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Reasonably practicable gritting question.

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sickpup
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PostPosted: 13:57 - 18 Dec 2011    Post subject: Reasonably practicable gritting question. Reply with quote

Had a small whoopsie this morning on some ice at low speed and when I went back to look at the scene it would appear that the road was only gritted VERY lightly if at all on one side and nothing on the other ie on a road running north to south only the west kerb had grit against it.
Also I travelled down a dual carriageway this morning on my side of the central reservation only one lane was gritted as opposed to two lanes on the opposite carriageway.

Highways act 1980 (as amended) section 41 (1a) states....

Quote:
In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.

So the question is can it be considered reasonable to only grit one lane on a dual carriageway or only one direction on a road with or without warning signs?
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MarJay
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PostPosted: 14:14 - 18 Dec 2011    Post subject: Reply with quote

Aren't you normally the first one to espouse personal responsibility in these kinds of situations?
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sickpup
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PostPosted: 14:26 - 18 Dec 2011    Post subject: Reply with quote

MarJay wrote:
Aren't you normally the first one to espouse personal responsibility in these kinds of situations?


I expect people to take responsibility for things within their control yes but unfortunately I am not responsible for gritting roads or making the decision to only grit one side of a main road. Fortunatly this taking responsibility for my own actions meant I was only doing approximately 10mph when I came off so no injuries or damage to personal equipment just a minimal amount to the bike. I had also driven down the other side of the road around 30 minutes before and there was no ice on that side yet I still drove at low speed 'just in case' upon my return.
You may remember I came off in the snow at Reading two years ago and didn't sue anyone as there was no one at fault and neither did I attempt to blame anyone else.

I should also point out I am among the first who will lay into a Governmental body who it would appear aren't doing their job.

Please refer me to a post where I have laid into someone for something beyond their control or advised someone not to make a claim when it would appear someone else has been negligent?
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Ingah
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PostPosted: 15:42 - 18 Dec 2011    Post subject: Reply with quote

I wouldn't say it is reasonable for you to expect that, ergo it would not be reasonable for them to do that. If it's bad enough that one side of road needs to be gritted - then both sides of the road need gritting!

I'm not a judge though. And even if i was, 2 different judges would give probably give 2 different answers Laughing
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Walloper
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PostPosted: 16:40 - 18 Dec 2011    Post subject: Reply with quote

The, 'reasonably practical', is the magic phrase.

I drove to from York last night. -1.5 C the main 1089 was gritted but the back road was not. My 'experience' advised I slooooow the fcuk down.

I think the advise for winter driving is proceed with care.

I wrote off a brand new bike coming off a roundabout when I went back after the event I noticed even in normal temperatures the road surface was like glass due to the aggregate being worn down by heavy traffic.
I did want to claim the council/Region/Some bastirt but then thought I was the twit on the gas and if I had been more cautious I would not have came off and landed on my arse.

I don't know if there is much mileage in a claim but possibly worth a shot.
The difficulty though is evidence. And after the event, ice all melted, without any credible witness you may be stuffed
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P.
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PostPosted: 16:59 - 18 Dec 2011    Post subject: Reply with quote

Gritters have 3 settings 10, 20 and 30.

They also have a 2m spreader on the back that "should" fling salt across 2 metres.

Usually depends on the severity of the weather report... some do a route once, some do it twice... in extreme cases they do it 3 or more times across an 8 hour period overnight.

Brother was a gritter lorry driver for well over 10 years and I've worked in his depot, must say it is a pretty risky job as it is, and I can understand where you are coming from, but they are given a route to do, given the lorry with the gritter back end, loaded with the correct salt and told to get on with it.

They do what they are told, they can only grit how and when they are told, you on the other hand can ride to the conditions. Would expect an experienced rider such as yourself to notice the road conditions far better than myself.

(In no way a dig at you... just an insight)
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sickpup
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PostPosted: 17:22 - 18 Dec 2011    Post subject: Reply with quote

Walloper wrote:
I don't know if there is much mileage in a claim but possibly worth a shot.


