Official Feedback

Discussion in 'Lounge' started by kpone, Aug 6, 2012.

  1. kpone

    kpone Moderator
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    Sorry, but this is going to be a bit of a novel, but I hope it might be of some interest. Until very recently, Devon County Council have had a brilliant scheme whereby bikers could report fuel spillages directly and the council would send South West Highways out immediately to rectify them and look to see, and if necessary, take action against those responsible. It was a forward thinking and well received scheme, that sadly, fell to funding cuts.

    I found this out when I decided to ask them whether silage and mud serially deposited and ground into the tarmac on my village bypass by one particular farmer would be considered suitable for the scheme. My email to them is as follows:

    " Hello

    I have been suitably impressed with Devon County Council's attitude to and awareness of the needs and safety requirements of motorcyclists on the roads of Devon and the relatively high profile it has given to it's commitment to the protection of the motorcyclist as a road user in the county, particularly with the "Spiller Killer" campaign.

    To this end I would like to ask a question as to where the responsibility for reporting the scattering of mud and silage from agricultural vehicles on the roads lies.

    I live in Exminster and, as a matter of course, have to travel along Sannerville Way at least twice a day and the amount of detritus left, not only on the road but also on the footpath and cycle path that borders it, is terrifying when negotiating it on two wheels. Especially as it comes immediately after the exit from Matford roundabout.

    I appreciate that we live in a rural area where the importance of agriculture is extremely high, but we are not discussing an "off the beaten track" green lane here, we are discussing an arterial "A" road, the A379. To me, it seems this debris is even more dangerous than a fuel spill as there is no room left to avoid it on the carriageway. It is especially poignant in its disregard for road users in that it occurs within metres of a petrol station and a fuel oil depot, the entrances to which are without exception kept pristine and free from contaminants.

    I feel extremely strongly about this matter as in the many years that I have lived in the area it has become worse and worse, despite interventions by both the parish council and, most recently a road sweeping machine that dispersed the effluent only for it to reappear almost immediately.

    I know that the council feels deeply about the safety concerns of it's motorcyclist constituents, it's previous track record proves this. Surely this dangerous practice should be regarded in the same light as does a fuel spillage.

    Yours sincerely

    Ken Pearson
    "

    As you can see, I tried to be pleasant and forthright about the whole thing and, in due course got this relatively upbeat response:

    "Dear Mr Pearson

    Thank you for your recent email regarding biker safety, with particular reference to deposits on the highway.

    Yes, the Spiller Killer campaign was well received and we've wrapped it up with the wider See It; Report It campaign, which encourages the reporting of road spillages.

    To answer your question, deposits on the highway should be reported to Devon County Council (or the responsible authority, depending where it is). Please see the below link, which should direct you to the correct webpage where this reporting can be done electronically. Of course, you can call if you prefer:

    http://www.maxrider.co.uk/see-it-report-it

    Assuming it is deemed a safety defect by the inspecting officer, arrangements will be made to make safe. We also look to contact the responsible individual (such as farmer if it's mud on the highway) and try to ensure that appropriate cleaning is in place.

    Regardless, I shall ensure your email is logged and passed to the local Highway Neighbourhood Officer so the area you have identified can be inspected.

    I hope this answers the points you have raised. Of course, if you need any further information, please do not hesitate to contact me.

    Yours sincerely

    Michael Newcombe
    Road Safety Officer

    Devon Highways
    Devon County Council
    Civic Centre
    Barnstaple
    EX31 1ED
    "

    As you can see, this chap sounds quite interested in my query and it comes over as actually concerned over the issue. Jump forward a couple of weeks and I get the following email from the Neighbourhood Highways Officer.

    "Dear Mr Pearson

    Mud & Silage Spillages



    In reply to your email of the 25th June about the cycleway along the A379, Exminster to Matford roundabout.



    The cycle way here has been inspected and we are aware of its condition over the past few months. The debris that are currently on the cycle way are not classed as a safety defect as per Devon County Council’s safety manual. As you said in your email that you appreciate that we live in a rural area with farming activity. As you will be aware there is a farm at this location which results in some debris and it is unrealistic to expect the cycle way to pristine.



