road management act

Road Management Act – Works on Roads

November 2011

Road Management Act – Works on Roads

Presentation Summary

Background

Road Management Act overview

Management of Roads

Use of the Road

Consent for Works

Applying for Consent

Notification of Works

Consent and Notification Process

Worksite Safety

Working Within the Road Reserve

Reinstatement of Works

Resolution of Disputes

BackgroundInfrastructure 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:

communication and contact details – central database utility service level agreements – timeframes for hazardous

temporary reinstatement repair and permanent reinstatement road authority reinstatement standards – common across regional

areas consent for works applications – common templates and processes emergency works – definitions and guidelines education and training – this presentation

Road Management Act 2004Road Management Act 2004

OBJECTIVE OF THE ACT

Establish a coordinated management system for public roads that:

promotes safe and efficient State and local public road networks

provides for responsible use of road reserves for other legitimate purposes, such as provision of utility services

Sections 4 & 20 RMA

Register of Public

Roads

VicRoadsRMP

Road Management

Act

Road Management

Act

Road Safety

Act

Road Safety

Act

CoPRMPs

CoPR’ways/Trams

CoPUtilities

CoPW’site Safety

CoPC’ways

CoPOperatnal

RespPolicyAccess Mgmt

RS (Traff Mgmt)

Regs

RM (Wrks & Inf)

Regs

RM(General)

Regs

Management of RoadsManagement 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


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


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:

to an appropriate standard

to avoid causing damage to the road

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


Utility and Public Transport Infrastructure Managers

Works on Roads

Duty to reinstate roads:

as soon as is reasonably practicable

as near as reasonably practicable to equivalent standard as before works

Road Authority power to rectify works

may give notice that rectification works are required

may conduct the rectification works if road authority notice not complied with

may recover costs from infrastructure manager or works manager who conducted the original works

Schedule 7, clauses 6 & 19 RMA

Use of the RoadUse 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 RoadUse of the RoadNon-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 servicesSection 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 WorksConsent for Works

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


Exemptions from Consent – the Act

Works specified under other ActsEg tree clearing around power lines

(Electricity Safety Act)

As prescribed in Regulations

Works conducted in an emergencyEg burst water main – but not short term

planned /unplanned works

Section 63 RMA


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


“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



“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


Consent for WorksConsent 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



“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


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”.


“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:

underground works exceeding 100 metres

overhead works involving installation of more than one additional pole

in any other area, by means of:

underground works exceeding 300 metres

overhead works involving installation of more than 3 additional pole



Road Authority and Utility Works Affecting Public Transport (1)

Notification of Works where: works on or in the immediate vicinity of rail

infrastructure or rolling stock – likely to threaten its safety

works conducted by another infrastructure manager or works manager that could affect (public transport) infrastructure

Sections 48EA & 48EB and Schedule 7, clause 8, RMA

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 WorksConsent for WorksRoad Authority and Utility Works Affecting Public

Transport (2)

Consent for Works where: ‘minor works’ are “traffic impact works” that:

require deviation, replacement or cancellation of tram or bus

cause significant delay to tram or bus have significant impact on access to tram or bus stop


road closure or closure of tram tracks – any duration lane closure in peak period - >15 min duration of works and

tram / bus delay likely >2 min (Melbourne & regional centres) 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


Utility Works Requiring Multiple Road Openings

Applications for Consent:

single utility project that has multiple road openings / excavations should only require one consent for works application

Minor Works Exemptions:

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 WorksConsent for WorksWorks 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 WorksConsent for Works Road Opening Permits

required under Council “local law” – Not permitted to be used instead of consent for works application under Road Management Act

Road Management Act overrides any other Act if there is an inconsistency (includes local laws made under the Local Government Act)

can not require both ‘consent for works’ and ‘road opening permit’

Section 5 RMA

Asset Protection Permits can not be used for works within the road reserve (ie

instead of, or in addition to, ‘consent for works’)

only used where works on land abutting road reserve may damage Council assets

Applying for ConsentApplying for Consent

Application for Consent

Submit application form to Coordinating Road Authority (CRA):

includes information requirements to enable assessment

must notify other affected infrastructure managers

Consent application fee appliesSchedule 7, clauses 8 and 16 RMA

Applying for ConsentApplying for ConsentCRA Assessment Process

CRA must respond within 20 business days for all works other than: supply extension works - 15 business days; or 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 (MoA) does not give consent to conduct works

Applying for ConsentApplying for Consent

Conditions of Consent

CRA may impose reasonable conditions on a written consent in relation to the works, however:

for utilities / PT providers, CRA cannot impose certain conditions, including:

financial securities or indemnities (beyond 12 month warranty period)

technical design or installation techniques

visual amenity or aesthetics

above ground infrastructure to be placed under a road

Regulation 14, Road Management (Works and Infrastructure) Regulations 2005

Notification of WorksNotification of WorksNotification of Works – to CRA

Proposed installation of non-road infrastructure or related works in road reserve, but

exemptions apply:

to a utility, provider of public transport or responsible road authority (or their agents)

in an emergency

Schedule 7, clause 7 RMA and Regulation 11 RM (W&I) Regulations 2005

Completion of works (including reinstatement works)

must be within 7 business days

exemptions apply:

where a condition of a written consent given by CRA.

