Road Management Act Works on Roads November 2011

Road Management Act – Works on Roads November 2011

Road Management Act – Works on Roads § Presentation Summary Ø Background Ø Road Management Act overview Ø Management of Roads Ø Use of the Road Ø Consent for Works Ø Applying for Consent Ø Notification of Works Ø Consent and Notification Process Ø Worksite Safety Ø Working Within the Road Reserve Ø Reinstatement of Works Ø Resolution of Disputes

Background Infrastructure Reference Panel Working Group § Established to address issues that relate to works on roads as identified by road authorities, utilities and providers of public transport during the stakeholder consultation phase of the review of the Road Management Act 2004 § Implementation Program – drafted actions aimed at developing improved and consistent processes for managing works on roads, including: Ø communication and contact details – central database Ø utility service level agreements – timeframes for hazardous temporary reinstatement repair and permanent reinstatement Ø road authority reinstatement standards – common across regional areas Ø consent for works applications – common templates and processes Ø emergency works – definitions and guidelines Ø education and training – this presentation

Road Management Act 2004 OBJECTIVE OF THE ACT Establish a coordinated management system for public roads that: Ø promotes safe and efficient State and local public road networks Ø provides for responsible use of road reserves for other legitimate purposes, such as provision of utility services Sections 4 & 20 RMA

Co. P RM (Wrks & Inf) R’ways/ Trams Regs RS (Traff Mgmt) Regs Road Safety Act Co. P Utilities RM (General) Regs Co. P RMPs Co. P W’site Safety Road Management Act Vic. Roads RMP Register of Public Roads Co. P C’ways Policy Access Mgmt Co. P Operatnal Resp

Management of Roads Road Authorities Statutory Duty § Section 40 of the Act imposes a statutory duty on road authorities to inspect, maintain and repair public roads § Failure to do this can result in liability for “breach of statutory duty” (“Highway rule” no longer applies) What standard is required? § If the road authority has a road management plan, the standard is set by that plan § Alternatively, the road authority may set a standard by a policy decision Note: If no RMP, or policy, the courts will determine the standard. Section 40 RMA

Management of Roads Road Management Plans Responsible road authorities may develop a Road Management Plan: § standards for inspection, maintenance and repair § management systems and policies for road management functions § accountability § policy defence Section 52 RMA

Management of Roads Utility and Public Transport Infrastructure Managers Statutory Duty § Schedule 7 (Part 1) imposes statutory duties on infrastructure managers and works managers to conduct works on roads safely and to maintain their infrastructure: Ø to an appropriate standard Ø to avoid causing damage to the road Ø to repair any damage caused to the road Note: OH&S requirement for safe design to enable safe maintenance What standard is required? § Defence against claims for damages to prove reasonable care was taken to ensure non-road infrastructure was not dangerous to traffic Schedule 7, clauses 6 & 11 and section 105(2) RMA

Management of Roads Utility and Public Transport Infrastructure Managers Works on Roads § Duty to reinstate roads: Ø as soon as is reasonably practicable Ø as near as reasonably practicable to equivalent standard as before works § Road Authority power to rectify works Ø may give notice that rectification works are required Ø may conduct the rectification works if road authority notice not complied with Ø may recover costs from infrastructure manager or works manager who conducted the original works Schedule 7, clauses 6 & 19 RMA

Use of the Road Non-Road Infrastructure in Road Reserves § Road authority, in exercising its functions and powers, should: “facilitate the appropriate use of the road reserve for non-road infrastructure and the effective and efficient delivery of utility and public transport services. ” Section 38(2)(e) RMA

Use of the Road Non-Road Infrastructure in Road Reserves Positioning of Non-Road Infrastructure § comply with good engineering practice and industry standards § design and installation to minimise damage to roads and risk to safety of road users § minimise cost to the community in providing infrastructure and services Section 20 and Schedule 7 RMA Code of Practice – Management of Infrastructure in Road Reserves § minimise sight distance obstructions § avoid longitudinal placement in freeway reserves § minimise damage to street trees and high conservation roadsides § consider future road infrastructure improvements or maintenance Part 3, Division 1 Code of Practice - Management of Infrastructure in Road Reserves

