WITH roadworks seemingly around every corner this summer, it has been revealed that more than 40% of them could be illegal or non-compliant.
Carrying out a survey last year on Islandwide roadworks, the Government’s Infrastructure Department found that almost a fifth of all works around the Island did not have a permit – which is required for most major works – and another 23% were non-compliant, so outside the scope of their permit.
The extensive programme of upgrades during the summer has become a major talking point in recent years, amid concerns that roadworks often mean the Island is not looking its best during peak tourism months.
A permit is required from the department or the relevant parish whenever a road or pavement is closed or when temporary signals are needed.
Using a mobile crane or modifying an entrance for vehicles definitely need a permit, while cleaning the outside of building, erecting scaffolding or felling a tree may do. Hedge trimming and branchage do not, unless controls or signs are needed.
Warwick Vogt, who is senior network operations manager at Infrastructure and Environment, said that illegal roadworks made it far more difficult to plan against disruption.
He said: “We did a survey last year on the road network: 23% of work was non-compliant and 18% had no permit when it needed one, so was illegal. That means 41% of all roadworks did not comply.
“It is difficult to meet the public expectation when there is so much non-compliance.”
Mr Vogt added that the department was targeting illegal roadworks.
“We are now focusing on developing a compliance framework and we are working with Law Drafting Officers to update Article 67 [of the Road Works and Events Law], which refers to fixed penalty notices,” he said.
“I think a lot of it is down to ignorance because we haven’t had the teeth in the past to act. We cannot sanction a person or firm which doesn’t have a permit.
“The bigger contractors know what they need to do but smaller firms, such as stonemasons or tree surgeons, will either not understand the law or go ahead because they know there’ll be no repercussions.
“We cannot prosecute, and the Attorney General has been reluctant in the past because there is no case law. We are now looking to improve compliance, which will allow us to plan better and control activity on the network.”
Mr Vogt also explained why there was a lot of roadworks around the Island at the moment.
He said: “There is a lot more traffic on our roads and also the utilities’ infrastructure has also degraded over the years. We have the JEC moving to net zero, Jersey Water and JT upgrading their networks and IEG carrying out emergency work.
“It disrupts planning and coordination dramatically.
“For example, emergency work to repair the void under Rouge Bouillon meant we had to close the road until May, which had a knock-on effect on other work.
“The current work in Rue es Picot in Trinity was also supposed to happen earlier but we had to wait for IEG works there.”
Mr Vogt added that, as a result, the department is faced with backlogs, pressure from utilities, issues with aging infrastructure and a need to meet public expectations of road quality.
“When we plan to reduce traffic and restrict routes, we have to balance that against the needs of businesses. We have a duty to keep the impact to a minimum and make sure the traffic flow is efficient,” he said. “If works are near a school we try to make sure it is more acceptable and efficient for the general public. We used to have more seasonal route restrictions, for instance in Gorey when there were a lot more hotels there.
“Today, we have systems and policies in place around peak-time restrictions. 80% of all permitted, approved work is off-peak; that is the benchmark we work to.
“We have to balance the summer work around schools because we obviously don’t want to disrupt during term time.
“In the past, peak times were easier to define but on certain routes, such as the ring road, it is a lot more blended now. Also, peak times will be very different around a school than other places around the Island.”
