Traffic Management Directorate Operational Policy

Transcription

1 Traffic Management Directorate Operational Policy

2 Document Title Revision History Document Control Version Date Description Author /09/2011 1st draft developments Open Anthony McVay /12/2011 Pre-consultation draft Anthony McVay & Damian Morris /12/2011 Consultation draft Anthony McVay & Damian Morris /01/2012 Consultation draft Anthony McVay & Damian Morris /01/2012 Final consultation draft Anthony McVay & Damian Morris /03/2012 Release version 1 Anthony McVay & Damian Morris Reviewer List Traffic Management Directorate - Operational Policy Author Anthony McVay & Damian Morris Owner Simon Sheldon-Wilson Distribution Distributed (All TMD Staff) Document Status Released v.1 Name Role Version Head of TMD Service Development Reviewer 0.4 Service Development Team Leaders Reviewer 0.4 TMD Director Reviewer 0.4 DfT Legal Reviewer 0.4 Head of Regional Response Centres Reviewer 0.4 & 0.6 Head of On Road East Reviewer 0.4 & 0.7 Head of National Traffic Operations Reviewer 0.6 & 0.7 Team Leader Operational Support Reviewer 0.6 Team Leader Cultural Change Reviewer 0.6 Head of On Road South East Reviewer 0.7 Head of On Road North Reviewer 0.7 Head of Service Delivery Reviewer 0.7 Team Leader National Health and Reviewer 0.7 Safety Prospect John Higgins and Francis Reviewer 0.7 Pearson PCS Paul Foster Reviewer 0.7 TMD - AfZ Programme Review Team Reviewer 0.7 Approvals Name Title Date of Version Issue Damian Morris Head of Traffic and Information 22/03/2012 v.1 Policy Simon Sheldon- Wilson Director, Traffic Management Director 22/03/2012 v.1

3 Key definitions Within this document the word must or must not is used to indicate an obligatory legal requirement. The word shall or shall not indicates a mandatory organisational requirement which you are required to comply with. The word should or should not indicates a course of action that is strongly recommended or avoided. The word may is used to indicate an option for consideration, depending on the circumstances. Operational Policy framework The Traffic Management Directorate plays a significant role in achieving the Highways Agency s strategic aim of being the world s leading roads operator. This is achieved through the planning and delivery of our operational services, the function we undertake on-road, the management of the network from our control centres, the services we supply to the public and our national incident liaison role. To reflect this, our operational policy is purposely divided into 3 distinct parts which we have called tiers. This policy document covers tier 1, the two others will cover tier 2 and tier 3. Tier 1 Defining operational boundaries - Setting the strategic context. High level statements that define the boundaries of our role. This provides an understanding of our remit, our responsibilities and relative priorities for the directorate s operational role. Tier 2 Delivering the service - Tactical guidance. Tactical guidance on the delivery and the development of our operational service. Tier 3 Detailed role specific guidance - Operational guidance. Topic specific operational guidance and direction on the delivery of our day-to-day roles. The operational policy framework defines the 'what' and the 'why' of the service we deliver, our procedures contain the detailed guidance on the delivery of 'what', the 'how', the 'where', and the 'when' of the service. The operational policy is owned by the Traffic Management Directorate Director, and is recognised as intrinsic to the directorate s governance, to support consistent and robust decision making. What is policy, why is it important? A policy is a principle or rule that bounds our decisions to achieve reasonable and realistic outcomes. Policy shall be seen as both an enabler and a safeguard for all staff by providing statements of principle and binding actions that lead to effective and consistent service delivery. A policy shall be considered as a statement of intent or a commitment. For that reason we will be held accountable for our actions. Key message Policy sets the principles upon which our role is based. March 2012 Page 3 of 14 Version 1.0