Consent for Works on Roads – section 63 § Must have consent of the Coordinating Road Authority (CRA) § Act & Regulations prescribe certain exemptions from consent / notice for certain works § Offence to conduct works without written consent Section 63 and clause 16, Schedule 7 RMA

Consent for Works Exemptions from Consent – the Act § Works specified under other Acts Eg tree clearing around power lines (Electricity Safety Act) § As prescribed in Regulations § Works conducted in an emergency Eg burst water main – but not short term planned /unplanned works Section 63 RMA

Consent for Works Exemptions from Consent – the Regulations § Road Management (Works & Infrastructure) Regs 2005 (as amended) § “Minor works” other than “traffic impact works” § Applies to: • a Utility or its Agent; or • A Provider of Public Transport or its Agent; or • a Road Authority or its Agent Regulation 5, Road Management (Works & Infrastructure) Regulations Note: Other exemptions also apply

Consent for Works “Minor Works” - Exemptions from Consent (1): Works consisting of: § repair or maintenance of poles § replacement or relocation of a single pole in an urban area § replacement or relocation of not more than 3 poles in an area that is not an urban area § installation, repair or maintenance of aerial cables or other overhead non-road infrastructure § connection of a consumer to a service – other than “supply extension works” § using an access hole for repairing or maintaining infrastructure under a road Regulation 4, Road Management (Works & Infrastructure) Regulations

Consent for Works “Minor Works” - Exemptions from Consent (2): Works consisting of: § repair or maintenance of street lighting § removal of a tree or vegetation in accordance with an Act other than the Road Management Act § excavation of the roadway, pathway or shoulder less than 8. 5 square metres. § excavation of any part of a road other than a roadway, pathway or shoulder Regulation 4, Road Management (Works & Infrastructure) Regulations

Consent for Works “Minor Works” – Consent Required where Minor Works are: Traffic Impact Works – being works: § on a freeway § on an arterial road that requires deviation of vehicles into an on-coming traffic lane § in a clearway when in operation § on, or that affects, a bridge or structure § that require closure to vehicles of part of a roadway for a continuous period of more than 12 hours or more than 24 hours in 7 days § that cause a significant delay to traffic on an arterial road or municipal road Regulation 4, Road Management (Works & Infrastructure) Regulations

Consent for Works “Minor Works” – Consent Required where Minor Works are (cont’d): Traffic Impact Works – being works affecting Public Transport: § that require deviation (to a different road), replacement or cancellation of a tram or bus § that cause a significant delay to a tram or bus § that have a significant impact on access to a tram stop or bus stop Regulation 4, Road Management (Works & Infrastructure) Regulations Note: Future “Traffic Impact Works” are proposed to be declared by the Minister for Roads under the Regulations – to clarify further the meaning of “significant”.

Consent for Works “Minor Works” – Consent Required where Minor Works are : Supply Extension Works – being works involving the connection of a consumer to a service: § in an urban area, by means of: Ø underground works exceeding 100 metres Ø overhead works involving installation of more than one additional pole § in any other area, by means of: Ø underground works exceeding 300 metres Ø overhead works involving installation of more than 3 additional pole Regulation 4, Road Management (Works & Infrastructure) Regulations

Consent for Works Road Authority and Utility Works Affecting Public Transport (1) § Notification of Works where: Ø works on or in the immediate vicinity of rail infrastructure or rolling stock – likely to threaten its safety Ø works conducted by another infrastructure manager or works manager that could affect (public transport) infrastructure Sections 48 EA & 48 EB and Schedule 7, clause 8, RMA Ø works that require the closure of a tram or bus stop for more than 2 hours – 10 business days notice Table 1, clause 44, Code of Practice – Management of Infrastructure in Road Reserves

Consent for Works Road Authority and Utility Works Affecting Public Transport (2) § Consent for Works where: Ø ‘minor works’ are “traffic impact works” that: ü require deviation, replacement or cancellation of tram or bus ü cause significant delay to tram or bus ü have significant impact on access to tram or bus stop Regulation 4, Road Management (Works & Infrastructure) Regulations Ø road closure or closure of tram tracks – any duration Ø lane closure in peak period - >15 min duration of works and tram / bus delay likely >2 min (Melbourne & regional centres) Ø lane closure in off-peak period - >2 hour duration of works and tram / bus delay likely >5 min (Melb & regional centres) Table 1, clause 44, Code of Practice – Management of Infrastructure in Road Reserves Note: The Coordinating Road Authority should forward any consent for works applications to the relevant provider of public transport where works affect public transport. Clause 45, Code of Practice – Management of Infrastructure in Road Reserves

