Liability on damage from a road hump - Private Road/Public Highway

[yellowplum]

I have read on previous occasions that private roads can be classed as the public highway.

 

I had an issue with a road hump on a road that is public for the first 300m and then private as it is access to a supermarket then again public at the other end.

 

Traffic goes through it to access the supermarket as well as to use the other end as a cut through.

 

The site houses one road hump in the private area that was installed by the supermarket at the behest of the local authority.

 

The hump does not meet the requirements of the Road Humps regulations 1999 nor is there the signage in situ that is a requirement under the same.

 

My issue isn't so much about this, but I wanted to clarify what the law is on these types of roads that are not owned by the local authority.

 

The Defendant is alleging that the road hump meets 'BUILDING REGULATIONS' which in my view is irrelevant since the Highways regulations apply.

 

I have read previously on this forum that if a road does not have a gate to close it off and that gate is used (which this road doesn't) then it is not classed as a private road and as such must meet the requirements under the highways regulations.

 

Can anyone clarify this and also point in the right direction of any information which categorically states this.

[dx100uk]

i wouldn't expect highways regulations apply to 'private' roads.

 

dx

[yellowplum]

Sure, but there must be a duty of care to the user, and surely they must adhere to some form of regulations that they couldn't just willy nilly set up a road hump or other traffic calming measures that do not conform to any guidance

[lookinforinfo]

i wouldn't expect highways regulations apply to 'private' roads.dx

 

Are you saying that you could legally do 80 mph along a private road?

[yellowplum]

I found this....

 

Could a private street be a highway?

Yes, whether a road is maintainable at public expense or not is irrelevant to whether it is a highway or not. Usually, a private street that is also a highway will have come into being as a highway by prescription i.e. long usage by the public as a right of way and without interruption. The right of way may be for pedestrians, equestrians or some or all classes of vehicles.

 

It can be confusing to owners of private streets in that the term “private” does not necessarily mean that the owner has discretion over what happens on his/her land.

 

The question then is whether the regulations that govern a highway apply to a private road also

[dx100uk]

Are you saying that you could legally do 80 mph along a private road?

 

now now lets not be silly.

 

the issue appears to be if the humps meet any regs that might be imposed.

 

pers i'd have them on every housing estate or a mandatory 20MPH speed limit.

 

really do get fed up with those custom exhausts.

 

dx

[lookinforinfo]

Sorry Dx I was making the point that even private roads are governed to some extent by the Road Traffic regulations

[dx100uk]

ofcourse the all driving reg apply

 

just doubt that a private carpark or road or whatever, have to abide by any size for humps regulations.

 

my local lidl carpark has monsterous ones

 

but thats because the little boy racers cant be trusted not to go wheel spinning around it.

 

dx