Consultation outcome

Allowing non-physical guided transport modes to be authorised by a Transport and Works Act order: consultation document

Updated 29 July 2022

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England and Wales

Foreword

Under the Transport and Works Act 1992 (TWA) applications can be made for guided transport schemes in England and Wales. Presently the only ‘guided modes’ the TWA relates to are physically guided transport schemes, such as those guided by cables or tracks. Changes in technology mean that transport systems can now also be guided by non-physical means.

This consultation sets out proposals to expand the application of the TWA to provide a consenting route for transport schemes using non-physical guidance systems. The change being proposed is intended to support innovation and the deployment and use of new and more advance technologies.

This consultation is primarily aimed at all parties with an interest in the construction and operation of guided transport systems.

Executive summary

Introduction

Orders made under the TWA can authorise guided transport systems in England and Wales. The TWA currently only allows for physically guided transport schemes to be authorised via this process.

Developments in technology mean that transport systems can now also be guided using non-physical means. Non-physical guidance could involve using simple sensor systems to detect paint or other road markings and direct a vehicle or more complex non-physical guidance using sensor systems to read the surrounding environment and direct a vehicle.

This consultation seeks your views on proposed changes to the TWA legislation to allow applicants in England and Wales, a route for consent to be sought for guided transport schemes using non-physical guidance systems.

How to respond

Please ensure that your response reaches us before the closing date.

Please send consultation responses by email to transportinfrastructure@dft.gov.uk. Where unable to do so you can send your response by post to:

Transport Infrastructure Planning Unit
Department for Transport
Floor 3, Great Minister House
33 Horseferry Road
London

SW1P 4DR

When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of an organisation, please make it clear in your response who the organisation represents and, where applicable, how the views of members were assembled in providing the response.

A list of those consulted is attached at Annex C. If you have any suggestions of others who may wish to be involved in this process, please contact us via our email or postal address.

If you require a copy of this consultation document in an alternative format (such as Braille or Audio CD) please contact us via our email or postal address.

Freedom of Information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department for Transport (DfT).

DfT will process your personal data in accordance with the Data Protection Act (DPA) and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

Confidentiality and data protection

DfT is carrying out this consultation to gather evidence in relation to a specific change in legislation to provide a route for authorising transport systems using non-physical forms of guidance, by way of a TWA order. This consultation and the processing of personal data that it entails is necessary for the exercise of DfT’s functions as a government department. If your answers contain any information that allows you to be identified, DfT will, under data protection law, be the controller for this information.

As part of this consultation, we’re asking for your name and email address in case we need to ask you follow-up questions about any of your responses. You do not have to give us this personal information. If you do provide it, we will use it only for the purpose of asking follow-up questions. If you wish to remain anonymous, please refrain from disclosing personal information that would make you identifiable.

DfT will process your personal data (name and address) and any other identifying material, in accordance with the Data Protection Act 2018 and your personal information will only be used for the purposes of this consultation. Your information will not be shared with third parties unless the law allows it. Your information will be kept securely on DfT servers and destroyed within 12 months after the consultation has been completed.

Consultation proposals

Background to the Transport and Works Act 1992

Section 1 of the TWA allows for orders to be granted in relation to the construction or operation of a transport system such as (one of the following kind):

• a railway
• a tramway
• a trolley vehicle system
• a system using a mode of guided transport prescribed by an order made under section 2 of the TWA in England and Wales^{[footnote 1]}

An order granted under the TWA is a statutory instrument that will give the applicant the necessary powers to construct or operate the guided transport system. Any decision to make an order is made by the Secretary of State for Transport for schemes in England and the Welsh Government for schemes in Wales.

Section 2 of the TWA allows the Secretary of State for Transport to make an order to prescribe other modes of guided transport systems that can be authorised by a TWA order. These guided transport modes are set out in the Transport and Works (Guided Transport Modes) Order 1992 (the ‘Guided Modes Order’).

Article 2 of the Guided Modes Order sets out what these prescribed modes are with an interpretation of these modes set out in article 3. What is common to all the currently prescribed guided transport systems is that they are guided through physical means.

The need for change

An update proposed to the Guided Modes Order is intended to reflect recent developments in technology.

The proposed legislative change would provide a route for authorising (if the application is approved by the Secretary of State for Transport or the Welsh Government) guided transport schemes wanting to take advantage of new technology that uses non-physical means of guidance. This might cover simple sensor systems that detect paint or other road markings to direct a vehicle, or more complex sensor systems which read the surrounding environment to direct a vehicle.

