USEFUL INFORMATION
The Highway Safety Policy is basically ’The Highway Bible’ and decisions made in most instances are based on the content within – Separate Document. Essentially, the Highway Safety Inspection manual is a policy document which sets out the criteria for all safety related defects along the highway network. This criteria is based on guidance provided in another document called ‘Well Maintained Highways’, which is a national code of practice for Highway Authorities across the country.
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https://www.devon.gov.uk/roadsandtransport/maintaining-roads/managing-the-network/potholes/
Information regarding potholes, materials & an explanation.
Pothole remedial works - whilst every effort is made to ensure that remedial works are permanent and appropriate materials conforming to The Highway Authorities Product Approval Scheme (HAPAS) are employed, it should be appreciated that the recent weather conditions have been far from ideal and that materials are susceptible.
Alternatively, to simply leave the pothole until such time as weather conditions improve would require the pothole to be made safe by signing/guarding and/or possible road closure incorporating considerable resource and cost, while creating a substantial backlog.
Whilst our higher category roads are prioritised accordingly, our routes are optimised centrally to endeavour that they should be carried out in the most efficient and cost-effective manner possible whilst complying with our policy response times.
If a member of the public or Parish see a pothole that meet the intervention levels of being over 300mm in diameter and having a vertical face (sharp edge) of 40mm or over, the quickest and easiest way to deal with them is to report them online through our website using the link above. This is the same as I would do and goes straight to the contractor for investigation saving the time of the Neighbourhood Officers visit.
NOTE: -
All reported potholes are sent direct to our contractor which are then triaged. This process enables the inspector/triage team to assess the road and identify other potential problems which may or are likely to arise.
Potholes are then processed for repair and where necessary an order placed for small works to be carried out in the forthcoming months.
Devon has over 180,000 gullies. A sudden storm or downpour can often result in more water on the road than our gullies or ditches can cope with. In severe weather the capacity of the drainage system can be overwhelmed by the amount of water trying to run off from the road and flooding can occur.
We will:
Under Devon County Council Policy, intervention will only take place subject to the following conditions.
Standing water or running water
We will take action if, 24 hours after the rain has stopped, there is standing water where a speed limit of 40mph or above is in force, and where highway users can reasonably travel at 40mph or above, to minimise the risk of aquaplaning.
Highway flooding causing an obstruction
If it’s an emergency and there is danger to life as a result of flooding call 999.
If, 24 hours after the rain has stopped:
We will attempt to clear the standing water if appropriate. If unable to clear the water, we will use a flood sign or guard the area or close the road to make the location safe and then investigate a permanent solution.
Consultation may be required with adjacent landowner/occupier where appropriate and could result in legal action being taken in extreme circumstances.
On some occasions the Gully requires the intervention of the ‘Gully Sucker’ to remove debris/silt which may have accumulated in the sump at the bottom of the drain (A sump is a trap in the drain which catches the material that is washed in. This helps to ensure that the water flowing in the pipes is not obstructed), on other occasions where the sump itself may be clear, the pipe which takes the water away may be blocked so a high pressure jet of water (Jetter) is used to force the obstruction through and then is normally removed further along the system, however, If a gully is blocked, this doesn’t necessarily mean that it is a safety defect (in accordance with DCC policy) and intervention will only take place if the above (in red) applies.
Please note that standing/running water will not be investigated during prolonged heavy rain.
NOTE: - It is inevitable that during adverse weather such as that recently experienced earlier in the year, some flooding may be caused to the highway network due to debris/silt build up in ditches & gully sumps/gratings, in cases such as this, the above policy applies.
Where there is a blocked gully which is not considered to be a safety defect as per the above or where water is likely to drain to the next gully along the line, the only other way they can be cleaned (ie, the sumps dug out) is for the NHO to do it, needless to say, this is very time consuming and not practical when being done by hand and without mechanical intervention, additionally the material removed also needs to be disposed of appropriately.
CULVERTS - these are not cleaned routinely or as part of any annual programme. They are only done when a blockage occurs and requires to intervention of the Mini Jetter or larger Vactor unit to clear where it’s not possible by the use of drainage rods.
The use of the Mini Jetter/Vactor unit can be costly therefore a bulk works package is normally put together, one for the Mini Jetter & one for the Vactor unit to offset the cost.
Unfortunately, Devon County Council are not empowered to prevent the natural course of drainage and where this natural drainage is intercepted by roads, these roads may even become temporary watercourses.
Devon Highways are responsible for dealing with rainfall upon the highway but not water that flows off adjacent land onto the highway or to a point lower down. Unfortunately, landowners adjacent to the highway also do not have to prevent the natural drainage of water from flowing onto the highway unless this causes a pollution to watercourses.
By law, a person owning lower-level land has to accept natural land drainage water (that is, spring water, ground water or surface water run-off) from adjacent land at a higher level.
As a land/property owner/occupier, you are permitted to make necessary adjustments to prevent flooding to your property provided there is no interference with the drainage from the highway or to the detriment of other land/property owners/occupiers (Planning permission may be required in some instances).
https://apps1.wdm.co.uk/Live/Devon/PBLC/PIP/map.aspx?cg=kaarbgrass
Roadside ditches, a brief
There are 3 categories of roadside ditch:
Highway Authority
The Highway Authority has a prescriptive right to drain the highway to adjoining roadside ditches. Rural roads rely to a great extent on ditches (which may subsequently lead to an easement or buddlehole) to remove water and their effectiveness is vital to keeping them in good condition. Common Law imposes a duty on the owner of land adjoining a highway to maintain these ditches that provide natural drainage for both the land and highway. In the majority of cases the responsibility for ditch maintenance rests with the adjacent landowner.
