STAFFORDSHIRE COUNTY
COUNCIL
DEVELOPMENT SERVICES
DEPARTMENT
HIGHWAY SAFETY
INSPECTION CODE
OF PRACTICE
Corporate Director (Development Services)
Staffordshire County Council
Development Services Department
Riverway
Stafford
ST16 3TJ
Revised: October 2007
HIGHWAY SAFETY INSPECTION CODE OF PRACTICE
CONTENTS
Page No:
FOREWORD
1
1.
Introduction
2
1.1
Duty to Maintain the Public Highway
2
1.2
Safety Inspections
2
1.3 Purpose of Inspections and Subsequent
3
Course of Action
1.4
Claims Resulting from Works Carried out by
4
Contractors
1.5
Claims Arising in connection with Statutory
4, 5
Undertakers & Third Parties
Works/Apparatus
2.
Highway Safety Inspection Procedures
5
2.1
Items for Inspection
5
2.2
Investigatory Levels
6
Table 1: Investigatory Levels
6
2.3
Defect Risk Assessment
7, 8
Table 2: Risk Matrix
8
2.4
Hierarchies & Inspection Frequencies
8, 9, 10, 11
Table 3: Safety Inspection Tolerance Levels
9
Table 4: Carriageway Hierarchy & Inspection
Frequency
10
Table 5: Footway Hierarchy & Inspection
Frequency
11
Table 6: Cycle Route Hierarchy & Inspection
Frequency
11
2.5
Double Manned Safety Inspections
11
2.6
Variations to Standard Inspection
12
Frequencies
2.7
Variations to Inspection Routes
12
Page No:
2.8
Process Map for Carriageway, Footway and
13
Cycleway Inspections
2.9
Process Map for Highway defects which are
14
the responsibility of others
2.10
Defect Categories and Response Times
15, 16
2.11
Category 1 Defects (Defect 1)
16
2.12
Category 2 Defects (Defects 2, 3 & 4)
1
7
2.13
Commencement of Defect Response Times
1
7
2.14
Guidelines on Category 1 Defects
18
Table 7:
Category 1 Defects (immediate action)
18
Table: 8 Category 1 Defects (Within 24 hours)
19
2.15
Third Party Defect Reports
20
2.16
Carriageway Inspections
20
2.17
Performance Indicators
20
2.18
Defect Recording Procedures for Safety
21
Inspections
3.
Staff Obligations
2
1
3.1
General Obligation of Highways Management
21
Staff to Note and Relay Defects to
Appropriate Highway Manager
4.
Notes on Typical Highway Defects
22
4.1
Carriageway Potholes / Depressions
2
2
4.2
Safety Fence and Barriers
22
4.3
Damaged Signs or Blatantly Incorrect Signs
2
2
4.4
Obscured Signs
2
2
4.5
Lighting Columns, Illuminated
22
Signs/Bollards
4.6
Recessed Road Studs
2
2
Page No:
4.7
Overriding of Verges
2
2
4.8
Defective Ironwork
2
3
4.9
Dislodged or Loose Kerbs
2
3
4.10
Dislodged or Loose Setts
2
3
4.11
Trenches
23
4.12
Obstructions – General
2
3
4.13
Tree Defects
2
4
4.14
Inadequate Visibility
2
4
4.15
Standing Water
2
4
4.16
Detritus, Spillage or Contamination
2
4
4.17
Weed Growth
2
4
4.18
Footway Potholes, Trips, Depressions or
25
Uneven Surfaces
4.19
Hedges, Fences and Walls
25
4.20
Road Markings
2
5
4.21
Accident Damage
25
4.22
Blocked Drainage Systems
2
5
4.23
Other
25
5.
Additional Notes
26
5.1
Notes for Highway Safety Inspectors
26
Appendix 1
Highway Inspections - Relevant Legislation
27
Appendix 2
Risk Assessment for Variation in Inspection
28
Frequency
Appendix 3
Risk Matrix
29
Page No:
Appendix 4
Standard Letters
A4.1 Dead or Dying Tree(s) - Initial letter
3
0
A4.2 Dangerous Tree – Initial letter
31
A4.3 Dead, Dying or Dangerous Tree(s) –
32, 33
Follow up letter
A4.4 Overgrown Hedges, Trees or Shrubs –
34
Initial letter
A4.5 Overgrown Hedges, Trees or Shrubs –
35
Follow-up letter
A4.6 Notification of District Council
36
debris/dangerous fencing on the
highway
A4.7 Dangerous Boundary Fencing
37
A4.8 Mud or Debris causing a hazard on the
38
highway
A4.9 Obstruction placed at the edge of the
39
highway - Initial letter
A4.10 Obstruction placed at the edge of the
40
highway - Follow-up letter
A4.11 Blocked Drainage Ditches adjacent to
41
the highway
A4.12 Defect notification form
42
Appendix 5
Guidelines on the Recognition of Hazardous
43, 44, 45
Trees
CODE OF PRACTICE FOR
HIGHWAY SAFETY INSPECTIONS
FOREWORD
This revision of the Highway Safety Inspection Code of Practice encompasses several
major changes at both a strategic and operational level. Staffordshire County Council’s
carriageway, footway and cycle route network have been redefined, to take account of
their functionality and Hierarchical standing, in order to fall in line with the
recommendations of Well-maintained Highways, code of practice for Highway
Maintenance Management July 2005. The redefinition of the network, as detailed in this
code, has implications with regard to both; existing inspection routes and inspection
frequencies. New safety inspection routes will be devised by the asset management team
through close liaison with the area teams, however, until such time that the new routes
have been developed, the area teams should continue to inspect their existing routes
inline with the previous code of practice, dated July 2006.
In addition to the redefined network, there is to be a staged replacement of the existing
ROMIS software and works planning tool, and the implementation of the replacement
system is programmed to coincide with the new inspection regime. By way of
introduction, this replacement comes in the form of the Integrated Highway Management
System (IHMS), the product is supplied by a company known as WDM, with whom the
Authority has procured a 5.5 year provision and support software contract which is
extendable to 10.5 yrs based upon satisfactory performance. The system is made up of
numerous modules which include the; Routine Maintenance System (RMS) the module
on which the safety inspections are conducted and defects noted, Works Instruction
Manager (WIM) the replacement for the works planning tool, Pavement Management
System (PMS) the database that holds the condition survey results, Network
Management System (NMS), and the Customer Relation Module (CRM), nevertheless,
for the purpose of this code the system will be referred to as the Integrated Highway
Management System (IHMS).
The revision to the code has also addressed the requirement for double manned safety
inspections. In the interests of Inspector and network safety, it has been deemed
necessary to conduct a double manned inspection regime on all carriageway safety
inspection routes that are attributed with a monthly inspection frequency.
As stated previously this revised Code of Practice, will be subject to a staged
implementation on an area by area basis, with completion expected by Spring 2008.
1
1.
INTRODUCTION
1.1 DUTY TO MAINTAIN THE PUBLIC HIGHWAY
1.1.1 Staffordshire County Council (SCC) is the Highway Authority for all adopted roads
and footways within Staffordshire excluding Stoke-on-Trent.
1.1.2 If a person sustains damage or injury, due to what appears to be a safety related
defect (e.g. a trip or pothole) in the public highway, they may have grounds to
make a claim for damages, against the Highway Authority, if they can demonstrate
that the Authority has failed to fulfill it’s obligations, in relation to statutory duty of
care.
1.2
SAFETY INSPECTIONS
1.2.1 The safety inspection process will help to provide a legal defence, against such
claims, and relevant legislation relating to the County Council’s Highway Safety
Inspection Regime, is detailed in Appendix 1.
1.2.2 In Staffordshire, Safety Inspectors patrol the adopted highway network at
pre determined intervals based upon Hierarchical standing. The Authority
endeavor’s to ensure that identified hazards are rectified, or made safe within
specified time scales dependant on the severity and location of the defect, thereby
protecting users of the highway network from injury or loss.
1.2.3 Restrictions in highway maintenance funding coupled with increasing traffic
volumes, indicate that the level of funding available for maintenance services may
not keep pace with the level of expenditure required. Therefore, in order to reduce
their potential liability, Staffordshire County Council as the Highway Authority must
routinely inspect the highway network, so that defects can be identified, risk
assessed, categorised and thus prioritised in line with this code of practice. This
approach will ensure that identified defects are rectified within appropriate
timescales in a consistent, cost effective and efficient manner.
1.2.4 It must be emphasised that safety inspections are not just a way for the Highway
Authority to mitigate its liability, but are, first and foremost, the means by which the
County Council can keep its network as safe as possible, for all categories of
highway user.
2
1.3
PURPOSE OF INSPECTIONS AND SUBSEQUENT COURSE OF ACTION
1.3.1 The primary purpose of the safety inspection regime is to identify defects, which
constitute an immediate or imminent danger to road users.
1.3.2 By utilising a risk management approach, highway safety inspections are used to
identify those defects that will require urgent attention (within 24 hours), as well as
those, where the locations and sizes are such, that longer periods of response
would be acceptable.
1.3.3 During safety inspections, all observed defects that give rise to any degree of risk
to users should be recorded, irrespective of the likely level of response. The
degree of deficiency in a particular element of the highway in conjunction with a
risk management approach, are crucial to determining the nature and speed of
response in repairing that defect.
1.3.4 This Code defines defects in two categories, which correspond with those
recommended in Well-maintained Highways code of practice for Highway
Maintenance Management July 2005, they are;
Category 1 – Defect 1: Those defects that require prompt attention because they
represent an immediate or imminent hazard, or because there is a risk of short-
term structural deterioration.
Three alternative actions arise:
(a) Make the defect safe at the time of inspection and summon a maintenance
crew to break off their existing work to carry out immediate repairs. In certain
instances an Inspector may be required to wait on site until the relevant crew
arrives to carry out remedial action.
