC to exercise enforcement power with regards to non-compliance which have a deterrent effect and bring about behaviour change.
Cycling Scotland notes that there is a lack of dedicated infrastructure for cycling in many areas. As such, if works that are road works are being undertaken, particularly to existing infrastructure designed to facilitate cycling, there could be a significant impact on those who travel by bicycle as a safe diversion is often not clear. In addition to stress and frustration, there is a particularly negative impact on journey times and journey time reliability for those cycling, particularly if they are unable to find a diversionary route.
Therefore, it is important that cycling routes (particularly cycle paths and segregated infrastructure) due to undergo works are treated in the same fashion as on-carriageway roadworks, complete with a process ensuring proper notification, diversion and reinstatement in place and subject to the same requirements for contributions, inspections, guarantees, charges, etc. In particular opportunities to implement filtered permeability to allow people to continue to cycle or walk on the most direct route should always be sought.
Road surface renewal or resurfacing programmes will deliver better surfaces for cycling rather than short-term, emergency pothole patching. In addition, any road maintenance procedure is a good opportunity to consider changes that will improve conditions for cycling (e.g. through road layout or marking). Therefore, the actions of the Roadworks Commissioner should be aimed at addressing the challenges laid out above and helping achieve the Scottish Government’s shared vision for 10% of everyday journeys by bicycle by 2020, as well as the ambitions for a more active nation through the National Walking Strategy.
Cycling Scotland notes that there is a lack of dedicated infrastructure for cycling in many areas. As such, if works that are road works are being undertaken, particularly to existing infrastructure designed to facilitate cycling, there could be a significant impact on those who travel by bicycle as a safe diversion is often not clear. In addition to stress and frustration, there is a particularly negative impact on journey times and journey time reliability for those cycling, particularly if they are unable to find a diversionary route.
Therefore, it is important that cycling routes (particularly cycle paths and segregated infrastructure) due to undergo works are treated in the same fashion as on-carriageway roadworks, complete with a process ensuring proper notification, diversion and reinstatement in place and subject to the same requirements for contributions, inspections, guarantees, charges, etc. In particular opportunities to implement filtered permeability to allow people to continue to cycle or walk on the most direct route should always be sought.
Road surface renewal or resurfacing programmes will deliver better surfaces for cycling rather than short-term, emergency pothole patching. In addition, any road maintenance procedure is a good opportunity to consider changes that will improve conditions for cycling (e.g. through road layout or marking). Therefore, the actions of the Roadworks Commissioner should be aimed at addressing the challenges laid out above and helping achieve the Scottish Government’s shared vision for 10% of everyday journeys by bicycle by 2020, as well as the ambitions for a more active nation through the National Walking Strategy.
17. Should Section 132 of NRSWA be repealed?”
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
Reinstatement/returning a road to its original condition is the responsibility of the party undertaking the works. This includes utility companies. At present, Section 132 enables utility companies to leave a site without fully reinstating it to its original condition, which can leave the road in an unsuitable condition and have a negative impact for all road users, including people cycling, for a longer period of time. We therefore support the proposal to repeal Section 132 and replace it with mandatory quality plans.
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
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
We believe that the full costs and noticing requirements of the roadwork should be borne out by those carrying out the road works, and be exactly the same regardless of who is doing the work, in order to help ensure that the roads are recognised as a public asset. This will also help to facilitate coordination and cooperation among all parties involved. Road authorities should have the right to receive the costs of full or half – width resurfacing. The economic impact of poorly carried out roadworks is considerable and the health impacts of crashes caused by poor maintenance or reinstatement demonstrate a clear need for coordination. Therefore, it is important for roads authorities and the Commissioner to have sufficient powers and mandatory guidance in place to ensure roadworks are carried out to the highest standard.
19. Should Section 61 of the Roads (Scotland) Act 1984 be revoked with savings provisions for existing agreements?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer to this question:
This will help ensure consistency between each road authority and make it easier to comply to uniform quality standards.
Impacts
20. Are there any likely impacts the proposals contained within this consultation may have on particular groups of people, with reference to the ‘protected characteristics’ listed above?
Please be as specific as possible.
The impact of poor maintenance or road works management impacts disproportionately on disabled people, especially those with mobility or visual impairments.
24. Are there any likely impacts the proposals contained in this consultation may have upon the environment?
Please be as specific as possible.
We would like to highlight that, for longer term and larger, programmed work e.g., large scale utility works or road resurfacing / reinstatement, there is an opportunity to take advantage of an alteration of traffic flows to test reallocation of road space and alternative traffic management techniques. For example, if a lane is taken out by utility works, the route could be designated for cycling and walking only, with a diversion made for vehicular traffic. This could allow for testing of potential reallocation of road space and traffic management for the short term – similar to a ‘pilot’ - and would assist in assessing any impacts on general traffic flows and accessibility across the wider area, which would have a positive impact on the environment by helping to reduce congestion and improve air quality.
About You
Are you responding as an individual or an organisation?
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(Required)
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Unticked
Individual
Radio button:
Ticked
Organisation
What is your organisation?
Organisation
Cycling Scotland