Areas which are on private land are the responsibility of the landowner/occupier who should ensure adequate maintenance to prevent flooding to the highway or properties.
Only pipes/culverts which run under the highway are the responsibility of the Highway Authority and excludes installations where permission has been granted for example, piping from one field to another on opposite sides of the road or where the Water Authority have responsibility for a combined system (highway & private surface water drainage).
Note:- Most of our highway drainage rights arise through prescription and without there being any express agreement with the landowner. Where highway surface water has drained from the highway for a sufficiently long period of time then a legal right is established. Most of our highway drainage easements, buddle holes or outlets through private land occur at the lowest point in the highway, or at a natural drainage point across adjacent land, and have existed for many years.
https://www.devon.gov.uk/floodriskmanagement/who-is-responsible-for-local-flood-risk-management/ https://www.devon.gov.uk/roadsandtransport/maintaining-roads/flooding-and-drainage/
Who is responsible for what?
https://www.devon.gov.uk/roadsandtransport/maintaining-roads/trees-and-vegetation2/grass-cutting/ https://www.devon.gov.uk/roadsandtransport/maintaining-roads/trees-and-vegetation-
Many hedges and trees grow on the edge of the highway and mark its boundary with private property. In these cases, the adjacent landowner or occupier is responsible for maintaining them. This also applies to trees that overhang the highway or fall on to it.
As the highway authority, we have to protect the safety of highway users by ensuring that owners and occupiers carry out their legal duty to maintain roadside hedges and trees. Owners and occupiers are required to:
With the above in mind, there is often clear evidence of growth but not significant with action required under Devon County Council’s policy for intervention.
When reporting overgrown hedges, please provide clear photographic evidence from various points to clearly identify the location & issue as this information is required in order for DCC to follow up on any reports and forms part of the Hedge letter when being sent to the resident/business, it may also save on a visit having to be carried out by the NHO.
Where it is not possible to attach photographs to the report or following an inspection, photographic evidence may be requested to be sent direct to the NHO.
We carry out grass-cutting on highway verges in areas that are key to maintaining visibility, such as at junctions, laybys, and the inside of bends. The aim of grass-cutting is to keep the highway safe and to maintain visibility for all road users. This has been agreed by Cabinet following the public consultation carried out in 2014.
Grass-cutting frequency: -
As mentioned above, grass cutting by Devon County Council is only carried out for safety reasons in visibility areas. Places where pedestrians are encouraged or required to cross, such as where a public right of way (PROW) meets the road, are also included under our policy.
While our policy does include provision for cutting privately owned hedges in previously mentioned visibility areas, despite being the responsibility of the relevant landowner, Devon County Council does not and will not cut grass at the access to private roads and drives under our current policy.
Regarding the frequency of cutting we will cut grass that meets our criteria on the following schedule:
*Note that while grass-cutting may be done more frequently by city or district councils, this is at their discretion and is funded by them.
Additional off-policy cutting may be done where required to facilitate maintenance work, such as surface treatment or ditch cleaning, though this will be one off and not added to routine works unless required under the existing policy criteria.
Grass cutting is done as a planned programme.
Only report grass for cutting if it is affecting visibility and preventing a safe line of sight and stopping distance.
Devon County Council do not remove green waste following grass cutting works. The waste is left on the verges to naturally rot down.
Weed management: -
We do not treat unsightly weeds, however, we may sometimes carry out weed-spraying in some drainage systems, on highpriority roads, and before constructing new footpaths. We may also spray weeds during highway maintenance work to prevent damage to the structure or surface of roads and paths.
Noxious weeds
We don’t carry out treatment of noxious weeds. However, we will assess any reports which allege that noxious weeds on DCC land have caused growth or have spread onto private land.
Recording Knotweed in Devon
Japanese knotweed occurs in most parts of the County. It is mainly found in gardens, on road verges, river banks, railway embankments and waste ground.
Without surveying and recording the distribution of Japanese Knotweed there is no way of knowing where it occurs, whether it is increasing and the typical habitats it colonises. Knowing the full extent of the problem of Japanese Knotweed colonisation in the county will help identify priorities for control and management. It is therefore important to report any sightings of the plant in the county to the Devon Biodiversity Records Centre (http://dbrcrecordinggateway1.appspot.com/). For more information on Japanese Knotweed please visit the Natural Devon website (https://www.naturaldevon.org.uk/home/devon-invasive-speciesinitiative/japanese-knotweed/knotweed-in-devon/).
“3.2 The policy to achieve the County Council's objectives is given below:
Cutting on visibility areas (junctions, laybys and the inside of bends) is undertaken on an 'as needed' basis and the frequency below has proved adequate:
Rural Priority Network - twice or occasionally three times per annum
Rural other roads (excluding maintenance category 12 roads) - once per annum
Urban roads (excluding maintenance category 12 roads) - four times per annum
The Neighbourhood Office is authorised to determine the timing of the cutting and whether the maximum number of cuts is necessary. In a normal growing season, the rural cutting commences on Priority Routes during mid-May. Urban cutting usually commences in April. Any cuts additional to the maximum number will be regarded as being for amenity or environmental purposes and will be the responsibility of City, Borough or District Councils. Partnership arrangements for commissioning the highway and amenity work are encouraged where appropriate.