4 Introduction Traffic Management Senior Management Team Operational Policy We are pleased to release to all staff within the Traffic Management Directorate (TMD) this new operational policy. It will make clear the boundaries of our role, whilst supporting us in the effective delivery of our operational services; safeguarding our staff, our customers and others operating on the strategic road network. This document has been written to set out what we need to comply with. The Government has set out a vision for a transport system that it is an engine for economic growth and future prosperity. This includes promoting the more efficient use of the Strategic Road Network by addressing the causes of congestion and unreliability. To realise this vision will represent a significant challenge and this operational policy, in conjunction with the future operating model overarching principles, will provide direction to enable us to succeed. This policy shall be seen as both an enabler and a safeguard for all staff by providing statements of principle and binding actions that lead to effective and consistent service delivery. It is not here to diminish our role, or constrain our actions unnecessarily, but is here to ensure we re doing the right thing and doing what legislation allows. Whilst our role will remain challenging and demanding there is still a requirement for us, as dedicated professionals, to make informed decisions in pressurised and demanding situations. A clear policy will help all of us understand our responsibilities, and it will support us in making those difficult decisions. When reading this policy we all need to consider how we comply with the guidance given, how it impacts upon our role and how we use it to determine the actions we all take. TMD Director Head of National Traffic Operations Head of Regional Response Centres Head of On Road North Head of On Road South Head of On Road East Head of Service Delivery Head of Service Development Key messages Policy provides direction and set boundaries. We shall be accountable for our actions We shall comply with policy. We shall not be selective in the use of policy to support our actions. We should understand how policy enables and defines our role. March 2012 Page 4 of 14 Version 1.0

5 Compliance Statement TMD provides a framework of policies, procedures and guidance that enables the effective delivery of our operational activities as well as our information, support and development services. The framework of policies and procedures provide the direction, decision making tools and a range of options, which staff need to consider to achieve our objectives. This is whilst ensuring the safety of our staff, others operating on the road network, and road users. The boundaries of our role are set out within this document. They are defined by legislative and regulatory requirements, the Network Operations Partnership Agreement and the National Guidance Framework agreed with the Association of Chief Police Officers. Furthermore it has been written to align the directorate s strategic aims and objectives with those set by Government. Within TMD all staff shall comply with operational policy and procedures that are relevant, appropriate, and reasonable to their role and the circumstances they face. Staff not complying with operational policy and procedures shall provide evidenced justification to support their actions, regardless of the outcome. It is acknowledged operational staff will regularly face difficult decisions whilst operating in a live environment. They will be expected to make reasonable and rational decisions on the effective delivery of the role. Non-compliance shall be formally recorded as soon as is practicable and be reported through line management. In terms of procedures it is the responsibility of managers to ensure that incidents of non-compliance are captured, reported, investigated and escalated. Key messages All TMD staff shall comply with operational policy and procedure that are relevant, appropriate, and reasonable to their role and the circumstances they face within a dynamic working environment. All staff shall be fully conversant with operational policy and procedures that are applicable to their role and the responsibilities associated with that role. Staff not complying with operational policy and procedures shall provide evidenced justification to support their actions, regardless of the outcome. Incidents of non-compliance shall be investigated. Managers shall undertake active compliance checking as defined by their role, which will include feedback to staff. If actions are deemed to be inappropriate this may result in the need to take disciplinary action. March 2012 Page 5 of 14 Version 1.0

6 Function and purpose the what and the why Following the passing of the Traffic Management Act 2004, the general traffic and road management tasks performed by the Police on the strategic road network were transferred to the Highways Agency. The Act, combined with other agreements, enabled the Highways Agency to become fully responsible for operating the strategic road network. As a result of these agreements, and organisational change, the Traffic Management Directorate was formed with the requirement to: Make journey times more reliable. Influence customer travel behaviour and decisions by making network information more readily available. Provide an effective Traffic Officer Service. To support the Highways Agency in undertaking this role the 2004 Act provides Traffic Officers, when in uniform, with legislative or special powers so they are able to perform certain traffic management tasks. The powers allow Traffic Officers to: Stop and regulate traffic. Direct and divert traffic and pedestrians. Place and operate both temporary and permanent traffic signs. Manage traffic at traffic surveys (this involves stopping vehicles and asking drivers about their journeys). With the legislative powers and agreements in place the role of the directorate therefore includes, but is not limited to: Setting signs and signals to support the management of traffic on the network, both within the immediate vicinity of an event or incident, or wider across the network. Planning arrangements for forthcoming special events. The dissemination of information to inform those undertaking journeys, to support our partners and stakeholders. Handling calls and enquiries from the public. Managing incidents that do not involve loss of life, injury or potential criminal activity. Supporting the emergency services when they are managing incidents, particularly by managing traffic. Managing resources efficiently to deliver the best possible service, or outcome, for the road user. Ensuring the Agency is kept fully informed about significant on-going events. Dealing with traffic management at incident scenes. Arranging for the removal of damaged or abandoned vehicles. Clearing debris, animals and found property from the network. Taking and handling calls from emergency roadside telephones. Identification and reporting of defects and potential improvements to the network. The monitoring and supporting of roadworks. The key outcome for these operational services has therefore been to improve journeys for drivers, keeping them informed and making our roads safer. The benefits include: Increased journey-time reliability. Making the road network safer. Reduced incident-related delays. Reduced secondary incidents - the incidents that happen at the scene of an existing incident or at roadworks. March 2012 Page 6 of 14 Version 1.0

