The Traffic Management Act - An Overview

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The Traffic

Management Act:

an overview

lightcastbriefings from the ILE technical committee


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Institution of Lighting Engineers technical briefing note

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16 September 2009

This briefing note has been prepared by the ILE Technical Committee for study and

application. The document reports on current knowledge and experience within the

specified field of light and lighting described and is intended to be used by the ILE

membership and other interested parties. This is a briefing note and is not of mandatory

status. The ILE should be consulted regarding possible subsequent amendments.

Any mention of organisations or products does not imply endorsement by the ILE. Whilst

every care has been taken in the compilation of any lists, at the time of going to press,

these may not be comprehensive.

Compliance with any recommendations does not itself confer immunity from legal

obligations.

2009 Institution of Lighting Engineers. Permission is granted to reproduce and

distribute this document, subject to the restriction that the complete document must be

copied, without alteration, addition or deletion.


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The Traffic Management Act: an overviewThere are 1.5 million kilometres of buried assets under our roads and each year there are

approximately 4 million road openings to maintain or improve them. Co-ordinating all

these activities has major consequences on local authorities, and it is thought congestion

due to road works costs the UK economy more than 6 billion each year.

The Traffic Management Act (TMA) was mentioned in the Queens speech in December

2003 and it received Royal Assent in July 2004. The overall emphasis of the TMA is to

help local authorities manage their road network effectively and cut out some of the

unnecessary disruption to road users.

The Traffic Management Act 2004 places a duty on local traffic authorities to:

...manage their road network with a view to achieving, so far as may bereasonably practicable having regard to their other obligations, policies and

objectives, the following objectives:

a) securing the expeditious movement of traffic on the authoritys road

network; and

b) facilitating the expeditious movement of traffic on road networks for which

another authority is the traffic authority.

The Traffic Management Act: an overview

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Contents1. Summary of the Act 4

2. New Roads and Street Works Act 6

3. Categories of works 7

4. Highway authority powers and restrictions 8

5. Notices and permits 8

6. Implications on the street lighting service delivery 9

7. Conclusion 11


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1. Summary of the ActThe Act is wide ranging, being in seven parts:

Part 1: Traffic officersThis empowers the Secretary of State for Transport in England or the National Assembly

for Wales to establish a uniformed on-road traffic officer service under the control of a

national authority to manage the traffic consequences of random incidents (such as

accidents, obstructions, debris and breakdowns) and manage programmed highway

events such as the passage of abnormal loads. Traffic officers have the powers to:

stop or direct traffic

place temporary traffic signs

remove certain vehicles

wear a uniform

acquire land.

Offences relating to traffic officers include: assaulting, resisting, wilfully obstructing, or

impersonating a traffic officer or failing to give a name and address to a traffic officer

when lawfully demanded.

Part 2: Network management by local traffic authorities

This imposes a duty on all local traffic authorities to secure the expeditious movement of

traffic on their road networks, and to facilitate the expeditious movement of traffic on

other authorities networks. Authorities are required to make arrangements as they

consider appropriate for planning and carrying out the action to be taken in performing

the duty; part of the arrangements must be the appointment of a Traffic Manager.

Part 3: Permit schemes

Part 3 provides for the introduction of permit schemes. A permit scheme would control

specified works in the street and would require a permit to be obtained for such works.

The Act provides that permit schemes could extend to works such as road works and

street works, and could extend to corresponding works. A permit scheme may provide for

conditions to be attached to permits which would apply in relation to the carrying out of

specified works.

Part 4: Street works

Part 4 provides for changes to the regulatory regime for utility companies street works.

The Act also provides for increases in levels of fines for specified offences, and for highway

authorities to issue Fixed Penalty Notices for certain offences. Under section 59 of New

Roads and Street Works Act (NRSWA), a street authority has a duty to co-ordinate


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statutory undertakers street works and their own road works. Part 4 amends section 59 to

allow that duty to be extended to encompass the co-ordination of some other prescribed

temporary activities on the highway, for example the placing of skips and scaffolding.

Part 5: Highways and roads

This includes specific measures that alter the arrangements for traffic management in

London. These include provisions for the Secretary of State to designate an initial network

of strategic roads (and for changes to that network to be made by the Assembly or the

Mayor of London acting on its behalf). The purpose of designating this network is to

enhance Transport for Londons (TfLs) powers in relation to Borough roads by enabling it

to object to proposals that would affect strategic roads.

The Act also amends the Highways Act 1980, most notably to provide for regulations to

apply lane rental charges to skips, scaffolding, building materials and temporary

excavations that occupy the highway.

