DRAFT OPERATIONAL RESPONSIBILITY FOR PUBLIC ROADS IN WESTERN AUSTRALIA DRAFT VERSION 2

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1 DRAFT OPERATIONAL RESPONSIBILITY FOR PUBLIC ROADS IN WESTERN AUSTRALIA DRAFT VERSION 2 DECEMBER 2009

2 TABLE OF CONTENTS PART 1 INTRODUCTION Purpose of Document Consultation Roads Which Are Not Affected Interpretation Relevant Legislation...3 PART 2 PHYSICAL LIMITS OF RESPONSIBILITY BETWEEN MAIN ROADS AND LOCAL GOVERNMENTS...4 DIVISION 1 Freeways Coordinating Road Authority Responsible Road Authority...4 DIVISION 2 Controlled Access Highways Coordinating Road Authority Responsible Road Authority...4 1) Signalised Intersection...4 2) Non Signalised Intersection Designated as Restricted Access Vehicle Network ) Non Signalised Intersection...8 4) Between Intersections...9 DIVISION 3 Ordinary Highways Coordinating Road Authority Responsible Road Authority...9 1) Signalised Intersection...9 2) Non Signalised Intersection Designated as Restricted Access Vehicle Network ) Non Signalised Intersection Metropolitan Local Government ) Non Signalised Intersection Rural Local Government ) Between Intersections Metropolitan Local Government ) Between Intersections Rural Local Government ) Townsite...20 DIVISION 4 Bridges, Shared Paths and Drainage Structures Main Roads Local Government...23 DIVISION 5 Stormwater Infrastructure Responsible Road Authority...25 DIVISION 6 Lighting Lighting Responsibilities Generally Road Lighting Costs...26 DIVISION 7 Public Transport Facilities Bus Passenger Facilities...27 DIVISION 8 Roadside Facilities Amenities or Equipment for Public Use Rest Areas and Other Off Road Sites Information Bays Road Train Assembly Areas and Arrestor Beds Truck Breakdown Areas Landscaping and Beautification...28 DIVISION 9 Direction and Information Signs Main Roads Local Government...29 DIVISION 10 Traffic Control Devices Highways Side Roads...29 Page (i)

3 28. Local Government Roads Fences and Barriers School Zones Railway Level Crossings...31 DIVISION 11 Vegetation Control Vegetation Declared Plants...33 PART 3 THIRD PARTY ISSUES Private Property Access to Freeways and Controlled Access Highways Private Property Access to Ordinary Highways Road Activities by Third Parties Unauthorised Signs Damage to Highways Removal of Objects from a Road Graffiti...36 PART 4 CLOSING ROADS Highways Local Government Roads...37 ATTACHMENT 1 INTERPRETATION...38 ATTACHMENT 2 LIST OF FIGURES...45 Page (ii)

4 PART1 INTRODUCTION 1. Purpose of Document PART 1 INTRODUCTION 1. Purpose of Document 1) The purpose of this document is to provide principles and practical guidance for determining how the responsibility for operating and maintaining the different parts or elements of highways and main roads is to be allocated between the Commissioner of Main Roads (hereafter referred to as Main Roads) and Local Governments. The document also provides guidance in respect of some parts of local government roads potentially involving Main Roads (for example, signs and intersections with highways and main roads). 2) This document is intended to a) support responsible road authorities in the performance of their road management functions with respect to the provision of a safe and efficient road network for use by road users and the community; and b) recognise that Main Roads and Local Government are partners in managing Western Australia s public road network. 3) It is the parties intention that the allocation of responsibilities between Main Roads and the relevant Local Governments in future proclamations of highways and main roads recommended by the Commissioner to the Governor under section 13 of the Main Roads Act 1930 will reflect the principles set out in this document unless the application of those principles is varied by agreement with the relevant Local Government(s) in that instance. 4) This document does not override or replace any existing written codes, memoranda of understanding or specific agreements between Main Roads and any Local Government(s) in relation to the maintenance responsibilities of specific roads, roadrelated land or road-related infrastructure. 2. Consultation This document was developed jointly by Main Roads, the Institute of Public Works Engineering Australia (WA) and the Western Australian Local Government Association. 3. Roads Which Are Not Affected 1) Under section 33(1)(a) of the Conservation and Land Management Act 1984, the Chief Executive Officer of the Department of Environment and Conservation is responsible for the management of all land to which that Act applies. This includes the responsibility for the management of over 30,000 kilometres of roads forming part of that land. Local Governments have no responsibilities in respect of those roads other than where they intersect with local government roads. The parties agree that this document shall not impact on any aspects of the management of those roads. 2) To avoid confusion, the parties further agree that this document shall not apply to Aboriginal Access Roads. 4. Interpretation Definitions of the terms used hereafter in this document are included in Attachment 1. However for the convenience of the reader a number of the key definitions are also included hereunder as follows: Page 1 of 44

