roadworks speed limit

[Spurio Senior Member Find all posts View Profile Close Spurio]

Very interesting, thought some may find this interesting

This is a recent case that has been going through the system.

A person was speeding thru a roadworks/construction zone, had a accident which damaged their vehicle, construction equipment and injured a worker.

Bottom line, driver was charge with speeding, reckless driving bla bla bla... The VERY interesting bit is the insurance company wont cover the driver as he was "excessively speeding" through a clearly defined speed limited area and therefore breaking the law and hence voiding ALL insurance cover, outcome he is completely responsible and accountable for all damages and costs.

I would be very interested to view the insurance company's definition of "excessive speed"

[MickL Addicted PP Member Find all posts View Profile Close MickL]

Re: roadworks speed limit

From what I understand... be breaking any road law or even have an unroadworthy vehicle (even as simple as over size tyres, lift etc) be it related to the accident or not and your insurance cover is null and void.


Mick

[Guest Close Guest]

Re: roadworks speed limit

Not necessarily true as traffic infringements are the cause of many if not most accidents. eg not giving way, tailgating etc. You will find that many accidents also result in a traffic infringment notice (or ticket) issued by police. I have seen some significant accidents where this has been the case and insurance has never been an issue. I think the issue is more whether the incident is caused by genuine 'accidental reasons' or through deliberate and intentional actions. It is easy to suggest you didn't see an oncoming or turning vehicle but speeding through a clearly marked reduced speed zone is much more difficult to just go 'oops'. It would be interesting to know what speed was measured or estimated in this case. I'd think 5km/h or so wouldn't be an issue but I expect the excess was probably far more than this.

Driving an unroadworthy vehicle is a no brainer though. This is even specifically stipulated in most if not all insurance policies.

[MickL Addicted PP Member Find all posts View Profile Close MickL]

Re: roadworks speed limit

I think the issue is more whether the incident is caused by genuine 'accidental reasons' or through deliberate and intentional actions

Good point. This is more likely the case.


Mick

[metro09 Member Find all posts View Profile Close metro09]

Re: roadworks speed limit

Not necessarily true as traffic infringements are the cause of many if not most accidents. eg not giving way, tailgating etc. You will find that many accidents also result in a traffic infringment notice (or ticket) issued by police. .

Spot on. The issue is where a person is charged with culpable driving or the magical 'driving with undue care and attention' From memory I read somewhere that if someone received a 'criminal' charge (ie, drink driving, operating a mv in a manner that causes grevious bodily harm, reckless driving etc) then you pretty much kiss your insurance goodbye, but where they are normal traffic offences then you would normally be sweet. Might have been the RACQ magazine - don't remember.

[Spurio Senior Member Find all posts View Profile Close Spurio]

Re: roadworks speed limit

don't know what speed the person was travelling at, I'll try and find out

it happened on a federal funded national road so will have consequences right across all levels of government


Other interesting news, was the rapid approval of TIRTL speed measuring devices in NSW in Nov 08 and there unmarked use over xmas on NSW roads (construction zones) and, the trials of mobile (in vehicle) speed cameras and improvements and adaptation to the heavy vehicle monitoring system to light vehicles. You begin to wonder if this money was spent improving roads, would it save more lives ?

[Rainman Advanced Member Find all posts View Profile Close Rainman]

Re: roadworks speed limit

No speeding problems through these road works

[lofty Advanced Member Find all posts View Profile Close lofty]

Re: roadworks speed limit

'Excessive speeding' could be doing 60kmph in a construction zone where the limit has been dropped to 25 with a couple of temporary signs. Thats still 35kmph over the limit.

Its pretty easy to miss seeing the signs sometimes, i often see them set up where no apparent road works or maintenance is taking place. It would be very easy to sail straight through and not know.

[metro09 Member Find all posts View Profile Close metro09]

Re: roadworks speed limit

No speeding problems through these road works

Thats an absolute pearler!!!!! Love it!

'Excessive speeding' could be doing 60kmph in a construction zone where the limit has been dropped to 25 with a couple of temporary signs. Thats still 35kmph over the limit.

Its pretty easy to miss seeing the signs sometimes, i often see them set up where no apparent road works or maintenance is taking place. It would be very easy to sail straight through and not know.

