Terms and conditions
Application for a licence to install traffic counter apparatus on or over the public highway – terms and conditions
Section 50
Consent and Insurance
1. The placement and removal of the Apparatus in the Highway shall only be carried out on the days and times agreed in advance in writing by the Council. Warwickshire County Council includes, but not limited to, Tubes, Temporary Radar, Camera, Bluetooth, Air Quality and ANPR. Permits will only be granted for those surveys which are deployed under mobile working conditions and will not be subject to Temporary Traffic Management.
2. The Applicant hereby indemnifies Warwickshire County Council against all actions, proceedings, costs, claims, losses, demands, liabilities and expenses whatsoever which may arise at whatever time in connection with or incidental to the installation and/or use of Apparatus in accordance with these terms and conditions.
3. The Applicant shall maintain full public liability insurance cover for the minimum sum of £10 million in respect of any one claim and shall produce to the Council evidence of such insurance cover upon demand. The Public Liability insurance must cover working on the highway and deployment of survey equipment.
4. The Applicant must use correct details for the application. Should this not occur, the applicant may be liable, in addition to the application fee, for further reasonable costs for administrative, legal or other expenses incurred in connection with the application.
5. By applying for a permit, the applicant hereby consents and agrees to the terms and conditions, set out in this document.
Price
6. A fee in the sum of £100.00 is payable for the permit to carry out a survey on a single street, with the survey company agreeing to a data share, of Warwickshire County Council’s choosing. An additional sum of £50.00 per street shall apply in respect of any additional streets as described on the National Street Gazetteer, should a data share agreement be in place.
7. A fee in the sum of £200.00 is payable for the consent to carry out a survey on a single street, should the survey company not agree to a data share. An additional sum of £100.00 per street shall apply in respect of any additional streets as described on the National Street Gazetteer, should a data share agreement not be in place.
8. The fee must be payable by card and will be issued by Warwickshire County Council upon request of the permit application.
Non-Permitted Survey Sites
9. If any person(s) is found to be operating without a permit, Warwickshire County Council will take immediate action to direct them to remove their equipment. If the apparatus is not removed as directed, arrangements will be made for Warwickshire County Council to remove it and to recover any reasonably incurred costs in doing so, from that person(s). Warwickshire County Council reserves the right to prosecute any person(s) who operate without a licence.
10. Whenever Warwickshire County Council removes equipment for any reason, every effort will be made to identify and contact the owner and serve a notice on them confirming the particulars of the equipment, outlining where it is being kept, providing contact information and details for collection and arrangements for disposal of the property if not collected. A standard notice in close proximity to where the equipment was installed, will also be placed.
11. Warwickshire County Council will not accept the use of non-permitted data presented within any form of Transport Assessment or transport study. Warwickshire County Council officers will check whether data is permitted when reviewing such documents.
Dangerous Equipment, Emergency Works and Complaints
12. If Warwickshire County Council discovers any equipment on the network that is deemed dangerous or damaged, by Warwickshire County Council’s standards, we reserve the right to remove it immediately. To ensure transparency, Warwickshire County Council will take photographs as evidence for the removal of such equipment, and it will be placed into storage. Should the equipment be collected within 7 calendar days, no charges will apply. However, after this period, any reasonably incurred removal and storage charges will be recovered. If the equipment remains uncollected after 30 calendar days, arrangements will be made to dispose of it responsibly.
13. Apparatus shall be kept in good repair and condition so as not to be a nuisance or annoyance to owners or occupiers of neighbouring properties or to persons using the Highway. The Apparatus must only be fixed down with concrete bolts or screws and not be affixed using nails to fix down tubes.
14. All equipment deployed must have either a visible sticker or notice affixed, clearly stating the equipment's ownership and contact information. Any equipment discovered within Warwickshire that does not comply with this requirement will be promptly removed by Warwickshire County Council. Refer to clause 9,10 and 11 above.
15. Additionally, whenever Warwickshire County Council removes equipment for any reason, a standard notice will be served on the owner and placed near the installation site, indicating that Warwickshire County Council has taken possession of the equipment and providing contact information for collection and arrangements for disposal if necessary. Photographs will be taken as evidence to confirm the proper placement of the notice
16. Turning Counts (CTCs) must be cameras attached to poles, which is attached to lamp columns. Radars must be affixed to lamp columns.
17. The applicant, if intending to submit highway monitoring data as evidence to the Local Highway Authority/Local Planning Authority, must provide evidence of permission to attach equipment to apparatus when not located within the highway extent, please supply this when applying for permits.
18. The applicant must consider the local residents and nearby schools when installing and removing equipment. Any complaints, including but not limited to: noise, condition of apparatus, visual or privacy complaints by residents will be directed to the applicant. Warwickshire County Council reserve the right to remove the equipment if the complaint is not dealt with within 24 hours.