Additional cutting (including other areas) will be undertaken to facilitate other maintenance works for example surface treatment or ditch cleaning. Also, to provide forward visibility to essential road signs”.
Matters such as this are normally discussed/dealt with by the District Council who arrange for their enforcement team to visit residents at their property referred to advise them that these activities are not welcome and that they should refrain from doing this. They have advised that to take further action would take an unreasonable level of resource. Waste tends to clear quickly from the road, so the District Council would be unlikely to successfully pursue enforcement on the grounds of highway obstruction.
MUD https://www.devon.gov.uk/roadsandtransport/maintaining-roads/information-for-farmers/ https://www.devon.gov.uk/roadsandtransport/factsheet/roads-and-farmers/
Mud is a slightly different issue as most roads will at some time or another have an amount deposited on it, however, occupiers of land have a duty not to obstruct the public highway or do anything that could inconvenience or endanger the public while they use the highway. It is an offence under the Highways Act to allow soil or refuse from land adjacent to a public highway to fall, be washed, or carried on to the road. This is also an offence under Devon Bylaw 22. If Devon County Council considers the mud to be potentially hazardous the person responsible will be contacted and asked that the mud be removed. If it is not removed within a reasonable time the Council may arrange for the work to be undertaken and recharge the person responsible. In serious cases, the police can take action to ensure mud is removed.
Unfortunately, this is a common problem which the Council often receive complaints, however, where there are narrow sections of road aligned with verges, there is little that can be done to prevent vehicles from being driven upon them, something which the Highway Authority have no control over especially in cases such as where HGV vehicles are also being operated.
Verge markers are only placed at locations which are considered to be a hazard to road users (for example severe overriding) and are not used purely to prevent vehicle from being driven on to verges, additionally, it’s not feasible or cost effective to install kerbs stones at every location where this type of issue arises.
We have a programme to maintain vegetation and trees on Devon County Council-owned and or managed land and properties.
Trees that are maintained at the public expense – trees that can be considered to be owned by Devon County Council – and that may affect the most important roads and areas of our highway network, are inspected annually by qualified arboricultural experts.
Trees that are privately owned and may affect the highway do not receive inspections. It is the responsibility of the relevant landowner or occupier to arrange these surveys and to maintain their trees and vegetation.
A tree becomes a hazard when it has a structural defect that may cause the tree, or a portion of the tree, to fall and injure people or damage property.
We inspect and maintain any trees within the highway.
As a landowner or occupier, they need to regularly inspect and maintain any trees on their land which are adjacent to, or within falling distance of, the highway. This includes trees in hedgerows and banks on private land.
We can’t take any action on trees which don’t pose a safety risk to the highway. Where there is a threat to private property, but not the highway, we will only take action if we own the tree.
Things to look out for in an unsafe tree
Damage
Ill health or disease
Report an unsafe tree adjacent to the highway or a fallen tree or branch on the highway.
Dangerous tree letter or markings
If you’ve been sent a letter and report about a dangerous tree on your land return the reply slip to us in the envelope provided.
If your tree has been marked with a cross or circle, you will need to phone the number on the notice attached to the tree. If no notice is attached, phone 0345 155 1004.
Carrying out work on your tree
It is good practice to employ a specialist qualified contractor to carry out the work. Work on the highway should be carried out safely and by surgeons qualified to work in accordance with the recommendations in Chapter 8 of the Traffic Signs Manual. The person responsible for the work, or their contractor, should have Public Liability Insurance cover for working on the highway for a value of £5 million. Read our information for landowners for more detail.
Trees overhanging your property
It is your common law right to cut back any branches which are overhanging and interfering with your property, as long as your actions don’t affect the health of the tree as a whole. You must check with the planning department of your district or city council before carrying out any work, in case the tree is covered by a tree preservation order or is in a conservation area.
Trees preventing light from entering a room
As a resident, in common law you don’t have a legal right to light that may be blocked by a Devon County Council tree and we aren’t required to cut back or remove the tree. We only take any action on trees which pose a safety risk to the highway.
Trees growing into wires
Contact BT or Western Power about the tree. If the tree is damaging their equipment they will take steps to prevent further damage.
Birds causing a mess on cars
Although bird droppings are an inconvenience, they are not recognised as a legal nuisance and are not justification for the removal or pruning of a tree.
Devon County Council tree roots damaging property
If you suspect that the roots of a Devon County Council tree are causing damage to your property, for example the foundations or private drainage, you must get evidence from both a professional tree surveyor and a structural surveyor to verify this. You should then phone our customer service centre on 0345 155 1015
We recommend cutting hedges and trees is avoided between March and August as this is the main breeding season for nesting birds.
It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.
It will be an intentional act, for example, if you or your neighbour know there is an active nest in the hedge and still cut the hedge, damaging or destroying the nest in the process.
When issues are reported which state and area of land is/may be DCC owned or where there is element of uncertainty, we will carry out checks beforehand using our own internal mapping systems and Land Registry. Where land is shown as un-registered, Devon County Council will only carry out works where there is a risk to the road or the road user and in accordance with policy as stated within the DCC highway safety manual.
It is misguided to believe that land situated in-between two parts of the highway will always be maintained at the public expense, whilst this will on occasions be correct, there are no hard or fast rules and there are many examples of land in private ownership boarded by highway but outside of the Highway Authority responsibility. Indeed, if taken to its ultimate supposition then most land is ultimately bordered by public highway however clearly not maintained at the public expense.