Consent for Works Utility Works Requiring Multiple Road Openings § Applications for Consent: Ø single utility project that has multiple road openings / excavations should only require one consent for works application § Minor Works Exemptions: Ø IRP Working Group agreed consent required where a utility project has multiple road openings / excavations which when combined exceed the ‘minor works’ threshold (ie. 8. 5 sq metres of roadway, pathway or shoulder) Note: This position to be incorporated into relevant guidance material.

Consent for Works Conducted in an Emergency § Works conducted in an emergency by, or with the authority of, the relevant infrastructure manager are exempt from consent § Make site safe is a priority § Examples: Gas main explosion, burst water main, power lines over road (ie. conducted by a utility in relation to an emergency), disruption of an essential service – not short term planned or unplanned works – definition to be prepared Section 63(2)(e) RMA Notification of Emergency Works § Notify coordinating road authority as soon as is reasonably practicable Schedule 7, clause 7(2) RMA Permanent Reinstatement after Emergency - Consent § Consent for works required if permanent reinstatement is not planned for completion within 20 days of temporary reinstatement

Consent for Works § Road Opening Permits Ø required under Council “local law” – Not permitted to be used instead of consent for works application under Road Management Act Ø Road Management Act overrides any other Act if there is an inconsistency (includes local laws made under the Local Government Act) Ø can not require both ‘consent for works’ and ‘road opening permit’ Section 5 RMA § Asset Protection Permits Ø can not be used for works within the road reserve (ie instead of, or in addition to, ‘consent for works’) Ø only used where works on land abutting road reserve may damage Council assets

Applying for Consent Application for Consent § Submit application form to Coordinating Road Authority (CRA): Ø includes information requirements to enable assessment Ø must notify other affected infrastructure managers § Consent application fee applies Schedule 7, clauses 8 and 16 RMA

Applying for Consent CRA Assessment Process § CRA must respond within 20 business days for all works other than: Ø supply extension works - 15 business days; or Ø connection of consumer to a service – 3 business days. § Consent may be “deemed” if no response from CRA within the relevant periods above Schedule 7, clause 17 RMA and Regulation 17, RM(W&I) Regulations 2005 § CRA must consult with the responsible road authority if affected by works by an infrastructure manager Schedule 7, clause 16 RMA § CRA to include reasonable conditions requested by public transport infrastructure manager or provider of public transport where works will affect public transport infrastructure or services Clauses 36 and 45, Code of Practice – Management of Infrastructure in Road Reserves Note: A Memorandum of Authorisation (Mo. A) does not give consent to conduct works

Applying for Consent Conditions of Consent § CRA may impose reasonable conditions on a written consent in relation to the works, however: Ø for utilities / PT providers, CRA cannot impose certain conditions, including: ü financial securities or indemnities (beyond 12 month warranty period) ü technical design or installation techniques ü visual amenity or aesthetics ü above ground infrastructure to be placed under a road Regulation 14, Road Management (Works and Infrastructure) Regulations 2005

Notification of Works – to CRA § Proposed installation of non-road infrastructure or related works in road reserve, but Ø exemptions apply: ü to a utility, provider of public transport or responsible road authority (or their agents) ü in an emergency Schedule 7, clause 7 RMA and Regulation 11 RM (W&I) Regulations 2005 § Completion of works (including reinstatement works) Ø must be within 7 business days Ø exemptions apply: ü where a condition of a written consent given by CRA. ü minor works – other than: - traffic impact works; or - where any excavation of roadway, pathway or shoulder Schedule 7, clause 13 RMA and Regulations 5 and 9 RM (W&I) Regulations 2005

Notification of Works – to Provider of Public Transport § Works affecting Tram and Bus services: Ø road closures Ø lane interruptions – peak or off-peak Ø tram or bus stop closure § Notification and consent requirements subject to duration of works Clauses 43 to 47, Code of Practice for Management of Infrastructure in Road Reserves