5 PART 1 INTRODUCTION 4. Interpretation Commissioner means the Commissioner of Main Roads appointed under Section 7 of the Main Roads Act 1930; controlled access highway means any highway or section of a highway that has been proclaimed control of access under section 28A of the Main Roads Act 1930, but does not include freeways; coordinating road authority in relation to a road, means the authority which has the function of: a) deciding whether an area is a road related area for the purposes of subclauses 11(5)(a)(xiv), 11(6)(a)(ii) and 11(7)(a)(xiii); b) approving the installation of any infrastructure within the road reserve of the relevant road by a Council or any other party; c) in the case of a highway, approving the installation of direction and information signs/devices on or adjacent to the relevant highway for the purposes of clause 24; and d) in the case of a freeway or controlled access highway installing and maintaining any direction and information signs/devices within the road reserve of the relevant road. Council means the Local Government within whose municipal boundary the subject matter in question is situated; freeway means a controlled access highway which has been named as a freeway by State Government; highway means a highway or main road as defined in Section 6 of the Main Roads Act 1930; for clarity, that term applies to every freeway, controlled access highway and ordinary highway in line with their respective definitions as highways elsewhere in the Interpretation section of this agreement; local government road means any road which is under the care, control and management of a local government by virtue of section 3.53 of the Local Government Act 1995, sub-section 56 (2) of the Land Administration Act 1997, Part V of the Public Works Act 1902 or any other applicable statute; ordinary highway means any highway or section of a highway that has not been proclaimed control of access under section 28A of the Main Roads Act 1930; responsible road authority means the road authority which is to have the ongoing responsibility for the maintenance and operation of the infrastructure or area of land referred to in the specific sub-clause of this document in which that term is used; side road means a local government road or a road that is under the care, control and management of another authority that provides traffic access to a highway, but does not include private accesses or driveways (eg entrance to University of WA off Stirling Hwy); urban area means, in relation to a road, an area in which a) a speed limit of 60 kilometres per hour or less applies, other than a speed limit which applies only because of a temporary reason such as roadwork or a street event; or b) there are buildings on land adjacent to the road, or there is street lighting, at intervals not exceeding 100 metres for either i) a distance of at least 500 metres; or i) the length of the road if the total length of the road is less than 500 metres. Note 1. Note 2. The diagrams included in this document represent the generic demarcation of responsibilities between road authorities and may be varied by any specific arrangement entered into between Main Roads and a Local Government. The text in this document is intended to be read in conjunction with the accompanying headings. Page 2 of 44

6 PART 1 INTRODUCTION 5. Relevant Legislation 5. Relevant Legislation 1) Local Governments are legal entities constituted under the Local Government Act 1995, the Act which together with its associated regulations provides the basis of most of each Local Government s powers. These include, but are not limited to, the specific road related powers in Part 3 Division 3 of that Act. 2) The Commissioner of Main Roads is a body corporate constituted under the Main Roads Act 1930, the Act which provides most of the Commissioner s powers. The relevant provisions of the Main Roads Act 1930 include; a) in sub-section 16(1)(b), the Commissioner s power to exercise in regard to any highway or main road any power which a local government could exercise in regard thereto if such road were within its municipal boundary; and b) in sub-section 16(2) that, subject to the vesting and property provisions set out in section 15, the powers of any local government over any highway or main road shall not be deemed to be taken away by the Main Roads Act 1930, but the exercise of such powers shall be subject to the control and direction of the Commissioner. 3) Other legislation which provides Main Roads and Local Government respectively with powers and obligations in respect of roads include: a) the Road Traffic Act 1974; b) the Road Traffic Code 2000; c) the Road Traffic (Vehicle Standards) Regulations 2002; d) the Land Administration Act 1997 (Part 5 in particular); e) the Public Works Act 1902 (Part V in particular); and f) the Public Transport Authority Act 2003 (no specific road related provisions). Page 3 of 44

7 DIVISION 1 FREEWAYS 6. Coordinating Road Authority PART 2 PHYSICAL LIMITS OF RESPONSIBILITY BETWEEN MAIN ROADS AND LOCAL GOVERNMENTS DIVISION 1 FREEWAYS 6. Coordinating Road Authority Main Roads is the coordinating road authority for the whole of the road reserve of a freeway. 7. Responsible Road Authority 1) Main Roads performs the functions of the Responsible Road Authority for the whole of the road reserve of a freeway including: a) entry and exit ramps; b) principal shared paths; and c) any road-related infrastructure (such as fences, noise walls, and associated drainage); that are part of the freeway. 2) Main Roads will ordinarily be the responsible road authority for all bridges over, under or forming part of a freeway. Where any road infrastructure forming part of a freeway extends beyond the declared road reserve of the freeway (such as traffic safety barriers attached to a bridge), the limits of responsibilities shall be agreed between Main Roads and the Local Government with reference to specific plans depicting those limits. 3) Main Roads is the Responsible Road Authority with respect to freeway advance direction and electronic traffic conditions signs on approach highways and side roads. 4) Details of responsibilities where side roads cross freeways are covered in Division 2. DIVISION 2 CONTROLLED ACCESS HIGHWAYS 8. Coordinating Road Authority Main Roads is the coordinating road authority for the whole of the road reserve of a controlled access highway. 9. Responsible Road Authority 1) Signalised Intersection a) Main Roads performs the functions of the Responsible Road Authority with respect to all road infrastructure that is provided for the operation of a side road intersection with a controlled access highway, including: i) all traffic signal hardware, including the detector loops in side road pavements and pathways; ii) slip lanes, acceleration and deceleration lanes on the controlled access highway, and carriageway areas on side roads to the extent that detector loops are installed, with the exception of: - carriageway areas on side roads with brick paved or coloured surfacing that has not been installed by Main Roads; - carriageway areas on side roads where the controlled access highway commences or terminates at a continuing side road; or Page 4 of 44

