S178 licence agreement - permit to use electric vehicle cable channel

What is section 178 of the Highways Act?

Section 178 states: "No person shall fix or place any overhead beam, rail, pipe, cable, wire, or other similar apparatus over, along or across a highway without the consent of the highway authority for the highway, and the highway authority may attach to their consent such reasonable terms and conditions as they think fit."

Why is the S178 licence needed?

To permit a cable to cross the public highway via a cable channel a S178 licence must be applied for by the resident.

• Conditions set out in the licence agreement below must be agreed to.
• Please read carefully before applying for the licence.
• Accepting and submitting the form confirms this agreement.

Indemnity and insurance cover

You agree that the Council won’t be blamed if anyone is hurt or anything is damaged or lost from the use of the electric vehicle (EV) cable channel.

The Licensee must maintain public liability insurance of not less than £5 million for any one claim. This could be through your car insurer, house insurer, or specialist third party insurer.

Licence fee

• The licence fee is £190
• This grants you a license to use the channel for two years.

The fee could be partially used to cover inspections and maintenance. After two years, this will need to be renewed via a new application to the Council.

S178 licence conditions

1. This S178 Licence does not authorise the Licensee to carry out any works on or alteration to the public highway. An approved contractor must carry out the installation of the EV Cable Channel via a S171 Licence agreement obtained by the Council.  The applicant is responsible for having the necessary requirements in place to allow charging of an EV. This includes an EV chargepoint, cables, and connections. Support will be provided by the EV cable channel supplier. The Licensee must have the correct permissions in place to proceed.
   
   
2. The Channel, once installed, will form part of the public highway, and will be owned by the Council.
   
   
3. The Licensee agrees that the Council will not be held responsible for any injury, damage loss, or third-party claim. Except if the claim comes from failure by the Council to maintain the Channel. The Licensee must inform the Council as soon as any damage to the channel is identified.
   
   
4. The Licence does not give the Licensee the right to reserved parking on the public highway. In particular, the Licensee must not place any object or notice on the highway to reserve a parking space. Having space next to the Licensee’s property, to clear the way for charging, is entirely at the Licensee’s risk. The Licensee agrees not to place any ‘EV charging’ signs (or similar) outside of their home.
   
   
5. The Licensee or person acting on their behalf must ensure at all times that no damage occurs to public structures, including any apparatus belonging to any statutory undertaker. Access to their plant must be allowed at all times.
   
   
6. The Licensee agrees to use the EV Cable Channel in the following correct ways:
   
   1. When the Licensee wishes to charge their vehicle, they should lift the lid of the Channel, insert the EV Charging Cable, and ensure the charging cable is fully enclosed in the Channel so that no cable overhangs or trails across the public highway.
   2. The Licensee should ensure the lid of the Channel is flat and flush before, during, and after charging their vehicle.
   3. The EV Charging Cable should be removed from the Channel when charging is complete and should not be left in the channel for any time longer than is necessary.
   4. The EV Charging Cable will not be trailed along the kerbside outside of the Channel for more than 2.5 metres from its kerbside end, and in no circumstances will trail a cable across the carriageway or footway.
   5. Whenever the EV Charging Cable has to travel up a wall or full step the Licensee should use cable clips or cable retainers to prevent loose cable becoming a trip hazard.
   6. The Licensee must park their car at least 2.5 metres away from metal-cased electrical street furniture such as lampposts and electrical cabinets or any other charging vehicle when using the Channel. This means if another vehicle is being charged within 2.5m of your vehicle that you must wait until it is unplugged before plugging in your vehicle.
   7. While charging the EV, the Licensee shall ensure no obstruction to vehicular and pedestrian traffic.
   8. The Channel will not be used for any other purpose than for use with an EV Charging Cable to charge an electric vehicle.
      
      
7. The Licensee’s responsibilities are limited solely to:
   
   1. carrying out visual checks to ensure that the Channel appears to be in good working order, including confirming that the lid is correctly in the closed position;
   2. keeping the Channel clear of any leaves, stones and other debris that may have built up in the bottom of the channel; and
   3. promptly notifying the Council of any issues.
      
      
8. For the avoidance of doubt, the Licensee must not undertake any maintenance or repair of the Channel or the public highway.
   
   
9. The Council retains responsibility for all maintenance and repair of the Channel as it forms part of the public highway.
   
   
10. Where damage to the Channel is caused by the Licensee’s misuse or breach of these conditions, the Council may recover the reasonable costs of repair.
    
    
11. The Licensee will report any issues or defects with the Channel to the Council by email to electricvehicles@cambridgeshire.gov.uk. If there is an immediate safety issue, the issue/defect will be reported by phone 0345 045 5212 (9am to 5pm, Monday to Friday) or the Police on 101 (outside of these hours).
    
