SPEED BUMPS - the law and the damage caused?
Discussion
It seems like overnight one of my local roads has grown about six speed bumps all of which I can hit!!
Having just contacted the Highway Authority, did you know that the Maximum height is 100mm and the minimum 25mm for further details go to their web page www.hmso.gov.uk, Highway Regulations (Road Humps) 1999,Statutory Instrument no. 1025.
Interesting but worrying reading.
If a PRODUCTION car has an exhaust system less than 100mm, mine is about 85mm who should be responsible for any damage? have there been any "test cases" to anyones knowledge or doesn't it count if the car was made before 1999?
Having just contacted the Highway Authority, did you know that the Maximum height is 100mm and the minimum 25mm for further details go to their web page www.hmso.gov.uk, Highway Regulations (Road Humps) 1999,Statutory Instrument no. 1025.
Interesting but worrying reading.
If a PRODUCTION car has an exhaust system less than 100mm, mine is about 85mm who should be responsible for any damage? have there been any "test cases" to anyones knowledge or doesn't it count if the car was made before 1999?
Whereas I cannot give an answer, I would like to keep this topic in the forefront to see if anyone can! The village where my parents and in laws live has also sprouted speed bumps which I cannot get over, so now I can only visit them in my company car. Surely this cannot be right.
Come on guys - lets have some answers?
What about posting this to a wider audience??
Dave M
Come on guys - lets have some answers?
What about posting this to a wider audience??
Dave M
Don said: I find it stunning that a Type Approved car cannot get over the top of a "Government Standard" speed hump. Inconsistency or what....!
Unfortunately the likelihood of getting a hump removed and a legal precedent set on such a basis is the same as me becoming pregnant.
Although there's always "Mr B" to help with the latter and that builder with a JCB for the former.
And I am also interested in the situation where the road is privately owned (by a big, nay the biggest, Scottish mutual life assurance company) with three WHOPPERS that you'd have to pay the gross domestic product of China for in a burger bar.....
Thanks for the comments.
This doesn't appear to be a new subject, there is a good thread called "Bloody Speed Bumps" dated 17th Dec. 2002. It would seem that at least one Council paid up for damage as it was cheaper than going to court.
Just gone by "my" bumps again (in different car)and noticed NO warning signs are up which should be if area is 30mph which it is - worth a challenge? - I wonder? I'm convinced also they are higher than the legal 100mm - get me coat (Yellow one) and will measure.
This doesn't appear to be a new subject, there is a good thread called "Bloody Speed Bumps" dated 17th Dec. 2002. It would seem that at least one Council paid up for damage as it was cheaper than going to court.
Just gone by "my" bumps again (in different car)and noticed NO warning signs are up which should be if area is 30mph which it is - worth a challenge? - I wonder? I'm convinced also they are higher than the legal 100mm - get me coat (Yellow one) and will measure.
RichardR said: If you've got legal expenses cover on your insurance, you could always try ringing the number given and see if they can give any advice - they probably won't, but it might be worth the price of a phonecall?
I still do a little RTA legal expenses work as part of my case load - let me look into this a little bit and see if there is any case law on the subject.
Schnozz - thanks for the information given. I have briefly looked at the web pages and it would seem firstly that the info. the Highway Authority gave me ie for 1999 was only on the specific point of "heights" of speed humps and 100mm (4") is the maximum. It would seem that as far back as 1990 and possibly even before that speed humps and their heights were in Statutory Legislation.
This being the case it beggars the question as to why manufacturers (in out case TVR) produced vehicles with an exhaust system unable to clear 100mm (4")!
"Signs" should apparently be displayed warning drivers of their approach to Speed Humps, at the moment "mine" are not signed but this may simply be because the authority "haven't finished yet"
This at the moment raises more questions than it answers.
Any other PH's know of humps without signs - have I missed something?
Don't now know which way to go, perhaps get the exhaust ripped of and take up the challenge?
Thanks again
John Mac
This being the case it beggars the question as to why manufacturers (in out case TVR) produced vehicles with an exhaust system unable to clear 100mm (4")!
"Signs" should apparently be displayed warning drivers of their approach to Speed Humps, at the moment "mine" are not signed but this may simply be because the authority "haven't finished yet"
This at the moment raises more questions than it answers.
Any other PH's know of humps without signs - have I missed something?
Don't now know which way to go, perhaps get the exhaust ripped of and take up the challenge?
Thanks again
John Mac
I'm sure I read somewhere that the ground clearance for the S is 5", but I can't remember whether this was in the handbook or in the bible.
John Mac said: This being the case it beggars the question as to why manufacturers (in out case TVR) produced vehicles with an exhaust system unable to clear 100mm (4")!
I haven't checked the exact height with a tape measure, but the lowest point on my S is the bottom of the exhaust downpipes, just behind the front wheels. I think that even if the clearance is technically sufficient, the grounding out problem occurs because of the suspension dipping slightly as the front wheels leave the bump - this coincides with the exact location of the pipes, hence the requirements for S drivers to p1ss of all following cars by crawling over humps at 0.5mph!
John Mac said: Don't now know which way to go, perhaps get the exhaust ripped of and take up the challenge?
Thanks again
John Mac
I had a chat with a couple of people in the office to see if anyone had been successful in such a claim. There was a positive response in a case where a group of neighbours had compiled about 30 complaints over a period of 3 months and nothing was done. Once the Summons was issued the Highways Authority agreed to pay (albeit never admitted liability). I dont know if the humps were in line with the regulations unfortunately which would have been helpful to know.
I have not come across any case law covering similar cases and would guess most of cases brought would be of small (!) value (less than £5k) and therefore not reported.
RichardR - yes, the Bible page 91 says " with a clearance of 5" to 6" the exhaust system can be grounded by cornering hard, bumps in the road, sleeping policemen and other traffic calming measures" - so TVR appear to be in the clear although I cant see how I could ever get 6" clearance !! agreed my springs have probably got tired but not that much.
Schnozz - I know only last week a set of "humps" were agreed to be moved as they were causing more accidents due to them being there than previously, I don't know if damaged exhausts applied in that case.
Schnozz - I know only last week a set of "humps" were agreed to be moved as they were causing more accidents due to them being there than previously, I don't know if damaged exhausts applied in that case.
I'm sure I read somewhere that there is no law determining the minimum ground clearance for your car. If I'm correct then it would be the fault of the authority if they cause damage to your car. There's a street in Leicester where the residents complained and the council dug them up and took them away because cars were grounding. This seems to be the way to get rid of them if they are on your doorstep?
Could depend on who was there first, the drive or the pavement. If as you say you have an apex to go over are you therefore going down into a sloping drive if so and you lower the kerb I would have thought this would have made it worse. Maybe its just that you have a low exhaust! You could try a phone call to the council.
Somewhat relevant, perhaps, a few years ago, the local commissars started buggering around with the kerbs near my mother's place.
I remember feeling then that my then 928 might not quite make it but resolutely, albeit extremely slowly, proceeded to graze the underside as I mounted the driveway.
Fortunately, nobody was mortally wounded and indeed, within days of my phone call, the local diggers were there, sorting it out.
Nevertheless, I was most preturbed yesterday, to find even the stodge of Lexian lard protesting as it hauled itself o'er the Eiger of the latest sprouting of local anti-car lobby symbols.
If these were less than 100mm I'll be amazed; looks like Diablo ownership is looking even LESS likely!
Couldn't you just behead some of the little Napoleans that approve these measures?
The dogs.
I remember feeling then that my then 928 might not quite make it but resolutely, albeit extremely slowly, proceeded to graze the underside as I mounted the driveway.
Fortunately, nobody was mortally wounded and indeed, within days of my phone call, the local diggers were there, sorting it out.
Nevertheless, I was most preturbed yesterday, to find even the stodge of Lexian lard protesting as it hauled itself o'er the Eiger of the latest sprouting of local anti-car lobby symbols.
If these were less than 100mm I'll be amazed; looks like Diablo ownership is looking even LESS likely!
Couldn't you just behead some of the little Napoleans that approve these measures?
The dogs.
Whatever happened to those new speed bumps they developed?
There were spring loaded I think, with a speed sensor prior to the bump. If you drove over at 30mph it would remain flat, but go any quicker and the speed bump would raise.
Probably to expensive and sensible for road "safety" to authorise!
There were spring loaded I think, with a speed sensor prior to the bump. If you drove over at 30mph it would remain flat, but go any quicker and the speed bump would raise.
Probably to expensive and sensible for road "safety" to authorise!
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