FOI request detail

Illegal streetworks

Request ID: FOI-1956-2122
Date published: 21 December 2021

You asked

How much revenue does TFL earn from Red route road lane closures and fines issued from over run streetworks, illegal street works, faultyand dangerous street works. TFL charges Contractors, Utilities ( Telecoms, Gas, Water, Electricity) a fee to close footpaths, Red route roads (specific lanes for example permit to close lane one of A406 10am to 4pm between Ilford to Redbridge junctions north bound) for works referred to as Lane rentals/Street works Tfl also fines companies working on Red routes for faulty road works guarding, not displaying a works permit, not displaying correct permit, works that carry on beyond the permitted times and days authorised aswell as unauthorised works (illegal works) All these activities raise further revenue from Red routes seperate from the issuing of PCN's for parking offences. The finacial yrs 2015/16, 2016/17, 2017/18, 2018/19, 2019/20, 2020/21.

We answered

TfL Ref: 1956-2021

Thank you for your clarified request received by Transport for London (TfL) on 30 November 2021.
 
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.  I can confirm that we hold the information you require. You asked: How much revenue does TFL earn from Red route road lane closures and fines issued from over run street works, illegal street works, faulty and dangerous street works for financial years 2015/16, 2016/17, 2017/18, 2018/19, 2019/20, 2020/21.
For clarity, we have provided the information you have requested in 3 distinct sections as follows:
  1. Fixed Penalty Notices (FPN)

The table below provides detail of the level of fines recovered by TfL through the application of the FPN scheme.
 
  Fixed Penalty Notices
2015/16 £156,440
2016/17 £151,400
2017/18 £134,120
2018/19 £130,520
2019/20 £113,120
2020/21 £85,940

* the data provided in this table reflected the amounts paid within each specific year

The FPN scheme is operated by TfL in line with national regulations and allows utility companies who commit offences under the Traffic Management Act, the New Roads and Streetworks Act and the London Permit Scheme to discharge their liability for prosecution through the payment of a fixed fine. The offences liable for FPNs are;-
 
  • Working without a permit
  • Breach of permit condition
  • Late receipt of works start/work stop notifications
  • Late/incorrect registration of works in the streetworks register

It is worth noting that the fines arising from the application of the FPN scheme are completely avoidable by promoters. Furthermore it is set out in national guidance that all Highway Authorities will apply the FPN scheme in a reasonable manner and they should give FPNs ‘where they derive most benefit’. The main strategic goal of the FPN scheme is to drive better performance by works promoters.   

Further information on the application of FPN schemes is available in the relevant regulations and associated Codes of Practice.
 
  1. S74 over-run charges

The table below provides detail of the level of over-running charges recovered by TfL through the application of the S74 over-running works scheme.
 
  S74 over-run charges
2015/16 £361,600
2016/17 £502,700
2017/18 £285,500
2018/19 £401,700
2019/20 £495,575
2020/21 £317,050

* the data provided in this table reflected the amounts paid within each specific year

The application of S74 over-run charges is also established through regulations and allows for daily charges to be applied where street works over-run the agreed duration of their works. These S74 charges are avoidable and are intended to drive timely completion of street works to minimise disruption to the road users.

Further information on the application of S74 over-running charges schemes is available in the relevant regulations and associated Codes of Practice.
 
  1. Lane Rental Scheme

TfL has operated a Lane Rental Scheme since 2012 and have published annual monitoring reports including the levels of charge recovered. These are which are available on this link on the TfL website.

In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.

TfL’s Lane Rental Scheme is applied to the most sensitive parts of the network, at times which are most susceptible to disruption. The scheme is designed to encourage works promoters to plan their works outside of these sensitive times to minimise disruption arising from those works.

Since Lane Rental was introduced in 2012, there has been a 65% increase in companies working at the same site at the same time, and a 30% rise in planned utility works at night.

Lane Rental charges can be avoided and TfL have worked closely with the industry to drive works promoter behaviour to ensure works are undertaken at the least disruptive times. TfL launched a modernised Lane Rental Scheme in May 2021, which includes a number of additional incentives for more off-peak work, substantial discounts to companies who commit to improving their roadworks infrastructure and discounts to companies that demonstrate exemplary safety standards. This is in addition to previous opportunities to waive or reduce charges, such as working collaboratively alongside other work promoters to mitigate future disruption if the works were completed in isolation at separate times.

Surplus income generated from the Lane Rental Scheme is ring-fenced by legislation and can only be used by the industry to invest in initiatives and innovations aimed at improving how road and streetworks are carried out in London. To date, Lane Rental funding has been awarded to 84 projects for uses such as robotic technology to avoid excavation, more efficient working practices to reduce time spent on site, increased analytics for better planning and for more in depth mapping capabilities to speed up the accurate locating of underground assets.

Further details on the Supplementary Guidance and Lane Rental funding can be found on www.tfl.gov.uk/lanerental


If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely


Sara Thomas
FOI Case Management Team
General Counsel
Transport for London

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