UK Potholes - BMW Luxury Touring Community
 
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post #1 of 10 Old Apr 6th, 2010, 4:19 am Thread Starter
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UK Potholes

Just did a trip down one of my favourite routes - A466 Monmouth to Chepstow - if you are using this route, beware of lethal potholes. I was luckily using my ST1100 rather then the K1200 - the wheels would both be buckled by now had I not been on steel wheels.

I have reported the holes I saw on THIS site - I suggest you do the same when you come across pot holes in the UK.

Local councils have a duty to ensure roads are maintained, but if they don’t know about a pothole, they can’t fill it in. So if you want to get it repaired, you have to report it.


That site contacts the right people for you to get the roads repaired. My experience is that the majority of potholes reported on the site are filled quickly.

You can also contact the council direct with the number that site provides for you as the relevant council responsible for that stretch of road.

"Whenever you find you are on the side of the majority, it is time to pause and reflect" Mark Twain


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Last edited by c00k1e; Apr 6th, 2010 at 4:42 am.
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post #2 of 10 Old Apr 6th, 2010, 8:29 am
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Re: UK Potholes

Nice use of technology...

...............
J.M.J...
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post #3 of 10 Old Apr 6th, 2010, 11:29 am
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Re: UK Potholes

Yes it is, isn´t it, but note that is was designed for cyclists who seem to have positive discrimination as far as goverments are concerned.
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post #4 of 10 Old Apr 6th, 2010, 12:32 pm
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Re: UK Potholes

Last winter certainly knocked seven bells out of roads right across the country. The A52 on the outskirts of Derby has had a temporary 40 mph restriction put on it because it became the proverbial ploughed field, for example. No class of road is exempt and i reckon we'll all have to ride with even greater care than usual for months if not years to come. I saw an estimate recently that said, at current levels of spending, there's something like a 10-year backlog of road repairs!

With pressure on public spending I can't see the massive increases it needs being found very soon.

Keith


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post #5 of 10 Old Apr 6th, 2010, 1:32 pm Thread Starter
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Re: UK Potholes

The site is not government funded, but funded by us Cyclists (cycle touring club - CTC), but it is open for all road users to report potholes and suchlike. It is one way we can all work together to get the roads safer for all.
If you find you have injured yourself or damaged your bike on a pothole that has already been reported (this information is also available on the site), you have a very strong case for getting damages/compensation from the council who should have fixed the problem. This is one reason why the councils tend to jump when you report the problem on the site.



Quote:
Originally Posted by simoncharles
Yes it is, isn´t it, but note that is was designed for cyclists who seem to have positive discrimination as far as goverments are concerned.

"Whenever you find you are on the side of the majority, it is time to pause and reflect" Mark Twain


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post #6 of 10 Old Apr 6th, 2010, 2:11 pm
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Re: UK Potholes

Motorbikes as well ?.
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post #7 of 10 Old Apr 6th, 2010, 2:19 pm Thread Starter
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Re: UK Potholes

Quote:
Originally Posted by simoncharles
Motorbikes as well ?.
Claiming compensation?
From the site (no reason why motorbike should be different)

"
A highway authority has a statutory duty under section 41 of the Highways Act 1980 to maintain the highway. In order to establish a breach of duty under section 41 of the Highways Act a Claimant must prove that the accident was caused by an “actionable defect”. A cyclist wishing to pursue a claim for injuries or property damage caused by a defect in the road surface, such as a pothole, would need to prove that firstly the defect was the cause of the accident and secondly that the defect was a hazard to road users. The courts will not impose a duty on highway authorities to maintain roads in such a condition that they are “bowling green flat”. A certain latitude is allowed in respect of relatively minor holes in the road surface. Whether or not a defect is classified as a hazard is a matter of interpretation by a trial judge.

A highway authority can often successfully defend any claims under the Highways Act if they can establish that they had in place a reasonable system of inspection and maintenance. This is called a “section 58 defence”. For example, if a typical road is inspected once every 3 months and a pothole appears after the last inspection, then the council may be able to escape liability if they can demonstrate that they were unaware of the hazard. There are often difficulties in proving that a highway authority was fixed with knowledge of a defect and this is why it is important that cyclists do report defects using Fill That Hole.

When pursuing a claim against a highway authority for personal injuries or property damage it is important that good photographic evidence is obtained of the defect before a claim is notified to the council. If evidence is not obtained before a claim is submitted then it will be difficult to prove the dimensions of the hole if it has already been repaired."

"Whenever you find you are on the side of the majority, it is time to pause and reflect" Mark Twain


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post #8 of 10 Old Apr 6th, 2010, 2:26 pm
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Re: UK Potholes

Interesting.
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post #9 of 10 Old Apr 7th, 2010, 2:48 am
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Re: UK Potholes

The driver of any vehicle that is damaged by a pot-hole can claim against the local highways authority, which may or may not be the council, but you need to provide clear proof that the hole was a bad one. The advice is, I believe, to take photos of the pot-hole, showing the depth as well as the area, with something that can be used as a scale because one reason that the council fills the hole in as soon as it's reported is so that the driver can't provide such strong proof that the hole could have caused the damage.

Keith


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post #10 of 10 Old Apr 8th, 2010, 3:12 am
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Re: UK Potholes

MCN are on to it..
MCN
also
Fix our roads
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