Enforce rules on roadworks

By R. Nadeswaran, The Sun

THERE was a time when utility facilities and public roads were owned by the government. The Waterworks Department, the Telecommunications Department and the National Electricity Board dug up the roads and laid cables or pipes without a care in the world. They weren’t upset about the inconvenience caused to others because they were “the government”. Because it was an inter-governmental issue, no one was uptight if one department after the other dug up the roads for the smooth progress of their efforts to bring the core needs to our homes. No one also bothered if one of them did not restore the roads to their original condition and this resulted in potholes and depressions on our roads.

Now that utilities have been privatised and cables and pipes belonging to private companies are still on government land, the question is: Shouldn’t these companies be paying rental of government land or for that matter a temporary occupation of land (TOL) or a licence? The argument is simple: If you owned a piece of land which is nicely turfed and if someone wanted to dig it up for commercial purposes, aren’t you entitled to compensation and a requirement that the surface is turfed as if it had not been touched? Isn’t the mere occupation of the land itself deemed illegal unless of course there is a long-term lease or a licence?

This has caused considerable debate in London after Mayor Boris Johnson suggested that utility firms will be required to “rent” roads before digging them up. There would be of course discounts for doing the work at night or on weekends to prevent traffic congestion. Although rules provide for penalties for not finishing work on roads on schedule, such a requirement it has been argued will compel utility companies to ensure they keep to their deadlines.

It is interesting to note that for the seven months from April, the authority in charge of roads – Transport for London (TfL) – collected fines totalling £317,900 (RM1.59 million) for failing to complete work on time. Gas and electric companies National Grid and EDF Energy, Virgin Media, British Telecoms and Thames Water were held responsible for 442 days of over-running work. TfL also penalised firms that did not get permits to carry out work or breached terms which included erecting proper barriers and removal of earth.

The system used by TfL and 18 other boroughs (councils) in London requires utility companies to apply for permits costing between £40 (RM200) and £240 (RM1,200) before even erecting the barriers. The road works are monitored and the punitive fines are imposed on those who fail to comply or do not complete work on time.

Therefore, shouldn’t those who cause inconvenience and hardship to thousands of road users in Malaysia be subjected to the same? While most local authorities have rules governing the digging up of roads, there seems to be a severe lack of enforcement. As Malaysians have experienced, there are no proper warning signs and in some cases, holes had been dug and left overnight with no warning lights.

While extra revenue from the penalties for the government or the councils should not be the criteria, shouldn’t there be some form of regulation governing those who choose to dig up the well-paved roads for commercial gain? Shouldn’t the firms be able to apply for licences and agree to carry out work within stipulated times and complete their tasks within a specified period? And shouldn’t it be an incentive for the firms to finish their work according to schedule?

To those utility firms and their contractors who have kept to deadlines, there should be no worry but for those who choose to cut costs by not having adequate machines and manpower to do the job, there will be a cost to pay.