The following information is of benefit to both Birmingham drivers & pedestrians. It contains information about the responsibilities of City Councils, Local Authorities, Utilities and contractors carrying out work in the highway. It also provides information in defence of Birmingham drivers caught parking on single or double yellow lines and to so avoid possible fines and penalty points. Although such an illegal act is totally discouraged by those at Activ Birmingham, it has been used many times by those drivers aware of the information we have provided later.

In the early 1990's Local Authorities, County Councils and all Public Utility companies nationally (gas, water, electricity, telecommunications, cable TV and anyone else operating under Local Authority or City Council licence), agreed to various codes of operation associated with their workings, which was called The New Roads and Street Works Act, which included various codes of operation. The act carries legal penalties which include for non compliance, fines, improvement or prohibition notices and in the more serious cases, following appropriate court procedures, possible prison sentences.

Whilst Local Authorities, City Councils and their own direct labour workforces, plus contractors carrying out work on their behalf are, for some unknown reason, excluded from the Act, they are still responsible for carrying out all their highway operations to the agreed national standard, as a code of practice is deemed to be the minimum standard expected for all operations carried out in footways and roadways.

The Local Authority or City Council has a responsibility to monitor and police utility operations and they employ staff to visit chosen sites to check their operations and then report back to their supervisors on any non compliances found.

The monitoring process starts once a date of commencement, including a planned completion date, is issued by the Utility concerned. This means that work cannot start prior to the planned date of commencement or following the end of the agreed starting period and unless an extension period has been agreed, should it be necessary, works must be completed by the planned compltion date, if not all works must cease until a works extension has been applied for and agreed.

Anyone carrying out planned works in the footway are legally bound to provide pedestrians with 1.0 metre (39") of unaffected footway or, if this cannot be provided, the Utility concerned must provide pedestrians with a barrier protected walkway system in the roadway, which must include a means to allow people pushing children's buggies and the disabled using wheelchairs or motorised equipment, easy access to the differing road/footpath levels. If a pedestrian barrier protection system cannot be provided, due normally to the narrowness of the road etc. then this should have been noted at the preplanning stage and an appropriate footpath closure notice obtained from the local authority concerned. If this is the case and depending on traffic flow, the Utility would then be asked to provide persons to assist people to cross the road to the footpath opposite, or in the case of low traffic flow simply place a Footpath Closed sign at both ends of the workings.

The footpath rule also applies to anyone using the footpath for storage of materials and/or plant, etc. i.e. builders, block paving and tarmac drive contractors carrying out work on private property. Many Local Authorities are very lax on picking up this type of work as because it is being carried out within a property boundary, notification of such operations is not necessary.

All such works or storage described above must be properly signed and barrier protected to avoid injury and/or falls to pedestrians, including the blind. This rule applies to any organisation carrying out work and/or storing materials on footways and/or roadways.

In the case of emergency operations, whilst all excavations must be protected by correctly placed signs and barriers, the operatives concerned may not initially have sufficient equipment to provide the type of pedestrian protection equipment described above. The team leader, however, involved in the emergency works should make the necessary arrangements with their responsible manager to organise and arrange delivery of whatever is required to provide a safe working environment for both the public and themselves.

To all vehicle drivers, it should be known to you all that parking on the footway is illegal, however, the police now appear to be adopting a more flexible approach, following the introduction of The New Roads and Street Works Act and allowing such parking as long as the 1.0 metre rule is followed. Remember, however, that the 1.0 metre measurement must be taken from the most extruding point of the vehicle, which is normally the wing mirror.

If you see anyone working in contravention of the above, phone your Local Authority or City Council and lodge an official complaint, they are then duty bound to arrange for someone to attend site and resolve the matter.  Don't wait until someone is seriously injured in attempting to obtain a passage through dangerous workings. Remember it maybe one of your family or friends affected.

For motorist there is also a requirement in the act that covers the removal of all signs and barriers, following work completion. This requirement was placed to remove driver confusion of signs indicating road work activities still in place when works have already been completed. This tends to lead drivers to ignore official Road Works Ahead signs, even though unseen work at the time is taking place, thus leading to potentially dangerous occurrences. Again Utilities face heavy fines if such signs are left displayed, following their work completion. If you experience such signs being displayed and the works completed, again complain to your Local Authority or City Council.

 The other important thing for motorist to note is that when temporary traffic lights are in use they must be fully adhered to.  Too many drivers are still prepared to drive through road work controlled sites when traffic lights are displaying red.  

However, if you do experience traffic lights in operation and there is no work is taking place, have a moan to you Local Authority or City Council as works should be continuous during the normal working week, unless there are circumstances beyond normal operational control i.e. inclement weather, snow, etc.

Another important piece of information for drivers to note is that if a Utility or contractor, of any form, carries out work in the road and excavates across yellow lines, be they double or single and fail to replace them, you cannot be fined for a parking offence if you park anywhere along that particular length of yellow line marking. The length being between the lengths of line which end where they are returned from the outside of the farthest yellow line, be they single or double, to the kerb edge. This rule also applies where lines are broken due to normal wear and tear etc.  In advising you of this fact, Activ Birmingham would again remind you that it does not condone illegal parking.

Remember to do nothing about a known problem simply mean that the problems will continue and grow.

Birmingham and UK drivers and pedestrians be safe and don't take risks; it's simply not worth it.