Growth, Housing and Environment

Road Works and Events (Jersey) Law 2016

Permit Charging Policy

___________________________________________________________________

Issued October 2018

Last Updated October 2018

Author Carl Dodd, Senior Engineer- Transport Policy

___________________________________________________________________

2

Contents

Introduction ........................................................................................................................... 4

1 The RWEL meaning of “Road works” ............................................................................. 5

1.1 Undertaker Works ................................................................................................... 5

1.2 Specified Road Works ............................................................................................ 5

1.3 Contracted Highway Authority Works ...................................................................... 5

2 Requirements and Exemptions from Road Works Permits ............................................. 6

3 Permit Fee Tariff ............................................................................................................ 7

3.1 Basic Fees .............................................................................................................. 9

3.1.1 Split Highway Authority Works ......................................................................... 9

3.1.2 Emergency Works and Urgent Works .............................................................. 9

3.2 Variation Fee ........................................................................................................ 10

3.2.1 Split Highway Authority Works ....................................................................... 10

When a single works project affects roads administered by two ................................... 10

3.2.2 Overrunning and Late Completion Notices ..................................................... 10

3.3 Reinstatement Inspection Fee............................................................................... 11

3.3.1 Split Highway Authority Works ....................................................................... 11

3.3.2 Other types of Inspection Fees ...................................................................... 11

3.3.3 Exemptions from Reinstatement Inspection Fees .......................................... 11

3.3.4 Late Reinstatement Registration Charge ....................................................... 12

3.4 Delegations ........................................................................................................... 12

3.4.1 Delegated Promoter ....................................................................................... 12

3.4.2 Delegated Highway Authority ......................................................................... 12

3.5 Annual Review of Permit Fee Tariff ....................................................................... 12

4 Fee Waivers ................................................................................................................. 13

4.1 Long Term Planning and Date Reservation .......................................................... 13

4.2 Cancellation of a Permit ........................................................................................ 13

4.3 Missed Deadline by Highway Authority ................................................................. 13

4.4 Refusal of Permit or Variation ............................................................................... 13

4.5 Revocation of Permit ............................................................................................. 13

4.6 Variation of Permit at Highway Authority’s Initiative ............................................... 13

4.7 Suspension of Permit ............................................................................................ 14

4.8 Ministerial Waivers ................................................................................................ 14

5 Permit Fee Calculation and Settlement ........................................................................ 15

3

5.1 Fee Calculation ..................................................................................................... 15

5.2 Invoicing and Settlement ....................................................................................... 15

6 Scaffolding Fees .......................................................................................................... 16

7 Appendix 1: Traffic Impact Assessment ....................................................................... 17

7.1 Type A .................................................................................................................. 17

7.2 Type B .................................................................................................................. 18

8 Appendix 2: Road Hierarchy and Restrictions Maps .................................................... 19

8.1 Map 1: Road Hierarchy ......................................................................................... 19

8.2 Map 2: Peak Time Restrictions ............................................................................. 20

9 Appendix 3: Minimum Permit Application Periods and Deadlines ................................. 21

9.1 Promoter: .............................................................................................................. 21

9.2 Highway Authority: ................................................................................................ 21

4

Introduction

The ‘Road Works and Events (Jersey) Law 2016’ (RWEL), was sponsored by the States of

Jersey as the highway authority for the Island’s strategic network of ‘main roads’ (of which

there are 275 Km) with the support of the Parishes who are responsible for local ‘by roads’

(of which there are 475 Km).

The RWEL was commended by Appointed Day Act on 1st January 2018.

Under the RWEL, the Island’s 13 highway authorities have a ‘network management duty’

covering the ‘expeditious’ movement of traffic, safety, minimising inconvenience (having

particular regard to people with a disability), the need to protect the structure of the road and

apparatus in it.

‘Article 13(6)’ of the Law states that:

“A person who makes an application [for a road works permit] shall pay such fee [to the

relevant highway authority] as the Minister may prescribe [by Order]”.

This fee is intended to provide highway authorities with a means of recovering costs

associated with the management and inspection of road works.

