Stoke enters risky waters on maintenance

09/10/2019 | DOMINIC BROWNE

City of Stoke-on-Trent Council is the latest highway authority to agree a new maintenance policy, which will delay defect repairs and has been linked to funding as well as updated risk management policies.

The controversial decision comes after a cut to the highways budget and risks the council running into legal difficulties by connecting pothole repairs to funding.

Based on legal precedent, councils can not use a lack of funding as a legal defence for failing in their statutory duty to maintain the road network.

However the latest code of practice specifically highlights financial resources as a factor in developing a new risk-based approach to maintenance.

While the code of practice is not a statutory document, this has led to speculation in the sector that resource constraints might be considered by the courts in defence. Some argue only a test case is likely be able to answer the uncertainty. 

Stoke approved plans to give its repair crews more time to fix defects. Under the new plans, emergency repairs will have to be completed in four hours, not two, and potholes posing a safety risk can be fixed within seven days instead of the next working day.

Workers will have 45 days to fix potholes in high traffic areas rather than the current 10 days.

Council papers recommending the move said: 'At present, the City Council’s current Highway Inspection Manual is not fully compliant with the latest code of practice, and deliverable with resources and funding that is currently available.

This is also increasing the City Council’s liability associated with insurance risk and has the potential to increase costs through a rise in insurance premiums and our repudiation rate.

'The implementation of the Highway Maintenance Policy will improve the balance between affordability and resource, mitigate insurance risk, and allow customer expectations to be managed by setting achievable and realistic timescales.'

Daniel Jellyman, City of Stoke-on-Trent Council cabinet member for regeneration, transport and heritage, told BBC radio Stoke: 'The way to fix potholes quickly is to put more money into the service. We put £6.5m into the service in 2018-2019. It has come down this year which is why there is a delay in getting potholes fixed and a drop off in resurfacing, but we will be ramping that up. We have had an election and I stood on a manifesto of spending £20m in highways. I know the coalition is behind that and we will push that through.

'It is not a target about time, it is a policy to manage risk. The old policy was written 19 years ago. Neighbouring authorities have the same policy as the one we are introducing now. Staffordshire has the same policy. So it brings Stoke in line with neighbouring authorities. It does not impact on the time as the time is dictated by the amount of money you put into the service.'

Road safety campaigner Mr Pothole, AKA Mark Morrell, told BBC radio: 'There is not a defence in law in really for not maintaining roads in terms of funding. If you are not spending money on maintaining roads and you are increasingly the likelihood of injuries then I don't think you are managing your network properly but I do have sympathy for them.'

Stoke's new policy:

'The level of risk will be determined on site by the Highway Safety Inspector taking into consideration the severity of the defect, the location of the defect, and the potential consequence should an incident occur. These defects will be split into three sub-categories and a risk matrix will be used determine to the timescale of repair:

1) Emergency Defects: Those defects that pose an imminent and significant risk to the public. The authority will aim to make these defects safe within 4 hours

2) Urgent Defects: Those defects that pose a safety risk to the public. The authority will aim to repair or make safe these defects within 7 days.

3) Responsive Defects: Defects in locations where there is a medium to high traffic/footfall. The Authority will aim to repair these defects within 45 days.

4) All other defects: Defects in locations where there are low to medium levels traffic/footfall. The Authority will aim to repair these defects within 90 days.

Highways InProfile

latest magazine issue
Highways jobs

Street Lighting Project Engineer

PO2 - £41,442 to £44,331
Help us keep our streets safe, efficient and ready for the future Greenwich, London (Greater)
Recruiter: Royal Borough of Greenwich

Principal Engineer - Highways Development Management

£47,181.00 - £50,269.00, Grade 11, 37 hours, Permanent
We are seeking a dedicated Principal Highways Development Management Engineer to join our team. Wakefield, West Yorkshire
Recruiter: Wakefield Council

Highways Development Management Engineer

£32,061.00 - £46,142.00, Career Grade 7-10, 37 hours, Permanent
Do you want to join a team helping to shape the future of Wakefield through HIghways Development Management? Wakefield, West Yorkshire
Recruiter: Wakefield Council

Highways Project Engineer

£31,537 - £42,839 per annum
Would you like to be part of our friendly, welcoming Highways team, proud to manage all aspects of the highway network? Boroughbridge, York
Recruiter: North Yorkshire Council

Highways Project Engineer

£31,537 - £42,839 per annum
Would you like to be part of our friendly, welcoming Highways team, proud to manage all aspects of the highway network? Skipton, North Yorkshire
Recruiter: North Yorkshire Council

Technician - Highway Inspector

Grade 8 £29,719 - £31,691 per annum
Within the Highways Maintenance Team we are looking for an enthusiastic, customer focused and experienced person Derbyshire
Recruiter: Derbyshire County Council

Highway Design and Construction Manager

Grade N, scp50 £62,443 to scp53 £65,663 per annum, plus essential car user allowance
We embrace AI to enhance our operations and to innovate our services. Bolton, Greater Manchester
Recruiter: Bolton Council

Technician - Highway Inspector

Grade 8 £29,719 - £31,691 per annum
At Derbyshire, we have been on a journey to transform the way we deliver highway services. Derbyshire
Recruiter: Derbyshire County Council

Team Leader (Maintenance Operations)

Grade 10 - £48,226 - £51,356
Cardiff is growing faster than any other capital city in Europe. Cardiff (Caerdydd)
Recruiter: Cardiff Council

Highways Supervisor

£Competitive
We have a fantastic opportunity for a permanent Highways Supervisor Forfar, Angus
Recruiter: Amey

Tree Surveyor

£Competitive
We are excited to offer fantastic opportunities for Permanent Tree Surveyors Scotland
Recruiter: Amey

Chief Operating Officer – South West Wales Corporate Joint Committee

£Competitive
We’re looking for a bold, visionary leader to take on the role of Chief Operating Officer Carmarthenshire (Sir Gaerfyrddin)
Recruiter: Carmarthenshire County Council

Clerk of Works - Highways

£Competitive
We have a fantastic opportunity for a Clerk of Works to join our dynamic NMC SW Account team at Polmadie. Glasgow, Glasgow City
Recruiter: Amey

Highways Supervisor

£Competitive
We have a fantastic opportunity for a permanent Highways Supervisor to join our NMC NE account in Kinross. Perth and Kinross
Recruiter: Amey

Planner - Highways

£Competitive
We have a fantastic opportunity for Permanent Planner – Highways to join our NMC SW Account. Glasgow City
Recruiter: Amey

Highways Maintenance Manager

£51,356 - £55,539 per annum
We are looking for an experienced Engineer to join the team as a Highways Maintenance Manager Selby, North Yorkshire
Recruiter: North Yorkshire Council

Highways Maintenance Manager

£51,356- £55,539 per annum
We are looking for an experienced Engineer to join the team as a Highways Maintenance Manager Brompton on Swale, Richmond
Recruiter: North Yorkshire Council

Permit Officer - Internal works promoter - WMF2244e

£34,434 - £35,412
The streetworks Permit Officer role within the highways service Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Highways Development Management Engineer

£41,816 - £45,175
You will be based in the Highways Development Team and work closely with colleagues across the wider transport service. Northamptonshire
Recruiter: West Northamptonshire Council

Transport Project Officer

£34,203 - £37,067
We are seeking an enthusiastic and motivated project officer to work in our Highways and Transport Service. Northamptonshire
Recruiter: West Northamptonshire Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW