Content

Salford City
Council - Record of Decision
 
I, Councillor
Mike McCusker, Lead Member for
Planning, Transport & Sustainable Development, in exercise of the powers contained within the
Council Constitution, do
hereby:
 
Approve the Crash Barrier Investment Programme 2023/24
 
The Reasons
are:
To facilitate
continuous improvement of the Vehicle Restraint System
installations as part of the defined Network Recovery
Plan.
 
Options
considered and rejected were:
No other options
were considered for this report.
 
Assessment of
Risk: 
Medium – it is important that the existing
highway vehicle restraint systems are inspected, repaired and
replaced when appropriate in order to
ensure the continued safety of the travelling
public.
 
The source of
funding is:
Approved Highways Investment Capital
Programme for 2023/24 (general unsupported
borrowing).
 
Legal Advice
obtained:Paul Haley Senior Legal Officer
234 3699 Date: 10th March 2023
Section 39 of
the Road Traffic Act 1988 imposes a duty upon the City Council
to:

prepare and carry out a programme of measures designed to
promote road safety and may make contributions towards the cost of
measures for promoting road safety taken by other authorities or
bodies.
carry out studies into accidents arising out of
the use of vehicles on roads or part of roads, other than trunk
roads, within their area and must, in the light of those studies,
take such measures as appear to the authority to be appropriate to
prevent such accidents, including the dissemination of information
and advice relating to the use of the roads, the giving of
practical training to road users or any class or description of
road users, the construction, improvement, maintenance or repair of
roads for which they are the highway authority and other measures
taken in the exercise of their powers for controlling, protecting
or assisting the movement of traffic on roads.

 
If studies
support the installation of the crash barriers in order to improve road safety, then installation
of such barriers would mitigate any liability on the part of the
local authority for failing in its duty of care to implement
measures designed to prevent or reduce accidents, provided those
barriers comply with and have been installed in accordance with all
regulatory requirements.
 
Section 62 of
the Highways Act 1980 provides a general power of improvement for
maintainable highways; and section 66 provides that the highway
authority may install rails and fences for the purpose of
protecting users of the highway.
 
Finally, s.41 of
the Highways Act 1980 (‘the Act’) places upon highway
authorities the duty to ‘maintain’ those highways that
are maintainable at the public expense. The Act defines
‘maintenance’ as including repair for the purposes of
the Act. The said highways should be in a fit state to accommodate
the ordinary traffic which passes or may be expected to pass along
them, which would include the maintenance of crash barriers where
studies have indicated that these should be installed to improve
highway safety.
 
When
commissioning contracts for the procurement of goods, services or
works the City Council must comply with the requirements of the
Public Contracts Regulations 2015, as well as its own Contractual
Standing Orders (CSO’s) and Financial Regulations as set out
in the Constitution.
 
Depending on the
value of the works to be undertaken as part of the crash barrier
investment programme, the Council may appoint contractors from an
appropriate framework or undertake a quotation exercise, if it does
not carry out the work itself.
 
Financial
Advice obtained: Adam Flaherty,
Senior Accountant, 793 2747 Date: 17 March
2023
(Highways
Capital)
There is
sufficient capital funding within the approved Highway Crash
Barrier Investment Programme for 2023/24, to fund the works
identified within this report to a total cost of
£120,000.
 
Close monitoring
of expenditure will be necessary to ensure that the programme of
works is delivered within the allocated
resources.
 
Procurement
Advice obtained: Heather Stanton Category Manager Procurement 686
6296
Date 9th March
2023
 
The Technical
and Highways Works Framework was awarded in 2021/22 of which VRS is
listed as Lot 2. The Council may appoint contractors following a
mini competition exercise from this framework agreement which is a
compliant route in line with SCC standing orders and PCR’s
2015.
 
HR
Implications: N/A
 
Climate
Change Implications: N/A
 
The following
documents have been used to assist the decision
process.
Report to Lead
Member
 
Contact
Officer:     Steve
Mangan                     
Tel No 0161 603
4034
 
 
This decision is
not subject to consideration by another Lead
Member.
 
The appropriate
scrutiny panel to call-in the decision is the Growth &
Prosperity Scrutiny Panel.
 
 

Signed: Councillor McCusker                   
           
Dated: 18th April 2023
Lead Member for Planning,
Transport & Sustainable Development
 

 
FOR DEMOCRATIC
SERVICES USE ONLY
 
This decision was
published on 19th April 2023.
 
This decision will come into effect at 4.00 p.m.
on 26th April 2023, unless it is called-in in accordance with the
decision-making process rules.