Devon’s roads and bridges are a most important and valuable asset (£10.2bN) and it is essential that we do all that we can to keep them safe and available for people to use.
The County Council recognises the importance of the road network to the local economy and will continue to keep A and B roads in good condition as far as possible. This is our Strategic Plan pledge and acknowledges that the majority of traffic use it in the County as a network that leads from the Motorway and Trunk road system to Exeter and our coastal and market towns.
To keep roads in their current condition would cost an average of £68 million per year. Therefore, the allocation is insufficient to protect the asset which will continue to deteriorate albeit our efforts will be to slow this down as much as possible. The funding available is used for planned structural maintenance designed to keep assets sound and to reduce long term costs and involves some resurfacing but also a programme of surface dressing which will seal the road and help prevent deterioration of the surface. This approach involves an element of preventative work so does not always select the repair of the worst roads first. The preventative maintenance strategy is making sure that we get the best value out of our funding. A “worst first” approach has been demonstrated to be more expensive in the long run as it would allow roads in a reasonable condition to get worse such that they then need full reconstruction. The preventative maintenance approach includes a large surface dressing programme, which restores surface texture and can improve skidding resistance and slow water penetration into the structure of the road thus prolonging its life.
It is evident through safety inspections and condition surveys, that there are many minor roads that would benefit from structural maintenance. However, for the foreseeable future the priority will be to keep busier roads in a serviceable condition with the limited resources available.
The Council will use reasonable endeavours to fulfil its basic legal obligation to keep all roads that are maintainable at public expense in a state of repair that allows for the reasonably safe passage for all normal ordinary traffic using the road.
Note: - On many roads, it has to be borne in mind that normal traffic may be few with vehicles travelling at low speed and that there is no requirement to travel any significant distance, therefore, whilst we will commission repairs to make the road passable with due care and provide reasonable access (such as dealing with individual deep pot-holes), we cannot justify using, nor have access to, public funds for more extensive works.
The above said, many roads have already been identified for patching or surface dressing as part of the Pothole Action Fund allocation, however, this is done on a priority basis and with a number of factors having to be considered (potential sites are also by agreement with the county councillor), including as previously advised, subject to available funding.
We surface dress many of our roads; this involves treating the road surface to stop it getting worse. These treatments are usually cheaper than expensive rebuilding works so we can maintain more roads for the same budget. This is why some of the worst roads are not worked on first.
What is surface dressing?
Surface dressing is a cost-effective way of restoring the road surface and sealing it in one process. Surface dressing also:
We spray the road with bitumen binder, followed by a layer of stone chippings. The chippings are pressed into the surface by a roller. To ensure a uniform coating of the emulsion, more chippings are deliberately applied to the surface than are actually required to complete the dressing process. Following this process, some stone chippings will be present, however, before the road is open to traffic it is swept to remove around 90% of excess chippings. The road then receives further sweeps after 7 days, 14 days and a final sweep between 21-28 day if required to remove any loose chippings that result from the action of road traffic. Advisory speed limits are used to keep traffic speeds to 15 mph until we are confident the dressing has settled down.
Roads are treated between April and September because the process needs warm, dry weather to allow the dressing to become established.
In Devon we apply quartzite grit to all new asphalt surfaces that are potentially used by horses.
As with all road users the horse rider must accept responsibility for their “vehicle”, the horse, as with a driver and the car. Note the requirements for MOT and minimum tyre tread. All horse owners, riders and carriage drivers, have a duty of care to ensure that regular appointments are made with their farrier for foot trimming or shoeing, and this is especially vital for those who take horses onto the roads or any hard surfaced areas. If the horse is shod and regularly exercised on the road or hard surfaced areas, attention must be paid to the level of wear on the shoes. Roads and hard surfaced areas should be avoided if the shoes are shiny and/or thin. If a road nail is used, then it is important that the road nail has not become dislodged and has been correctly fitted by the farrier. Loose shoes can cause horses to stumble or trip and therefore horses should not be ridden until the farrier has been and re-shod the horse.
Due to the very high temperatures, we have all been experiencing, the road temperatures have regularly risen above 50 deg C. This has had the effect of making some of our more open roads (rather than tree covered) becoming binder rich and liquefied in the wheel tracks and high stress areas. To try and combat this a programme of applying fine sand/grit on highlighted roads has been implemented to help protect the road network and to prevent the bitumen from becoming soft. This treatment is a precautionary measure and we are monitoring all main roads across the county, especially those in exposed areas and routes which have recently been surface dressed. Devon County Council and the surfacing contractor (Kiely Bros.) have been in constant communication to try and highlight the worst affected roads and stop any damage to any new surfacing. Once the road temperatures drop back down to normal levels any areas adversely affected will be reported and remedial works applied accordingly.
Issues relating to Surface Dressing works are forwarded to our Asset team who will inform Kiely Bros of any concerns and ensure it is investigated, if not already done so.
Badgers are protected by legislation. Works in the vicinity of a badger sett are only permissible, under licence, between the months of July and November, so any works to repair the road will need to be undertaken during this time. Any work that disturbs badgers is illegal without a licence and Natural England are responsible for issuing licences to permit interference with a badger sett. As such, we are reliant on the advice of the organisation in our decisions regarding the maintenance options for any site.