Also ‘Article 15(1) states that:

“A permit granted under Article 14 [Grant or refusal of a permit] shall be subject to such

standard conditions that are applicable to that permit at the date it is granted.”

This policy document outlines the rules and logistics for introducing and implementing permit

charging for road works in Jersey from 1st January 2019.

5

1 The RWEL meaning of “Road works”

1.1 Undertaker Works

Works carried out in a road, under a statutory power for example utility companies,

drainage authority, private owners of apparatus, etc. in order to place, inspect, maintain,

repair, replace or remove electricity, gas, telecoms, water and sewerage infrastructure

(termed “apparatus”).

Often this involves the ‘breaking up’ or ‘excavation’ of the road, which then requires

reinstatement.

1.2 Specified Road Works

Works prescribed by the ‘Road Works (Specified Road Works) (Jersey) Order 2018 that

are carried out in or adjacent to a road which use space in the road creating an obstacle

or potential hazard.

Typically, this means that the work, in the highway authority’s view, requires a road

closure or traffic control such as portable traffic lights, or where there is a footpath

closure.

Specified work types include:

operating a mobile crane

building construction and maintenance (including exterior cleaning)

constructing or repairing road side walls

road side stabilisation works

tree felling

constructing or modifying a vehicle entrance

survey work

scaffolding

skips

1.3 Contracted Highway Authority Works

Works for the highway authority in order to maintain or improve the road and its

associated infrastructure.

Whilst some of this work is carried out by ‘direct labour’, most are ‘contracted out’

through competitive tender.

6

2 Requirements and Exemptions from Road Works Permits

Under ‘Article 11’ of the RWEL a person must not carry out road works unless the works are

authorised by a permit granted by the relevant highway authority.

The exceptions to this are:

1. Emergency Works

Works carried out by an undertaker to prevent, or put an end to, circumstances where

danger to persons or damage to property exists or is imminent.

2. Urgent Works

Works carried out by an undertaker to prevent, or put an end to, an interruption of supply or

service (along with any substantial financial loss)

NB: In the case of emergency or urgent works, applications must be made for both original

works and any follow on works, such as final trench reinstatement works if the original works

involved an interim reinstatement, or making good works if a reinstatement is found to be

defective

3. Highway authority works (by DLO)

Works with direct labour for the provision, improvement or maintenance of a road or road

assets.

4. Exempt work

The Minister can prescribe by order certain road works as except from the requirement to

have a permit, provided they don’t involve digging or closing a road, or the use of portable

traffic signals). No exemptions have currently been made.

7

3 Permit Fee Tariff

The financial model used to calculate the new permit fee tariff analysed historic road work

permit application and reinstatement data from the Trafficworx system, using full year activity

records from 2015 to 2017 inclusive.

Annual variability in the 3 year data period was found to be low, which has made it possible

to project annual highway authority income and utility company costs from 2019 onwards

with some accuracy.

The following permit fee structure was approved by the States of Jersey Treasury in August

2018 and includes three components:

1. Basic Fee

2. Variation Fee

3. Reinstatement Inspection Fee

Permit Variables Traffic Impact

Level

Duration (days) Fee

(£ per /

item)

Basic Fee

(Incl. Type A ‘Live Work’

inspections)

Very High

>10 £ 260

4 - 10 £ 240

0 - 3 £ 220

High

>10 £ 200

4 - 10 £ 180

0 - 3 £ 160

Medium

>10 £ 140

4 - 10 £ 120

0 - 3 £ 100

Low (most by-

roads)

>10 £ 80

4 - 10 £ 60

0 - 3 £ 40

Variation Fee £ 35

Reinstatement Inspection Fee

(Type B and C Inspections)

1st 50m2 £ 100

each additional 100m2 £ 50

8

NB: Fees for scaffolding on the road will be based on the Traffic Impact Level and duration

of the ‘in-situ’ scaffolding only. Duration increments will be ‘0 to 30 days’, ‘31 to 100 days’

and ‘over 100’ days.

Inside the Parish of St Helier fees will be set by the Parish. See section 6 below.