    We will be sweeping the cycleway and channel to improve the surface in the next couple of weeks. The situation here is begin monitored and we have on going contact with the landowner here to try and improve the situation.



    Yours Sincerely



    Jamie Hewitt

    Neighbourhood Highways Officer

    Devon Highways
    Devon County Council
    Newton Abbot
    PO BOX 494
    "

    Hmmm....To me the following point is relatively clear. He appears to have scan read my email at the very best. His inference being that I am a cyclist complaining about the mud on the cycle way, when my original message mentions the cycle path only as an amendment to add weight to my complaint as, being in Exeter with the government Minister for pushbikes as an incumbent means you are untouchable around here if you ride one of the bloody things. He also seems to think that I'm admitting that the area being rural and as such should bow to the indiscretions of the farming community and ignores the fact that we are conversing with regard to an A road. Then he also states that a public department will clean the pavement and cycle path at some point in the near future. Now, not only do I see the bills my company has to pay to have trade waste removed, I'm pretty certain that local authority would not allow us to leave a mess on the highway or footpath, let alone clean it away for us gratis.

    This, now caused me to respond in a less pleasant but still not 'un'pleasant manner to his, in my opinion, condescending remarks with a few of my own:

    "Dear Mr Hewitt

    Thank you for your reply and for your actions in looking into my query. However, the point of my first concern was not aimed at the cycle path or the footpath but at the roadway itself, where the spoil from the agricultural vehicles becomes a distinct nuisance to road users, especially motorcyclists such as myself when ground into the voids of the asphalt surface. The pedestrian areas get their fair share of the debris spread by the farm vehicles, but the chances of users of the pathway being thrown into the path of oncoming traffic isn't quite likely. Yes I did admit that I'm aware of the particular needs of living in a rural area but again, the rest of this particular point seems to have been missed. I reiterate, this is not a rural lane, off the beaten track and infrequently used by non-agricultural vehicles. It's geographical location in a predominately rural region should not automatically bestow concessions as to its abuse to the agricultural industry. This is a designated 'A' road we are discussing, a very heavily utilised 'A' road at that. I feel that a little bit less empathy with an individual who appears to use it merely as a short cut between different areas of his business premises and a little bit more with the overwhelming majority of the users of this highway, who rely on it in it's designed capacity would be a fair consideration to make.

    I apologise if this is starting to sound somewhat of a rant but as stated in my previous email, this situation has become increasingly bad over the last year. Both the petrol station and the fuel oil depot, also businesses as necessary and possibly more so to the area have forecourts and entrances that are pristine by comparison to the that of the farm and they are both facilities where you may expect there to be spillages in the normal course of their business. They work to keep the area surrounding their premises clean, because environmental concerns and the law reacts extremely strongly to any failing on their part. Why should the farmer be treated any differently. Also, your intention of sending a council road sweeper vehicle, once again, to remove the mess also puzzles me. Were I, in the course of my business to deposit waste onto the highway or footpath I would be expected and instructed to remove it at my own expense, utilising my own resources, not that of a public funded department.

    Should you have the time to look, the Google Earth Street view of the section of the A379, bound for Dawlish from the Matford roundabout to the BP Petrol station illustrates many of my points above. Photographic evidence from an independent party showing the kind of disregard to other users of the highway, whether it be motorists, pedestrian or cyclist.Would the authorities stand any other commercial vehicle driving along the pavement strewing waste and sewage in it's wake. I seriously doubt it.

    Again, I apologise if this is somewhat of a soapbox rant but I am very agitated by this continuing state of affairs.

    Yours sincerely

    Ken Pearson
    "


    I have to put the rest in a second thread as it's too long for one.
     
    #1 kpone, Aug 6, 2012
    Last edited: Aug 6, 2012
  2. kpone

    kpone Moderator
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    Feedback Part II


    Sorry, but my rant is too big for the forum software to handle. Here is part II



    I tried to embed the screen shot from Google Earth Streetview to lend a bit of punch to my argument but the bloody thing wouldn't attach for some reason.

    Sometime later, I get the final local authority 'blow off' message back.

