Road Works (Specified Road Works) (Amendment) (Jersey) Order 2018

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A decision made on 21 December 2018

Decision Reference: MD-T-2018-0070
Decision Summary Title :	Road Works (Specified Road Works) (Amendment) (Jersey) Order 2018		Date of Decision Summary:	20 December 2018
Decision Summary Author:	Senior Engineer – Transport Policy		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Road Works (Specified Road Works) (Amendment) (Jersey) Order 201-		Date of Written Report:	20 December 2018
Written Report Author:	Senior Engineer – Transport Policy		Written Report : Public or Exempt?	Public
Subject: Road Works (Specified Road Works) (Amendment) (Jersey) Order 2018
Decision(s): The Minister made the Road Works (Specified Road Works) (Amendment) (Jersey) Order 2018 in accordance with powers under the ‘Road Works and Events (Jersey) Law 2016: Article 6 - Meaning of “specified road works”.
Reason(s) for Decision: The added work types and amended circumstances (set out in the Amending Order) as to when certain proscribed activities in the original Order are ‘specified road works’ are appropriate.
Resource Implications: None
Action Required: To notify the Publications Editor and the Law Draftsman that the Order has been made; forward the signed and sealed Order to the Publications Editor, States Greffe; and request the Greffier of the States to arrange for its notification to the States.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

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Road Works (Specified Road Works) (Amendment) (Jersey) Order 2018

DEPARTMENT FOR INFRASTRUCTURE

ROAD WORKS (SPECIFIED ROAD WORKS) (AMENDMENT) (JERSEY) ORDER 2018

Purpose

To accompany the signature copy of the ‘Road Works (Specified Road Works) (Amendment) (Jersey) Order 2018’. The original Order proscribed certain activities under particular circumstances as being ‘specified road works’ within the meaning of ‘Article 6’ of the Law. The Amending Order amends those circumstances in a number of cases.

Background

The Road Works and Events (Jersey) Law 2016 came into force on January 1st 2018. The Law creates for the first time a comprehensive framework for the control and management of road works on the Island’s public roads. Principally this means legal underpinning for the operation of the ‘road work permit’ regime operated by the Department for Infrastructure (DfI) and the Parishes, etc.

The meaning of ‘road works’ in the Law includes ‘specified road works’. These are works, other than ‘undertaker works’ (i.e. utility related works), ‘highway authority works’ (to maintain the road) that are carried out in or adjacent to a road which use space in the road creating an obstacle or potential hazard. ‘Article 6: Meaning of “specified road works” of the Law makes provision for the Minister to proscribe what activities fall within that meaning and under what circumstances.

Discussion

Depending on the risk factors involved the Order takes one of two approaches to determining if such activities should be deemed as ‘specified road works’ and therefore falling within the scope of works requiring a ‘road works permit’. Where they are inherently high risk, such as ‘road side slope stabilisation works’, where debris may end up falling on the road then always. Otherwise it is only if (in the highway authority’s view) on assessment they require a road closure or traffic control (e.g. portable traffic lights, give and take, etc.) or where there is a need to close a footpath.

In formulating the list of activity types and circumstances, care has been taken to not ‘over regulate’, taking an ‘empirical approach’ to what should fall within the Law’s permit rules. The aim of these amendments is in part to ensure that householders carrying out maintenance to their property are not unduly caught by the Law’s requirements.

Amendment 1: Amends the current list of specified road works by setting out the circumstances in which ‘mobile scaffolding’ and other forms of mobile elevated working (in contrast to non-mobile scaffolding system) are included in the list. Amendments are also made so that certain activities relating to ‘using’ scaffolding are also “specified road works”, not just placing or removing scaffolding from a road.

Amendment 2: The Amending Order adjusts the list such that highway authorities are able to take a more discretionary approach to two activity types currently set as requiring a permit under all circumstances:

“constructing or repairing a wall on the side of a road “; and
“tree felling, not including hedge trimming and branchage”

Conclusion

Commencement of the ‘Road Works and Events (Jersey) Law 2016’ makes it necessary to define what work activity types and circumstances should fall within the meaning of ‘specified road works’. The Amending Order has been prepared to better reflect the public’s interest as to when road work permit regulation, etc. is necessary or appropriate.

Financial & Staffing Implications

There are no additional manpower, revenue or capital requirements arising from the Order for the States or Parishes.

Recommendation

The Minister is recommended to approve the ‘Road Works (Specified Road Works) (Amending) (Jersey) Order 2018’ as prepared.

Reason(s) for Decision

The added work types and amended circumstances (set out in the Amending Order) as to when certain proscribed activities in the original Order are ‘specified road works’ are appropriate.

Action Required

To notify the Publications Editor and the Law Draftsman that the Order has been made; forward the signed and sealed Order to the Publications Editor, States Greffe; and request the Greffier of the States to arrange for its notification to the States.

Written by:	Senior Engineer – Transport Policy
Approved by:	Director of Transport
Attachments:	Road Works (Specified Road Works (Amendment) (Jersey) Order 2018