Fixed Penalty Notices (FPNs) and Non-Conformance: What Contractors Must Know Under the New Roads and Street Works Act
Fixed Penalty Notices (FPNs) and Non-Conformance: What Contractors Must Know Under the New Roads and Street Works Act
Carrying out street works comes with legal obligations, and failing to meet them can result in fines. Fixed Penalty Notices (FPNs) are issued by local highway authorities to enforce compliance and ensure that all works are done responsibly and lawfully.
If you’re a contractor, utility company, or asset owner, understanding why FPNs are issued, how much they cost, and what legislation applies can help you stay compliant and avoid avoidable penalties.
What Is a Fixed Penalty Notice (FPN)?
A Fixed Penalty Notice (FPN) is a financial penalty issued by the local authority when street works fail to comply with statutory requirements. It’s not just about ticking boxes—non-conformance can create safety risks, disrupt traffic, and damage public trust.
FPNs are intended to encourage better planning and responsibility when carrying out work on public roads and footpaths.
Reasons Why FPNs Might Be Issued
Some of the most common reasons an FPN may be issued include (but are not limited to):
- Failing to notify the local authority before the start of street works
- Inadequate or improper signage, lighting, or guarding at the work site
- Incorrect reinstatement of the road or pavement
(as outlined in the “Specification for the Reinstatement of Openings in Highways – 4th Edition”) - Overstaying a work permit or breaching agreed timescales
If any of the above non-compliances are identified, the local authority may issue a Fixed Penalty Notice to the asset owner where the works are taking place.
FPN Charges
- Standard charge: £120
- Discounted rate: £80 if paid within 29 calendar days
This tiered system incentivises timely payment and encourages cooperation with the enforcement process.
Key Legislation You Must Comply With
All FPNs are issued in accordance with the following legislation:
- The New Roads and Street Works Act (NRSWA)
- The Traffic Management Act 2004
- Street Works (Fixed Penalty) Regulations 2007
These laws ensure that works are coordinated, disruption is minimized, and safety is prioritised for road users and pedestrians.
Final Thoughts
Fixed Penalty Notices might seem like just another cost, but they’re ultimately about protecting public infrastructure and promoting accountability. With the right processes, planning, and awareness of legal obligations, contractors can avoid fines and deliver works more efficiently and safely.
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