New Roads and Street Works Act 1991

65 Safety measures.E+W

(1)An undertaker executing street works shall secure—

(a)that any part of the street which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and

(b)that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the street,

having regard, in particular, to the needs of people with a disability.

(2)In discharging in relation to a highway his duty with respect to the placing, maintenance or operation of traffic signs, an undertaker shall comply with any directions given by the traffic authority.

The power of the traffic authority to give directions under this subsection is exercisable subject to any directions given by the Secretary of State under section 65 of the M1Road Traffic Regulation Act 1984.

(3)The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—

(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with that subsection; and

(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that subsection.

(4)An undertaker who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding [F1level 5] on the standard scale.

(5)If it appears to the street authority that an undertaker has failed to comply with subsection (1) or (2), they may take such steps as appear to them necessary and may recover from the undertaker the costs reasonably incurred by them in doing so.

(6)If a person without lawful authority or excuse—

(a)takes down, alters or removes any fence, barrier, traffic sign or light erected or placed in pursuance of subsection (1) or (2) above, or

(b)extinguishes a light so placed,

he commits an offence and is liable on summary conviction to a fine not exceeding [F2level 5] on the standard scale.