When a diversion is put in place, where possible the contractor involved will always try and plan the shortest route using the same category of road or better to that of the road being closed, there are of course instances where this isn’t possible. Issues regarding diversion routes should be directed to the appropriate contractor/utility involved by using the contacting information on the courtesy board on site.
It is difficult to restrict the movement of HGV’s as they are permitted to use any classification of road for access and deliveries even if there is a Weight Restriction in place (unless it is a structural weight limit). As a main through route, HGV’s are directed to use the most appropriate route via motorways, dual carriageways and main roads.
The County Council no longer provides or maintains advisory signs to indicate unsuitable routes as it had become apparent over many years that they were completely ineffective in most cases and where they did work, merely diverted traffic onto other roads which were often equally unsuitable. On a highway network such as Devon’s where a large proportion of the roads could be described as unsuitable for heavy goods vehicles it becomes meaningless to sign them, particularly with the advent of Satellite Navigation units, which are often followed regardless of what a sign or common sense may indicate. Continuing to erect expensive and unsightly signs is not felt to be a good use of public money.
It is also relevant that many of the complaints received relate to vehicles delivering locally, often to properties on the roads concerned.
If a particular haulage company can be identified who continue to use the road as a through route when another main route is available, then the County council can contact them, making them aware that complaints from residents have been received, and advising them to use another route.
Devon County Council cannot make payments in respect of compensation as a result of its highway works. When Parliament passed the relevant legislation that requires the maintenance of public highways (Highways act 1980) there was no requirement on highway authorities to pay compensation to residents or businesses that might be affected by such works. We always try to ensure that we schedule and carry out such works in a way that minimises disruption and inconvenience and but even if that occurs I am afraid there is no legal basis on which we can make compensation payments.
UPDATED 16/06/21 - Devon County Council (DCC) do not have a policy in relation to Mirrors on Highways, however, the Traffic Management Team developed a position statement for use in response to public inquiries in 2019 as follows:-
“DCC will not allow the use of mirrors on the public highway because experience shows that mirrors can increase safety risks, which include;
Other solutions may be available, for example cutting back vegetation or realigning boundary fences.”
Mirrors may be erected on private land, provided that they do not cause a danger for other road users. Mirrors on private land are not authorised by Devon County Council. But if you wish to proceed, then I would advise you to investigate whether planning permission is required and to obtain public liability insurance in respect of the mirror.
The installation of parking restrictions on the public highway requires a formal traffic order to give the restrictions legal effect. Adding or amending parking restrictions is not as easy as simply placing the new lines or markings on the road, as these markings would have no legal standing on their own.
Unfortunately, the introduction of parking restrictions involves a lengthy and costly legal process as a Traffic Regulation Order (TRO) is required to make them enforceable, the cost of this being in the region of £3-5,000. The time scale for completion is around nine months to a year depending on the outcome from Public consultation, approval of Local Parish & County Councillors and the level of objections/submissions received in regards the proposals.
In order to mitigate the cost and time impacts, parking restrictions are not introduced individually, instead being brought in as part of a periodic parking review.
All locations are prioritised and only those which provide the greatest benefits to traffic and to the safety of all road users are likely to be carried forward. Our experience has shown that parking restrictions are largely ineffective in the vicinity of schools, as those motorists who park to drop off or collect children are usually only there for a short period of time, remaining in their vehicles, and as such avoiding any enforcement. Consequently, parking restrictions for this purpose are not considered to be cost effective and are not likely to be taken forward.
Requests for Double Yellow Lines (DYL’s) or modifications to School Zig Zags, Limited Waiting or Loading restrictions etc are investigated by the Highways Officer and either rejected (not meeting criteria) or added to the Highway And Traffic Orders Committee (HATOC) list for consideration.
Double yellow Lines (DYL) on junctions.
The Highway code says you SHOULDN’T park within 10 metres of a junction. This doesn’t mean that it is illegal to do so, simply that it isn’t recommended. When the Highway code specifies you MUSTN’T (normally referencing a parliamentary act in the process, such as the highway act) that is when it becomes a legal obligation.
If you would consider the way a vehicle is parked to be dangerous then the police can enforce this, also, Devon Highways has an enforcement team who can attend site to enforce the parking restrictions in place. To report a parking issue you can log it here for our enforcement team to respond to: https://www.devon.gov.uk/roadsandtransport/report-a-problem/report-a-parkingproblem/
As for the length of double yellow lines on junctions varying depending on the junction, after asking more experienced members of the team it would seem that this is done on a case by case basis. There are meetings carried out where it is discussed with local elected members and traffic technicians who decide where the lines are required and how long they need to be. The idea being that having too many DYL can sometimes promote parking in areas that aren’t marked but are just as unsafe to do so. Parked vehicles in a lot of cases can be considered as traffic calming features, removing these vehicles can increase the natural speed of the road therefor all this needs to be taken into consideration.
There is no legal requirement for road junctions to be marked. Rule 146 advises motorists to adapt driving to type and conditions of the road, in particular, in side roads and country lanes and to look out for unmarked junctions where nobody has priority. In addition to this, DCC Highway Safety Inspection Manual states that there is no requirement to maintain junction markings on minor roads. From a technical perspective, the old road markings were not junction markings but edge of carriageway markings defining the alignment of the road.
In relation to this specific location, which is located within a 30mph speed limit and is generally a single vehicle width single carriageway road, due to the width and alignment of the carriageway vehicle speeds will be low and the vast majority of drivers local to the area. Entering the road from the school direction, motorists are advised that this is a no through road and are warned that there are pedestrians in the road. There are no recorded injury collisions at the location.
