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Ridiculous on the verging
I am getting increasingly annoyed at the growing number of dangerous objects I see placed by private individuals in order to keep motorists off their verges - the more dangerous the better, it would appear. I don’t want to go onto their precious turf (though are the verges always their property anyway?). But I may have to in the event I am forced off the road or if an accident/emergency vehicle needs to pass, in which case why should I face added injury to myself or my vehicle due to these, deliberately placed, obstructions? Many of these roadside menaces appear at local accident "hot spots" - just where you might have to leave the road through accident etc. Its not just motorists that are in danger either. They are a threat to all road users - cyclists, horse riders etc. What is the law regarding the placing of these things? Can anyone really just up and do it? Isn't prior official permission of some sort required? Who is legally responsible in event of damage, or would it prove a irresolvable grey area should a claim be made? I have given up trying to get any adequate response from my local council, so any idea where can I try now for some satisfactory answers?
Asked on 25 April 2009 by
Answered by
Honest John
If the verge is part of the householder's property he can do what he
likes, subject to local bylaws and restrictive covenants if the house is on an estate. If it's considered part of the road and under the responsibility of the council, then the council is responsible. Though verges are not considered "highway". There needs to be a test case where, for example, the widow of a cyclist whose head was smashed by such a rock or boulder, sues whoever put it there for £1,000,000 or so (what's the value if a life?). If successful there would be no need for criminal law to put an end to this form of selfishness. Come to think of it, a test case like this could hep to rid of some of the excess and very dangerous signage that litters the sides of our roads and endangers cyclists and bikers.
likes, subject to local bylaws and restrictive covenants if the house is on an estate. If it's considered part of the road and under the responsibility of the council, then the council is responsible. Though verges are not considered "highway". There needs to be a test case where, for example, the widow of a cyclist whose head was smashed by such a rock or boulder, sues whoever put it there for £1,000,000 or so (what's the value if a life?). If successful there would be no need for criminal law to put an end to this form of selfishness. Come to think of it, a test case like this could hep to rid of some of the excess and very dangerous signage that litters the sides of our roads and endangers cyclists and bikers.
Tags:
driving
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