(b) Request a maintenance crew to make the site safe or carry out repairs within
24 hours.
(c) Request a maintenance crew to make the site safe and make arrangements for
permanent repairs to be carried out within 28 calendar days.
Category 2 – Defects 2, 3, 4.
- Defect 2: High Risk Category 2 defect; Make safe or repair within 7 calendar
days
- Defect 3: Medium Risk Category 2 defect; Repair within 28 calendar days
- Defect 4: Low Risk Category 2 defect; Carry out repair during the next available
programme, add to scheme request log, consider for community gang
programme, schedule a more detailed inspection or schedule
intermediate inspections before next standard inspection to monitor
site condition.
3
1.4
CLAIMS RESULTING FROM WORKS CARRIED OUT BY CONTRACTORS
(EMPLOYED BY THE HIGHWAY AUTHORITY)
1.4.1 The vast majority of the Authorities work with regard to Highway related services is
carried out by the Authorities partners, term maintenance contractor Enterprise and
term construction contractor Wrekin. The partnership, collectively known as
Staffordshire Highways, prides itself on early contractor involvement (ECI).
ECI enables the partnership to identify efficient, safe working practices and
eliminate potential hazards that may result in an injury to the workforce or a third
party. Method statements and risk assessments are provided by our partners for all
activities carried out on the highway, which are checked by a pertinent member of
staff from SCC. Our partners indemnify the County Council against any claims
arising from their works and such claims are referred to the contractor to resolve
direct with the claimant.
1.4.2 Other contractors employed by the County Council outside of the partnership are
normally required to indemnify the County Council against any claims arising from
the works, and again method statements and risk assessments are requested and
checked to ensure safe working practices. Any such claims are normally referred
to the contractor to resolve direct with the claimant, and it is only when there is a
need for litigation, that the County Council may need to address the claim. Thus
claims arising from defective workmanship during the maintenance period of new
works would be referred to the contractor. However, where the defect is due to
“fair wear and tear”, then the County Council would remain responsible for the
defect and any associated claims.
1.4.3 In all cases, the County Council remains responsible for the safety of the highway
and where defects or claims are referred on to our partners or other contractors,
the County Council remains responsible for ensuring that appropriate and timely
action is taken.
1.5 CLAIMS ARISING IN CONNECTION WITH STATUTORY UNDERTAKER’S &
THIRD PARTIES WORKS/APPARATUS
1.5.1 Statutory Undertakers have a legal right to work in the public highway. Any claims
arising from their works or apparatus will be referred towards the appropriate
company. However, this does not relieve the County Council of its statutory duty
of care and therefore responsibility to take note of defective inspection covers and
trenches etc., which would endanger the public. Defects in the reinstatement of
the highway structure in the vicinity of the utility's underground apparatus or
surface cover are the responsibility of the Highway Authority except where the
reinstatement is within the two or three year guarantee period under the New
Roads and Street Works Act 1991 or except where it can be demonstrated that the
original workmanship was defective.
1.5.2 In order for the Highway Authority to avoid the possibility of being held jointly liable
for a claim, upon the identification of such defects, they should be; risk assessed
and categorized in line with this code of practice, photographed where safe to do
so (minimum of 2 photographs, 1 location & 1 plan, it is vital that the plan
photograph shows the scale of the defect i.e. use of tape measure/ruler. A third
photograph will be required for dangerous defects that have been made safe either
by the Highway Authority or third party, detailing the make safe) and promptly
referred in electronic format via the relevant network inspector, to the
4
undertaker/third party responsible. It is also necessary for the Highway Authority to
ensure that the defect is repaired within the allocated time period. If an
undertaker/third party fails to orchestrate remedial action within the specified
timescale the County Council must take the appropriate action to eliminate the
hazard (for further guidance on defects that are the responsibility of others see the
process map in section 2.9).
1.5.3 Associated costs for conducting remedial works should be compiled at the relevant
area office and forwarded to the network management unit, in order that the
Authority can claim reimbursement from the undertaker/third party concerned.
2.
HIGHWAY SAFETY INSPECTION PROCEDURES
2.1 ITEMS FOR INSPECTION
2.1.1 This section of the code is a schedule of deficiencies to be identified during safety
inspections. The list is by no means exhaustive and is provided as a check list for
purposes of guidance
only; the term running surface applies to carriageway,
footway or cycle route.
The schedule is as follows:
• debris, spillage or contamination on running surface or hard shoulder;
• displaced road studs lying on the running surface;
• overhead wires damaged or unstable;
• damaged and exposed electrical wiring;
• embankments and cuttings apparently unstable;
• trees with loose branches or apparently unstable;
• hedges, fences and walls impeding the width of the running surface;
• signs, signals or lighting damaged, defective, blatantly incorrect, missing or
unstable;
• road markings and studs missing, misleading or badly worn;
• signs, signals or lighting dirty or obscured;
• sight-lines obscured by trees, unauthorised signs and other obstructions;
• safety fencing, parapet fencing, handrail, and other barriers missing or
defective;
• abrupt level differences in the running surface;
• potholes, cracks or gaps in the running surface;
• crowning, depression and rutting in the running surface;
• defective trenches in the running surface;
• edge deterioration of the running surface;
• overriding of verges;
• significant weed growth within the running surface;
• kerbing, edging, setts or channel defects;
• rocking or otherwise unstable footpath or cycleway surfaces;
• apparently slippery running surface;
• ironwork (gully lids, manholes etc) broken, missing, faulty or worn smooth;
• gullies, drains or grips blocked or defective;
• standing water, water discharging onto or overflowing across the running
surface.
5
2.2 INVESTIGATORY LEVELS
2.2.1 Table 1 below details guidance investigatory levels for items of inspection, the
investigatory level is the point at which a risk assessment should be conducted. It
must be stressed that these investigatory levels are for purposes of guidance
only,
and that in particular circumstances, inspection items with a lesser degree of
deficiency, may pose an equal or greater safety hazard (further guidance notes on
typical highway defects are contained in section 4 of this code).
TABLE 1: INVESTIGATORY LEVELS
Feature
Defect
Investigatory level
Carriageway
Pothole/Spalling
40mm depth
Crowning
Dependant on reinstatement width(NRSWA)
Depression
50mm level difference (area 2m²)
Rutting
40mm depth
Crazing/cracking
25mm width (40mm depth)
Sunken ironwork
40mm level difference
Raised ironwork
20mm level difference
Edge deterioration
100mm level difference
Pedestrian Crossing
Pothole
20mm depth
Trip
20mm level difference
Footway
Pothole
20mm depth
Trip
20mm level difference
Rocking slab/blocks
20mm vertical movement
Open joints
20mm width x 300mm length (depth 20mm)
Sunken/raised ironwork
20mm level difference
Cellar covers etc.
20mm level difference
Tree root damage
20mm level difference
Cycle route
Pothole
20mm depth
Trip
20mm level difference
Rocking slab/blocks
20mm vertical movement
Open joints
20mm width x 300mm length (depth 20mm)
Sunken/raised ironwork
20mm level difference
Tree root damage
20mm level difference
Kerbing/Setts
Dislodged
50mm horizontally
Loose/rocking
20mm vertically
Missing
Yes/no
Ironwork
Level difference within
framework
20mm
Broken/missing/faulty
badly fitting/worn smooth
Yes/no
Signs
Damaged
Non specifiable
Blatantly incorrect
Non specifiable
Mis-aligned
Non specifiable
Obscured
Non specifiable
Dirty
Non specifiable
Verge
Overriding
100mm depth (length 10m)
Trees/Hedges/Shrubs
Dead/dying/overgrown
Yes/no
Overhanging branches:
Carriageway < 5.1m clearance from running surface
Cycle route < 2.4m clearance from running surface
Footway < 2.1m clearance from running surface
6
2.3
DEFECT RISK ASSESSMENT
2.3.1 A Highway Inspector’s on-site judgement will always need to take account of the
particular circumstances that prevail. For example, the degree of risk from a
pothole depends upon not merely its depth, but also on its surface area and
location, and as such may warrant differing response times. When an inspection
item is imminently approaching, has reached or is in excess of the investigatory
level, the safety inspector should conduct a risk assessment in order to determine
the appropriate level of response. The following procedure as detailed in
paragraphs 2.3.2 to 2.3.8 should be followed for each identified defect (Further
guidance and defect risk assessment scenarios are detailed in the ‘GUIDANCE
ON DEFECT CATEGORISATION’ document, which accompanies the Highway
Safety Inspection Code of Practice).
2.3.2
Risk Identification: As stated previously, this is any inspection item with a defect
level that is imminently approaching, corresponds to, or is in excess of the stated
defect investigatory level.
2.3.3
Risk Evaluation: All identified risks have to be evaluated in terms of their
significance, which means assessing the likely impact should the risk occur and the
probability of it actually happening.
2.3.4.
Risk Impact: The impact of a risk occurring should be quantified on a scale of
1 to 4:
1.
Little or negligible impact
2.
Minor or low impact
3.
Noticeable impact
4.
Major, high or serious impact
The impact is quantified by assessing the extent of damage likely to be caused
should the risk become an incident. As the impact is likely to increase with
increasing speed, the amount of traffic and type of road are clearly important
considerations in the assessment.
2.3.5
Risk Probability: The probability of a risk occurring should also be quantified on a
scale of 1 to 4.
1.
Very low probability
2.
Low probability
3.
Medium probability
4.
High probability
The probability is quantified by assessing the likelihood of users, passing by or
over the defect, encountering the risk. As the probability is likely to increase with
increasing vehicular or pedestrian flow, the network hierarchy and defect location
are, consequently, important considerations in the assessment.
2.3.6
Risk Factor: The risk factor for a particular risk is the product of the risk impact
and the risk probability and is therefore in the range of 1 to 16. It is the factor that
identifies the overall seriousness of the risk and consequently the appropriateness
of the speed of response to remedy the defect. Accordingly, the priority response
time for dealing with a defect can be determined by correlation with the risk factor,
as shown in the risk matrix (Table 2).
