RLC Call for Safe Winter Roads
22nd December 2009
Renfrewshire Law Centre is currently making representations to local MSP's regarding the state of roads during icy weather, as many Councils are not meeting their duty to keep our roads safe under the Roads (Scotland) Act 1984.
We have contacted regional MSP's, Jackson Carlaw, Ross Finnie, Annabel Goldie, Stuart McMillan, Stewart Maxwell, Gil Paterson, and Bill Wilson.
To summarise, we are making the following points:
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Unfortunately snow produces two conflicting effects: (a) It attracts children into the streets, (b) It causes cars to skid.
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s.34 of the Roads (Scotland) Act 1984 imposes a duty on Councils to keep roads safe for vehicles and pedestrians.
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It only takes a moment for a car to skid and hit a child, causing severe injury or worse.
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We have received reports of very concerning stories e.g. families effectively besieged in their homes by ungritted roads and unable to get out to the shops to buy food for young children.
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Councils who grit main roads but not pavements are effectively forcing pedestrians onto the roadway, where they are at risk from vehicular traffic.
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Insurance companies are sitting on actuarial statistics that would show how dangerous ungritted roads can be, yet they refuse to release these to the public because of their high commercial value.
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In some cases Councils not only won't grit the roads but even refuse to fill roadside grit buckets.
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There is a lot of anger across the country, with Council Tax payers and other residents joining in common grievance over an incomplete local service, particularly when their and their families' health and safety are put at risk.
- Some people are threatening to withold Council Tax payments.
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Councils typically use the response of insufficient resources and manpower. However, this is not a legal defence.
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Nor is it acceptable that some of our courts only pay lip service to the 1984 Act when it comes to icy roads cases.
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Year in, year out, we in this country become the laughing stock of our friends in other Northern European nations who face similar severe weather yet possess the infrastructure to mount an adequate response.
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Scotland is lagging behind, and it is time for stricter laws so Councils can no longer get away with an inadequate, dangerous service.