| Guvnor

What this means for your business

62 obligations

51 penalties

5 guides

Enforced by: Mining Remediation Authority, National Highways, Natural England
Applies to: United Kingdom
On this page: 62 compliance obligations, 5 practical guides

Read full text on legislation.gov.uk

What you must do

62 compliance obligations under this legislation.

Equipment and safety 1

If your business has equipment such as pipes, cables or other apparatus installed in a public road, you must keep it in good working order to the reasonable satisfaction of the road works authority and any other relevant authority. You also need to give those authorities reasonable access to inspect the equipment. If you do not, the authority can carry out the work themselves and recover the costs from you.

Contractor s.140 Historic England When you have apparatus located in a public road

Management duties 3

If your company carries out road or street works under the New Roads and Street Works Act, you must make sure that anyone you send to do the work has the right skills, training and knowledge. In practice you need to check qualifications, provide any required training and keep records that prove competence.

Contractor s.126A Historic England When you perform functions conferred by the New Roads and Street Works …

If your business installs or owns equipment (e.g., cables, pipes, ducts) in a public street, you must keep it in good working order. The maintenance must meet the reasonable expectations of the street authority and any other authority that has an interest in the asset, and you must allow those authorities to inspect the work.

Contractor s.81 Historic England You have apparatus located in a public street

If you operate a toll road, you must include a clear maximum amount that can be charged in any toll order unless you have handed the right to collect tolls to another party. If you have handed that right to a concessionaire, you must not set a maximum for them. You also cannot charge any tolls unless an extension toll order has been made for that road.

Any Person s.31 Historic England Whenever you issue a toll order for a road you control

Notifications 2

If your business plans road works that cross a railway line at level or affect a tramway, you must give the railway or tramway authority the required notice before you start. You also have to follow any reasonable safety or traffic‑management requirements they set, and you may need to delay the work until those requirements are finalised.

Contractor s.152 Historic England Road works that affect a railway level crossing or a tramway

If your business carries out street work that crosses a railway level crossing or a tramway, you must first give the railway or tramway operator a prescribed notice before you start. You must also meet any reasonable safety or traffic‑management conditions they set, and you may have to delay work if they ask you to.

Contractor s.93 Historic England When carrying out street works that affect a railway level crossing or …

Other requirements 1

If your business holds a concession agreement to design, build or operate a special road, you must give any land the highway authority says is needed to them free of charge. If you fail to finish the road as set out in the agreement, you also have to pay the authority compensation for the costs they incur because of the delay or failure.

Contractor s.1 Historic England When you have a concession agreement for a special road

Payments and fees 6

If your road‑works lead the traffic authority (or a concessionaire) to issue a temporary traffic‑restriction order, you must reimburse the authority for all costs it incurs. This includes the cost of publicising the order and supplying traffic signs. In practice you will receive a bill and must pay it.

Contractor s.135 Historic England When a traffic authority or concessionaire issues a temporary prohibition or restriction …

If your street‑works block or restrict a highway and traffic is forced onto a lower‑grade road, you must reimburse the highway authority for any reasonable costs they incur to strengthen that road or fix damage caused by the extra traffic. The duty kicks in only when the diverted traffic uses a lower‑classification road because of your works.

Contractor s.77 Historic England Your street works restrict or prohibit use of a highway and diverted …

If your road or utility works block a road and traffic is forced onto a smaller road, you must cover the reasonable costs the road authority incurs to reinforce that road or fix any damage caused by the diverted traffic.

Contractor s.136 Historic England When your works restrict or prohibit a road and diverted traffic uses …

If the road work you carry out forces the local traffic authority (or a concessionaire) to put in place a temporary traffic prohibition or restriction, you must cover all the costs they incur – for example the cost of signage and any public notices. You need to budget for these expenses and pay the authority when they invoicing you.

Contractor s.76 Historic England Your street works lead the traffic authority or concessionaire to issue a …

If a major highway, bridge or transport project disrupts your company's pipes, cables or other street‑level equipment, you must pay the proportion of the allowable costs for any works needed to protect, move or reinstall that equipment, as set out in the regulations. You may also have to give the authority credit for any benefit you gain from the works.

