Potholes - How do we enforce repair under S41 Highways Act
- Thread starter Fastpedaller
- Start date
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Fastpedaller
Senior Member
Thanks for your note including the 2 email addresses.
Resurrection of old thread! I've been very limited on time since the beginning of August when my Daughter bought her first house, which is in Cambridgeshire.
Here's my latest with them. Repair are part of a plan (but they can't say when!)
I've sent it to the two persons above.
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Hello,
Thank you for contacting Cambridgeshire County Council.
We have a three year rolling programme of planned highway maintenance works which we regularly review and update to ensure that our resources are targeted at priority areas. The matters you have reported do not require immediate attention and therefore they have been added to a three year rolling programme of work. At this stage we cannot provide any further timescales or specific dates for this work to be carried out.To find out more, please visit https://www.cambridgeshire.gov.uk/r...transport-delivery-plan-and-highway-policies/
Your report details:
Reference: 00450282
Date reported: 06/12/2023
Fault type: Road pothole/damage
Address: CHATTERIS ROAD,
Location: Chatteris Road between Somersham and Chatteris
Description of fault: Road is like a rollercoaster ride! I've never before encountered a road in the UK that's as bad as this. You don't care about this as you continue to leave the problem, and even put up 'bumpy road' signs, so you are clearly aware of it. Expect to appear on national TV one day to explain yourselves! Unbelievable poor service, and THE PUBLIC ARE PAYING YOUR WAGES. Maybe you don't deserve your jobs?
To find out more about the criteria we use when deciding how to deal with highways defects, visit https://www.cambridgeshire.gov.uk/whatwefix.
You will receive updates as appropriate, or alternatively, you can check the status of the report online by going to https://highwaysreporting.cambridgeshire.gov.uk?id=00450282.
Kind Regards,
Cambridgeshire Highways
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Jenkins
Legendary Member
- Location
- Felixstowe
The problem with your 'Description of Fault' is that you've not actually reported a specific fault - just had a general moan. That road is typical of the Fenland roads in that is suffers from subsidence due to the soft ground underneath it and if you think that one is bad, you really don't want to use some of the more minor roads in that area.
Try a more specific fault report next time such as this one I submitted a couple of weeks ago week and resulted in it being fixed in 5 working days...
"The subsidence here still hasn't been fixed - it was marked as a 10 working day repair in late October. Twice in the past your contractor has just chucked some tarmac into the sunken area (not completely in the second case) and still it keeps sinking and the affected area now comprises most of the cycle lane and a fair bit of the main carriageway. Cyclists and car drivers have to make quite a wide manoeuvre to get round it - asuming they know about it or can see it in advance - otherwise there's a very nasty accident waiting to happen. Please fix the underlying subsidence problem and don't just fill it with more tarmac."
Try a more specific fault report next time such as this one I submitted a couple of weeks ago week and resulted in it being fixed in 5 working days...
"The subsidence here still hasn't been fixed - it was marked as a 10 working day repair in late October. Twice in the past your contractor has just chucked some tarmac into the sunken area (not completely in the second case) and still it keeps sinking and the affected area now comprises most of the cycle lane and a fair bit of the main carriageway. Cyclists and car drivers have to make quite a wide manoeuvre to get round it - asuming they know about it or can see it in advance - otherwise there's a very nasty accident waiting to happen. Please fix the underlying subsidence problem and don't just fill it with more tarmac."
dicko
Guru
- Location
- Derbyshire
I have had great success getting pot holes fixed quickly, I use the FixMyStreet app.
Fastpedaller
Senior Member
The particular road also has more, earlier, reports from other people - the fact Highways have erected 'bumpy road' signs (how expensive?) is indicative they know there is a problem. If they had a desire to fix it they would survey it....... Oh isn't that what they state "we regularly check roads". They shouldn't be looking for reasons why they can avoid fixing! If they want me to mark the defects with paint I'll do it as long as they provide the paint and a written waiver that I'm not breaking the law. To say it's part of a plan, but they can't give a date is in contravention of S41
There are categories of potholes. Ironically if you want it repaired quickly you'd have to make it bigger to make it a priority (Category 1 - 100mm-300mm).
Last month my SiL came off her bike due to a shallow pothole filled with loose gravel. She had to spend a couple of nights in hospital due to a brain bleed and has been on light duty / short hours at work due to this. She can't do more until the OT releases her. The OT won't do it until the hospital sends a report. The pothole is still there.
So you have a situation where the lack of cash for road repairs, and the lack of cash for the NHS staff prevents someone capable of working doing more - and paying taxes.
Even worse than this, a local Coroner gets the brush off when expressing a view about avoidable deaths.
https://www.judiciary.uk/wp-content...-Response-from-East-Sussex-County-Council.pdf
Last month my SiL came off her bike due to a shallow pothole filled with loose gravel. She had to spend a couple of nights in hospital due to a brain bleed and has been on light duty / short hours at work due to this. She can't do more until the OT releases her. The OT won't do it until the hospital sends a report. The pothole is still there.
So you have a situation where the lack of cash for road repairs, and the lack of cash for the NHS staff prevents someone capable of working doing more - and paying taxes.
Even worse than this, a local Coroner gets the brush off when expressing a view about avoidable deaths.
https://www.judiciary.uk/wp-content...-Response-from-East-Sussex-County-Council.pdf
Fastpedaller
Senior Member
I challenge anyone to say Cambridge County Council Highways are fulfilling their duties under S41. They recently repaired a road after I sent a report and stated they could find themselves with a Corporate Manslaughter charge if the worst happened, as other reports for the same defect dated back 13 months. That got them working on it! But it shouldn't need that. It's all very well them saying 'we don't have the money' - If that's the case they shouldn't be using it as an excuse, but should be asking Central Government for more (and stating why it's needed)
About time more people had a backbone - we need whistle-blowers not wimps!
