Another speed hump Q

Another speed hump Q

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simpo two

Original Poster:

88,603 posts

278 months

Sunday 11th July 2004
quotequote all
Correspondence with local Council. I'd be grateful for any fresh input.

(To Highways Manager of Council)
I have a question about a speed hump...
The offending hump is a home-made concrete creation that has been constructed in two stages over the last fortnight in XXXX Road. I have known this road all my life - it's an unmade road and the 'hump' is immediately before a sharp 90 degree bend which would severely limit speed anyway. 'Self-enforcing' as they say.
I've noticed a number of things appearing along XXXX Road. First there was a sign saying 'Slow Children'. Then YYYY road developed a 10mph sign. And now the amateur speed hump. All are close to one house on the junction of these two roads, hence I suspect that may be the source.
Are such homemade road signs and street furniture legal? I hope you might be able to investigate and let me know.

(from Highways Manager of Council)

Thank you for the e-mail.
The signing issue is simpler to answer than the road hump. The signs, as they are not supported by any legal order as far as I am aware, are not legally enforceable and are probably more intended to encourage people to drive more carefully.
With regards to the "home made speed hump" I am a little unsure on who, if anyone, can put such measures in place in this private street. I do not know who has the right to maintain the road - it usually falls upon the frontagers but this can only be determined by studying the deeds of properties.

I would suggest that if residents are unhappy with the situation they should talk to the person(s) responsible for the hump or failing that take their own legal advice. Private Streets are never easy to deal with, there always seems to be variations depending on ownership and responsibilities of frontagers.

I hope this is helpful.

(To Highways Manager of Council)

Hello and thanks for the reply. I would agree with you on the signage; it's a pity residents can defile the appearance of the area but it hardly contravenes planning regulations I suppose.
Re the hump, ZZZZ District Council has never, as far as I'm aware, done anything to maintain the road although the sign says 'ZRDC' above it which I take to means that it's adopted by them. The hump is clearly home-made and whilst I'm tempted to take a pick-axe to it, some tattooed thug might come out to assault me. People who take the law into their own hands are usually best avoided, I've found.
I was rather hoping you or someone could ask the offender to remove it...?

(still waiting for reply)

>>> Edited by simpo two on Sunday 11th July 19:38

dimmadan

703 posts

276 months

Sunday 11th July 2004
quotequote all
Im a 'highways manager' also, and I agree with advice given. Issues on private streets are unchartered/rare territory, best to get legal advice as recommended. I have read articles argueing its illegal for residents to install speed humps on private streets. The highway authority have powers to take action on 'dangerous' installations even on private roads and the highway authority can take action to remove it if none is taken by the offender.

I know of a private street where the residents installed humps over the spec. The highway authority wrote to them explaining this however nothing more has been done and the humps are still there.(and thousands of sump marks) It probably would need a court case from a claimant to establish the legal situation, maybe someone has some case history hidden away?

On the same street they installed a savage 'trench' in the name of traffic calming and the highway authority did take action to get it removed due to the sheer number of complaints.

simpo two

Original Poster:

88,603 posts

278 months

Sunday 11th July 2004
quotequote all
Thanks for the reply. Obviously no-one's going to spend money going legal, so that's a dead end. But the sign carrying the name of the road is marked 'TRDC' - doesn't that mean the Council have adopted it or have some kind of responsibility?
TIA

dimmadan

703 posts

276 months

Monday 12th July 2004
quotequote all
If the road is adopted the highway manager would know. The 'TRDC' on the sign means little, it could just be information. If it is going through the adoption process only legal documentation would be displayed for a short period. Normally its the other way round, ie. 'This is a privatley maintained road'. It doesnt sound like its adopted or the Highway authority should be down there immediately removing the hump.

>> Edited by dimmadan on Monday 12th July 13:36

vetteheadracer

8,271 posts

266 months

Tuesday 7th September 2004
quotequote all
Simple answer.....avoid the street!

If you live on the street then approach the "suspected" hump installer and try reasoning with them.

simpo two

Original Poster:

88,603 posts

278 months

Tuesday 7th September 2004
quotequote all
Actually some of the local residents drew up a petition and sent it to him and the council. Remarkably he backed down and removed the hump, but did put together a quite lucid defence. He makes do now with some home-made '10mph zone' signs and 'Danger, slow children' or some such.

I think he owns a Cobra replica... I wonder how fast he goes up other people's lanes?

Will Power

137 posts

247 months

Thursday 14th October 2004
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There are maximum permissable dimensions for speed humps, this is reinforced by any occurence of damage to vehicles as a result and you may be able to have them removed. I would seek advice from a legal representative who specialises in this kind of matter.