United Utilities prosecuted for highway safety breach

A water company fined £3,500 for “presenting a significant danger to the public” whilst carrying out emergency roadworks says it has reinforced the importance of safety with its contractors and employees.

United Utilities Water Ltd, admitted failing to provide sufficient room on the pavement for pedestrians to get around the site in Macclesfield last June, causing them to have to use a busy road. Guarding and signage for the works were also inadequate.

The prosecution under the 1991 New Roads and Street Works Act was brought by Cheshire East Council after one of its inspectors carried out a random check on trench work in the area.

A mobility scooter user was said to be at risk of toppling over into a busy road when manoeuvring round the site, while a mother with a pushchair and another child also struggled. Later in the day machinery was being used on the footpath.

Contractors told the inspector the traffic management arrangements were all they had available to them.

The council argued that the contractors had worked in a dangerous manner, placing pedestrians at risk from passing traffic and demonstrated a disregard for their safety.

Councillor Don Stockton said it took “no pleasure in prosecuting a utilities company for carrying out emergency repairs” but added: “However the safety of pedestrians and road users is paramount, and we expect all contractors to operate in a safe manner and to ensure the public are not placed at risk.”

United Utilities Water Ltd was fined £3,500 with £3,000 costs, plus a £170 victim surcharge by South Cheshire Magistrates at Crewe.

A spokesperson for the company said: “The safety of our people and the public is our priority during the many street work projects we carry out across the North West every week.

“We’re sorry on this occasion we did not live up to the required standard. Since this matter we have reinforced the importance of safety with our contractors and employees and have been recognised externally for our compliance.”

In 2013 councils were also given greater authority to clamp down on disruptive roadworks operating without permits, as well as those that overrun their schedule.

In 2015 Hertfordshire Council launched a crackdown on utilities working without a permit and last year Shropshire Council fined a range of gas, electricity and water utilities a total of £514,750 for not completing work on time.