I agree there may be no mileage in a claim but in my experience Councils only sit up and take notice when they are threatened financially. Luckily the damage to the bike is minimal so money isn't really a consideration in this case.

Walloper wrote:
The difficulty though is evidence. And after the event, ice all melted, without any credible witness you may be stuffed


Not actually a problem in this case. I immediately (after finding it) phoned the councils emergency line to report I had a motorcycle accident due to ice on an ungritted/badly gritted road and noted the time and took the telephonists name. The damage to the bike with this also stands witness. Interestingly the Council has no reference system when taking these calls so isn't really set up to take them. I also took quite a few photos on the phone.

I have just re-ridden the road and the council has gritted again. It would appear that they are gritting in one direction only as there is only grit on one side of the road so where there is a right hand bend there is no grit on the inside of the corner exactly where I slid off.
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Walloper
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PostPosted: 17:22 - 18 Dec 2011    Post subject: Reply with quote

##Paddy## wrote:
Gritters have 3 settings 10, 20 and 30.


I thought they could only be set to:

1) Damage to paintwork

or

2) Damage to paintwork and any Unprotected flesh/knuckles etc.

Smile
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sickpup
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PostPosted: 17:40 - 18 Dec 2011    Post subject: Reply with quote

##Paddy## wrote:
Gritters have 3 settings 10, 20 and 30.

They also have a 2m spreader on the back that "should" fling salt across 2 metres.

Usually depends on the severity of the weather report... some do a route once, some do it twice... in extreme cases they do it 3 or more times across an 8 hour period overnight.

Brother was a gritter lorry driver for well over 10 years and I've worked in his depot, must say it is a pretty risky job as it is, and I can understand where you are coming from, but they are given a route to do, given the lorry with the gritter back end, loaded with the correct salt and told to get on with it.

They do what they are told, they can only grit how and when they are told, you on the other hand can ride to the conditions. Would expect an experienced rider such as yourself to notice the road conditions far better than myself.

(In no way a dig at you... just an insight)


I agree that it would not be the drivers fault, as you say they follow the proscribed route and don't deviate.

Keep in mind I was driving at around 10mph on a road going up a hill that I had ridden down half an hour earlier with a passenger with no problem and knew had been gritted yet I still kept it at 10mph due to the possibility of ice luckily. Keep in mind the question is it is reasonable to expect one side of a main road to be gritted but not the other?

Also keep in mind I gritted the road leading out of the Cul De sac myself with a shovel and grit from the streets grit bin just so I could push my bike uphill out to the main road just to be safe. I really do take this snow and ice thing seriously.

Don't worry, I wouldn't take an insightful post as a dig. Shocked

I'll just add a question here for you Paddy (if you don't mind) as you have experience. Would you expect a single one direction only gritting run on a road wide enough for three vehicles (1 line parked in places and one each way) abreast adequate?
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P.
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PostPosted: 17:59 - 18 Dec 2011    Post subject: Reply with quote

sickpup wrote:
I'll just add a question here for you paddy (if you don't mind) as you have experience. Would you expect a single one direction only gritting run on a road wide enough for three vehicles (1 line parked in places and oine each way) abreast adequate?


Don't mind at all.

As in this type of road?

https://maps.google.co.uk/maps?q=Lower+Stone+Street,+Maidstone&hl=en&ll=51.271689,0.524919&spn=0.00729,0.013797&sll=53.800651,-4.064941&sspn=14.118794,28.256836&vpsrc=0&hnear=Lower+Stone+St,+Maidstone,+United+Kingdom&t=h&z=16&layer=c&cbll=51.27159,0.524971&panoid=p9O70eU0EvAzvpFEiXHi7w&cbp=12,170.2,,0,11.34

This is directly outside my window, and as it happens I've just seen a gritter Laughing

They do 2 passes usually as this is a town centre, but they are always on the left, reason being the kicker at the back that aims the sand is usually facing right (which is why you'll see a flashing orange beacon on the right hand side of the gritter) If they change it to the other side they lift out the beacon and put on the other side (same beacons used on top of cones.)