Consent and Notification Process Standard ‘Works within Road Reserve’ Form encouraged § To be used by all CRAs, utilities and providers of public transport when: Ø proposing to install non-road infrastructure or related works in road reserve Ø applying for consent for works Ø notifying the completion of works § To help standardise communication process and minimise administrative costs Clause 35, Code of Practice – Management of Infrastructure in Road Reserves

Worksite Safety Road Safety Act – section 99 A – Safety of Works § An offence if a person (eg. works manager) does not conduct works safely by failing to: – have in operation a traffic management plan; – give appropriate warnings to road users; – engage appropriately trained and qualified persons to carry out the works or direct traffic; or – give appropriate directions to the persons carrying out the works Penalty: 60 penalty units Section 99 A Road Safety Act

Worksite Safety Responsibility for Safety of Works § The works manager must take all reasonable measures to: Ø minimise disruption to traffic Ø ensure the safety of the works for road users and adjoining properties; Ø make adequate provision for persons with a disability Schedule 7, clause 11 RMA

Worksite Safety Traffic Management Plans (TMP) § Must comply with the requirements as prescribed in the Road Safety (Traffic Management) Regulations 2009 (Regulation 32) Ø Code of Practice for Worksite Safety – Traffic Management provides good practice guidance § Must be maintained, and available for inspection, at the worksite at all times when workers are present Note: Penalty applies - 6 penalty units (or approx $700) Regulations 32 & 33, Road Safety (Traffic Management) Regulations 2009 § Works manager responsible for safety of worksite – road authority approval of TMP not required § Works manager to keep records of any changes to TMP Clauses 12 and 16, Code of Practice for Worksite Safety – Traffic Management

Worksite Safety – Traffic Management (WS-TM) Code of Practice Government Gazette No. S 351

Worksite Safety Memorandum of Authorisation (Mo. A) § Authorisation in writing from the relevant road authority (Vic. Roads or Council) to erect, remove or alter traffic control devices § It can be for specific works or an event, or it may be generic Road Safety (Traffic Management) Regulations 2009

Worksite Safety Mo. A - Works by Utilities / Public Transport § ‘Works managers’ (including contractors) may use without an Mo. A: Works advisory devices Hand-held stop signs Works zone signs Temporary works speed limit signs (but no less than 40 km/h) provided Ø Ø Ø the works are “authorised” - ie. have consent of coordinating road authority or are exempt from consent (under Road Management Act) Ø all Traffic Control Devices are included in the TMP Regulation 11, Road Safety (Traffic Management) Regulations 2009

Worksite Safety Mo. A - Works by Utilities / Public Transport § Works advisory devices are defined as all devices used to warn, guide or advise traffic at work sites. § They include: Ø Ø Ø roadworks or road workers ahead signs no linemarking signs detour or lane closure signs road closed or part road closed signs road humps traffic cones or bollards § They exclude regulatory traffic control devices Regulation 11, Road Safety (Traffic Management) Regulations 2009

Worksite Safety Mo. A - Works by Utilities / Public Transport § Therefore, utilities & public transport operators ‘works managers’ (including contractors) only need to apply to Vic. Roads for an Mo. A in limited cases: Øtemporary traffic signals Øspeed limit signs less than 40 km/h Øregulatory signs (other than speed limits), eg ü No Right Turn, No Entry Note: The Mo. A as required from Vic. Roads applies to works on freeways, arterial roads and municipal roads Regulation 11, Road Safety (Traffic Management) Regulations 2009

Working within the Road Reserve Utility Works - Boring vs Excavation of Roadway § If practicable, use methods which do not excavate or break up the surface of the roadway or pathway § If necessary to excavate or break up roadway or pathway: Ø conduct works at time and in a manner that minimises inconvenience to road users? Ø conduct works so as to minimise long term damage or disruption Schedule 7, clause 5 RMA Depth of Underground Utility Infrastructure § Underground utility infrastructure should be laid to depths that: Ø conform to utility regulations and standards Ø allow road authority maintenance and repair activities without damaging underground utility infrastructure Ø allow tram and train operations and track maintenance Note: Guidance on depths is provided in clause 24, Code of Practice – Management of Infrastructure in Road Reserves Clause 24, Code of Practice – Management of Infrastructure in Road Reserves