Contractor s.85 Historic England Your apparatus in a street is affected by major highway, bridge or …

If your business runs utilities (e.g., electricity, gas, telecoms) and your equipment in a road is impacted by major road, bridge or transport works, you will need to share the cost of any protective or remedial measures with the authority. The exact split, what can be charged and when you must pay are set out in regulations, so you’ll have to work out your share and keep records.

Trader/Business s.144 Historic England Your apparatus in a road is affected by major road, bridge or …

Offences and prohibitions 48

If you start road, sewer or tunnelling works before giving the prescribed notice to the relevant authority (and any other affected parties), you are committing an offence. You must give at least 7 working days' notice (or a different period if prescribed) and cannot start the works until that period ends unless you have consent. Breaching this can result in a fine of up to £2,500, dealt with in the magistrates' court.

Any Person s.114 Planning Inspectorate

If you carry out road works that break up or open a part of the road that is subject to a restriction notice – without emergency justification, the road authority’s consent, or another authorised reason – you commit a criminal offence. On conviction in the magistrates' court you face an unlimited fine and must reimburse the road authority for any cost of reinstating the road.

Any Person s.117 Planning Inspectorate

If you are a road‑works contractor (an undertaker) and you carry out works at times or on days that a road authority has told you not to, you are committing a criminal offence. The offence is tried in the Magistrates' Court and can result in an unlimited fine. No prison term is provided for this breach.

Any Person s.115 Planning Inspectorate

If a street authority tells you when you may or may not carry out road or street works and you do the work at a prohibited time, you are committing an offence. On conviction in the Magistrates' Court you face an unlimited fine. No prison term is specified.

Any Person s.56 Planning Inspectorate

If you start the substantial street works before the date set by the street authority, or you do any other works in the same part of the highway while a restriction is in force (unless it’s an emergency or you have the authority’s consent), you commit a criminal offence. On conviction you face an unlimited fine (Level 5 on the standard scale) and may have to repay the authority’s reinstatement costs.

Any Person Schedule 3A Planning Inspectorate

If you place equipment on a road or break open a road, sewer, drain or tunnel under it without a statutory right or a permission under section 109, you are committing an offence. On conviction in the Magistrates' Court you face an unlimited fine (level 5 on the standard scale). No prison term is provided for this breach.

Any Person s.110 Planning Inspectorate

If you place equipment in a street or break, open, or bore under a street, sewer, drain or tunnel without having a statutory right or a street‑works licence, you are committing an offence. On conviction in the magistrates' court you face an unlimited fine. The street authority can also order you to remove the equipment or restore the works and recover the costs from you.

Any Person s.51 Planning Inspectorate

If your company (or a Scottish partnership) commits any offence under the New Roads and Street Works Act and the offence was done with the consent, connivance or neglect of a director, manager, secretary, other officer or partner, then both the organisation and that individual can be prosecuted. They will face the same penalties that apply to the underlying offence.

Director/Officer s.166 Planning Inspectorate

If your business collects tolls you must follow the regulations – for example, displaying the list of tolls and applying any required changes properly. Charging a toll you are not authorised to, or charging contrary to those rules, is an offence. On summary conviction in the magistrates’ court you could be fined up to £1,000.

Any Person s.14 Planning Inspectorate

If your business charges a toll on a road without the proper authority, or demands a toll that does not meet the legal display or change‑of‑amount rules, you are committing an offence. On conviction in the magistrates’ court you face a fine of up to £1,000. No custodial sentence is provided for this offence.

Any Person s.37 Planning Inspectorate

If you carry out road works that involve breaking open the road, tunnelling or boring under it without first agreeing a detailed plan and section with the relevant authorities (or, for emergency works, without sending them the plan afterwards), you are committing a criminal offence. On conviction you face an unlimited fine in the Magistrates' Court.

