INFRASTRUCTURE, HOUSING AND ENVIRONMENT
REVIEW, UPDATE AND DRAFTING OF ROAD TRANSPORT LEGISLATION
To set out the reasons for and the proposed approach to a review of existing Road and Traffic Laws and seek approval to progress the project, including agreement to instruct the Legislative Drafter (Roads and Transport) to undertake law drafting as part of the review process.
Background
It has been recognised for many years that there are significant deficiencies within current legislation relating to roads, which provide both operational challenges to the department as well as deficiencies in the range of powers that would normally be available to a Transport Authority.
Fundamental to this is an ill-defined, inconsistent concept of “road” in Jersey legislation which, in practice, focuses on roads used by vehicles to the detriment of other carriageways. The need to provide equity between different forms of carriageway, such as footpaths, cycleways and public space is of paramount importance. Without this, central features of the Government Plan, such as the Sustainable Transport Policy and the Carbon Neutral Strategy, will be very difficult to deliver.
A key purpose of the Law should therefore be to enable safer journeys whatever the mode of transport and provide the ability to share available space equitably between the various modes of transport.
Beyond this, in summary:
• Jersey’s existing road transport legislation is archaic, out of date and not fit for purpose: drastic updating is needed to bring it in line with other English-speaking jurisdictions world-wide.
• Road transport is one of the fastest moving and innovative areas in the modern world: without a wholesale revision, Jersey legislation will fall behind other jurisdictions by being unable to deal appropriately with future developments.
• As a result, in the long-term Jersey will fail to deliver fully on common strategic policies relating to such things as the economy; green transport; safety, including children’s safety; health and well-being.
Towards the end of 2020 and in the early part of 2021, an officer working group, with support from the Legislative Drafter (Roads and Transport) undertook considerable work in developing the document ‘Roads Law: Case for Change’, attached, which sets out in detail the key issues to address and a high-level approach and resource plan for implementation of this legislation project.
This document has been presented to the Transport senior management, the Director General of IHE and the Minister for Infrastructure.
Discussion
The detailed case for change report sets out the key issues and benefits of the review and identifies the likely resource requirements involved in progressing such an exercise. It also suggests that change should be progressed through addressing the following themes in order:
Theme 1: Road Authority structure and duties
• Addressing an overall legislation structure that is limited, outdated, and not fit for purpose.
Theme 2: Powers to keep and make roads safe
• Addressing the current limited Highway Authority statutory powers to keep roads safe, which are limited, spread over different enactments dating back to 1914 which fall far short of the powers available in most other English-speaking jurisdictions
Theme 3: Funding
• Addressing current limited powers for funding and cost recovery and providing wider powers in place in other jurisdictions, with the objectives of achieving sustainable funding and ensuring value for money.
Theme 4: Legislation structure
• Addressing the current complicated and outdated structure within which many provisions are obscure, unknown and difficult to find, through providing comprehensive road transport legislation where provisions are set out in a clear, accessible and coherent order.
Theme 5: Future proofing
• Addressing the inadequacy of the existing legislation to deal with future needs and enable the accommodation of future technologies and modes of transport crucial to the delivery of the Sustainable Transport Policy and the Carbon Neutral Strategy.
The proposed approach would be to develop policy and draft legislation by theme over time, leading to the creation of a new set of streamlined and appropriate Laws, which would then be placed before the Assembly for approval.
What is clear is that undertaking the above work will be time consuming, resource intensive and will require considerable engagement with a broad range of stakeholders. An outline programme (see Appendix A) suggests that this work will take at least four years to complete, possibly longer, and require significant officer time and possibly external support.
It will therefore be vital that the project is established on a firm footing; agreement to proceed is required from the Minister and, should he see fit, also from the Council of Ministers.
This will need to be followed by establishing formal project governance arrangements, through the establishment of a Project Board and delivery team, whose first task will be to agree a Project Initiation Document.
This report therefore seeks approval to progress the project and to establish the necessary resources and governance structure to achieve this.
Recommendation
The Minister is recommended to:
1) Agree that the work to review and replace Jersey road transport legislation should be progressed by the Transport section.
2) Instruct the Legislative Drafter (Roads and Transport) to undertake the necessary Law drafting required by the project.
3) Consider whether the Council of Ministers should be appraised of the proposal and/or be asked to agree to progress the review.
4) Agree that the next step should be the development of a formal Project Initiation Document setting out the work in more detail, along with a programme and appropriate governance arrangements.
Reason(s) for Decision
To enable the development of appropriate, fit for purpose road transport legislation which will be more effective, improve safety and provide a framework within which central features of the Government Plan, such as the Sustainable Transport Policy and the Carbon Neutral Strategy, can be delivered.
Financial and Manpower Implications
There are no additional manpower implications for the Government arising from proposed review, however commitment will be required on an ongoing basis, with a preliminary assessment below:
Role | Estimated commitment per month | Estimated commitment per annum |
Lead Officer (Transport) | 6 days | 72 days |
Legislative Drafter (Roads and Transport) | 8 days | 96 days |
Delivery Team | 2 days | 24 days |
Project Management/Support* | 6 days | 72 days |
*Could be internal or external.
In terms of financial implications, assuming internal roles are non-chargeable, the project may require a budget to cover external project management and possibly other items such as relating to consultation and communications (e.g. venue hire, design costs etc.). External project management is likely to cost between £45,000 and £50,000 per annum, depending on the extent of the role and level of effort.
Action Required
- Officers from the Transport section to develop a formal Project Initiation Document, including necessary engagement with Stakeholders.
- Commencement of the review and update of Jersey road transport legislation.
Written by: | Principal Engineer (Road) Network Management |
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Approved by: | Head of Transport, Highways and Infrastructure |
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Attachments: | Roads Law: Case for Change, December 2020. Appendix A – preliminary assessment of timescales |
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