Respond to highway works penalties and enforcement
- 5 steps
- 3 requirements
UK Act of Parliament
1991
United Kingdom
New Roads and Street Works Act 1991
At a glance
Enforced by
What's here
75 compliance obligations, 6 practical guides · 6 journeys · 1 statutory instrument
Penalty landscape
30 of 75 obligations carry an unlimited fine. 23 carry different penalties and 22 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 49
- Statutory Undertaker 11
- Contractor 2
- Director or Officer 1
Plus 12 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Drainage and utilities infrastructure compliance
- 1 step
Complete guide to highway works compliance
- 7 steps
- 3 requirements
Highway works quick compliance check
- 6 steps
- 3 requirements
Structural incident on site: what to do now
- 1 step
Utility strike: what to do now
- 1 step
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
4 guidesSupporting — topic alignment
1 guidesMentioned in related content
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Statutory Undertakers also bound by 21 other Acts (top 5 shown)
- Water and Sewerage Services (Northern Ireland) Order 2006 2006 43 duties
- Water Industry Act 1991 1991 38 duties
- The Street Works (Northern Ireland) Order 1995 1995 13 duties
- The Water Supply (Water Quality) Regulations 2000 2000 12 duties
- Reservoirs Act 1975 1975 8 duties
Contractors also bound by 56 other Acts (top 5 shown)
- Construction (Design and Management) Regulations 2015 2015 360 duties
- The Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 1993 19 duties
- Building Regulations (Northern Ireland) 2000 2000 17 duties
- Building Regulations (Northern Ireland) 2012 2012 15 duties
- Work in Compressed Air Regulations 1996 1996 14 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — New Roads in England and Wales
Concession agreements.
- Transfer required land and pay compensation if road not completed Contractor
The toll period.
Other duties (1) — Crown / regulator
- Highway authority must decide the end date of the toll period Local authority
Amount of tolls chargeable by highway authority.
Other duties (1) — Crown / regulator
- Highway authority must specify maximum toll amounts in toll orders Local authority
Collection of tolls.
Fine up to £1,000- Demand a toll you are not authorised to charge Any Person
Refusal or failure to pay tolls.
Fine up to £1,000- Refuse or fail to pay a road toll Any Person
Annual report on concession agreements and toll orders.
Other duties (1) — Crown / regulator
- Secretary of State must report annually on toll roads and concessions Crown / Minister / Government department
Browse 20 other sections in this Part — procedural / definitional / commencement
Exercise of highway functions by concessionaire.
Provisions as to traffic regulation.
Leasing of land to concessionaire.
Transfer or termination of concession.
Toll orders.
Amount of tolls chargeable by concessionaire.
Application of enactments relating to monopolies, &c.
Variation or revocation of toll order.
Extension toll orders.
Further provisions as to charging of tolls.
Facilities for collection of tolls.
Restriction of access to toll roads.
Environmental assessment of projects involving special roads.
Classification of traffic for purposes of special roads.
Certain special roads not necessarily trunk roads.
Adoption of privately constructed roads.
Execution of works by highway authority at expense of another.
Exercise of road traffic regulation powers.
Application of provisions of the Highways Act 1980, &c.
Interpretation.
Part II — New Roads in Scotland
The toll period.
Other duties (1) — Crown / regulator
- Special road authorities must determine the end date of toll periods Local authority
Amount of tolls chargeable.
Other duties (1) — Crown / regulator
- Crown must set maximum toll amounts in toll orders Crown / Minister / Government department
Collection of tolls.
Fine up to £1,000- Demand unauthorised toll or breach toll requirements Any Person
Refusal or failure to pay tolls.
Fine up to £1,000- Fail to pay tolls Any Person
Report on toll roads and toll orders in Scotland.
Other duties (1) — Crown / regulator
- Secretary of State must report to Parliament on Scottish toll roads Crown / Minister / Government department
Browse 16 other sections in this Part — procedural / definitional / commencement
Toll orders.
Assignation of rights under a toll order.
Extension toll orders.
Toll order in respect of major crossings.
Application of enactments relating to monopolies, &c.
Variation or revocation of toll order.
Transfer or termination of assignation.
Further provision as to charging of tolls.
Facilities for collection of tolls.
Restriction of access to toll roads.
Environmental assessment of projects involving special roads.
Provisions as to traffic regulation.
Exercise of road traffic regulation powers.
Classification of traffic for purposes of special roads.
Special roads not necessarily to be trunk roads.
The Roads (Scotland) Act 1984 and the interpretation of Part II.
