Scottish Government

ISBN 0 7559 2643 9 (Web only publication)

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CONTENTS

Covering Letter
1.0 INTRODUCTION
2.0 LEGISLATION
2.1 Applying for a TTRO - Where to Seek Advice and Make Application
2.2 Notice Required
2.3 Consultation and Notification
2.4 Restrictions
3.0 RESPONSIBILITY OF ORGANISERS
3.1 Other Considerations
3.2 Health & Safety Requirements
4.0 SUPPORTING INFORMATION REQUIRED FOR TTRO's
5.0 COSTS

Dear Sir/Madam

GALAS AND EVENTS AFFECTING PUBLIC ROADS - GUIDANCE TO ORGANISERS

Please find enclosed a copy of the above guidance to organisers of Galas and Events affecting public roads.

The guidance has come about through the findings of a Working Group involving Scottish Executive officials, Dumfries and Galloway Police, Dumfries and Galloway Council and Amey Infrastructure Services. It takes cognisance of wider consultation involving the Chief Executives of all Local Authorities in Scotland, the Chief Constables of all Police Forces in Scotland, and organisers of known events involving occupation of public roads.

The purpose of the guidance is to provide advice to organisers of events, particularly those traditional events such as common ridings, riding of the marches, town galas, festive celebrations, military processions and the like to ensure they are properly managed with regard to current traffic levels and public safety concerns. Where the staging of an event interferes with traffic the guidance advises organisers to consult with police and roads authorities at an early stage to ascertain whether a formal road closure will be required. If road closures are deemed necessary, it advises organisers how to apply to the roads authority for a temporary traffic regulation order ( TTRO), under the 'Road Traffic Regulation (Special Events) Act 1994. It also contains advice to organisers on what measures they will be expected to put in place, and what information they will be expected to provide.

This guidance note has been placed on the Scottish Executive website - www.scotland.gov.uk Further copies can be obtained from Roads Policy and Group Finance Division, Scottish Executive Enterprise Transport and Lifelong Learning Department, Victoria Quay, Edinburgh, EH6 6QQ or by telephoning 0131 244 0838.

If you have any queries on the technical aspect of this guidance, please contact Malcolm Wilson ( malcolm.wilson@scotland.gsi.gov.uk) or telephone 0131 244 0244.

Yours faithfully
ANGUS MACINNES

Roads Policy & Traffic Management Branch
Enterprise, Transport & Lifelong Learning Department

GALAS AND EVENTS AFFECTING PUBLIC ROADS
GUIDANCE TO ORGANISERS

1.0 INTRODUCTION

Many towns and villages in Scotland traditionally host a variety of events that are part of the historic culture of the area. Over the years, common ridings, riding of the marches, town galas, festive celebrations, military processions and other similar events have been held often involving the whole community and affecting a great part of the towns' fabric, including the main streets and major routes in and out of the towns. The Scottish Executive recognises the importance and value of these historic events and this guidance document offers advice to ensure they are properly managed with regard to current traffic levels and public safety concerns.

Where the staging of an event interferes with traffic on public roads this can be controlled in one of two ways. The practice that has often been followed for a number of years involves the police at a local level assisting to close off roads, control traffic, and generally ensure the safety of the public for the duration of the event. This has been done on an informal basis without the backing of official orders made under the legislative powers bestowed on roads authorities. With the pressures of the increasing traffic demand over the years, and increasing risks to public safety, it may not be appropriate to follow these informal practices. In many instances these practices bring into question the legality of the police activity, as exceeding the powers available to them.

Where the police do not consider it appropriate to halt traffic under these informal practices, a temporary traffic regulation order ( TTRO) can be promoted on behalf of the event organiser by a roads authority to effect road closures and control the movement of traffic. This can be done by virtue of legislation contained in the 'Road Traffic Regulation (Special Events) Act 1994 which was specifically introduced for this purpose.

The decision on the most appropriate method of controlling traffic or effecting road closures will be based on a number of factors including the physical extent and duration of the interruption to traffic flow and the volume and nature of traffic affected. Event organisers should discuss their requirements with the police and roads authorities at an early stage to ascertain whether a formal TTRO will be required

This guidance document has been prepared by the Scottish Executive's Network Management Division, in partnership with local authorities, police forces, and event organisers. The document provides guidance to Organisers on how to apply for temporary road closures, what measures they will be expected to put in place, and what information they will be expected to provide.

2.0 LEGISLATION

Traffic may be held up for short periods for events such as a march, or a moving procession. These can be controlled under police powers, providing there will be limited traffic disruption. The Civic Government (Scotland) Act 1982 Part V - Public Procession sets out statutory provisions for the application and provision of notice from event organisers to their local authority for permission to hold such events.

Temporary road closures for any other event are empowered by a Temporary Traffic Regulation Order made under Section 16A of the Road Traffic Regulation Act 1984. Sections 16A, 16B and 16C, inserted by virtue of the Road Traffic Regulation (Special Events) Act 1994 "make provision, in connection with sporting or social events held on roads or entertainments so held, for the restriction or regulation of traffic on roads; and for connected purposes."

