Potholes - How do we enforce repair under S41 Highways Act

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Emanresu

Senior Member
Full sus MTB instead or for slightly more money, a judicial review into the council's decision not to repair under the concept of Wednesbury unreasonableness. (A decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.)

https://www.supremecourt.uk/docs/speech-131112-lord-carnwath.pdf

Mind you someone local here must have complained because it's gone from potholes everywhere to digging everywhere up. Someone knew where the cash was kept.
 
I should say that when I have reported a pothole or fly tipping round here it has been sorted out fairly quickly

If I know where I am county boundary wise then I report it direct to the council - the local one (Halton) just has an general road email address - but they do deal with it within a week or 2 if it is potentially dangerous - including dangerous to a bike

Some other council's web sites do require the sacrifice of 2 chickens and a goat by a virgin under a full moon while dressed as an elf but it can be done (I may have made some of that up - where are you going to find a virgin nowadays???)

if I am unsure where the boundary is or where you actully even are then FixMyStreet.com seems to work pretty well.

So I suppose it depends on the local authority - $deity knows this one is underfunded so if they can do it then they all should be able to!
 

kynikos

Veteran
Location
Elmet
There's undoubtedy a problem with speeding traffic, especially on urban and suburban roads. The logical solution is to instal speedhumps or, to save costs, to not fill in the potholes. The worst possible thing to do with the tarmac reserved for the speedhumps is to use it to fill the potholes which results in the problem being unresolved. ^_^
 

Alex321

Veteran
Location
South Wales
If I know where I am county boundary wise then I report it direct to the council - the local one (Halton) just has an general road email address - but they do deal with it within a week or 2 if it is potentially dangerous - including dangerous to a bike

If you report it via fixmystreet that will automatically go to the correct council for the spot you select on the map. You don't need to know which it is.

Oops. Responded before reading your 4th paragraph
 

Gillstay

Über Member
Possibly because whoever is doing the job is a rank amateur?

The amount employers invest in training per employee has fallen 28% since 2005, with UK employers investing only half the EU average per worker. Investment by many firms is limited to statutory requirements like health and safety.

Here's an example: I had a new kitchen fitted and the "plumber" fitted the taps the wrong way round, hot where the cold should be and vice versa. When I pointed this out I was assured it was "OK, because there's no agreed standard for which way round they go."

Yes if you had a programme of the courses taught at your local college 20 yrs ago to compare with what's taught now it would it would show the problem clearly. Even painter and decorator courses were given up. No money.
 
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OP
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Fastpedaller

Senior Member
Possibly because whoever is doing the job is a rank amateur?

The amount employers invest in training per employee has fallen 28% since 2005, with UK employers investing only half the EU average per worker. Investment by many firms is limited to statutory requirements like health and safety.

Here's an example: I had a new kitchen fitted and the "plumber" fitted the taps the wrong way round, hot where the cold should be and vice versa. When I pointed this out I was assured it was "OK, because there's no agreed standard for which way round they go."

He has a point - there isn't a 'set rule' although it is usual that the cold is on the right. An important consideration though. is if the kitchen tap is a mixer, then whatever way the pipes are under the sink, the cold feed needs to be to the RH on the mixer tap to ensure the outside on the tap spout has cold water through it to keep the spout from getting dangerously hot. This assumes the tap is a 'good one' that complies with water regulations and has a bifurcated spout (ie a 'spout within the spout) which separates the hot from the cold all the way to the outlet of the spout - some cheap imports don't!
 

glasgowcyclist

Charming but somewhat feckless
Location
Scotland
As already suggested, you can use Fix My Street or Fill That Hole to record road defects that should be actioned by the council. These are certainly good for establishing that a council has already neen made aware of a hazard and failed to act.

I’ve found that I can get a quicker resolution if I write to the council along these lines:

”Dear council, please send me a claim form for personal injury/property damage in relation to the [state road defect] located at [state location].”
 
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OP
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Fastpedaller

Senior Member
As already suggested, you can use Fix My Street or Fill That Hole to record road defects that should be actioned by the council. These are certainly good for establishing that a council has already neen made aware of a hazard and failed to act.

I’ve found that I can get a quicker resolution if I write to the council along these lines:

”Dear council, please send me a claim form for personal injury/property damage in relation to the [state road defect] located at [state location].”

Hey - not a bad idea!
 

Drago

Legendary Member
There's undoubtedy a problem with speeding traffic, especially on urban and suburban roads. The logical solution is to instal speedhumps or, to save costs, to not fill in the potholes. The worst possible thing to do with the tarmac reserved for the speedhumps is to use it to fill the potholes which results in the problem being unresolved. ^_^

The problems with speed humps is the massive air pollution created as cars brake and then accelerate away. You may not have heard that pair pollution is a big deal at the moment..

And that's just the ones that slow down. The rest zap along as normal, only difference being they're now airborne every 50 metres.

This type of tactic merely addresses (or not as the case may be) one problem, turns it into another problem, and for good measure shifts the negative effects on to innocent folk that may well not even be road users themselves.
 

Drago

Legendary Member
I normally add something about it being dangerous to cyclists and could cause damage to cars

dunno if that helps - but typing an extra few characters is not great trial!

On one occasion I lost my rag a bit and put some bullpois about how it had taken me off my bike in the dark, broken some bones and teeth and they'll be hearing from my solicitor in due course. Next morning i noticed it had been repaired, probably as they rushed to try and destroy evidence.
 
The main road at the entrance to our estate is currently a right mess due to heavy lorries running up and down about half of it

They are refurbishing the old golf course - and have been since just after I moved in about 9 years ago!!!!

as a result the tarmac is often kn******d and pothole occur quite often - they don't seem to want to totally resurface the road because of the heavy lorries - I presume they want to wait until they are no longer running up and down all the time
Although when that will be is unknown!

As a result I report potholes on that road every few months - generally white spray paint appear around them after a week of so and they get repaired within a few week of that
and then they go wrong again


it is all a bit weird and annoying!
 

classic33

Leg End Member
He has a point - there isn't a 'set rule' although it is usual that the cold is on the right. An important consideration though. is if the kitchen tap is a mixer, then whatever way the pipes are under the sink, the cold feed needs to be to the RH on the mixer tap to ensure the outside on the tap spout has cold water through it to keep the spout from getting dangerously hot. This assumes the tap is a 'good one' that complies with water regulations and has a bifurcated spout (ie a 'spout within the spout) which separates the hot from the cold all the way to the outlet of the spout - some cheap imports don't!
"As far back as 1965 a code of practice called CP 310 advised that wherever possible hot water taps should be placed on the left."

https://www.bbc.co.uk/news/uk-england-42948046
 

Alex321

Veteran
Location
South Wales
"As far back as 1965 a code of practice called CP 310 advised that wherever possible hot water taps should be placed on the left."

https://www.bbc.co.uk/news/uk-england-42948046

Interesting.

Most of mine over the years seem to have been on the right. And where I have mixer taps, the control for the hot has usually been on the right (as they are on all the taps in our current house apart from the ones where you move a lever for temperature - though that is also always to the right for hot, left for cold)
 
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