Recommendation 2

HM Government · verbatim extract Deferred

We appreciate the Committee’s focus on ensuring street works are clearly and responsibly managed. We agree that leaving signs, cones, or equipment in place after works have finished can cause unnecessary disruption and confusion for road users. The public rightly expects that when signage is present, active work is taking place. It is important to note that provisions are already in place to address this and while applying a full overrun charge may not always be appropriate in every circumstance, we remain committed to encouraging best practice and proportionate enforcement The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 (S.I. 2009/303) (‘the Charging Regulations’) provide for a reduced charge of £100 to be issued in certain circumstances including where the works are notified as complete, but the highway authority (HA) finds not more than five items of signing, lighting or guarding remaining on the highway and informs the promoter of this. If the undertaker removes these by the end of the next working day following the date the request was received, then the charge is £100. We will review whether this level of charge remains proportionate and effective in encouraging prompt site clearance, particularly in light of inflation and public expectations. If the undertaker fails to clear the site by the end of the next working day following notification by the HA, then the authority may choose to apply the usual daily overrun charges which are higher. HA can issue overrun charges of up to £10,000 per day for overrunning works, in accordance with the Charging Regulations. The actual charge level is determined by the local highway authority, who have discretion to set rates within the regulatory maximum based on local circumstances. The Government announced on 20th December 2024 that these charges will be applied to weekends and bank holidays as well as weekdays. Overrun charges are invoiced and payable to the HA, who can use any charges received to cover the reasonable costs of operating the scheme. They can also use net charges to develop or implement policies to promote and encourage safe, integrated, efficient and economic transport facilities and services to, from and within their area. We are continually working to strengthen the regulatory framework for street works. The existing legislation already provides highway authorities with broad and effective powers to manage and coordinate works.