9

3.1 Basic Fees

The basic fees have been developed around the concept of Traffic Impact Assessments

(TIAs) as defined in the document ‘Directions for the Control and Management of Road

Works.

Appendix 1 contains the TIA assessment diagrams for types A and B, which are already

incorporated into the Island’s road works management system’ ‘Trafficworx, with all works

being categorised as either very high, high, medium, or low based on the traffic importance

of the road, their traffic management type and timing. Duration is also a factor in the TIA

assessment.

The permit fee also covers administration costs and the cost of ‘live work’ inspections and

re-inspections (i.e. ‘Type A’ inspections).

3.1.1 Split Highway Authority Works

When a single works project affects roads administered by two or more highway authorities

for example, works involving a main road and a by-road, or two by-roads, only a single Basic

Fee will be applied and that income accrued to whoever is Highway Authority 1 (as defined

in the Trafficworx system).

3.1.2 Emergency Works and Urgent Works

Works within the meaning of ‘Article 22’ of the RWEL will be not be charged the Basic Fee,

however, the excavation inspection fee will be levied as required

10

3.2 Variation Fee

Any requests to vary a work parameter requiring permit amendment (i.e. changes to traffic

management or work timing) will incur a fee, subject to the variation being approved by the

highway authority.

3.2.1 Split Highway Authority Works

When a single works project affects roads administered by two or more highway authorities,

only a single Variation Fee will be applied and that income accrued to whoever is Highway

Authority 1

3.2.2 Overrunning and Late Completion Notices

A £15 fee will automatically be incurred by the promoter if the work’s ‘Completion

[Confirmation] Notice’ is not submitted by 10.30am on the day after the permit due end date.

The fee will be recharged at 10.30am on each working day thereafter until a Variation

Request (formally asking for an extension of time), or Completion Notice is submitted.

11

3.3 Reinstatement Inspection Fee

Any work requiring a road’s surface to be broken, other than minor highway works and to

replace an iron work frame, will incur a fee to cover the cost of reinstatement inspections and

re-inspections.

Type B inspections are required within the first 6 months of works completion

Type C inspections are required within the last 3 months of the promoter’s 3 year guarantee

period and ad-hoc inspections in between

There is a baseline fee to cover the first 50m2 of inspection, and when the total reinstated

area is greater than this, each further 100m2 will be subject to an additional inspection fee to

reflect the additional effort and time taken.

3.3.1 Split Highway Authority Works

When a single works project affects roads administered by two or more highway authorities

(e.g. a main road and a by-road, or two by-roads), the Inspection Fee will be calculated and

charged per highway authority.

3.3.2 Other types of Inspection Fees

Interim Reinstatements: Will be subject to 50% of the normal Inspection Fee.

Permanent Following Interim Reinstatement: Will be subject to the Basic Fee and

Inspection Fee.

Defective Reinstatements and Making Good Works: Will be subject to the Basic Fee

and Inspection Fee.

3.3.3 Exemptions from Reinstatement Inspection Fees

Temporary Reinstatements: Will not be subject to the Inspection Fee.

12

Iron Work: Replacement of frames or repair of road surrounds will not be subject to

an inspection fee.

Minor Highway Works: Will not be subject to an inspection fee.

3.3.4 Late Reinstatement Registration Charge

Where the works promoter fails to register reinstatement information within the permitted 5

days from the work’s completion date (confirmed by the submission of a Completion

[Confirmation] Notice) then a fee of £15 per day thereafter will be applied until the

information is submitted.

3.4 Delegations

3.4.1 Delegated Promoter

When an application is made for utility works on behalf of the work’s promoter by their

contractor then the permit fee charges will be accrued to the promoter.

3.4.2 Delegated Highway Authority

Under ‘Article 3(4)’ of the RWEL, when a highway authority has delegated a function to

another highway authority, any fee otherwise accrued to the first highway authority will go to

the second highway authority carrying out the delegated function.

For example, the States of Jersey have delegated the administration of skip, scaffolding, and

hoarding permits in St. Helier.

3.5 Annual Review of Permit Fee Tariff

The States of Jersey Treasury have agreed that the income generated by the Island’s

highway authorities will be recalculated each year in early January to take account of cost

changes, for example adjustments for inflation and road works activity level trends.

A new order setting out fee changes would be made in advance of the first invoices

produced in January each year.

13

4 Fee Waivers

4.1 Long Term Planning and Date Reservation

No fees will be charged for the advanced sharing of co-ordination information as this is

actively encouraged. However, normal fees will apply on full permit application.

4.2 Cancellation of a Permit

No fee will be charged where, prior to the highway authority’s determination, an applicant

cancels or withdraws a permit application.

If the permit is cancelled by the promoter after determination, the Basic Fee will be applied

but no reinstatement inspection fee (if relevant) provided no digging works have

commenced.

4.3 Missed Deadline by Highway Authority

The basic fee will not be charged if a highway authority fails to return a permit application

determination within the response deadline to:

approve or reject the application

request more information

make an alternative proposal

However, this waiver does not apply to ‘late applications’, when a promoter applies after the

minimum notice period. See Appendix 3: Minimum Application Periods and Deadlines

4.4 Refusal of Permit or Variation

When an application for a permit or variation is refused there will be no fee.

4.5 Revocation of Permit

No fee will be charged for the revocation of a permit when the permit is revoked on the

highway authority’s initiative, except where the reason was due to any action or omission on

the part of the promoter which would amount to a criminal offence under the RWEL.

4.6 Variation of Permit at Highway Authority’s Initiative

No fee is payable for permit variations initiated by the highway authority, unless, at the same

time, the promoter seeks variations which are not the result of the circumstances causing the

authority’s action. In that case a variation fee would be payable.

14

4.7 Suspension of Permit

There will be no change to the fee in circumstances where a permit is suspended, or

subsequently varied by the Highway Authority.

4.8 Ministerial Waivers

Provision can be made for discretionary waivers or reductions where deemed appropriate by

the Minister for Infrastructure.

15

5 Permit Fee Calculation and Settlement

5.1 Fee Calculation

The Trafficworx system will begin to calculate the permit fees due, once the permit has been

approved.

The total permit fee will be finalised when the works promoter submits the:

Completion [Confirmation] Notice for non-excavation work

or

Reinstatement [Registration] Notice, setting out all reinstatement information for works

involving an excavation.

Total fee calculation will take into account all fees types applicable to the permit as set out in

section 3 above.

The States of Jersey, Parishes and “in system users” will have visibility of the running

balance due for each permit via a new “Permit Charge” screen to be created in Trafficworx.

5.2 Invoicing and Settlement

The system will provide the States of Jersey with an output file every month in Excel format,

which will be used by the Accounts Receivable team to produce and send invoices.

Parishes with receive an Excel file from Trafficworx in the same format by e-mail, which they

can use to produce their own invoices.

5.3 Who will pay the fee?

In the case of undertaker works (carried out under a statutory power) billing will be directed

to the utility provider (in the RWEL this person is called the ‘undertaker’) even if the road

works are contracted out to a third party and the permit application is made by the third party

on their behalf. In the case of other forms of road work, billing will be directed to the permit

applicant.

16

6 Scaffolding Fees

Scaffolding placed on the road will be subject to an amended charging structure (see below)

based on the traffic impact of the in-situ scaffolding (rather than traffic changes needed to

install and dismantle the scaffolding). Duration increments will be ‘0 to 30 days’, ‘31 to 100

days’ and ‘over 100’ days. Inside the Parish of St Helier fees will be set by the Parish. Permit

fees will not be applied to scaffolding uploading / loading (a separate possible road work

activity type requiring a permit) when the in-situ charge is to be applied.

Scaffolding Charges (outside of St Helier)

Duration (days) Proposed Fee

(£ per / item) Permit Variables In-Situ Traffic

Impact Level

Basic Fee for in-situ

scaffolding*

Very High

> 100 £ 260

31 – 100 £ 240

0 - 30 £ 220

High

> 100 £ 200

31 to 100 £ 180

0 - 30 £ 160

Medium

> 100 £ 140

31 to 100 £ 120

0 - 30 £ 100

Low (most by-

roads)

> 100 £ 80

31 - 100 £ 60

0 - 30 £ 40

Variation Fee £ 35

*Fee in the Parish of St Helier are based on their existing tariffs and are not changed

17

IF the work is on a Key School Route

(See Ap - Map 3) on a school day choose

the next higher impact level.

