- Enforced by
- National Highways
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Prosecution 38 of 97 obligations carry an unlimited fine. 27 carry different penalties and 32 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 19 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Statutory Undertaker — also bound by 179 other Acts
Contractor — also bound by 173 other Acts
Employer — also bound by 682 other Acts
Licence Holder — also bound by 225 other Acts
Director or Officer — also bound by 429 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
New Roads in England and Wales
6 of 26 sections shown- Transfer required land and pay compensation if road not completedContractor
Other duties (1) — Crown / regulator
- Highway authority must decide the end date of the toll periodLocal authority
Other duties (1) — Crown / regulator
- Highway authority must specify maximum toll amounts in toll ordersLocal authority
- Demand a toll you are not authorised to chargeAny Person
Fine up to £1,000
- Refuse or fail to pay a road tollAny Person
Fine up to £1,000
Other duties (1) — Crown / regulator
- Secretary of State must report annually on toll roads and concessionsCrown / Minister / Government department
20 other sections in this Part — procedural and definitional
New Roads in Scotland
5 of 21 sections shownOther duties (1) — Crown / regulator
- Special road authorities must determine the end date of toll periodsLocal authority
Other duties (1) — Crown / regulator
- Crown must set maximum toll amounts in toll ordersCrown / Minister / Government department
- Demand unauthorised toll or breach toll requirementsAny Person
Fine up to £1,000
- Fail to pay tollsAny Person
Fine up to £1,000
Other duties (1) — Crown / regulator
- Secretary of State must report to Parliament on Scottish toll roadsCrown / Minister / Government department
16 other sections in this Part — procedural and definitional
National Underground Asset Register: England and Wales
11 of 11 sections shownamended 9 times
- Fail to upload required information to NUARAny Person
Unlimited fine · amended 9 times
amended 9 times
amended 9 times
amended 9 times
amended 9 times
amended 9 times
amended 9 times
amended 9 times
amended 9 times
amended 9 times
Street works in England and Wales
32 of 65 sections shown- Carry out unauthorised street worksAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Street authorities must maintain and permit inspection of street works registersLocal authority
- Fail to give or follow advance notice for street worksAny Person
Fine up to £2,500
- Fail to give required notice before starting street worksAny Person
Fine up to £2,500
- Carry out street works against a timing directionAny Person
Unlimited fine
- Ignore direction to not place apparatus on a streetAny Person
Unlimited fine
- Fail to provide notice of emergency road worksAny Person
Fine up to £2,500
- Undertake street works in breach of a restriction noticeAny Person
Unlimited fine
- Fail to co‑operate with street authority on street worksAny Person
Unlimited fine
- Fail to secure safety measures for street worksContractor
Unlimited fine
- Fail to carry out street works promptlyAny Person
Unlimited fine
- Fail to have qualified supervisor or operative for street worksAny Person
Unlimited fine
- Fail to provide street authority facilities to check complianceAny Person
Fine up to £2,500
- Fail to give access or protect other street apparatusAny Person
Fine up to £2,500
- Fail to reinstate street works as requiredAny Person
Unlimited fine
- Fail to meet reinstatement standards for street worksAny Person
Unlimited fine
- Fail to give notice regarding overrunning street worksAny Person
Fine up to £2,500
- Fail to give required notice for street worksAny Person
Fine up to £2,500
- Pay costs for temporary traffic orders or restrictionsStatutory Undertaker
- Indemnify highway authorities for costs related to diversion routesStatutory Undertaker
- Fail to keep records of street‑works apparatusAny Person
Unlimited fine
- Fail to inform or report street‑work apparatus informationAny Person
Fine up to £2,500
- Maintain and allow inspection of street apparatusStatutory Undertaker
- Fail to give apparatus owner monitoring facilities or comply with protection requirementsAny Person
Fine up to £2,500
- Share costs for protecting or moving apparatus during major street worksStatutory Undertaker
Other duties (1) — Crown / regulator
- Local highway authority must protect and manage prospective highwaysLocal authority
- Fail to consult bridge authority or follow its requirementsAny Person
Unlimited fine
- Fail to follow transport authority lighting requirements for street worksAny Person
Unlimited fine
- Coordinate roadworks with railway or tramway authoritiesStatutory Undertaker
Unlimited fine
33 other sections in this Part — procedural and definitional
Road works in Scotland
52 of 67 sections shown- Carry out unauthorised road worksAny Person
Unlimited fine · amended 1 time (opens in a new tab)
Other duties (1) — Crown / regulator
- Commissioner must maintain the Scottish Road Works RegisterStatutory regulator
amended 4 times
Other duties (1) — Crown / regulator
- Road works authorities must record road and project details in the SRWRLocal authority
amended 4 times
- Fail to give required advance notice for road worksAny Person
Fine up to £2,500 · amended 5 times (opens in a new tab)
- Begin road works without required noticeAny Person
Fine up to £2,500 · amended 6 times (opens in a new tab)
- Carry out road works against a timing directionAny Person
Unlimited fine · amended 8 times (opens in a new tab)
- Fail to follow directions on placing apparatusAny Person
Unlimited fine · amended 8 times
- Fail to give notice of emergency worksAny Person
Fine up to £2,500 · amended 5 times (opens in a new tab)
- Breach road restriction noticeAny Person
Unlimited fine · amended 12 times (opens in a new tab)
amended 6 times
- Fail to secure road works safety measuresAny Person
Unlimited fine · amended 2 times (opens in a new tab)
- Fail to carry out road works promptlyAny Person
Unlimited fine · amended 1 time (opens in a new tab)
- Use of unqualified road works supervisors or operativesAny Person
Unlimited fine · amended 7 times (opens in a new tab)
- Ensure employees are competent to perform road works dutiesStatutory Undertaker
Unlimited fine · amended 7 times
- Fail to give road authority facilities to check complianceAny Person
Fine up to £2,500 · amended 1 time (opens in a new tab)
- Fail to give monitoring facilities or comply with protection requirements for other road apparatusAny Person
Fine up to £2,500 · amended 3 times (opens in a new tab)