Any Person Schedule 6 Planning Inspectorate

If you carry out street works on a road that has been classified as having special engineering difficulties, you must first agree a detailed plan and section with the relevant authorities (or, for emergencies, provide it as soon as practicable). Carrying out the works without that agreement, failing to provide the plan after an emergency, or ignoring a direction from an arbitrator is an offence.

Any Person Schedule 4 Planning Inspectorate

If your company is carrying out road works that involve breaking, opening or tunnelling under a road, you must complete the work as quickly as reasonably practicable. Failing to do so is a criminal offence. On summary conviction you face an unlimited fine, and the authority can also recover any costs they incur to clear the obstruction.

Any Person s.125 Planning Inspectorate

If your company carries out road or underground works (e.g., breaking the street, opening a sewer, tunnelling) you must complete the work as quickly as reasonably practicable. Failing to do so is a criminal offence and can result in an unlimited fine on summary conviction. The street authority can also issue a notice to stop or reduce any unnecessary obstruction; ignoring that notice can lead to the authority taking action and recovering the costs from you.

Any Person s.66 Planning Inspectorate

If your company carries out road works next to a railway, tramway, dock, harbour, pier, canal or inland navigation and does not follow the transport authority's reasonable rules on how you display lights, you commit an offence. On summary conviction in the Magistrates' Court you could be fined up to £1,000. You can defend the charge by proving you took all reasonable care to avoid the breach.

Any Person s.151 Planning Inspectorate

If you are a contractor (undertaker) carrying out street works that affect a bridge and you do not consult the bridge authority before giving notice, or you do not give them reasonable facilities to monitor the work or ignore any reasonable requirement they impose, you commit a criminal offence. On summary conviction you face a fine – up to an unlimited amount for most breaches, or up to £2,500 for the specific monitoring‑facility breach.

Any Person s.88 Planning Inspectorate

If your business carries out road works that affect a bridge, you must consult the relevant bridge authority before giving your start‑date notice and must provide them with reasonable facilities to monitor the works and obey any reasonable requirements they set. Failing to do so is a criminal offence and can result in a fine.

Any Person s.147 Planning Inspectorate

If you are an undertaker (e.g., utilities, telecoms) carrying out street works and you do not use your best endeavours to co‑operate with the street authority and other undertakers on safety, minimising inconvenience (including for disabled people) and protecting the street, you breach this duty. On summary conviction you can be fined up to level 5 on the standard scale (an unlimited fine). No jail term is provided for this offence.

Any Person s.60 Planning Inspectorate

If you are a road‑works contractor (undertaker) and you carry out work that places equipment in a road after a road authority has formally directed you not to, you have committed a criminal offence. Conviction in the Magistrates' Court can result in an unlimited fine (level 5 on the standard scale).

Any Person s.115A Planning Inspectorate

If you carry out street works near a railway, tramway, dock, harbour, pier, canal or inland navigation, you must obey any reasonable lighting requirements set by the relevant transport authority. Not doing so is a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine (level 5 on the standard scale).

Any Person s.92 Planning Inspectorate

If you carry out street works and do not give the owner of any other underground or surface equipment reasonable facilities to watch the work, or you ignore a reasonable request to protect that equipment or maintain access, you commit an offence. On conviction in the Magistrates' Court you could be fined up to £2,500. No jail term is attached to this offence.

Any Person s.69 Planning Inspectorate

If your organisation carries out road works that could affect underground utilities (e.g., cables, pipes) you must give the utility owner reasonable facilities to watch the work and follow any reasonable steps they ask for to protect the apparatus. Not doing so is a criminal offence and can result in a fine of up to £2,500 in the magistrates' court. You can defend yourself only if you truly did not know the apparatus existed and were not negligent in making enquiries.

Any Person s.83 Planning Inspectorate

If you carry out road works that could affect equipment in the road (such as cables, pipes or other infrastructure), you must provide the equipment owner with reasonable facilities to monitor the work and follow any reasonable requirements they make to protect or access the equipment. Failing to do so is an offence and can result in a fine of up to £2,500 on summary conviction.

