Potholes - How do we enforce repair under S41 Highways Act

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Some council staff do there job and more, but get endlessly hassled by a few vocal individuals who take up a huge amount of time and take them away from their tasks. They know the rules and what the staff can and cannot do and exploit it to make their lives hard work if not miserable. It happens to social workers, tree officers, and many of the other roles. A bit understanding and tolerance would not be hard.

Yes - I saw a report in a paper some time ago about things the counsel have to do that are just a plain waste fo time - but they cannot stop doing them
Things included Freedom of Information requests - hundreds of them
a minority were of the sort of stuff that the law was designed for and which most people would support

most were demanding details of the counsels plans for Zombie invasions - and other even more crazy stuff - but they all had to be answered fully and properly and within a strict time scale - which takes time and money
 
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Fastpedaller

Über Member
I'm reasonably confident that 'badgering' the Council about dangerous potholes which remain after a year isn't in the same league as plans for the very unlikely event of a zombie invasion!
 

Emanresu

I asked AI to show the 'real' me.
I'm reasonably confident that 'badgering' the Council about dangerous potholes which remain after a year isn't in the same league as plans for the very unlikely event of a zombie invasion!

I think the point was that 'badgering' uses up council funds that could be spent elsewhere - such as roads. However I applaud your efforts for no other reason than my pension will be paid by a national roads contractor. Keep up the good work.
 

classic33

Leg End Member
Yes - I saw a report in a paper some time ago about things the counsel have to do that are just a plain waste fo time - but they cannot stop doing them
Things included Freedom of Information requests - hundreds of them
a minority were of the sort of stuff that the law was designed for and which most people would support

most were demanding details of the counsels plans for Zombie invasions - and other even more crazy stuff - but they all had to be answered fully and properly and within a strict time scale - which takes time and money
What's your council's plans if it happens?

The Outer Space Act 1986 covers alien invasion.
 
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Fastpedaller

Über Member
Will this be the next national 'scandal' highlighted in the press? Not on the same level ( as Post Office) of course, but some have been killed or seriously injured and many victims have lost financially.
Withholding of evidence which would be helpful in a prosecution
Requesting reports from members of the public and then just ignoring them
Falsification of evidence presented in court
Many Councils are guilty of the above, and I'm sure others here can add to the list.
 
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Gillstay

Veteran
Will this be the next national 'scandal' highlighted in the press? Not on the same level ( as Post Office) of course, but some have been killed or seriously injured and many victims have lost financially.
Withholding of evidence which would be helpful in a prosecution
Requesting reports from members of the public and then just ignoring them
Falsification of evidence presented in court
Many Councils are guilty of the above, and I'm sure others here can add to the list.

Well as most of the press ignored the Post office scandal for atleast ten years I think you have little hope of them showing much interest.
 

The Cycling Lawyer

Active Member
The council should have in place a routine system of inspection and should repair any potholes that fall below the safe criteria. (That’s the theory) but all too often they ignore them and do not make repairs.

The criteria changes form place to place, and can depend on the type of road it is on (among other things).

Sometimes a fault can be below the minimum requirement for them to repair, but if someone is injured and reports it then they will likely repair it (unfortunately the injured person wouldn’t be able to bring a case against the council in this case, unless someone was injured by the same fault before).
 
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I came down from the West of Scotland yesterday

The state of the motorways was terrible in places
never noticed so many parts that are extremely rough and verging on potholled

Did see something on the dividing line between lanes 1 and 2 - looked like just different coloured - or possibly wet - tarmac
on passing it I thought it looked suspicious

a few miles further on I saw the same thing but there were less cars around at the time so I could look quickly as we passed

it was a line of several potholes - several well over a foot long and at least a few inches deep - only a few inches wide but enough to wreck a tyre!

I didn;t have anything available to log the exact position to report it - which is a shame

but all the way back there were areas of terrible tarmac especially on the inside 2 lanes
 
when someone's front fence or hedge is 10cm higher than permissible there's always staff to enforce it ruthlessly
I am afraid those staff have probabally been laid off due to cuts too. Lack of planning enforcement and regulation of enviroment has significant effects. I have made multiple complaints since Covid about people near where I live 'confiscating' public owned grass and park space and fencing it into thier own gardens, 1 blatently enclosing public trees into thier garden then cutting said trees down to create a fenced off play space for just thier own kids. Another illiegally fenced land meaning traffic could no longer be seen if trying to pull out of a road, on a now blind bend.

