This is the third penalty incurred by Openreach during a six-year period, taking its total fines to date to a total of £118,500. Previously, the firm was penalised £38,500 in 2012 and £30,000 in 2014 for failure to comply with Scottish Road Works legislation. Virgin Media, Telefonica, Vodafone and Energetics were also hit with fines for similar reasons.

These failings were identified by the latest Scottish National Coring Programme in which cores were taken to confirm that the companies had used the correct materials, layer depths and compaction, when filling in holes after laying pipes and cables.

Angus Carmichael, Scottish Road Works Commissioner, said: “Compliance with these duties is essential to protect the road network across Scotland. Failed reinstatements reduce the serviceable life of the road, leading to further road works to replace the failed sections, additional costs to roads authorities and unnecessary disruption and inconvenience to road users. Despite engagement with senior management in Openreach, performance has deteriorated from a pass rate of 72% to 69%.”

Improvement Essential

Deeming this level unacceptable Carmichael pointed out that major water, gas and electricity firms had achieved pass rates of 90%, maintaining their 2014 performance levels and thus demonstrating that improvement is possible and can be maintained.

Neil Greig, Policy and Research Director of Motoring group IAM RoadSmart, said: “We want to ensure mistakes made today will still be the responsibility of those who made them ten years down the line when the cost of repairs are much higher.”

“If that long term link is not made then councils will end up paying out even more, which will further hold up efforts to bring down the backlog of general repairs.”

Openreach’s Response

An Openreach spokesperson said: “We’re sorry our road works haven’t been up to scratch and we’re working hard to improve.”

“We’re being fined for works which took place back in 2015 and we’ve since appointed a new contractor for our civils work. We currently have the largest number of civils operatives we’ve ever deployed in Scotland to help deliver high-speed broadband services to the most far-reaching and difficult terrain.”

“While we expect high levels of civil works to continue in the next 12 months, we’re 100% committed to delivering quality reinstatements.”