Even better is where the roadworks have finished for about 2km, and they haven't reset the speed limit to end the roadworks.... :twisted:

[lofty Advanced Member Find all posts View Profile Close lofty]

Re: roadworks speed limit

Even better is where the roadworks have finished for about 2km, and they haven't reset the speed limit to end the roadworks.... :twisted:

Yep, see that often to, one of my absolute pet hates :evil:

[ntp Addicted PP Member Find all posts View Profile Close ntp]

Re: roadworks speed limit

Even better is where the roadworks have finished for about 2km, and they haven't reset the speed limit to end the roadworks.... :twisted:

Yep, see that often to, one of my absolute pet hates :evil:

Or when, in a remote locality, they put reduced speed limits signs in place to slow drivers down around workmen, but leave them up even when no-one is working in the areas - especially over weekends!

[Darren C Junior Member Find all posts View Profile Close Darren C]

Re: roadworks speed limit

Hey guys,interresting subject,dont know much about liability/insurance issues youve mentioned,having been on the other side of the fence/barrier (been in road construction for a long time)I do know that there is a very strict set of rules and regs for setting up signage etc for roadworks whitch have to be followed to the T. If this is not done exactly by the book,eg; minimum distances between signs,minimum distances before the start and finish of the works etc.the company/dept.doing the works can be held liable in the event of an accident.Rest assured that though most people wouldnt know if this was the case,the apropriate authorities investigate this in the event of an accident.Often the 1st thing they look at! Just a bit of trivia!

[LiveFreeAndRoam Avid PP Poster! Find all posts View Profile Close LiveFreeAndRoam]

Re: roadworks speed limit

Or when, in a remote locality, they put reduced speed limits signs in place to slow drivers down around workmen, but leave them up even when no-one is working in the areas - especially over weekends!

Ditto!!

Darren C, would you have anything to enlighten us on why this is so? Like nt, I find this practice very frustrating.

With an "L" driver behind the steering wheel at the moment, I have him sit on the speed limit everywhere. At some roadworks near us, it is posted with 40 in an otherwise 80-zone. Many others drive at 60, some may slow to 50, we are about the only ones doing 40. We tuck-in to the left lane and cause a km of traffic to dart around us. To keep my young driver focused on the job, I challenge him to keep the needle dead-on 40. This is not so easy; the Prado is virtually idling, so it requires a fine touch .

LFaR.

[Darren C Junior Member Find all posts View Profile Close Darren C]

Re: roadworks speed limit

Gday LFaR and nt,
I understand where your coming from, I see this quite often myself.As far as reduced speed limits through these work sites there are alot of possible reasons why they are left unchanged whilst no work is going on.To give you a broad explaination,anywhere the road conditions have changed from their normal state,until the works are complete,eg;the shoulder of the road is being rebuilt or re-surfaced,there are stockpiles of material nearby,open trenches,machinery parked in the area,barriers or safety fencing separateing the live lanes from the works etc.etc.,the speed limit must stay at the reduced limit.One of the main reasons for this is people are often distracted by the things ive mentioned above ie;looking at these things instead of the car in front or oncoming traffic etc.and this is one of the main causes of accidents through work sites.Often referred to as RUBBERKNECKING!But,as far as any signage referring to workman ahead or prepare to stop,the funny looking picture of a workman shovelling etc.these should allways be removed or covered up when the worksite is unattended! Unfortunately I quite often see this has not been done and what happens is people are that used to seeing these signs up 24/7 that they ignore them at the times when they are relevant!
I hope ive shead some light on the subject for you
I say to everyone PLEASE SLOW DOWN when going past workers on the ground,it might be painfull but peoples lives are at stake and theres not much give in the front end of a car or truck when it hits one of us mere mortals!
my 2 cents worth
Daz

[LiveFreeAndRoam Avid PP Poster! Find all posts View Profile Close LiveFreeAndRoam]

Re: roadworks speed limit

Hi Darren,

Thanks for your thoughts mate. Yeah, that all makes sense. I'll use the rubber-necking description to explain it away to my young driver when he feels a little narky on the accelerator.

Cheers,
LFaR.