Speed Bumps:Illegal?

Figerty

Recently Clare County Council added speed bumps to a regional road. On either side of the road is Ennis Golf Club. According the statue I believe these to be Illegal, in Fact probably most speed bumps in Ireland are.

Here is the contents of a letter that was sent to Clare County Council. I'd be very interested to here Opinions of the Legal heads on here.

Could you please address the following to the County Engineer also and also the County Manager and similar to the previous email I also require a response outlining the opinion of Clare County Council. A pedestrian Crossing has been created/formalised on the Kilmaley-Ennis road between both sides of the golf course. Three speed ramps have been created on this road to control the speed of vehicles within the 50km/h zone. It would appear that the creation of these speed ramps is illegal.

This of course is based on my amateur reading of what I think is the relative legislation enacted in 1988. I haven't been able to find a later act which would contradict my opinion; however the expertise in the Clare County Council can advise me otherwise. S.I. No.32/1988 is the relevant Statutory Instrument. I have copied the relevant section at the bottom of this email.

The creation of these speed ramps is in direct contravention of the second schedule of this act, specifically the following

2. Where ramps are provided, they shall not be positioned—
( b ) on or within 30 metres of a pedestrian crossing,

A pedestrian crossing has been created using one of the speed ramps! Please explain the logic of this in light of the Statutory instrument?

3. A ramp shall only be provided where its centre is within 5 metres of a street light.
There are no street lights provided at present; this means that these ramps already pose a serious hazard and leave Clare County Council very exposed. How could this have been ignored in the planning process?

4. Ramps shall not be provided on a roadway where the road concerned is—

( a ) a road in respect of which a speed limit exceeding 30 miles per hour applies,

30 mph is 48.28 km/h,, the speed limit on this road is 50km/h! I assume that 30 mph is now regarded as 50 km/h. If not them the ramps are illegal.

( d ) a road on which an omnibus service operates.
This includes school bus routes and scheduled bus routes such Bus Eireann school buses or other scheduled services such as the rural bus service; District Day care services or Private operators.

5. Each ramp shall—

( a ) be constructed of hot rolled asphalt,

( b ) extend across the width of the roadway between channels,

( c ) be 3.7 metres in length in the direction of the roadway,

( d ) have a maximum height at the centre above the road surface of 10 centimetres,

( e ) be properly secured so as to prevent movement, and

( f ) be painted with reflectorised white paint.

It is apparent that 5(c) has not been adhered to on any of the ramps constructed

I have my doubts that 5(d) is adhered to it is possible that the ramps constructed are over 10 centimetres.I didn't feel taking the risks to measure it as this road is now too dangerous!

I also draw your attention to the explanatory note at the bottom of the statutory instrument with regards the responsility of the road authorites. It appears that Clare County Council and their Roads Department are not complying at the laws of the state.



"EXPLANATORY NOTE

The regulations prescribe the procedure to be followed by road authorities in publishing proposals and decisions regarding the provision or removal of bollards or ramps. The schedules to the regulations lay down requirements which road authorities must comply with in relation to the construction, design and positioning of bollards and ramps. The regulations also specify classes of roads where bollards and ramps cannot be provided."

One final concern is that these ramps are created on a bend, meaning that in wet or icy conditions both front wheels on a car will not engage on the ramp at the same time. The will create a hazard with diferrential traction. The last two winters have proven that this country is not immune from extreme weather conditions.

I find it very surprising that Clare County Council couldn't find this act and compy with the fairly basic requirements outlined. I require a written response to the email to confirm that this concern has been taken seriously. I suggest that these ramps be removed with immediate effect and replaced with a compliant and more appropriate method.

rubensni

Wicklow County Council have some bizarre speed ramps that are a hazard in and of themselves. This gem for example outside Roundwood:



Sign warning of ramp after the ramp, on the border of a 50/80km zone, and no street lighting in sight. The village is about a half mile up the road (in the opposite direction). The picture doesn't do it justice, it's a big ramp so you have to slow right down.

ironclaw

That ramp in Roundwood is huge. I've come onto it on a pitch dark December night and almost missed it. Its after a series of bends if I'm not mistaken? Take it above 30 km/h and your toast.

flyingsnail

OP, did you ever get a response to your letter?

Black_Bullett

Hi,

I am currently in the process of complaining to Arklow town council about the speed ramps in the town.

I damaged the sump on my car back in 2007 and feel I have been treated appallingly by the town clerk. I might add that I was not speeding over the speed ramp when it was damaged!!

I quoted various parts of Statutory instrument 32/1988 as many of the speed ramps in the town are in contravention of this instrument. However, there is the updated road traffic act of 1994 which is, to say the least a lot more relaxed than the statutory instrument.

Here it is,


Appendix A: Extract from the Road Traffic Act, 1994: Traffic calming measures
38.—(1) A road authority may, in the interest of the safety and convenience of road users, provide such traffic calming measures as they consider desirable in respect of public roads in their charge.
2) A road authority may remove any traffic calming measures provided by them under this section.

3) Before providing or removing traffic calming measures under this section of such class or classes as may be prescribed, a road authority shall—

( a ) consult with the Commissioner;
( b ) publish a notice in one or more newspapers circulating in the functional area of the authority—
(i) indicating that it is proposed to provide or remove the measures, and
(ii) stating that representations in relation to the proposal may be made in writing to the road authority before a specified date (which shall be not less than one month after the publication of the notice);

( c ) consider any observations made by the Commissioner or any representations made pursuant to paragraph (b) (ii).
(4) The making of a decision to provide or remove traffic calming measures of a class prescribed under subsection (3) and the consideration of observations or representations under paragraph ( c ) of that subsection shall be reserved functions.
(5) Traffic calming measures shall not be provided or removed in respect of a national road without the prior consent of the National Roads Authority.
(6) The Minister may issue general guidelines to road authorities relating to traffic calming measures under this section and may amend or cancel any such guidelines and, where any such guidelines are, for the time being, in force, road authorities shall have regard to such guidelines when performing functions under this section.
(7) A traffic calming measure provided under this section shall be deemed to be a structure forming part of the public road concerned and necessary for the safety of road users.
( 8 ) ( a ) A person who, without lawful authority, removes or damages or attempts to remove or damage a traffic calming measure provided under this section shall be guilty of an offence.
( b ) An offence under this subsection may be prosecuted by the road authority in whose functional area the acts constituting the offence were done.

The speed ramp where my car was damaged has since been reduced, according to the town clerk "Because the emergency services requested that it was reduced in size"

I fear that anyone that tries to complain about these speed ramps will face the same rebuttal that I have.

Still, I cannot accept that the council can erect speed ramps that are all of differing sizes and heights and seemingly do not conform to any legislation / standards etc.

Maybe someone could shed some light on this or even if anyone has successfully taken action against a council??

Cheers