Maybe the worst was someone cutting down a publically owned tree at the edge of a park. I reported it, nothing was done and then they buried the stump to hide what they did, just so the light to thier house was improved (the tree had been there for years and was 30 feet or so from the house in a public owned greenspace. I fear as nothing at all was done, they will feel enabled to soon start cutting down the other trees nearby, all of the trees and land owned and paid for by the public, so this is both vandalism and theft.

I am sick to death of short term greed and thinking. Frankly would prefer to fund the councils properly, as we are not only loosing public facilites (toilets, libraries, sports facilites, parks, care for disabled and sick) but people are now dying from pot holes while bunches of private shyster companies profit very nicely by doing rubbish work that they get away with due to councils (who are there to protect the public, we own the councils) being unable to enforce any decent standard of work due to lack of remaining staff and funding. I would far rather councils 'wasted' a bit of money keeping everything well, than everything be destroyed so private companies can rip off the public, as either way the money is gone just the same....

Roads used to be on long term planned maintainence schedules, resurfaced automatically every few years. Near here profit making contractors are now allowed to 'repair' roads by stripping the pot holed tarmac off the top and just leaving the undersurface / support exposed, which will then also start to break up so the entire road surface will be a write off, when it could just have been surfaced if there had been money and staff left to do it.

If we think this is bad now, just think what it will be like in 10 years. Back to horses as they can at least step around the broken roads? Even the motorways have huge death trap holes and they used to be the best of surfaces. Motorcycle deaths must be soaring.
 

Gunk

Guru
Location
Oxford
There are two very deep holes with sharp square edges down the road from me on the B4044 between Botley and Eynsham (It looks like a previous repair has blown out in the bad weather) but they are seriously dangerous, and they have just been left with no action for months.

I do around 20,000 miles a year and in the last two years on my BMW 3 series, I have had to have a wheel welded, one straightened, burst two shock absorbers (£500 a corner) and replaced a brand new tyre. It is an absolute scandal, our roads are now worse than some third world counties.
 
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Bristolian

Senior Member
Location
Bristol, UK
I remember back in the 1980's I used to travel to Eastern Europe regularly on business and was amazed at how poorly maintained their roads were - potholes everywhere and worn out markings - compared to ours in the UK. The situation has now been reversed, with roads in Poland, Bulgaria, Hungary, etc., being like billiard tables (courtesy of EU funding) and ours generally unfit for purpose.

Yesterday I drove from Newcastle upon Tyne to Bristol via the A1(M), M1, M18, M6, M5, M4 & M32 and would have been dismayed by the number/size/depth of potholes on these major roads if I hadn't driven in the opposite direction last weekend.

On the positive side, I reported two deep potholes to South Gloucestershire council recently, emphasising that if a cyclist was to hit one they would likely end up in hospital, and they were both repaired within a couple of weeks:smile: Of course, another pothole has now developed just a few metres away from the original ones :sad:
 
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Fastpedaller

Über Member
Further to my post above - a defence the council usually put forward is pursuant to Section 58 of the Highways Act

https://www.legislation.gov.uk/ukpga/1980/66/section/58

For layman like myself some of the 'plain english' seems difficult to understand. If a Council was told a year ago that there were dreadful potholes on a road, is it likely they can rely on a section 58 defence and succeed?
e.g.
Reported:21/03/2023 Description:Half the road is a pothole. The hole had previously been filled but it has all come out and got worse. Plus further holes up and down the whole road between the farm and Brabraham Road
and a similar report a year later at the same location:-
Reported:24/02/2024 Closed:26/02/2024 Closure Reason:No further action required Description:HUGE I thought I was going to die. It's dark and suddenly there are massive craters impossible to avoid. Thought my car was a gonner, it will have to be investigated at garage. DANGEROUS, DANGEROUS, DANGEROUS. Could cause loss of life.

I would think all road users with damage during the intervening year could have a valid claim.
 

Gillstay

Veteran
There are two very deep holes with sharp square edges down the road from me on the B4044 between Botley and Eynsham (It looks like a previous repair has blown out in the bad weather) but they are seriously dangerous, and they have just been left with no action for months.

I do around 20,000 miles a year and in the last two years on my BMW 3 series, I have had to have a wheel welded, one straightened, burst two shock absorbers (£500 a corner) and replaced a brand new tyre. It is an absolute scandal, our roads are now worse than some third world counties.

BMW wheels do seem to need welding rather too often for it just to be road problems. Poor design or an acceptance of performance over practicality seem to be an issue.
 
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