Holding National Highways to account

As part of its roads reform package, the government set up a new company to maintain, renew, operate and improve the motorways and main ‘A’ roads in England – this is National Highways (formerly Highways England). 

It set up a Watchdog –Transport Focus – to champion the needs to road users. Our role as the Highways Monitor is to hold the company to account and where necessary advise the Secretary of State. 

At a high level there are four main aspects to our role:

• to monitor how well National Highways is delivering against the Performance Specification, Investment Plan and aspects of its Licence, to publicly report our findings and to advise the Secretary of State;
• where we have concerns about the company’s ability to deliver against its requirements, to seek improvements and potentially levy a fine (together, 'enforcement');
• to advise the Secretary of State on the development of the next RIS, including advice on setting challenging and deliverable efficiencies; and
• to advise the Secretary of State on any other relevant issues.

The monitoring framework requires National Highways to publish extensive information on its plans and performance, and we make public our assessment of its operational and financial performance each year.

Further information as to the scope of our role is set out in a Memorandum of Understanding (MoU) between the Department for Transport (DfT) and ORR and statutory guidance. 

As part of our role we work with a wide range of stakeholders in the highways sector.

Our role requires us to build a strong understanding of the company, how it operates and its challenges and opportunities.

We work closely with Transport Focus to understand highways users' interests and priorities, and to determine whether the company is delivering on improved user satisfaction.

We also seek to engage other stakeholders affected by our role and National Highways' performance and efficiency – including road user groups, the supply chain and bodies representing those affected by the network. If you would like to get in touch with us please email us.

Our roads work is entirely funded by a grant from the Department for Transport (DfT). This is different from our rail safety and economic regulation activities that are funded by levying charges on the rail industry. These separate funding streams creates a clear distinction between our road and rail functions, and provide assurance to our funders. We have set up internal processes to ensure that there is clear delineation between resources spent on highways and rail.

The Department for Transport and the Treasury make decisions on our funding as part of each Spending Review.

Does ORR have any responsibilities for my local road?

No. Our statutory powers are limited to the strategic road network (SRN) in England – the motorways and major A roads for which National Highways is the highways authority. Any concerns about your local road should be directed to your local highways authority – usually your county or unitary council. If you live in a Mayoral Combined Authority,  it may also be a highway authority for key roads.

Can ORR do something about how a scheme or works undertaken by National Highways is negatively affecting me?

ORR does not intervene to resolve individual concerns or complaints about specific schemes or works.

Our role is to monitor National Highways’ performance and efficiency overall, and to hold the company to account where there are systemic or significant issues, or evidence that it is not complying with its legal obligations. In particular, delivery of the road investment strategy (RIS) and compliance with any statutory directions and guidance (SD&G) issued to it by the Secretary of State for Transport. This includes its licence.

Where the delivery or impacts of a scheme could indicate wider or recurring problems, we may consider these as part of our work.

If you are directly affected by roadworks or a scheme on the strategic road network (SRN), it is usually best to raise this with National Highways in the first instance.

What is ORR’s role on road safety? Is it responsible for investigating incidents?

ORR is not a road safety regulator. We do not investigate road traffic incidents or collisions.

Our role on safety is to monitor and hold National Highways to account for meeting the safety-related targets, requirements and commitments set out in the RIS and statutory directions and guidance (SD&G), including its licence.

Responsibility for investigating road traffic incidents sits with other bodies, including the police. Workplace safety on roadworks is regulated by the Health and Safety Executive (HSE). The Driver and Vehicle Standards Agency (DVSA) enforce vehicle safety standards. The Driver and Vehicle Licencing Agency maintain driver and vehicle records and are responsible for licencing. The Department for Transport (DfT) sets national road safety policy and oversees the collection and publication of road safety casualty data.

What does ORR do to make sure National Highways is keeping its roads clear of litter?

ORR monitors National Highways’ performance on litter only where it is included in the road investment strategy (RIS) or statutory directions and guidance (SD&G).

For the third road period (RP3, 2026-2031), National Highways has an untargeted performance indicator (PI) that measures litter on the strategic road network (SRN) using the grading set out in the Code of Practice on Litter and Refuse. We monitor and report on this as part of our annual assessment of the company’s performance.

ORR does not set litter targets and does not enforce litter legislation.

Compliance with the Code of Practice is a separate legal requirement under the Environmental Protection Act 1990, and enforcement responsibility sits with the relevant environmental authorities, not ORR.

How does ORR engage with stakeholders/the public?

Anyone can get in touch with us via our email inbox: highways.monitor@orr.gov.uk. 

We engage with a wide range of stakeholders to support our monitoring and regulatory work, including:

• gathering intelligence from stakeholders and the supply chain;
• considering evidence from Transport Focus, the statutory watchdog for road users;
• engaging with stakeholders where issues or risks are identified;
• publishing reports, including our annual assessment of National Highways’ performance; and
• attending industry events and meetings such as Highways UK.

Engagement is proportionate and risk‑based. It is focused on helping us understand whether National Highways is delivering what government has asked for and what taxpayers are funding.

How is ORR’s roads work funded?

We are ultimately funded by taxpayers, via a grant from the Department for Transport.

Can the RIS be changed once it has been agreed? What role does ORR play in that and is it clear what has been changed and when?

Yes. The RIS can be changed, but only by the Secretary of State for Transport, as set out in Schedule 2 to the Infrastructure Act 2015. Part 6 of National Highways’ licence explains how and when this happens in practice. 

ORR does not approve or make changes to the RIS. Our role is to:

• advise the Department for Transport on proposed changes, where requested;
• hold National Highways to account for delivering the RIS as formally set or varied; and
• report publicly on performance against the RIS, including where changes have been made.

Where the RIS is changed, we report against the revised position so that there is transparency about what National Highways is being held to account for.

I have a problem with how National Highways has treated me, can ORR help?

ORR is not a dispute resolution body.

However, information from road users and stakeholders can help inform our understanding of wider or systemic issues with National Highways’ performance.

If you have a complaint or concern about how National Highways has treated you, you should normally contact:

• National Highways directly; or
• Transport Focus – the independent watchdog for users of the strategic road network (SRN).