Virgin Media and unsafe McNicholas fined for unsafe working practices
4 Jun 2014 12:36 PM
Virgin Media and
contractor McNicholas fined for unsafe working practices causing danger and
delays to London’s road user
- Transport for London (TfL)
successfully prosecutes utility company for causing danger to London’s
road users and breaching permit conditions
- Virgin Media and McNicholas made
to pay more than £11,000 after pleading guilty to all three offences
Transport for London (TfL) has
yet again successfully defended the rights of all of London’s road users
from unsafe working and unnecessary delays and disruption caused by utility
companies.
On 21 May 2014, Westminster
Magistrate's Court fined Virgin Media and its contractor McNicholas over
£6,500 following a guilty plea to three offences on Chertsey Road in the
London Borough of Richmond.
The seriousness of the offences
led the court to issue the maximum possible fines. As well as the maximum fine,
Virgin Media and McNicholas were made to pay the legal costs of £5,040,
bringing the total to £11,705.
Virgin Media pleaded guilty to
two offences committed on Chertsey Road, Twickenham in February
2014.
These included carrying out
unsafe working practices and breaching permit conditions, namely excavating the
entire width of Chertsey Road. Virgin Media’s contractor, McNicholas,
also pleaded guilty to a breach of permit conditions.
In passing sentence the judge
stated she was “…horrified by the sloppiness of the works, and the
danger and severe disruption that they caused’.
It is the latest in a series of
successful prosecutions by TfL as it works to reduce unnecessary roadworks to
improve traffic flow and conditions for all London's road
users.
Earlier this month, TfL
successfully prosecuted Virgin Media for five offences on Croydon Road in the
London Borough of Sutton, including unsafe working practices and permit
breaches.
Leon Daniels, Managing Director
of Surface Transport at TfL, said: “In a frustrating case of
déjà vu, this is the second successful prosecution of Virgin
Media in as many months. Utility companies must ensure that any
disruption caused by roadworks is minimised and the most stringent safety is
upheld. As we have demonstrated time and time again, we will prosecute those
who flout this.”
The prosecution of Virgin Media
is one of a number of ways TfL is improving conditions for all of
London’s road users.
As of April 2013, firms
undertaking work anywhere in London have to apply for a permit before they can
begin digging up the roads thanks to the London Permit Scheme.
London's Lane Rental Scheme,
launched by the Mayor of London and TfL on 11 June 2012, reduces road users
delays by encouraging utility companies to avoid digging up the busiest roads
at peak traffic times.
Since then, there has been over
a 50 per cent reduction in peak-time utility roadworks at traffic hotspots.
TfL is leading the way for works
promoters, including utility companies, by avoiding incurring Lane Rental
charges on 99 per cent of its works undertaken in Lane Rental locations.
Last year, TfL successfully
prosecuted Thames Water for nine road works offences and Cable & Wireless
for one offence of working in breach of permit conditions and causing
significant road disruption as a result.
- The London permit scheme also
enables TfL to monitor the number of roadworks taking place on its roads at any
one time and ensure that they don't exceed the agreed limit. In 2010, the
cap was put in place to reduce the maximum number of works taking place by 20
per cent; the limit has since been further revised to reduce the maximum number
of works by a further 10 per cent. Traffic Police Community Support Officers
(TPCSOs) are also used to clamp down on roadworks that are outside of their
permit
- Londoners can report disruptive
or badly managed roadworks, as well as road defects such as potholes and
damaged footpaths, by visiting https://reportit.tfl.gov.uk. Any enquiries
received will be sent directly to the relevant Highway Authority (TfL or a
London borough) responsible, ensuring that direct and fast action can be
taken
- Since the beginning of the
London Permit Scheme, TfL has issued Virgin Media a total of 323 Fixed Penalty
Notices (FPN) for various streetworks offences
- In October 2013, Transport for
London successfully prosecuted Thames Water for causing unnecessary
disruption. http://www.tfl.gov.uk/info-for/media/press-releases/2013/november/tham
es-water-fined-for-causing-unnecessary-disruption-to-london-road-users
- In April 2014, Transport for
London successfully prosecuted Virgin Media for unsafe working practiceshttp://www.tfl.gov.uk/info-for/media/press-releases/2014/may/virgin-me
dia-fined-for-unsafe-working-practices-causing-danger-to-london-s-road-users