Roads works regulations and safety requirements

Road works and events law

The law creates a framework for the control and management of road works on the Island’s public roads. It sets out duties for anyone doing road works to comply with safe measures. It also sets out duties for highway authorities to co-ordinate road works to facilitate the efficient movement of traffic.

If you carry out any type of road works you must comply with the highway authorities and the law.

Road Works and Events (Jersey) Law 2016

If you need guidance on the law email the road works and events team.

Definition of roads

A road is defined in the law as being maintainable by the highway authority and includes:

• carriageways
• footpaths and footways
• cycle paths or cycleways
• roundabouts
• vehicle laybys
• bus stops
• public car parks and public parking places
• pedestrian crossings
• promenades
• verges
• supporting structures such as retaining walls, bridges and tunnels
• open public spaces such as squares, precincts and beaches

About road works

The highway authorities are responsible for authorising, managing and coordinating road works. Depending on the location and ownership of the road the highway authority can be Infrastructure and Environment (IE) Department or a parish.

Find out who is responsible for which roads under road ownership on the road information map.

We approve up to 5,000 road works permits every year. These are planned to be as safe as possible and effectively co-ordinated to reduce the impact on the traveling public while planning and facilitating infrastructure and utility repairs and improvements.

Around 80% of all road work permit applications we approve are for work carried out during off-peak traffic hours.

List of major closures and delays

Types of road works

There are 3 different types of road works in Jersey:

Contracted highway authority works

Work done by contractors for the highway authority, such as pothole repair and road resurfacing.

Undertaker works

Work for Utility Companies such as:

• drainage
• electricity
• gas
• telecoms
• water

This type often involves utility service work which requires trenching (digging) in the road.

Specified road works

These are works other than contracted highway authority work or undertaker works which use space in the road and create an obstacle or potential hazard.

The highway authority can decide what activities can be considered specified road works and under what circumstances you may need a permit.

Types of specified road works that must have a permit:

• operating a mobile crane
• placing or removing scaffolding on or from a road (excluding mobile scaffolding)
• road side stabilisation works such as netting, pinning, rock bolting, cutting and clearing on road side slopes, banks or rock faces
• constructing or modifying an entrance for vehicles (whether for temporary or permanent access)
• placing or using skips on a road
• storing building materials on a road

Types of specified road works that may need a permit under certain circumstances:

• cleaning the exterior of premises (other than domestic premises)
• constructing or repairing a wall on the side of a road
• tree felling other than hedge trimming and branchage
• construction or maintenance work on a building (excluding the cleaning of the exterior of a building)
• loading or unloading scaffolding (excluding mobile scaffolding) for use other than on a road
• survey works for any activity falling within the definition “road works”
• using equipment to pump concrete
• using scaffolding on a road (excluding mobile scaffolding)
• using a mobile elevated platform on a road to carry out road works (including mobile scaffolding)

If you're not sure whether you need a road works permit contact us.

Code of practice, supervision and qualification requirements

Code of practice for working safely on roads

Our code of practice sets out the safety measures and requirements for anyone planning and doing road works. It provides guidance on signing, lighting and guarding, the  equipment and required method of traffic control to use to ensure your road works are as safe as possible.

If you're planning to carry out or to supervise road works you must comply with the code of practice.

Working safely on Jersey roads, an approved Code of Practice

Find information on performance and non-compliance.

The highway authority may also give specific directions in some cases to improve safety even if it's inconsistent with the code.

When planning your road works, you must complete a site specific risk assessment and safe work method statement. This will require a competent person to visit the site in advance of the work to:

• assess the risks
• determine the correct method of traffic control
• determine the type of safety equipment required for the works

An on-site assessment form will help you carry out your risk assessment and prepare your safe work method statement.

On-site assessment form for working safely on Jersey roads

Operating temporary portable traffic signals or stop and go boards is considered a high-risk activity and must be undertaken by a qualified person. The use of temporary portable traffic signals must be approved by the highway authority who may set specific conditions for their use.

If you use temporary portable traffic signals you must have stop and go boards available on site in case of battery or signal failure. You must not operate stop and go boards at night without appropriate lighting.

Supervision and qualification

The supervision and qualification policy set out the minimum competencies requirements you need to do road works. They only apply where a road works permit is required.

You'll need to complete the Road Works Safety Qualification (RWSQ) to receive a road works permit. The RWSQ is a basic road works safety course for managing traffic and pedestrians with signing, lighting and guarding on site. You can also use the RWSQ as a basic road works safety refresher for your UK Street Works qualification before it expires. 

A further half day course is available if you set up or manually operate portable traffic signals.

Both courses will be delivered and administered by a local training provider and will include an ID card, as part of a Government of Jersey certification system. You’ll need to recertify every 5 years.

If you're a supervisor or operative holding a valid ID card you may need to carry out training or reassessment before your card’s expiry date. This may happen following a serious inspection failure or a series of inspection failures where you showed having insufficient understanding of the necessary road work safety requirements. If this relates to basic traffic management, signing, lighting or guarding, you'll need to complete the RWSQ.

You can find details of all safety and qualification requirements in the road work supervision and qualification policy.

Road work supervision and qualification policy

For more information on supervision and road works qualifications email the road works and events team.

Performance and non-compliance

The highway authorities have a duty under the law to make sure anyone carrying out road works does it safely, efficiently and minimises inconvenience to all road users.

Anyone carrying out road works must do so using the same principles. They must also co-operate with the highway authorities and any person carrying out other works that may be affected by their works.