Yes

No

No

Yes

No

Proposed

Closure

Very High Impact

Medium Impact

Guide Traffic Impact Assessment – Type A:Road Closures, One-Way-Systems & Contra-Flows

2A

Yes

Is the closure on

a Class 1 / Protected route?

(See Ap - Map 1)

Is the closure

on a Class 2 route?

(See Ap - Map 1)

Is the closure

Monday to Saturday

between

7am & 6.30pm?

Is the closure

between

7am & 7.30pm?

High Impact

Yes

No

Revision A – 10/08

Notes

The Guide Impact Assessment provides an initial assessment and may be altered by the Highway Authority. The

Protected Route & Key School Route designations are explained in the ‘Streetworks Co-ordination Policy’ - Further

Guidance Note No. 1.

Low Impact

Is the closure

on a Class 3 route?

(See Ap - Map 1)

Yes

No (Parish By-Roads or Private Roads)

*

*

7 Appendix 1: Traffic Impact Assessment

7.1 Type A

18

Yes

No

Yes

Guide Traffic Impact Assessment - Type B: Restrictions, Single File Traffic & Lane Closures (Dual Carriageways)

Yes

Yes

No

No Medium Impact

Proposed Traffic

Restriction

High Impact

2B

Yes

Medium ImpactNo

Low ImpactNo

*Is the restriction

during a Peak Traffic Time?

(See Below)

Is the restriction

Monday to Saturday

between

7am & 7.30pm?

Is there more than

one lane available e.g. dual

carriageway?

Revision A – 10/08

Notes

The Guide Impact Assessment provides an initial assessment and may be altered by the Highway Authority. The

Protected Route & Peak Time Restricted Area designations are explained in the ‘Streetworks Co-ordination Policy’ -

Further Guidance Note No. 1.

IF the restriction is during a school holiday

(not the summer) or public holiday period

choose the next lower impact level.

*

Is the restriction on

a Class 1 / Protected route?

(See Ap - Map 1)

Is the restriction in a

Peak Time Restricted Area?

(See Ap - Map 2)

Peak Traffic Times

Weekdays: AM = 7 to 9.15 am, PM = 4 to 6.30 pm, if the road is also a Key School Route (See Appendix - Map 3)

allowance must be made for earlier PM demand (2.30 pm). Saturdays: AM/PM = 10 am to 2 pm.

7.2 Type B

19

8 Appendix 2: Road Hierarchy and Restrictions Maps

8.1 Map 1: Road Hierarchy

20

8.2 Map 2: Peak Time Restrictions

21

9 Appendix 3: Minimum Permit Application Periods and Deadlines

9.1 Promoter:

Minimum Application Periods for Non-Emergency / Urgent Works

Impact Level

Traffic Management Type

Type A: Type B: Type C:

Road Closures, Road

Closure One Way &

Contra Flows

Portable Signals, Stop / Go

Boards, Give & Take, Give

Way & Duel Carriageway

Lane Closures

Signing Only

Low Impact 2 Weeks 2 Working Days 1 Working Day

Medium Impact 3 Weeks 1 Week NA

High Impact 6 Weeks 3 Weeks NA

Very High Impact 12 Weeks NA NA

9.2 Highway Authority:

Guide Approval Deadline (period before activity starts)

Impact Level

Traffic Management Type

Type A: Type B: Type C:

Road Closures, Road

Closure One Way &

Contra Flows

Portable Signals, Stop / Go

Boards, Give & Take, Give

Way & Duel Carriageway

Lane Closures

Signing Only

Low Impact 3 Working Days 1 Working Day 1 Working Day

Medium Impact 8 Working Days 3 Working Day NA

High Impact 13 Working Days 8 Working Day NA

Very High Impact 4 Weeks NA NA

Note: The Highway Authority approval deadline will be set from the activity start date, less the

period above.