Merton Council’s FPN Policy Streets Ahead
03 February 2009 – NJUG, The National Joint Utilities Group, has commended the approach taken by the London Borough of Merton towards Fixed Penalty Notices (FPNs), the fining regime brought in by the Traffic Management Act (TMA) 2004. Merton’s policy document calls for dialogue and constructive engagement with works promoters to “improve notice quality and timeliness, and ensure the expeditious flow of all traffic on the highway”. Only following such efforts, if improvements are still not made, will the Council consider issuing FPNs.
FPNs give Local Authorities the power to fine utilities that do not notice correctly under the TMA regulations. However, Merton’s policy states that FPNs, “form part of an escalating procedure…to facilitate the co-ordination of works and [assist] in achieving the authority’s Network Management Duty (NMD).” As such, FPNs are a “tool” to be used when necessary and in the correct manner.
Merton is committed to working with street works promoters to “identify problems and seek a resolution through dialogue”. FPNs will only then be issued if engagement fails to deliver change or improvement, and the utility in question persistently fails to issue notice correctly.
“Merton believes that communication and dialogue are the best way to ensure street works are carried out smoothly and efficiently and on time,” says Councillor William Brierly, Merton Council's cabinet member for planning and traffic management. “Local Authorities should not issue penalties at the first opportunity, but rather look for constructive ways to ensure better co-ordination of works that will ultimately benefit the road users. To ensure effective co-ordination the local authority must be notified of works in advance. Work taking place without a valid notice is not acceptable and will be dealt with immediately in the appropriate manner, be that by the issuing of a fixed penalty notice or prosecution."
Richard Wakelen, CEO of the National Joint Utilities Group, said: “NJUG and its members are committed to working in partnership with Local Authorities to make sure that street works are carried out in a co-ordinated, and safe manner. We are extremely pleased to see such a constructive FPN policy put forward and would call on other authorities to mirror Merton’s approach. Only together can utilities and local authorities improve the standard of street works and ensure that any unfortunate disruption caused by our essential works is kept to a minimum.”
-ends-
Notes To Editors
Merton’s FPN policy document can be located at:
http://www.njug.org.uk/uploads/0808_LB_Merton_FPN_policy.pdf
For further information or to arrange an interview please contact the NJUG press office at pressoffice@njug.org.uk or telephone 020 7340 1423.
About The National Joint Utility Group (NJUG)
NJUG is the only UK industry association representing utilities on street works issues. Our full members include the Energy Networks Association (representing electricity and gas companies), Water UK (representing water companies), National Grid, BT, Virgin Media and THUS plc. Our Associate Members are Clancy Docwra, Skanska McNicholas, Balfour Beatty, Morrison, Morgan Est, NACAP, PJ Keary, First Intervention, Carillion and Enterprise. Including members through trade associations, NJUG represents thirty-eight utility companies.
NJUG is the utility arm of the Highway Authorities and Utilities Committee representing street works in England, Northern Ireland, Scotland and Wales known as HAUC (UK). Please see http://www.hauc-uk.org.uk/ for further information.
NJUG’s focus is on promoting best practice, safety, quality and co-ordination of works as well as representing utilities in discussions with Government and other stakeholders on street work issues.
Street works are essential activities carried out by electricity, water, gas and communications utilities to maintain, enhance, extend, renew and repair their networks.
URL: www.njug.org.uk