Can I sue my Council..?

scrappy_returns

ontheroad1970 said:

Deleted_User said:

sheramber said:

facade said:

unforeseen said:

From  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/918429/ltn-1-07_Traffic-calming-guidance.pdf

4.1 Legislation does not permit the use of vertical 

deflections such as road humps, speed cushions and 

‘thumps’ on 40 mph limit roads outside London. These 

measures are not recommended for use on any 40 

mph limit roads and can only be used on 40 mph limit 

roads in London after consultation with the Secretary 

of State

We've seen that, but in traditional  dot gov style, they don't quote the relevant legislation, and it isn't in The Highways (Road Humps) Regulations 1999.

Ahem;

2.1
 Traffc calming legislation Vertical defections 2.1.

1 The primary legislation is contained in sections 90A to 90F of the Highways Act 1980 (as amended by the Transport Act 1981). The Act (sections 90A and 90B) makes it clear that road humps can only be constructed on roads with speed limits of 30 mph or less. There are exemptions for London (see paragraph 2.1.5).

https://www.legislation.gov.uk/ukpga/1980/66/section/90A

That's clear then  - they will have to reduce the speed limit to 30mph

Which they won't be able to do retrospectively

Why can't they reduce speeds retrospectively? I know of a road which was 40mph when I started driving which is now 30 mph with humps. It's puzzling why you would want speed humps on a higher than normal speed road, my logic would be to reduce the speed limit first and if thatbdidnt work put in traffic calming measures like humps.

T.T.D

Is the OP in London or outside of London?

I would not be taking on a council unless the case was rock solid, this doesn't have any hallmarks of such. 

If outside of London. Then the OP needs the assistance of the local Councillor for the ward those speed reduction measures are in, then building a case for their legality by tabling motions at cabinat meeting etc and pressuring highways , if this wins and hey conceed, then the OP MAY have a case on grounds they were illegal and shouldn't be there. 

[Deleted User]

T.T.D said:

Is the OP in London or outside of London?

I would not be taking on a council unless the case was rock solid, this doesn't have any hallmarks of such. 

If outside of London. Then the OP needs the assistance of the local Councillor for the ward those speed reduction measures are in, then building a case for their legality by tabling motions at cabinat meeting etc and pressuring highways , if this wins and hey conceed, then the OP MAY have a case on grounds they were illegal and shouldn't be there. 

I'm outside London