Ignoring a road closed sign on flooded road

Santafemad · Jan 12, 2014

Just after Sonning bridge (Oxfordshire/Berkshire border) the river Thames is flooding the road to a depth of about 18 inches maximum, Oxfordshire county council have put up red Road Closed signs (and flood warning triangles) for a 200m section of road. the water is slack with no flow so I have been driving through (nice and slow as the fan belt starts to make a racket if it gets wet) as the diversion is taking an hour.

Yesterday I got very heavily challenged by a local resident who told me the road was closed and that I should not drive through. He was concerned that the wash from passing cars was going up his drive (at the speed i was going this was clearly not the case for me). He took a photo of the Landrover and said he was going to report me and that I was liabile to 3 point penalty.

My question is - could I be prosecuted for passing the red sign (I can see no Road Traffic Order posted)

Clearly if i thought I was damaging his property I would cease travelling this route until he flood water has subsided.

stew laws · Jan 12, 2014

I would not worry over this... who knew what your business was for the route you took, too many sensitive souls in the world with a bugbear for life.
Did you tell him about your dyslexia

Chrisw8 · Jan 12, 2014

surely 'road closed' is not the same as 'no entry'

Freelaner · Jan 12, 2014

I went through one last year in front of two coppers and they said nowt

The Mad Hat Man · Jan 12, 2014

there has been concern raised at he damage caused by the wash from vehicles possibly breeching defences.

stew laws · Jan 12, 2014

Quite simple... you and only you know the reason why you took that route.
Reality is could they prove you were acting in a reckless manner and under what law, a photo proves what exactly, I would not fret.

Martyn110 · Jan 12, 2014

Ah you mean he took a photo of your land rover which was parked on that road and then subsequently got flooded.....

blue beasty · Jan 12, 2014

stew laws said:
Quite simple... you and only you know the reason why you took that route.
Reality is could they prove you were acting in a reckless manner and under what law, a photo proves what exactly, I would not fret.

Photo would prove a road closed sign was ignored for one thing

Covered by Road Traffic Act 198.....sommink or other. Possible fixed penalty no points iirc.

I'd imagine a claim for damage caused by a wash would have to be private prosecution but is a real concern as it's almost impossible not to cause one and can displace a helluva lot of water.

stew laws · Jan 12, 2014

I would sleep easy with this one, the questionability of an offence been committed would be so tenuous.
Someone having a bad day with precipitation

DIFFLOCK66 · Jan 13, 2014

So... what does the homeowner drive? Does he don wellies and walk down the road because his poxy little car won't work? The road is apparently closed.. does that mean residents cannot gain acess?

blue beasty · Jan 13, 2014

DIFFLOCK66 said:
So... what does the homeowner drive? Does he don wellies and walk down the road because his poxy little car won't work? The road is apparently closed.. does that mean residents cannot gain acess?

Potentially yes

200 · Jan 13, 2014

I have and everybody else has been driving past 2 road closed signs on my road.The road works are on one side and only one side is coned off yet there is a road closed sign at either end of the road work,i use that term loosely in other words they dug a hole and foooked off for 3 weeks now bastids.

blue beasty · Jan 13, 2014

200 said:
I have and everybody else has been driving past 2 road closed signs on my road.The road works are on one side and only one side is coned off yet there is a road closed sign at either end of the road work,i use that term loosely in other words they dug a hole and foooked off for 3 weeks now bastids.

Been trying to get some reliable info on this but it's not very clear.....that and my puter keeps crashing while trying to cross reference between half a bloody dozen documents :doh:

It looks like a red and white highways sign is only enforceable if accompanied with a TRO notice but a blue and white sign is to be treated as direct instruction from the police whether placed there by them or by agents acting on their behalf.....and enforceable as such.

There are reports of police giving out fixed penalty notices (£60 + 3points) in some areas over the last few weeks.

fanatic · Jan 13, 2014

Usually road closure except for access.

Thor1950 · Jan 13, 2014

blue beasty said:
Been trying to get some reliable info on this but it's not very clear.....that and my puter keeps crashing while trying to cross reference between half a bloody dozen documents :doh:

It looks like a red and white highways sign is only enforceable if accompanied with a TRO notice but a blue and white sign is to be treated as direct instruction from the police whether placed there by them or by agents acting on their behalf.....and enforceable as such.

There are reports of police giving out fixed penalty notices (£60 + 3points) in some areas over the last few weeks.

This summer there was a lot in the news about it, and if cops/councils/ road works put signs and you go around them, Then said there will be fines given and if photo evidence it will be used. They said 4x4s have done lots of damage driving in flooded roads to private property with wave action. And as BB said flood defense measures could be compromised

barleywine · Jan 13, 2014

Just did a quick search, "road closed due to flood traffic offence" it came up with this.

Roles and responsibilities - Highways Agency

If you were not creating any wash, then I hope karma lets you off.

Discovery2TD5 · Jan 13, 2014

There's a ford not far from me which has a "Road Closed" sign if someone so much as spills a pint near it, due to several old couples in BMWs/Mercs attempting it a few years ago when it flooded to several foot and getting stuck and having to be rescued.
There is a depth gauge though and it doesn't flow fast so it is easy to make a judgement on whether to go through or not, but the detour around it takes about 40 minutes.

JonnyP · Jan 13, 2014

Of course its never the house owners fault for living in a house so close to a river..!

Nigel-S · Jan 13, 2014

It's pretty obvious if a road is flooded, signs or no signs. The thing that would concern me is if manhole covers may have lifted during the flood, hence the 'Road Closed' signs.

nrgserv · Jan 13, 2014

Discovery2TD5 said:
There's a ford not far from me which has a "Road Closed" sign if someone so much as spills a pint near it, due to several old couples in BMWs/Mercs attempting it a few years ago when it flooded to several foot and getting stuck and having to be rescued.
There is a depth gauge though and it doesn't flow fast so it is easy to make a judgement on whether to go through or not, but the detour around it takes about 40 minutes.

curious as to what area this 'uns in

Ignoring a road closed sign on flooded road

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