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PostPosted: Tue Nov 28, 2006 11:42 
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SafeSpeed wrote:
antera309 wrote:
What more is there to discuss?


Well, the bollards are still there... :)

We have to talk and talk until they are gone. I may have managed a death blow today. See Wednesday's MEN. :shhh:


Excellent - look forward to seeing that.

At the end of the day, a simple "no entry" sign with some sort of enforcement camera would be perfectly sufficient. Better for emergency vehicle access too.

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PostPosted: Tue Nov 28, 2006 13:29 
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antera309 wrote:
People, the answer to this debate was way back on page 5.

PeterE wrote:
Here's a link to the DfT's Traffic Advisory Leaflet on Rising Bollards published in 1997:

http://www.dft.gov.uk/stellent/groups/d ... 504750.pdf

This says:

"The system should ensure that bollards cannot rise beneath a vehicle because of the danger this would create. It is better to risk a certain amount of violation by "tailgating" vehicles, rather than put road users at risk."

Very obviously this is not happening in either Manchester or Cambridge.



There are guidelines regarding use of these bollards.

The guidelines subscribe to good safety practice and common sense.

In manchester, the guidelines have not been followed, either through negligence or through malice.

Damage has been inflicted on peoples' personal property as direct result of the guidelines not being followed.

The innocence or otherwise of the victims in relation to other offences is irrelevant under UK law.

What more is there to discuss?


Watch the movie i posted again more carefully. The bollards do not rise under a passing vehicle; they stop rising as soon as a vehicle crosses them.


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PostPosted: Tue Nov 28, 2006 13:35 
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balrog wrote:
antera309 wrote:
People, the answer to this debate was way back on page 5.

PeterE wrote:
Here's a link to the DfT's Traffic Advisory Leaflet on Rising Bollards published in 1997:

http://www.dft.gov.uk/stellent/groups/d ... 504750.pdf

This says:

"The system should ensure that bollards cannot rise beneath a vehicle because of the danger this would create. It is better to risk a certain amount of violation by "tailgating" vehicles, rather than put road users at risk."

Very obviously this is not happening in either Manchester or Cambridge.



There are guidelines regarding use of these bollards.

The guidelines subscribe to good safety practice and common sense.

In manchester, the guidelines have not been followed, either through negligence or through malice.

Damage has been inflicted on peoples' personal property as direct result of the guidelines not being followed.

The innocence or otherwise of the victims in relation to other offences is irrelevant under UK law.

What more is there to discuss?


Watch the movie i posted again more carefully. The bollards do not rise under a passing vehicle; they stop rising as soon as a vehicle crosses them.


But they still rise outwith the driver's field of view and even when they do stop they are still high enough to cause serious damage to vehicles, including airbag deployments, and risking serious injury to occupants and bystanders.

Whichever way one tries to defend these things, there is always a low cost solution which achieves the purpose of enforcement with much less danger than these bollards inherently have.

Even if they immediately retracted on impact - the damage is already done.

It doesn't seem to much of an issue what happens when they sense a vehicle - the crash has already happened :?

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PostPosted: Tue Nov 28, 2006 14:30 
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Ziltro wrote:
Why has nobody attacked the things with a hammer or something?

All an intelligent anarchist need to is fool the sensor so that the bollard rises before the bus, crammed with passengers, has completely passed.....


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PostPosted: Tue Nov 28, 2006 15:01 
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antera309 wrote:
At the end of the day, a simple "no entry" sign with some sort of enforcement camera would be perfectly sufficient. Better for emergency vehicle access too.


Or just a normal fence/bolards. If the reason to stop cars is safety, why allow buses at all?


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PostPosted: Tue Nov 28, 2006 16:02 
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jamie_duff wrote:
balrog wrote:
antera309 wrote:
People, the answer to this debate was way back on page 5.

PeterE wrote:
Here's a link to the DfT's Traffic Advisory Leaflet on Rising Bollards published in 1997:

http://www.dft.gov.uk/stellent/groups/d ... 504750.pdf

This says:

"The system should ensure that bollards cannot rise beneath a vehicle because of the danger this would create. It is better to risk a certain amount of violation by "tailgating" vehicles, rather than put road users at risk."

Very obviously this is not happening in either Manchester or Cambridge.



There are guidelines regarding use of these bollards.

The guidelines subscribe to good safety practice and common sense.