2.3.7
Risk Management: Having identified a particular risk, assessed its likely impact
and probability and calculated the risk factor, the category and the timescale to
7
rectify the defect should be determined and the relevant defect category
apportioned. The response category is represented by the coloured cells in the risk
matrix.
2.3.8
Risk Matrix: Using the approach detailed above, having determined a Risk Impact
and Risk Probability by simply multiplying the two to give the Risk Factor, the Risk
Matrix detailed in table 2 below can be utilised to determine the defect category
and hence associated response time. For example:
A: Low Risk Impact of 2 x Low Risk Probability of 2 = 4 = Category 2 Defect 4
B: Low Risk Impact of 2 x Medium Risk Probability of 3 = 6 = Category 2 Defect 3
C: Noticeable Risk Impact of 3 x Medium Risk Probability of 3 = 9 = Category 2
Defect 2
D: High Risk Impact of 4 x High Risk Probability of 4 = 16 = Category 1 Defect 1
TABLE 2: RISK MATRIX
PROBABILITY
Very Low [1]
Low [2]
Medium [3]
High [4]
►
IMPACT ▼
Negligible [1]
1
2
3
4
Low [2]
2
A
4
B
6
8
Noticeable [3]
3
6
C
9
12
High [4]
4
8
12
D
16
Category 2 Defect 4 Category 2 Defect 3
Category 2 Defect 2
Category 1 Defect 1
(Low Risk) Carry out
(Medium Risk)
(High Risk) Make
Various responses
repair during next
Repair within 28
safe or repair in 7
within 24 hrs
available programme
calendar days
calendar days
2.4 HIERARCHIES AND INSPECTION FREQUENCIES
2.4.1 Tables 4, 5 & 6 set out the hierarchies and inspection frequencies for carriageways,
footways and cycle routes in Staffordshire. They are based upon the
recommended frequencies of safety inspections as promoted in Well-maintained
Highways, code of practice for Highway Maintenance Management July 2005.
2.4.2 In all cases where practicable to do so, carriageway, footway and cycle route
inspections will be combined, to mitigate issues associated with network
congestion whilst making the best use of resource.
2.4.3 By definition this means that there will be no separate inspection routes for
category ‘F3’ & ‘F4’ footways or category ‘A’ & ‘B’ cycle routes, where a
carriageway route exists with a 3 monthly frequency or greater. Except in the
circumstance where substantial lengths or numerous sections of the footway or
cycle route are not visible from the carriageway, in which case, the relevant Asset
Management Technician should be informed so that the relevant sections can be
included in a designated walked/cycled route. Short isolated sections of footway or
cycleway that are not visible from the carriageway should be walked during the
driven inspection at the desired frequency.
8
2.4.4 All category ‘F1’& ‘F2’ footways and category ‘C’ cycle routes will have designated
routes, and will be walked or cycled at the required frequency.
2.4.5 Where ever possible inspections should be carried out at the specified frequency
as detailed in tables 4, 5 & 6. In the scenario that the pertinent Inspector is unable
to conduct the required inspection, in the first instance, if practicable, the Area
Highway Manager, or his delegated representative should carry out the inspection
using appropriate alternative staff. However, in order to offer some degree of
flexibility to accommodate events such as staff sickness, training or annual leave
an element of tolerance is required in relation to inspection frequency. For the
purposes of this code the tolerance levels are as detailed in table 3,
notwithstanding, any deviation in the inspection calendar, should not be such as to
reduce the annual number of inspections undertaken. Where a monthly inspection
is specified, the requirement is to undertake 12 inspections per year.
2.4.6 The relevant Asset Management Technician will carry out random checks on 10%
of completed inspection routes, in order to ensure acceptable tolerance levels are
being achieved as part of a Quality Assurance procedure.
TABLE 3: SAFETY INSPECTION TOLERANCE LEVELS
Inspection Frequency
Acceptable Tolerance Level + or -
Monthly
7 Calendar days
3 Monthly
14 Calendar days
6 Monthly
28 Calendar days
Annual
28 Calendar days
9
TABLE 4: CARRIAGEWAY HIERARCHY AND INSPECTION FREQUENCY
Road
Hierarchy
Definition
Inspection
Category
Description
Frequency
C1
Strategic Route
Principal ‘A’ roads, that form
Monthly - driven
part of a strategic network
at a regional level
C2
Main Distributor
Remaining ‘A’ roads
Monthly - driven
C3
Secondary
‘B’ roads, ‘C’ roads with a
Monthly - driven
Distributor
total traffic flow > 1000 in a
12hr period, unclassified
urban bus routes with an
hourly or more frequent
service
C4
Link Road
Remaining ‘C’ roads, roads
3 Monthly - driven
linking the main and
secondary distributor
network, ‘D’&’U’ roads with
exceptionally high traffic
flow, industrial estate
service roads, residential
distributor roads with
considerable H.C.V. flow
C5
Local Access
Remaining ‘D’&’U’ roads i.e.
Annual – driven if
Road
residential loop roads,
accessible
housing estate roads,
otherwise walked
residential cul-de-sacs, rear
access roads, green lanes,
lay-bys
N.B.1 The designation of Green Lane is an informal one, and Green Lanes are in fact
unclassified County Highways. They are listed on the Departmental Geographic
Information System (GIS) by their road number i.e. G3025 and the prefix G
designates their prevailing condition and usage as Green Lanes.
10
TABLE 5: FOOTWAY HIERARCHY AND INSPECTION FREQUENCY
Footway
Hierarchy
Definition
Inspection
Category
Description
Frequency
F1
Primary
City/Town centres, busy
Monthly - walked
Walking
urban shopping and
Route
business centres with high
pedestrian volumes
F2
Secondary
Schools, local shopping
3 Monthly –
Walking
precincts, industrial outlets
walked
Route
F3
Link
Strategic footways in urban
6 Monthly –
Footways
areas connecting local
walked/driven
access footways to higher
category footways (i.e.
footways leading to
City/Town centres),
footways leading to large
employment establishments
F4
Local Access
Non strategic housing
Annual –
Footways
estate footways, cul-de-
walked/driven
sacs, divergent footways &
rural footways.
TABLE 6: CYCLE ROUTE HIERARCHY AND INSPECTION FREQUENCY
Cycle Route Category
Definition
Inspection
Frequency
A
Part of Carriageway
As for carriageway,
minimum frequency 6
monthly - driven.
B
Remote from carriageway
6 Monthly -
driven/cycled/walked
C
Cycle Trails
Annual - cycled/walked
2.5 DOUBLE MANNED SAFETY INSPECTIONS
2.5.1 In the interests of Inspector and network safety, all carriageway inspection routes
that are attributed with a monthly inspection frequency, as detailed in table 4, will
be subject to a double manned inspection regime. These categories of road are
targeted for double manned inspections due to their associated characteristics
such as higher traffic volumes, higher traffic speeds and numerous carriageway
events (e.g. frequent major junctions, traffic lights, pedestrian crossing points, bus
stops etc) which could potentially render a single man inspection impractical or
unsafe.
2.5.2 During these inspections there will be a designated driver and the inspection will
be conducted from the passenger seat of the vehicle. Hence, the Inspector’s
attention can be purely focused on conducting the inspection, enabling defects to
be effectively noted.
11
2.6
VARIATIONS TO STANDARD INSPECTION FREQUENCIES
2.6.1 Well-maintained Highways, code of practice for Highway Maintenance
Management July 2005, recommends that a risk management approach should be
adopted in determining the inspection frequencies appropriate to a particular road.
Although the maintenance category is the main determinant, the frequency of
inspection should be governed by the functionality of the road and take into
account the following factors:-
-
Category within the network hierarchy
-
Traffic usage, characteristics, and trends
-
Incident and inspection history
-
Characteristics of the highway corridor
-
Network management policies
-
Special designation of routes
E.g. Safer routes to schools, temporary diversion routes,
or roads subject to intensive traffic during holiday periods
2.6.2 The frequencies set out in Tables 4, 5 & 6 should be regarded as “starting point”
frequencies, which may be modified in the light of a consideration of the above
factors. Thus for the purposes of the Code, the frequencies should be regarded as
minimum values, with enhanced frequencies being determined by a simple risk
assessment of these factors, carried out by a Divisional Highway Manager in
consultation with the relevant Highway Inspector. The details of the risk
assessment should be documented on the form shown in Appendix 2 and
presented to the relevant Asset Management Technician, following which; the
enhanced frequency will be incorporated into the IHMS system. By way of
example; a carriageway may form part of a diversion route for a long term road
closure and as such is subject to a substantially increased traffic flow, hence may
warrant an increased inspection frequency. In many cases, an increased
inspection frequency will only be necessary for a finite period (i.e. the period of the
closure), when the circumstances giving rise to the enhanced frequency no longer
apply, then the relevant Asset Management Technician should be advised and the
IHMS system will again be amended.
2.7
VARIATIONS TO INSPECTION ROUTES
2.7.1
If, for any reason (i.e. a road closure) it is not possible to inspect all sections of the
assigned route, the details of the section or sections not inspected should be noted
on the IHMS system against the relevant road name upon completion of the route,
non inspection is denoted by a cross against the relevant road/section.
2.7.2 However, consideration must always be given to the potential of the closed section
forming part of a combined inspection route, for example, the carriageway may be
closed but the footway or cycleway remains open to pedestrians and cyclists or
access is being maintained to other roads or numerous frontages. If these
circumstances prevail steps should be taken to inspect the restricted section.