8 DIVISION 2 CONTROLLED ACCESS HIGHWAYS 1) Signalised Intersection - carriageway areas on side roads where the controlled access highway only represents a single leg of a three or four way intersection; iii) any traffic or splitter islands on side roads (excluding sections with grass or landscaping) where such traffic or splitter islands contribute to the operation of the intersection and not for the purpose of separating traffic for an extended length along the side road; iv) any signs that control the movement of traffic to and from the controlled access highway, being located on either the controlled access highway or the intersecting side road; v) advance direction signs on the side road, and any advance warning signs on the side road that are directly related to the operation of the intersection with the controlled access highway; vi) road markings, including painted chevrons (or painted islands) on the side road, that control the movement of traffic to and from the controlled access highway; vii) Tactile Ground Surface Indicators in central medians and splitter islands; viii) kerbing; ix) pedestrian grab rails and pram ramps; and x) pathways across a central median, traffic or splitter island; within the limits of responsibility shown in Figures 1, 2 and 3. b) Local Government performs the functions of the Responsible Road Authority with respect to the side road up to the limits of Main Roads' responsibility shown in Figures 1, 2 and 3 with the exception of the road infrastructure specified in subclause (a) above. Figure 1 Controlled Access Highway Signalised Intersection Page 5 of 44

9 DIVISION 2 CONTROLLED ACCESS HIGHWAYS 1) Signalised Intersection Figure 2 Controlled Access Highway Signalised Ramp Intersection Figure 3 Controlled Access Highway Typical Intersection Details Page 6 of 44

10 DIVISION 2 CONTROLLED ACCESS HIGHWAYS 2) Non Signalised Intersection Designated as Restricted Access Vehicle Network 2 2) Non Signalised Intersection Designated as Restricted Access Vehicle Network 2 a) Main Roads performs the functions of the Responsible Road Authority with respect to all road infrastructure that is provided for the operation of a side road intersection with a controlled access highway, including: i) slip lanes, acceleration and deceleration lanes on the controlled access highway, and carriageway areas on a side road; ii) any traffic or splitter islands on a side road (excluding sections with grass or landscaping); iii) any signs that control the movement of traffic to and from the controlled access highway, being located on either the controlled access highway or the intersecting side road; iv) advance direction signs on the side road and any advance warning signs on the side road that are directly related to the operation of the intersection with the controlled access highway; v) road markings, including painted chevrons (or painted islands) on the side road, that control the movement of traffic to and from the controlled access highway; vi) Tactile Ground Surface Indicators in central medians and splitter islands; vii) kerbing; viii) pedestrian grab rails and pram ramps; and ix) pathways across a central median, traffic or splitter islands; within the limits of responsibility shown in Figure 4. b) Local Government performs the functions of the Responsible Road Authority with respect to the side road up to the limits of Main Roads' responsibility shown in Figure 3 with the exception of the road infrastructure specified in subclause (a) above Figure 4 Controlled Access Highway Non Signalised Intersection Restricted Access Vehicle Network 2 Page 7 of 44

11 DIVISION 2 CONTROLLED ACCESS HIGHWAYS 3) Non Signalised Intersection 3) Non Signalised Intersection a) Main Roads performs the functions of the Responsible Road Authority with respect to all road infrastructure that is provided for the operation of a side road intersection with a controlled access highway, including: i) slip lanes, acceleration and deceleration lanes on the controlled access highway; ii) any signs that control the movement of traffic to and from the controlled access highway, being located on either the controlled access highway or the intersecting side road; iii) advance direction signs on the side road, and any advance warning signs on the side road that are directly related to the operation of the intersection with the controlled access highway; iv) road markings, including painted chevrons (or painted islands) on the side road, that control the movement of traffic to and from the controlled access highway; v) Tactile Ground Surface Indicators in central medians and splitter islands; vi) kerbing; vii) pedestrian grab rails and pram ramps and viii) pathways across a central median, traffic or splitter island; within the limits of responsibility shown in Figures 5 and 6. b) Local Government performs the functions of the Responsible Road Authority with respect to a side road up to the limits of Main Roads' responsibility shown in Figures 5 and 6 with the exception of the road infrastructure specified in subclause (a) above. Figure 5 Controlled Access Highway Non Signalised Intersection Urban Area Page 8 of 44

