Road Works (Supervisors and Operatives) (Jersey) Order 2018

Made                                                                    21st December 2018

Coming into force                                                       1st August 2019

THE MINISTER FOR INFRASTRUCTURE, in pursuance of Article 26 of the Road Works and Events (Jersey) Law 2016[1], orders as follows –

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[2];

“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.

Deputy K.C. Lewis of St. Saviour

Minister for Infrastructure

 

 


 



[1]                                    chapter 25.600

[2]                                    chapter 25.600


Page Last Updated: 03 Jan 2019