7 Key messages The function and purpose of the directorate is the management and regulation of traffic across the strategic road network. All areas of the directorate should strive to improve journey time reliability and driver experience. We are not an emergency service. We are not a breakdown service. We shall support the police at incidents which involve the loss of life, injury or potential criminal activity. We shall manage incidents that lead to congestion through the use of our on road staff, signs, signals and information services. We should look to identify other causes of congestion or incidents on the network and take appropriate mitigating actions. March 2012 Page 7 of 14 Version 1.0

8 What does this mean? Key principles and statements. These statements have been developed to help direct, steer and guide staff while carrying out their duties and to set the boundaries they operate within. They have been written based on the requirements set out within: The Traffic Management Act. Regulation or Legislation. Signed agreements. The objectives set by Government and the Highways Agency. The future direction of the directorate as defined by the TMD Senior Management Team. These statements have been set out as a list of principles which are to be used to determine the way in which we perform our duties or the areas we will not work within. For each we have determined the level of compliance and this is to be used to help steer staff when considering a course of action to take. To Do What do we do? What s expected of the Traffic Management Directorate CORPORATE (How we shape and govern our service) We must deliver services keeping within regulation, legislation and in accordance with other agreements (for example the National Guidance Framework signed with the Association of Chief Police Officers). We must comply with all other Government, Department for Transport or Highways Agency policies (these include, but are not limited to, the Staff Handbook, Health and Safety or Information policies). We must meet the requirements of the civil service code, for example ensuring we carry out our role to the highest professional standard. We shall support the Government s drive for economic growth by targeting the causes of congestion and minimising delay across the strategic road network. We shall deliver a nationally consistent service. We shall provide the best outcomes for our customers within the boundaries of our role. We shall capture and evaluate the quality of our services and demonstrate we provide value for money. We shall seek to identify opportunities for continuous improvement within the directorate, for example those that enhance safety or deliver efficiencies. We shall manage the entire strategic road network including motorways and all purpose trunk roads. We should strive to deliver all Department for Transport, Highways Agency, TMD or individually agreed targets. OPERATIONAL (How we plan and deliver) We shall focus on the live lane; o We shall keep the traffic on the network moving. o We shall seek to detect events on the network which could impact upon journey reliability or safety. o We shall determine the appropriate organisational response to an event, and where required, deploy the right resource. o We shall use our signs, signals and information services to inform drivers about delays and incidents on the network. March 2012 Page 8 of 14 Version 1.0

9 o We shall seek to open closed lanes as soon as it is practicable and safe to do so. o We shall only attend non-live lane incidents to confirm whether assistance is needed. o We shall remain on scene with vulnerable road users, or those in a vulnerable location, whilst our support is needed. o We shall return to routine duties at non-live lane events once the scene is safe, for example if our assistance is not needed or once appropriate third party assistance arrives and is able to safely take control of the scene. We shall only patrol where to do so adds value. We should deploy resources with the intention to reduce delay on the network, to prevent the escalation of incidents that could result in delay, or to manage immediate safety risks. We shall manage the overlap in capabilities with our supply chain and partners in response to events on the network so that we do not duplicate effort in terms of deployment of our resource and operational capability. We shall safely & quickly resolve incidents within the boundaries of our role and capabilities. When not the lead at incidents we shall actively manage the outer cordon and the incident s impact on the wider network. When not the lead at incidents we shall support the emergency services, as defined in the requirements of our role, so they can coordinate, manage and undertake their duties. In dealing with an incident, whether leading or in support of the emergency services we should consider all affected users of the network (represent the low cost customer beyond the inner cordon of traffic management). We shall use our data (information) to pro-actively manage the network. o We shall use our electronic message signs (variable messages signs and matrix signals) to give timely and accurate information or direction to the road users, including the timely removal of signs once the need has passed. o We shall use our information services to inform the public, partners or stakeholders about events, incidents or roadworks that could or are causing delay on the Strategic Road Network (SRN). o We shall support the public in making informed journey decisions via our website, phones or other services. o We shall use our data to best effect when planning and determining the allocation of resource. o We shall use our data/information to update and support other directorates in undertaking their duties. o We should use our data in a structured way to identify where best to focus our resources to aid us in proactively managing the network. o We should use our data in optimising the operation of the strategic road network. o We should use our data to support us with managing incidents, congestion or delays. o We should use our data to support other traffic management organisations, partners or stakeholders. o We shall use our data to support the emergency services. For example; (i) We shall provide the emergency services with the information they need to enable them to perform their on road duties. (ii) We should give the emergency services data to support them in developing or procuring services which will aid the better management of the strategic road network. o We shall collect, collate and disseminate information in a timely fashion. o We shall contribute to the management of planned events which have the potential to cause significant delay to the strategic road network. March 2012 Page 9 of 14 Version 1.0

