Response 562667987

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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:
Currently the onus is on Roads Authorities to inspect and locate defects during and after works are completed. Assessment of plans need to take place before the works commence to ensure specifications will be met, not after the works are complete. Quality Plans would spread the responsibility from the RA's to the Utilities to police their own works and raise standards of contractors and sub-contractors.
Utilities, contractors and RA's should be confident in advance that works are to be carried out to specification. The only people to be apprehensive of this approach would be those who are currently poor performing.

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:
If Quality Plans improve standards then it should also follow that the guarantee period should be raised. This should not be an issue for good performing contractors, it would only affect those failing to meet standards or not working to the required specifications.
Increasing the period is a consistent and promising approach and coupled with the introduction of Quality Plans changes the emphasise away from RA's and spreads the responsibility.
This could be taken further and any defects that develop and fail on a reinstatement in the six year guarantee period results in the clock restarting from the date of the remedial repair for another 6 years.

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
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
Yes the impact of the QP's should be reviewed after an agreed period. Removing the latent defect process would still be risky though even if standards have improved. It appears it is only not used because it is too expensive to do so not that it is not required. Perhaps another procedure that is not as expensive could be drawn up?

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:
Agree to this proposal as it is clearly the most joined up approach.

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:
It seems that there is a drive to try and make the SRWR more accurate on dates and times of works to improve the public facing aspect. The Register is not accurate enough currently for up to the minute updates or as a useful planning tool for motorists considering their journeys. This proposal should improve the public facing aspect for general motorists, bus companies and haulage companies which should have an impact on our economy.
For this to be successful all users of the Register require to improve or put in place better communication lines within their organisations, particularly sub contractors.
There could be difficulties with this caused by restrictive office hours, local holidays and even the lack of phone signal in some areas. Enforcing this would be difficult.

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
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
If the Register is to be of any value as a public facing journey planner then the validity period needs to be reduced. The dates need to reflect when the work is actually going to be there, not just give a 'ball park' period where the dates are only an indication of possible work. Traffic Sensitive roads need to be treated differently than smaller, less vital non traffic sensitive roads.
The Trunk Road Operating companies operate another system alongside the Register to update Traffic Scotland regarding works on the Trunk Road Network. After consultation with Utility contractors and sub contractors the dates actually required for the work is usually a lot less than is indicated on the Register Notice. Traffic Scotland then give more accurate information regarding works on the Trunk Road Network and the dates for works on this system often differ greatly from the dates on the Register.

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

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
Make it mandatory and create links from plant systems direct to the Vault system. It should be possible to uplift data directly from our system to Vault by a click of a button.

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
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
Support this. Seems an out dated requirement.

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 should be possible to make available all information on planned works. Actual works might be more difficult considering currently the works do not require to show as 'in progress' until noon on the day after. So it is presently impossible to know from the Register what works is actually underway on the network at any given time.

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
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
If there is works on the road it matters not to the public who is doing the work so all site should be treated the same. Safety is the standard to work to and it should be enforceable if there are any breaches to the code of practice.

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 cannot be all operatives. There should be a minimum number on site trained to carry out the task in hand. So as long as there is one qualified in each that should be acceptable but this should also be on a pro-rata basis depending on the number of operatives on site overall.
We have concerns regarding the practice of setting up and leaving Traffic Management on site and the traffic management company are not present if anything goes wrong, such as a vehicle strike. Someone on site from the contractor requires to be trained to a level where they can safely deal with any issues such as standing up and replacing cones or signs.

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: Unticked Yes
Radio button: Ticked No
Please explain your answer to this question:
Depending on the type and location of the works having more than one qualified operative could be difficult to resource and maintain. That said, if the works are of a major type with extensive traffic management or there is a large number of operatives involved then the numbers of qualified operatives should be increased on a pro-rata basis using an approved / agreed formula.
This aspect could be covered in the Quality Plans for each individual work site.

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:
The office of the Commissioner should have full enforcement functions to carry out inspections of all types and to issue FPN fines for non-compliance. Only poor performing organisations should fear this proposal.

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
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
It is important that standards improve and the FPN system should be reformed and extended to drive up standards. There should be a sliding penalties scale depending on whether the road is traffic sensitive or not. Delays and congestion on a vital road link is far more serious than on a small housing estate. The current penalty of £120 or discounted £80 is ineffectual.

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

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
Agree with this proposal standards have improved since the introduction of a Commissioner and this should improve further with any enhancements of this role.

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

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
In principle this proposal has merit. If the restricted period is to be increased following substantial works then it may be necessary to increase the advanced notice period as well beyond the current 3 months. Giving Utilities more time to assess the impact on their works programmes.
The road asset requires to be protected going forward as well as improving the public's perception of the co-ordination that is taking place.

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
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
This requires to be addressed.

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
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer to this question:
The Roads Authority is ultimately responsible for co-ordination and should be involved from the outset. RA's have the local and intimate knowledge of the problem areas on their network and are better placed to make these informed decisions rather than a remote Utility which may not even be based in the country.

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:
Agree with the decision made at RAUCS.

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: Unticked Yes
Radio button: Ticked No
Please explain your answer to this question:
The noticing can be the same up to the point of Registration which would be pointless and labour intensive for the RA's. RA's are responsible for the maintenance of all the road outwith those 3rd party reinstatements. Any defect which is not identified as a utility reinstatement is the responsibility of the RA to repair. Not sure there is anything fundamentally wrong with the way noticing is currently set up.

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:
Section 109 agreements cover all that is required.

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.
If the FPN system was extended to cover other aspects within works such as pedestrian or disabled access through works then yes it would have an impact.

21. Do you think the proposals contained within this consultation may have any additional implications on the safety of children and young people?

If yes, what would these implications be? Please be as specific as possible.
The proposal to extend FPN's may have an impact. Roads outside schools and other venues are often traffic sensitive but the FPN system could reflect the increased danger working outside premises of this nature poses and the penalty could be increased for breaches of safety standards.

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.
Spreading the responsibility for policing works to the Utility side will cost more. Any costs that are increased could also be reduced or offset by good standard quality plans.
There would be cost implications if requiring notices to be started / closed within 2 hours. The enforcement of this could also have a cost implication.
If there is an increased requirement on operatives to be qualified or at least more of them per site then there will be a training cost.
If expanding or increasing the role of the Commissioner or extended the responsibilities of the Commissioner's office then that will increase costs.

23. Are there any likely impacts the proposals contained in this consultation may have upon the privacy of individuals?

Please be as specific as possible.
No

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

Please be as specific as possible.
The introduction of Quality Plans may mean improved standards and reduced congestion due to works not being on the road for longer than necessary with the inherent cost reductions that would bring. Anything that reduces congestion reduces pollution and improves the economy.

About You

What is your name?

Name
Peter MacNab

Are you responding as an individual or an organisation?

Please select one item
(Required)
Radio button: Unticked Individual
Radio button: Ticked Organisation

What is your organisation?

Organisation
BEAR Scotland Ltd North West and North East Units