Rank: Forum user 
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Dear All
Sometime ago on the forum there was discussion in regards to using black & yellow tape rather than red & white as it help with people with sight problems. Can anybody direct me to a document or article where this is shown.
Reason behind this is that a friend of mine has received a fine form a local authority as he used black & yellow on scaffold standards and they insists he must use red & white .....
Any help would be appreciated as it's not so much the fine amount but more that they do not seem to recognise the reasons he used the tape.
Regards
PaulR
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Rank: Super forum user 
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Rank: Forum user
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Hilary
Many thanks for the response and I agree with your comments.
Regards
PaulR
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Rank: Super forum user
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hilary wrote:http://www.scaffoldersforum.com/nasc-national-access-scaffolding-confederation/22556-nasc-implementing-use-black-yellow-hazard-tape-scaffolding-ar.html
There's a forum discussion on it (link above) but a fine sounds like someone is trying it on with him. I would challenge that.
If it contravenes the requirements specified in the scaffold license granted by the council then a fine is quite possible.
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Rank: Super forum user 
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This is the link to the story as posted on the NASC website back in 2012, might be worth contacting them direct fo their advice/feedback?
https://www.nasc.org.uk/...ellow_hazard_tape_change
I'd also suggest forwarding the link to the enforcing authority (every chance they've not heard about this and you'd like to think they'd reconsider their standpoint regarding fining your friend)?
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Rank: Super forum user 
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Rank: Super forum user
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Rank: Super forum user
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Are we missing some information here? No council in the land has jurisdiction to impose a "fine". Only a lawfully convened Court can do that.
Jon
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Rank: Super forum user
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John M wrote:Are we missing some information here? No council in the land has jurisdiction to impose a "fine". Only a lawfully convened Court can do that.
Jon
Section 169
Highways Act 1980
Permit to erect scaffolding or other relevant structure on the highway
Terms and Conditions
In applying for a permit to place scaffolding or other relevant structure on the
highway, the scaffolding company
and hirer of the scaffolding agree to the terms and conditions noted below:
Scaffolding/h
oarding is erected to provide safe working conditions for those involved in building works. However, it should
be noted that the cond
itions laid down by the relevant sections of the Highways Act 1980 are for the protection of the
public and powers exist to enforce them by the stopping of work on a scaffold or by the ordering of the scaffold/hoarding
to be dismantled should the condition
s not be complied with. Should a person fail to comply with the terms and conditions
of the licence he is guilty of an offence and liable to a fine under Sections 169(5) of the Act
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Rank: Super forum user
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Interestingly neither colour tape meets Chapter 8 (2009 edition - available on gov.uk):
Traffic Safety Measures and Signs for Road Works and Temporary Situations
Part 1: Design D3.43.2 / Part 2: Operations O3.28.2
Where scaffolding or other type of temporary structure must be erected on or adjacent to a footway, or any other part of a roadway or highway, it is essential that its presence is made clear to visually impaired people as required by the Highways Act 1980 (Roads (Scotland) Act 1984) and Chapter 43 of the Disabled Persons Act 1981. Each tubular support should be provided with a white band, at least 150 mm in depth, the lower edge of the band being about 1.6 m above ground level. Temporary close-boarded structures delineating a footway should be provided with a continuous white band of the same depth and at the same height above the ground level in the immediate vicinity. Scaffolding and temporary structures adjacent to a footway should be lit during the hours of darkness.
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Rank: Super forum user
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Interestingly neither colour tape meets Chapter 8 (2009 edition - available on gov.uk):
Traffic Safety Measures and Signs for Road Works and Temporary Situations
Part 1: Design D3.43.2 / Part 2: Operations O3.28.2
Where scaffolding or other type of temporary structure must be erected on or adjacent to a footway, or any other part of a roadway or highway, it is essential that its presence is made clear to visually impaired people as required by the Highways Act 1980 (Roads (Scotland) Act 1984) and Chapter 43 of the Disabled Persons Act 1981. Each tubular support should be provided with a white band, at least 150 mm in depth, the lower edge of the band being about 1.6 m above ground level. Temporary close-boarded structures delineating a footway should be provided with a continuous white band of the same depth and at the same height above the ground level in the immediate vicinity. Scaffolding and temporary structures adjacent to a footway should be lit during the hours of darkness.
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Rank: Super forum user
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paulw71 wrote:John M wrote:Are we missing some information here? No council in the land has jurisdiction to impose a "fine". Only a lawfully convened Court can do that.
Jon
Section 169
Highways Act 1980
Permit to erect scaffolding or other relevant structure on the highway
Terms and Conditions
In applying for a permit to place scaffolding or other relevant structure on the
highway, the scaffolding company
and hirer of the scaffolding agree to the terms and conditions noted below:
Scaffolding/h
oarding is erected to provide safe working conditions for those involved in building works. However, it should
be noted that the cond
itions laid down by the relevant sections of the Highways Act 1980 are for the protection of the
public and powers exist to enforce them by the stopping of work on a scaffold or by the ordering of the scaffold/hoarding
to be dismantled should the condition
s not be complied with. Should a person fail to comply with the terms and conditions
of the licence he is guilty of an offence and liable to a fine under Sections 169(5) of the Act
Breach of a Statute Provision does not confer jurisdiction on a Council. If on a successful prosecution by the Council in the Court it would be open to the Court to impose a fine or other penalty. - not a Council.
Jon
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Rank: Forum user
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With regards to the LA not having jurisdiction to impose a fine, surely if it is a breach of a local bye-law the Authority can impose a 'Fixed Penalty' fine without going to court?
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Rank: Super forum user
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A fine is imposed by a court upon conviction of a criminal offence. A penalty charge can be issued by an appropriate authority when a breach of a law has been committed but does not include a breach of criminal law. A good example is over staying in a motorway service - penalty charge is imposed ! A fine is not.
J
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