The Scottish Road Works Commissioner is an independent public official established under section 16 of the Transport (Scotland) Act 2005 and is accountable to the Scottish Ministers and ultimately the Scottish Parliament.
The Commissioner's aim is to improve the planning, co-ordination and quality of road works throughout Scotland.
The Commissioner monitors performance, promotes and encourages good practice across both utility companies and roads authorities. He also has powers to impose financial penalties on roads authorities who systematically fail in their duty to co-ordinate and on utility companies who systematically fail to co-operate when undertaking road works.
The Office of the Scottish Road Works Commissioner will, whenever possible and where appropriate provide advice and guidance to the road works community and the public on matters related to the management of road works in Scotland. However, the interpretation of legislation is a matter for Scottish Courts and where such interpretation is required legal advice should be sought.
The title of Scottish Road Works Commissioner can lead people to assume that the Commissioner is responsible for works being undertaken in roads on Scotland. This is not the case. Responsibility for the day to day management and co-ordination of works undertaken on roads remains unchanged and is set out below:
Roads authorities have a duty to co-ordinate all road works carried out on any road for which they are responsible;
The reinstatement of road surfaces remains the responsibility of the party undertaking the works. Roads authorities have powers to inspect road works to ensure that utility companies meet their obligations;
Traffic management at road works (cones, signs and barriers) is the responsibility of the party undertaking the works; and
Roads authorities are responsible for any decisions related to the repair and maintenance of their roads.