NATIONAL Highways will not face any action from regulators despite its late completion of a road project which shut the A12 for 258 days.
Freedom of Information requests submitted by the Gazette to the Office of Rail and Road (ORR) show National Highways has not been fined for completing the Marks Tey to Stanway resurfacing scheme a year late and at least £11million over budget.
Statistics revealed in an FOI request to National Highways also show the total time the organisation shut the A12 to resurface the road came to 6,193 hours, or 258 days.
The ORR, which is the body responsible for monitoring National Highways' performance, has said it has no plans to fine the organisation for the late completion of the £44million scheme.
The ORR also revealed it has never fined National Highways for any project.
The Marks Tey to Stanway resurfacing scheme, which caused traffic misery for nearly two years, did not cross the threshold for a fine or sanction to be imposed, an ORR spokesman said.
He said fines are reserved for “serious, systemic non-compliance with statutory directions”.
A document titled ‘Holding Highways England to Account’, which is available on the National Highways website, added non-compliance with the national road investment strategy still would not guarantee a sanction.
It reads: “Where we find such non-compliance, this does not necessarily mean that we will take statutory enforcement action.”
A spokesman for the ORR said: “We understand the frustrations that road users have when a scheme is delivered late and over budget, and as National Highways’ regulator we expect the company to do all it can to deliver efficiently and minimise disruptions.
“We reserve fines for serious, systemic non-compliance with statutory directions or the road investment strategy, taking into account that the company is publicly funded by taxpayers.
“While we have not made a specific judgement on the A12 scheme, it is unlikely that it would meet the threshold for enforcement action, as set out in our Holding to Account policy.”
National Highways was contacted for comment, but did not respond by the time of going to press.
'Most private contractors would invite a cost or time penalty for this'
A RESIDENT who was forced to endure the A12 roadworks every day for two years has said there is no deterrent to prevent National Highways from completing projects late and over budget.
Steve Braund, who lives in Queensbury Avenue, Copford, criticised the Office of Rail and Road (ORR) after the Gazette revealed the regulator would not be imposing any sanctions on National Highways for completing the Marks Tey to Stanway resurfacing scheme one year late.
The project was due to be finished in late 2023 at a cost of £33million, but was only completed last month at a cost of £44million.
Asked whether he thought National Highways should have been sanctioned, Mr Braund, 71, said: “Most certainly.
“I drove down the A12 roadworks over a bank holiday weekend – nobody was working.
“There was thousands of pounds’ worth of machinery left idle, which would have been on hire – there was no management or control.
He continued: “The roadworks should not have gone on as long as they did.
“What’s the incentive to deliver the project in time and in cost?
“They can do it as cheaply as they can because there is no action against them if they overrun on time or cost.
“Most private contractors would invite a cost or time penalty – but apparently not the A12.”
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