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Gateshead Network Management Plan

Section 3 - The legislative framework

3.1 A well-managed transport system must be flexible enough to deal with changes to the way that people travel. It must also be able to deal with future challenges so that it can continue to support the economy.

The Government recognises the importance of a well-managed transport system to traffic authorities to secure the expeditious movement of traffic on their road networks and to assist adjacent highway authorities to do the same. It also establishes the requirement for all highway authorities to appoint a Traffic Manager. 

There are three documents fundamental to the performance of the Duty:

Other relevant legislation includes:

3.2 The Traffic Management Act 2004 (TMA) Section 16, Part 1- The objective of the Duty is the efficient operation of the Road Network as a whole as such the Traffic Manager provides a focus within the authority for performance of the duty and the champions the need for the authority to consider the Duty in all areas of work Section 16 (1)- sets out the requirements of the duty as being:-

it is the duty of a local traffic authority to manage their road network with a view to achieving, as far as may be reasonably practicable having regard to their other obligations, policies and following objectives:
(a)    Securing the expeditious movement of traffic on the authority's road network; and 
(b)    Facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority.

Section 16 (2)- states 'the action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing:

(a)    The more efficient use of their road network; or
(b)    The avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority Is the traffic authority; and may involve the exercise of any power to regulate or coordinate the uses made of any road (or part of a road) in the road network (whether or not the power was conferred on them in their capacity as a traffic authority)'

The TMA specifically states that the term 'traffic' includes pedestrians and so the duty requires the LTA to consider the movement of all road users including pedestrians, as well as motorised vehicles. 

3.3 The Network Management duty is part of the Traffic Management Act 2004. It applies to all local traffic authorities. The duty came into force on 5  January 2005: the duty recognises: 

  • The importance of managing and operating the road network
  • The importance of optimising benefits for all road users 
  • The needs of those who maintain the infrastructure (both of the network itself and of the services within it)

As stated there are three documents fundamental to the performance of duty:

  • The Traffic Management Act (TMA) 2004;
  • Network Management Duty Guidance (NMDG)
  • Traffic Management Guidance on Intervention Criteria

The arrangements for performing the Network Management duty include:

  • Taking any action that we consider will contribute to recurring more efficient use of the road network
  • Take any action that we consider will avoid, eliminate or reduce road congestion or other disruption to the movement of traffic 
  • Establishing processes for identifying things which are (or could) cause road congestion or other disruption to the movement of traffic
  • Considering possible actions that could be taken to address congestion or disruption 
  • Ensuring that specific policies or objectives are determined for different roads or classes of roads
  • Monitoring the effectiveness of the organisation and process for tackling congestion and the implementation of decisions 
  • Regularly assessing the performance of the duty and keeping the effectiveness of arrangements that have been put in place under review.

The Department for Transport (DFT) issued guidance in November 2004, which outlines the highway authority's obligations under the duty. This includes:

  • The scope of the duty (main issues and considerations)
  • Advice on the broad principles of network management 
  • Good practice advice

The TMA specifically states that the term 'traffic' includes pedestrians and so the duty requires the LTA to consider the movement of all road users including pedestrians, as well as motorised vehicles. 

The DFT recognises that the network management duty is one element of an authority's transport activities and should complement other policies and actions. The local traffic authority should look to embed desired outcomes and appropriate policies and plans under the network management duty within the Local Transport Plans to achieve a coherent approach.

3.4 Appendix A identifies an Improvement Action Plan which demonstrates Gateshead Council's Plan to accommodate the Traffic Management Act and the Network Management guidance