There are currently no Red Routes in operation within Devon. It is not considered likely that Red Routes will be appropriate within Devon in the near future. The situation will be kept under review by the Traffic Management Team (TMT).
Essentially DCC (TMT) wouldn’t be averse to using them but clearly based on current advice it would only be Exeter on the main arterial routes if we had an identified issue to resolve.
Snippet from TSRGD
Where urban roads are heavily trafficked and there is a need to control parking to maintain the free flow of vehicles, it is normally sufficient to prohibit waiting and loading at specific times of day as described in section 6. However, this does not prevent vehicles stopping for the purpose of picking up and setting down passengers, which in itself can contribute to traffic congestion on very busy roads.
This prohibits stopping, much like the rural 24-hour clearway (see section 9), but is more flexible as it does not need to operate for the whole day and provision can be made for parking and loading at certain times. Red routes are intended to be used strategically to deal with traffic problems assessed on a whole-route basis, not to deal with issues on relatively short lengths of road. Unlike the 24-hour clearway, the prohibition of stopping applies also to the verge and footway.
Applicants meeting the criteria below are eligible for an Access Protection Marking to assist where either pedestrian or vehicle access to the highway is obstructed by parked vehicles.
It should be noted that an Access Protection Marking is an advisory road marking; this means that it cannot be enforced. They are used sparingly by Devon County Council to maintain their integrity and effectiveness. A civil enforcement officer can enforce against a dropped kerb crossing, and if you are unable to leave your property because of obstruction the police may be able to assist.
An Access Protection Marking is provided at a private vehicle address for a disabled Blue Badge holder, or;
The APM must
If Devon County Council considers it necessary, then the right is reserved to remove an Access Protection Marking. Each time an Access Protection Marking is considered for remarking (e.g. faded marking or after road resurfacing), it must be confirmed by the original applicant that the above criteria are met. Please contact the Highways Customer Service Centre on 0345 155 1004.
We can provide access protection bar markings (APMs) when there is a recognised problem:
If the scenarios above are not met then an APM is unlikely to be provided. Phone 0345 155 1004 if you wish to apply for an APM.
Please also be aware that:
APMs are not enforceable – APMs provide no additional powers of enforcement and an APM will only be marked to highlight the presence of an access and to encourage considerate and proper parking adjacent to this.
While parking that physically obstructs a dropped crossing can be enforced by both the police and the County Council (utilising civil parking enforcement powers), a response will not be possible in every instance. Often there is an underlying neighbourly issue where there are repeat occurrences and mediation, possibly via the local PCSO may be the most beneficial approach.
APMs that are removed during road works or resurfacing are not routinely re-marked – this is in line with our maintenance policy. Customers will need to apply for a new APM after work has been completed.
APMs will never be marked opposite a driveway or garage.
APMs will not be extended – an APM will only be marked to highlight the presence of an access and to encourage considerate and proper parking adjacent to this. An APM will extend along the length of the dropped kerbs across the access and up to 1m beyond (where there are transition kerbs).
The provision of a residents-only parking restriction requires an enforceable traffic order to be introduced. This is a legal process which can take months or even years to bring in, can cost several thousands of pounds and requires an extensive consultation processes, as a result, we do not undertake such an order for a single location, instead reviewing parking periodically across a whole town or wider area, this mitigates the costs involved, and spreads them across a number of potential schemes.
It should be noted that a residents’ parking scheme in just one small area of the town or village would be unsuitable as this would only displace the non-resident parking to other areas of the town where parking issues may also exist therefore further escalating the problem elsewhere.
The County Council policy for residents parking is very specific in the criteria that need to be satisfied before a scheme will be considered. These include:
With the current demand on vehicle parking, it is important that the introduction of any scheme does not result in problems being transposed to adjacent areas. A feature of parking policy is therefore to ensure that a balance is achieved between maximum use of the road space and the operational needs of the network.
Most people in Devon know very little about gypsies and travellers. You may, for instance, be unaware that the population in Devon includes a significant number of gypsies and travellers – many of whom have long historical links with this part of the country.
The Devon population of gypsies and travellers comprises of mainly English Romany Gypsies, New Travellers and some Irish Travellers.
Authorised encampments
The County Council has overall management for the two gypsy and traveller Local Authority sites: Sowton and Broadclyst.
Sowton, which has been in existence for over 30 years, consists of 11 pitches, offering permanent residential accommodation.
Broadclyst consists of five permanent residential pitches and is slightly different in that the land is owned by The National trust. Residents on both sites pay rent and are responsible for paying council tax and utility costs.
View the Allocations policy for the Sowton site.
No new residents will be permitted on the Broadclyst site due to ownership.
Although there are a number of authorised private sites in Devon there is still a serious shortage of sites for gypsies and travellers both here in the county and across the country as a whole. This has led to gypsies and travellers camping on land that they do not own (unauthorised encampments), and also a growing tendency to buy land and develop it without planning permission (unauthorised developments). At present, approximately one in five traveller caravans in England are on a unauthorised sites. 90% of planning applications that gypsies and travellers submit fail, which often forces them back onto the road with no fixed abode.
When gypsies/travellers camp on land that they do not own, without the permission of the owner, they are trespassing. If a negotiated solution is not possible, then private landowners, local authorities and the police all have powers of enforcement to evict. However, a negotiated solution that avoids confrontation is often the most appropriate way of dealing with a situation. Unauthorised encampments fall into 2 main categories: those on land owned by local authorities (highways, schools, public parks and car-parks etc), and those on privately owned land.