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 WorksNotification of Works

Notification of Works – to Provider of Public Transport

Works affecting Tram and Bus services:

road closures

lane interruptions – peak or off-peak

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 ProcessConsent and Notification Process

Standard ‘Works within Road Reserve’ Form encouraged

To be used by all CRAs, utilities and providers of public transport when:

proposing to install non-road infrastructure or related works in road reserve

applying for consent for works

notifying the completion of works

To help standardise communication process and minimise administrative costs


Worksite SafetyWorksite Safety

Road Safety Act – section 99A – 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 99A Road Safety Act


Responsibility for Safety of Works

The works manager must take all reasonable measures to:

minimise disruption to traffic

ensure the safety of the works for road users and adjoining properties;

make adequate provision for persons with a disability


Worksite SafetyWorksite SafetyTraffic Management Plans (TMP)

Must comply with the requirements as prescribed in the Road Safety (Traffic Management) Regulations 2009 (Regulation 32)

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

Government Gazette No. S 351

Worksite Safety – Traffic Management (WS-TM) Code of Practice


Memorandum of Authorisation (MoA)

Authorisation in writing from the relevant road authority (VicRoads 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 SafetyWorksite SafetyMoA - Works by Utilities / Public Transport ‘Works managers’ (including contractors) may use

without an MoA:

Works advisory devices Hand-held stop signs Works zone signs Temporary works speed limit signs (but no less than

40 km/h)provided

the works are “authorised” - ie. have consent of coordinating road authority or are exempt from consent (under Road Management Act)

all Traffic Control Devices are included in the TMP

Regulation 11, Road Safety (Traffic Management) Regulations 2009


MoA - 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:

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



MoA - Works by Utilities / Public Transport

Therefore, utilities & public transport operators ‘works managers’ (including contractors) only need to apply to VicRoads for an MoA in limited cases:

temporary traffic signals

speed limit signs less than 40 km/h

regulatory signs (other than speed limits), eg

No Right Turn, No Entry

Note: The MoA as required from VicRoads applies to works on freeways, arterial roads and municipal roads


Working within the Road Working within the Road ReserveReserve

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: conduct works at time and in a manner that minimises

inconvenience to road users? conduct works so as to minimise long term damage or disruption


Depth of Underground Utility Infrastructure

Underground utility infrastructure should be laid to depths that: conform to utility regulations and standards allow road authority maintenance and repair activities without

damaging underground utility infrastructure 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



Hours of Work (1)

Principles for management of works and infrastructure:

the avoidance or minimisation of disruption to traffic

the avoidance or minimisation of disruption to delivery of utility and public transport services

Section 20(2) RMA

“Traffic impact works” include:

works that cause a significant delay to traffic


Plan location of utility infrastructure such that installation and maintenance activities will:

minimise delays and inconvenience to traffic and road users

minimise interference with, and access to, public transport services



Hours of Work (2)

Works affecting Tram and Bus services:

road closure and/or tram track closure – consent

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

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


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



Dial Before You Dig

Road authorities recommended to contact Dial Before You Dig where proposed roadworks (or maintenance activities) may affect utility infrastructure


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: the location of any non-road infrastructure technical advice or assistance relating to the conduct of

works on non-road infrastructure in a safe manner



Redundant or Obsolete Utility Infrastructure in Road Reserves

Utilities to advise coordinating road authority of details of redundant or obsolete infrastructure:

where there is potential for deterioration that may affect road infrastructure or become a road safety hazard

where there are proposals to remove or treat such infrastructure

when requested by a road authority


Reinstatement of WorksReinstatement of WorksDuty to Reinstate – Utility Works Works manager, after completing works, must reinstate the

roadway, pathway, shoulder or roadside:

to the standard before the works commenced;

as promptly as reasonably practicable;

as nearly as reasonably practicable to an equivalent standard of quality and design; and

to restore features to assist persons with a disability.

Note: Road authority can not require ‘betterment’ of road infrastructure


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


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)



Further Information


‘A Guide to Working in the Road Reserve’ brochure (on VicRoads website)

CloseClose

road management act – works on roads november 2011

Documents

road consent

road note

nonroad infrastructure

management of roads

local public road networks

repair management systems

coordinated management