Part 3A — National Underground Asset Register: England and Wales
National Underground Asset Register
Amended 9 timesInitial upload of information into NUAR
Unlimited fine Amended 9 times- Fail to upload required information to NUAR Any Person
Access to information kept in NUAR
Amended 9 timesGuidance
Amended 9 timesFees payable by undertakers in relation to NUAR
Amended 9 timesProviding information for purposes of regulations under section 106E
Amended 9 timesMonetary penalties
Amended 9 timesArrangements for third party to exercise functions
Amended 9 timesData protection
Amended 9 timesRegulations under this Part
Amended 9 timesInterpretation
Amended 9 timesPart III — Street works in England and Wales
Prohibition of unauthorised street works.
Unlimited fine- Carry out unauthorised street works Any Person
The street works register.
Other duties (1) — Crown / regulator
- Street authorities must maintain and permit inspection of street works registers Local authority
Advance notice of certain works.
Fine up to £2,500- Fail to give or follow advance notice for street works Any Person
Notice of starting date of works.
Fine up to £2,500- Fail to give required notice before starting street works Any Person
Power to give directions as to timing of street works.
Unlimited fine- Carry out street works against a timing direction Any Person
Power to give directions as to placing of apparatus
Unlimited fine- Ignore direction to not place apparatus on a street Any Person
Notice of emergency works.
Fine up to £2,500- Fail to provide notice of emergency road works Any Person
Restriction on works following substantial road works.
Unlimited fine- Undertake street works in breach of a restriction notice Any Person
General duty of undertakers to co-operate.
Unlimited fine- Fail to co‑operate with street authority on street works Any Person
Safety measures.
Unlimited fine- Fail to secure safety measures for street works Contractor
Avoidance of unnecessary delay or obstruction.
Unlimited fine- Fail to carry out street works promptly Any Person
Qualifications of supervisors and operatives.
Unlimited fine- Fail to have qualified supervisor or operative for street works Any Person
Facilities to be afforded to street authority.
Fine up to £2,500- Fail to provide street authority facilities to check compliance Any Person
Works likely to affect other apparatus in the street.
Fine up to £2,500- Fail to give access or protect other street apparatus Any Person
Duty of undertaker to reinstate.
Unlimited fine- Fail to reinstate street works as required Any Person
Materials, workmanship and standard of reinstatement.
Unlimited fine- Fail to meet reinstatement standards for street works Any Person
Charge for occupation of the highway where works unreasonably prolonged.
Fine up to £2,500- Fail to give notice regarding overrunning street works Any Person
Charge determined by reference to duration of works.
Fine up to £2,500- Fail to give required notice for street works Any Person
Liability for cost of temporary traffic regulation.
- Pay costs for temporary traffic orders or restrictions Statutory Undertaker
Liability for cost of use of alternative route.
- Indemnify highway authorities for costs related to diversion routes Statutory Undertaker
Records of location of apparatus. Information in relation to apparatus
Unlimited fine- Fail to keep records of street‑works apparatus Any Person
Duty to inform undertakers of location of apparatus. Duties to report missing or incorrect information in relation to apparatus.
Fine up to £2,500- Fail to inform or report street‑work apparatus information Any Person
Duty to maintain apparatus.
- Maintain and allow inspection of street apparatus Statutory Undertaker
Works for road purposes likely to affect apparatus in the street.
Fine up to £2,500- Fail to give apparatus owner monitoring facilities or comply with protection requirements Any Person
Sharing of cost of necessary measures.
- Share costs for protecting or moving apparatus during major street works Statutory Undertaker
Prospectively maintainable highways.
Other duties (1) — Crown / regulator
- Local highway authority must protect and manage prospective highways Local authority
Bridges, bridge authorities and related matters.
Unlimited fine- Fail to consult bridge authority or follow its requirements Any Person
Special precautions as to displaying of lights.
Unlimited fine- Fail to follow transport authority lighting requirements for street works Any Person
Works affecting level crossings or tramways.
Unlimited fine- Coordinate roadworks with railway or tramway authorities Statutory Undertaker
Meaning of “prescribed” and regulations generally.
Amended 5 timesMinor definitions.
Amended 30 timesIndex of defined expressions.
Amended 9 timesBrowse 33 other sections in this Part — procedural / definitional / commencement
Streets, street works and undertakers.
The street authority and other relevant authorities.
Street works licences.
Emergency works.
Restriction on works following substantial street works
General duty of street authority to co-ordinate works.
Protected streets.
Supplementary provisions as to designation of protected streets.
Streets with special engineering difficulties.
Traffic-sensitive streets.
Powers of street authority in relation to reinstatement.