DCC have no powers to deal with untaxed &/OR vehicles without MOT. Such vehicles can only be dealt with by DVLA or the
Police
Please contact your local police to report a car, van, motorcycle or other vehicle that does not have an MOT. https://www.gov.uk/check-mot-status
You can only report a vehicle with no MOT to the police if it’s being used on a road. This includes parked vehicles.
You need the vehicle’s:
If the vehicle is abandoned (https://www.gov.uk/guidance/abandoned-vehicles-council-responsibilities#work-out-if-a-vehicle-isabandoned) the police cannot deal with it. You need to report abandoned vehicles to your local council (https://www.gov.uk/report-abandoned-vehicle).
The Driver and Vehicle Licensing Agency (DVLA) and the Driver and Vehicle Standards Agency (DVSA) cannot take action against a vehicle with no MOT.
What happens next - The police will investigate your report and the driver may get a fine. The maximum fine is £1,000.
Reporting of Pavement/Verge Parking - https://www.devon.gov.uk/roadsandtransport/parking/pavement-parking/
Parish lengthsman visit each parish in Devon on a programmed basis to undertake the cleaning of drainage features such as grips and easements and hand cleaning of gullies on the minor network.
Normally two visits per year, two days each visit.
The A35, A30, A303, M5 are under the authority of Highways England and therefore all correspondence/enquiries should be direct to them. Their nationwide contact number is 0300 123 5000.
General - https://www.devon.gov.uk/roadsandtransport/document/winter-service-and-emergency-plan-2020-2021/
Primary Salting Network https://www.devon.gov.uk/roadsandtransport/document/winter-service-and-emergency-plan/#2-5primary-salting-network-psn-map
Secondary Salting Network - https://www.devon.gov.uk/roadsandtransport/document/winter-service-and-emergency-plan/#25-primary-salting-network-psn-map
Winter service and emergency plan - Roads and transport (devon.gov.uk)
Devon County Council aims to assist safe Winter Travel in every way that we can, however not everything is under our control or in our remit.
Below is a list of some of the things we are unable to do.
Whilst some precautionary treatment of footways and cycleways would be desirable, the cost of providing a service suggests that the current policy of only providing a reactive service is appropriate, when considering the risks to the road user and the Authority.
Busy footways e.g. main shopping centres are treated on a reactive basis during periods of prolonged freezing, within the resources available, once the precautionary salting network is clear.
Major cycleways will only be treated on a reactive basis during periods of prolonged freezing within the available resources and priorities.
If your parish council has a registered snow warden, they may be able to assist with gritting footways and cycleways in your local area.
We do not routinely salt most school bus routes (except access to secondary schools), the bus driver is the one who will make the decision as to whether it is safe to travel.
Schools are being encouraged to use social media, local radio/TV and their own websites to update parents, and there is a DCC schools closure website where schools that have subscribed can update their information on closures and live updates. They are also encouraged to be prepared and buy their own salt if need be.
Where we salt
2,650 km (1,650 miles) of roads are on the precautionary salting network. This includes major roads and routes to larger settlements, as well as accesses to emergency services such as hospitals or fire stations to make travelling as safe as possible. Despite this, 80% of roads are not routinely treated. Details of gritting routes in Devon can be found at devon.roadworks.org
Can I apply to have road X considered for the gritting route?
If you believe the road meets our criteria but is not currently gritted, you can contact us at csc.roads@devon.gov.uk with your case and it will be passed to the relevant persons for consideration.
Do you salt/grit the minor roads?
Yes, there is a secondary network which includes a lot of the minor roads to smaller communities. This secondary network is treated during extended periods of cold weather (defined as snow or ice most of the day) but not until the main route is clear. The following criteria are used to determine which roads are salted as part of the secondary network:
Settlement population
Main access route to settlements with a population of 100 to 499. Park and Ride sites Car parking area.
Bus routes
Where problems have been identified on routes with a service interval of at least 30 minutes within any one hour of the day, in one direction of travel, or where a combination of multiple bus services meet this criteria.
Main highway access route to Devon County Council level 1 properties
Those council properties providing essential services which cannot be closed in severe weather – as defined during the swine flu pandemic emergency response
Salt bags
If you’d like salt bags to be provided for use on the public highway, please contact us on 0345 155 1004 and provide location details. The local engineer will then consider your request. Please note that we will not provide salt bags in areas with an active snow warden. Please contact your local snow warden via the parish/town council with regards to salt bags.
It is not possible to place bags at every location and normally we will only provide them if the location is a known trouble spot, is on a steep hill and/or at important junctions.
We do not provide salt bags for use on private property however, you may be able to purchase some at your local builders’ merchant or DIY store.
Why don’t you salt/grit my road?
Devon County Council maintains nearly 13,000 km or 8,000 miles of roads in the county.
During a winter emergency situation, it is not practicable or cost effective for the whole network to be pre-treated or cleared immediately. The primary salting network is made up of the major routes where the majority of vehicle movements take place and also includes accesses to hospitals, ambulance stations, fire stations and other emergency service establishments, railway stations, airports and secondary schools. The length of road forming the primary salting network of 37 routes is 20% of the road network.
