speed bumps on unadopted roads

[nicmarsh]

Are speed bumps, or other 'traffic calming' measures, on unadopted or private roads subject to any safety requirements?

I wonder as five weeks ago I was cycling on such a road and 'came a cropper' after not seeing a speed bump which I think was made of the same 'tarmac' as the rest of the road surface. It was also fairly small. There are several, different such humps and bumps on this road.

The resulting spill led to a bad and open break of both bones in my forearm, ambulance to A&E, two operations and four nights in hospital ! Alas being one of the millions encouraged to be self employed I have been out of work for the last five weeks and still have my arm in a very tight and uncomfortable cast. (Hoping this comes off this week coming after further x rays.)

I am pretty certain there are signs warning of these bumps; I can't get back to take a better look until I can drive but, although I sympathise with residents who have experience of speeding road users, I do think they are essentially unsafe and wonder if they are subject to any regulation?

[Heltor Chasca]

Nasty. I hope you heal and can get back to work comfortably. I'm self employed and understand your anguish. Have you got life assurance and critical illness cover?

I don't know what the regs or liability issues are. I did work on a road like this in the affluent suburb of Lansdown in Bath for 11 months. The local residents were fiercely protective of who parked where etc, and would come out and yell at any 'illegal' offenders although there were no signs or lines. I witnessed two vehicles take out the sumps of their cars literally righting one of them off. The drivers were met with silence when challenged about the horrendous state of the road and invisible humps. It was like the Wild West and the residents bent their 'rules' to suit.

I hope it turns out ok...b

[fastpedaller]

Have you got life assurance and critical illness cover?

Don't be too dramatic - it looks like the OP will make a good recovery
Seriously though - hope you heal well.
I think you could well have a case, There are certainly regs for public roads which stipulate no more than certain height (alas it would appear no regs on profile - so could be a kerb!), and that that have to be marked (yellow or white flashes?) for visibility. Even though these are on a private road, one would expect them to follow the guidelines in order to be 'safe'.

[Heltor Chasca]

Have you got life assurance and critical illness cover?

Don't be too dramatic - it looks like the OP will make a good recovery
Seriously though - hope you heal well.
I think you could well have a case, There are certainly regs for public roads which stipulate no more than certain height (alas it would appear no regs on profile - so could be a kerb!), and that that have to be marked (yellow or white flashes?) for visibility. Even though these are on a private road, one would expect them to follow the guidelines in order to be 'safe'.

That's ok I understand the joke. But any self employed person should consider cover. A friend, who was also a self employed gardener, died just over a year ago. His wife now finds finances very difficult with the mortgage and two young children. He had JUST cancelled his policy to make savings. [emoji852]️

[gaz]

Sorry to hear of your off, hope you have a swift recovery.

I do not know the legal situation in the event of a fall on a private road. I'd expect any reasonable expectations of public access to be a consideration. These may differ between private roads that "invite" public access e.g. supermarket car parks and private roads that "restrict" the public e.g. "residents only". If you are a CTC member call the accident helpline.

Standards for adopted roads here: http://www.legislation.gov.uk/uksi/1999 ... 025_en.pdf

[cycleruk]

Have a word with a solicitor or one of the accident claims companies.
To me, if normal access is expected onto private land, then the owner should make people aware of any hazards and keep them safe.
I also understand that the owner of a "private road" must shut the road at least once a year. (usually the users of the road are allowed to pass but their details are taken to show that the road has been closed.) This was the situation in a company I worked for who owned a road that was generally open to public access.

[nicmarsh]

thanks for the thoughts and advice; I have never taken out any insurance to cover loss of earnings and I suspect in this case it may well have not been worth it. I am not sure that you can insure 100% of your earnings being a sole trader and no doubt insurers would wriggle their way out in various ways. Hopefully soon I will be mended enough to get back to work!

[Bicycler]

I do not know the legal situation in the event of a fall on a private road. I'd expect any reasonable expectations of public access to be a consideration. These may differ between private roads that "invite" public access e.g. supermarket car parks and private roads that "restrict" the public e.g. "residents only".

I don't know for certain either but this sounds right. I do know a bit more about the Occupiers Liability Acts which treat trespassers differently to legitimate visitors or those exercising a right. Though that is not to say that a landowner does not have a duty of care even to trespassers.

An adopted road is a highway which the local highway authority (council) is responsible for maintaining. "Unadopted" can mean pretty much anything that isn't adopted, from a private road to a public road which the council is not responsible for maintaining. If it is a public highway speed humps shouldn't be placed in it without permission of the highway authority despite it not being adopted.

I also understand that the owner of a "private road" must shut the road at least once a year. (usually the users of the road are allowed to pass but their details are taken to show that the road has been closed.) This was the situation in a company I worked for who owned a road that was generally open to public access

This came up recently on here actually. It's a traditional practice and one way of showing that a road is not being dedicated as a public highway. Signage or a section 31 declaration would do the job equally well.

[mjr]

An adopted road is a highway which the local highway authority (council) is responsible for maintaining. "Unadopted" can mean pretty much anything that isn't adopted, from a private road to a public road which the council is not responsible for maintaining.

Just as an aside: some roads are unadopted because the highway authority has refused to adopt roads that don't meet their standards. Exercise extreme care whenever using such roads IMO... but I think they really shouldn't deliberately make booby traps like the speed humps in the opening post, so I'd consult a lawyer if I'd hit one like that.

[gaz]

I am pretty certain there are signs warning of these bumps; I can't get back to take a better look until I can drive ...

The streetview car may have been past, could be worth a look.

[Audax67]

Ouch. Scots friend of mine did that with a motor scooter, had to wear the kilt for six weeks in Edinburgh, the Windy City.

GWS.

[nicmarsh]

I am pretty certain there are signs warning of these bumps; I can't get back to take a better look until I can drive ...

The streetview car may have been past, could be worth a look.

good point!
yes at the start of the road it is signed as "private road" and there is a sign 'caution speed ramps'. I did feel it was reasonably signed; the bump that took me off maybe half a mile away from the initial sign - I cant tell as the streetview car went no further! - I am concerned that the bump is indeed dangerous due to its construction and invisibility rather than being warned !