Road works inspectors have a duty to check site safety and road works permit and Code of Practice compliance. You must therefore cooperate with an inspector's request for information relating to road works or training and qualifications.

Road works Inspectors carry out inspections to check for:

• road works permit
• permit and code compliance
• signing, lighting and guarding
  
• PPE and safety equipment
• site safety
  
• trench reinstatement quality
• risk assessments
• safe working method statement
• supervision and qualifications

We keep records of inspection data in the Trafficworx system. We use this information to understand your performance, highlight areas needing improvement and any necessary actions you must take.

Once you have been issued a permit, you must comply with the permit conditions. If you need to make any changes to your road works then you must notify the highway authority. If you cannot notify the highway authority then you must justify your decisions based on a risk assessment and safe work method statement. You must keep these documents as evidence and provide them if requested.

Non-compliance

You must have a permit to carry out road works as doing so without a permit is illegal. 

You must also notify the highway authority if you plan to do work on the road that impacts traffic or pedestrians. If you're carrying out unsafe road work activity and are unable to make it safe, we may act to make it safe and recover the costs of doing so. Incidents of non-compliance will be recorded in Trafficworx. 

If the highway authority assess the level of risk of any offences or non-compliance as unacceptable they may give you notice to submit an improvement plan.

Contractor Performance Management

The aim of Contractor Performance Management is to make sure the quality and safety of road works by identifying areas of performance that need improvement for individual works, promoters or contractors.

Road works inspectors check for road works safety compliance and record failures and non-compliance at live road works sites.

Any safety concern or instance of non-compliance identified by the inspector must be made safe as soon as required and in accordance with the Code of Practice or the inspectors' instructions.

Each issue related to signing, lighting, and guarding identified by an inspector is logged against a contractor’s performance record for a period of 12 months unless the issue is successfully appealed.

Improvement plan

You’ll be given an improvement notice if you have a non-compliance record in a period of 12 months of more than:

• 5 failures of low risk
• 3 failures of medium risk
• 1 failure of high risk

If you receive an improvement notice, you will need to submit an improvement plan. This is set by the inspector based on the failures and will outline the areas that need improving. You'll need to produce a step by step plan to show how these areas will be improved to ensure compliance and safe working. Once completed your plan needs to be submitted to the highway authority for approval.

This plan will need to be submitted to the highway authority via Trafficworx.

You cannot apply for road works permits until your improvement plan is accepted.

You have 2 months to appeal decisions in Trafficworx. If you're not a Trafficworx user, you can appeal by emailing the road works and events team.

Trafficworx

All highway authorities use a road network management system called Trafficworx to co-ordinate all road activity. With Trafficworx, the highway authorities can effectively plan road works and road events to reduce the impact on the traveling public.

The system helps the highway authorities:

• assess and reduce impact on traffic
• record planned activities
• consult about road works and events
• avoid conflict with other road works and events
• combine works where possible
• show other workers and the public what is happening on the roads

Highway authorities also use Trafficworx to plan, coordinate and consult on permit applications before approving them. This ensures that the approved work is well co-ordinated, safe and causes the least amount of impact to the traveling public. This also gives notice to residents, emergency services and the public to keep the road network safe and the traveling public moving.

Trafficworx is used by:

• highway authorities
• utility companies
• scaffolders
• companies that do frequent roadside works and building maintenance
• tree surgeons or stonemasons

If you’re not a Trafficworx user and are planning to do works on the road you need to apply for a road works permit. To find out how you can become a Trafficworx user email the road works and events team.

Developers or private work that affects the road

Work you carry out as a developer or as a private property owner on or next to a main road needs specialist knowledge, skills and equipment.

You can find further guidance and regulations for developers or private work that affects a main road.

Embargo periods

Road embargoes restrict anyone from opening a new road surface for a set period. This may be enforced by the highway authority after major resurfacing works.

Any excavation in a road carriageway will reduce the life of that carriageway, the embargo period protects the highway authorities investment in maintenance.

The length of the embargo and the type of work restricted depends on the type of road and whether the road was resurfaced or reconstructed.

The highway authorities may impose a 3 year or a 5 year embargo period on utility companies or others to prevent digging works on roads, or request an enhanced reinstatement to mitigate the impacts of excavations. This means that we do not allow new excavations from the date of completion of a project, except for:

• urgent or emergency works
• works that do not involve digging
• in some instances, property connections that could not have been anticipated or completed before the embargo

In all cases an enhanced reinstatement will be needed if excavations take place in an embargoed road.

To find out which roads are currently under an embargo period check the road information map.

Restricted work during embargo

The length of the embargo and the type of work restricted depends on the type of road and whether the road was resurfaced or reconstructed.

Enhanced reinstatement requirements

It's an offence to do road works that need reinstatement on embargoed roads without authorisation from the highway authority. Works that are permitted to commence on an embargoed road section that need reinstatement must comply with the enhanced reinstatement requirements set out by the highway authority prior to the works starting.

To understand what enhanced reinstatement requirements are needed and to receive the relevant authorisation to do road works on an embargoed section of road, you should contact the relevant highway authority, this can also be found on the road information map.

For Government of Jersey roads email dfi@gov.je.

Carriageway embargo periods

Carriageways are the part of a road for motor vehicles and include paved cycle tracks.

Paved roads (other than  carriageway) embargo periods

Paved roads include:

• footways and footpaths
  
• alleys, passages or promenades
  
• open space such as pedestrian areas or squares