12 DIVISION 2 CONTROLLED ACCESS HIGHWAYS 3) Non Signalised Intersection Figure 6 Controlled Access Highway Non Signalised Intersection Non Urban Area 4) Between Intersections a) Main Roads performs the functions of the Responsible Road Authority with respect to all parts of a controlled access highway, including on and off ramps, and all road infrastructure located within the road reserve including shared paths, footpaths and associated fencing, except for: i) footpaths which have been excluded by proclamation under section 13(1) of the Main Roads Act 1930; ii) road infrastructure or other infrastructure on any part of the relevant road which has not been proclaimed as a part of the highway under section 13(1) of the Main Roads Act 1930; and iii) road infrastructure or any other infrastructure which has been: A) excluded by agreement with an individual Local Government; or B) installed by, or provided for, a Local Government, with the approval of Main Roads. b) Local Government performs the functions of the Responsible Road Authority with respect to shared paths, footpaths and associated fencing and any other infrastructure installed by, or provided for, a Local Government, with the approval of Main Roads. DIVISION 3 ORDINARY HIGHWAYS 10. Coordinating Road Authority Main Roads is the coordinating road authority for the whole of the road reserve of an ordinary highway. 11. Responsible Road Authority 1) Signalised Intersection a) Main Roads performs the functions of the Responsible Road Authority with respect to all road infrastructure that is provided for the operation of a side road intersection with an ordinary highway, including: Page 9 of 44

13 DIVISION 3 ORDINARY HIGHWAYS 1) Signalised Intersection i) all traffic signal hardware, including the detector loops in side road pavements and pathways; ii) slip lanes, acceleration and deceleration lanes on the ordinary highway, and carriageway areas on side roads to the extent that detector loops are installed, with the exception of: - carriageway areas on side roads with brick paved or coloured surfacing that has not been installed by Main Roads; - carriageway areas on side roads where an ordinary highway commences or terminates at a continuing side road; or - carriageway areas on side roads where an ordinary highway only represents a single leg of a three or four way intersection; iii) any traffic or splitter islands on side roads (excluding sections with grass or landscaping) where such traffic or splitter islands contribute to the operation of the intersection and not for the purpose of separating traffic for an extended length along the side road; iv) any signs that control the movement of traffic to and from the ordinary highway, being located on either the ordinary highway or the intersecting side road; v) advance direction signs on the side road, and any advance warning signs on the side road that are directly related to the operation of the intersection with the ordinary highway; vi) road markings, including painted chevrons (or painted islands) on the side road, that control the movement of traffic to and from the ordinary highway; vii) Tactile Ground Surface Indicators in central medians and splitter islands; viii) kerbing; ix) pedestrian grab rails but excluding pram ramps; and x) pathways across a central median, traffic or splitter island within the kerb to kerb limits of the intersection; within the limits of responsibility shown in Figure 7. b) Local Government performs the functions of the Responsible Road Authority with respect to the side road up to the limits of Main Roads' responsibility shown in Figure 7 with the exception of the road infrastructure specified in subclause (a) above. Page 10 of 44

14 DIVISION 3 ORDINARY HIGHWAYS 1) Signalised Intersection Figure 7 Ordinary Highway Signalised Intersection 2) Non Signalised Intersection Designated as Restricted Access Vehicle Network 2 a) Main Roads performs the functions of the Responsible Road Authority with respect to all road infrastructure that is provided for the operation of a side road intersection with an ordinary highway, including: i) slip lanes, acceleration and deceleration lanes on the ordinary highway, and carriageway areas on a side road; ii) any traffic or splitter islands on a side road (excluding sections with grass or landscaping); iii) any signs that control the movement of traffic to and from the ordinary highway, being located on either the ordinary highway or the intersecting side road; iv) advance direction signs on the side road, and any advance warning signs on the side road that are directly related to the operation of the intersection with the ordinary highway; v) road markings, including painted chevrons (or painted islands) on the side road, that control the movement of traffic to and from the ordinary highway; vi) Tactile Ground Surface Indicators in central medians, and splitter islands; vii) kerbing; viii) pedestrian grab rails but excluding pram ramps; and ix) pathways across a central median, traffic or splitter islands within the kerb to kerb limits of the intersection within the limits of responsibility shown in Figure 8. b) Local Government performs the functions of the Responsible Road Authority with respect to the side road up to the limits of Main Roads' responsibility shown in Figure 8 with the exception of the road infrastructure specified in subclause (a) above Page 11 of 44

15 DIVISION 3 ORDINARY HIGHWAYS 2) Non Signalised Intersection Designated as Restricted Access Vehicle Network 2 Figure 8 Ordinary Highway Non Signalised Intersection - Restricted Access Vehicle Network 2 3) Non Signalised Intersection Metropolitan Local Government a) Main Roads performs the functions of the Responsible Road Authority with respect to all road infrastructure that is provided for the operation of an intersection with an ordinary highway, including i) slip lanes, acceleration and deceleration lanes on the ordinary highway; ii) any signs that control the movement of traffic to and from the ordinary highway, being located on either the ordinary highway or the intersecting side road; iii) advance direction signs on the side road, and any advance warning signs on the side road that are directly related to the operation of the intersection with the ordinary highway; iv) road markings, including painted chevrons (or painted islands) on the side road, that control the movement of traffic to and from the ordinary highway; v) Tactile Ground Surface Indicators in central medians and splitter islands; vi) kerbing; vii) pedestrian grab rails but excluding pram ramps; and viii) pathways across a central median, traffic or splitter island within the kerb to kerb limits of the intersection within the limits of responsibility shown in Figure 9. b) Local Government performs the functions of the Responsible Road Authority with respect to the side road up to the limits of Main Roads' responsibility shown in Figure 9 with the exception of the road infrastructure specified in subclause (a) above. Page 12 of 44

