Source · Select Committees · Transport Committee
Recommendation 8
8
Deferred
Increase standard guarantee period for all excavations to five years and fine companies for repeat repairs.
Conclusion
The current guarantee period of two or three years for reinstatements after works, the latter being for deep excavations, is too short given that reinstatements should last more than ten years if carried out correctly. The Department should increase the standard guarantee period for all excavations up to five years, as was considered in its 2019 consultation. Utility companies should also face fines for any secondary remedial work that is required to the road or pavement within five years, as a penalty for the unnecessary disruption caused. These policies combined would create a greater incentive for works to be completed by utility companies to the right standard and relieve some of the pressure on highway authorities, which in some cases have to repair poor reinstatements after just two years. (Recommendation, Paragraph 38)
Government response summary AI-generated
The government's response focused on monitoring the use of immediate permits and updating the Co-ordination Code of Practice for clarity, rather than addressing the recommended increase in guarantee periods for excavations or fines for remedial work.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Deferred
HM Government · verbatim extract
Deferred
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.
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