10 Not to do What s not expected of the Traffic Management Directorate We must not knowingly or intentionally break the law, or accept direction from third parties that would cause us to do so. We should not duplicate services delivered by others; o We shall not carry out the duties performed by the emergency services. (i) We are not a blue light service. (ii) We are not the 4 th emergency service. (iii) We will not become an emergency service. o We shall not train staff to duplicate the functions performed by the emergency services. o We shall not deploy our resources where our supply chain or contractors are better placed to manage the event. o Unless stated in procedure we shall not duplicate the services performed by our supply chain or contractors. o We shall not develop new functions, services or assume additional duties, that duplicate those performed by our supply chain or contractors, nor will we train our staff to do so. o Unless stated in procedure we shall not duplicate the functions performed by the breakdown services. o We shall not carry out the duties of social or welfare services. o We should not develop new services that could be delivered by the private sector. We shall not attend the scene if an approved source has advised assistance is not required (for example, the Police). We shall not stay with those who do not require assistance of the Traffic Officer Service. We shall not misuse or exceed the capabilities of the equipment supplied, or use equipment other than that supplied by the Highways Agency, to undertake the role. We shall not engage in operational activities where the Highways Agency has not provided role specific training. We shall not use policy, process or procedure incorrectly, or in isolation, to justify our actions. March 2012 Page 10 of 14 Version 1.0

11 Duty of care statement It is imperative in undertaking our roles that we understand the reasonable and appropriate expectations placed upon us and in what circumstances we can act. As a result the duty of care and moral dilemma statements are to be read in context of the entire policy document. The Traffic Management Act, viewed from a legal perspective is recognised as general public measure and as a result does not place any obligation upon the Highways Agency to stop and render assistance to members of the public. The Act itself provides the Traffic Officer Service with the powers necessary to perform their role but this does not constitute a duty of care between our customers and the Highways Agency. It is only when we make a decision to perform an activity in which we provide assistance to a member of the public, either directly on-road or indirectly via our other services, that the term duty of care applies. When carrying out an activity a failure to act with reasonable care could be seen to constitute a breakdown in our duty of care, and as such, could amount to an act of negligence. When reading the statement above we need to consider our role if we identify a member of the public needing assistance, for example vulnerable road users or those in a vulnerable location. In such circumstances Traffic Officers, if not on route to a higher priority incident, should stop and evaluate the need to provide assistance. However Traffic Officers shall return to routine duties once it is safe to do so, if our assistance is not needed or once appropriate third party assistance arrives and is able to safely take control of the scene. Key messages The Traffic Management Act (TMA) does not carry an obligation for the Traffic Officer Service to stop and render assistance. Where we do act, so manage an incident or a Traffic Officer does stop, then the general principles of negligence apply and we must act with reasonable care. The Health and Safety at Work etc Act 1974 sets out a duty of care on the employer to ensure the health, safety and welfare of employees whilst they are at work. Employees also have a duty and must take reasonable care for their own health and safety, and of others who could be affected by their actions, for example colleagues or the public, and must not misuse the equipment given to them by the Highways Agency to ensure their safety. March 2012 Page 11 of 14 Version 1.0