16 DIVISION 3 ORDINARY HIGHWAYS 3) Non Signalised Intersection Metropolitan Local Government Figure 9 Ordinary Highway Non Signalised Intersection Metropolitan Council 4) Non Signalised Intersection Rural Local Government a) Main Roads performs the functions of the Responsible Road Authority with respect to the intersection of an ordinary highway with a side road within the limits of responsibility shown in Figures 10, 11, 12, 13, 14 and 15. b) If the limit of responsibility along a side road is not able to be determined by reference to Figures 10, 11, 12, 13, 14 and 15 the limit shall be a line at ninety degrees to the entering side road defined as the lesser of: i) the through line of the ordinary highway road reserve at the intersection; or ii) thirty (30) metres measured from: A) the holding or continuity line on the side road, or B) the through edge of shoulder in the absence of any linemarking. c) The intersection includes: i) slip lanes, acceleration and deceleration lanes on the ordinary highway, and limited carriageway areas on the side road; ii) any signs (e.g. traffic direction signs) that control the movement of traffic to and from the ordinary highway, being located on either the ordinary highway or intersecting side road; iii) advanced direction signs on the side road, and any advance warning signs on the side road that are directly related to the operation of the intersection with the ordinary highway; iv) road markings, including painted chevrons (or painted islands) on the side road; v) all kerb and gutter within the defined limits of Main Roads' responsibility; and Page 13 of 44

17 DIVISION 3 ORDINARY HIGHWAYS 4) Non Signalised Intersection Rural Local Government vi) culverts under the side road provided by Main Roads as integral to the road drainage associated with the ordinary highway, including associated upstream and downstream table drains. d) Local Government performs the functions of the Responsible Road Authority with respect to the side road up to the limit of Main Roads' responsibility as shown in Figures 10, 11, 12, 13, 14 and 15 with the exception of the road infrastructure specified in sub-clauses (a), (b) and (c) above. Figure 10 Ordinary Highway Non Signalised Intersection Rural Local Government Sealed Side Road Figure 11 Ordinary Highway Non Signalised Intersection Rural Local Government Incorporating Auxiliary Lane Page 14 of 44

18 DIVISION 3 ORDINARY HIGHWAYS 4) Non Signalised Intersection Rural Local Government Figure 12 Ordinary Highway Non Signalised Intersection Rural Local Government Partially Sealed Side Road Figure 13 Ordinary Highway Non Signalised Intersection Rural Local Government Gravel Side Road or Private Road Figure 14 Ordinary Highway Commencing/Terminating at Side Road Page 15 of 44

19 DIVISION 3 ORDINARY HIGHWAYS 4) Non Signalised Intersection Rural Local Government Figure 15 Roundabout 5) Between Intersections Metropolitan Local Government a) Main Roads performs the functions of the Responsible Road Authority with respect to the parts of an ordinary highway and all road infrastructure (wherever located) that is provided for the operation of through traffic on the ordinary highway, as generally shown in Figures 16 and 17, including: i) any part of the carriageway on the ordinary highway located kerb to kerb that could be made available for through traffic (including acceleration and deceleration lanes) (refer Note 1 below); ii) shoulders (sealed or unsealed) where there is no formal designated parking; iii) on-road bicycle lanes; iv) kerb, or table drains, adjacent to any part of the carriageway that could be made available for through traffic (refer Note 2 below); v) drainage pits and underground drainage systems collecting runoff from through carriageways and associated junction pits in medians and through carriageways; vi) all road markings on the through carriageways (but excluding parking bays) vii) traffic safety barriers where the traffic safety barriers are for the safety and protection of through traffic and pedestrians; viii) signs and delineation provided for the control and guidance of traffic travelling along, or entering, the through carriageways of the ordinary highway (whether located in either the central median or roadside); Page 16 of 44

20 DIVISION 3 ORDINARY HIGHWAYS 5) Between Intersections Metropolitan Local Government ix) central medians and any of Main Roads' assets or vegetation thereon, including pedestrian fencing, TGSI s and pathways linking to a pedestrian crossing or children's crossing on the ordinary highway; x) pedestrian grab rails and bollards associated with pathways across a central median, including on footpaths; xi) all electronic traffic signs including variable speed signs, and other on-road electrical assets for traffic management on the ordinary highway; xii) pedestrian and guard controlled crossings; xiii) fences and noise walls installed by Main Roads; and xiv) any road related area designated for the ordinary highway by Main Roads, as the coordinating road authority. b) Main Roads does not perform the functions of the Responsible Road Authority with respect to assets on central medians which are owned by bodies other than Main Roads (for example, community facilities installed thereon by a Local Government). Note: Further details regarding street lighting and public transport facilities are covered in Divisions 6 and 7 of this Code. c) Local Government performs the functions of the Responsible Road Authority with respect to the parts of an ordinary highway, and road infrastructure located in, on, over or under those parts of the ordinary highway, generally shown in Figures 16 and 17, being i) pathways outside of the kerb to kerb limits of the through carriageways; ii) indented parking bays and any other part of the carriageway located kerb to kerb that could not be made available for through traffic (being located either on the side of the road, or in the central median), and adjacent kerb (for bus embayments see Section 17); iii) road markings for all parking bays; iv) drainage pits and underground drainage systems outside of through carriageways and underground drainage that is part of a Local Giovernment drainage scheme (refer also to Division 5, Stormwater Infrastructure); v) off road bicycle paths within the road reserve; vi) nature strips on verges including vegetation; vii) local signage including street names signs, local direction signs, parking signs for the control of stopping or parking (whether located between intersections or on the approach/departure sides of intersections); viii) litter bins and furniture provided for pedestrians; ix) pedestrian fencing outside of central medians; x) Tactile Ground Surface Indicators in footpaths and kerb ramps and at bus stops (except at central medians); and xi) assets on central medians that are owned by the Local Government. Page 17 of 44