We are aware of one transport authority looking to apply for a TWA order for a guided busway using this new technology, where there is still a driver, but the system is guided by sensor technology.

If this proposed amendment is made it would also allow for TWA applications to be approved for the construction and operation of a transport system that uses fully autonomous vehicles (driverless vehicles using non-physical forms of guidance). The use of such vehicles would, however, be subject to them complying with the requirements of any other relevant legislation relating to the use of autonomous vehicles.

This consultation is not about making changes to the way that TWA applications are progressed or decided but simply about what types of guided transport modes the TWA should cover. Should the proposed change to the Guided Modes Order be approved, applicants wishing to seek a TWA order to authorise a scheme using non-physical guidance will be required to follow the same process to seek consent as all other schemes that fall to be considered within the TWA regime.

Safety

All vehicles using this new technology would have to comply with the requirements of any relevant safety legislation, data and cyber security legislation or approvals as they do at present.

For any guided busways or any other road-based system of guided transport, the Health and Safety Executive is the enforcing authority in relation to the construction and operation of these systems.

Vehicles operating on the public road, even for part of the route, would have to comply with the requirements of relevant road traffic legislation.

The proposed change

It is proposed that articles 2 and 3 of the Guided Modes Order is amended to include the following text:

Article 2

Road based with sensor guidance

Track based with sensor guidance

Article 3

“Road based with sensor guidance” means a mode in which the vehicles are—

a) capable of operating on a road; and b) guided wholly or mainly by means of sensors on the vehicles which, by reference to the vehicles’ external environment or to the receipt of electromagnetic information, provide data which is used to guide the vehicle.

“Track-based with sensor guidance” means a mode in which the vehicles are—

a) supported by means of a track or other structure not being a road; and b) guided wholly or mainly by means of sensors on the vehicle which, by reference to the vehicles’ external environment or to the receipt of electromagnetic information, provide data which is used to guide the vehicle

“electromagnetic” includes radio waves, microwaves, infrared, visible light, ultraviolet, X-rays and gamma rays.

Impact assessment

The Guided Modes Order is an enabling regulation only and the proposed change will allow for future applications under the TWA to include transport systems guided by non-physical means.

The proposed change will not impose any direct obligations or costs on industry, business or any other body and therefore an impact assessment is not required.

The consultation questions relating to the proposed legislative change and its impact are set out in Annex A.

What will happen next

All responses will be analysed and considered, A summary of responses, including the next steps, will be published within 3 months of the consultation closing, on GOV.UK. Paper copies will be available on request.

If you have questions about this consultation, please contact:

Colin Dunn

Transport Planning Infrastructure Unit

Department for Transport

Floor 3, Great Minister House

33 Horseferry Road

London

SW1P 4DR

Telephone: 07971 145 887
Email: transportinfrastructure@dft.gov.uk

Annex A: consultation questions

1a. Do you support or oppose a legislative change to allow for non-physical guidance systems to be authorised under the TWA? Support/Oppose

1b. If you oppose the above, please provide reasons for that view?

2a. Is the proposed legislative change sufficient or not sufficient to capture all forms of non-physical guided transport systems that are currently on the market or close to being placed on the market? Sufficient/Not sufficient

2b. If not sufficient, please specify what more you consider might be needed together with any necessary explanation or information in support?

3a. Do you have any safety concerns about authorising the use of new technology involving non-physical guidance systems via a TWA? Yes/No

3b. If you do have safety concerns can you provide an explanation regarding these concerns?

4. Please provide any other comments you may have regarding the use of non-physical guidance systems or the proposed changes to the Guided Modes Order?

Annex B: consultation principles

The consultation is being conducted in line with the government’s Consultation principles.

If you have any comments about the consultation process, please contact:

Consultation Co-ordinator

Department for Transport

Zone 1/29 Great Minster House

London SW1P 4DR

Email: consultation@dft.gsi.gov.uk

Annex C: list of those consulted

Local highway authorities in England
Transport bodies in England
Transport for London
Transport for Wales
Pinsent Masons
DLA Piper
Winckworth Sherwood
Womble Bond Dickinson
Eversheds Sutherland
BDB Pitmans
Burges Salmon
Sharpe Pritchard Urban Transport Group
Health and Safety Executive

1. The Transport and Work Act 1992 and its provisions only applies in England and Wales. Scotland has separate TWA legislation and in Northern Ireland planning consents are delivered by other means. ↩