Source · Select Committees · Transport Committee
Recommendation 4
4
Accepted
Department lacks transparency on DPTAC's impact on street works accessibility safety code.
Conclusion
In our report about accessibility in transport, we asked for more transparency about the impact that the Disabled Persons Transport Advisory Committee (DPTAC) has on the Department’s decision-making. This is important for providing assurance that policy processes in respect of accessibility have been robust and meaningful. It was disappointing that the Minister and Deputy Director were unable to provide specific information about DPTAC’s feedback on the Safety Code of Practice for street works or how the draft had been changed in response to it. (Conclusion, Paragraph 27)
Government Response Summary
The government details a performance-based inspection regime introduced in 2023 for utility companies, which links inspection rates to defect performance. It commits to evaluating the effectiveness of this regime next year and will work with the Scottish government to understand their extended guarantee period for reinstatements.
Government Response
Accepted
HM Government
Accepted
We welcome and share the committee’s ambition to drive up the quality and durability of reinstatements. As part of this in 2023 we introduced a performance-based inspections regime which means those utility companies with high defect/failure rates are inspected more than those who comply with standards. There is a financial incentive attached to this, as utility companies have to pay for each inspection, and every 3 months are moved to a higher or lower sample rate as a result of their performance that quarter. There is a minimum sample inspection rate of 20% of the total number of inspection units agreed at the start of each financial year within each HA area. Inspection units are calculated on the basis of the duration of the works carried out. There is no limit on the sample rate for poor performers who continue to fail inspections. Utility companies are required to register their reinstatements in Street Manager within 10 days of completion, which triggers inspections. Failure to comply with this requirement is an offence under section 70 of NRSWA, which can result in a fine of up to £2,500 if pursued in a Magistrate’s Court, or a FPN of £120 or £80 for early payment. The Government has recently announced these FPNs will be doubled. Given that this regime has only been in place for a short period we believe that it is right to evaluate its effectiveness in delivering better quality reinstatements before considering the need for further changes. We will evaluate the effectiveness of the 2023 performance-based inspections regime in improving the quality of reinstatements next year and work with local authorities, utility companies, and HAUC to ensure that reinstatement standards remain high and that poor-quality work is addressed swiftly and fairly. We are aware of the recent legislative changes in Scotland which have led to the guarantee period for utility reinstatements being increased from 2 years (3 in the case of excavations greater than 1.2m) to 6 years in 2023. We will continue to work closely with the Scottish government to understand if their approach raises standards and compliance, to allow us to consider its effectiveness compared to the performance-based inspection regime.