The purpose of this consultation is to invite views on proposals to allow local highway authorities in England to implement "lane rental" schemes, under which they would charge a daily fee for the duration of works carried out in the street at the busiest times. These works are a necessary fact of life. They are essential to provide and maintain the essential utility and transport services on which individuals and businesses depend. However, these works also cause significant disruption to road users and local communities. By some estimates, 1.2 million street works contribute to congestion that costs the economy over £4 billion a year, and a broadly similar number of highway works also take place each year. The Government is determined to reduce the adverse impacts of these works, and its strategy is based around: * statutory duties on those undertaking works — e.g. minimum standards for safety, training and quality of highway reinstatements; * statutory powers for highway authorities to enable them to coordinate works in their areas, including stronger powers to regulate works on the most critical streets, and more generally to manage their highway networks to secure the expeditious movement of traffic; * financial incentives for works promoters to reduce works durations and to carry out works at less disruptive times; and * non-regulatory measures — encouraging wider adoption of good working practices, and working towards consistent benchmarking of performance to shine a light on good and poor performance and give a clearer focus for future improvement. The Government considers that, in addition to the existing tools available to highway authorities, well-designed and carefully-targeted "lane rental" schemes could encourage those carrying out works to reduce further the disruption caused on the most critical parts of their local road networks. A lane rental scheme would involve undertakers paying a daily charge for the duration of their works, but with exemptions where works are carried out at less disruptive times. Existing primary legislation (section 74A of the New Roads and Street Works Act 1991) provides the necessary powers for local highway authorities to put in place lane rental schemes, subject (in England) to the approval of the Secretary of State, and allows Regulations to make further provision about such schemes. Although the primary legislation relates specifically to street works (i.e. works by utilities and others with apparatus in the highway), highway authorities' own works also cause substantial disruption and authorities proposing lane rental are therefore strongly encouraged to apply the same lane rental charges to their own works as to others'. Lane rental pilot schemes were operated in Camden and Middlesbrough between 2002 and 2004, but no further schemes have since been implemented. As a result of subsequent changes to various aspects of street works legislation, the existing lane rental Regulations are now out of date and, in effect, inoperable. This consultation therefore invites views on new proposals to replace the existing lane rental Regulations and to publish supporting guidance, in order to allow highway authorities to design and implement new lane rental schemes targeted at the most critical parts of the road network. In drawing up its new proposals, the Government has considered what lessons might be learned from the experience of the previous pilot schemes, and is now proposing a significantly different approach to that tested in those pilots. In particular, any future schemes will need to target just the specific streets or parts of streets where works cause the greatest level of disruption, and will apply charges only in respect of works that occupy the highway at the busiest times. However, given that lane rental is not yet proven as a successful model for tackling disruption caused by works, the Government is at this stage contemplating lane rental schemes in just one or two places - one major urban area and one non-metropolitan area. Early evidence from such schemes would inform decisions on whether lane rental could usefully be applied more widely. The consultation pack comprises: * this consultation paper; * draft guidance to local highway authorities in England who might be contemplating the development of a lane rental scheme (Annex A); * draft Regulations about lane rental schemes in England (Annex B); * a consultation-stage impact assessment (Annex C); * a pro-forma for responding to the consultation (Annex D); and *a copy of the government's Consultation Criteria (Annex E). [See http://www.dft.gov.uk/consultations/dft-2011-25 for the consultation pack]. The consultation is likely to be of particular interest to highway authorities and street works undertakers in England, representatives of road users and the business community, and suppliers of street works management systems and software, but responses are invited from any interested party. The deadline for responses is 31 October 2011 and full details of how to respond can be found in Chapter 3 below. This consultation and the Government's proposals would apply to England only. Legislative proposals for lane rental schemes elsewhere in the United Kingdom would be a matter for the devolved administrations. (Author/publisher)
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