Terms and conditions
Background
(A) The Council is the Highway Authority for the area in which the licensee’s property is located.
(B) The licensee has indicated their wish to participate in the electric vehicle (EV) cable channel trial.
(C) The Council has agreed to install an EV cable channel outside the licensee’s property.
(D) It has been agreed that on the terms and subject to the conditions in this licence, the Council will allow the licensee use of the EV cable channel.
(E) This agreement is made under s178 of the Highways Act 1980, s111 of the Local Government Act 1972 and all other enabling powers.
Terms and conditions
1. Interpretation
The following definitions apply in this licence.
1.1 Definitions:
The licensee’s property: [Address as per application
]
EV cable channel: a channel installed in the highway by the Council for the temporary routing of an EV charging cable
EV charging cable: a cable connected to an EV charger and used to charge an electric vehicle.
EV charger: the unit installed on the licensee’s property and used to charge an electric vehicle.
2. Licence to use the electric vehicle cable channel
In consideration of:
(a) £1.00 paid by the licensee to the Council (the receipt of which is acknowledged); and
(b) the obligations on the licensee contained in this licence
the Council grants a licence to the licensee to use the EV cable channel by laying an EV charging cable from the licensee’s property through the EV cable channel to an electric vehicle for the purposes of charging an electric vehicle.
3. Licence period
This licence commences on the date of this agreement and terminates on the earlier of:
(a) 31 January 2027.
(b) Immediately on notice from the Council to the licensee if the Council has any safety concerns regarding the EV cable channel or the EV charging cable or EV charger or the licensee’s use of the same
(c) The expiry of not less than four weeks’ notice given by the Council to the licensee or by the licensee to the Council
(d) The expiry of any notice given by the Council to the licensee at any time on breach of any of the licensee’s obligations contained in this licence.
4. Licensee’s obligations
4.1 The licensee shall:
(a) Be responsible for acquiring and installing all equipment required for the charging of an electric vehicle (save for the EV cable channel) including the EV charger and associated cables.
(b) Ensure that the installation of the EV
charger meets all planning requirements.
(c) Ensure that all permissions necessary for the installation of the EV charger are obtained including those from any landlord of the licensee’s property.
(d) Ensure that at all times the EV charger meets all legislative requirements applicable to it from time to time and all electrical safety guidelines applicable to it from time to time.
(e) Ensure that the cable used in the EV cable channel is coming from:
(i) a power supply with a local earth spike; or
(ii) a device with a PME-aware PEN fault detection and protection device that can isolate all three conductors in any fault condition such as recent smart chargers equipped with O-PEN protection.
(f) ensure that electric vehicles are only charged from the licensee’s property if the EV cable channel is used in compliance with this agreement each time a vehicle is charged.
(g) ensure, or shall ensure that users of the EV cable channel ensure, that the lid of the EV cable channel is flat and flush before, during, and after charging a vehicle.
(h) ensure, or shall ensure that users of the EV cable channel ensure that while charging an electric vehicle, disruption to the highway shall be minimised and no obstruction to highway users is caused.
(i) ensure, or shall ensure that users of the EV cable channel ensure, that there is no loose cable along the public highway (including any road, pavement and verge) that could cause a trip hazard to pedestrians on the public highway, by making sure the EV charging cable is safely stored within the EV cable channel.
(j) ensure that the charging cable is removed from the EV cable channel when charging is complete, and that the EV charging cable is not left in the channel for any longer than is necessary to charge the vehicle.
(k) regularly inspect the EV cable channel:
(i) to ensure that it remains in good working order and the lid is correctly in the closed position; and
(ii) to remove any leaves, stones and other debris that may have built up in the EV cable channel.
(l) report any issues or defects with the EV cable channel to the Council as soon as reasonably practicable upon becoming aware of any such issues and shall not use the EV cable
channel whilst it is defective
4.2 This licence does not give the licensee the right to reserve a public parking space on the public highway. The licensee shall not place any ‘EV charging’ signs or obstructions (or similar) on or adjacent to the public highway.
4.3 The licensee shall indemnify the Council against all liabilities, costs, expenses, damages, losses and claims incurred or suffered by the Council arising out of or in connection with this licence, any breach of the licensee’s undertakings in this licence, the exercise of any rights given by this licence or the enforcement of this agreement. Such indemnity shall include but is not limited to any claim in respect of injury, damage loss or any third-party claim related to the use of the EV cable channel.