Working within the Road Reserve Hours of Work (1) § Principles for management of works and infrastructure: Ø the avoidance or minimisation of disruption to traffic Ø the avoidance or minimisation of disruption to delivery of utility and public transport services Section 20(2) RMA § “Traffic impact works” include: Ø works that cause a significant delay to traffic Regulation 4, Road Management (Works & Infrastructure) Regulations § Plan location of utility infrastructure such that installation and maintenance activities will: Ø minimise delays and inconvenience to traffic and road users Ø minimise interference with, and access to, public transport services Clause 21, Code of Practice – Management of Infrastructure in Road Reserves

Working within the Road Reserve Hours of Work (2) § Works affecting Tram and Bus services: Ø road closure and/or tram track closure – consent Ø lane interruption between 6 - 9 am or 3 – 7 pm - consent Note: “Lane interruption” means temporary interruption of traffic flow in a lane (including lane closure) which may impact on public transport services but excludes works vehicles legally parked or works located within a legal parking area which do not significantly encroach onto an adjacent traffic lane. § “Lane interruption” works are not restricted to between 9 am and 3 pm – but these works do require consent Ø work arrangements may be negotiated with coordinating road authority to minimise impacts on public transport and allow works to proceed within peak times. Clause 44 and Table 1, Code of Practice – Management of Infrastructure in Road Reserves

Working within the Road Reserve Compliance with Conditions of Consent § Works manager must comply with all conditions of a written consent to conduct works within road reserve § Offence to fail to comply with conditions of consent Section 65 RMA § Any required changes or variations to the plans or specifications for the works should be negotiated with the coordinating road authority Clause 54, Code of Practice – Management of Infrastructure in Road Reserves

Working within the Road Reserve Dial Before You Dig § Road authorities recommended to contact Dial Before You Dig where proposed roadworks (or maintenance activities) may affect utility infrastructure Clause 60, Code of Practice – Management of Infrastructure in Road Reserves § Utilities should also contact Dial Before You Dig when planning for proposed utility works Duty to Provide Information § Non-road infrastructure manager must comply with a request from a road authority for information regarding: Ø the location of any non-road infrastructure Ø technical advice or assistance relating to the conduct of works on non-road infrastructure in a safe manner Schedule 7, clause 9 RMA

Working within the Road Reserve Redundant or Obsolete Utility Infrastructure in Road Reserves § Utilities to advise coordinating road authority of details of redundant or obsolete infrastructure: Ø where there is potential for deterioration that may affect road infrastructure or become a road safety hazard Ø where there are proposals to remove or treat such infrastructure Ø when requested by a road authority Clause 58, Code of Practice – Management of Infrastructure in Road Reserves

Reinstatement of Works Duty to Reinstate – Utility Works § Works manager, after completing works, must reinstate the roadway, pathway, shoulder or roadside: Ø to the standard before the works commenced; Ø as promptly as reasonably practicable; Ø as nearly as reasonably practicable to an equivalent standard of quality and design; and Ø to restore features to assist persons with a disability. Note: Road authority can not require ‘betterment’ of road infrastructure Schedule 7, clause 12 RMA § Utility infrastructure manager or works manager is responsible for maintenance of reinstatement works for a period of 12 months § Reinstatement works conducted by road authority – road authority accepts ongoing responsibility for works Clause 56, Code of Practice – Management of Infrastructure in Road Reserves

Resolution of Disputes Dispute between Road Authority and Utility or Provider of Public Transport § determined by the relevant Ministers or their nominees § have regard to RMA ‘works and infrastructure management principles’ – section 20(2) RMA Section 125 RMA § from practical perspective, seek resolution as quickly as possible by parties at the workface – with escalation as necessary (without involving Ministers) Clause 72, Code of Practice – Management of Infrastructure in Road Reserves

Working within the Road Reserve Further Information

Working within the Road Reserve ‘A Guide to Working in the Road Reserve’ brochure (on Vic. Roads website)

Working within the Road Reserve

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