The Lemon Fool

This is a potential legal issue as the sign in place was the sign described in the OP. Apologies if posted in the wrong place.

JohnB wrote:The restrictions prevented you moving your car, not your person

It prevented me going about my daily rightful legal business. End of!

madhoose2k wrote:

JohnB wrote:The restrictions prevented you moving your car, not your person

It prevented me going about my daily rightful legal business. End of!

As has been outlined previously on this thread, if the road closure has been authorised by a properly made TTRO and the required signage is in place, then it does prevent you from doing what you usually do, by making it illegal for a period. So it's no longer your 'daily rightful legal business'. Fair or unfair, that's the legal answer IMHO.

With few exceptions, roads are NOT public rights of way. The legal (if not practical) hurdle for closing them is lower than for a footpath, bridleway or byway. Some years back I was inconvenienced walking from Paddington to Victoria (stations) by road closures for something happening at Buckingham Palace - and hordes of gawping tourists clogging up alternative routes.

As for your licence (not "right") to use a car, that's conditional on many things, including road closures.

IANAL. But as I said in my earlier reply, help is available if needed: people with impaired mobility have a range of legal rights. We had a referral from a GP, but I expect the Blue Badge people might also have some knowledge of resources for those in need.

There is an annual fair that closes my street. Just one day a year and we all know what day it is and can prepare for it.

Barricades are placed at either end of my street. But crucially they are manned by police who can open them for people who can prove that they live on that street. So I had always assumed that the law enables that exemption. Nobody should be trapped in their home or prevented from returning to it.

This is my first post here, as I searched for this topic this morning

SteelCamel wrote:So if the people doing the road works simply put up a "Road Closed" sign, it's unenforceable. If they've followed the proper procedure and got a Temporary Traffic Regulation Order, and put up signs in accordance with the relevant regulations, then you can be ticketed for ignoring it.

Of course, if the signs are being used correctly, "Road Closed" should mean the road is closed right there, and probably physically blocked off. "Road Closed Ahead" should be used if the closure is further down the road but you need to turn off for a through route.

With regards to the above test;
If a TTRO is in place and "Road Closed" signs in place, but the closure has been set up before the allocated time on the TTRO & signage, presumably one would not be in violation if they did drive around the sign and down the "closed" road.

If that was the case, could you fight a potential ticket/fine?

Many thanks in advance!

mylittletony wrote:This is my first post here, as I searched for this topic this morning

SteelCamel wrote:So if the people doing the road works simply put up a "Road Closed" sign, it's unenforceable. If they've followed the proper procedure and got a Temporary Traffic Regulation Order, and put up signs in accordance with the relevant regulations, then you can be ticketed for ignoring it.

Of course, if the signs are being used correctly, "Road Closed" should mean the road is closed right there, and probably physically blocked off. "Road Closed Ahead" should be used if the closure is further down the road but you need to turn off for a through route.

With regards to the above test;
If a TTRO is in place and "Road Closed" signs in place, but the closure has been set up before the allocated time on the TTRO & signage, presumably one would not be in violation if they did drive around the sign and down the "closed" road.

If that was the case, could you fight a potential ticket/fine?

Many thanks in advance!

It is worth pointing out that "Road Ahead Closed" may refer to a turning off the road along which you are travelling. The usual problems are that signs are left in place for days after any work has finished. Sometimes they are reversed, so that only the back of the sign is visible. Too many organizations involved.

TJH

mylittletony wrote:This is my first post here, as I searched for this topic this morning

With regards to the above test;
If a TTRO is in place and "Road Closed" signs in place, but the closure has been set up before the allocated time on the TTRO & signage, presumably one would not be in violation if they did drive around the sign and down the "closed" road.

If that was the case, could you fight a potential ticket/fine?

Many thanks in advance!

You are correct if it is a planned TTRO. In fact closing a road before the (T)TRO is due to start or closing the wrong bit is illegal obstruction. A Utility near us got kicked off for that a week or so ago after they failed to communicate properly with the Council and their cone company.

The exception is for public safety pending emergency works, eg a collapsed chamber cover. In this case the Utility company (usually) involved may close the road immediately on safety grounds (generally to protect the safety of their public liability insurance ) until the TTRO application has been processed. Short term emergency works up to 15 min are permitted witout a TTRO, you'd be amazed how many 15 min jobs turn out to take a lot longer.

Paul