12
2.8
PROCESS MAP FOR CARRIAGEWAY, FOOTWAY AND CYCLEWAY
SAFETY INSPECTIONS
UPLOAD REQUIRED INSPECTION ROUTE FROM IHMS INTO VIC II SOFTWARE
ON TOUGH BOOK
UNDERTAKE INSPECTION
DEFECTS FOUND; COMPLETE RISK MATRIX
NO DEFECTS FOUND
AND CATEGORISE,
ENTER DEFECT ONTO VICII SOFTWARE
URGENT DEFECT; IMMEDIATE
RESPONSE REQUIRED
UPLOAD COMPLETED INSPECTION
CONTACT ENTERPRISE
ROUTE ONTO IHMS SYSTEM
SUPERVISOR OR LHO
(SOFTWARE PROMPT GIVEN IN ‘NO
DEFECTS FOUND’ SCENARIO)
IF NECESSARY FOR SAFETY REASONS
REMAIN ON SITE UNTIL CREW ARRIVES
OR MAKE SAFE FOR INTERIM
DEFECTS PACKAGED BY
(I.E. CONE OFF (SEE NB 2))
LHO/ENTERPRISE
SUPERVISOR
CREW ATTEND SITE AND
WORKSHEETS PRINTED OUT FOR
REPAIR/MAKE SAFE
IDENTIFIED DEFECTS
COMPLETE ROUTE AND
UPLOAD COMPLETED
WORKSHEETS PASSED TO
INSPECTION ROUTE ONTO
RELEVANT CREW
IHMS SYSTEM
WORK
WORKSHEETS PRINTED OUT FOR
COMPLETED
IDENTIFIED DEFECTS
WORKSHEETS RETURNED WITH COMPLETION DATE
WORKSHEET PASSED TO RELEVANT
AND OPERATIVES SIGNATURE
CREW TO COMPLETE AND SIGN
RETROSPECTIVELY
IHMS SYSTEM UPDATED WITH COMPLETION DATE
AND OPERATIVES DETAILS
NB1: Where defects with potentially serious consequences for network safety are
made safe by temporary signing or repair, arrangements should be made for a
special inspection regime to ensure the continued integrity of the signing or repair
is maintained until a permanent repair can be made.
NB2: Defects should only be coned off when the defect location makes coning a
viable option (i.e. adjacent to kerb, in a verge, in a f/way) and it is safe to do so.
13
2.9
PROCESS MAP FOR HIGHWAY DEFECTS WHICH ARE THE
RESPONSIBILITY OF OTHERS (I.E. PUBLIC UTILITY COMPANIES AND
PRIVATE ROAD OPENINGS, FOR TREES, HEDGES, FENCES & WALLS SEE
4.13.1 & 4.19.1)
UPLOAD REQUIRED INSPECTION ROUTE FROM IHMS INTO VIC II SOFTWARE
ON TOUGH BOOK
UNDERTAKE INSPECTION
THIRD PARTY DEFECT FOUND, COMPLETE RISK MATRIX AND
CATEGORISE, ENTER DEFECT ONTO VICII SOFTWARE
CATEGORY 2; DEFECT 2, 3, 4
CATEGORY 1; DEFECT 1
URGENT RESPONSE REQUIRED
WHERE SAFE TO DO SO, TAKE 2No
CONTACT NETWORK INSPECTOR (IN
PHOTOGRAPHS, 1 PLAN & 1 LOCATION (PLAN
ABSENCE OF NETWORK INSPECTOR
MUST SHOW SCALE, I.E. TAPE MEASURE)
CONTACT NETWORK MANAGEMENT UNIT)
WHERE SAFE TO DO SO, TAKE 2No PHOTOGRAPHS, 1
UPLOAD COMPLETED INSPECTION
PLAN & 1 LOCATION, (PLAN MUST SHOW SCALE I.E.TAPE
ROUTE ONTO IHMS SYSTEM
MEASURE)
IF NECESSARY FOR SAFETY REASONS
REMAIN ON SITE UNTIL THIRD PARTY
ELECTRONICALLY COMPLETE DEFECT NOTICE INCLUDING
ARRIVES OR MAKE SAFE FOR INTERIM
ROUTE REFERENCE & PHOTOGRAPHS AND FORWARD TO
(I.E. CONE OFF (SEE NB 2)) A THIRD
NETWORK INSPECTOR (IN ABSENCE OF NETWORK
PHOTOGRAPH WILL BE REQUIRED FOR
INSPECTOR FORWARD TO NETWORK MANAGEMENT UNIT
DANGEROUS DEFECTS THAT HAVE BEEN
AND COPY NETWORK INSPECTOR IN)
MADE SAFE BY THE HIGHWAY AUTHORITY OR
THIRD PARTY DETAILING THE MAKE SAFE
NETWORK INSPECTOR TO ISSUE DEFECT NOTICE IN
ELECTRONIC FORMAT VIA NETWORK MANAGEMENT
THIRD PARTY ATTEND SITE AND
UNIT AND UPDATE CENTRALLY HELD DATABASE
REPAIR/MAKE SAFE
WORKS NOT COMPLETED WITHIN
CONDUCT PERIODIC INSPECTIONS
TIMESCALE ARRANGE
OF DEFECT TO MONITOR CONDITION
REPAIR/MAKE SAFE (FORWARD
AND RECTIFICATION
ASSOCIATED COSTS TO NMU FOR
RECHARGE PURPOSES)
WORKS NOT COMPLETED
WITHIN TIMESCALE CONDUCT
COMPLETE ROUTE AND UPLOAD
WORKS AND FORWARD
COMPLETED INSPECTION ROUTE ONTO
ASSOCIATED COSTS TO NMU
IHMS SYSTEM
FOR RECHARGE PURPOSES
WORK
COMPLETED
CENTRALLY HELD DATABASE UPDATED
NB1: Where defects with potentially serious consequences for network safety are
made safe by temporary signing or repair, arrangements should be made for a
special inspection regime to ensure the continued integrity of the signing or repair
is maintained until a permanent repair is made.
NB2: Defects should only be coned off when the defect location makes coning a
viable option (i.e. adjacent to kerb, in a verge, in a f/way) and it is safe to do so.
14
2.10 DEFECT CATEGORIES AND RESPONSE TIMES
2.10.1
Well-maintained Highways, code of practice for Highway Maintenance
Management July 2005 defines two categories of defects:-
Category 1 Defects, requiring prompt attention, because they represent an
immediate or imminent hazard, or because there is a risk of short-term
deterioration.
Category 2 Defects are defined as “all other defects”, which are of a non-urgent
nature and may be included in planned programmes of work, according to overall
maintenance priorities.
2.10.2
The Code recommends that “Highway Authorities should adopt a range of local
response times and apply them in responding to various types of defects,
according to the perceived degree of risk, having regard to the characteristics and
use of the network”. It states that “the degree of deficiency in a particular element
of the highway is crucial to determining the nature and speed of response in
repairing that defect”.
2.10.3 The Code gives general guidance on the speed of response, but recommends that
on-site judgement should be used to determine the need and timescale to respond
to particular local circumstances. As stated previously, the degree of risk from a
pothole depends upon not merely its depth, but also on its surface area and
location.
2.10.4 Following a risk assessment, the actual response time to repair a defect should be
specified by the Inspector, having regard to the following factors:-
-
Category of road/footway/cycle route within network hierarchy
-
Traffic and/or pedestrian use, characteristics and trends
-
Location (if the defect is in a vulnerable location, i.e. in the carriageway
wheel track or in the vicinity of a hospital or school)
-
Specially designated route (i.e. Safer Routes to School or a traffic diversion
route)
-
Existing or predicted climatic conditions (sensitive locations – flooding etc)
2.10.5 In all cases, utilising a risk management approach, the Inspector should make a
conscious decision to, either treat the defect as one which requires immediate
attention, or, alternatively, specify the response time which, taking all of the above
factors into account, is deemed to be appropriate. In relation to urgent Category 1
defects, in certain instances a defect may be deemed so dangerous that an
inspector is required to immediately make the defect safe (i.e. cone off, where
coning is a viable option and it is safe to do so) or alternatively wait on site until a
relevant crew arrives to carry out remedial action.
15
2.10.6 It will thus be seen that a degree of flexibility is available to tailor the defect
response time to the particular circumstances which prevail. Having decided on an
appropriate response time, this should be entered onto the IHMS database, and
the Authority will endeavour to ensure that the actual response time is not allowed
to extend beyond the specified period. Systems are in place to monitor
performance on the response times being achieved, and it is important to ensure
that the specified response times are not exceeded, except in exceptional
circumstances, so that the County Council’s adherence to their stated policies can
be adequately demonstrated.
2.11 CATEGORY 1 DEFECTS (Defect 1)
2.11.1 Defect
1: These are defects which require prompt action because they represent
an immediate or imminent hazard, or because there is a risk of short term
deterioration.
Three alternative actions arise:
(a) Make the defect safe at the time of inspection (i.e. sign and cone off) and
summon a maintenance crew to break off their existing work to carry out
immediate repairs. In certain instances an inspector may be required to wait on
site until the relevant crew arrives to make carry out remedial action.
(b) Request a maintenance crew to make the site safe or carry out repairs within
24 hours.
(c) Request a maintenance crew to make the site safe and make arrangements for
permanent repairs to be carried out within 28 days.
NB1: Where defects with potentially serious consequences for network safety are
made safe by temporary signing or repair, arrangements should be made for a
special inspection regime to ensure the continued integrity of the signing or repair
is maintained until a permanent repair can be made.
NB2: The decision on which course of action to adopt would depend on an ad hoc
risk assessment, which would typically include a consideration of the following
factors.
