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Hello
We have a school that is located on a currently unadopted section of the highway and have had a request to investigate if the site meets the criteria for the provision of a SCP.
If the site meets criteria would it be possible to place a SCP on the road prior to its adoption?
Thanks in anticipation of your help.
Peter Fleming
HI Peter we had this issue on unadopted roads as part of ongoing development, and took the approach that we needed the landowners permission.
Nick Cowling
E: ncowling@somerset.gov.uk
T: 01823359452Hi Nick
Thanks for responding, yes I guessed we’d need to approach the builders who are currently developing the area (we think it will be 2 to 3 years before we adopt the highway), we also need to check if the current design of the highway is to be changed from its current layout.
I was thinking is there anything in the regs about placing a Patroller on an unadopted road, also is there anything to consider regarding enforcing the law (fail to stops etc) with the road being unadopted
Regards
Peter
Whilst I don’t think there is a reason you couldn’t put someone acting as patrol on an unadopted road there may well be an issue with legal powers and fail to stop incidents. This being the case you could be putting the patrol at risk.
You may want to want to wait until the road is adopted before establishing an SCP site at this point. In the meantime, if you really had to put something in place, you could have someone escorting pedestrians across the road rather than acting as a patrol with a sign. This would get over any legal ambiguity and reduce risk.
Richard Hall
E: richard.hall@northlincs.gov.uk
T: 01724 297346Thanks Richard
Those are my worries too, the whole legality of a Patrol operating on an unadopted road is something that concerns me.
We are yet to undertake the survey to see if it meets criteria, so may be jumping the gun a little at the moment.
Regards
Peter
The question would be, ‘what if an incident occurs?’, whether this means a collision or fail to stop incident.
This would then require the interpretation on the definition of the word ‘road’ which is given in the Road Traffic Act 1988, s 192(1) a ‘road’ means any highway to which the public has access. It also includes any bridges over which a road passes.
Therefore, I would suggest that if the road is unadopted this does not matter for the purposes of road traffic offences; however, ultimately the definition would be tested by the court. There are many stated cases that make locations you make not conclude would be a road e.g. forecourt of hotel, entrance to supermarket car park.
Personal opinion, if it is leading to a place the public has access e.g the school and is generally used as an access and egress to properties/business, I would suggest this makes the definition of a road appropriate. I would take opinion from local authority legal team prefer progressing and possibly consult those who would ultimately enforce.
It would be interesting to know how this progresses.
David Weller
E: david.weller@kent.gov.uk
T: 03000 419658
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