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
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.
Government Response
Deferred
HM Government
Deferred
The Government recognises the importance of ensuring that immediate permits are used appropriately and consistently. While these permits are essential for responding to genuine emergencies and urgent service disruptions, we acknowledge concerns raised by some highway authorities about their potential misuse. Urgent works are works where immediate action is needed to prevent a loss or restore any supply or service provided by them. The Co-ordination Code of Practice advises that immediate permits should not be requested for planned works or works that are known about. We have reviewed available data and note that while immediate emergency permit applications have decreased over the past three years—from 183,675 in 2021/22 (6.3% of total permits) to 127,684 in 2023/24 (4.1%)—the number of immediate urgent permits has increased over the same period, from 593,719 (28.2%) to 703,438 (31.8%). This trend highlights the need for continued scrutiny.3 We recognise that some HAs have raised concerns about the potential misuse of immediate-urgent permits. We have examined Street Manager data and spoken to industry representatives, as well as some local authorities and have found no evidence of misuse. We examined information 3 Source: Street Manager. The DfT receives data reports from Street Manager. Data in Street Manager is input by users who are responsible for ensuring it is accurate. about the works such as the works’ description, and it appears that the works were for genuine emergencies or urgent repairs to restore services. We discovered that the main organisations using immediate-urgent permits (the highest category) are water companies and HAs themselves to, for example, repair leaks and restore customer connections in line with requirements from regulators, or to repair dangerous potholes. We do, however, recognise the Committee’s concern in this area and work with HAUC to update the Co-ordination Code of Practice to provide greater clarity on when immediate permits should be used. We will continue to monitor usage trends and keep this issue under review to ensure the system remains effective, proportionate, and focused on minimising disruption to local communities