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BJC  
#1 Posted : 29 January 2014 09:05:52(UTC)
Rank: Guest
Guest

The state of our roads is a disgrace and the cost to vehicles both private and commercial is astronomical. Is it time for the HSE to step in with Sec 3 HSWA and criminally prosecute a few Council top bods ?
A Kurdziel  
#2 Posted : 29 January 2014 10:05:50(UTC)
Rank: Super forum user
A Kurdziel

This was raised last year and generated a lot of heat and not much light. I think this is the sort of thing we should keep well out of...
Canopener  
#3 Posted : 29 January 2014 11:39:01(UTC)
Rank: Super forum user
Canopener

I don’t think that many of us will disagree that there are some roads that could do with a little or more TLC. Those local authorities who are also highways authorities have finite budgets and if they spend more on x then they inevitably have less to spend on y & z. A number of things strike me: 1. The HSE aren’t in the business of prosecuting under S3 for damage to vehicles. 2. I don’t think a ‘top bod’ could themselves be prosecuted under S3, although they could be prosecuted under S37 if the Council were also prosecuted under S3 3. A prosecution under S3 resulting in a fine merely takes more (of your) money away from providing services including maintaining roads. As someone who has a little knowledge of the difficulties in LA funding it remains something of a conundrum and the solution remains elusive, but a prosecution of a ‘bod’ under S3 and/or a prosecution under S3 for vehicle damage, is IMVHO, not a solution (or I would suggest, possible).
Frank Hallett  
#4 Posted : 29 January 2014 12:31:14(UTC)
Rank: Super forum user
Frank Hallett

I'm not an expert on this - I'm sure that many others are far more knowledgable. The current demarcation of the HSE not applying H&S law to activities on public roads is enshrined somewhere - even if it's only an interdepartmental Memorandum of Understanding with the DoT and Highways Agency. This is a prime basis for accidents on public roads involving people at work not being reportable under RIDDOR. I think that it's iniquitous, and ridiculous, that we have this demarcation; but that's the way it is and unlikely to change! Frank Hallett
BJC  
#5 Posted : 29 January 2014 16:26:18(UTC)
Rank: Guest
Guest

It is a terrible state of affairs and I agree fining Councils will not help but Criminal prosecution of CEO s might. Govt not safely maintaining roads sets a very poor example to the Construction company that's is fined for not having soap in the latrines.
Canopener  
#6 Posted : 29 January 2014 17:31:15(UTC)
Rank: Super forum user
Canopener

The issue for me is that I very much doubt that S3 can be used for prosecuting the highways authority or their employees for the cost of DAMAGE to cars etc. Similarly, and I am sure that someone will correct me, but for an individual to be prosecuted for S37 offence requires the corporate entity to be prosecuted as well. CEX's and Members are all too aware of the various issues of delivering services across their remit, including road maintenance and many will have been tweaking budgets, wringing hands etc in trying to determine where to spend the money to best effect etc. I am sure that they would all like to be able to spned whatever on keeping the roads in 'perfect' condition but in doing so they may well have to divert money from others areas. I am not sure that prosecuting and imposing hefty fines will have the desired effect.
paul.skyrme  
#7 Posted : 29 January 2014 20:24:31(UTC)
Rank: Super forum user
paul.skyrme

Not an answer, merely an observation. Perhaps at any single point in time there are more employees on the public highway, than there are in any other location?... Thus, you could say they are the largest (shared) workplace in the country?
stuie  
#8 Posted : 29 January 2014 20:33:25(UTC)
Rank: Super forum user
stuie

Get your local MP/Minister involved. I did so and we now have a shiny newly resurfaced stretch of road just outside where I live here in Mid Wales. The road concerned (a major trunk road) was atrocious and the area is sadly plagued each year with fatalities (motorcyclists feature heavily) I played the safety card saying that I felt that the minister concerned would have to carry some guilt should another occur. They attempted to 'fob me off' with the line 'it is in next years budget and that their risk assessment of the road meant that it was ok until next year'. I did not accept this and threatened a FOI request to see the assessment that showed this stretch of road was ok. Some weeks later the works started overnight to minimise disruption and the road is newly finished with shiny white lines but no 'cats eyes' yet. HTH
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