Basically on the road above is considered a "wide road" and most depots have 2 types of back ends ... which are a pain in the arse to swap Laughing
These are the two types.

https://yesterdaystheory.pwp.blueyonder.co.uk/grit2.jpg

As stated on the image, it is supposed to be for residential areas and driven as much as it can be directly down the centre of the road to spread evenly and minimise damage.

https://yesterdaystheory.pwp.blueyonder.co.uk/grit1.jpg

This is the wider type, deposits it directly behind but also fires across the lane(s) which is why I time overtakes against a gritter on an NSL Laughing

Sorry if that doesn't answer the question, but its partly down to how they are gritting and the "dosage" per drop.

Should also add both have the round spinning object... just the residential has 2 going alternate ways and the wide road has them spinning anti clockwise only. The red line was purely to show the path.
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J.M.
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PostPosted: 23:21 - 18 Dec 2011    Post subject: Re: Reasonably practicable gritting question. Reply with quote

sickpup wrote:
Highways act 1980 (as amended) section 41 (1a) states....

Quote:
In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.


I've got no legal experience, nor have I read up on any more of the highways act, but here's my interpretation anyhow Laughing

Taking it literally I think about it being gritted to ensure that there is no snow/ice, i.e. making sure the road is safe to use. If a road is not safe to proceed across a highway, and the council know, then reasonable effort should be taken to warn road users of this.

It seems that the council acknowledged that the road was dangerous and gritted the road accordingly. However, as you say, they only gritted one side of this road. Personally, seeing the grit on one side of the road, I would naturally presume that the other side of the road would also be safe to use, but this would not be the case as there may be un-gritted black ice on this side of the road.

For this I am assuming that one lane of a high way is a safe passage. "Safe passage" to me sounds like it could be singular rather than plural, so it may be arguable that they provided a safe passage across this highway. Although under the interpretations act 1978, section 6 subsection c, you could argue back that this is infact plural and that they must provide more than one passage where appropriate. Or both lanes in your case.

Because the council acknowledged that road was dangerous but did nothing to clear the second lane or warn users about the second lane being dangerous then I would hesitate a guess that they did not attempt to make that road as safe as reasonably possible.

But then again, I'm talking out of my arse about how I interpreted that act; a kitten probably has better legal understanding than I! Twisted Evil
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sickpup
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PostPosted: 16:01 - 19 Dec 2011    Post subject: Reply with quote

Paddy

Thank you for the insight.
I suspect it was a residential gritter from your description of the grit spread but that it was driven on the left so as to not damage cars to it's right and then on the clear parts there just wasn't enough spread for it to cover the whole roads.
Although it is a main road with a bus route on it there are houses on both sides so is considered residential BUT the roads to the north are narrower and the roads to the south wider so I wonder if it was just a bad choice of appliance that caused the problem. Could well just be a bad choice in the logistics of the grit delivery.

This morning I put in a complaint to the Highways Department so hopefully regardless of any action this won't happen again.

Strange part of this is I have not encountered any problems like this in the 4 years I have ridden this road and have to wonder if it has been caused by the change this year to the latest Econ low level spreaders. Off the top of my head I rode this road last Christmas eve when it was -7 with no problems.
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Gothtec
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PostPosted: 17:05 - 19 Dec 2011    Post subject: Re: Reasonably practicable gritting question. Reply with quote

sickpup wrote:
Highways act 1980 (as amended) section 41 (1a) states....

Quote:
In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.

So the question is can it be considered reasonable to only grit one lane on a dual carriageway or only one direction on a road with or without warning signs?


There is also something about keeping the roads free from humps, bumps and pot holes.... They still spend money on sticking them in!!!!

They only have to show they tried!

Don't get me started on the H&S crap... Signs!!! Signs!!! Its cold and wet!!!! What do you expect the roads to be like? Expect them to be like ice rinks and ride as such!!!

Cant stand the "whats the government/council doing about it?" mentality - it sets a dangerous president!!! Helmets came first, now they look at vest, airbags, no meddling with bike, and ABS!!!

