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Agenda
Item No.
CABINET
DATE 7th March 2005 7
REPORT OF Executive Director -
Environmental Services
SUBJECT Traffic Management Act
STATUS Open
FORWARD PLAN REF NO. Not Included on the Forward Plan –
Chair of the Overview and Scrutiny
Board to be informed under the
General Exception rules of the
Constitution.
EXECUTIVE SUMMARY
The Traffic Management Act is intended to give local transport authorities new
powers and a duty to keep roads clear and traffic moving freely. It requires the
appointment of a statutory Traffic Manager to ensure co-ordination of activities
across the authority that may have an impact on traffic, and thus manage all
highway works to keep roads clear and traffic moving.
RECOMMENDATIONS
1 To change the title of the current Network Manager within Environmental
Services to “Traffic Manager” and to amend the job description so it
reflects the statutory nature of the post
2. The structure of Environmental Services be amended to reflect the
requirements of the act and accommodate the necessary resources to
inspect and enforce street works (to be self-financed through fees and
charges)
Recommendation to Council:
3. That the Cabinet Member with responsibility for Environmental Services be
given delegated authority to approve the formalisation of existing practices
to provide the basis of any necessary policies and the Constitution be
amended
REASONS FOR DECISION
The Traffic Management Act 2004 came into effect on 5 th January 2005, from
which date local traffic authorities have a duty to manage their local road
network. The Act requires the appointment of a Traffic Manager
1. BACKGROUND AND ISSUES
1.1 The Traffic Management Act
1.1.1 The Traffic Management Act is intended to give local transport authorities
(LTA’s) new powers and a duty to keep roads clear and traffic moving. The
second commencement order for the Act was recently published together
with guidance on its implementation. Salient points from the Act and
accompanying guidance is set out in the appendix to this report.
1.1.2 Part 2 of the Act came into force on 5th January 2005, from which date
LTA’s have a duty to manage their local road network. The guidance
indicates that local authorities should not delay in taking actions to fulfil their
responsibilities to manage the network to meet the expectations of the
business communities and general public.
1.2 Network Management Duty
1.2.1 As part of the arrangements for delivering the network management duty,
the Act requires that all traffic authorities appoint a "traffic manager". The
authority will need to exercise all of those functions that have an impact on
traffic flows in a more co-ordinated way but the precise duties and
responsibilities of the traffic manager will be for the authority to decide.
1.2.2 It is inevitable, given the strategies needed to manage the highway network
and anticipate future trends that the development and implementation of the
LTP will be key in satisfying the requirements of the Act in the longer term.
1.2.3 If it can be demonstrated that an authority is failing with regard to its
network management duties, then the Act provides for the Secretary of
State to appoint a traffic director for that authority. Different levels of
intervention will be possible; at one level there could be a relatively hands-
off monitoring of what the authority was doing. At a more serious level a
more hands-on approach would be appropriate, and the traffic director could
take over responsibility for some of the authority's functions, as specified by
the national authority.
1.3 Corporate Implications
1.3.1 Clearly the performance of a network can be affected by factors outside the
control of the traffic authority. Some may be influenced by an authority’s
wider policies and responsibilities, or the provision of attractive alternatives
to encourage modal shift. There is also the need to establish how well
placed an authority is to respond to future demands. For these reasons
monitoring and evaluation needs to cover the organisational structures and
decision-making processes put in place to meet the duty, as well as the
outcomes.
1.3.2 By virtue of the Act an authority will need to ensure that all its departments
are aware of the need to consider the implications of their actions against
the authority’s strategy for meeting the duty. As a coastal resort, for
example, the transportation of visitors to the resort, and the organisation of
events such as the Carnival, have an impact on traffic flows that need to be
managed through co-operation across the authority and with external
partners such as the police.
1.4 The Traffic Manager
1.4.1 Section 17 of the Act requires that a Traffic Manager be appointed to
perform the tasks that an authority considers necessary for meeting the
duty. This is a statutory post and all LTAs must have such an appointed
person, to be known as the Traffic Manager. The post holder may carry
other responsibilities for the authority.
1.4.2 It is for the authority to decide the level of seniority of the Traffic Manager
post, whether it is a stand alone post or is combined with other duties,
whether it could be filled by an existing employee and what resources the
Traffic Manager will require. In deciding this, the authority has to take into
account how far the role will require the Traffic Manager to consider and
influence all the functions of the authority and decisions made by it that
could have an impact on traffic movement. That, in turn, will affect the
status and responsibilities the Traffic Manager will be given.
1.4.3 In practice it is likely that the Traffic Manager will provide a focal point within
the local authority, championing the need to consider the duty in all areas of
work. As every traffic authority is required to have a Traffic Manager that
person should be well positioned to work closely with their peers in other
authorities and foster co-operation with the Highways Agency and with
other partners and stakeholders such as the Police, utilities, bus operators
etc.
