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Kloppite  
#1 Posted : 17 May 2016 08:36:22(UTC)
Rank: Forum user
Kloppite
Hi All Would NRSWA regs apply to the letter if works are on private roads or car parks, or could this be used as a guidance for a safe system of work ? Furthermore would our operatives need a NRSWA ticket ? Thanks in advance
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Sweep  
#2 Posted : 17 May 2016 08:53:48(UTC)
Rank: Forum user
Sweep
NRSWA doesn't apply and there is no need for a ticket. However, the guidance in the COP (Red Book) and Traffic Signs Manual (parts 1 and 2) should be considered if deemed relevant. You will also need to consider CDM 2015 regs and associated guidance for traffic routes. Competence will be derived from the controls documented in the risk assessment for the activity.
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Kloppite  
#3 Posted : 17 May 2016 09:02:31(UTC)
Rank: Forum user
Kloppite
Thank you Sweep .
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Alfasev  
#4 Posted : 17 May 2016 09:08:33(UTC)
Rank: Super forum user
Alfasev
NRSWA applies to “public roads”. A “public road” is any road were the public can use freely i.e. there are no access restrictions and can be privately owned. So if the road in question is a “public road” then yes. Typically these are on housing developments where the roads have yet to be adopted and toll roads. From my experience the majority of private roads have access restrictions. Car parks are not classed as roads and also have access restriction.
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Kloppite  
#5 Posted : 17 May 2016 09:48:19(UTC)
Rank: Forum user
Kloppite
All work takes place on a large shopping complex, The work is on Private delivery routes and public car park (on private land) access road.
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bigpub  
#6 Posted : 18 May 2016 09:10:54(UTC)
Rank: Forum user
bigpub
What does your RA say?
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JohnW  
#7 Posted : 18 May 2016 09:27:48(UTC)
Rank: Super forum user
JohnW
There have been cases where a judge has dismissed any suggestion that incidents/accidents took place on 'private road'. Delivery routes might say no entry to traffic but the public can still get entry and of course postmen and delivery drivers ARE members of the public anyway. So NRSWA regs I believe will apply to all the routes and car parks that you have mentioned. Any traffic accident you have involving serious injury would likely involve the police and HSE. They'd be looking for competencies, signage and risk assessments.
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A Brown  
#8 Posted : 18 May 2016 09:40:31(UTC)
Rank: Forum user
A Brown
In these situations I always take the view - if I'm uncertain over application of law on a detail point, you should apply the standards as if they are 'required' in line with the duty is to do all that is reasonably practicable to control risk, not to do 'what you have to'. Al
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