TRANSPORT AND TECHNICAL SERVICES
Proposed Street Works Management LAW
Commencement of Drafting
Purpose of the Report
To obtain approval for the commencement of drafting of the ‘Street Works Management (Jersey) Law 201_’ by the States of Jersey Law Draftsman in accordance with the Instruction prepared by Transport and Technical Services Department (TTS) as Sponsor, following initial consultation with the Island’s Parish Highway Authorities, Statutory Undertakers and States of Jersey Law Officers.
Background
In Jersey, TTS and the Island’s twelve Parishes are responsible for regulating street works in relation to the roads and public areas they administer as Highway Authorities (as defined in the ‘Loi Sur la Voirie 1914’). However, TTS is unique in that it administers the Island’s network of trunk roads and in practice is often regarded by the public as having overall responsibility for co-ordinating activities and setting standards.
In recent years it has become apparent that the public expects street works to be more proactively managed and for investment in highway infrastructure to be better protected. TTS and the Parishes have responded to this by implementing improvements to their management regimes. However, despite progress efforts have been hampered by amongst other things:
· Dated and piecemeal legislation, which favours Utility Company ‘rights’ as Statutory Undertaker over Highway Authority ‘powers’, thus limiting progress beyond various voluntary arrangements; and
· Fragmented institutional arrangements, which limit the effectiveness of co-ordination efforts.
To achieve further progress and meet the increasing challenges that they face requires an overhaul of current street works related legislation. On this basis, TTS has applied for and obtained States Greffe law drafting time (approved in 2008) and is proposing the following changes:
· The introduction of a new ‘Street Works Management (Jersey) Law 201_’ covering the following thematic areas:
o New Street Works Permit Regime
o Emergency & Urgent Works
o Inspections & Enforcement
o Safety, Training, Licensing & Supervision
o Highway Embargos
o Highway Assets
o Utility Apparatus
o Recovery Of Street Work Related Costs
· Amendment to the existing legislative framework to support the new Law and its component provisions, as illustrated in Figure 1 (see attachment).
Discussion
TTS and the Parishes are seeking the introduction of a comprehensive new law (i.e. the ‘Street Works Management Law’) to govern street works, with the aim of:
· tightening the framework within which street works are carried out; giving Highway Authorities sufficient powers to co-ordinate, control, direct and effectively inspect street works (equivalent to those available in many other jurisdictions); and
· to facilitate an ‘Island wide’ approach to the regulation of street works, including the introduction of common codes, standards, policies, procedures and IT where relevant.
Although TTS is the sponsor of the legislative changes, it has nevertheless been careful to work in partnership with the Parishes, from the setting out of broad policy objectives to the formation of specific recommendations. This has been achieved with the agreement of the Comité des Connétables and the Parish Road Committees through the formation of a ‘Joint Highway Authority Working Group’. The Instruction has also been prepared in consultation with the Island’s Utility Companies, to ensure that their interests have been fully taken into account at an early stage in the development of the new Law. In addition, the Instruction has been reviewed by the Law Officers (at the request of TTS) to ensure its quality and to preclude extensive draft law revision later. TTS preparatory work to date in developing the Instruction is summarised in Table 1 (see attachment).
Recommendation
The Minister is recommended to approve the drafting of the ‘Street Works Management (Jersey) Law 201_’ in accordance with the Instruction as set out in the ‘Law Development Road Map’ (see Table 2 – attachment).
Reason(s) for Decision
The Minister agreed there was a need to overhaul street works legislation through the introduction of the ‘Street Works Management (Jersey) Law 201_’ and other proposed changes. He was also satisfied that adequate care had been taken by TTS in consulting relevant stakeholders (i.e. the Parishes and Statutory Stakeholders) in determining the new Law’s requirements and in preparing the Instruction as constituted.
Resource Implications
TTS Officer and Law Draftsmen’s time
Action Required
To forward a copy of the Instruction, itself comprising three documents:
· Background
· The Instruction
· Drafting Notes Part 1 & 2
together with a copy of the Ministerial Decision and Instructing Memorandum to the Law Draftsman.
Written by: | Streetworks Manager |
Approved by: | Director, Municipal Services |
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