While noting existing guidance, the Department for Transport will ensure the issue of temporary signage during maintenance works is considered as part of their current update to the Code of Practice. (AI summary)
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Thank you for your report of 16 May made under the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013, following the inquest you conducted into the death of Patricia Bushell. I was very sorry to hear of her death and wish to extend my condolences to her relatives.
I am writing regarding your concern about the guidance around temporary signage during maintenance works.
The Department’s role is to set the overarching legal and policy framework, and to provide guidance to local highway authorities. All local highway authorities are required to ensure that traffic signs are maintained so that they can be seen by motorists. This stems from their general duty of care contained in Section 122 of the Road Traffic Regulation Act 1984, together with their statutory responsibility for maintaining the highway conferred in Section 41 of the Highways Act 1980.
The Department gives guidance through the Traffic Signs Manual to local highway authorities on sign maintenance, to ensure that they are clean and clearly visible, but it is for the individual authorities to decide how to carry out their statutory duty.
The Department is part of the UK Roads Leadership Group which has published ‘Well Managed Highway Infrastructure: A Code of Practice’. This provides advice on highway maintenance for local highway authorities, including on resurfacing works. This sets out that during resurfacing works, ‘no road markings’ signs should be placed until all road markings have been replaced.
The Department considers that with the guidance provided, and local authorities’ responsibility to undertake risk assessments, this should be sufficient to ensure the local authority can provide a safe road network.
However, my Department is currently undertaking work to update the Code of Practice and we will ensure that the issue you highlight is considered as part of that work.
Best wishes,
MINISTER FOR THE FUTURE OF ROADS