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 any apparatus within the Highway shall be undertaken strictly on the dates and times previously agreed in writing by the Council. For the avoidance of doubt, apparatus under the jurisdiction of Warwickshire County Council includes, but is not limited to, pneumatic tubes, temporary radar devices, cameras, Bluetooth sensors, air quality monitoring equipment, and Automatic Number Plate Recognition (ANPR) systems. Permits shall be granted solely for surveys conducted under mobile working conditions and shall not extend to any activity requiring the implementation of temporary traffic management measures.
2. The Applicant shall fully indemnify and hold harmless Warwickshire County Council from and against any and all actions, proceedings, costs, claims, losses, demands, liabilities, and expenses of whatsoever nature, whether arising now or in the future, which may occur in connection with or incidental to the installation, operation, or use of the Apparatus pursuant to these terms and conditions.
3. The Applicant shall maintain public liability insurance with a minimum indemnity limit of £10,000,000 in respect of any one occurrence. Such insurance shall specifically cover activities undertaken on the Highway, including the placement, removal, and deployment of survey equipment. The Applicant shall, upon request by the Council, provide satisfactory evidence of the existence and validity of such insurance cover.
4. The Applicant shall ensure that all details provided in the application are accurate and complete. In the event of any inaccuracies or omissions, the Applicant may be held liable, in addition to the application fee, for any further reasonable costs incurred by the Council, including but not limited to administrative, legal, or other expenses arising in connection with the application.
5. By submitting an application for a permit, the Applicant expressly acknowledges, consents to, and agrees to be bound by all terms and conditions set forth in this document.
Price
6. A fee of £75.00 plus VAT shall be payable for each piece of equipment deployed on a single street, subject to the condition that the survey data is shared in a format compatible with the C2 Drakewell system. Warwickshire County Council shall, upon request, provide guidance regarding the required data format.
7. A fee of £125.00 plus VAT shall be payable for each piece of equipment deployed on a single street, subject to the condition that the survey data is shared with Warwickshire County Council.
8. A fee of £200.00 per piece of equipment deployed on a single street shall be payable in circumstances where the survey company declines to share data with Warwickshire County Council.
9. The fee shall be payable by invoice, which will be issued by Warwickshire County Council upon submission of the permit application.
Non-Permitted Survey Sites
10. In the event that any person is found to be operating without a valid permit, Warwickshire County Council shall take immediate action to require the removal of the Apparatus. Should the Apparatus not be removed as directed, Warwickshire County Council reserves the right to remove the Apparatus and recover from such person all reasonably incurred costs associated with its removal. Warwickshire County Council also reserves the right to initiate prosecution against any person operating without the requisite permit or licence.
11. Whenever Warwickshire County Council removes equipment for any reason, all reasonable efforts shall be made to identify and contact the owner. A notice shall be served on the owner confirming the particulars of the equipment, specifying its location, providing contact details, and outlining the procedure for collection, together with arrangements for disposal should the property remain uncollected within the prescribed timeframe. In addition, a standard notice shall be placed in the vicinity of the original installation site.
12. Warwickshire County Council shall not accept the inclusion or use of any data that has not been obtained under a valid permit within any Transport Assessment or transport study. Council officers will verify the status of such data during the review of submitted documents to ensure compliance.
Dangerous Equipment, Emergency Works and Complaints
13. If Warwickshire County Council identifies any equipment on the network that is considered dangerous or damaged in accordance with the Council’s standards, the Council reserves the right to remove such equipment immediately. Photographic evidence will be taken at the time of removal, and the equipment will be placed into secure storage. If the equipment is collected within seven (7) calendar days of removal, no charges shall apply. After this period, any reasonably incurred removal and storage charges shall be recovered. Should the equipment remain uncollected after thirty (30) calendar days, arrangements will be made for its responsible disposal.
14. The Apparatus shall be maintained in good repair and condition at all times so as not to cause nuisance, annoyance, or inconvenience to owners or occupiers of adjacent properties, or to persons lawfully using the Highway. The Apparatus shall only be secured using concrete bolts or screws and shall not be affixed using nails to fix down tubes.
15. All equipment deployed shall display a clearly visible sticker or notice stating the ownership details and providing appropriate contact information. Any equipment found within Warwickshire that does not comply with this requirement shall be subject to immediate removal by Warwickshire County Council in accordance with clauses 10, 11, and 12 above.