- Fail to reinstate road after worksAny Person
Unlimited fine · amended 7 times (opens in a new tab)
- Fail to meet reinstatement material and workmanship standardsAny Person
Unlimited fine · amended 1 time (opens in a new tab)
- Pay the costs of temporary traffic orders and signageStatutory Undertaker
- Pay road authorities for costs caused by diverted trafficStatutory Undertaker
- Fail to keep records of apparatus locationAny Person
Unlimited fine · amended 1 time (opens in a new tab)
- Fail to inform undertakers of location of road apparatusAny Person
Fine up to £2,500 · amended 6 times (opens in a new tab)
- Maintain street apparatus and provide inspection facilitiesStatutory Undertaker
- Fail to give monitoring facilities for road works affecting apparatusAny Person
Fine up to £2,500 · amended 1 time (opens in a new tab)
- Share costs for protecting or moving apparatus during major road worksStatutory Undertaker
- Fail to consult bridge authority or follow its requirements for bridge worksAny Person
Unlimited fine · amended 1 time (opens in a new tab)
- Fail to comply with light display requirements for road works near railways or waterwaysAny Person
Fine up to £1,000
- Notify and coordinate with transport authorities for rail or tramway worksStatutory Undertaker
Other duties (1) — Crown / regulator
- Scottish Ministers must consult before changing road works rulesCrown / Minister / Government department
amended 1 time
15 other sections in this Part — procedural and definitional
General
2 of 6 sections shown- Corporate/partner liability for offences under the New Roads and Street Works ActDirector or Officer
4 other sections in this Part — procedural and definitional
Schedules
27 of 235 shownOther duties (1) — Crown / regulator
- Secretary of State must publicise and consult on proposed toll ordersCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Publish notice and make draft toll order available for public inspectionCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Highway bodies must give extra publicity for special road schemes when neededCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must hold local inquiry for valid toll order objectionsCrown / Minister / Government department
- Fail to give required notice when ceasing or transferring street‑works apparatusAny Person
Fine up to £2,500
- Fail to notify street authority before abandoning or transferring street works apparatusAny Person
Fine up to £2,500
- Indemnify street authority against claims from your street worksLicence Holder
- Carry out street works in breach of a restriction directionAny Person
Unlimited fine
- Start street works before the allowed dateAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Street authority must issue restriction directions following notice worksLocal authority
- Carry out street works during a restriction period without exemptionAny Person
Unlimited fine
- Execute street works without approved plan or sectionAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Arbitrator must settle plan and section for street works disputesTribunal / Court
- Fail to comply with arbitrator direction on street worksAny Person
Unlimited fine
- Fail to follow approved street works plan in difficult streetsAny Person
Unlimited fine
- Carry out unauthorised street works or fail to provide required plansAny Person
Unlimited fine
- Fail to pay fee or provide information under street works regulationsAny Person
- Comply with penalty notice after appeal decisionEmployer
- Execute road works without a settled plan and sectionAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Dispute resolver must settle plan and section for road worksCrown / Minister / Government department
- Fail to comply with direction on road works in special engineering difficultiesAny Person
Unlimited fine
- Fail to follow approved plan for road works in roads with special engineering difficultiesAny Person
Unlimited fine
- Carry out street works without proper notice or fail to submit plansAny Person
Unlimited fine
- Fail to pay fixed penalty within time limitAny Person
Other duties (1) — Crown / regulator
- Minister may introduce charges for long-stay builder's skips on public highwaysCrown / Minister / Government department
- Use vehicle in breach of playground road orderAny Person
- Pay a charge for prolonged highway worksAny Person
208 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Respond to highway works penalties and enforcement
What to do when you receive a Fixed Penalty Notice, Section 74 overrun charge, or reinstatement defect notice for street works. Covers …
Drainage and utilities infrastructure compliance
Complete learning path for property developers and contractors working on drainage and utilities infrastructure. Covers Approved Document H drainage design, sewer adoption …
Complete guide to highway works compliance
End-to-end learning path for contractors new to highway works in England. Covers the legal framework, permit types, required qualifications, traffic management, reinstatement …
Highway works quick compliance check
Quick-check permit type, notice period, qualification requirements, and fixed penalty notice amounts before starting highway works. For experienced contractors who need a …
Structural incident on site: what to do now
Emergency response for excavation collapse, structural instability, or unexpected failure during construction works. Covers immediate safety actions, RIDDOR reporting, HSE notification, making …
Utility strike: what to do now
Emergency response for striking gas, electric, water, or telecoms services during digging. Covers immediate danger actions in the first minutes, reporting obligations …
Highway works and street works permits
How to obtain permits and comply with regulations when carrying out works on public highways in England and Wales. Covers notice periods, …
Reinstatement standards for highway works
Reinstatement categories, guarantee periods, materials specifications, inspection regime, and defect correction requirements under the Specification for the Reinstatement of Openings in Highways …
Safe utility trenching and cable avoidance
How to dig safely near underground services on construction sites. Covers HSG47 safe digging practices, cable avoidance tool (CAT) use, utility record …
Set up traffic management for road works
How to plan and set up traffic management for road works in England, Wales, and Scotland. Covers Chapter 8 signing and guarding …
2 more guides that reference this instrument
Connected legislation
Instruments made under this Act. They carry the detail the Act delegates.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.