In manchester, the guidelines have not been followed, either through negligence or through malice.

Damage has been inflicted on peoples' personal property as direct result of the guidelines not being followed.

The innocence or otherwise of the victims in relation to other offences is irrelevant under UK law.

What more is there to discuss?


Watch the movie i posted again more carefully. The bollards do not rise under a passing vehicle; they stop rising as soon as a vehicle crosses them.


But they still rise outwith the driver's field of view and even when they do stop they are still high enough to cause serious damage to vehicles, including airbag deployments, and risking serious injury to occupants and bystanders.

Whichever way one tries to defend these things, there is always a low cost solution which achieves the purpose of enforcement with much less danger than these bollards inherently have.

Even if they immediately retracted on impact - the damage is already done.

It doesn't seem to much of an issue what happens when they sense a vehicle - the crash has already happened :?


So you agree they function as required by the guidelines?


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PostPosted: Tue Nov 28, 2006 16:26 
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No - because the guidelines state that letting a few offenders through should be prefered over causing accidents.

Edit: I also expect that if scrutinised due to a test case of sorts - the interpretation of the wording would come under question.

I would read the guidelines as to say they must not rise up into the path of an immediately approaching vehicle, whereas you take it quite literally as they must not rise up whilst a car is directly overhead.

I think in the case of death or serious injury the courts would find in favour of the former, since the former prevents injury and the latter (literal) interpretation would achieve little/nothing in terms of preventing injury. As I said last time round - the crashes and injuries caught on camera have already occurred as a direct consequence of the bollard's function prior to the cut-off preventing it rising further.

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PostPosted: Tue Nov 28, 2006 16:58 
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jamie_duff wrote:
No - because the guidelines state that letting a few offenders through should be prefered over causing accidents.

Edit: I also expect that if scrutinised due to a test case of sorts - the interpretation of the wording would come under question.

I would read the guidelines as to say they must not rise up into the path of an immediately approaching vehicle, whereas you take it quite literally as they must not rise up whilst a car is directly overhead.

I think in the case of death or serious injury the courts would find in favour of the former, since the former prevents injury and the latter (literal) interpretation would achieve little/nothing in terms of preventing injury. As I said last time round - the crashes and injuries caught on camera have already occurred as a direct consequence of the bollard's function prior to the cut-off preventing it rising further.


Thanks with sticking with me here, I think you see my point though? The guidelines themselves are not worded properly so really you ought to attack those rather than than the function of the bollards?

I have less faith in the courts than you; you might expect the courts to interpret the guidelines sensible I think they would interpret them literlly especially at the lower court levels. I believe the bollards function as specified in the guidelines. Its also worth bearing in mind that operating guidelines are just that; guidelines. A court will take the guidelines literally, should they feel the guidelines have any relevance, and the literal function of the bollards and compare the two. Hence I believe the bollards are right (in terms of the guidelines, my opinion of them may vary :) ) and the guidelines are wrong.

The guidelines may not have any relevance in a court. The only reason you would want to present the guidelines is as evidence of following a 'best practice' approach (ie the engineer who installed the bollards is NMP'ing* the problem back to whoever passed the guidelines)

The guidelines ought to say something along the lines of 'the bollards should retract if any vehicle is overhanging in any way'

*NMP == Not My Problem


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PostPosted: Tue Nov 28, 2006 17:06 
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I agree that there is definate animosity there and by the literal word, the bollards appear to function as suggested (leaving aside the wish that a few get through rather than crash - as I don't think would hold any legal value).

I would still be very interested to see what would become of this in a court case though, as I still believe that a good lawyer could convince that they constituted an unneccessary hazard - especially if there was a death involved.

(Not that I'd wish anyone to be killed or even injured just to prove a point for our sakes!!!!)

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PostPosted: Tue Nov 28, 2006 17:15 
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smeggy wrote:
Ziltro wrote:
Why has nobody attacked the things with a hammer or something?

All an intelligent anarchist need to is fool the sensor so that the bollard rises before the bus, crammed with passengers, has completely passed.....

I was wondering what would happen if someone walked out in front of a bus while it was over them and caused it to stop. Would it instantly get skewered?

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PostPosted: Tue Nov 28, 2006 19:26 
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balrog wrote:
The bollards do not rise under a passing vehicle; they stop rising as soon as a vehicle crosses them.


