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ExDeeps  
#1 Posted : 10 April 2018 11:11:34(UTC)
Rank: Forum user
ExDeeps

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

Roundtuit  
#2 Posted : 10 April 2018 11:40:08(UTC)
Rank: Super forum user
Roundtuit

TfL act as the LA on certain routes through London so issuing permits etc.

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ExDeeps on 10/04/2018(UTC)
Brian Hagyard  
#3 Posted : 10 April 2018 14:07:15(UTC)
Rank: Super forum user
Brian Hagyard

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.

gotogmca  
#4 Posted : 10 April 2018 14:26:34(UTC)
Rank: Forum user
gotogmca

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ExDeeps on 10/04/2018(UTC)
Sweep  
#5 Posted : 10 April 2018 14:33:49(UTC)
Rank: Forum user
Sweep

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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ExDeeps on 10/04/2018(UTC)
Brian Hagyard  
#6 Posted : 10 April 2018 15:07:47(UTC)
Rank: Super forum user
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!

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ExDeeps on 10/04/2018(UTC)
A Kurdziel  
#7 Posted : 11 April 2018 08:26:45(UTC)
Rank: Super forum user
A Kurdziel

Originally Posted by: Brian Hagyard Go to Quoted Post

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!

A Kurdziel  
#8 Posted : 11 April 2018 08:50:19(UTC)
Rank: Super forum user
A Kurdziel

And just in case anybody wants the actual legislation:

New Roads and Street Works Act 1991- Section 65 Safety measures.

  1. An undertaker executing street works shall secure—
  1. 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
  2. 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.
  1.  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.

Elfin Davy 09  
#9 Posted : 11 April 2018 09:53:48(UTC)
Rank: Forum user
Elfin Davy 09

“TfL have prosecuted BT for streetworks offences 47 times since 2010 and they still continue to breach the rules”.

Hmmm…..

A Kurdziel  
#10 Posted : 11 April 2018 10:44:50(UTC)
Rank: Super forum user
A Kurdziel

Originally Posted by: Elfin Davy 09 Go to Quoted Post

“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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