Any Person s.142 Planning Inspectorate

If you carry out road works that could affect another person's cable, pipe or other apparatus in the road, you must let the owner monitor the work and follow any reasonable protection or access requirements they set. Failing to do so is a criminal offence. On conviction in the magistrates' court you face a fine of up to £2,500.

Any Person s.128 Planning Inspectorate

If your company carries out emergency road or street works, you must send a notice to the relevant parties within two hours (or any prescribed period) of starting the works. Failing to do so is a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £2,500.

Any Person s.116 Planning Inspectorate

If you are a contractor (an ‘undertaker’) planning to carry out street works, you must give the prescribed advance notice to the street authority and follow any further information‑providing or coordination steps they require. Not doing so – for example, missing the notice deadline or failing to supply the required details – is a criminal offence. On conviction you face a maximum fine of £2,500, dealt with in the Magistrates' Court.

Any Person s.54 Planning Inspectorate

If your company plans to carry out road or street works, you must give the prescribed advance notice (usually by entering the information into the Scottish Road Works Register) and follow any additional steps the road authority requires. Not doing so is a criminal offence. On conviction in a magistrates' court you face a fine of up to £2,500.

Any Person s.113 Planning Inspectorate

If you start street works such as breaking up the road, opening a sewer or tunnelling without giving at least 7 working days’ notice (or the period prescribed) to the street authority and any other affected parties, you commit an offence. The same applies if you give a notice but then fail to issue a further notice when the original notice expires. Conviction is summary only and can result in a fine of up to £2,500.

Any Person s.55 Planning Inspectorate

If you are carrying out street works on a public highway and you do not give the notice that the regulations require, you commit a criminal offence. The offence is tried in the Magistrates' Court and can result in a fine of up to £2,500. No imprisonment is provided for this breach.

Any Person s.74A Planning Inspectorate

If you hold a street works licence and you stop using, abandon, or intend to transfer the apparatus (or the land it sits on) without giving the street authority at least six weeks' notice, you commit an offence. A summary conviction can result in a fine of up to £2,500, dealt with in the Magistrates' Court.

Any Person Schedule 3 Planning Inspectorate

If your company carries out road works, you must give the road works authority reasonable facilities to confirm you are following the law. Failing to do so is an offence. On summary conviction in the Magistrates' Court you face a fine of up to £2,500, but no jail time.

Any Person s.127 Planning Inspectorate

If you carry out street works that involve breaking up or tunnelling under a street, the law requires you to appoint a qualified supervisor and to have at least one qualified operative on site at all times. Not doing so is a criminal offence. On conviction you face an unlimited fine in the Magistrates' Court.

Any Person s.67 Planning Inspectorate

If you or your employees carry out any works in a street and you do not tell the relevant utility company where its apparatus is, or you do not correct or record missing or wrong information about that apparatus, you are committing an offence. On conviction you face a fine of up to £2,500, heard only in the Magistrates’ Court.

Any Person s.80 Planning Inspectorate

If you carry out any works in a public road and discover a pipe, cable or other equipment that belongs to a utility (an undertaker) and is not correctly marked, you must tell the owner where it is, what it is and whether it is in use. Not doing so is a criminal offence. On conviction in the Magistrates' Court you can be fined up to £2,500; there is no prison term.

Any Person s.139 Planning Inspectorate

If you are an undertaker (e.g., a utility or contractor) and you do not record the exact position of every piece of equipment you place, move or are told about in the road, keep those records up‑to‑date, and make them available for inspection, you commit a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine and may also have to pay compensation for any loss or damage caused by the failure.

Any Person s.138 Planning Inspectorate

If your company (as an undertaker) does not record the location of any apparatus it places or moves in the street, does not keep the record up‑to‑date, or does not enter the information into the NUAR system within the prescribed time, you commit a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine and you may also have to pay compensation to anyone who suffers loss because of the failure.

Any Person s.79 Planning Inspectorate

If you carry out road works and do not follow the prescribed specifications for the materials, workmanship or performance standards when reinstating the road, you commit a criminal offence. On a summary conviction (Magistrates’ Court) you can be fined up to level 5 on the standard scale, which is an unlimited fine.