This is why Vison Zero is so attractive to the EU Bumocrats!!!

No bikes on the road = no accidents Mad

PS - I actually do hope you and the bike are OK... Smile
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sickpup
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PostPosted: 18:05 - 19 Dec 2011    Post subject: Re: Reasonably practicable gritting question. Reply with quote

Gothtec wrote:
PS - I actually do hope you and the bike are OK... Smile


I'm fine and the bike only has a scatched crank case cover and a very slightly bent crash bung but thank you.

My whole beef is that there was a stretch of road for about 50 metres with no grit and I just don't understand why and would prefer for it not to happen to someone else.
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Cunnington
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PostPosted: 21:31 - 19 Dec 2011    Post subject: Reply with quote

Glad to hear the damage isn't too severe.

Having worked for a local authority roads service, the standard response to a complaint would be to check whether the procedures drafted to ensure compliance with their statutory obligations had been followed.

If these procedures were to be challenged, cue a series of "expert" witnesses to establish the optimum gritting routes for the prevailing weather based upon the type of gritting plant employed etc, etc. By definintion, it is not practicible to ensure no ice forms on any road surface at any time, therefore there will always be an element of opinion involved.

Some more background:
The most effective means of deicing is to pre-grit, which stops the ice from forming. From distant memory it is something like 3 times as effective as spreading salt on ice.

Keeping the salt on the road is the next challenge it can get blown off by passing traffic (which is why some gritters have water tanks along the body - wetting the salt helps it stick to the road) or rain washes it off, therefore timing of the application of the deicing salt is critical, and the responsible authority will have an entire network to consider.

TLDR
I would expect that the onus would be on you to demonstrate that the responsible authority had failed to meet their statutory obligations. They will likely state that as they have followed their procedures designed to ensure, as far as reasonably practicable, that their statutory requirements were discharged, they are not at fault.
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Howling TerrorOutOfOffice
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PostPosted: 21:48 - 19 Dec 2011    Post subject: Reply with quote

If it's below -5 Celsius the effectiveness of rocksalt questionable.

Just thought i'd add that.
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Raffles
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PostPosted: 22:24 - 19 Dec 2011    Post subject: Reply with quote

I seem to recall a case a few years ago where a fellow totalled his car and attempted to sue the local authority for not clearing the snow/ice. I think that the men in wigs threw the case out saying something along the lines of it not being the authorities responsibility and that they could simply carry on doing as little as they pleased.
On the subject of the actual gritters, I followed one heading south down the M1 yesterday from Leeds and it was travelling down the middle lane (1st overtaking lane) spewing grit out to the left and to the right. When it reached South Yorkshire, just north of Barnsley, it stopped gritting and exited at the next junction presumably to travel back north and resume gritting the West Yorkshire section.
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Gothtec
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PostPosted: 01:30 - 20 Dec 2011    Post subject: Reply with quote

I actually dislike gritting, it takes responsibility for your own safety from yourself... But they don't allow snowchains etc on your vehicle so your stuffed on that point....

Its also why I need a cheap winter hack.... doesn't matter if I drop it Razz
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johnsmith222
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PostPosted: 04:37 - 20 Dec 2011    Post subject: Reply with quote

Gothtec wrote:
But they don't allow snowchains etc on your vehicle


Yes they do. Thumbs Up
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WannaBeDude
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PostPosted: 05:32 - 20 Dec 2011    Post subject: Reply with quote

Shit riding .................. again ! Very Happy

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Walloper
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PostPosted: 10:23 - 20 Dec 2011    Post subject: Reply with quote

Gothtec wrote:
I actually dislike gritting, it takes responsibility for your own safety from yourself... But they don't allow snowchains etc on your vehicle so your stuffed on that point....

Its also why I need a cheap winter hack.... doesn't matter if I drop it Razz


You will die (or kill some other poor cnut) on untreated roads.

Possibly because you are using treated roads you do not notice the vital need for treating winter roads.

No one really likes gritted roads but I'll be fcuked if I would look forward to riding or driving on iced roads.
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