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Traffic Management Plans and Works in a Thoroughfare

Any party who undertakes work on a road open to traffic, by law, has a duty of care under the Occupational Health and Safety Act to take all steps 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.
  • 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. Written approval is also required to use a crane or hoist any object over a thoroughfare.

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 a 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 company. A list of accredited companies can be found on Main Roads WA website (download 'List of Registered Companies’).

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

Fees and charges

From 1 January 2017, the City has enforced 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 but this can increase with more complex TMPs.

Potential consequences if a Traffic Management Plan and written approval is not in place are:

  • A stop-work notice will be given.
  • A fine of up to a maximum of $5,000 for every offence under the Thoroughfares Local Law will be issued.

The following examples highlight when a TMP and written approval may or may not 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 it is 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. When implementing the works, they must fully comply with the approved TMP.

Example 3

I am a pool installation contractor and 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. 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 on private property. I will not require a Traffic Management Plan or permit because all works will be fully contained within the private property and I have the property owner's 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 (eg. a 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. When implementing the works, they must fully comply with the approved TMP.

Documents 
Permit Application - Works in a Thoroughfare

Documents

Permit Application - Works in a Thoroughfare