About time more people had a backbone - we need whistle-blowers not wimps!
Fastpedaller
Senior Member
Sorry to hear about your Sister-in-Law, and hope she recovers soon. The pothole is still there! I'd put a bit white area around it and see if I get arrested - It's not acceptable that we can't alert others if the authorities do nothing. On the basis we have a duty of care towards others, I wonder if it would hold up in court. Unfortunately the Council use OUR money to fight US.
Alex321
Veteran
- Location
- South Wales
Unfortunately, while S41 of the Highways act states they have that duty, it doesn't provide any offence or penalties for failing to carry out that duty. Nor does it actually specify any timescale within which repairs must be made. So it is quite correct that they cannot be prosecuted by the police or CPS under that section.
You can, of course, take a civil case against them, but for that, somebody need to have been harmed in some way - either personal injury or damage to their property.
Fastpedaller
Senior Member
There are guidlines for 'time to repair' and indeed the timeframes taken by other authorities can be used as examples.
These are the response times quoted on the Cambridge CC website.
| Greater than 80mm in depth and a significant risk to public safety | 5 days |
| Greater than 80mm in depth but less of a risk to public safety | 21 days |
| Less than 80mm in depth | Not yet large enough for repair |
So 13 Months doesn't really cut it, and I also suspect the 80 reports that were online for a particular roundabout earlier in the Year (and had started 8 months prior) would suggest to any court that Cambridge CC aren't meeting even minimum standards.
As you start though, it seems nobody is responsible for enforcing the law. Broken Britain
Fastpedaller
Senior Member
If the local councils haven't enough money and need more from Central Government I suggest they ask for it themselves - after all if they want more from me they seem able to do it quite readily!
Alex321
Veteran
- Location
- South Wales
There are guidlines for 'time to repair' and indeed the timeframes taken by other authorities can be used as examples.
These are the response times quoted on the Cambridge CC website.
Greater than 80mm in depth and a significant risk to public safety 5 days Greater than 80mm in depth but less of a risk to public safety 21 days Less than 80mm in depth Not yet large enough for repair
So 13 Months doesn't really cut it, and I also suspect the 80 reports that were online for a particular roundabout earlier in the Year (and had started 8 months prior) would suggest to any court that Cambridge CC aren't meeting even minimum standards.
As you start though, it seems nobody is responsible for enforcing the law. Broken Britain
I quite agree that any court would agree they aren't meeting the standards set out by the guidelines.
Enforcement is down to us all though. While there are no criminal offences specified, there is Section 56
https://www.legislation.gov.uk/ukpg...ding/enforcement-of-liability-for-maintenance
56Proceedings for an order to repair highway.
(1)A person (“the complainant”) who alleges that a way or bridge—(a)is a highway maintainable at the public expense or a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription, and
(b)is out of repair,
may serve a notice on the highway authority or other person alleged to be liable to maintain the way or bridge (“ the respondent”) requiring the respondent to state whether he admits that the way or bridge is a highway and that he is liable to maintain it.
(2)If, within 1 month from the date of service on him of a notice under subsection (1) above, the respondent does not serve on the complainant a notice admitting both that the way or bridge in question is a highway and that the respondent is liable to maintain it, the complainant may apply to the Crown Court for an order requiring the respondent, if the court finds that the way or bridge is a highway which the respondent is liable to maintain and is out of repair, to put it in proper repair within such reasonable period as may be specified in the order.
There is more following that, and if the council do not obey the order from the Crown Court, then the complainant (YOU) can carry out the repairs (or pay somebody competent to do so) and can recover the costs from the council as a civil debt.
Fastpedaller
Senior Member
An interesting find. Unfortunately (as always with things legal) those with the money (The Council so it's our money!) will win, even by making our lives difficult....... It appears the cost can be huge. I would expect a Council to contest the action. If repairs were then made (by the complainant) the wait for payment could be years, or the quality of the work called into question. They have us over a barrel - expect to be driving and riding on dirt tracks in a few years
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The section 56 process involves civil, rather than criminal, proceedings. There are potential costs involved when cases are taken to court. More details are given in the section on costs below. These costs relate both to the fee for making an application and to the payment of costs by the losing party to the winning party, if any costs are awarded by the magistrates. The fee for making an application to the magistrates' court as at January 2020 was £226. If the application were contested, a further fee of £567 would be payable by you, resulting in a total fee of £793.
Few cases are likely to begin in the Crown court, and the potential liability for costs can be exceptionally high. We advise you to take legal advice before contemplating proceedings in the Crown Court.
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Yet another example of the injustice and control or the public
Examples... Hillsborough, Grenfell Tower, the Post Office scandal.
If this was France there would be riots.
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The section 56 process involves civil, rather than criminal, proceedings. There are potential costs involved when cases are taken to court. More details are given in the section on costs below. These costs relate both to the fee for making an application and to the payment of costs by the losing party to the winning party, if any costs are awarded by the magistrates. The fee for making an application to the magistrates' court as at January 2020 was £226. If the application were contested, a further fee of £567 would be payable by you, resulting in a total fee of £793.
Few cases are likely to begin in the Crown court, and the potential liability for costs can be exceptionally high. We advise you to take legal advice before contemplating proceedings in the Crown Court.
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Yet another example of the injustice and control or the public
Examples... Hillsborough, Grenfell Tower, the Post Office scandal.
If this was France there would be riots.
Fastpedaller
Senior Member
Nothing quite like victim blaming eh?
