Highway Management (Jersey) Law 200- Interim Progress Report.

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A decision made (21/11/2008) regarding: Highway Management (Jersey) Law 200- Interim Progress Report.

Decision Reference: MD-T-2008-0107
Decision Summary Title :	Highway Management (Jersey) Law 200_ Interim Progress Report	Date of Decision Summary:	19 November 2008
Decision Summary Author:	Carl Dodd – Streetworks Manager	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:
Written Report Title :	Highway Management (Jersey) Law 200_ Interim Progress Report	Date of Written Report:	19 November 2008
Written Report Author:	Carl Dodd – Streetworks Manager	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Highway Management (Jersey) Law 200_ Interim Progress Report
Decision(s): The Minister agreed the outline recommendations for the proposed ‘Highway Management Law (Jersey) Law 200_’. The Minister agreed the proposed Roadmap for progressing the law’s development.
Reason(s) for Decision: To enable further development and progress of the Highway Management (Jersey) Law 200_
Resource Implications: None
Action required: To complete consultation with the Island’s Utility Companies and obtain TTS / Parish resolution regarding any proposed changes to current law recommendations. Beyond this to follow the steps set out in the Road Map.
Signature:		Position:
Date Signed:		Date of Decision (if different from Date Signed):

Highway Management (Jersey) Law 200- Interim Progress Report.

TRANSPORT AND TECHNICAL SERVICES

HIGHWAY MANAGEMENT (JERSEY) LAW 200_

INTERIM PROGRESS REPORT

Purpose of the Report

The purpose of the interim progress report is:

To advise the Minister of progress in the development of joint TTS / Parish law instruction requirements.
To enable the Minister to sign off current law recommendations prepared by the Joint Highway Authority Working Group (See Attachment No.1).
To enable the Minister to sign off the proposed roadmap for progressing the law’s development (See Attachment No.2).

Background

In Jersey, responsibility for regulating street-based activities (including streetworks) lies in the hands of Transport & Technical Services (TTS) and the Island’s twelve Parishes in relation to the roads and public areas they administer as Highway Authorities.

In recent years it has become apparent that the public expects much better management of street-based activities and that investment in road infrastructure is more actively protected. TTS has responded to this by implementing significant changes to its management regime. However despite progress, efforts have been hampered by dated and piecemeal streetworks legislation, thus limiting progress beyond various voluntary arrangements.

To achieve further progress and meet the increasing challenges that TTS and the Parishes face, new powers are required equivalent to those available in many other jurisdictions in the British Isles.

To address this TTS is proposing the introduction of new primary legislation (the Highway Management Law (Jersey) 200_) and has secured law drafting time commencing early 2009.

Discussion

In preparation for law drafting TTS has developed a policy framework identifying its principal law instruction requirements and initiated the formation of a ‘Joint Highway Authority Working Group’ (the Working Group) with representatives from the Island’s 12 Parish Road Committees to identify joint law instruction requirements.

The Working Group has now completed its initial review and has secured the endorsement of the Island’s Roads Committees and Comité des Connétables for its ‘Law Review Recommendations’.

The Working Group has also initiated a pre-instruction consultation exercise with Island’s Utility Companies, with formal comments due to be received by TTS on 5th December. It is therefore anticipated that prior to the development of the formal law instruction, amendments to the Working Group’s current law recommendations will need to be taken back to the Island’s Roads Committees and Comité des Connétables for approval.

It is expected that the completed law instruction will be presented to the Minister for consideration and approval in early February 2009.

Recommendation

The Minister is recommended to endorse the Joint Highway Authority Working Group’s ‘Law Review Recommendations’ and the proposed roadmap for progressing the law’s development.

Action Required

To complete consultation with the Island’s Utility Companies on the basis of the basis of the Law Review Recommendations and obtain TTS / Parish resolution regarding any proposed changes to. Beyond this to follow the steps set out in the Road Map.

Written by:	Carl Dodd – Streetworks Manager

Approved by:	Chris Sampson – Director, Municipal Services

Attachments:

Joint Highway Authority Working Group – Law Review Recommendations
Proposed Highway Management Law Road Map

CD/46

19th November 2008