It's difficult to say for sure, but it appears that the bollards stop rising as soon as they come into contact with part of the vehicle, which isn't quite the same thing.

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PostPosted: Tue Nov 28, 2006 21:58 
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Twister wrote:
balrog wrote:
The bollards do not rise under a passing vehicle; they stop rising as soon as a vehicle crosses them.


It's difficult to say for sure, but it appears that the bollards stop rising as soon as they come into contact with part of the vehicle, which isn't quite the same thing.


Given that the theoretical bus may not be at a complete standstill when the bollards (presumably) touch it, before (presumably) lowering out of harms way, there's ample opportunity for the bus to suffer safety critical but non-obvious damage to brake or fuel lines.

Whether the installation complies with the guidelines isn't really the issue. They're causing an unjustified danger, and they shouldn't be there. The fact that the guidelines seem to suggest that the bollards were not intended to be used like that (for very obvious reasons) that just reinforces the fact that the bollards are being used wrongly. Even if it turns out that the guidelines do allow this sort of use, or are changed to allow it, that doesn't make it OK.

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PostPosted: Wed Nov 29, 2006 13:31 
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Has anyone else watching the video noticed that the double-yellow lines on the bottle-necked area where these bollards sit are both incorrectly terminated and significantly broken (apparently from the bollard installation), and are therefore unenforceable.

If someone were to be so incenced by these bollards that they chose to stage a protest in the form of parking at this point, there would be no legal remedy to force them to move or punish them!


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PostPosted: Wed Nov 29, 2006 14:18 
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RobinXe wrote:
If someone were to be so incenced by these bollards that they chose to stage a protest in the form of parking at this point, there would be no legal remedy to force them to move or punish them!

Of course there would. All it would require is a police officer in uniform (or other designated person, which probably includes traffic wardens, and possibly parking attendents and PCSOs by now) to be of the opinion that your vehicle was causing an obstruction and require it to be removed. Failure to comply would be obstruction of the highway. AFAICT, this is tried in the magistrate's court and punishable by a fine not exceeding £1,000 - but I haven't got a reference to the exact legislation (Highways Act 1980, perhaps).

Perhaps someone can enlighten us WRT the immediate powers the police have here, but AFAICT Section 143 of the HA 1980 suggests that if the obstruction is a structure then the authority must issue a notice to require its removal and cannot themselves remove the structure until one month from the date of issue of the notice :twisted:

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PostPosted: Wed Nov 29, 2006 19:38 
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But you wouldn't be causing an obstruction because there are bollards stopping vehicles getting in to the area... ;)
I did notice the lines, but most double yellows are wrong anyway so it wasn't a shock to me... :lol:

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PostPosted: Wed Nov 29, 2006 19:48 
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I had a thought...
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There is a time there. Could people possibly think that this is the hours when the road is open? So if someone arrives around 11:00 and finds a bollard in their way, then a bus arrives and it lowers, they could reasonably assume that the zone is now open.

The description for the red and green lights is something that I can imagine people wouldn't read, it's obvious what red and green lights mean. Also no "ONLY".

Even if someone sees the bollards rising up as they are driving towards them it is not something you expect to happen. So after a bit of panic you have to make a quick choice of which pedal to push to the floor. Hit the brake and you might be ok, (I wonder how many peopel have done that?) but in a panic you might hit the accelerator hoping that you can outrun the thing rising.

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PostPosted: Wed Nov 29, 2006 20:58 
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Ziltro wrote:
But you wouldn't be causing an obstruction because there are bollards stopping vehicles getting in to the area... ;)

AFAICT, it doesn't matter whether something else is also obstructing the highway. In the case of a person or vehicle, all that is required is that an appropriate person (e.g. police officer in uniform) forms the opinion that the obstruction is there. In the case of a structure, the situation is different and the competent authority (the City Council or the Highway Authority) might not (AFAICT) remove that structure for one month after they have issued a notice.

Hypothetically, if someone were inclined to protest about these bollards by blocking off the street entirely, they could deposit a structure (e.g. a garden shed) in the middle of the road, get served with a notice and then within a month of that notice remove the shed. Now if another unrelated but sympathetic person immediately erected another shed in the place where the original had been, the council would need to serve notice afresh and wait a further month before being permitted to remove the offending structure. Not that I'm condoning or promoting such protests, of course, and I suspect that I must be missing something because surely it can't be that simple to block a road to which you object. I suspect that there might be something in the "having control or possession" bit because the authorities might be able to take possession of the structure by having the police remove any protesters from the scene.