Part 6: Civil enforcement of traffic contraventions

Part 6 includes powers providing a single framework to make regulations for the civil

enforcement by local authorities of parking and waiting restrictions, bus lanes and some

moving traffic offences. These regulations will replace existing powers in national and

London local legislation. It will enable regulations to be made giving authorities outside

London civil enforcement powers to cover some moving traffic offences (such as ignoring

the rules at box junctions and banned turns) using camera evidence, and additional

powers in respect of parking enforcement which already exist in London. The regulations

require that a vehicle must not be immobilised if it displays a disabled persons badge (a

blue badge). However, the regulations make it an offence, punishable by a fine not

exceeding level 3 on the standard scale, if a person inappropriately uses a blue badge

and as a result the vehicle in question is not immobilised.

Part 7: Miscellaneous and general

The final part contains general and miscellaneous provision, including provision relating

to blue badges, for the application of surplus income from parking places, and financial

provision for the establishment of traffic officers. This part amends section 21 of the

Chronically Sick and Disabled Persons Act 1970 which established the disabled persons

parking blue badge scheme. The scheme provides certain parking concessions for

disabled people. The effect of the provisions introduced is that police, traffic wardens,

local authority parking attendants and civil enforcement officers will have the power to

require blue badges issued under the scheme to be produced for inspection. Apart from

the police, these bodies only have this power when carrying out their other parking

enforcement functions.


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2. New Roads and Street Works ActPart 4 (Street Works) amends several sections of the NRSWA; some of these are listed

below:


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Section Description

48 Streets, street works undertakers

49 The street authority and other relevant authorities

50 Street works licences

52 Emergency works

53 The street works register

54 Advance notice of certain works

55 Notice of starting date of works

56 Power to give directions as to the timing of street works

56A Power to give directions as to the placing of apparatus

57 Notice of emergency works

58 Restriction on works following substantial road works

58A Restriction on works following substantial street works

59 General duty of the street authority to co-ordinate works

60 General duty of undertakers to co-operate

61 Protected streets

62 Supplementary provisions as to designation of protected streets63 Streets with special engineering difficulties

64 Traffic sensitive streets

66 Avoidance of unnecessar y delay or obstruction

70 Duty of the undertaker to reinstate

72 Powers of the street authority in relation to reinstatement

74 Charge for occupation of the highway where works are unreasonably prolonged

74A Charges for occupation of the highway

76 Liability for cost of temporar y traf fic regulation

81 Duty to maintain apparatus

83 Apparatus affected by highway, bridge or transport works

87 Prospectively maintainable highways

88 Bridges, bridge authorities and related matters

91 Transport authorities, transport undertakings and related matters

95 Offences

95A Fixed penalty notices

97 Service of notices and other documents

98 Reckoning periods

99 Arbitration


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3. Categories of works

Minimum notice periods

Matrix of notice periods and response times

Notice period Validity period Response time

S 54 S s55/57 S54 Ss 55/57 S 54 Ss 55/57 S 74

Major 3 months 10 days 15 days 5 days 1 month 5 days 5 days

Standard n/a 10 days n/a 5 days n/a 5 days 5 days

Minor n/a 3 days n/a 2 days n/a 2 days 2 days

Immediate n/a 2 hours n/a n/a n/a Any time 2 days

after during works

Major works

Three months advance notice will be required if the duration is 11 days or over or if a

temporary traffic order is required. There is a requirement for increased planning and

advance notification and a 5-year wish list programme to help with restriction

embargoes.

There is now a requirement for major works to be discussed much earlier that previously,

at 6 months prior to commencement rather than the previous 3 months. With better co-

ordination joint advertising will be possible for most traffic disruptive schemes.

Standard works

It is envisaged that the majority of works that were undertaken under the 7-days notice

period will now fall into the 3-months advance notice requirement. Standard works of

4 to 10 days duration requires a 10-days advance notice.

Minor works

The daily whereabouts notice has been scrapped and a 3-day advance notice is required

for 1 to 3 days works duration.

Immediate works

Emergency: works undertaken which are to prevent imminent danger to

people or property

Urgent: works undertaken which are to prevent loss of supply or service


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4. Highway Authority powers and restrictions

The power to direct

Section 56 gives the authority the power to give timing of highway works as well as when

the work can be done. Section 56A gives powers to the authority to give direction as to

where apparatus can be placed.