    
12. The Licensee will inform the Council if they are moving house (at least one month before they move) so that the Licensee and the Council can agree transition arrangements to the new resident(s).
    
    
13. For the avoidance of doubt, this Licence is personal to the named Licensee and does not attach to, or run with, the property. The Licence automatically terminates on the date the Licensee ceases to occupy the property. The Channel must not be used by any new occupier or third party until a new Licence has been granted by the Council.
    
    
14. The Council may, on termination or expiry, take steps to disable or lock the Channel to prevent unauthorised use, and the Licensee agrees that such action may be taken without liability to the Council.
    
    
15. Use of the Channel by any third-party following termination is unauthorised and entirely at their own risk. The Council shall not be liable for any loss, damage or injury arising from unauthorised use of the Channel.
    
    
16. The Channel can only be used if the cable is connected to a professionally installed electric vehicle specific chargepoint, that has an in-built protective earth neutral (PEN) fault device. Use of a standard three pin plug socket is not approved/allowed. It is vital that a suitable, and to relevant standards, earthing system is installed.
    
    
17. The Council has the right to withdraw the Licence issued if:
    
    1. Any of these conditions are not adhered to; or
    2. It is necessary in order for the Council or any statutory provider of services, who has a right to place these in the pavement, to carry out works to the pavement in the vicinity of the Channel.
    3. The Council reserves the right to amend these Conditions as legislation, policy and regulation evolves.
       
       
18. The Council may terminate this Licence in the following circumstances:
    1. where the Licensee has materially breached these conditions and, where capable of remedy, has failed to remedy the breach within 28 days of written notice;
    2. where works are required by the Council or by a statutory undertaker in the vicinity of the Channel such that continued use is no longer safe or practicable; or
    3. upon the Licensee vacating the property.
    4. where the Council identifies an immediate health or safety risk, in which case the Licence may be suspended or terminated with immediate effect, and we reserve our right to recharge our costs;
       
       
19. The Council may also withdraw the Licence if continuation would conflict with changes in legislation, national guidance, or adopted Council policy.
    
    
20. This Licence is granted for a period of two (2) years. Renewal is not automatic and is subject to:
    
    1. a satisfactory inspection confirming the Channel remains in a safe and serviceable condition;
    2. continued compliance with the Licence conditions; and
    3. any updated policy or fee structure adopted by the Council at the time.
    4. the Licensee contacting the Council before the expiry of the Licence to request renewal.
       

       Nothing in this Licence means the Council must renew the Licence.
       
       

21. The Council or any other Statutory Undertaker are not liable in any way to pay the Licensee for any period where the Channel is not available to use. This includes required maintenance or repair, or work that either the Council or a statutory undertaker is doing near the Channel. In such instances, charging cables must not be trailed over the footpath. Alternative charging solutions must be used.
    
    
22. The Licensee must be satisfied that all consent is in place for the EV chargepoint installation on the Licensee's property. This Licence does not remove that need. This includes but is not limited to planning permission. The resident is responsible for checking this requirement with the Local Planning Authority.
    
    
23. If you let anyone else charge a vehicle using your electricity supply and Channel, you remain liable. The agreement is between you and the County Council. You are responsible for making sure it is used correctly.
    
    
24. The Licence issued is part of a trial. You will be asked to provide feedback to the Council. Topics will include; the channel product, how you use it, how well it works, and your overall experience of the trial.
    
    
25. When you apply for and accept a Licence for an electric vehicle Cable Channel, you must provide personal details.  These details are essential to manage the trial. How this information is used and protected is set out in the Council’s Highways Privacy Notice.
    
    
26. The Council is the Data Controller for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018.
    
    
27. The Council will process the personal data provided in connection with this Licence for the lawful basis of performing a task carried out in the public interest and in the exercise of the Council’s official authority (Article 6(1)(e) UK GDPR). This includes the administration, monitoring, inspection, and enforcement of this Licence.
    
    
28. Personal data may be shared with the Council’s approved contractors and the Channel supplier. It will be used for handling applications, installations, inspections, and dealing with any issues that occur during the term of the Licence.
    
    
29. Personal data will be stored in line with the Council’s Highways retention schedule. The Council holds data for as long as needed to meet the local authority legal requirements.
    
    
30. If the Council finds out that your personal information is being used more than it needs to be for this Licence, it will carry out a data protection impact assessment (DPIA). If needed, the right rules will be out in place to keep your information safe.
    
    
31. The Council’s Highways Privacy Notice sets out more information on how personal data is used and protected.

Applying for a S178 licence

The trial has not yet launched. A S178 licence can only be applied for once the trial is live and you have secured a place through an approved application with the approved supplier.

The application form will be made available when the trial is launched.