Road Works
(Supervisors and Operatives) (Jersey) Order 2018
1 Interpretation
In this Order –
“Jersey road works safety identity card” means a card
which –
(a) is
issued by a body approved by the Minister for the purpose of this Order; and
(b) shows
that the holder of the card is registered as a supervisor or operative by that
body;
“Lantra” means the body responsible for developing training
and qualifications and which is accredited by the British Standards Institution
for ISO 9001:2008 and ISMS 27001:2013 for Skills +;
“Lantra skills registration card” means a card issued by
Lantra showing that the holder of the card is a registered lead traffic
management operative or registered traffic management operative under the
“National Highway Sector Schemes for Quality Management in Highway Works,
12D for installing, maintaining and removing temporary traffic management on
rural and urban roads” published by the Sector Scheme Advisory Committee
on the UKAS website;
“Law” means the Road Works and Events (Jersey) Law 2016;
“Sector Scheme Advisory Committee” means the Sector
Scheme Advisory Committee for Temporary Traffic Management on Rural and Urban
Roads which provides advice to UKAS;
“street works identity card” means a card issued by the Scottish
Qualifications Authority showing that the holder of the card is registered on
the Street Works Qualifications Register kept by that Authority under
Regulations made under sections 67 and 104(1) of the New Roads and Street
Works Act 1991 of the United Kingdom;
“UKAS” means the body appointed as the national
accreditation body by the Accreditation Regulations 2009 of the United
Kingdom (S.I. No. 3155/2009).
2 Qualification
requirements for supervisors and operatives
(1) A qualified supervisor
who is supervising an activity described in paragraph (3) or a trained
operative who is present whilst such an activity is taking place, must each be
in possession of a street works identity card showing that he or she is
qualified as a supervisor or operative, as the case may be, in respect of that
particular activity.
(2) A qualified supervisor
who is supervising an activity described in paragraph (4) or a trained
operative who is present whilst such an activity is taking place, must each be
in possession of any of the following showing that he or she is qualified as a
supervisor or operative, as the case may be, in respect of that particular
activity –
(a) a
street works identity card;
(b) a
Jersey road works safety identity card;
(c) a
Lantra skills registration card.
(3) An activity for the
purposes of paragraph (1) is –
(a) in
the case of undertaker works, any of the following –
(i) breaking up or
excavating or otherwise disturbing the surface of a road,
(ii) excavating,
trenching or otherwise disturbing any sewer, drain or tunnel under a road,
(iii) tunnelling
or boring under a road,
(iv) reinstatement
or making good works;
(b) in
the case of highway authority works, any of the following in relation to a
road –
(i) construction or
reconstruction;
(ii) resurfacing;
(iii) alteration
of the surface level or width.
(4) An activity for the purposes
of paragraph (2) is –
(a) in
the case of undertaker works, any activity other than an activity described in
paragraph (3)(a) or in Article 7(a)(i) of the Law (inspecting
apparatus);
(b) in
the case of highway authority works, any activity other than an activity
described in paragraph (3)(b);
(c) in
the case of specified road works, any of the following –
(i) operating a
mobile crane in a road,
(ii) constructing
road side stabilisation works,
(iii) placing
or removing scaffolding on or from a road (excluding mobile scaffolding),
(iv) cleaning
the exterior of premises (other than domestic premises),
(v) constructing or
repairing a wall on the side of a road,
(vi) tree
felling, not including hedge trimming and branchage.
(5) For the purposes of paragraph (4)(c) –
(a) a
person contracted to carry out the specified road works on behalf of another
person is regarded as carrying out road works despite anything in Article 1(2)
of the Law to the contrary; and
(b) where
it is impractical for a qualified supervisor and trained operative to be
different individuals having regard to the number of persons working for the
contractor or other person carrying out the road works, a qualified supervisor
and trained operative may be the same individual.
3 Qualifications
for supervisors where portable traffic lights used
(1) In the case of any road
works which fall within Article 2(3) or (4) and which require the use of
portable traffic lights, a qualified supervisor must be in possession of a
Jersey portable traffic lights identity card.
(2) In paragraph (1),
“Jersey portable traffic lights identity card” means a card
which –
(a) is
issued by a body approved by the Minister for the purpose of this Order; and
(b) shows
that the holder of the card is registered as a supervisor by that body in
respect of the operation of portable traffic lights.
4 Citation
and commencement
This Order may be cited as the Road Works (Supervisors and
Operatives) (Jersey) Order 2018 and comes into force on 1st
August 2019.