Under the New Roads and Street Works Act 1991 (NRSWA) public utilities, such as Scottish Water, and electricity and cable television suppliers, have both an absolute right to work on any public road to place and maintain their apparatus and a duty to notify the local council of their plans to do so.
The Network Support Team endeavours to co-ordinate these planned works with Falkirk Council’s own activities, but the utility companies’ work cannot be unreasonably restricted. The utilities have a duty to co-operate in this process:
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to ensure safety
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to minimise disruption, inconvenience and unnecessary delays to road users
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to protect the structure of the road and the apparatus in it.
Safety
Utilities are responsible for ensuring safe on-site working practices by their own staff and their contractors. If you have any concerns about the safety of any roadworks contact the organisation named on the on-site courtesy board.
Utilities must re-instate the road to a defined standard. They are responsible for the condition of the reinstatement generally for two years after completion. If you have any concerns about the condition of any road surface recently completed by or for a utility, please contact the Network Support Team at Roads & Development Services.
Emergency works
Although notices are sent in advance for planned works, emergency works are often necessary, for instance a burst water main, gas main or electric fault. In these cases the utility can start work on the road immediately and inform all concerned later. This obviously has an effect on any co-ordination of works.
Anyone digging up a road must establish if there is any apparatus owned by public bodies that may be affected by the works. This should be done by phoning 'Dial Before You Dig' on 08000 231 251, which will take details and issue notices to the statutory undertakers.
The co-ordination process
The co-ordination process uses:
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the notice system - a web based system by which each public utility must give notice in advance to all other utilities and the appropriate authority of works that they plan to carry out. The roads authority should do likewise. This gives all interested parties time to respond with comments.
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special controls on roads designated as traffic sensitive, on which the roads authority can restrict the times when works can be carried out, to avoid peak time traffic disruption. Alternatively, direction may be given regarding the timing of roadworks and the requirement on the utilities to avoid unnecessary delays and obstruction.
The overriding aim is good communication between all parties.
The New Roads and Street Works Act focuses on the need to balance the potentially conflicting interests of road users and utility customers. All parties concerned must remember that the motorists and pedestrians affected by the works are also customers who benefit from and depend on a reliable service from the utility.