Reinstatement affected by subsequent works.
Guidance about street authority inspections
Regulations under sections 74 and 74A.
Inspection fees.
Contributions to costs of making good long-term damage.
Liability for damage or loss caused.
Measures necessary where apparatus affected by major works.
Highway authorities, highways and related matters.
Public sewers, sewer authorities and related matters.
Provisions as to reinstatement of sewers, drains or tunnels.
Transport authorities, transport undertakings and related matters.
Power of street authority or district council to undertake street works.
Offences.
Fixed penalties for certain offences under this Part
Recovery of costs or expenses.
Service of notices and other documents.
Reckoning of periods.
Arbitration.
Agreements inconsistent with the provisions of this Part.
Effect of this Part on certain existing special enactments or instruments.
Effect of this Part on other existing enactments or instruments.
Former controlled land.
Part IV — Road works in Scotland
Roads, road works and undertakers.
Amended 4 timesThe road works authority and other relevant authorities.
Amended 6 timesPermission to execute road works.
Amended 5 timesProhibition of unauthorised road works.
Unlimited fine Amended 1 time- Carry out unauthorised road works Any Person
The road works register.
Amended 4 timesThe Scottish Road Works Register
Amended 4 timesOther duties (1) — Crown / regulator
- Commissioner must maintain the Scottish Road Works Register Statutory regulator
Duty to enter certain information in the Scottish Road Works Register
Amended 4 timesOther duties (1) — Crown / regulator
- Road works authorities must record road and project details in the SRWR Local authority
Advance notice of certain works.
Fine up to £2,500 Amended 5 times- Fail to give required advance notice for road works Any Person
Notice of starting date of works.
Fine up to £2,500 Amended 6 times- Begin road works without required notice Any Person
Power to give directions as to timing of works.
Unlimited fine Amended 8 times- Carry out road works against a timing direction Any Person
Power to give directions as to placing of apparatus
Unlimited fine Amended 8 times- Fail to follow directions on placing apparatus Any Person
Notice of emergency works.
Fine up to £2,500 Amended 5 times- Fail to give notice of emergency works Any Person
Restriction on works following substantial works carried out for road purposes.
Unlimited fine Amended 12 times- Breach road restriction notice Any Person
General duty of road works authority to co-ordinate works.
Amended 10 timesGeneral duty of undertakers to co-operate.
Amended 6 timesEnforcement of sections 118 and 119: imposition of penalties
Amended 6 timesProtected roads.
Amended 2 timesSupplementary provisions as to designation of protected roads.
Amended 1 timeRoads with special engineering difficulties.
Amended 1 timeTraffic-sensitive roads.
Amended 1 timeSafety measures.
Unlimited fine Amended 2 times- Fail to secure road works safety measures Any Person
Avoidance of unnecessary delay or obstruction.
Unlimited fine Amended 1 time- Fail to carry out road works promptly Any Person
Qualifications of supervisors and operatives.
Unlimited fine Amended 7 times- Use of unqualified road works supervisors or operatives Any Person
Duty of authorities, undertakers etc. to ensure competence of employees etc.
Unlimited fine Amended 7 times- Ensure employees are competent to perform road works duties Statutory Undertaker
Facilities to be afforded to road works authority.
Fine up to £2,500 Amended 1 time- Fail to give road authority facilities to check compliance Any Person
Works likely to affect other apparatus in the road.
Fine up to £2,500 Amended 3 times- Fail to give monitoring facilities or comply with protection requirements for other road apparatus Any Person
Duty of undertaker to reinstate.
Unlimited fine Amended 7 times- Fail to reinstate road after works Any Person
Materials, workmanship and standard of reinstatement.
Unlimited fine Amended 1 time- Fail to meet reinstatement material and workmanship standards Any Person
Powers of road works authority in relation to reinstatement.
Amended 3 timesCharge for occupation of the road where works unreasonably prolonged.
Amended 1 timeLiability for cost of temporary traffic regulation.
Amended 2 times- Pay the costs of temporary traffic orders and signage Statutory Undertaker
Liability for cost of use of alternative route.
Amended 2 times- Pay road authorities for costs caused by diverted traffic Statutory Undertaker
Records of location of apparatus.
Unlimited fine Amended 1 time- Fail to keep records of apparatus location Any Person
Duty to inform undertakers of location of apparatus.
Fine up to £2,500 Amended 6 times- Fail to inform undertakers of location of road apparatus Any Person
Duty to maintain apparatus.
- Maintain street apparatus and provide inspection facilities Statutory Undertaker
Works for road purposes likely to affect apparatus in the road.