    "Dear Mr Pearson

    In reply to your further email about the A379 at Matford Park Farm. I would like to direct you to the following link on our web site http://www.devon.gov.uk/farming.pdf which deals with farming and the highway. You will see the 2 photos showing the guidance we use to deem what is acceptable and unacceptable on the highway.

    Also at this location there are warning signs to indicate farming activity. The landowner here does have a legitimate right to access his land, but if the condition of the road should fall into the unacceptable category then steps will be taken to deal with this.

    Yours sincerely

    JAMIE HEWITT
    Neighbourhood Highway Officer

    Devon County Council
    PO BOX 494
    Newton Abbot
    TQ12 9GL "

    In other words. "I couldn't give a flying fuck about any of the points you raise", possibly because I'm a biker, a minority and somewhat expensive and irritating demographic amongst road users, but probably because where I live, the minute anybody tries to tell a farmer he's crossed the line somewhere they begin crying across the media how the entire structure of the region will collapse if they are forced to abide by the laws of the land.

    Just thought I'd share this little tale with you while I try to decide whether it's worth my time to escalate the complaint further.

    I have to say that when this particular stretch of road is wet, the ground in crud on the tarmac makes it absolutely lethal after this guy has driven his tractor form one gate to the next, a distance of about 200 yards, that could be negated by him putting a gate between his farm yard and the adjoining field. Coming off of the roundabout at any kind of lean angle is dicing with death, but as you can see from the above correspondence, not sufficiently so to require an official sanction.
     
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  3. Swiss T

    Swiss T Active Member

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    Well....

    I guess they really don't give much of a monkeys or you are a right moaning bugger & well known for it locally ;)

    Maybe you could solicit support from others in the area or send your emails to a local paper?
     
  4. kpone

    kpone Moderator
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    Well, and don't shoot me for this, I was actually thinking perhaps MCN. They're usually up for going off on one on the slightest provocation, in an 'are you looking at my pint in a funny way' type of embarrassing soap boxing.

    But being a right moaning bugger who's well known for it locally, they'd probably blow me off too.

    No, its probably back to plan B. Getting on the top of Topsham water tower with an M82 and wait for him to come out of his front door. The old ways are still the best.
     
  5. GappySmeg

    GappySmeg Well-Known Member

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    Their reference picture, "mud - acceptable condition" scares the hell out of me... a light drizzle on that crap would have bikers skittling down the road before you could say "lawsuit".
     
  6. Moily

    Moily Active Member

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    This is a common issue that pops up frequently in the 'Legal' section of MCN and bike mags, when they get a bike-friendly solicitor to respond to readers' queries usually pertaining to accidents and liability.

    If a biker were to crash as a result of the surface shown in Devon Council's "acceptable" photo, then the person responsible for depositing that on the public road will be 100% liable for damages. For Devon Council to advocate that level of soiling is bewildering, although it doesn't help that they seem to be showing a private driveway/access road rather than a public road? I'm not sure what duties of care Devon Council are legally expected to show in cases like these either, but any victim would have a direct claim against the farmer in case of an accident caused by the mud.

    Possible steps of action could be: bone up on the legal requirements and respond to Jamie Nobber in the hope that they review their stupid policy; or write to one of these legal sections in a biking mag and see what the solicitor says, particularly in respect to how to get the council to uphold the law in this case.
     
  7. kpone

    kpone Moderator
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    And based on the picture, nothing will ever get done to stop the problem as, obviously, it'll never get to that degree, but a thin film of cowshit crammed into all the voids in the asphalt means that it's like driving on snow everytime it gets wet. It's had me sideways in a care before now, and you can't fall off a car.

    Here ya go


    This shot is taken from the blind exit from a roundabout on the Exeter outer bypass. You come off the roundabout and...
     

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  8. BLAGGERS

    BLAGGERS Well-Known Member

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    Find out where mr. nobber lives and smear shite all over the road he uses. If you hook a trailer to a harley it would be deemed legitimately agricultural.
     
  9. Givover

    Givover God Like

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    Its a no brainer dude. Quote The Highway Act 1980 Section 149 or The road Traffic Act 1988 Highways Act 1980 Section 137 or section 148 .These muppets need to get real and earn the wages we are all contributing to.
     

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