1.4.4 The Traffic Management Bill was proceeding through parliament during the
restructuring exercise conducted last year. In anticipation of the Act, a
Network Manager post was created heading a division that brings together
traffic management, public utility co-ordination and inspection, development
control (advice on traffic impact), co-ordination and planning of highway
asset management/maintenance, car park management etc. Importantly,
the duties of the Network Manager were separated from operational
highway maintenance to demonstrate that the authority will enforce the
requirements of the act equally to its own operations as it does to the
activities of others.
1.4.5 It is clear from the guidance that the statutory “Traffic Manager” needs to be
at a senior and influential level within the authority. The current Network
Manager post is at third tier level and its job description was developed with
the requirements of the Act in mind it. It seems logical, therefore, to re-
designate the post “Traffic Manager” and to review the job description to
ensure it adequately covers the roles defined by the Act and reflects its
statutory nature.
1.4.6 With regard to the resources necessary to meet the requirements of the Act,
the Network Management division was established with the new legislation
in mind. The basic structure for managing and administering the Act is
therefore considered to be in place.
1.4.7 The additional duties set out in the Act (e.g. inspecting and managing road
works by utilities and highway authorities), have not yet been fully
assessed, as workload will depend on street works activity. Charges are
defined within the Act to meet the cost of inspection and administration.
Thus additional inspectors can be employed, should workload increase, at
no net cost to the authority. Charges can also be levied for skips and
scaffolding permits.
1.4.8 It is proposed that a report be submitted for consideration by Cabinet
recommending a policy that establishes a framework for charging for all
street works activities not regulated by other legislation.
1.4.9 A review is therefore proposed of the current inspection regime to ensure
adequate resources are available to effectively monitor and enforce the
requirements of the Act. As identified above, charges available to the
authority should, mean this can be achieved at no additional cost to the
authority.
1.5 Formalisation of Existing Processes
1.5.1 It is clearly intended from the guidance that a key requirement of the actions
of the traffic manager will be to maintain a robust and auditable record of
the decisions that are taken.
1.5.2 A sound basis for these records are clearly documented processes for
implementing specific policy requirements. Whilst many of these policies
exist, most are not formally documented and few have been formally
adopted by the authority.
1.5.3 It is therefore proposed that, as a starting point, all existing policies and
practises are formally documented and presented to the portfolio holder for
their consideration.
1.6 Consultation
1.6.1 It is proposed that engagement with neighbouring traffic authorities be
established to ensure compatibility of mechanisms established to implement
the Act and to provide a formal basis for continued dialogue regarding cross
boundary traffic issues.
2. OTHER OPTIONS CONSIDERED
2.1 None. The appointment by an authority of a traffic manager to fulfil its duties
under the Traffic Management Act is a statutory requirement.
3. CONSULTATION WITH SCRUTINY
3.1 No consultation with Scrutiny has been carried out prior to the drafting of
this report.
4. FINANCIAL IMPLICATIONS
4.1 The report states that the financial impact of the new legislation will be
either funded by increased income or will be accommodated within existing
budgets. As such there are no additional financial pressures and no
comments to make.
5. LEGAL IMPLICATIONS
5.1 This new piece of legislation clearly places the local authority under a duty
to appoint a traffic manager. The specific delegation in the Council’s
constitution to the Cabinet member with responsibility for the Environment
matters includes modifications to existing policies affecting the
Environmental Services Directorate (excluding those policies forming part of
the Council’s Policy Framework). However the delegation does not include
approving new policies which are formalising existing work practice. The
recommendation to Full Council gives the Cabinet Member the necessary
delegation to do this. Where Cabinet Members exercise delegation there
are specific legal requirements (involving the holding of properly called and
minuted meetings) to ensure that the decisions made are open and
transparent.
6. HUMAN RESOURCES IMPLICATIONS
6.1 That the staffing matters referred to in the report be addressed through
delegated powers in accordance with normal practice.
7. WARD IMPLICATIONS
7.1 The Traffic Management Act and the appointment of a traffic manager have
implications for all Wards
8. BACKGROUND PAPERS
8.1 Traffic Management Act 2004 and its associated guidance and
commencement orders
9. CONTACT OFFICER
Adrian Coy Head of Technical Services - Tel. 32(4305)
RAY OXBY
EXECUTIVE DIRECTOR OF ENVIRONMENTAL SERVICES
Appendix
The Traffic Management Act
1 Making the best use of our current road network is important for both
economic vitality and society in general. Roads facilitate the transport of
people and goods, provide access to homes, businesses and other
destinations, and provide public space where people shop, socialise or
relax. Under the surface lies the infrastructure for communications and
services that underpin a modern society.
2 The provision of additional road space is often impractical and undesirable.
The local road network is a finite resource with competing pressures from
those that use it. Reliable journey times are important to the majority of
users. This needs to be balanced with the needs of the highway authority
and the utilities to occupy the road in order to maintain and upgrade
equipment for the benefit of customers. The ability to undertake activities in
safety remains a priority.
