One of many two roads going into my village has been closed for 9 days with a giant crimson discover saying ‘street closed’ regardless of me by no means really seeing anybody engaged on the street.
There’s a recurrent downside with a burst water primary. I’ve nipped previous the street closed signal on my bike with completely no downside. I used to be using at about 20mph, as a result of the very last thing I need to do is hit some bloke engaged on a watermain.
Now a busybody has put an image of me on the village Fb web page and has instructed the whole village that I used to be breaking the legislation and has reported me to the police. Have I really dedicated an offence?
Paul
Have you ever dedicated an offence? Most likely, however not undoubtedly. If I put up a ‘street closed’ signal on the freeway, you possibly can experience previous it as a result of I’ve no energy to place up a street signal prohibiting something. So, the do-it-yourself indicators we generally see put up on inexperienced lanes can safely be ignored.
It is rather seemingly that the water firm has a street closure order made beneath the 1984 Street Visitors Regulation Act which, if made by the native freeway authority, is lawful and binding. If the signal meets the foundations set out for street signage (they usually virtually all the time do), and it’s authorised by the highways authority, then failure to adjust to the signal is an offence (beneath part 36 of the 1988 Street Visitors Act). The offence is a three-point endorsement in your licence.
Nevertheless, if you wish to get into the weeds (not that this Fb put up and photograph is prone to lead to a prosecution), part 36(2) of the Act says that the signal should present the statutory provision by which it was positioned on the street. This implies there should be a lawful street closure order. You’re entitled to ask the prosecution for proof of this lawful energy, however this isn’t tough for them to show.
The offence is roofed in Schedule 1 of the Street Visitors Offenders Act which signifies that, with the intention to be prosecuted, the registered keeper of the car concerned should be written to inside 14 days by the police. If 14 days have expired, you’re within the clear. If the police get entangled (which is unlikely) a discretionary ban is offered for failure to adjust to a street signal.
Nevertheless, remember that driving by means of street closed indicators can have devastating penalties for street employees. I’m not with out a contact of sympathy to your cautious using by means of a pointless street closure, however I’m additionally conscious of the truth that folks bringing water to your village are entitled to work safely and with out dodging visitors.
Andrew Dalton
Journey Bike Rider March/April 2023
