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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 19:09 - 24 Nov 2003    Post subject: Ride all year round? Reply with quote
This could be interesting for you then...

Quote:

From October 2003, if you fall off your bike as a result of losing control on ice or snow, you will have a claim against the local authority.

New legislation has just come into force making it a legal requirement for the local authority as far as is reasonably practicable to ensure that passage along a highway is not endangered by ice or snow.

This is now covered under the Railways and Transport safety Act 2003 under section 111, which means that if snow or ice is forcast, the local authority cannot wait for icy roads to be reported, they will now have to be proactive otherwise they could and will be held liable.


Sounds like a good plan to me Smile

Last edited by Ste on 21:55 - 24 Nov 2003; edited 1 time in total
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McJamweasel
BCF Junkie



Joined: 22 Mar 2002
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PostPosted: 19:10 - 24 Nov 2003    Post subject: Reply with quote
Whoo!

/me goes out to drop my bike...
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T.C
World Chat Champion



Joined: 05 Nov 2003
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PostPosted: 21:46 - 24 Nov 2003    Post subject: Reply with quote
Now where was that copied from? Thanks, saves me having to type it all up again Wink
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 21:49 - 24 Nov 2003    Post subject: Reply with quote
T.C wrote:
Now where was that copied from? Thanks, saves me having to type it all up again Wink


Wink Smile

I assume this will also apply to cars?

And you said "making it a legal requirement for the local authority as far as is reasonably practicable to ensure that passage along a highway is not endangered by ice or snow. " I assume that means I can't expect them to be clearing the country lanes I have to go along everyday?

Definatly a step in the right direction Very Happy
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djr
World Chat Champion



Joined: 09 Nov 2003
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PostPosted: 21:51 - 24 Nov 2003    Post subject: Reply with quote
I once heard about this wonderful thing called the CLIPBOARD where you highlighted what you wanted to put somewhere else then hit the EDIT button then hit the COPY button then go to where you want it and hit the EDIT button and then hit the PASTE button, i just can't remember what it was called[ /sarcasm ] .

Before you all start flaming me it was meant as a JOKE Embarassed a jokes is where... Oh never mind, I'm going to bed. Laughing
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 21:57 - 24 Nov 2003    Post subject: Reply with quote
dav^^ wrote:
I once heard about this wonderful thing called the CLIPBOARD where you highlighted what you wanted to put somewhere else then hit the EDIT button then hit the COPY button then go to where you want it and hit the EDIT button and then hit the PASTE button, i just can't remember what it was called[ /sarcasm ] .

Before you all start flaming me it was meant as a JOKE Embarassed a jokes is where... Oh never mind, I'm going to bed. Laughing

I heard about this place call play school. I also heard someone escaped from there today Exclamation
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djr
World Chat Champion



Joined: 09 Nov 2003
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PostPosted: 21:59 - 24 Nov 2003    Post subject: Reply with quote
Me refrains from making the comment he was going to before he starts to annoy more people then he proberly already has.
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T.C
World Chat Champion



Joined: 05 Nov 2003
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PostPosted: 22:01 - 24 Nov 2003    Post subject: Reply with quote
Ste wrote:
T.C wrote:
Now where was that copied from? Thanks, saves me having to type it all up again Wink


Wink Smile

I assume this will also apply to cars?

And you said "making it a legal requirement for the local authority as far as is reasonably practicable to ensure that passage along a highway is not endangered by ice or snow. " I assume that means I can't expect them to be clearing the country lanes I have to go along everyday?

definitely a step in the right direction Very Happy


The local authority are responsible for all adopted roads under their jurisdiction, and if there is a liklihood of an accident occuring on a section of road which is subject to ice and snow regardless of whether you are on a bike or in a car, they can and will be held liable.

What we don't have at the moment is any case law in respect of the new regulations, so there will be quite a few test cases to iron out all the bugs and clauses, but in simple terms, they will be expected to clear the roads on a daily basis providing it is reasonably practicable if there is a chance of that road continuing to freeze.

Where the fun will be had is in determining what is "Reasonably practicable".
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Mrs_Hippy
The Pink Lady



Joined: 07 Jul 2002
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PostPosted: 22:03 - 24 Nov 2003    Post subject: Re: Ride all year round? Reply with quote
Wooosh!!!!

That was the sound of the council tax shooting up.


Ste wrote:
This could be interesting for you then...

Quote:

From October 2003, if you fall off your bike as a result of losing control on ice or snow, you will have a claim against the local authority.

New legislation has just come into force making it a legal requirement for the local authority as far as is reasonably practicable to ensure that passage along a highway is not endangered by ice or snow.

This is now covered under the Railways and Transport safety Act 2003 under section 111, which means that if snow or ice is forcast, the local authority cannot wait for icy roads to be reported, they will now have to be proactive otherwise they could and will be held liable.


Sounds like a good plan to me Smile

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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 22:54 - 24 Nov 2003    Post subject: Reply with quote
T.C wrote:
Where the fun will be had is in determining what is "Reasonably practicable".