21 DIVISION 3 ORDINARY HIGHWAYS 5) Between Intersections Metropolitan Local Government Note: 1. Parking Main Roads' responsibility for any part of the carriageway located kerb to kerb that could be made available for through traffic includes areas of the carriageway used for parking, but excludes isolated parking areas of lengths less than 200 metres located between kerb outstands extending onto, or trees located within, the carriageway (such distances are considered to be of limited use for through traffic). 2. Table drains - where there is no clearly defined table drain adjacent to the carriageway, the limit of Main Roads' responsibility may include either: (a) a clear verge area to a maximum width of 3 metres from: (i) the edge of the constructed shoulder; or (ii) the edge of the sealed carriageway where there is no constructed shoulder; or (b) an area up to 3 metres behind any guide posts, or to the edge of any Local Government owned infrastructure (such as a footpath) or trees if the distance is less than 3 metres. 3. Roadside Main Roads may consider requests from Local Governments for a transfer to Main Roads of road management functions with respect to the roadside within an urban area where substantial lengths of roadside (such as continuous lengths of roadside greater than 1 kilometre) have adjacent residential areas that back onto the road (with no direct access) and where it is considered that the roadside principally performs a highway (rather than a community) function. Figure 16 Kerbed Ordinary Highway Between Intersections Metropolitan Local Govt Page 18 of 44

22 DIVISION 3 ORDINARY HIGHWAYS 5) Between Intersections Metropolitan Local Government Figure 17 Unkerbed Ordinary Highway Between Intersections Metropolitan Local Govt Note: 1. Shoulder for the purpose of an urban area, the shoulder may include a cleared verge area to a maximum width of 3 metres either from the edge of a constructed shoulder or behind any guide posts. The cleared verge area is to be maintained for sight distance, fire hazard and appearance purposes. 2. Table drain is road-related infrastructure and is the responsibility of the Responsible Road Authority for the road or pathway to which the table drain relates. 3. Main Roads is the Responsible Road Authority with respect to: (i) By area carriageway plus median plus shoulder. (ii) By road-related infrastructure infrastructure for road-related purposes that facilitates the operation or use of the roadway, or pathway or support or protect the roadway or pathway, for which Main Roads is the responsible road authority. 4. Local Government is the Responsible Road Authority with respect to: (i) By area roadside. (ii) By road-related infrastructure infrastructure for road-related purposes that facilitates the operation or use of the roadway or pathway, or support or protect the roadway or pathway, for which Local Government is the Responsible Road Authority. 5. Non-road infrastructure is the responsibility of the relevant infrastructure manager. Page 19 of 44

23 DIVISION 3 ORDINARY HIGHWAYS 5) Between Intersections Rural Local Government 6) Between Intersections Rural Local Government a) Main Roads performs the functions of the Responsible Road Authority with respect to the parts of an ordinary highway as generally shown in Figure 18, including: i) carriageway; ii) roadside (including any road related area designated by Main Roads as the coordinating road authority for the ordinary highway e.g. rest stops, scenic lookouts); and iii) subject to sub-clause (b), any road-related infrastructure (e.g. table drains) for the full width of the road reserve. b) Council performs the functions of a responsible road authority with respect to service roads, off road bicycle paths within the road reserve, pathways, associated local signage, and underground drainage that is part of a Council drainage scheme. Figure 18 Ordinary Highway Between Intersections Rural Local Government 7) Townsite a) Main Roads performs the functions of the Responsible Road Authority with respect to the parts of an ordinary highway including: i) any part of the carriageway located kerb to kerb that could be made available for through traffic (including acceleration and deceleration lanes) (refer Note 1 below); ii) shoulders (sealed or unsealed) where there is no formal designated parking; iii) on-road bicycle lanes; iv) kerb, or table drains, adjacent to any part of the carriageway that could be made available for through traffic (refer Note 2 below); v) drainage pits and underground drainage systems collecting runoff from through carriageways and associated junction pits in medians and through carriageways; vi) all road markings on the through carriageways (but excluding parking bays); vii) traffic safety barriers where the traffic safety barriers are for the safety and protection of through traffic; viii) signs and delineation provided for the control and guidance of traffic travelling along, or entering, the through carriageways of the ordinary highway (whether located in either the central median or roadside); Page 20 of 44