2.1 Applying for a TTRO - Where to Seek Advice and Make Application

There are a number of parties involved in the consideration of an application for a temporary closure of a road for the purpose of hosting an event:

The Roads Authority - The Roads Authority is the authority responsible under the Roads (Scotland) Act 1984 for the management and maintenance of the road. If the road in question is a local road the local roads authority is the Council in whose area the road lies. If the road in question is a trunk road the trunk roads authority is the Scottish Ministers. It is roads authorities that are empowered by the Road Traffic Regulation (Special Events) Act 1994to raise and promote orders for the temporary closure of roads.

The Scottish Executive - The Scottish Executive execute the Scottish Minister's responsibilities as trunk roads authority.

The Operating Company - The management and maintenance of the trunk road network is contracted by the Scottish Executive. The companies currently holding contracts are BEAR Scotland Limited for the North East and North West Units and Amey Highways Limited for the South East and South West Units. The operating companies will advise the Scottish Executive and liaise with other bodies on the impact of a requested closure on a trunk road, considerations for alternative routes and traffic management, and the co-ordination of other activities on the trunk road network.

The Police - The police will advise on whether they consider the event can be managed under police powers, or whether a formal closure is necessary. The police will consider traffic safety and traffic management implications of a requested closure but also have further interest in the general public safety and maintenance of public order. The police are able to offer advice on undertaking risk assessments to identify and manage the hazards.

The Local Authority (or Council) - The roads division of the local authority will consider implications of a requested closure on their local road network. The local authority may have further interest in such events through its community services functions. A number of local authorities have established multi agency forums to manage and organise major events within their area and this type of approach can develop clear understanding and expertise of the issues involved. Local authorities can offer advice on the Health and Safety requirements an organiser is required to comply with, and can offer advice on undertaking risk assessments.

Organisers of an event may seek initial advice from the police as to whether the event can be managed under police powers or whether a formal closure will be required. If a formal closure is necessary the Organisers will be required to make application, in the majority of cases, to the local authority with details of the event and supporting information.

In the majority of cases the Temporary Traffic Regulation Order made under Section 16A of the Act will be promoted by the local roads authority. The local roads authority can also make such Orders where a trunk road is affected, with the permission of Scottish Executive. In a minority of cases an event may affect only a trunk road and no local roads. In such circumstances the Scottish Executive will be responsible for the promotion of the Temporary Traffic Regulation Order.

2.2 Notice Required

When applying for permission to hold a march or procession a minimum 7 day statutory notice period is required. However, to fully consider the implications of a request for a temporary closure of roads, a greater notice period is necessary. Organisers should allow a minimum of 12 weeks Notice from submission of a written application with full supporting information, to allow full consultation to take place with other interested parties, advertising and notification, before an Order is to come into effect.

2.3 Consultation and Notification

There are no Regulations prescribing the advertising and consultation process to the making of orders under the Roads Traffic Regulation (Special Events) Act 1994 and local roads authorities, when promoting a temporary closure of a road, will follow their own procedures. Once an application with full supporting information is received the roads authority will consult with interested parties which may include:

• Police and other emergency services
• Other local roads authorities
• The Scottish Executive as trunk roads authority
• The Operating Company responsible for managing and maintaining the trunk road network
• Operators of Public Service Vehicles, and the Traffic Commissioners
• Utilities Undertakers

Public Notification of the proposed closure will normally be given by publication of a notice in at least one local paper. The Notice will carry the following details:

• The Roads Authority making the Order
• The title of the Order
• The name of the event and name and address of the Organiser
• A statement of the effect of the Order including names and description of roads affected
• A statement to the effect that pedestrian access to premises will not be affected
• The date and times the Order will come into effect, and the maximum duration.
• Where applicable a description of the alternative routes available to traffic.

2.4 Restrictions

The Road Traffic Regulation (Special Events) Act 1994 contains certain requirements and restrictions:

s.16A (3) requires the roads authority to be satisfied that it is not reasonably practicable for the event to be held otherwise than on a road.

s.16A (6) states that a local roads authority can include a trunk road within an order affecting its local roads, with the consent of the Scottish Executive.

s.16B (1) and further subclauses relate to the planned or eventual duration of the closure, and restrict it to 3 days unless the order has been made by the Scottish Executive or has the Scottish Executive's consent to a longer duration.

s.16B (6) restricts orders to 1 per calendar year for any section of road unless the order has been made by the Scottish Executive or is made with the consent of the Scottish Executive.

The Scottish Executive recognises the local roads authority is best placed to consider the value of a proposed event to the local community, and therefore best placed to raise the necessary order. The value of historic events is recognised by both local authorities and the Scottish Executive and while there is a need to minimise disruption to road networks and minimise danger to the public and road users, the traditional format of valued historic events can be given due cognisance.

