Infrastructure

Maintenance of utility infrastructure in road reserves

Some problems, it seem, are not new, although it should not be assumed that solutions have been found in the past.  A recent letter to the editor of the UK Daily Telegraph (25 April 2011: letter from Murray Brazier) took up the issue of holes in the road created by utility companies, suggesting that concerns such as those expressed by the UK Local Goverment Association were not new—

“Legislation to control activities of public utility companies on the public highways was not enacted until the Public Utilities Street Works Act of 1950.  This was no real remedy, due in part to the varying specifications of highway authorites.

In the 1980s, Professor Michael Horne’s report set down a system of how, why, when and where reinstatement of openings made in the public highways should be made.  There were many public meetings betwen highway authorities and public utilities but to no real avail. Another Act was passed in 1981, with no resolution of the problem.”

We note the writer’s use of the term “public utilities”.  Our comment is that many entities which seek to make use of road reserves are not publicly owned and are seeking to provide commercial services to customers.  The proliferation of entities seeking to use this land suggests that the problem has become more complex than it was 60 years ago, and may require a more nuanced approach than is found in much legislation.

Road encroachments — an ongoing issue

Correspondent Murray Brazier was, of course, quite correct: problems associated with road administration are not new.  Road encroachments were a problem in ancient Nineveh, it seems.  A steleNineveh stele  (inscriped stone marker) on display at the Istanbul Archeological Museum shows that the problem was encountered four millenia ago.  The approach taken by the King of Nineveh, although simple, was rather more drastic than would be acceptable today — the relevant part of the stele (photograph on the right) reads:

“In days to come, that there might be no narrowing of the royal road, I [therefore] had stelae made which stand facing each other. Fifty two great cubits I measured the width of the royal road, up to the Park Gates.

If ever [any of] the people who dwell in that city demolishes his old house and builds a new one, and the foundation of the new house encroaches upon the royal road, they shall hang him upon a stake over his house”.

Today, we feel, an infringement notice, and possibly – with proper notice – removal of the offending structure, is an appropriate response to road encroachment: hanging home owners on a stake over their houses seems to be excessive.  We cannot comment on whether a width of 52 great cubits is appropriate for a road carriageway, or a road reserve, or either.

Road administration: identifying the stakeholders

Many road administration decisions should (or must!) be made after the decision-maker has consulted with stakeholders.  Stakeholders are people, organisations and groups who will be specially affected by the decision.  Different decisions will affect different people, so it is not possible to identify stakeholders unless the nature of the decision to be made is also known.

The potential list of stakeholders for a road administration decision is large, due to diversity in the uses made of road.  Some, but not all, of these are transport uses.  It is not hard to understand why roads are used for a variety of purposes.  Roads are easily accessible and are mostly in public ownership and control, so it can be relatively cheap and easy to place infrastructure on roads and to maintain it.  Roads are frequented by the public, so uses (such as commercial uses) which benefit from public participation are attracted to roads.  Roads are linear, so some uses, such as railway services along rail lines, unavoidably intersect with roads, at which point (for example, at railway crossings) there are two distinct uses of the one area of land.

A full discussion of these issues is to be found in a paper presented by Campbell Duncan to the 2010 World Conference on Transport Research in Lisbon.  The paper has been published in the Selected Proceedings of the Conference.

A tabulation of road uses

We don’t claim that this is comprehensive ... and we welcome suggestions for improvements.  With those disclaimers, we offer the following tabulation of road uses:

Use

Examples

Comment

Transport uses
Travel from one place to another (the primary purpose of a road)

Local transport

Pedestrian activity

People walking to work, shops or to catch a bus.

Pedestrian activity includes sitting, for example waiting for a bus.

Bicycle movement

Riding to work or school, bicycle riding for exercise.

There is considerable disparity between the socio-economic circumstances of these groups.

Movement with disability aids

Wheel chairs, walking frames, “seeing eye” dogs.

These movements are likely to have design implications for footpaths and road crossings.

Motorised local private transport

Cars, motor cycles, small buses, trams.

These movements require use of the carriageway.  They generate demand for parking space.

Motorised local public transport

Buses, trams.

 

Other transport

Non-motorised transport

Horse-drawn public transport vehicles

Animal-based transport is characteristically slow-moving.