Somewhere between what road users would like (ie, keeping the road safe) and what the council would like (ie, never).

They already have a duty to keep the roads clear for mud and the like.

All the best

Keith
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T.C
World Chat Champion



Joined: 05 Nov 2003
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PostPosted: 09:03 - 25 Nov 2003    Post subject: Reply with quote
Kickstart wrote:


They already have a duty to keep the roads clear for mud and the like.






You are right, but there was no legal obligation to keep the roads clear of snow and ice until now.
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P_J
Nearly there...



Joined: 24 Nov 2002
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PostPosted: 09:07 - 25 Nov 2003    Post subject: Reply with quote
Ste wrote:
...I heard about this place call play school. I also heard someone escaped from there today Exclamation


Hehehe Smile


What do/will the local authority class as being 'highway' though. I would guess at main roads throughout the towns/citys but what about regular streets. I have seen some of the wider streets (but shorter than my street) being gritted, never down my road though.

Have they set any rules or more importantly, exceptions yet. I would have thoght they have already looked into ways to avoid paying up compo claims.


PJ
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T.C
World Chat Champion



Joined: 05 Nov 2003
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PostPosted: 09:12 - 25 Nov 2003    Post subject: Reply with quote
P_J wrote:



What do/will the local authority class as being 'highway' though. I would guess at main roads throughout the towns/citys but what about regular streets. I have seen some of the wider streets (but shorter than my street) being gritted, never down my road though.






A highway is any road to which the public have access whether by payment or otherwise and is from pavement to pavement and includes any bridge over which the road runs.
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P_J
Nearly there...



Joined: 24 Nov 2002
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PostPosted: 09:20 - 25 Nov 2003    Post subject: Reply with quote
T.C wrote:
P_J wrote:



What do/will the local authority class as being 'highway' though. I would guess at main roads throughout the towns/citys but what about regular streets. I have seen some of the wider streets (but shorter than my street) being gritted, never down my road though.






A highway is any road to which the public have access whether by payment or otherwise and is from pavement to pavement and includes any bridge over which the road runs.


So it would be safe to say that any of the roads at all in the town should be clear from ice/snow etc?

That will cause them a few problems.

I doubt though, that everyone will know about these changes... unless they do try and make a claim and then get directed towards there local office. I suppose you do not really need to now unless you need to know.


PJ
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 13:13 - 25 Nov 2003    Post subject: Reply with quote
Roads in towns are generally ok, as are main roads IME.

Problems will come on shitty little country lanes like I have to deal with Sad
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JimboJ
Manc Pikey



Joined: 23 Aug 2002
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PostPosted: 17:38 - 25 Nov 2003    Post subject: Reply with quote
Another excuse for any old arsehole to make some money off the local council! watch people purposely crash their cars to get a better one Rolling Eyes Razz
/me plots Razz
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 17:51 - 25 Nov 2003    Post subject: Reply with quote
Ste wrote:
Problems will come on shitty little country lanes like I have to deal with Sad


You mean ones like this:-

https://www.alfa-pages.co.uk/BentBim/Cnv00012.jpg

Thankyou Mr Farmer.

All the best

Keith
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Mrs_Hippy
The Pink Lady



Joined: 07 Jul 2002
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PostPosted: 18:09 - 25 Nov 2003    Post subject: Reply with quote
the responsibility for mud is not the councils it is the person / group who caused it. The Council has the ability and a certain amount of duty to take action against these people.

T.C wrote:
Kickstart wrote:


They already have a duty to keep the roads clear for mud and the like.






You are right, but there was no legal obligation to keep the roads clear of snow and ice until now.

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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 18:18 - 25 Nov 2003    Post subject: Reply with quote
MrsHippy wrote:
the responsibility for mud is not the councils it is the person / group who caused it. The Council has the ability and a certain amount of duty to take action against these people.

T.C wrote:
Kickstart wrote:


They already have a duty to keep the roads clear for mud and the like.



You are right, but there was no legal obligation to keep the roads clear of snow and ice until now.


I know, and it has so far taken over a year and I still have not got any money from the farmers insurance company (although they have sent round an assessor. He still regularly leaves the road a total mess, although I no longer use that road for going to work.

The council did go and see him about it when it was just as bad the day after I came off and I complained again.

All the best

Keith
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 18:22 - 25 Nov 2003    Post subject: Reply with quote
Go and lay tarmac all over his field Smile Fair swap Laughing
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 18:25 - 25 Nov 2003    Post subject: Reply with quote
He would just take the cattle to another field even further away to make sure he got more mud and s**t on the road.

The worst of it is he could lead the cattle from one gate, straight across the road and into another gate. He seems to prefer to lead them several hundred yards down the road to go through an alternative gate.

All the best

Keith
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djr
World Chat Champion



Joined: 09 Nov 2003
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PostPosted: 21:32 - 25 Nov 2003    Post subject: Reply with quote
...Or we could borrow his tractor and start doing donuts in his field, would make a cool adition to the bcf dvd imo.
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