Why do we need a Scottish Road Works Commissioner?
The role of Commissioner was created to oversee improvements to the planning, co-ordination and quality of road works in Scotland. The founding legislation envisages that this will be done by monitoring road works across Scotland, promoting compliance with legislation and promoting good practice.
What do you mean by monitoring road works?
The Commissioner's office has not been set up to reactively inspect individual road works. The monitoring will mainly be at a strategic level and will take two forms:-
Information extracted from the Scottish Road Works Register is used in indicators which provide a body of evidence on the performance of roads authorities and utility companies.
Information collected from site observation of works is analysed to form a broad practical picture of organisations’ compliance with legislation.
Who is responsible for managing road works in Scotland?
The day to day management of works on roads is as follows:
The road authorities (councils for local roads and Transport Scotland for motorways and trunk roads) retain responsibility for the co-ordination of all road works on the roads they are responsible for;
The reinstatement of road surfaces remains the responsibility of the party undertaking the works. Whilst the Commissioner has powers to inspect road works to ensure that utility companies meet their obligations, similar powers are held by Roads Authorities. It is expected that in almost all cases, inspection will be undertaken by the Roads Authority;
The traffic management at road works (cones, signs and barriers) remains the responsibility of those undertaking the works; and
Any decision related to the repair and maintenance of roads lies with the roads authority.
Who can I talk to when things go wrong?
In the first instance, enquiries should be addressed to the roads authority or utility company undertaking the works. Should you consider the response to be unsatisfactory you may wish to raise a complaint with the organisation’s formal complaints procedure. It should be noted that the Commissioner's office is not resourced to undertake inspections or detailed investigations of complaints regarding individual works as a matter of course. That said, details of such enquiries will be taken into account by the Commissioner when considering the overall performance of organisations.
If you have a complaint about the way in which you have been treated by the Commissioner, you can make a complaint in line with our Complaints Procedure (link).
How can over-running road works be prevented?
Road works by their very nature are not always straight forward. There may, on occasion, be extenuating circumstances that cause the works to overrun, however the legislation is clear that those undertaking road works should "complete the works with all such dispatch as is reasonably practicable". Should the roads authority deem the works to be taking longer than is reasonably necessary, they have powers to intervene, reinstate the site themselves and charge the utility company accordingly.
Why is it that some reinstatements appear to be of poor quality?
Roads authorities routinely inspect a sample of completed reinstatements and record the results of the inspections in the Scottish Road Works Register. They can also carry out additional inspections if they consider it necessary. If a reinstatement does not meet the nationally agreed specification then the utility company has to carry out remedial work. In addition, every two years, a national programme is undertaken to investigate the quality of reinstatements through a testing process called ‘coring’. Where an organisation’s reinstatements are of a consistently poor quality, the Commissioner may exercise his compliance powers or issue a financial penalty.
Why don't utilities share the same trench so that the same road only needs to be dug up once?
Where appropriate, the sharing of trenches by multiple utilities is encouraged but it must be understood that there are practical accessibility constraints due to the differing depths and locations of the pipes and cabling. There are also implications for safety as certain utilities apparatus cannot be located together at the same depth i.e. water and electricity services. There are also practical issues related to the different speeds with which certain works can be undertaken.
Why are utilities allowed to dig up a newly resurfaced road?
Utility companies have a statutory right under the New Roads and the Street Works Act 1991 to place, inspect, maintain, adjust, repair, alter, change position or renew apparatus within the carriageway. However, such works are embargoed on resurfaced roads for a period of up to 3 years under certain conditions. There may be instances where emergency works are required on embargoed roads.
Why do utilities keep digging up the same part of the road?
There are many reasons why this may occur. It may be that a fault has occurred within newly placed apparatus, a general failure to co-ordinate between utilities that are both undertaking works or that the reinstatement has failed to meet specifications and has to be repaired. The Scottish Road Works Register is a tool that facilitates the planning and co-ordination of road works through which all proposed works are registered and opportunities for co-ordination recognised.
Plastic barriers that protect pedestrians from road works are not always in their proper position. Why is this the case and how can it be prevented?
The pedestrian barriers that are used when road works are undertaken are of lightweight construction and vandalism or indeed weather conditions may move them. That said, the Code of Practice for Safety at Street Works and Road Works states "Sites must be checked to ensure that the site set-up is still appropriate and that signs, lighting and guarding have not moved, become damaged or dirty”. Additionally, “Sites that are unoccupied at any time still require the traffic management to be routinely checked and maintained”.
Can roads authorities or utilities be penalised for poor performance?
Commissioner Penalties: The Commissioner can impose penalties of up to £100,000 on both roads authorities and utility companies. Both are regularly provided with an indication of their performance through analysis reports and performance reviews. The power to issue penalties will only be used as a last resort after opportunities to improve have failed to result in satisfactory performance being achieved.
Compliance Notices: Compliance notices can be issued to both utilities and roads authorities where they breach certain legal duties. Where organisations have not delivered required improvements following issue of a Compliance Notice, the Commissioner can seek prosecution through the courts. This can lead to an unlimited fine being issued.