"burtthebike" <[email hidden]> wrote in message
news:[email hidden]...
Quoted message said:Anyone know what the legal situation is when people doing road works make
the road extremely dangerous for cyclists?
This morning, going up Filton Hill on the A38 into Bristol, on a LH bend
(dual carriageway, 40mph limit) the cycle lane was blocked with a couple
of men at work signs, and farther up, the roadworks blocked it completely,
forcing cyclists into the motor traffic lane, coming up the hill at 40mph.
The local council did respond pretty quickly, but the police weren't
interested. It would have been possible for cyclists to be accommodated
safely, but this wasn't done.
Haven't seen it since this morning, anyone know if it's still quite so
bloody dangerous?
What would have been the situation if a cyclist had been struck by a motor
vehicle whilst avoiding the roadworks?
Update: This morning, the next day, the signs were still in the cycle lane,
so I had to go around them again. This time I stopped and put them on the
pavement. The pavement is wide enough for at least four people abreast, and
few pedestrians use it.
I rang the council again when I got to work, and had several interesting
conversations with SGlos council staff, none of which provided any
satisfaction to either party.
The first was with a charming lady who said she would investigate and get
someone to ring me back.
An hour later, someone rang me back, an inpector of highways or some such.
He explained that he had been to see the site, and in his opinion, it was
fine. I asked him when he had been made aware that there might be a problem
there, and he said "ten minutes ago". I asked him whether he had been told
about this the previous day, but the response was no. I asked him if he
considered it safe for cyclists to pull out suddenly into a 40mph motor lane
because the cycle lane was blocked, whilst cycling up a steep hill and on a
LH bend: "it's all done according to the regulations, nothing anyone can
do." I asked him who his boss was. I rang his boss.
I had a long conversation with his boss, but to cut a long story short, he
said that the signs and the works were in accordance with the New Streets
and Road Works Act. I pointed out that it was irrelevant whether they did
or didn't accord, a serious hazard was being caused to cyclists, and that he
should be doing something about it before someone was killed. "The works
are in accordance with the New Streets and Road Works Act......." etc. Not
the slightest concern for the safety of cyclists. He also said that the
works were being done by Bristol Water Works, and their staff were aware of,
and trained in, the New Streets and Road Works Act. I asked who his boss
was.
Ten minutes later, his boss rang me. Much the same conversation ensued.
Except that this one claimed that they couldn't put the signs on the
pavement as it wasn't wide enough, a blatant lie.
Basically, SGlos council don't care if cyclists are killed, as long as they
can tick the box saying they've done this according to the New Streets and
Road Works Act. Incompetent jobsworths.
I googled for cyclists and road works tonight, and found the DfT have
produced a booklet "Cyclists at Roadworks" including "Existing cycle
facilities: Where there is cycle provision, such as cycle lanes or cycle
tracks, efforts should be made to keep these open or to provide an
acceptable alternative during road works. They should not be blocked by
signs, debris, plant etc." Transport Advisory Leaflet 15/99, published in
1999, eight years after the New Streets and Road Works Act.
I have no doubt that the council failed to behave responsibly, as did the
people digging the hole, and that if a cyclist had been in collision at
these works, they would have been held responsible because of negligence. I
consulted the highways department of an adjoining council, and was told that
the New Streets and Road Works Act did not prevent signs being placed on the
pavement, and this was perfectly acceptable practice, one they did often.
I'll be writing to my SGlos councillor, insisting on action to educate the
cretins responsible for road works, and to Bristol Water, for much the same
thing, and to A+S police to find out what action they should take when a
road hazard is reported to them, and why they didn't do it.
