This Code of Practice is issued by the Secretary of State for Transport, the Scottish Executive and the National Assembly for Wales under sections 65 and 124 of the New Roads and Street Works Act 1991, and by the Department for Regional Development (Northern Ireland) under article 25 of the Street Works (Northern Ireland) Order 1995. The legislation requires an undertaker, and those working on its behalf, carrying out work under the Act or the Order to do so in a safe manner as regards the signing, lighting and guarding of works. Failure to comply with this requirement is a criminal offence. Compliance with the Code will be taken as compliance with the legal requirements to which it relates. Highway authorities in England and Wales and roads authorities in Scotland should comply with this Code for their own works, as recommended by the respective national administrations. The Northern Ireland road authority is legally required to comply with the Code. In the application of this Code to Scotland, all references in the text to `highway authorities' are to be read as references to `roads authorities'. Everyone on site has a personal responsibility to behave safely, to the best of their ability. Under the Health and Safety at Work etc Act 1974, employers have duties to protect their employees from dangers to their health and safety, and to protect others who might be affected by the work activity (e.g. passing pedestrians and motorists). These include proper arrangements for design (including planning and risk assessment) and management (including supervision) of the works. Supervisors qualified under the New Roads and Street Works Act or the Order will know what to do in most situations about which they have to be consulted, and will be able to find out quickly what to do about the others. It is the employer's responsibility to ensure that these arrangements are properly carried out. This Code applies to all highways and roads except motorways and dual carriageways with hard shoulders. More detailed advice, and advice on some situations not covered by this Code, can be found in Chapter 8 of the Traffic Signs Manual published by the Department for Transport in conjunction with the Scottish, Welsh and Northern Ireland administrations. This gives authoritative advice, but it does not have the status of a Code of Practice under the Act. In Northern Ireland the use of Chapter 8 is mandatory for undertakers' works on motorways or dual carriageways with hard shoulders, and elsewhere in the United Kingdom undertakers should comply with Chapter 8 when carrying out such works. On all other roads they meet their obligations under section 65 or 124 of the Act, or under article 25 of the Northern Ireland Order, if they comply with this Code, even though further relevant advice may be available in Chapter 8 and other relevant documents. The illustrations show typical layouts, equipment and methods of working." They are not necessarily the only ones which are acceptable. For example, where a vehicle is used on site it may sometimes need to be placed on the other side of the working area, or facing the other direction from that illustrated. Check the text to see what is mandatory and what is optional. Traffic signs (including cones, cylinders and red and white barrier planks) and other apparatus used for the control of traffic must conform to the Traffic Signs Regulations and General Directions, or in Northern Ireland, the Traffic Signs Regulations (NI) in force at the time. In respect of other equipment, compliance is achieved by conformity with appropriate European or British Standards where they exist or, alternatively, to a standard or code of practice of a national standards body or equivalent body of any Member State of the European Economic Area, to a relevant international standard recognised for use in any Member State, or to a specification recognised by a competent public authority of any Member State, provided that in-use equivalent levels of safety, suitability and fitness for purpose are met. Equipment of an innovative or traditional nature that does not conform to a recognised standard or specification but which fulfils the purpose provided by the appropriate standards is equally acceptable if, in use, it is safe, suitable and fit for purpose. In judging the suitability of any equipment offered as equivalent, account must be taken of the need on safety grounds to present consistent visual information to users of the highway. Equipment other than traffic signs does not have to match that shown in the illustrations, provided these conditions are met. (Author/publisher)
Samenvatting