19. If any equipment needs to be removed due to emergency work or sabotage, the applicant must collect their equipment within 4 hours and the applicant will need to reapply for permit. Should this happen, the applicant is entitled to a new permit for the re-survey at no cost, in the same location, but on another day. Please consider timings as mentioned in clause 23 to 27. However, if it occurs twice or the re-survey location is changed, the applicant must pay for another permit. All re-surveys must have another permit.
20. Disclaimer: in reference to clause 17, if any location is within ½ mile of HS2 works, Warwickshire County Council cannot be held accountable if the applicant is asked to remove the equipment during the survey. Should this happen, you must apply for a new permit in another location.
21. Disclaimer: The applicant must consider the weather conditions and avoid deploying surveys during extreme weather periods that affect flows. Warwickshire County Council reserve the right to reject the validity of data collected during extreme weather events.
22. The applicant must submit the permit number when using any data for any application.
23. If at any time Warwickshire County Council considers that the removal or alteration of the Apparatus is necessary in connection with carrying out works to the Highway, or for the safety or protection of any persons or vehicles using the Highway, the Applicant shall, at its own expense, remove or alter the Apparatus in such a manner and within such a period as the Council may reasonably require. In the event the Applicant fails to comply with any requirement issued under this paragraph, the Council may itself remove or alter the Apparatus and recover the cost of so doing from the Applicant. No compensation will be payable by the Council to the Applicant in such circumstances.
24. Warwickshire County Council may withdraw the licence at any time if the licensee has failed to comply with these terms and conditions or conditions attached to the licence. Notice of withdrawal will be served on the licensee in writing and takes effect from the date of service as specified in the notice The licence fee will be non-refundable and if the Council is required to remove the apparatus, it will recover all costs in doing so.
Obtaining a Permit
25. Warwickshire County Council aim to respond promptly to all permit requests within 1 working day. For a smooth installation process, Warwickshire County Council require 72 working hours to process a permit application before the equipment can be installed. Warwickshire County Council understand that this timeframe may not always be feasible in urgent situations. In such cases, if the survey needs to commence sooner than the 72-hour window, the requester should contact trafficsurveys@warwickshire.gov.uk. While Warwickshire County Council will make every effort to respond as quickly as possible, due to the short notice, Warwickshire County Council cannot guarantee that a permit will be granted in time. However, Warwickshire County Council recommends allowing for a minimum of 10 working days.
26. Warwickshire County Council will not accept any retrospective permit requests, regardless of the reason behind them. Permits must be requested and approved before the equipment's installation.
27. No equipment is to be installed unless confirmation of the permit's approval, along with the assigned permit number, has been received. Furthermore, the necessary payment for the permit must be made to Warwickshire County Council before installation can proceed.
28. It is the applicant’s responsibility to ensure the road remains clear of any traffic management, road works or events. We recommend using One Network to check this and Warwickshire County Council hold no responsibility and fault for failure for any road works or emergency works. The applicant must re-apply for a permit for a sensible time period.
29. By seeking a permit, it is not implicit that the data would be acceptable in terms of evidence to support a planning application. As the authority permitting, Warwickshire County Council place the responsibility on the applicant to determine whether TTM, travel behaviours relating to educational holidays, weather events, traffic incidents will impact on the data collected. However, it should be noted that without a permit, traffic data will not be accepted by Warwickshire County Council highway authority.
Data Sharing Agreement
30. Should the permit include a data sharing agreement, you must provide the data within 28 working days. Should the data not be sent in the correct format proposed by Warwickshire County Council within the 28 working day period, Warwickshire County Council will invoice you for the difference of the fee for a permit without data sharing. Please refer to clause 6 and 7 above.
31. The Applicant understands that the data may be subject to requests under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and may be shared with third parties. The data is shared on the understanding that the data IPR belongs to Warwickshire County Council , and we may use as we see fit.
32. The applicant must provide data gained from permits in the format of either “.txt” or “.dmp” for ATCs and .xls format for CTCs.
Data Protection
33.The Applicant shall be responsible for ensuring that it has complied with all relevant data protection legislation and guidance, including the Information Commissioner’s ‘A Data Protection Code of Practice for Surveillance Cameras and Personal Information’, the Data Protection Act(s) and General Data Protection Regulations with particular reference to the use of surveillance equipment, data collection, storage and usage.
In Case of Emergency
34. The Applicant shall provide to the Council contact details for the responsible person(s) who must be available 24 hours a day whilst the Apparatus is situated within the Highway to deal with any problems or emergencies which may arise. The responsible person must ensure that in the event of such an emergency arising they will aim to attend the site of the Apparatus within 2 hours. In the event that the Applicant fails to comply with this requirement, the Council may itself remove or alter the Apparatus and recover the cost of so doing from the Applicant. No compensation will be payable by the Council to the Applicant in such circumstances.
Transport Analysis Guidance (TAG)
34. The applicant must consider the TAG Guidance set out by the Department for Transport:
35. Should the applicant fail to adhere to TAG, Warwickshire County Council reserve the right to remove their equipment as set out in clause 12 above and may be subjected to a penalty and actions as set out in clauses 9, 10 and 11.