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#1 Posted : 21 January 2006 12:04:00(UTC)
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Posted By bigwhistle
My local unitary authority refuses to fix a rather large pothole in the road as there are insufficient funds available. If a motorcyclist dies as a result are they liable under HSWA?
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#2 Posted : 21 January 2006 12:15:00(UTC)
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Posted By Charles
If the whole is to large why not fill it up with rubble and a mix of concrete.
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#3 Posted : 21 January 2006 12:23:00(UTC)
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Posted By Jonathan Sandler CMIOSH
Try Highways Agency not LA
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#4 Posted : 21 January 2006 12:31:00(UTC)
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Posted By bigwhistle
I suppose it could double as a latrine but im not sure that answers the question. The Highways Agency unfortunately only deal with major roads and motorways.
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#5 Posted : 24 January 2006 11:36:00(UTC)
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Posted By bigwhistle
Surely someone knows whether Roads owned and maintained by the Local Unitary Authority are subject to Sec 3/4 of HSWA.
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#6 Posted : 24 January 2006 12:15:00(UTC)
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Posted By Adrian Watson
Section 3 yes, sect 4 no! But you won't get it enforced.

Regrads Adrian Watson
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#7 Posted : 24 January 2006 13:43:00(UTC)
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Posted By RP
Tis, the Highways Act you need to refer to...
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#8 Posted : 25 January 2006 13:19:00(UTC)
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Posted By Steve Sanders
Why should HASAWA apply at all?

Steve
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#9 Posted : 25 January 2006 18:15:00(UTC)
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Posted By Stupendous Man
It doesn't - I think someone if just fishing around.....
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#10 Posted : 25 January 2006 19:53:00(UTC)
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Posted By Linda Crossland-Clarke
It'll soon get filled in if someone has an accident. In such cases make sure you have a mate who can take a photo of the pot hole with todays dated newpaper in the same photo....

Linda
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#11 Posted : 25 January 2006 20:13:00(UTC)
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Posted By M Darcy
The photos should be taken now measure the hole depth etc before there is an accident, oh and watch the traffic

malkie
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#12 Posted : 25 January 2006 20:15:00(UTC)
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Posted By M Darcy
inform the council about the hole, i'm sure they'll send 5 workmen to look into it, sorry
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#13 Posted : 25 January 2006 20:28:00(UTC)
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Posted By steven bentham
Bigwhistle

No.

HASAWA does not cover road traffic accidents, this is a matter for the Police.

Potholes in the road are not a H.S.E. matter. Some highways have very dangerous stretches that kill people every year and for a variety of reasons - but they are still not HASAWA matters.

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#14 Posted : 25 January 2006 20:42:00(UTC)
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Posted By John Murgatroyd
Unless it's a trunk road, dual carriageway or motorway, it's the local council or county council for that area.
It's not the police, unless there is a genuine cause for concern that an accident may result.
The council won't send any workers, most don't have any now. The work is done by private companies who have a contract to maintain and repair the highways in that area.
If the person/s repairing the road fall into it and are injured, or are involved in a RTA during the repair/s, then the HASAWA would apply. The police would also be involved then !
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