Fine up to £2,500 Amended 1 time- Fail to give monitoring facilities for road works affecting apparatus Any Person
Measures necessary where apparatus affected by major works.
Amended 4 timesSharing of cost of necessary measures.
Amended 4 times- Share costs for protecting or moving apparatus during major road works Statutory Undertaker
Bridges, bridge authorities and related matters.
Unlimited fine Amended 1 time- Fail to consult bridge authority or follow its requirements for bridge works Any Person
Sewers.
Amended 6 timesProvisions as to reinstatement of sewers, drains or tunnels.
Amended 4 timesSpecial precautions as to displaying of lights.
Fine up to £1,000- Fail to comply with light display requirements for road works near railways or waterways Any Person
Works affecting level crossings or tramways.
- Notify and coordinate with transport authorities for rail or tramway works Statutory Undertaker
Power of road works authority or district council to undertake road works.
Amended 2 timesRecovery of costs or expenses.
Amended 3 timesService of notices and other documents.
Amended 1 timeArbitration.
Amended 2 timesEffect of this Part on other existing enactments or instruments.
Amended 1 timeMeaning of “prescribed” and regulations generally.
Amended 1 timeConsultation on regulations and codes of practice
Amended 1 timeOther duties (1) — Crown / regulator
- Scottish Ministers must consult before changing road works rules Crown / Minister / Government department
Minor definitions.
Amended 3 timesIndex of defined expressions.
Amended 6 timesBrowse 15 other sections in this Part — procedural / definitional / commencement
Emergency works.
Reinstatement affected by subsequent works.
Inspection fees.
Contributions to costs of making good long-term damage.
Liability for damage or loss caused.
Roads authorities, roads and related matters.
Prospective public roads.
Transport authorities, transport undertakings and related matters.
Offences.
Fixed penalties for certain offences under this Part
Reckoning of periods.
Regulations prescribing manner of settlement of disputes
Agreements inconsistent with the provisions of this Part.
Effect of this Part on certain existing special enactments or instruments.
Former controlled land.
Part V — General
Offences by bodies corporate or Scottish partnerships.
Amended 1 time- Corporate/partner liability for offences under the New Roads and Street Works Act Director or Officer
Crown application.
Amended 3 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Minor and consequential amendments and repeals.
Extent.
Commencement.
Short title.
Schedules
Procedure in Connection with Toll Orders
Other duties (1) — Crown / regulator
- Secretary of State must publicise and consult on proposed toll orders Crown / Minister / Government department
Street works licences
Fine up to £2,500- Fail to give required notice when ceasing or transferring street‑works apparatus Any Person
Restriction on works following substantial street works
Unlimited fine- Carry out street works in breach of a restriction direction Any Person
Streets with special engineering difficulties
Unlimited fine- Execute street works without approved plan or section Any Person
Roads with special engineering difficulties
Unlimited fine- Execute road works without a settled plan and section Any Person
Browse 10 other Schedules — structural / supplementary
Supplementary provisions as to termination of concession
fixed penalty offences under part 3
Fixed penalties for certain offences under Part 3
Procedure for making certain orders under Part III
Monetary penalties in relation to requirements under Part 3A
FIXED PENALTY OFFENCES UNDER PART 4
FIXED PENALTIES FOR CERTAIN OFFENCES UNDER PART 4
Procedure for making certain orders under Part IV
Minor and consequential amendments
Repeals
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Excavation safety - HSE construction guidance (opens in a new tab) from HSE Detailed Guidance
- HSE: Avoiding danger from underground services (HSG47) (opens in a new tab) from HSE Detailed Guidance
- L101 — Safe work in confined spaces (Approved Code of Practice) (opens in a new tab) from HSE Detailed Guidance
- Issuing section 50 street works licences (opens in a new tab) Publication
- Code of Practice for the Co-ordination of Street Works (Wales) 2008 (opens in a new tab) Publication
- NRSWA Code of Practice for the Co-ordination of Works in Roads (Scotland) (opens in a new tab) Code of Practice
- Street works qualifications in England: guidance for operatives and supervisors (opens in a new tab) Publication
- Lane rental schemes: guidance for English highway authorities (opens in a new tab) Publication
- Code of practice for the co-ordination of street and road works December 2025 (opens in a new tab) Code of Practice
- National Highways - working on our network (opens in a new tab) Detailed Guidance
- ... and 7 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Government company responsible for operating, maintaining, and improving England's strategic road network (motorways and major A-roads). Sets standards for highway design, construction, …
Connected legislation
1 statutory instrument
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (1)
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