Any Person s.130 Planning Inspectorate

If your company carries out street works and does not follow the prescribed specifications for materials, workmanship or performance standards when reinstating the street, you commit a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine (level 5 on the standard scale). There is no custodial sentence for this offence.

Any Person s.71 Planning Inspectorate

If your business operates a vehicle on a toll road and refuses or does not pay the toll (without a reasonable excuse), you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000. You may also be stopped from passing, forced to remove the vehicle, and billed for any removal costs.

Any Person s.38 Planning Inspectorate

If your company carries out street works you must give the local street authority reasonable facilities so they can confirm you are complying with your duties. Failing to do so is a criminal offence and, on summary conviction in a Magistrates' Court, you can be fined up to £2,500 for each failure.

Any Person s.68 Planning Inspectorate

If you carry out road or street works and do not put the road back to its original condition as required, you commit an offence. You must start reinstatement as soon as practicable, finish it promptly and give the required notice of completion. On conviction you face a summary‑court fine of up to level 5 (unlimited) on the standard scale.

Any Person s.129 Planning Inspectorate

If your company carries out street works you must reinstate the street promptly and give the street authority notice within the times set by the Act. Failing to do so – for example not starting reinstatement, not completing it, or not providing the required notice – is a criminal offence. On conviction in the magistrates’ court you face either a fine up to £2,500 for notice‑related breaches or an unlimited fine for any other breach.

Any Person s.70 Planning Inspectorate

If you (or your contracted undertaker) carry out road works and do not properly guard, light and sign any part of the road that is open, broken up or obstructed, you breach the law. The offence is triggered by the failure to meet the safety requirements set out in subsection (1) (and the related sign‑maintenance duties in subsection (2)). On conviction you face a fine – there is no maximum amount – and the case will be heard in the magistrates’ court.

Any Person s.124 Planning Inspectorate

If you are a contractor carrying out street works and you do not properly guard, light or place traffic signs (or you remove or tamper with them without lawful excuse), you are committing a criminal offence. On conviction you will be tried in the magistrates' court and face an unlimited fine.

Contractor s.65 Planning Inspectorate

If your company carries out street‑works (an "undertaker"), you must upload all required data to the National Underground Asset Register (NUAR) by the end of the initial upload period. Failure to do so is a criminal offence. On conviction you face an unlimited fine (and you may also have to compensate any loss caused).

Any Person s.106B Planning Inspectorate

If a street authority tells you not to place your equipment on a particular street and you do it anyway, you have committed a criminal offence. The offence is tried in the magistrates’ court and can result in an unlimited fine. No prison term is prescribed for this breach.

Any Person s.56A Planning Inspectorate

If your business (or any driver acting for you) is required to pay a toll under a toll order and you either refuse, don’t pay, or try to evade the payment without a reasonable excuse, you commit a criminal offence. On summary conviction in a Magistrates' Court you could be fined up to £1,000.

Any Person s.15 Planning Inspectorate

If you, as a utility or other street‑works contractor, carry out works that break a restriction notice placed after substantial road works, you commit a criminal offence. Conviction in the magistrates' court can lead to an unlimited fine and you may also be required to reimburse the street authority for any costs incurred in reinstating the highway.

Any Person s.58 Planning Inspectorate

Reporting and filing 1

If your business carries out any work on a public road in Scotland, you must put the required information about that work into the Scottish Road Works Register. You may also need to pay a prescribed fee to get access to the register. This ensures the public and authorities can see when, where and why road works are happening.

Contractor s.112A Historic England When you carry out road works and the Act requires you to …

Penalty applies

s.166 Penalises: Corporate/partner liability for offences under the New Roads …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

211 classified provisions from this legislation.

