Incident involving low obstruction, which I hit! Need to know height restriction signage

[eastern]

I recently had an accident in my companies van. What happened was I hit the archway that is part of the entrance to a courtyard where I was delivering to. I reversed and hit the archway doing damage to the van and I believe to the archway itself which is part of a house. The owner is getting a structural engineer to inspect the damage and it is now in the hands of the insurance company. What I need to know is; Is there a legal requirement to have a sign firstly warning you of a low obstruction and secondly informing you of the restricted access height limit, ie 2.3 mtrs? Non of these signs are present and even though I knew the obstruction was there I still did not know the height limit. The incident happened in Scotland and on what is sign posted as a private access. Any help would be greatly appreciated, so thank you in advance.

[ChuckFickens]

Sorry, but you should be aware of the fact you are driving a tall vehicle and checked if it fits before going under it.

[jackthehat]

Was this you ?

http://www.thecourier...toric-scone-arch.html

[DTCwordfan]

yae know, I'think soooo. interesting to see if eastern comes back.....

[karenmac60]

A few years back, there was a new library built in our area which had a large courtyard for the mobile vans to be parked in. It was entered from the road by an archway and looked very nice - but no one had thought to measure the height of the vans. They now sit in the road outside the library and there is a lovely empty courtyard next to them.

[society]

Ooooh Jack! I believe you might be right...

[dotty.]

that was a few months ago, it was on the news, I am sure the story was that the contractor had used the archway several times and should have known the headroom

[The-HouseHusband]

If it is private access then the law does not require the fitting of signs, as a vehicle operative it is your duty to ensure that you can fit through or under any obstruction whether signed or not. You will be held to account for all damages i am afraid, worse still is that the firms insurance will refuse to payout and pass the bill onto you due to what can be classed as driving without due care or attention!!

[eastern]

No that was not me that demolished the arch!! The Police told me that it makes no difference if its a private road, there are all kinds of issues such as do the bin lorries have access etc. The thing is if there there is no indication of the height how are you to know if you can get through without someone watching as you try? Oh by the way the insurance company can't throw this back at me and refuse to cover the incident, if that were the case then any accident that is your fault could mean you loose your cover.

[TWR]

Eastern with all respect to your answer, you are at fault, Ist you should know the height of your van, & this you may find stupid, you should have carried an item that in the case like you have mentioned, you could have tried the height before you entered the area, as regards height indicators,does your van have one above your head within the cabin? it's not law but advisable, over the years I have seen people with artics like the ones I used to drive hitting bridges, it only takes five Min's of your time to check but very very costly if you don't as either yourself or your insurance is about to find out.

[eastern]

I appreciate all your comments regarding fault, I don't need lectures from people regarding that, I'm not questioning that. What I want to know is; Is there a legal requirement to have a notice of the height of an obstruction, simple yes or no.

[TWR]

Motorways, Yes, Urban, Yes, Courtyards, NO.

[eastern]

As it's a courtyard in an Urban area with public access, I will take that as a yes, thank you.

[TWR]

Lesson learnt here, check before you enter, no I am not Criticizing, but I did check. Merry Xmas.

[The-HouseHusband]

Checked with DFT and if it is a private access way then there is no obligation for the placement of signs, if a bin wagon can enter it must be a large opening, What size of vehicle were you driving? It is purely in the hands (or eyes) of the vehicle operator as i stated earlier. As for the insurance company not being able to pass on the bill they are quite within their rights to refuse payment if it is shown that it is not an accident but a case of driving without due care and attention. Hitting an overhead obstruction whether signed or not can easily be classed under the above as the driver hasnt taken into account factors that are easily spotted! (HGV INSTRUCTOR, INSURANCE LOSS ADJUSTER, TRANSPORT MANAGER EUROPEAN)

[eastern]

With all due respect to your list of qualifications. If an insurance comapny could cancel someones claim because of driving without due care and attention then nearly every single claim could have one parties claim cancelled as most accidents are caused by negligence by one party. As the accident happened in Scotland there are issues with the word "private", when I spoke to the police they said it makes no difference, unless there's a locked gate its public access and should be treated as a public road especially if its adopted by the council. I'm not trying to shurk my responsibilites here just trying to establish the law as it stands. Anyway thanks for everyones input on this matter and happy xmas.

[bednobs]

hiya i would say leave it all in the hands of the insurance company - if there is a way they can get out of "you" (ie them) being responsible, such as it should have been signed, they will find it!

[buildersmate]

A private courtyard (whether accessible to the general public or not) will not be adopted. That's an oxymoron.

[moonraker558]

If you were not sure of your van going through the archway all you had to do was drive up to it and get off your a55 and check from outside. It was your fault.

[eastern]

Yeah right, its dark, its snowing, I don't have a big ruler with me and the recipient has asked me to drive into the courtyard. When you know all the facts then you can make an intelligent decision, I emphasise the word intelligent!! As I said originally what I want to know is "what's the legal requirement" not some plonker telling me what I already know.