Private transport by motor vehicle

Cars, motor cycles

These uses in an urban area are sometimes discouraged (for example by a congestion tax) or made subject to a public transport priority principle of road administration.

Public transport using motorised vehicle

Buses, trams, taxis.

This use generates pedestrian activity, particularly at designated stops or taxi ranks.

Movement of agricultural machinery or animals

Specialised agricultural equipment (ploughs, hopper bins) moving from one part of a farm to another, cows going to be milked.

Slow moving, inconsistent with high speed traffic.

The timing is associated with the needs of primary (agricultural) industry, for example cows going to be milked twice daily.
For movements such as these the road is sometimes an impediment to industrial activity – all the more so if the road has restricted access.

Transport by small to medium size vehicles

Small vans

Often used for deliveries, making frequent brief stops.

Transport by large vehicles

Multi-axle articulated vehicles, trucks adapted for carrying containers.

Often long distance, and sometimes inter-district or international, journeys.

Railway uses

Railway level crossing, underground station, overhead railway

Railway uses are, for a road authority, similar to utility uses – but with one difference: like roads, they are part of a transportation network.  There can be interconnection issues at railway stations.

Ancillary uses
Uses associated with transport uses

Roadside trading

Itinerant trading with wheeled cart, trading from makeshift stalls on footpath, petrol (gas) stations.

Traders are attracted by the presence of road users.
Generally established without legal authority.

Parking

On street vehicle parking, motor cycles parked on footpaths.

In developing countries there is often a parking attendant at each parking area.  In developed countries parking is regulated by signs and meters, with associated law enforcement.

Rest for drivers

Road side rest areas, side of carriage way parking.

Driver rest is considered desirable for safety reasons (to minimise driver fatigue on longer journeys).  There can be associated commercial agreements – for example, allowing a food vendor to operate within the rest area.

Fund raising

Begging, charity collections.

Regulation of fund raising activity has at least two possible objectives: road safety and prevention of fraud.

Law enforcement activity

Police patrols, traffic direction, parking supervision.

This use can extend to stopping of traffic, for example to check vehicle mass and dimensions or driver sobriety.

Spillover uses
Uses associated with use of abutting land

Extension of use of abutting land

Buildings intruding onto roads

Some jurisdictions respond to this by using a “controlled area” concept.

Uses designed for roads but serving functions related to abutting land

Restaurant tables, modified sidewalk areas used for hotel access.

These uses are often designed to benefit from passing trade, and can interfere with pedestrian movement.

Road manager and utility uses
Provision of services by utilities and road managers

Installation and routine maintenance of road and utility infrastructure

Installation of telecommunications cables, replacement of old water pipes, road surface repairs.

Co-ordination obligations applying to utilities should equally apply to road managers.

Emergency repairs to road and utility infrastructure

Burst water pipe, pole damaged by motor vehicle collision

This work requires specialised labour, and can arise at any time with no warning.   It cannot be programmed, and is potentially disruptive to other uses.

Public space uses
Uses associated with the land being physically available for uses which require space

Makeshift accommodation

Shanty accommodation.

This mainly occurs in developing countries.

Temporary assembly

Public entertainments, assembly after a building fire drill, political gatherings.

Large stationary crowds, potentially interfering with traffic.  Some assemblies are illegal in some countries, or require permits.

Flora preservation

The road side area on rural roads can provide a suitable environment for preservation of remnant native vegetation.

Land has these characteristics in low population rural locations.  This use may require environmental protection, and may raise land management issues, including fire management.

Cattle agistment

Cattle can feed on grass on road side areas.

Land has these characteristics in low population rural locations.  This use gives the name “the long paddock” in Australia, referring to the practice of moving cattle slowly from one place to another for the purpose of feeding.

Fire control

Use of road as a fire break (so that a fire does not cross from one side to the other).

This use is possibly inconsistent with the flora preservation objective (if vegetation must be removed to stop the spread of fire).

Use of air space

Buildings occupying airspace above roads, railway over-bridges

These uses sometimes occur under agreements, sometimes they are unlawful encroachments.  This can also be a spillover use (for example, overhanging vegetation from a neighbouring property, overhanging buildings).