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SCHEDULES

Section 40

SCHEDULE 1 Increase in maximum fines for certain summary offences under the 1991 Act

Provision specifying fine Brief description of offence or offences to which the fine relates New maximum fine
Section 51(2) Offences under s. 51(1) (prohibition of authorised street works) level 5
Section 54(5) Failure to comply with duties under s.54 (advance notice of certain works, etc.) level 4
Section 55(5) Beginning to execute works in contravention of s. 55 (notice of starting date of works) level 4
Section 56(3) Execution of works in contravention of direction under s. 56 (directions as to timing of street works) level 5
Section 57(4) Failure to give notice in accordance with s. 57 (notice of emergency works) level 4
Section 58(6)(a) Carrying out works in contravention of a restriction imposed under s. 58 (restriction on works following substantial road works) level 5
Section 60(3) Failure to comply with duty under s. 60(1) (general duty of undertakers to co-operate) level 5
Section 65(4) Failure to comply with s. 65(1) or (2) (safety measures) level 5
Section 65(6) Interference with safety measures taken by undertaker level 5
Section 66(2) Failure to comply with s. 66(1) (duty to carry on and complete certain street works with all reasonably practicable dispatch) level 5
Section 67(3) Failure to comply with s.67(1), (2) or (2C) (duties relating to the use of qualified supervisors and operatives) level 5
Section 68(2) Failure by undertaker to afford street authority with reasonable facilities for ascertaining whether he is complying with his duties under Part 3 level 4
Section 69(2) Failure to comply with s. 69(1) (requirements relating to street works likely to affect another person’s apparatus in the street) level 4
Section 71(5) Failure to comply with duties under s. 71 (prescribed requirements as to materials and workmanship and performance standards for reinstatements) level 5
Section 79(4) Failure to comply with duties under s. 79(1) to (3) (records of location of apparatus) level 5
Section 80(4) Failure to comply with s. 80(1) (duty to inform other undertaker of location of certain apparatus) or requirements imposed under s.80(2) (duties applicable where ownership of certain apparatus cannot be ascertained) level 4
Section 83(3) Failure by authority to comply with s. 83(2) (requirements relating to certain road works likely to affect apparatus in the street) level 4
Section 92(2) Failure to comply with a special requirement as to the displaying of lights imposed by a transport authority under s. 92(1) level 5
Schedule 3, paragraph 5(3) Failure to comply with obligation under paragraph 5 (obligations to give notice to street authority) level 4
Schedule 4, paragraph 6 Execution of works in street with special engineering difficulties in contravention of paragraph 2 (requirement for agreed plan and section before executing works) or paragraph 3 (requirement to furnish plan and section after emergency works) level 5
Schedule 4, paragraph 12(5) Failure to execute works in such a street in accordance with a direction under paragraph 12 level 5
Schedule 4, paragraph 13(2) Failure to comply with paragraph 13(1) (requirement to execute works in such a street in accordance with plan or agreed modification) level 5

Section 41

SCHEDULE 2 Schedule 4A to the New Roads and Street Works Act 1991

Section 95A

SCHEDULE 4A fixed penalty offences under part 3

Offence Brief description
An offence under section 54(5) Failure to comply with duties under s. 54 (advance notice of certain works, etc.)
An offence under section 55(5) Beginning to execute works in contravention of s. 55 (notice of starting date)
An offence under section 55(9) Failure to give notice in accordance with s. 55(8) (notice to be given on s. 55 notice ceasing to have effect)
An offence under section 57(4) Failure to give notice in accordance with s. 57 (notice of emergency works)
An offence under section 70(6) consisting of a failure to comply with subsection (3) or (4A) Failure to comply with requirements to give notice of completion of reinstatement
An offence created by regulations made under section 74(7B) Failure to give a notice required by regulations under s. 74 (charge for occupation of the highway where works unreasonably delayed)
An offence created by regulations made under section 74A(11) Failure to give a notice required by regulations under s. 74A (charge determined by reference to duration of works)