-
The nature and severity of the defect
-
Traffic and/or pedestrian usage
-
Location e.g. wheel track, o/s hospital or school, proximity to a road junction
-
Congestion/disruption caused by temporary traffic control
-
Diversion Route
Special Designation Route e.g. Marathon
-
Existing or predicted climatic conditions
16
2.12 CATEGORY 2 DEFECTS (Defects 2, 3 & 4)
2.12.1 Category 2 Defects consist of all types of defects other than Category 1 defects
and here again, the nature and timing of the response will be determined by
assessing the degree of risk and taking into account the same factors detailed in
respect of the response to Category 1 defects. Category 2 defects have been
divided into three risk classifications, High, Medium and Low risk as suggested by
Well-maintained Highways Code of Practice for Highway Maintenance
Management July 2005. These defects will be referenced as defects 2, 3 and 4
respectively, and the following response times should be apportioned;
- Defect 2: High Risk Category 2 defect; Make safe or repair within 7 calendar
days
- Defect 3: Medium Risk Category 2 defect; Repair within 28 calendar days
- Defect 4: Low Risk Category 2 defect; Carry out repair during the next available
programme, add to scheme request log, consider for community gang
programme, schedule a more detailed inspection or schedule
intermediate inspections before next standard inspection to monitor
site condition.
2.13 COMMENCEMENT OF DEFECT RESPONSE TIMES
2.13.1 The response time for carrying out remedial work varies with the Category of
defect.
2.13.2 The response times stated in sections 2.11 & 2.12 commence from the time that
the County Council first became aware of the existence of a defect (i.e. if the
Authority is notified via electronic mail, it first becomes aware of the defect when
the electronic mail is opened). This is particularly important in relation to defects
which require an urgent response. Because the 24 hour response time starts
when the County Council was first informed of the defect by a member of the
public,
only CLARENCE reports that are attributed an emergency or high priority
will be assumed to be a category 1 defect. In relation to defects noted by the
highway inspector the 24 hour response time commences from the point that the
defect was noted.
2.13.3 Category 2 defects will be submitted to the IHMS system and dealt with by the
appropriate Local Highway Officer or Enterprise Supervisor, on the understanding
that the work will be included in a planned programme of work at the earliest
opportunity, but that no undue risk is judged to exist in the intervening period.
17
2.14 GUIDELINES ON CATEGORY 1 DEFECTS
2.14.1 Tables 7 & 8 are intended to give general guidance
only, to Highway Inspectors
on the existence of category 1 defects; they are by no means exhaustive.
TABLE 7: CATEGORY 1 DEFECTS (Defect 1): Defects presenting an immediate or
critical hazard to road users requiring
IMMEDIATE ACTION to make safe or repair.
Such defects include, but are not limited to the following:-
Defect
Intervention Criteria
- Major debris or spillage on the
None specifiable
highway
- Critically unstable overhead wires,
None specifiable
trees or structures
- Exposed live wiring
None specifiable
- Carriageway / footway / cycleway
None specifiable
collapse with high risk of accidents
/ loss of control
- Isolated standing water with high
Standing water in wheel tracks
risk of loss of control
- Missing or seriously defective
None specifiable
ironwork with high probability of
injury to highway users
18
TABLE 8: CATEGORY 1 DEFECTS (
Defect 1)
CONTINUED: Defects presenting an
urgent or imminent hazard, or risk of rapid structural deterioration requiring urgent
repairs or to be made safe
WITHIN 24 HOURS. Such defects will include, but are not
limited to the following:
Defect
Intervention Criteria
-
Rapid deterioration in stability of
Non specifiable
overhead wires, trees or structures
-
Damaged, defective or obscured
One or more signal heads defective
traffic signals
-
Missing, obscured or dirty ‘Stop’
None specifiable
signs and road markings
-
Missing, obscured or dirty ‘Give Way’
None specifiable
signs and road markings at a location
of potential high risk (i.e. a junction
joining a major road)
-
Missing or seriously damaged safety
Fencing unable to serve the intended function
or pedestrian fencing
-
Pothole, trench or other abrupt
Risks associated with depth / size will vary
carriageway level difference, of a size
according to location
and location likely to cause vehicle
damage / loss of control
-
Edge deterioration with abrupt level
Exceeding 100mm in depth
difference of a size and location likely
to cause loss of control
-
Pothole, trench or other abrupt level
Exceeding 20mm in depth
difference on remote or carriageway –
located cycle track, of a size and
location likely to cause injury / loss of
control
-
Pothole, trip or other abrupt level
Exceeding 20 mm in depth
difference in footway or kerb line of a
size and location likely to cause injury
to users
-
Gap / joint in footway of a size and
Exceeding 20mm in width
location likely to cause injury to users
19
2.15 THIRD PARTY DEFECT REPORTS 2.15.1 Additional safety inspections will also be required in response to reports of
defects on the highway, received from third parties. Following inspection of the
site, when they are found to be valid, such defects will be risk assessed and
attended to in accordance with the response times for Category 1 or 2 defects. In
the case of CLARENCE reports, pertinent staff, should record their findings and
the attributed defect category in the close notes of the relevant report, and the
IHMS system updated to reflect the same.
2.16 CARRIAGEWAY INSPECTIONS 2.16.1 Safety inspections on carriageways will normally be carried out from a slow
moving vehicle, and will either be subject to a double manned inspection regime
or carried out by an unaccompanied inspector dependant on hierarchical
standing.
2.16.2 Vehicle based safety inspections should be carried out in accordance with the
established risk management control procedures contained in the Area Office
Health and Safety File. Inspectors, whilst recording defects, should avoid parking
on the highway, in a manner which is likely to compromise their personal safety or
that of other road users.
2.17 PERFORMANCE INDICATORS
2.17.1 Each year, the County Council is required, under the Local Government Act
1999, to publish details of its performance on certain key aspects of its work, and
the calculations on which the performance is based, are audited by the District
Auditor. The County Council also publishes various Local Performance Indicators
which are included in the Department’s Delivery Plan/Service Plan. In the context
of the County Council’s highway safety inspection regime, the key local
performance indicator relates to our response to Category 1 defects within 24
hours.
2.17.2 The publication of the indicators is intended to demonstrate the County Council’s
ability to deliver best value, and achieve continuous improvement, in service
provision to our customers. It is, therefore, important to pay particular attention to
ensuring that all such defects are dealt with promptly, and that proper records are
kept, to enable the County Council to substantiate its performance.
2.17.3 A second indicator is that relating to the number of highway-related third party
claims for compensation, which the County Council receives each year and, here
again, an effective safety inspection regime is crucial to the minimisation and
repudiation of such claims.
2.17.4 Other indicators are likely to be introduced as part of the developing performance
management regime.
20
2.18 DEFECT RECORDING PROCEDURES FOR SAFETY INSPECTIONS
2.18.1 All highway defects which are noted should be recorded on the tough book
recording devices, separate instructions are available on the operation of these
facilities. (Refer to Asset Management Technician).
2.18.2 Where no tough book computer facility is available the defects should be
recorded on site via a hand-held tape recorder or notebook and transferred to the
IHMS system on return to the office.
2.18.3 When an inspector has completed the designated inspection route, the IHMS
system will present him/her with a list of road names contained within that route
each of which is accompanied by a tick box. A tick within that box represents
inspection of that section of the route, conversely a cross indicates no inspection,
this is a mechanism by which completion of a route can be guaranteed and
makes it absolutely clear, in the context of any legal scrutiny of our
documentation and records that an inspection took place. In the scenario of no
defects being identified on an inspection route, the software will provide a prompt
to that effect prior to the completed route being loaded back into the IHMS
system, as a confirmation of no defects being identified.
3.0 STAFF OBLIGATIONS
3.1 GENERAL OBLIGATION OF HIGHWAYS MANAGEMENT STAFF
TO NOTE AND RELAY DEFECTS TO APPROPRIATE TEAM MEMBERS
3.1.1
All maintenance staff have a general responsibility for observing and reporting
defects on all categories of road, during the course of their normal duties of
managing the maintenance of the highway network. Such defects should be
notified to the relevant highway inspector on his/her return to the office, or, in the
case of Category 1 defects, to the relevant Local Highway Officer or Enterprise
Supervisor for immediate action to be taken. In order to deliver best value to our
customers, we all need to work as a team and, therefore, staff should not be
reluctant to provide or receive information which assists the achievement of our
service objectives.
21
4. NOTES ON TYPICAL HIGHWAY DEFECTS
Note where investigatory levels are quoted in the following notes, these are for
purposes of guidance only, and inspection items with a lesser degree of deficiency
may, in particular circumstances; pose an equal or greater safety hazard.
4.1 CARRIAGEWAY POTHOLES / DEPRESSIONS
4.1.1
Potholes of any depth should be noted where their location and shape significantly
affect carriageway riding quality and/or pose a safety risk. Potholes imminently
approaching, corresponding to or is in excess of 40mm depth should normally be
recorded and risk assessed, any pothole greater than 100mm in depth is
considered to be a dangerous defect. Where wheel tracking is present in the
carriageway, this should be recorded where there is a risk of standing water or
where the passage of vehicles, especially motorcycles, are likely to be affected.
4.2 SAFETY FENCE AND BARRIERS 4.2.1 Any impact to safety fence or barriers that has caused structural damage; corroded
parts, missing parts and any noticeable parts not to standard. Following the initial
identification of a defect, consideration should be given to the need for a more
detailed inspection of the whole fence or barrier.
4.3 DAMAGED SIGNS OR BLATANTLY INCORRECT SIGNS
4.3.1 Sign face or post damage, missing parts, inconspicuous, mis-aligned, misleading.
4.4 OBSCURED SIGNS 4.4.1 Signs not easily visible, e.g. obscured by vegetation, moss, or other signage &
street furniture. Particular note should be taken of signs located in the vicinity of
trees which become contaminated or obscured by lichen.
4.5 LIGHTING COLUMNS, ILLUMINATED SIGNS/BOLLARDS 4.5.1 Evidence of vehicle impact, exposed wiring, missing or loose inspection covers,
vandal damage or severely corroded columns. Such defects should be referred to
the County Council’s PFI Contractor via the “CLARENCE” defect reporting facility.
