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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70942
Experience:  Over 5 years in practice.
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If a commercial vehicle is unloading a digger facing the

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If a commercial vehicle is unloading a digger facing the wrong way along a one way roadway and causes an obstruction is this deemed a contravention under the road traffic act

hello.

How long were they there please?

Customer: replied 1 month ago.
From about 7.00am to 8.00am approx. they were unloading a digger in a one way NHS carpark there were no flashing lights or supervision my wife had to try and get past the obstruction but scrapped her car on concrete bollards and burst a tyre going across a ramp still laying in the road. Hope this helps I thought they must have been contravening the road traffic act in some way appreciate your thoughts we are trying to claim back repairs of £400 to her car

Thank you.

If this is a public road then you could argue this is causing an obstruction. It depends whether or not the location prohibits or allows loading although the time for which they were there would exceed the normal period allowed for loading.

That said, that does not give you a defence in civil law. Come what may, if they were stationary and you were moving then the reality is that you're likely to be liable I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 1 month ago.
Thank you----one final point if I may----as they were significantly blocking the one way entry road (as they were ) did they not have reasonable responsibility to close the road and supervise the unloading whilst it was taking place ? Expecting cars to squeeze past and risk damage seems to me that they should at least be partially liable ?

I'm afraid I'm not could be old tell you that they're responsible for the damage to a moving car.

However it does sound as though they are committing the offence of obstructing the highway.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 month ago.
thank you