16. Additionally, whenever Warwickshire County Council removes equipment for any reason, a standard notice shall be served on the owner and placed in the vicinity of the installation site. The notice shall confirm that Warwickshire County Council has taken possession of the equipment and shall provide contact details for collection and arrangements for disposal if required. Photographic evidence will be taken to verify the placement of the notice.
17. Turning Counts (CTCs) shall be installed using cameras securely mounted on poles affixed to existing lamp columns. Radar units shall likewise be attached directly to lamp columns.
18. Where the Applicant intends to submit highway monitoring data as evidence to the Local Highway Authority or Local Planning Authority, the Applicant must provide documentary evidence of consent to attach equipment to any apparatus located outside the Highway extent. Such evidence shall be supplied at the time of submitting the permit application.
19. The Applicant shall take all reasonable steps to minimise disruption to residents and nearby schools during the installation and removal of equipment. Any complaints received, including those relating to noise, apparatus condition, visual impact, or privacy concerns, shall be referred to the Applicant for resolution. Warwickshire County Council reserves the right to remove the equipment should any complaint remain unresolved within twenty-four (24) hours.
20. In the event that equipment must be removed due to emergency works or acts of sabotage, the Applicant shall collect the equipment within four (4) hours. A new permit application shall be required; however, where the re-survey is undertaken at the same location on an alternative date, the Applicant shall be entitled to a permit at no additional cost. If such circumstances occur more than once, or if the location changes, a new permit fee shall apply.
21. Disclaimer: Where any survey location is situated within one-half (½) mile of HS2 works, Warwickshire County Council shall not be held liable if the Applicant is required to remove equipment during the survey. A new permit application will be required for an alternative location.
22. Disclaimer: The Applicant must consider prevailing weather conditions and avoid deploying surveys during periods of extreme weather that may materially affect traffic flows. Warwickshire County Council reserves the right to reject data collected under such conditions.
23. The Applicant shall include the relevant permit number when referencing or using any data for any application or submission.
24. If Warwickshire County Council determines that removal or alteration of the Apparatus is necessary for Highway works or safety reasons, the Applicant shall remove or alter the Apparatus at its own expense within the timeframe specified by the Council. Failure to comply may result in the Council undertaking such works and recovering all reasonably incurred costs. No compensation shall be payable.
25. Warwickshire County Council reserves the right to withdraw the licence at any time should the licensee fail to comply with these terms and conditions. Notice of withdrawal shall be served in writing and the licence fee shall be non-refundable.
Obtaining a Permit
26. Warwickshire County Council endeavours to respond to permit requests within one (1) working day. A minimum of seventy-two (72) working hours is required to process applications prior to installation. In urgent cases, applicants should contact trafficsurveys@warwickshire.gov.uk. Warwickshire County Council recommends allowing a minimum of ten (10) working days.
27. Warwickshire County Council will not accept retrospective permit applications under any circumstances.
28. No equipment shall be installed until written confirmation of permit approval, including the assigned permit number, has been received and full payment has been made.
29. The Applicant is responsible for ensuring the road is free from traffic management, roadworks, or events. Use of One Network is recommended. A new permit must be obtained if timings change.
30. Obtaining a permit does not guarantee data acceptability for planning purposes. Responsibility rests with the Applicant to assess the validity of data. Data collected without a valid permit will not be accepted.
Data Sharing Agreement
31. Where a data sharing agreement applies, data must be supplied within twenty-eight (28) working days. Failure to provide data in the required format will result in invoicing for the difference between permit fees.
32. The Applicant acknowledges that data may be disclosed under the Freedom of Information Act 2000 or Environmental Information Regulations 2004. Intellectual Property Rights in the data shall belong to Warwickshire County Council.
33. Data must be provided in “.txt” or “.dmp” format for ATCs and “.xls” format for CTCs. Guidance on C2 Drakewell formatting can be provided if required.
Data Protection
34. The Applicant shall ensure compliance with all applicable data protection legislation, including the Data Protection Act(s), GDPR, and the Information Commissioner’s guidance relating to surveillance equipment.
In Case of Emergency
35. The Applicant shall provide contact details for responsible persons available 24 hours a day while the Apparatus is within the Highway. Attendance at site should occur within two (2) hours of notification. Failure to comply may result in removal of the Apparatus at the Applicant’s cost.
Transport Analysis Guidance (TAG)
36. The Applicant must consider the Transport Analysis Guidance issued by the Department for Transport: