Section 119A of NRSWA, as amended by the Transport (Scotland) Act 2005, provides powers to the Commissioner to impose penalties.
Where the Commissioner is satisfied that a roads authority has failed to comply with duties imposed on them under section 118 of NRWSA, or a utility company has failed to comply with duties imposed on them under section 119 of NRSWA, the Commissioner may impose a financial penalty.
Penalties issued during the reporting period
In 2024/25, no Commissioner penalties were issued.
In the latest five year period, the Scottish Road works Commissioner has issued the following penalties due to individual organisations failing to carry out their duties:
| Year | Amount |
|---|---|
|
2020 |
£122,000 |
|
2021 |
£nil |
|
2022 |
£10,000 |
|
2023 |
£138,000 |
|
2024 |
£nil |
Since the office was established in 2008, the Commissioner has issued penalties to utility companies and roads authorities totalling £592,000 for failures to comply with their statutory obligations.
Use of Inspection Powers
The Transport (Scotland) Act 2019 introduced new inspection powers for the Commissioner and authorised persons. These powers came into force on 1 April 2024 and two new compliance officers were recruited in advance of the introduction of these powers.
The Transport (Scotland) Act 2005 was amended to require the Commissioner to report annually on the use of the inspection powers.
In 2024/25 the Commissioner prioritised monitoring of roads authority signing, lighting and guarding practices. The Commissioner’s compliance officers were tasked with visiting road authority sites and recording observations on compliance with the Code of Practice on Safety at Street Works and Road Works.
To support awareness of this activity, a series of webinars was held with representatives of roads authorities and their contractors. Around 700 people attended these events throughout the summer of 2024. The Commissioner and staff also visited several authorities and gave presentations to staff on the requirements of the Code of Practice.
Between 1 April 2024 and 31 March 2025, a total of 2,386 observations of road works sites were made in 29 local authority areas covering the whole of mainland Scotland, and from July 2024, these were recorded in the Scottish Road Works Register.
From these observations, the main issues identified involved a lack of provision for pedestrians and a lack of proper guarding of works activities.
Based on patterns observed, two compliance notices were issued as follows: North Lanarkshire Council was issued with a compliance notice on 25 September 2024 requiring it to comply with the Code of Practice on Safety at Street Works and Road Works. A series of follow-up meetings were held with managers and monitoring carried out between January and March 2025 showed significant improvement. As a result, the compliance notice was formally closed on 8 April 2025.
Fife Council was issued with a compliance notice on 12 November 2024 requiring it to comply with the Code of Practice on Safety at Street Works and Road Works. A series of follow-up meetings were held with managers and monitoring carried out between February and April 2025 showed significant improvement. As a result, the compliance notice was formally closed on 8 May 2025.