Here's the extract from the Highways Act:
Highways Act 1980, Section 143 wrote:
  1. Where a structure has been erected or set up on a highway otherwise than under a provision of this Act or some other enactment, a competent authority may by notice require the person having control or possession of the structure to remove it within such time as may be specified in the notice. For the purposes of this section the following are competent authorities -
    1. in the case of a highway which is for the time being maintained by a district council by virtue of section 42 or 50 above, that council and also the highway authority, and
    2. in the case of any other highway, the highway authority.
  2. If a structure in respect of which a notice is served under this section is not removed within the time specified in the notice, the competent authority serving the notice may, subject to subsection (3) below, remove the structure and recover the expenses reasonably incurred by them in so doing from the person having control or possession of the structure.
  3. The authority shall not exercise their power under subsection (2) above until the expiration of one month from the date of service of the notice.
  4. In this section "structure" includes any machine, pump, post or other object of such a nature as to be capable of causing obstruction, and a structure may be treated for the purposes of this section as having been erected or set up notwithstanding that it is on wheels.

Clause 4 prevents vehicles from being treated as structures - but a fully assembled shed (or even a protest sign on a cruciform base) would be a "structure" ...

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PostPosted: Wed Nov 29, 2006 23:15 
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We've got enough trouble from people like Reclaim The Streets pulling tricks like this, without adding to the problem ourselves.

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PostPosted: Thu Nov 30, 2006 13:06 
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SafeSpeed wrote:
antera309 wrote:
What more is there to discuss?


Well, the bollards are still there... :)

We have to talk and talk until they are gone. I may have managed a death blow today. See Wednesday's MEN. :shhh:


Did anything get published?
http://www.manchestereveningnews.co.uk/ ... aker_.html

Quote:
Bollards are NOT spearing cars, claims maker
Mike Keegan


MANCHESTER'S infamous traffic bollards meet all government safety guidelines - and do NOT rise underneath vehicles.

That is the claim being made by ATG Access, the people who manufactured them.

The company said the bollards, involved in a series of car-wrecking incidents, comply with Highways Agency specifications.

Advertisement your story continues below
A spokesman said they include a sensor that detects vehicles trying to tailgate authorised buses.

The sensor is designed to cause the poles to go back down to avoid impact.

He claimed: "The vehicles in question are impacting into them before they have the chance to fully retract.

"The bollards are not there to trap or spear any unauthorised vehicles, they provide a physical barrier between unauthorised vehicles and the roads they are not allowed onto. They are not striking vehicles - vehicles are in fact striking the bollards."

The claims come after a week of wreckage in St Mary's Gate.

Last Wednesday, a Ford Focus became the first of three casualties in four days and had to be pushed away by police and council workers. The bollards block access to a disabled parking bay between 11am and 7pm and it appears that the vehicle was displaying a disabled badge.



It was followed on Thursday by a Renault Clio and on Sunday by a Volkswagen Polo.

Critics of the system, installed in June, have contacted the M.E.N. to object.

John Stimpson, a director at Macs Solutions, a rival company to ATG, claimed that other, `safer' measures, could have been taken when the bollards were installed and he was `sickened' by video footage showing crashes.

He also criticised the council, claiming that they `ignored' his company's attempts at communication when the decision to tender for the contract was made.

Mr Stimpson said his company operated similar systems in more than 30 towns and cities and claimed they had never had similar incidents.

"There are instances of tailgating where cars go straight through," he said, "but some councils we have worked with use CCTV to prosecute those who do at a later date. There is no reason why this can't happen in Manchester."

But a council spokesman said: "Macs Solutions have never been able to confirm other highway locations where their equipment has been used.

"ATG have similar bollards in at least 60 other authorities around the country, including 12 other locations in Manchester.

"In the case of the St Mary's Gate scheme, it was important to use tried and tested equipment at such a key location."

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
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PostPosted: Thu Nov 30, 2006 13:29 
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anton wrote:
SafeSpeed wrote:
We have to talk and talk until they are gone. I may have managed a death blow today. See Wednesday's MEN. :shhh:


Did anything get published?


Nope. I guess it's still simmering. :)

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