12 Moral dilemma or moral imperative statement Traffic Officers, by the very nature of the service we undertake, will arrive first on scene at some incidents. At some of these incidents a situation can arise where there is an immediate danger to life or limb to others on scene. These situations can create a moral imperative or moral dilemma ; that can be seen as having to make an instant decision on whether to act and make an attempt to save an endangered person. The question we need to consider is what does the organisation expect of a Traffic Officer who is confronted with a serious event in which we are awaiting the attendance of the emergency services? The purpose and function of our operational service is detailed in this document. This defines the boundaries of our role. The initial emphasis of our role is to identify the immediate danger from live traffic and take steps to alleviate this by making the scene safe, preventing further escalation and requesting appropriate support. Once those immediate traffic officer responsibilities are complete we could still be in a position that we are waiting for the emergency services. In these circumstances there could be a strong desire to adopt a more active role at an incident beyond the scope, competence and training in support of our stated role. As an employer we have defined the traffic officer role in terms of its function and purpose and have provided guidance, direction and training on the implementation of our procedures for that role and for that role alone. By accurately defining the boundaries of our operational role, it is more apparent to all should we choose to step beyond it. A Traffic Officer shall stay within the remit of their role. Also, the Traffic Officer shall be subject to investigation and potential disciplinary action if they have gone beyond the boundaries and responsibilities of their role. In a situation where a Traffic Officer is faced by a moral dilemma and has chosen to disregard policy and has acted outside of their role the factors detailed below will form part of the investigation, which has the potential to result in disciplinary action. The factors considered in an investigation would be applicable to anyone who undertakes rescuer/reasonable person role. Without prejudice, a Traffic Office shall be able to: evidence the reasons and circumstances of why they stepped outside of the defined role. demonstrate that to step outside the defined role, the situation faced represented a real and tangible threat to life or limb that required an immediate intervention. demonstrate (potentially in a court of law) they have firstly undertaken all reasonable actions and activities expected of their role. demonstrate their actions did not give rise to an unacceptable risk to their own safety. demonstrate their actions did not increase risk and potential danger to the recipient of their actions. demonstrate their actions did not increase risk and potential danger to other network users including the public, their colleagues or the emergency services. It is important to consider in these circumstances that by acting outside the defined role the traffic officer needs to consider they then have a personal duty of care to the individual they are aiding and have to act with all reasonable care. March 2012 Page 12 of 14 Version 1.0

13 All occurrences of when an individual has adopted the reasonable person or rescuer role, and moved outside of their defined role, must be reported, fully debriefed and will be subject to investigation and potential disciplinary action, dependent on the outcome of the investigation. The importance of this is to enable the Highways Agency to understand what hazards we are being exposed to. We will use this validated information to more effectively engage with our emergency service partners. It will also assist in counselling support for Traffic Officers exposed to traumatic events. Key messages Our primary activities when arriving first on scene shall be to address the effective delivery of the Traffic Officer role in terms of making the scene safe, preventing further escalation and requesting appropriate support. The Highways Agency cannot, and will not, ask an individual to work beyond the reasonable expectation of that role. Traffic Officers shall record and explain their actions regardless of the outcome. We shall not train staff to duplicate the functions performed by the emergency services. Traffic Officers shall stay within the remit of their role. Traffic Officers shall be subject to investigation and potential disciplinary action if they have gone beyond their role. March 2012 Page 13 of 14 Version 1.0

14 Review arrangements This tier 1 policy will be reviewed as required. This could be in response to any confirmed or emerging legislative or regulatory change, organisational change (including contractual changes) that would necessitate the modification, redesign, inclusion or cessation of any elements of our existing operational service. Any issues arising from the application and adherence to this policy must be brought to the attention of the Head of Traffic and Information Policy, to enable the issue to be reviewed by the directorate s senior management team who are the owners of the operational policy. Reference documentation Legislation Traffic Management Act Road Traffic Regulation Act Road Traffic Act Motorway Traffic (England and Wales) Regulations 1982 (as amended). The Traffic Signs Regulations and General Directions 2002 (as amended). Highways Act The Removal & Disposal of Vehicles Regulations The Removal & Disposal of Vehicles by Traffic Officers Regulations The Removal & Disposal of Vehicles (Prescribed Sums & Charges Etc.) Regulations The Road Vehicles Lighting Regulations 1989 (as amended). The Road Vehicles (Construction and Use) Regulations 1986 (as amended). Health & Safety at Work etc Act 1974 and associated Regulations. Agreements, plans & frameworks Highways Agency Framework Document (DfT) July Highways Agency Strategic Plan (The world s leading road operator). Spending Review Framework June Traffic Management Directorate Future Operating Model Blue Print. Service Delivery Plan (TMD/NDD SLA). HA/ACPO Network Operations Partnership Agreement. Network Operations National Guidance Framework December March 2012 Page 14 of 14 Version 1.0

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