4.6 RECESSED ROAD STUDS 4.6.1 Dislodged or missing metal road studs. (If found, remember to book a pothole so
that a temporary repair can be undertaken on the resulting hole.)
4.6.2 Where more than 10% of the studs or individual cat’s eyes are ineffective or
missing then the marking system is considered to be substandard.
4.7 OVERRIDING OF VERGES 4.7.1 Overriding of verges causing rutting along the edge of the carriageway greater
than 100mm deep and 10m in length.
22
4.8
DEFECTIVE IRONWORK
4.8.1
Ironwork which is broken, missing, faulty, badly fitting, worn smooth or has sunk
abruptly more than 40mm, or protrudes above the carriageway or footway surface
more than 20mm.
Where ironwork is missing or seriously defective with a high probability of injury to
highway users it should be regarded as a dangerous defect.
(Following a risk assessment and categorisation, defective utility ironwork should
be recorded on the IHMS system. A defect notification form should be completed
in electronic format accompanied by the route reference and photographic
evidence; this should then be forwarded to the relevant Network Inspector in
order that they can notify the utility company concerned via the Network
Management Unit. In the absence of the Network Inspector the completed defect
notification form should be sent to the Network Management Unit and the
Network Inspector copied in.)
4.9
DISLODGED OR LOOSE KERBS
4.9.1
Any kerb, which is loose or projects more than 50mm into the
carriageway/footway or presents a trip hazard greater than 20mm.
4.10 DISLODGED OR LOOSE SETTS 4.10.1 Any sett, which is loose or projects more than 50mm into the carriageway/footway
or presents a trip hazard greater than 20mm.
4.11 TRENCHES 4.11.1 Any trench, which has settled in the carriageway or footway. If the trench is
associated with utility works and is within the two or three year guarantee period,
the utility concerned must be approached to take the necessary remedial action in
accordance with the defective reinstatement procedure as defined in NRSWA.
(Even outside the guarantee period, where the subsidence can be attributed to
defective workmanship, then the utility is liable for the reinstatement).
4.12 OBSTRUCTIONS – GENERAL
4.12.1 Any obstruction on any part of the highway network which is considered
dangerous for vehicle drivers, pedestrians or cyclists. This item includes
unauthorised roadside posts and boulders and tree debris. (See relevant
standard letters in Appendix 4 and paragraph 4.2.8.2 of the County Highways
Network Management Policy Document).
4.12.2 This item also includes the presence of plastic fixing ties, on sign or lamp
columns, used in connection with fly posters, particularly those fixed at eye height
of children or adults, which are thus likely to cause a hazard.
23
4.13 TREE DEFECTS 4.13.1 Applies to any tree located within the highway boundary, or located outside the
highway boundary, but within falling distance of the highway, which has
overhanging branches (refer to table 1 for investigatory levels), shows evidence
of being dead, diseased, or of a generally unsafe or unsound nature. Also
applies to any significant tree debris left within the highway boundary after felling.
In cases of doubt, or where large scale remedial works are proposed, the advice
of the relevant Divisional Highway Manager should be sought. Appendix 5 sets
out general guidelines on the recognition of hazardous trees.
N.B. For non-highway trees, except where the defect constitutes immediate safety
hazard, the relevant standard letter contained in Appendix 4 should be used in
the first instance to affect a response from the frontager concerned.
4.14 INADEQUATE VISIBILITY 4.14.1 Covers any impaired visibility at road junctions caused by overgrown vegetation,
badly sited signs, or other obstruction.
4.15 STANDING WATER 4.15.1 Caused by depressions of the highway surface, a blocked drainage system, or
water discharging on to, or flowing across the highway. Applies to carriageway
standing water more than 500mm from the kerb face, or found in wheel track
rutting depressions.
4.15.2 Also applies to footway standing water more than 10mm deep that restricts the
footway width to less than 0.5m, or is likely to cause pedestrians to use the
adjacent carriageway.
4.16 DETRITUS, SPILLAGE OR CONTAMINATION 4.16.1 Motorcycles and cycles are particularly vulnerable to this type of defect, primarily
on bends and junctions. It applies to situations where there is a need to clear the
highway network of detritus, spillage or contamination, which has arisen because
of e.g. leaf fall, loose aggregate or load spillage.
N.B.1 Except where the deposits on the highway prevent the safe passage of
vehicles or pedestrians, such matters should be referred in writing to the
appropriate environmental health authority or land owner using the relevant
standard letter contained in Appendix 4.
N.B.2 Includes accumulation of detritus at junctions, traffic islands and hatched
areas of carriageway.
4.17 WEED GROWTH 4.17.1 Any significant ingress of weeds within the wearing course, of a carriageway,
footway or cycleway, or within kerb drainage channels, which has caused
disruption of the highway fabric, and/or will impede the flow of surface water.
24
4.18 FOOTWAY POTHOLES, TRIPS, DEPRESSIONS OR UNEVEN SURFACES 4.18.1 Potholes, trips and rocking flags imminently approaching, corresponding to or in
excess of 20mm should normally be recorded and risk assessed. Rapid change
of footway profile greater than 25mm, particularly sites extending in plan
dimension less than 600mm.
4.19 HEDGES, FENCES AND WALLS 4.19.1 Covers any situation where a hedge, fence or wall is impeding, the passage of
vehicles, cyclists or pedestrians.
N.B. For non-highway hedges, fences, and walls and except where the defect
constitutes an immediate safety hazard, the relevant standard letter contained in
Appendix 4 should be used in the first instance to affect a response from the
frontager concerned.
4.20 ROAD MARKINGS 4.20.1 Covers any noticeable defect with Road Markings, e.g. faded lines, missing or
loose road studs. Where satisfactory response times cannot be achieved, due to
the non-availability of a road marking contractor, it will be acceptable to place a
“No Road Markings” sign for the interim period. Particular care should be taken
to monitor the condition of mandatory road markings e.g. stop lines or double
lines.
4.20.2 Road markings should be considered to be inadequate when more than 30% of
the marking material is worn away.
4.21 ACCIDENT DAMAGE
4.21.1 Damage to any part of the Highway Network or infrastructure, which has been
caused by a third party.
N.B. A note of all available details of the third party should be recorded.
4.22 BLOCKED DRAINAGE SYSTEMS
4.22.1 Flooding of the Highway Network caused by inadequate or a blocked drainage
system e.g. blocked gully or grips. Specific attention should be given to the
condition/operation of grips and gullies in sensitive locations, for example, at or
near low points so as to prevent flooding.
4.23 OTHER 4.23.1 Covers any other defect not mentioned in the above list, but which is considered
to constitute a safety hazard.
25
5.
ADDITIONAL NOTES
5.1 NOTES FOR HIGHWAY SAFETY INSPECTORS
5.1.1
During all inspections, the inspector must be constantly on the lookout for any of
the types of defect defined in this code, for which some form of action is required.
Inspectors should consider the particular needs of vulnerable road users such as
children, the elderly and the disabled as well as pedestrians, cyclists,
motorcyclists, and motor vehicle users, in general, in assessing the severity of the
defect and the appropriate response time.
5.1.2 For all highway defects logged on IHMS the following information will be
recorded:-
-
Nature of defect
-
Location/Route No.
-
Time/Date the defect was noted
-
Time/Date the defect was rectified
-
Weather Conditions
5.1.3 The inspector shall maintain a record of inspections which includes all inspections
which have been carried out, together with his or her leave/absence details.
5.1.4
Where a length of carriageway is ‘extensively’ potholed, each pothole should be
recorded, as opposed to an aggregated area.
5.1.5 In the event of an identified defect being a Pothole, the size must be recorded as
follows; the area in m² and the depth in mm.
5.1.6
A text description in addition to location must be given to aid the identification of
the defect.
5.1.7 Where no defects are observed, this is confirmed by a software prompt before
loading the completed route into the IHMS system.
5.1.8 Where action is taken on site to remedy a defect either by the Inspector or by the
Contractor whilst the Inspector is still in attendance, the defect should still be
recorded on the IHMS system.
5.1.9 Reports are available in a wide variety of formats and content, however, the
principal reports which will be used in connection with the safety inspection regime
are as follows:-
-
GIS based display of the incidence of highway defects by type.
-
Record of inspections undertaken on a specific section of road.
-
Actual defect response time compared with required response time.
26
APPENDIX 1
HIGHWAY INSPECTIONS - RELEVANT LEGISLATION -
Section 41 Highways Act 1980. Highway Authorities are under a duty to maintain
the highway.
-
If it does not maintain, the Highway Authority is liable to be charged with statutory
negligence and potentially manslaughter in the event of a fatality.
-
Section 58 of Highways Act 1980. Provides a defence, such that if the Highway
Authority can prove that it took such care, as in all the circumstances, was
reasonably required, considering the following factors, then the defence is likely to
be valid:-
-
The character of the highway and traffic reasonably expected to use it.
-
The standard of maintenance appropriate for a highway of that character.
-
The state of repair which a reasonable person would have expected to find
the highway.
-
Whether the Highway Authority knew, or could reasonably have been
expected to know, that the condition of the highway was likely to cause
danger to the users (e.g. evidence of previous complaints).
-
What warning notices had been displayed.
N.B.
1.
For a Highway Authority to plead that there was no regular inspection of the
highway and, even if there had been, it had insufficient resources to make road
safe is NOT a sufficient defence. Therefore, in order to reduce their potential
liability, the Highway Authority must routinely inspect the highway network, so that
defects can be identified, categorised and therefore prioritised, to ensure that
defects are rectified within appropriate timescales in a cost effective and efficient
manner.
2.
If the HA can establish that it exercised reasonable care, but through no fault of his
own, had been unable to take steps to make the highway safe, it may potentially
escape liability.
3.
