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Just having a dig through a briefing and one report says that Transport for London have prosecuted BT for failures during street works in London, resulting in a £90K fine.
While the prosecution itself is justifiable I'm actually more interested in TfL being the organisation doing the prosecuting. Is this a London centric thing or is TfL the part of the LA doing the prosecuting? Just curious really, but I think I may have answered my own question
Thanks,
jim
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TfL act as the LA on certain routes through London so issuing permits etc.
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2 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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TfL act as the LA on certain routes through London so issuing permits etc.
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2 users thanked Roundtuit for this useful post.
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The report does not specify the legislation the proescution was brought under - might not be HASAW which i would expect to be HSE. Dont deal with streat works and London has some different bylaws to rest of country, so someone may have a better explanation.
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1 user thanked gotogmca for this useful post.
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Sec 65 NRSWA covers safety. The Traffic Management Act also allows local authorities to bring cases to court for permiting offences.
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1 user thanked Sweep for this useful post.
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NRSA being New Roads and Street Works Act 1991I take it? (Thank you google - other search engines are avialable) Every day is a learning day!
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Originally Posted by: Brian Hagyard NRSA being New Roads and Street Works Act 1991I take it? (Thank you google - other search engines are avialable) Every day is a learning day!
acronyms don't you just love them or AndDYJiLT as we say!
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Rank: Super forum user
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And just in case anybody wants the actual legislation: New Roads and Street Works Act 1991- Section 65 Safety measures. - An undertaker executing street works shall secure—
- that any part of the street which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and
- that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the street, having regard, in particular, to the needs of people with a disability.
- In discharging in relation to a highway his duty with respect to the placing, maintenance or operation of traffic signs, an undertaker shall comply with any directions given by the traffic authority.
Note that as has been said it is the highways authority for that road that are responsible for the enforcement of this legislation.
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“TfL have prosecuted BT for streetworks offences 47 times since 2010 and they still continue to breach the rules”.
Hmmm…..
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Originally Posted by: Elfin Davy 09 “TfL have prosecuted BT for streetworks offences 47 times since 2010 and they still continue to breach the rules”.
Hmmm…..
Could this be because under Section 65 New Roads and Street Works Act 1991, the offence is a summary one and on a conviction the fine cannot exceeding level 3 on the standard scale - £1000 a pop?
Cynic working here
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