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bhyslop  
#1 Posted : 27 November 2018 14:18:37(UTC)
Rank: Forum user
bhyslop

Hi, 

Just a thought, we carry out a lot of work on unadopted roads and was wondering does the Safety at street works and road works A code of practice applies to private roads. As prior to adoption these still belong to the developer.

I'm aware that its good practice to still apply the requirements but was wondering if legally it was enforceable. 

stuart46  
#2 Posted : 27 November 2018 15:59:49(UTC)
Rank: Forum user
stuart46

I am reliably informed by someone who works in the industry that they would not apply to private or unnadopted roads though it is good practice as the public have access.

Alfasev  
#3 Posted : 27 November 2018 16:14:04(UTC)
Rank: Super forum user
Alfasev

A private road can be a public highway. It sounds stupid but a public highway is any road that is not closed off by a gate, notices etc. and accessible by the public. There are grey areas but The Highway Act applies to un-adopted roads, typically found on developments sites and toll roads constructed under PFI. You can for example be done for speeding.

So in my opinion The Safety at street works and road works A code of practice applies to private roads on un-adopted estate roads.

The reason I know this is that we had an accident on an un-adopted road at a site I was involved in. One party tried to sue, breach of duty as it was a construction site but failed as it was deemed a public highway and they actually hit the truck.

A Kurdziel  
#4 Posted : 28 November 2018 10:08:22(UTC)
Rank: Super forum user
A Kurdziel

The problem with applying this Code that it is not simply a case of private road v public road. There is a big legally grey area in-between.  At one end we have Public Highways managed by a statutory Highways Authority eg the Highways Agency or a local council.  The code clearly applies to these. At the other end there are truly private roads which are owned and managed by somebody and the general public have no right to use them. Only the owners and legitimate visitors are allowed on these roads and their use is regulated by things like the Occupiers Liability Acts.

The grey bit is in the middle: we have unadopted roads. These are public highways in the sense that anybody can use them but there is no statutory body to maintain and manage them. It is left to the owners and users to club together and look after them. Does the code apply to them?

Then there are shared private roads. These are roads that are to all legal purposes private roads but one or more people have ‘an easement’ on them, that is an established right to gain access to their own property over this road. Does the code apply here?

The Road Traffic Act extended the definition for road traffic offences to any road accessible by the public. This was intended to deal with boy racers and the like doing doughnuts in supermarket car parks and racing along private country roads. Although it means that traffic offences such as speeding, dangerous driving etc can now be prosecuted if they occur on private roads, does that by implication ( rather than explicitly) extend the code to any road open to the public?

Such grey areas are open to lots of interpretations and to be honest will require someone legally qualified to ask and answer these questions.

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