Street works protocol
Enforcement and penalties
5.1 The majority of works run smoothly. Like any other regulatory function, however, it must be underpinned by effective enforcement. NRSWA provides for Fixed Penalty Notices (FPNs) for various breaches of the regulations, as well as for overrunning or unreasonably prolonged works.
5.2 FPNs may be issued to anyone carrying out works in the highway, regardless of whether they are statutory undertakers or contractors operating under the authority of a licence issued under Section 50 of NRSWA. As made clear on the application form, anyone operating under such a Section 50 licence should ensure that they and/or their contractors comply fully with the terms of that Licence.
The grounds on which a Fixed Penalty Notice may be issued, together with the amounts payable, are set out in detail within the relevant gov.uk - safety at street works and road works (opens new window). Briefly, however, those grounds are as follows:
| Relevant section of NRSWA | Brief description (as set out in the legislation) |
|---|---|
| An offence under section 54(5) | A Failure to comply with duties under s. 54 (for example, advance notice of certain works) |
| An offence under section 55(5) | Beginning to execute works in contravention of s. 55 (notice of starting date) |
| An offence under section 55(9) | Failure to give notice in accordance with s. 55(8) (notice to be given on s. 55 notice ceasing to have effect) |
| An offence under section 57(4) | Failure to give notice in accordance with s. 57 (notice of emergency works) |
| An offence under section 70(6) consisting of a failure to comply with subsection (3) or (4A) | Failure to comply with requirements to give notice of completion of reinstatement |
| An offence created by regulations made under section 74(7B) | Failure to give a notice required by regulations under s. 74 (charge for occupation of the highway where works unreasonably delayed) |
| An offence created by regulations made under section 74A(11) | Failure to give a notice required by regulations under s. 74A (charge determined by reference to duration of works) |
5.4 The process for challenging an FPN is set out on that notice. The Council may require evidence to support any challenge.
5.5 Under The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 (opens new window), the Council may issue "Section 74 overrun charges" and these can be very significant. Below is an extract from Chapter 10 of the Street works Code of Practice.
Charges in relation to works occupying the carriageway during the period of overrun
| Item | Description of street | Amount for each of the first three days | Amount for each subsequent day |
|---|---|---|---|
| 1 | Traffic-sensitive street or protected street not in road category 2, 3 or 4 | £5000 | £10000 |
| 2 | Other street not in road category 2, 3 or 4 | £2500 | £2500 |
| 3 | Traffic-sensitive street or protected street in road category 2 | £3000 | £8000 |
| 4 | Other street in road category 2 | £2,000 | £2,000 |
| 5 | Traffic sensitive street or protected street in road category 3 or 4 | £750 | £750 |
| 6 | Other street in road category 3 or 4 | £250 | £250 |
BUT if, during a period of overrun, the works do not at any time take place in any part of the carriageway, the amount of the charge shown in the table below.
| Item | Description of street | Amount for each day |
|---|---|---|
| 1 | Street not in road category 2, 3 or 4 | £2500 |
| 2 | 2 Street in road category 2 | £2000 |
| 3 | 3 Street in road category 3 or 4 | £250 |
5.6 The Council will consider reasonable representations based on whether the overrun actually took place, or the duration of that overrun. However, the dates will usually have been supplied to us by the undertaker/contractor and the onus will therefore be on them to prove to the Council that there was no overrun, or that it was less than that indicated. The amounts due are fixed by law as set out in the tables above, and these are not open to negotiation.