All too often this sign is used to prevent pedestrians using a
public right of way. Its use has become common place as a
'quick fix' with little or no regard to pedestrian safety.
A footpath
runs across fields or is adjacent to a highway, but not a part of
it. A footpath may be maintainable at public expense.
A footway
is part of the highway and usually adjacent to the carriageway. It
would be maintainable at public expense.
Where a 'way' is maintainable at public expense it should not be
obstructed by anything, this includes, skips, scaffolding, debris,
unauthorised signs, etc. To have a legal right to
close a part or whole of a public highway requires a Traffic
Regulation Order issued under the Road Traffic Regulations
Act. An order usually takes six weeks to process and will
cost anywhere between £100 and £600 depending on the
arrangements that are required. The road/footway, etc,
becomes a legal stopping up order once authorised and will carry a
time frame for such a closure.
Stopping up of a FOOTWAY/FOOTPATH is
also carried
out under the Town and Country Planning Act.
There are some problems associated with the use of the sign.
- It is not prescribed in the
Traffic Signs Regulations and General directions 2002.
- To close a public right of way
requires the permission of the highway authority, in the same
way as requesting a road closure.
- It is placed on a 'footway'
rather than a 'footpath'.
- In closing the footway provision
should be made to ensure that pedestrians can either use a
clearly defined temporary walkway or cross to use an
alternative footway in safety.
- The use of such a sign on a
'safe route to school' would be considered as placing young
people at risk.
- It is a criminal offence to
obstruct a public right of way without authority and can face
a fine of up to £1000.
The correct sign to use is shown on the left. The arrow may
face either direction and may also be substituted with the words
'PLEASE USE OTHER FOOTWAY'.
In selecting the option to request
pedestrians to use the other footway a risk assessment should
determine that pedestrians can cross in relative
safety. Should the assessment prove that this is not
the case a temporary walkway which meets the requirements of
Safety at Streetworks and Road Works (Approved Code of Practice)
must be used, this should remain the first option.
Consideration must also be given to 'safe routes to school' and
the authority consulted where it is intended to close such a
route.
Temporary walkways that use part of
the carriageway must always include a safety zone that keeps vehicular
traffic away from the walkway. Should sufficient width
for two-way traffic not be available then traffic control may be
required.
Are you getting it right?
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