23 Duties 51 Offences and penalties 51 Powers 32 Definitions 22 Exemptions

Duties 23

s.1 Concession agreements.
s.7 The toll period. matter relevant
s.9 Amount of tolls chargeable by highway authority.
s.18 Annual report on concession agreements and toll orders.
s.29 The toll period. matter relevant
s.31 Amount of tolls chargeable. it
s.41 Report on toll roads and toll orders in Scotland.
s.53 The street works register. A street authority
s.76 Liability for cost of temporary traffic regulation. requirement
s.77 Liability for cost of use of alternative route. damage
s.81 Duty to maintain apparatus.
s.85 Sharing of cost of necessary measures. financial benefit
s.87 Prospectively maintainable highways. reasonable request as
s.93 Works affecting level crossings or tramways.
s.112A The Scottish Road Works Register person having authority
s.112B Duty to enter certain information in the Scottish Road Works Register
s.126A Duty of authorities, undertakers etc. to ensure competence of employees etc.
s.135 Liability for cost of temporary traffic regulation. requirement
s.136 Liability for cost of use of alternative route. damage
s.140 Duty to maintain apparatus.
... and 3 more duties

Offences and penalties 51

s.14 Collection of tolls.
s.15 Refusal or failure to pay tolls.
s.37 Collection of tolls.
s.38 Refusal or failure to pay tolls.
s.51 Prohibition of unauthorised street works.
s.54 Advance notice of certain works.
s.55 Notice of starting date of works.
s.56A Power to give directions as to placing of apparatus
s.56 Power to give directions as to timing of street works.
s.57 Notice of emergency works.
s.58 Restriction on works following substantial road works.
s.60 General duty of undertakers to co-operate.
s.65 Safety measures.
s.66 Avoidance of unnecessary delay or obstruction.
s.67 Qualifications of supervisors and operatives.
s.68 Facilities to be afforded to street authority.
s.69 Works likely to affect other apparatus in the street.
s.70 Duty of undertaker to reinstate.
s.71 Materials, workmanship and standard of reinstatement.
s.74 Charge for occupation of the highway where works unreasonably prolonged.
... and 31 more offences and penalties

Powers 51

s.3 Provisions as to traffic regulation.
s.6 Toll orders.
s.8 Amount of tolls chargeable by concessionaire.
s.11 Variation or revocation of toll order.
s.12 Extension toll orders.
s.23 Execution of works by highway authority at expense of another.
s.32 Toll order in respect of major crossings.
s.39 Facilities for collection of tolls.
s.43 Provisions as to traffic regulation.
s.49 The street authority and other relevant authorities.
s.62 Supplementary provisions as to designation of protected streets.
s.63 Streets with special engineering difficulties.
s.64 Traffic-sensitive streets.
s.72 Powers of street authority in relation to reinstatement.
s.73F Guidance about street authority inspections
s.75 Inspection fees.
s.78 Contributions to costs of making good long-term damage.
s.84 Measures necessary where apparatus affected by major works.
s.94 Power of street authority or district council to undertake street works.
s.95A Fixed penalties for certain offences under this Part
... and 31 more powers

Definitions 32

s.5 Transfer or termination of concession.
s.10 Application of enactments relating to monopolies, &c.
s.26 Interpretation. special road scheme strategic highways company
s.28 Assignation of rights under a toll order.
s.33 Application of enactments relating to monopolies, &c.
s.47 The Roads (Scotland) Act 1984 and the interpretation of Part II. extension toll order special road scheme toll order
s.48 Streets, street works and undertakers. street street works
s.52 Emergency works. emergency works
s.59 General duty of street authority to co-ordinate works. relevant activities
s.82 Liability for damage or loss caused.
s.86 Highway authorities, highways and related matters. maintainable highway strategic highways company works for road purposes
s.90 Provisions as to reinstatement of sewers, drains or tunnels.
s.91 Transport authorities, transport undertakings and related matters. transport authority transport undertaking major transport works
s.104 Meaning of “prescribed” and regulations generally. prescribed
s.105 Minor definitions. special enactment statutory right tramway
s.106J Regulations under this Part prescribed
s.106A National Underground Asset Register
s.106 Index of defined expressions.
s.106K Interpretation
s.107 Roads, road works and undertakers. road road works
... and 12 more definitions