The Scottish Executive's consent under these subclauses will not be unreasonably withheld. The consent relates to the making of an order, not the order itself, and the process thereof need not be protracted.

3.0 RESPONSIBILITY OF ORGANISERS

While roads authorities have a general duty of care for the safety of road users, an Organiser of an event has a duty of care under The Occupiers Liability (Scotland) Act 1960 to ensure the safety of all those engaged in or spectating at the event . Organisers should consider their liability to third parties in respect of injury to participants, spectators, and anyone put at risk by the holding of the event, and are advised to arrange public liability insurance. Organisers will also be required to arrange public liability insurance in order to keep the trunk and local roads authorities and their operating companies fully indemnified against claims.

It is a public duty of all roads authorities to maintain their road networks open and in a safe condition. Trunk Roads, in particular, are primarily provided for the safe and expeditious movement of long distance traffic. The Organisers will therefore be required to keep disruption to traffic to a minimum. Organisers are expected to maintain the priority towards trunk roads, and where feasible, utilise off road sites or the local road network as far as possible for hosting the event in order to minimise the impact on the trunk road network.

3.1 Other Considerations

Any work to be carried out within the boundary of a road requires to be approved by the local roads authority, or in the case of a trunk road, the operating companies appointed by the Scottish Executive.

The Organisers will be responsible for gaining prior approval from the Roads Authorities and their agents for the design of signing, barriers, coning etc necessary to implement the closures, and will also be responsible for ensuring their placement and removal is carried out to their approval. The Organisers will be required to liaise with the above bodies at each stage of their design, placement, and removal.

The Organisers will be required to consult directly with the Police with regard to the overall safety and organisation of the event and any possible need for Police attendance to maintain public order. Guidance should be sought from the relevant Police Force.

3.2 Health & Safety Requirements

Organisers of events, whether they act as employers or not, have certain legal health and safety obligations under the Health and Safety at Work etc Act 1974 and specifically they have a duty under the Management of Health and Safety at Work Regulations 1999 to carry out risk assessments. These assessments should determine any additional control measures necessary to avoid risk or reduce risk to acceptable levels. There is a separate legal requirement to carry compulsory employers' liability insurance.

The Health and Safety Executive has published guidance on public events in a document entitled 'The Event Safety Guide' A Guide to Health, Safety and Welfare at Music and Similar Events HSG195 1999 published by HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA ISBN 0-7176-2453-6.

Additionally Health and Safety advice, and advice on the formulation of risk assessments is often available from the local authorities and the police.

4.0 SUPPORTING INFORMATION REQUIRED FOR TTRO's

The Organisers of an event, when applying for a temporary traffic regulation order and when seeking approval for works affecting the Trunk or Local Roads Networks, will be required to provide relevant supporting information. As a guide the Organisers should give due consideration to the following. The list is not exhaustive and further information may be required by the Police to ensure public safety is adequately planned for.

1. Organisers name address and other contact details
2. Event Details, programme, expected number of participants / spectators, etc.
3. Date(s) to be held
4. Roads affected, time and duration of requested closure.
5. Organisation effecting closures, providing temporary signing etc.
6. Description of Alternative routes.
7. Evidence of Insurance and Indemnification.
8. Method Statements covering:

1. Contingency plans for the passage of emergency vehicles.

2. (Any Temporary Traffic Regulation Order made under Section 16A of the Road Traffic Regulation Act 1984 will carry exemptions with respect to emergency vehicles or anything done under the direction of a police constable.)

3. Risk Assessments identifying hazards to people and those at risk; evaluating risks and identifying appropriate controls to reduce the risk to acceptable levels.

1. Other relevant information, which may include:

5.0 COSTS

This document does not seek to regulate when or at what level organisers may be recharged for costs associated with the promotion and implementation of a road closure. The document serves only as an advice note to organisers so that they may be aware that they may be expected to meet certain costs.

5.1 Making of Orders

There are administration and advertising costs associated with the making of an order under section 16A of the Road Traffic Regulation (Special Events) Act 1994. It is for each local authority to determine if and under what circumstances they will either recharge or waive all or part of these costs. Typical circumstances for reducing or waiving costs may be where the event is either community led, is non profit making, or relies on charitable donations and sponsorship.

5.2 Implementation of Traffic Management

There are also costs associated with traffic management which may include the placing of advance information signs, placing of cones and barriers, signing of alternative routes, and direction signing for car parking and the management of the event. Organisers may wish to arrange for the local authority to carry out all necessary traffic management arrangements on their behalf. In such an instance it is for each local roads authority to determine if and under what circumstances they will either recharge or waive all or part of these costs for carrying out this work. Typical circumstances for reducing or waiving costs may be where the event is either community led, is non profit making, or relies on charitable donations and sponsorship. Alternatively the Organiser may wish to appoint a suitable contractor to implement the traffic management arrangements.