Primary salting policy
The primary salting network is made up of the major routes where the majority of vehicle movements take place and also includes accesses to hospitals, ambulance stations, fire stations, other emergency service establishments, railway stations, airports and secondary schools. The length of the 37 routes which form the primary salting network is 20% of the road network. The following criteria are used to determine which roads are salted:
Strategic routes - All A and B roads and C roads classified as high-speed routes.
Traffic flow - Routes with February two-way flows greater than 1000 vehicles per day.
Settlement population - Main access route to settlements with a population of 500 or greater as provided by Devon County Council’s Strategic Intelligence unit.
Emergency premises - Main access route to 24hr emergency services premises, defined as “Emergency premises with 24-hour access” include: ambulance stations, full-time and retained fire stations, hospitals with 24-hour casualty departments and police stations manned 24 hours.
Cottage and community hospitals - Main highway access route to strategic cottage and community hospitals as notified to the authority by Devon Primary Care Trust.
Secondary schools (including independent secondary schools) - Main highway access to secondary schools.
Bus routes – Bus routes with a service interval of at least 15 minutes within any one hour of the day, in one direction of travel or where a combination of multiple bus services meet this criteria.
Airports - Main highway access to regional airports.
Railway stations - Main highway access to mainline and branch line railway stations.
Adjoining highway authority salting networks - Agreement to ensure consistency of action across boundaries. Park and Ride sites - The bus loop of Park and Ride sites.
There are certain areas where either no budget or very limited budget exists, a common one being fencing. If this is the case, then works may be carried our via our Asset Team and money obtained through Capital (central government funding), in some cases if money is available, works may be paid for through our Highway Safety Budget or the NHO Doing What Matters (DWM) Budget, however, in many cases works to replace fencing/barriers may take a number of months or even years.
Various other budgets also exist, however, these are controlled by the various teams associated with said budget, an example being The Traffic Management Team who control the budget for Line marking, signage etc.
In all cases, other than the budget set for each NHO (Revenue) we have no control over how these are spent.
Apparatus & excavating the highway
Temporary Traffic Restrictions
Place materials on the highway
Vehicle Crossings
Disabled parking bay
Scaffolding
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USEFUL CONTACT NUMBERS/INFORMATION https://new.devon.gov.uk/help/contact-us/
Customer Service Centre (CSC) 0345 155 1004 customerservicecentreroadstransportteam-mailbox@devon.gov.uk,
National Highways (formerly Highways England) (Nationwide Contact Number) 0300 123 5000 https://nationalhighways.co.uk/about-us/contact-us/
NOCC (Network Operations Control Centre) 24hrs 7 days-a-week 0345 155 1008
DCC Website ‘Roads & Transport’ https://new.devon.gov.uk/roadsandtransport/
DCC Accident sites/statistics http://www.devoncctraffweb.co.uk/public/collisionmap.html
One.network (was Roadworks.org) https://one.network/
Devon Road Works (Information on works, Works promotor &Contact details https://apps1.wdm.co.uk/Live/Devon/PBLC/PIP/Map.aspx?cg=sws
Winter Service Information https://new.devon.gov.uk/roadsandtransport/safe-travel/winter-travel/grit-bins/
The Highway Network (Road Categories) https://www.devon.gov.uk/roadsandtransport/data/
Annual Collision Report (public facing)
https://new.devon.gov.uk/roadsandtransport/safe-travel/road-safety/collision-data/collision-reports/
Devon Collision Map (public facing) http://www.devoncctraffweb.co.uk/public/collisionmap.html
Devon Collision Dashboards (public facing)
https://new.devon.gov.uk/roadsandtransport/safe-travel/road-safety/collision-data/data-dashboards/
Grit/Salt request https://www.devon.gov.uk/devonhighways/self-help
Flood risk http://apps.environment-agency.gov.uk/wiyby/cy/151263.aspx https://flood-warning-information.service.gov.uk/long-term-flood-risk/map https://www.devon.gov.uk/floodriskmanagement/
Community Speed Watch https://www.communityspeedwatch.org/
Citizens Advice https://www.citizensadvice.org.uk/
DATA – Devon Highways Drainage (Gullies etc) & The Highways Network (Road Categories etc) https://www.devon.gov.uk/roadsandtransport/data/
Fly Tipping – Report to Borough Council https://swd-central.swdevon.gov.uk/w/webpage/request?service=fly_tipping&council=WD
WDBC Telephone – 01822 813600
Milestone - https://www.milestoneinfra.co.uk/contact-us/
Make a claim - https://www.devon.gov.uk/roadsandtransport/maintaining-roads/safety/highways-insurance-claims/how-do-imake-a-claim/
Data Dashboard – Web Link
https://www.devon.gov.uk/roadsandtransport/safe-travel/road-safety/collision-data/
https://www.devon.gov.uk/roadsandtransport/safe-travel/road-safety/collision-data/data-dashboards/
Interactive map for Road Works, Planned, Present & Completed within the last 3 months https://apps1.wdm.co.uk/Live/Devon/PBLC/PIP/Map.aspx?cg=sws
OTHER USEFUL INFORMATION
What3Words App (Android/iOS). W3W is a location and mapping tool that uses its own grid system to allow you to pinpoint your location down to 3m². This can prove to be extremely useful, for example, noting the exact location of a pothole for future entry, pinpointing the exact location of a dangerous tree or for purely providing better and more precise information for the NHO prior to any potential inspection.
Desktop site - https://what3words.com
The App can be downloaded to your phone or tablet via the Play Store or App Store