asked Her Majesty's Government:
Whether, in considering works under the New Roads and Street Works Act 1991 and the Traffic Management Act 2004, local authorities have an obligation to take into account the effect on pedestrians. [HL5901]
The New Roads and Street Works Act 1991 states that local traffic authorities have a duty to co-ordinate works on the highway to minimise the inconvenience to persons using the street. The street includes the carriageway and footway.
The Traffic Management Act 2004 introduced a network management duty requiring traffic authorities to secure the expeditious movement of traffic on their road network. The definition of traffic encompasses all road users, requiring the local traffic authority to consider the movement of pedestrians and cyclists, as well as motorised vehicles.
The statutory Safety at Street Works and Road Works Code of Practice states that pedestrians must have a safe unobstructed route, minimum 1 metre width, around any works.