In Meggs v Liverpool Corporation, it was held that a footway was reasonably safe,
even though it had an occasional ridge of ½ to ¾ of an inch (13mm to 19mm).
4. In Griffiths v Liverpool Corporation, the Highway Authority was held liable for an
unsafe footway, because it was shown that there had been an inadequate system
of inspection and repair.
5. It is worthy of note that the legal cases stated in 3 & 4 above are there by way of
example, and may not necessarily represent a Court’s view on any particular case
as other precedent may also be relied on.
27
APPENDIX 2
STAFFORDSHIRE COUNTY COUNCIL
DEVELOPMENT SERVICES DEPARTMENT
Risk Assessment for Variation in Inspection Frequency
Road No.
From
To
Circumstances giving rise to the need to vary the inspection frequency
Existing Inspection Frequency
Proposed Inspection Frequency
Period of varied Inspection Frequency
Risk Assessment Completed By
Date
Varied Inspection Frequency Endorsed By
Date
28
APPENDIX 3
RISK MATRIX
PROBABILITY
Very Low [1]
Low [2]
Medium [3]
High [4]
►
IMPACT ▼
Negligible [1]
1
2
3
4
Low [2]
2
4
6
8
Noticeable [3]
3
6
9
12
High [4]
4
8
12
16
Category 2 Defect 4 Category 2 Defect 3
Category 2 Defect 2
Category 1 Defect 1
(Low Risk) Carry out
(Medium Risk)
(High Risk) Make
Various responses
repair during next
Repair within 28
safe or repair in 7
within 24 hrs
available programme
calendar days
calendar days
29
APPENDIX 4: STANDARD LETTERS
(FILE PATH FOR LETTERS = H:\Highways\General Info\Standard Documents)
STANDARD LETTER: A4.1 DEAD OR DYING TREE: INITIAL LETTER
Our Ref
Your Ref
Date
Dear Sir/Madam,
DEAD OR DYING TREE(S):
……
(LOCATION) ………………………………………..…
During routine highway inspections within your area, it has been noted that the
…………
(Description of tree(s)) …………………………………… located on your
land which is situated alongside the ……
(Road Number/Road Name) …… poses a
potential danger to road users or pedestrians, because it appears to be dead or
dying and is within falling distance of the highway.
The purpose of this letter is to ensure that you understand that you will be held liable
for any claim for injury or damages which may arise, due to the condition of the tree.
I would therefore be grateful if you could arrange to have
(it/them) inspected by a
competent tree surgeon and for the appropriate remedial work to be carried out as
soon as possible. Our general policy in this respect is to favour pruning and lopping
work, as opposed to felling the tree, unless this is absolutely necessary.
I can, if you wish, provide you with a copy of the County Council’s approved list of
tree surgeons.
Prior to undertaking any work on the tree
(s) in question, you will need to contact
your District Council, to check if there is a tree preservation order or other restriction
governing any work on the tree, in which instance, the District Council will advise
you on what actions to take.
Will you please let me know what arrangements you have made to render the tree
(s) safe, a follow up inspection will be conducted within the next
(7/14/21/28) days in
order to monitor progress. If you believe that the tree
(s) (is/are) not owned by you,
please let me know and if possible let me have the name and address of the owner.
If necessary, the Highways Act 1980: Section 154, provides the County Council with
powers to serve a formal notice, requiring you to carry out the necessary work within
14 days, after which, the County Council can arrange for the work to be carried out
and for any associated costs, including administration and supervision, to be
charged to you. However, I trust that it will not be necessary to resort to this
procedure.
If you have any questions about the above matter, you are welcome to contact us on
the telephone number at the head of this letter.
Finally, please may I thank you for your co-operation in this matter.
Yours faithfully,
30
STANDARD LETTER: A4.2 DANGEROUS TREE: INITIAL LETTER Our Ref
Your Ref
Date
Dear Sir/Madam,
DANGEROUS TREE(S):
……
(LOCATION) ……………………...............................
During routine highway inspections within your area, it has been noted that the
…………
(Description of tree(s)) … ... ………………………………located on your
land which is situated alongside the ……
(Road Number/Road Name) …… poses a
potential danger to road users or pedestrians, because of…...
(e.g. overhanging
boughs less than 5.1m (16’6”) above road level or unsafe weak boughs) ... ...
which are within falling distance of the highway.
The purpose of this letter is to ensure that you understand that you will be held liable
for any claim for injury or damages which may arise, due to the condition of the tree.
To maintain the safety of road users and pedestrians, I would be grateful if you could
arrange for the bough
(s) to be attended to as soon as possible.
I can, if you wish, provide you with a copy of the County Council’s approved list of
tree surgeons.
Prior to undertaking any work on the tree
(s) in question, you will need to contact
your District Council, to check if there is a tree preservation order or other restriction
governing any work on the tree, in which instance, the District Council will advise
you on what actions to take.
Will you please let me know what arrangements you have made to render the
tree
(s) safe, a follow up inspection will be conducted within the next
(7/14/21/28) days in order to monitor progress. If you believe that the tree
(s) (is/are) not owned
by you, please let me know and if possible let me have the name and address of the
owner.
If necessary, the Highways Act 1980: Section 154, provides the County Council with
powers to serve a formal notice, requiring you to carry out the necessary work within
14 days, after which, the County Council can arrange for the work to be carried out
and for any associated costs, including administration and supervision, to be
charged to you. However, I trust that it will not be necessary to resort to this
procedure.
If you have any questions about the above matter, you are welcome to contact us on
the telephone number at the head of this letter.
Finally, please may I thank you for your co-operation in this matter.
Yours faithfully,
31
STANDARD LETTER: A4.3 DEAD, DYING OR DANGEROUS TREE(S):
FOLLOW UP LETTER
Our Ref
Your Ref
Date
Dear Sir/Madam,
NOTIFICATION OF DEAD, DYING OR DANGEROUS TREE(S)
HIGHWAYS ACT 1980 – SECTION 154
I wrote to you on …………
(Date) ………… to explain my concerns regarding the
condition of the tree
(s) located on your land situated alongside the
………
…
(Road Number/Road Name/Location Details) ………… because
(they/it) (is/are) within falling distance of the highway.
Since I have not heard from you regarding your arrangements for dealing with the
tree
(s), I would be grateful if you could advise me, without further delay, of what
action you propose to take.
This correspondence is Formal Notice under Section 154 of the Highways Act
1980, the Statutory Notice in this respect is enclosed. Failure to act on this
Notice within 14 days, will entitle the County Council to enter your land and
take the necessary action on a rechargeable basis. You have the right to
appeal to the local Magistrates Court against this Notice.
Our general policy is to encourage pruning and lopping work in preference to felling
trees and I recommend that you seek advice from a qualified tree specialist to
decide what work needs to be done.
I can, if you wish, provide you with a copy of the County Council’s approved list of
tree surgeons.
Prior to undertaking any work on the tree
(s) in question, you will need to contact
your District Council, to check if there is a tree preservation order or other restriction
governing any work on the tree, in which instance, the District Council will advise
you on what actions to take.
/Cont’d…
32
I would like to point out that our inspection of private trees that are located outside
the highway boundary, is limited to a roadside viewpoint and we recommend that
you inspect all such trees regularly and also arrange for them to be examined, from
time to time, by a qualified tree specialist, since the full extent of the work which may
be necessary can only be determined by a detailed inspection. It is for this reason
that we cannot accept any liability for any costs which you incur in arranging for such
an inspection, in this particular case, irrespective of the results.
If you have any questions about the above matter, you are welcome to contact us on
the telephone number at the head of this letter.
Finally, please may I thank you in anticipation of your co-operation in dealing with
the above matter in a prompt manner.
Yours faithfully,
33
STANDARD LETTER: A4.4 OVERGROWN HEDGES, TREES OR SHRUBS:
INITIAL LETTER
Our Ref
Your Ref
Date
Dear Sir/Madam,
OVERGROWN HEDGES (TREES OR SHRUBS)
….. (ROAD NUMBER/ROAD NAME/LOCATION DETAILS) ..….
During routine highway inspections within your area, it has been noted that the
hedges/trees/shrubs) located on land which is believed to be owned by you are:
-
likely to endanger road users (or pedestrians)
-
likely to obstruct road users (or pedestrians)
-
likely to obstruct or interfere with the view of vehicle drivers
-
likely to obstruct the light from the adjacent street light
(delete as appropriate)
The purpose of this letter is to ensure that you understand that you will be held liable
for any claim for injury or damages which may arise, due to the condition of the
(hedges/trees/shrubs).
I would therefore be grateful if you could arrange to prune or cut back the
(hedges/
trees/shrubs) so as to remove the danger or obstruction as soon as possible. A
follow up inspection will be conducted within the next
(7/14/21/28) days in order to
monitor progress. If you believe that the
(hedges/trees/shrubs) (is/are) not owned
by you, please let me know and if possible let me have the name and address of the
owner.
If necessary, the Highways Act 1980: Section 154, provides the County Council with
powers to serve a formal notice, requiring you to carry out the necessary work within
14 days, after which, the County Council can arrange for the work to be carried out
and for any associated costs, including administration and supervision, to be
charged to you. However, I trust that it will not be necessary to resort to this
procedure.
If you have any questions about the above matter, you are welcome to contact us on
the telephone number at the head of this letter.
Finally, please may I thank you for your co-operation in this matter.
Yours faithfully,
34
STANDARD LETTER: A4.5 OVERGROWN HEDGES, TREES OR SHRUBS:
FOLLOW UP LETTER
Our Ref
Your Ref
Date
Dear Sir/Madam,
NOTIFICATION OF OVERGROWN HEDGES (TREES OR SHRUBS)
HIGHWAYS ACT 1980 – SECTION 154
I wrote to you on…………
(Date) …………to explain my concerns that the
(hedges/
trees/shrubs) ……………
(Location) …………………………………
……….……..……are………
(Identify problem as per previous letter) …………
and pose a potential safety hazard.
Since I have not heard from you regarding your arrangements for dealing with the
(hedges/trees/shrubs), I would be grateful if you could advise me, without further
delay, of what action you propose to take.
This correspondence is Formal Notice under Section 154 of the Highways Act
1980, the Statutory Notice in this respect is enclosed. Failure to act on this
Notice within 14 days, will entitle the County Council to enter your land and
take the necessary action on a rechargeable basis. You have the right to
appeal to the local Magistrates Court against this Notice.
If you have any questions about the above matter, you are welcome to contact us on
the telephone number at the head of this letter.
Finally, please may I thank you in anticipation of your co-operation in dealing with
the above matter in a prompt manner.
Yours faithfully,
35
STANDARD LETTER: A4.6 NOTIFICATION OF DISTRICT COUNCIL
DEBRIS/DANGEROUS FENCING ON THE HIGHWAY (SEND IN CONJUCTION
WITH A4.7)
Our Ref
Your Ref
Date
Dear Sir/Madam,
DEBRIS / DANGEROUS BOUNDARY FENCING ON THE HIGHWAY
During a routine inspection of the highway, the following matter was noted as
requiring attention.
LOCATION
DEFECT
(1)
Build up of debris in Channel
(2)
Build up of debris in Carriageway
(3)
Sweeping required to aid Drainage
(4)
Footway sweeping required
(5)
Litter on Highway verge
(6)
Fly Tipping
(7)
Dangerous Boundary Fencing
If you require further information, this matter was noted by……………………………..
Thank you very much for your co-operation in this matter.
Yours faithfully,
36
STANDARD LETTER: A4.7 DANGEROUS BOUNDARY FENCING (SEND IN
CONJUCTION WITH A4.6)
Our Ref
Your Ref
Date
Dear Sir/Madam,
DANGEROUS BOUNDARY FENCING
During routine highway inspections within your area, it has been noted that the
boundary fencing fronting onto the
(……Location…), is likely to
(obstruct/cause danger to) the safe passage of vehicles or pedestrians.
The purpose of this letter is to ensure that you understand that you will be held liable
for any claim for injury or damages which may arise, due to the condition of the
fence.
I would therefore be grateful if you could repair the fence and/or make it safe, so as
to eliminate the
(danger/obstruction). A follow up inspection will be conducted
within the next
(7/14/21/28) days in order to monitor progress, in order to keep the
highway in a safe condition, it may be necessary for us to undertake the relevant
action on your behalf on a rechargeable basis. If you believe that the fence is
not
owned by you, please let me know and if possible let me have the name and
address of the owner.
The
(District/Borough) Council have also been informed of this issue, as they
possess powers of enforcement should they be required. However, I trust that it will
not be necessary to resort to this procedure.
If you have any questions relating to the above matter, you are welcome to contact
us on the telephone number at the top of this letter.
Finally, please may I thank you for your co-operation in this matter.
Yours faithfully,
37
STANDARD LETTER: A4.8 MUD OR DEBRIS CAUSING A HAZARD ON THE
HIGHWAY
Our Ref.
Your Ref
Date
Dear Sir/Madam,
MUD OR DEBRIS CAUSING A HAZARD ON THE HIGHWAY
…..
(LOCATION)......................................................................
During routine highway inspections within your area, it has been noted that deposits
of mud and other debris have been left on the road in the vicinity of your property.
Whilst I appreciate that, on occasions, your activities may lead to deposits of mud
and other debris on the highway, it is important that this is promptly cleared on each
occasion from the length of road in question, in order to keep it in a safe condition.
The deposition of mud or debris in this manner is an offence under the Highways Act
1980 and any failure to address this problem may lead to a formal notice being
served. Similarly, in order to keep the road in a safe condition, it may be necessary
for us to undertake the clearance work on your behalf on a rechargeable basis.
If you have any questions relating to the above matter, you are welcome to contact
us on the telephone number at the head of this letter.
Finally, please may I thank you for your co-operation in this matter.
Yours faithfully,
38
STANDARD LETTER: A4.9 OBSTRUCTION PLACED AT THE EDGE OF THE
HIGHWAY: INITIAL LETTER
Our Ref
Your Ref
Date
Dear Sir/Madam,
OBSTRUCTION(S) PLACED AT THE EDGE OF THE HIGHWAY
(……..LOCATION…..)
During routine highway inspections within your area, it has been noted that
(Describe the nature of the obstruction) (have/has) been placed adjacent to your
property on highway land, which pose
(s) a potential danger to road users.
The purpose of this letter is to ensure that you understand that you will be held liable
for any claim for injury or damages which may arise, as a result of the obstruction
(s),
and because of the illegal nature of the obstruction
(s), it is unlikely that any
insurance cover, which you may possess, could be invoked.
I would therefore be grateful if you could ensure that
(it/they) (is/are) removed
without delay.
Will you please let me know what arrangements you have made to remove the
obstruction
(s), a follow up inspection will be conducted within the next
(7/14/21/28) days in order to monitor progress. If you believe that the obstruction
(s) (is/are) not
owned by you, please let me know and if possible let me have the name and
address of the owner.
If necessary, the Highways Act 1980: Section 143, provides the County Council with
powers to serve a formal notice, requiring you to carry out the necessary work within
28 days, after which, the County Council can arrange for the work to be carried out
and for any associated costs, including administration and supervision, to be
charged to you. However, I trust that it will not be necessary to resort to this
procedure.
If you have any questions relating to the above matter, you are welcome to contact
us on the telephone number at the top of this letter.
Finally, please may I thank you for your co-operation in this matter.
Yours faithfully,
39
STANDARD LETTER: A4.10 OBSTRUCTION PLACED AT THE EDGE OF THE
HIGHWAY: FOLLOW UP LETTER
Our Ref
Your Ref
Date
Dear Sir/Madam,
NOTIFICATION OF OBSTRUCTION PLACED AT THE EDGE OF THE HIGHWAY:
HIGHWAYS ACT 1980 – SECTION 143
I wrote to you on …………
(Date) ………… to explain my concerns regarding the
obstruction
(s) placed adjacent to your property on highway land which pose
(s) a
potential danger to road users.
Since I have not heard from you regarding your arrangements for dealing with the
obstruction
(s), I would be grateful if you could advise me, without further delay, of
what action you propose to take.
This correspondence is Formal Notice under Section 143 of the Highways Act
1980, the Statutory Notice in this respect is enclosed. Failure to act on this
Notice within 28 days, will entitle the County Council to enter your land and
take the necessary action on a rechargeable basis. You have the right to
appeal to the local Magistrates Court against this Notice.
If you have any questions about the above matter, you are welcome to contact us on
the telephone number at the head of this letter.
Finally, please may I thank you in anticipation of your co-operation in dealing with
the above matter in a prompt manner.
Yours faithfully,
40
STANDARD LETTER: A4.11 BLOCKED DRAINAGE DITCHES ADJACENT TO THE
HIGHWAY
Our Ref
Your Ref
date
Dear Sir/Madam,
BLOCKED DRAINAGE DITCH(ES) ADJACENT TO THE HIGHWAY
………….LOCATION…………….
During routine highway inspections within your area, it has been noted that the
ditch
(es) alongside
(…..Location…) have become
(silted/blocked/overgrown) and this is preventing the proper drainage of the highway.
Whilst the County Council does not normally own the ditches adjacent to the
highway, under the provision of the Highways Act 1980 we have the right to channel
highway surface water into these ditches and we can also request the landowner
concerned to make sure that the ditches are maintained in a free-flowing condition.
I understand that you are the owner of the ditch
(es) in question and therefore, I
would be grateful if you would arrange for the necessary maintenance work to be
carried out and advise me of the associated timescale. If you believe that the
ditch
(es) (is/are) not owned by you, please let me know and if possible let me have
the name and address of the owner.
If you have any questions relating to the above matter, you are welcome to contact
me on the telephone number at the top of the letter.
Finally, please may I thank you for your co-operation in this matter.
Yours faithfully,
41
STANDARD LETTER: A4.12 DEFECT RECORDING FORM
42
APPENDIX 5
Guidelines on the Recognition of Hazardous Trees
The leaflet reproduced on the following pages gives general guidance on the most
common signs that a tree has become unsound.
There is no absolute duty on a highway authority to inspect all its own trees, nor is there
any duty on it to inspect roadside trees on private land. However, where a tree belonging
to a highway authority is clearly defective, the highway authority is at risk of legal action if
it knows, or ought to have seen, that the tree in question could be dangerous. Even when
an accident has not occurred, a highway authority could be held liable for a failure to
prevent a nuisance (i.e. a dangerous tree).
In the case of privately owned trees, whilst there is no legal obligation for the highway
authority to survey these, where a dangerous tree is noted on private land which is within
falling distance of the highway boundary, to minimise liability for any negligence, the
authority will clearly be in a stronger position if it informs owners that they have a
dangerous tree. This should be done using the standard letter contained in the County
Highways Network Management Policy Document.
As part of the highway inspection process, Inspectors should, therefore, make a note of
any obviously dead, dying or dangerous trees, whether within the highway, or within
falling distance of the highway.
The following situations should be noted:-
-
Accident damage
-
Damage associated with utility works or other roadworks
-
Large branches partially broken
-
If the tree is in leaf, any obvious signs of wilting or die-back
-
Damage to footways, kerbs and street furniture, caused by roots
-
Branches overhanging the carriageway which are likely to impede the movement
of high sided vehicles.
(
N.B. The minimum clearance should be 5.1m).
-
Branches overhanging the footway which are likely to impede the movement of
pedestrians.
(
N.B. The minimum clearance should be 2.1m).
-
Branches overhanging the cycleway which are likely to impede the movement of
cyclists.
(
N.B. The minimum clearance should be 2.4m).
43
1
44
45