24 DIVISION 3 ORDINARY HIGHWAYS 7) Townsite ix) central medians and any of Main Roads assets or vegetation thereon, including pedestrian fencing, TGSI s and pathways linking to a pedestrian crossing or children's crossing on the highway; x) pedestrian grab rails and bollards associated with pathways across a central median, including on footpaths; xi) all electronic traffic signs including variable speed signs, and other on-road electrical assets for traffic management on the ordinary highway; xii) pedestrian and guard controlled crossings; xiii) any road related area designated for the ordinary highway by Main Roads, as the coordinating road authority; and xiv) subject to sub-clause 11(3), any road-related infrastructure (e.g. table drains) for the full width of the road reserve; xv) within the limits of responsibility shown in Figure 19. b) Main Roads does not perform the functions of the Responsible Road Authority with respect to assets on central medians which are owned by bodies other than Main Roads (for example, community facilities or landscaping installed thereon by a Local Government). Note: Further details regarding street lighting and public transport facilities are covered in Divisions 6 and 7 of this Code. c) Local Government performs the functions of the Responsible Road Authority with respect to the parts of the ordinary highway, and road infrastructure located in, on, over or under those parts of the ordinary highway, generally shown in Figure 19, being: i) pathways outside of the kerb to kerb limits of the through carriageways; ii) indented parking bays and any other part of the carriageway located kerb to kerb that could not be made available for through traffic (being located either on the side of the road, or in the central median), and adjacent kerb; iii) road markings for all parking bays; iv) drainage pits and underground drainage systems outside of through carriageways and underground drainage that is part of a Local Government drainage scheme (refer also to Division 5, Stormwater Infrastructure); v) off road bicycle paths within the road reserve; vi) information bays see clause 20; vii) nature strips on verges including vegetation; viii) local signage including street names signs, local direction signs, parking signs for the control of stopping or parking (whether located between intersections or on the approach/departure sides of intersections); ix) litter bins and furniture provided for pedestrians; x) pedestrian fencing outside of central medians; xi) Tactile Ground Surface Indicators in footpaths and kerb ramps and at bus stops (except at central medians); and xii) assets on central medians that are owned by the Local Government (for example, community facilities or landscaping). d) Responsibility for intersections in a townsite is addressed in sub-clauses 11(1) to 11(4) relating to intersections on ordinary highways. Page 21 of 44

25 DIVISION 3 ORDINARY HIGHWAYS 7) Townsite Note: 1. Parking Main Roads responsibility for any part of the carriageway located kerb to kerb that could be made available for through traffic includes areas of the carriageway used for parking, but excludes isolated parking areas of lengths less than 200 metres located between kerb outstands extending onto, or trees located within, the carriageway (distances less than 200 metres are considered to be of limited use for through traffic). 2. Table drains - where there is no clearly defined table drain adjacent to the carriageway, the limit of Main Roads' responsibility may include either: (a) a clear verge area to a maximum width of 3 metres from: (i) the edge of the constructed shoulder; or (ii) the edge of the sealed carriageway where there is no constructed shoulder; or (b) an area up to 3 metres behind any guide posts, or to the edge of any Local Government owned infrastructure (such as a footpath) or trees if the distance is less than 3 metres. 3. Roadside Main Roads may consider requests from Local Governments for a transfer to Main Roads of road management functions with respect to the roadside within an urban area where substantial lengths of roadside (such as continuous lengths of roadside greater than 1 kilometre) have adjacent residential areas that back onto the road (with no direct access) and where it is considered that the roadside principally performs a highway (rather than a community) function. Figure 19 Townsite Page 22 of 44

26 DIVISION 3 ORDINARY HIGHWAYS 7) Townsite DIVISION 4 BRIDGES, SHARED PATHS AND DRAINAGE STRUCTURES 12. Main Roads 1) Main Roads performs the functions of the Responsible Road Authority with respect to bridges and drainage structures on, over or under highways including principal shared paths and pathways, within the limits of responsibility shown in Figures 20 and 21. 2) Main Roads performs the functions of the Responsible Road Authority with respect to infrastructure referred to in sub-clause 12(1) as follows: a) bridge structures, including footpath, pedestrian barrier, kerb, gutter and piped drainage where part of the bridge structure; b) culverts, including headwalls, wingwalls and aprons; c) floodways and causeways; d) traffic safety barriers forming part of a bridge structure and extending as far as the boundary of the freeway or highway reserve; and e) a footbridge or walkway attached to a structure by Main Roads, unless there is an arrangement in place under which Main Roads has transferred the responsibility to a Local Government. 3) Main Roads performs the functions of the Responsible Road Authority with respect to bridges over a government railway on a local government road to the extent of the limits of the structure as follows: a) bridge structure, including footpath, pedestrian barrier, kerb and gutter where part of the bridge structure; and b) traffic safety barriers forming part of the bridge structure and extending along the associated local government road and an adjoining local government road. Note: Responsibility for railway protection screens is either that of Main Roads or the Public Transport Authority. 4) Main Roads performs the functions of the Responsible Road Authority with respect to underpass structures beneath freeways and highways, excluding day-today maintenance such as removal of litter and graffiti. 5) Main Roads performs the functions of the Responsible Road Authority with respect to underpasses forming part of a principal shared path route. 6) Main Roads performs the functions of the Responsible Road Authority with respect to structural walls containing embankments or retaining walls supporting cuttings on the approaches to a structure which is on a local government road and which passes over or under a freeway or highway. 13. Local Government 1) Local Government performs the functions of the Responsible Road Authority with respect to: a) side road carriageways leading up to bridges over freeways and highways, including pathways, up to the limits of Main Roads' responsibility shown in Figures 20 and 21; b) a footbridge over a highway if it is a separate bridge constructed at a Local Government s expense; and c) a side road bridge over a highway if specified in an arrangement between Main Roads and a Local Government. Page 23 of 44

