Highways Agency

Introduction

In November 2006, the Highways Agency launched a 12-week public consultation on Government policy for service areas and other roadside facilities in England. The consultation sought evidence and views on a number of issues from the industry, the public and other interested organisations.

Additionally during this 12 week period, key stakeholders attended an event to discuss the issues raised in the document. The consultation closed in February and the responses were analysed. A Summary of Responses was subsequently published. 

In light of responses received to that consultation and other evidence collected a new draft policy has been developed, this consultation seeks comments on that policy.

Background

MSAs and other roadside facilities, such as All-Purpose Trunk Road Service Areas, lorry parks, all-purpose trunk road and motorway picnic areas and all-purpose trunk road lay-bys, perform an important road safety function by providing opportunities for the travelling public to stop and take a break in the course of their journey. Government advice is that motorists should stop and take a break of at least 20 minutes every two hours. Drivers of Large Goods Vehicles are subject to a regime of statutory breaks.

Current Government policy relates only to MSAs and is held in two documents Roads Circular 1/94 (reproduced at Annex C of the Explanatory Statement) and the MSA Policy Statement of July 1998 (reproduced at Annex D of the Explanatory Statement). The Government intends to update and consolidate this advice, and issue fresh guidance on other forms of roadside facility.

The Government wishes to see the provision of roadside facilities maintained and to seek ways to enhance this provision, so as to improve services for motorists and lorry drivers, whilst not encouraging service stations to become destinations in their own right.

The Government's objective is for the provision of roadside facilities that provide the opportunity for road users to make safe and efficient journeys. It aims to do this through:

• encouraging greater choice in the provision of service facilities across the network;
• encouraging drivers to take a break more frequently and so reduce the incidence of fatigue-related accidents;
• working with the private sector to increase public satisfaction with motorway service facilities, in terms of quality and value for money.

Until revised guidance is published, existing guidance will continue to be valid.

Legislative Framework

Motorway Service Areas and other roadside facilities are subject to the provisions of the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004, which sets the framework under which local planning authorities are to consider applications for such developments. The Secretary of State for Transport is designated as a statutory consultee and the Highways Agency (an executive agency of the Department for Transport that operates and maintains the Strategic Road Network (SRN) on behalf of the Secretary of State) exercises this function on his behalf, giving advice on applications in respect of road safety and traffic management issues. The Government's power to grant access from the highways to all roadside facilities is given under s62 of the Highways Act 1980. The provision of traffic signs for service areas is governed by the Road Traffic Regulation Act 1984 (RTRA).

Development and Operation of MSAs 

Prior to 1992 the Department of Transport was responsible for developing MSAs: acquiring land, funding construction and leasing the completed sites to operating companies.

Since 1992, Government policy has been that the private sector should take the initiative in identifying and acquiring MSA sites and seeking planning consent from local planning authorities. When completed these MSAs are owned by the private sector rather than the Government. The Government, through the Highways Agency, continues to have an interest in these privately owned sites, in relation to motorway safety and traffic management.

There are currently 70 MSAs in England; of these 21 are still owned by the Government and leased to operating companies while 49 are privately owned.

Operators of MSAs, whether leased from the Government or privately owned, must comply with the requirements of Government policy. These provisions are reflected in the Traffic Signs Agreements which they enter into with the Highways Agency. If they do not observe these conditions action can be taken which would ultimately lead to the closure of the sites. However, operators have responsibility for all other operational matters at MSAs including issues such as pricing and staffing levels. The development of All-Purpose Trunk Road Service Areas, lorry parking facilities and picnic areas has traditionally been led by the private sector with Government providing advice on road safety and traffic management issues.

Consultation Criteria

The consultation is being conducted in line with the Code of Practice on Consultation. The Criteria are listed in Annex A of the Explanatory Statement, which also includes details of who to contact should you not be happy about the way in which the consultation is being run. The full version of the code can be accessed at http://bre.berr.gov.uk/regulation/consultation/code/index.asp.

Impact Assessment

An Impact Assessment (IA) has been carried out in accordance with guidance from the Department for Business Enterprise and Regulatory Reform and is available for download as a separate document from the Download Consultation Documents page. No significant issues have been identified.