The Traffic Management (Guidance on Intervention Criteria) (Wales) Order 2007

1. Introductory Text

2. 1. Title, commencement and application

3. 2. Guidance on intervention criteria

4. Signature

5. 1. SCHEDULE

      TRAFFIC MANAGEMENT ACT 2004 NETWORK MANAGEMENT DUTIES GUIDANCE ON INTERVENTION CRITERIA FOR WALES

      1. 1. INTRODUCTION

      2. 2. Section 17 of the Act requires a local traffic authority...

      3. 3. Section 19 empowers the Welsh Ministers to direct an authority...

      4. 4. Section 20 enables the Welsh Ministers to give an “intervention...

      5. 5. Section 21 empowers the Welsh Ministers to make an “intervention...

      6. 6. The intervention notice is the first formal stage in the...

      7. 7. Further action may not be necessary, but if it is,...

      8. 8. In November 2006 the National Assembly for Wales published guidance...

      9. 9. Section 27 of the Act requires the Welsh Ministers, as...

      10. 10. THE CONTEXT

      11. 11. The Act itself, which is seen as a spur for...

      12. 12. It is hoped that the potential for intervention will encourage...

      13. 13. FUNDAMENTAL PRINCIPLES

      14. 14. Under the Act, it is for individual authorities to determine...

      15. 15. By virtue of section 17 of the Act, an authority...

      16. 16. Each authority should aim to show that their approach to...

      17. 17. In terms of priorities for keeping the network moving efficiently,...

      18. 18. THE NETWORK MANAGEMENT DUTIES

      19. 19. PROCESSES AND OUTCOMES

      20. 20. Moreover, it is not always possible to identify direct links...

      21. 21. When Part 2 of the Act came into effect, the...

      22. 22. However, the Act indicates that authorities may take any action...

      23. 23. The core of the duty is for authorities to manage...

      24. 24. The Welsh Ministers will expect to see evidence, within the...

      25. 25. DEMONSTRATING THE PERFORMANCE OF THE NETWORK MANAGEMENT DUTIES

      26. 26. An authority should report on how it is managing its...

      27. 27. It is intended that any reporting process should not impose...

      28. 28. It is the responsibility of each authority to provide clear...

      29. 29. Where authorities participate in a joint RTP, each should ensure...

      30. 30. ASSESSMENT OF EVIDENCE

      31. 31. TO WHAT EXTENT HAS AN AUTHORITY HAD REGARD FOR THE NETWORK MANAGEMENT DUTY GUIDANCE IN PERFORMING ITS NETWORK MANAGEMENT DUTIES? (See section 18(2) of the Act)

      32. 32. Considering the needs of all road users. (See NMDG paragraphs 26, 51, 76-79 and 117)

      33. 33. Coordinating and planning works and known events. (See NMDG paragraph 27)

      34. 34. Gathering and providing information needs. (See NMDG paragraphs 28, 89, 90, 126 and 127)

      35. 35. Incident management and contingency planning. (See NMDG paragraphs 29 and 50)

      36. 36. Dealing with traffic growth. (See NMDG paragraph 30)

      37. 37. Working with all stakeholders — internal and external. (See the Act and NMDG paragraphs 31 to 33 and 57 to 62)

      38. 38. Ensuring parity with others. (See NMDG paragraphs 67 and 88)

      39. 39. Providing evidence to demonstrate network management. (See NMDG paragraph 47)

      40. 40. TO WHAT EXTENT HAS THE LOCAL TRAFFIC AUTHORITY CONSIDERED AND WHERE APPROPRIATE TAKEN ACTION AS ENVISAGED BY SECTION 16(2) OF THE ACT?

      41. 41. TO WHAT EXTENT HAS THE LOCAL TRAFFIC AUTHORITY EXERCISED ANY POWER IN SUPPORT OF THIS ACTION?

      42. 42. TO WHAT EXTENT HAVE INDICATORS AND TARGETS TO REDUCE CONGESTION BEEN USED?

      43. 43. TO WHAT EXTENT DO INDIVIDUAL CIRCUMSTANCES ACCOUNT FOR AN APPARENT FAILURE OF A DUTY?

      44. 44. REQUEST FOR INFORMATION

      45. 45. While the informal approach will probably be the main method...

      46. 46. A direction under section 19 may be given to a...

      47. 47. CRITERIA FOR DECIDING WHETHER TO GIVE AN INTERVENTION NOTICE

      48. 48. CRITERION No.1 (Section 17 duties)

      49. 49. In applying this criterion, the Welsh Ministers will address the...

      50. 50. CRITERION No.2 (Section 16 — the network management duty)

      51. 51. In applying this criterion the Welsh Ministers will address the...

      52. 52. CRITERIA FOR DECIDING WHETHER TO MAKE AN INTERVENTION ORDER

      53. 53. CRITERION No.1 (Section 17 duties)

      54. 54. In applying this criterion, the Welsh Ministers will re-address the...

      55. 55. CRITERION No.2 (Section 16 — the network management duty)

      56. 56. In applying this criterion the Welsh Ministers will re-address the...

6. Explanatory Note