27 DIVISION 4 BRIDGES, SHARED PATHS AND DRAINAGE STRUCTURES 13. Local Government d) Local Government performs the functions of the Responsible Road Authority with respect to underpasses beneath freeways and highways including pathway pavement markings, bollards, associated signing, lighting, drainage, removal of litter and graffiti, and control of vegetation alongside approach pathways which are the responsibility of a Local Government. Figure 20 Controlled Access Highway - Grade Separation of Side Road Figure 21 Principal Shared Paths and Pathways Page 24 of 44

28 DIVISION 5 STORMWATER INFRASTRUCTURE 14. Responsible Road Authority DIVISION 5 STORMWATER INFRASTRUCTURE 14. Responsible Road Authority 1) The authority that performs the functions of the Responsible Road Authority with respect to stormwater infrastructure depends on the location and function of the infrastructure. 2) Main Roads performs the functions of the Responsible Road Authority with respect to stormwater infrastructure that was constructed as an essential part of a highway and that continues to function primarily to ensure structural integrity of the highway carriageway and/or to provide the standard of pavement drainage required for a highway. 3) Where a licence or easement is required for any drainage works associated with a highway, Main Roads will consult with a Local Government with regard to establishing a licence or easement. 4) Main Roads will maintain: a) drainage inlets on a kerbed highway and associated longitudinal drainage pipes along a kerbed highway; b) connections from drainage inlets to a Local Government main drain (cross pipes) including any associated junction box; c) extensions to a Local Government main drain where the extension is provided solely for the purpose of draining a highway; d) sub soil drains associated with a highway; e) storage areas (such as open sumps) associated with a highway; f) waterways running across the carriageway of a highway (such as floodways); g) natural waterways for a distance of 10 metres from the extremity of a bridge or drainage structure, or to the property line, whichever is the lesser; h) artificial waterways connecting to a bridge or drainage structure maintained by Main Roads maintenance will extend to the point of discharge, whether inside the road reserve or not; i) natural waterways running alongside a highway which act as a table drain or which may adversely effect the integrity of a highway formation if water flow or the effects of water flow are not controlled; j) water run-off from cutting faces and/or fill embankments on a highway that may have an effect on the pavement condition or road user safety; k) catch drains and cut-off drains protecting a highway; l) table drains, gutters, channels and diversion drains except as outlined below; m) side drains protecting a highway except as outlined below; n) erosion control measures (such as sedimentation basins, energy dissipaters) required for the protection of the highway pavement and control of run-off from a highway; and o) water quality treatment devices treating only run-off from a highway. 5) Main Roads will maintain the watercourse upstream and downstream of a floodway across a highway from the outside edge of any structure or sealed shoulder apron installed to protect the pavement structure during flood for a distance of: a) 20 metres from the edge of the floodway; or b) to the property line; Page 25 of 44

29 DIVISION 5 STORMWATER INFRASTRUCTURE 14. Responsible Road Authority whichever is the lesser. 6) Where a side road is kerbed Main Roads will maintain any drainage inlet installed on the side road, within the portion of carriageway maintained by Main Roads, that catches storm water runoff from a highway. 7) Local Government performs the functions of the Responsible Road Authority with respect to drainage inlets and associated longitudinal drainage pipes that take the surface runoff from any part of a Local Government drainage scheme (unless it is the responsibility of some other drainage authority). 8) Where upgrading or maintenance of a drainage network is required, costs will be shared between the Local Government and Main Roads in proportion to the size of the contributing catchment area from the local government road and the adjacent highway DIVISION 6 LIGHTING 15. Lighting Responsibilities Generally 1) Main Roads performs the functions of the Responsible Road Authority with respect to: a) the installation and maintenance of lighting infrastructure on controlled access highways, including entry and exit ramps and principal shared paths; b) the installation and maintenance of lighting infrastructure, including flag lighting (comprising a single pole, or a small number of poles, at isolated intersections) where it is an initiative of Main Roads, on ordinary highways outside of urban areas. 2) Local Government performs the functions of the Responsible Road Authority with respect to a) the installation of street lighting on ordinary highways within urban areas; and b) the installation of flag lighting on ordinary highways where it is an initiative of a Local Government. Note: Maintenance is generally undertaken by the utility provider with Local Government contributing to the cost through its electricity tariff. 16. Road Lighting Costs 1) Road lighting costs of Main Roads and Local Government will be determined as follows: a) Main Roads will be responsible for installation, maintenance and operating costs associated with lighting on controlled access highways and ordinary highways outside of urban areas, including for flag lighting where it is an initiative of Main Roads. b) Main Roads will be responsible for installation costs associated with lighting on ordinary highways within urban areas where the lighting is an initiative of Main Roads. c) Local Government may install lighting on ordinary highways. Main Roads will subsidise 50% of the installation cost upon completion provided the street lighting is approved for subsidising in advance and meets the technical requirements in Standard AS/NZS 1158 (generally V3). d) Local Government will be responsible for the operating costs of: Page 26 of 44

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