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Traffic Management Plans and Written Approval for Works in a Thoroughfare

 Any party who undertakes work on a road that is open to traffic, by law has a “duty of care” under the Occupational Health and Safety Act to take all steps that are reasonably necessary to prevent any person being injured or damage being caused to the property of others while carrying out those works. The Occupational Health and Safety Act specifically requires;
• An employer to provide a safe workplace for its employees and
• Any person in control of a workplace, to take measures to ensure persons who have access to that workplace are not exposed to hazards.
(Extract from the Main Roads Code of Practice – Traffic Management for Works on Roads)

Additionally, under the City of Nedlands’ Thoroughfares Local Law, written approval is required for works that require the obstruction or part obstruction of the thoroughfare and written approval is also required to crane or hoist any object over a thoroughfare.
What this means is that any contractor undertaking works on a City Of Nedlands road or is working from the road, such as craning a pool to a private property with the truck or crane on the road, has this duty of care for workers and road users.  In each case written approval to undertake works in a thoroughfare is required.  This duty of care also extends to those managing events on roads. 

The Main Roads WA (MRWA) Code of Practice (CoP) ‘Traffic Management for Works on Roads’ details the steps that need to be taken in order to meet these requirements. 

A Traffic Management Plan (TMP) must be obtained by the contractor from an accredited Traffic Management companies and a list of accredited Traffic Management companies can be found on Main Roads’ website ‘List of Registered Companies - 05-11-2015’

Once a Traffic Management Plan is received, The City of Nedlands assesses that the TMP conforms to the MRWA Code of Practice and if approved, written approval is issued. 

 

FEES & CHARGES

From 1 January 2017 the City will be enforcing payment for the assessment of Traffic Management Plans as per the City's adopted annual fees and charges.  These can be found here.

Traffic Management Plans generally take 10 working days to assess: this can increase with more complex TMP’s.

Potential consequences if a Traffic Management Plan and written approval is not in place;
• A Stop Work Notice will be given; and/or
• Up to a maximum $5000 fine for every offence under the Thoroughfares Local Law.

 

Examples (but not limited to) of when a TMP and written approval may be required:

Example 1

I have obtained nature strip development approval from the City to develop my verge/nature strip.  I am undertaking the work myself but am not employing any contractors.  I do not require a Traffic Management Plan as long as there is no obstruction to either a footpath or a carriageway (including laneways).

Example 2

I have obtained nature strip development approval from the City to develop my verge/nature strip.  I am employing contractor/s to complete the works.  As the works are to take place partially within the road reserve, the contractor will require a Traffic Management Plan which they will be responsible for obtaining from an accredited Traffic Management company.  The contactor is responsible for submitting the TMP to the City for approval which if approved forms the written approval.  I understand that when implementing the works they must fully comply with the approved TMP.

Example 3

I am a pool installation contractor and I am hoisting from the road reserve into private property.  It is my responsibility to contact an accredited Traffic Management company to obtain a suitable Traffic Management Plan.  The Traffic Management Plan is submitted to the City, which if approved forms the written approval.  I understand that when implementing the works they must fully comply with the approved TMP.

Example 4

I am a pool installation contractor and am able to accommodate all vehicles including cranes and trucks in private property.  I will not require a Traffic Management Plan or permit as all works will be fully contained within the private property and I have the property owners’ permission.  I am aware that should any activity take place in the road reserve without an approved TMP or written approval I may be liable for prosecution.

Example 5

I am conducting construction works and a construction vehicle (for example concrete pump) will be parked in a laneway blocking access temporarily.  It is my responsibility to contact an accredited Traffic Management company to obtain a suitable Traffic Management Plan.  The Traffic Management Plan is submitted to the City, which if approved forms the written approval.  I understand that when implementing the works they must fully comply with the approved TMP.