3 As a highway authority, the council already has a range of powers and
duties under which to maintain and improve the network, and manage its
use. These include the Highways Act 1980 principally covering the
structure of the network; the New Roads and Street Works Act 1991
covering utility street works; and the Road Traffic Regulation Act 1984
regulating the activities of road users. The Traffic Management Act adds to
these powers.
4 Part 2 of the Act defines the network management duty, which requires
local traffic authorities to do all that is reasonably practicable to manage the
network effectively to keep traffic moving. Section 31 of the Act specifically
states that the term “traffic” includes pedestrians, so the duty requires that
the movement of all road users be considered.
5 The Act seeks to tighten the existing regulatory framework within which
utility companies - gas, electricity, water and telecoms - are permitted to dig
up local roads, giving authorities more powers to co-ordinate works
effectively with the aim of minimising disruption. It also provides for
additional duties on highway authorities so that all works on the road are
better managed and co-ordinated.
6 The authority has to consider the needs of all road users, including utilities,
when carrying out its network management duty. The authority has to
manage the road space for everyone, and make decisions about trade-offs
between competing demands according to its policies and the particular
circumstances of the part of the network being considered.
7 The duty to identify current and future causes of congestion and disruption,
and to plan and take action accordingly, will mean that authorities will need
to have access to the information needed to do this. The needs of utilities
(and the authorities themselves) to work on roads, and the wide range of
road users, can all affect network capacity. It is important that authorities
promote pro-active co-ordination of the network, adopt a planned, evidence-
led approach to known events, and develop contingencies for the
unforeseen.
8 This will mean putting arrangements in place to gather accurate information
about planned works or events, consider how to organise them to minimise
their impact, and agree (or stipulate) their timing to best effect.
9 Network management is only one element of an authority's transport
activities and should complement its other policies and actions. It should
therefore look to embed the desired outcomes and appropriate policies and
strategies, including those for measuring service delivery performance,
within the LTP in order to achieve a coherent approach.
10 Part 3 of the Act provides for the creation of permit schemes under which
utilities, highway authorities (and others) wishing to dig up particular roads
would have to apply for permission to carry out works. Those operating
permit schemes (eg highway authorities) may attach conditions to the grant
of a permit (such as the dates during which works can take place) with a
view to reducing the disruption and inconvenience which works cause.
Local authorities have to treat their own works on an equal footing to those
carried out by others in deciding whether to issue a permit and what
conditions to attach. The details of how permit schemes operate is be set
out in regulations.
11 Part 4 of the Act includes a range of other new measures to control utility
works. At present, authorities can direct utilities not to carry out works at
particular times of day. The Act provides authorities with further powers to
direct utilities not to carry out their planned works on particular days, and
where appropriate, to tell them that their works should avoid certain routes
where it is reasonable to do so.
12 Currently, authorities can place a 12 month embargo on any more works
taking place (with certain exceptions, such as emergencies) on a road on
which major road works have just been carried out. The Act will allow
authorities to apply similar embargoes after major utility works, and will
allow the maximum length of the embargo to be changed through
regulations (eg increasing it to 3 years).
13 The Act will allow a more effective regime to be developed for inspecting the
works carried out by utilities. The aim would be to target poor performance
so as to improve the quality of works and reduce the amount of remedial
works and repairs and the unnecessary disruption that they cause.
14 The existing enforcement regime is only of limited effectiveness. The Act
raises the levels of fines payable by utility companies who commit offences
related to their street works (such as failing to reinstate the road to the
prescribed standard, or failing to heed an authority's directions not to carry
out works during particular hours). At the moment the maximum fines are
£1,000 - the Act will raise these levels, in some cases to £2,500, and in
others to £5,000. The Act also allows for authorities to issue offenders with
Fixed Penalty Notices.
15 The Act provides for additional responsibilities for highway authorities. It will
allow statutory guidance to be issued to authorities for safe working in the
road and will make it possible for authorities to be required to keep records
of their apparatus in the road. In both cases bringing highway authorities
into line with the existing requirements on utilities.
16 The Act also allows "lane rental" and overstaying charging powers (under
which, subject to regulations, utilities can be required to pay a daily charge
every time they dig up the road, or if they take too long) to be extended to
the owners of skips, scaffolding and other items (such as building materials)
that are left in the road.
17 Historic trends suggest that pressure on road networks, and in many cases,
traffic congestion, is likely to grow each year as the country becomes more
prosperous and more people can afford to own cars. Local traffic
authorities will need to consider the best ways to deal with any prospective
rise in demand.
18 Government and local authorities have been looking at ways of reducing the
demand so as to moderate or stem traffic growth even when the economy is
growing. This has resulted in changes to land use plans, the establishment
of school and workplace travel plans, and the promotion of tele-working
amongst other things. Thus the work of the planning authority, the local
education authority and economic development should all have cognisance
of the traffic management duty and the role of the Traffic Manager to enable
the expeditious flow of traffic both today and, through proactive planning, in
the future.
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