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Road closed, drive past are you insured?

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Lets say for example I have a 4x4 and I was fortunate to have some snow chains.

I come upon a road which has been closed by highways or council with road closed signs.

I drive down or up ;) said road and for whatever reason have an accident.

Where does one stand on insurance?

Just wondering, because I\m off to get some snowchains :) but the roads get roadclosed signs put up.

I reckon given the congestion normally a max speed of 30mph my commute in snow will be no worse than normal :)

Unless I get a drift... but hey that's what sweat and shovels are for.

Stranded vehicles unless jackknifed lorrys should be fine too.

Need to get some chains for adventures into scotland over the next few years... the fact I've got 5" of snow outside and no laptop power left if irrelevant :)

You did enter the closed though a side road and didn't see any Closed Road signs didn't you.:yes:

How would the insurance company know the road was closed?

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It's on most of the travel websites as closed ;)

I've not done it yet, it was just a question SWMBO asked of my crazy plan :)

Drive up, kick the sign over, cover it in snow, and go for a play and claim there was no sign.

Job done. :)

I think the answer may depend on the style / design of the sign.

If its a red circle (ie like a speed limit sign) the instruction would be considered mandatory.

If its in a rectangle then maybe it could be considered as "advisory" only.

I've had a quick look at the Highway Code and I can't find anything to confirm this though - does anyone have the "Know Your Traffic Signs" book?

Is this Snake Pass by any chance?

A thread on this very subject:

http://www.pistonheads.com/gassing/topic.asp?h=0&t=509038

Seems the consensus is:

IIRC To place road closed signs out, there must be a road closure order, people breaking the closure order are liable to penalty.

or on the flipside

But what 'offence' is committed for failing to comply with a Road Closed sign, permanent or otherwise ?

The offence of failing to comply with a traffic sign is provided by Section 36 Road Traffic Act 1988

A 'Road Closed' sign is a permitted variant of a 7010.1 sign:

Regulation 10 of the TSRGD 2002 specifies the signs to which s.36 RTA 1988 applies - and 7010.1 is not listed.

This would tend to suggest that it is not an offence to contravene a 7010.1 'Road Closed' sign..

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SWMBO came to the conclusion that I'd be ignoring a road sign and liable, I though naaa.

Of course her approach was far more considered and researched, mine was... a little more from the school of JFDI.

Interesting one though isn't it ;)

Of course with chains etc on one would not hope to have a bump and it will all be melted by next week. But I will be doing trips to Scotland, Glencoe etc and I know they close the road, but the euro land cope with far worse conditions. eg Chamonix had 30cms this week in town.

If any one contravenes a TRO, (Traffic Regulation Order) then they are committing an offence subject to penalty. That is, for instance a county Council for some legal reason decides to close a road for a definitive period then normally they are required to advertise that fact in a Public Notice close to that road and also in two News Papers, one a local paper and second in the London Gazette. This did once apply for the who;e of England and Wales but it may well be different now. The notice usually has to stand for a set legal period inviting objections. After that period the road or length of highway between what ever as stated within the public notice then can take place. The obstruction or road closure can only stand for a set period of time.

For temporary road closures such as some one deciding that a road is too icy or too much snow, I have no idea what the Law states and how legally binding they are. This type of road closure is becoming increasingly common unfortunately. I do not know exactly who be it the Police or some single individual in the Local Authority and even if they have the authority to do so. I crossed one such notice several years ago because the road was flooded. In fact I all but drove over the sign as it was under the water and fallen over but I knew it was there. I was driving a Mercedes UNIMOG so saw no reason to obey it. I drove on for a quarter of a mile or so ploughing through water deep enough to submerge the bonnet of a Landrover and emerged eventually outside of a village where two Police officers where sitting in their panda car chewing the cud. I stopped before reaching the other road block and enquired about the legality. They just said cant I read blar blar and I explained that I could but not under water. I told them about the submerged sign and offered to drive back with them to resurrect it but they declined and drove about 10 miles around to do it the hard way. They did not know what the legal rights and wrongs where just expecting everyone to do as they are told. I have 6 four wheel drive vehicles some of them extremely capable. I would neve disobey a TRO without a very good reason life or limb but would if it was just slung up by any odd person, so I would like also to know to know what the lega implications are so I can decide if I will just drive over the next sign, only joking officer.