Restrictions

Section 58 allows the Highway Authority (HA) to place the following maximum

restrictions:

Newly constructed and reconstructed surfaces 5 years

Resurfaced areas 3 years

Other substantial street/road works 6 months to 1 year

New connections 20 working days

5. Notices and permitsCurrently, the HA has two options in relation to managing activities on its network; either

a traditional noticing scheme or a permit scheme. For an HA to have a permit scheme it

will need to have the scheme approved and registered with the Secretary of State. The

permit scheme could be registered for a single HA or a group of HAs operating under the

same rules. With the familiar noticing scheme the promoter of the work such as a utility

company serves a notice on the HA of its intentions; the HA can then challenge these

plans as it sees fit. This allows the HA to fulfil its obligations to ensure the expeditious

flow of traffic on its network and to balance this against the need of the promoter to

maintain or improve its network. The alternative is for all activities on the highway to be

subject to a permit issued by the HA. The difference is that the first scheme depends on

a notice an intention to do work unless challenged whereas the second scheme

depends on a permit, and work cannot be done until the permit has been issued. Permit

schemes will have a wider remit than notice schemes as they will cover non-utility

activities such as skip and scaffold permits.

More activities now require a notice or permit, such as:

all works that involve breaking up or resurfacing of any street

all work that involves opening the carriageway or cycleway at traffic sensitive

times, including opening a chamber cover

all works that require any form of temporary traffic control as defined in the Code

of Practice for Safety at Street Works and Road Works

all works that reduce the number of lanes available on a carriageway of three or

more lanes


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all works that require a temporary traffic restriction or the suspension of pedestrian

crossing facilities

all works that require the reduction in width of the existing carriageway of a trafficsensitive street at a traffic sensitive time.

All works now have to be registered, including works for road purposes; maintenance and

improvement works to the road (including street lighting) itself carried out by, or on behalf

of, the HA. Section 53 of NRSWA requires an Authority to place information about its own

works on the street works register in similar timescales and protocols as a statutory

undertaker. Fines will be applicable for contraventions to permits for over-running works

or failure to have the necessary notice or permit in place when works commence. Fines

will be applied to all those working on the highway including the HA's own workforce such

as direct labour organisations, and although the HA cannot fine itself it will be required to

keep records of all incidents for comparison with other utilities.

6. Implications on the street lighting service delivery

Immediate works

Accident damage

Vandalism

Lantern and/or lantern bowl hanging

These would either be emergency or urgent works requiring a notice within 2 hours of the

works commencing. However, the emphasis is about reasonableness: if the works are on

a traffic sensitive road then notices are required; if they are on a minor road then this

may not be necessary. In all cases, if excavations or barriers are necessary then notices

must be served or permits sought.

Routine maintenance works

Lamp cleaning and changing

Electrical testing


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Structural inspections

Structural testing

Painting

These are planned operations and being minor works require a 3-day notice. Daily

whereabouts notices are no longer valid so these works could be done as a rolling 3-day

programme requiring notices or permits.

Reactive maintenance works

Fault repairs

Conversion of a lantern or bracket arm replacement

These would be considered to be urgent works and, acting reasonably, 2-hour notices or

permits would probably not be required in many situations except on traffic sensitive

roads but would, of course, be needed where there is excavation or occupation of the

highway with barriers.

Planned works small schemes

Conversions

Attaching signs

These would be planned operations or minor works for which 3-day notices or permits

will be required.

Planned works new works and larger schemes

New or replacement lighting installation works

Seasonal decorations installation

Notices are required for these and the notice periods will be dependent on the period of

highway occupation. As a minimum a 7-day notice or permit is required.


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7. ConclusionThe intention of the Traffic Management Act is to improve co-ordination between all those

occupying the highway that could lead to disruption to the travelling public. It is now a

duty for all those involved in these activities to talk to each other and discuss these

activities so they can be better planned and co-ordinated. This legislation requires the

highway authority to treat all those working on the highway the same way, whether they

be a statutory undertaker OR the highway authorities own workforce. The highway

authority must keep records of highway activities and for those that do not co-operate or

exceed their authorised highway occupation there will be penalties applied. Though the

highway authority cannot apply financial penalties on itself, it is required to keep records

on the performance of its own operations in order to achieve parity with utility

companies. These records, being open to public scrutiny, could adversely affect its local

and possible national Key Performance Indicators, its Comprehensive Performance

Assessment or its Comprehensive Area Assessment.

Peter Harrison MBA, CEng, FILE,

Street Lighting Manager,

Birmingham City Council


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The Traffic Management Act - An Overview