Exemptions 22

s.13 Further provisions as to charging of tolls.
s.16 Facilities for collection of tolls.
s.17 Restriction of access to toll roads.
s.25 Application of provisions of the Highways Act 1980, &c.
s.27 Toll orders.
s.30 Extension toll orders.
s.34 Variation or revocation of toll order.
s.36 Further provision as to charging of tolls.
s.40 Restriction of access to toll roads.
s.50 Street works licences.
s.61 Protected streets.
s.74B Regulations under sections 74 and 74A.
s.89 Public sewers, sewer authorities and related matters.
s.96 Recovery of costs or expenses.
s.101 Effect of this Part on certain existing special enactments or instruments.
s.120 Protected roads.
s.146 Prospective public roads.
s.148 Sewers.
s.155 Recovery of costs or expenses.
s.160 Effect of this Part on certain existing special enactments or instruments.
... and 2 more exemptions

🧪 Business Context Testing

What this means for your business

What you must do

Equipment and safety 1

Maintain road apparatus and allow authority inspections

Management duties 3

Ensure employees are competent for road‑works duties

Maintain street‑side apparatus to the satisfaction of authorities

Set maximum tolls in orders and charge only with proper authority

Notifications 2

Notify and cooperate with the railway/tramway authority before crossing works

Notify transport authority and follow its safety/traffic requirements for works at level crossings or tramways

Other requirements 1

Transfer required land and pay compensation if road not completed

Payments and fees 6

Pay costs of temporary traffic regulation caused by your road works

Pay for strengthening or repairing alternative routes caused by your road works

Pay for strengthening or repairing lower‑class roads used as diversion

Pay for temporary traffic regulation costs caused by your street works

Pay your share of costs for measures needed when major road works affect your apparatus

Share cost of measures for undertaker’s apparatus affected by major works

Offences and prohibitions 48

Begin road works without required notice

Breach road restriction notice

Carry out road works against a timing direction

Carry out street works against a timing direction

Carry out street works in breach of a restriction direction

Carry out unauthorised road works

Carry out unauthorised street works

Corporate/partner liability for offences under the New Roads and Street Works Act

Demand a toll you are not authorised to charge

Demand unauthorised toll or breach toll requirements

Execute road works without a settled plan and section

Execute street works without approved plan or section

Fail to carry out road works promptly

Fail to carry out street works promptly

Fail to comply with light display requirements for road works near railways or waterways

Fail to consult bridge authority or follow its requirements

Fail to consult bridge authority or follow its requirements for bridge works

Fail to co‑operate with street authority on street works

Fail to follow directions on placing apparatus

Fail to follow transport authority lighting requirements for street works

Fail to give access or protect other street apparatus

Fail to give apparatus owner monitoring facilities or comply with protection requirements

Fail to give monitoring facilities for road works affecting apparatus

Fail to give monitoring facilities or comply with protection requirements for other road apparatus

Fail to give notice of emergency works

Fail to give or follow advance notice for street works

Fail to give required advance notice for road works

Fail to give required notice before starting street works

Fail to give required notice for street works

Fail to give required notice when ceasing or transferring street‑works apparatus

Fail to give road authority facilities to check compliance

Fail to have qualified supervisor or operative for street works

Fail to inform or report street‑work apparatus information

Fail to inform undertakers of location of road apparatus

Fail to keep records of apparatus location

Fail to keep records of street‑works apparatus

Fail to meet reinstatement material and workmanship standards

Fail to meet reinstatement standards for street works

Fail to pay tolls

Fail to provide street authority facilities to check compliance

Fail to reinstate road after works

Fail to reinstate street works as required

Fail to secure road works safety measures

Fail to secure safety measures for street works

Fail to upload required information to NUAR

Ignore direction to not place apparatus on a street

Refuse or fail to pay a road toll

Undertake street works in breach of a restriction notice

Reporting and filing 1

Enter road works details into the Scottish Road Works Register

Penalties for non-compliance

Fail to have qualified supervisor or operative on road works