I wouldn't be surprised to find that if you hurt someone else or their property, you could be done for careless driving, or even dangerous driving.

Would think it's got a standing traffic order -certainly the one I'm thinking off will have -it'snot just a sign -it's a big ,two lane barrier ,with padlock & chain .Can't see that not being done officially .Glencoegets a lot of snow each year ,and a lot of folks not knowing the road used to try it .The fact that it had snow poles ,which the snowploughs used ,meant nothing to those people .Wonder if the "NO ENTRY " sign is needed to enforce ?

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Well if that barrier was up I'd not try... but I've been up there and it has snowed when I'm in the glen, rather the tops and got back to a road covered in snow.

It's more the little red road closed signs, because, just as you had a unimog of the conditions are fine for a little orange backed county council pickup, why not a good landy or suitably prepared vehicle, after all the alpine lot drive on snow all the time.

I just guess the uk plod will have field day, worth considering as I saw a fair few drive past red signs the other day, they didn't get stuck either.

The road collapsed here after a tree blow over and the side road just slid away in a landslide. The CC put up no access signs to prevent cars from going up the road but if you lived near by it would be a pain to go around. As this is a public site with big eyes and ears, suffice to say, the most local farmers etc just squeezed their 4x4 past.

I am local, that is all I will say. The thing is CC might have a responsibility but it is getting ridiculous these days and very namby pamby! CC would never have bothered in the past no sign and ages to repair it. I can still take you to places that have collapsed roads near to here that the CC have just pretended do not exist. We live in an increasingly litigious World with more and more inexperience drivers. Unfortunately the rules and inconveniences are just going to get even more restrictive and prescriptive.

Don't car insurance policies have wording to the effect that you must take reasonable precautions to prevent an accident/damage? Much like having to lock your home for a home insurance policy. If it can be shown that you ignored a road closed sign before having an accident then I think you would be in a sticky situation regarding your claim. In some ways its similar to those who drive into standing water in a flood situation and wreck their cars although I have yet to hear of a refusal to pay out in this instance.

I have previously driven past a road closed sign to travel across a demanding Cumbrian fell road. On the day in question, the colleague I was travelling with and I decided on the balance of probabilities and the prevailing conditions that the sign was now incorrectly shown (the road had recently been closed). We were correct and crossed without any hazard and the closed sign on the road exit was not in use :rolleyes: Driving past a road closed sign when there's 2 foot of snow on the ground would be a little different.

In this part of the world road work signs and caution are every where. They are very good , usually but not every time of putting them out when doing work but they all too frequently leave them behind and they stay their for an eternity or until someone steels them. It rather defeats their object as a warning sighn because so many warn of nothing or something that was done ages ago.

I'd guess the insurance co would make enquiries as to road closures and void insurance accordingly. Most 'closed for safety' signs will be inspected regularly by emergency services to ensure they are visible and remain in place.

The beginning of the road up to my regular twice weekly walking haunt, Moel Famau, has had a 'road closed' sign up for the past 2 weeks now, and judging by the number of car owners that are brave enough to go up there including me....it's not actually THAT bad in all honesty PROVIDING you don't drive like a demented goon.... I'd say it's ok.

Just got to be careful constantly watching out for the wanabe Sebastian Loebs charging and sliding around.

  • 4 weeks later...

outside mine the police put a road closed sign in the snow 3-4 weeks ago, the snow melted and road was safe about 5 days later, however the road closed sign is still there? does that mean everytime i leave my drive way and the mile and half of country lanes to the main road my insurance is void or i comiting a offence, because i've ignored a forgotten about road closed sign?

Edited by richwarwicker

And where (ignoring things like the Rannoch Moor snow gates) does this place someone who requires access to a location between the closure sigh and the actuall blockage?

I guess it's all down to the exact wording in the emergency order.

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