Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Gravel driveway spills onto roadway...who is responsible???

Discussion in 'Politics, Laws, Government & Insurance' started by Caz V1, Mar 23, 2006.

  1. I live in a crescent....it has a few bends in it!
    On of my neighbours has a gravel driveway and crossover, the gravel is always spread over the roadway outside his drive, it is also right on a bend.
    Yesterday I was going out and just as I approached the bend a car coming the other way had to vear over cos of a parked car also on the bend....so I was forced into the far left, and into the gravel.
    I'm aware of the gravel so I always take it easy in that section, but yesterday I had to brake slightly and felt it slide a bit when I had to brake.
    I got such a fright! :shock:
    Id like to approach my neighbour and ask him to sweep up the gravel every so often....but I'd also like to know what the laws are regarding this before I go and shoot my mouth off!
    Or would I be better off just going down the street with my own broom and sweeping it up myself?

    Also got a problem with a heavy haulage truck parked on the corner and all the oil he leaves on the road is very dangerous...is he responsible for cleaning it up , so I dont go A OVER T in the rain when Im cornering?

  2. Speak to your local council, they will have experienced people that can advise your best course of action
  3. Write a polite letter to you local council decribing the dangers existing on the road. They will either see fit to fix the problems themselves of write to the relevent parties asking them to clean up their own mess. Ultimately I would guess that since it's the council's road it's the council's responsibility to take any steps to fix the problem. This way also means that you don't risk upsetting your neighbours. :)
  4. May not be the same, in a roundabout kind of way.

    But Casey council fined a gentleman for having dirt/sand wash from his garden onto the footpath.

    Approach the council and ask.

    A friend of our said all councils/owners should tarmac the road for atleast 200mtr onto a dirt/gravel track/driveway/private property.

    Helps to prevent problems with loose gravel over the road.
  5. So the problem is gravel on the public road (coming from a private one).
    As a legal thing I would guess that you may have no recourse to either party, but in practice, if you complain to the council they quite often will seal a section of a private road where it joins the public one, to avoid problems in future. Worth a try.
    Maybe you could get TAC to spend some of our levy on, as a m'cycle black spot? :p
  6. Im on the phone...on hold at present with my local council...Im onto the 3rd person/department already!!

    stay tuned..... :grin:
  7. agree with what the others have already said. speak to the council because they will want to help out because it is a problem on their land so it is in their interests to sort out the problem.

    Also, once you have made the Council aware of a problem on their land, if they do not do anything they will be in deeeeeep poo poo if anything happens. So the chances are they will sort the matter out.

    In terms of the truck parking there........in most jurisdictions there are fairly strict limitations on the parking of commercial vehicles in residential areas. I would also bring this one up with the council.

    To make sure you get their attention, mention things like "danger to the community" and "accident waiting to happen" and "please do something cause there are children around there all the time" :grin:

    I wouldnt bother speaking to your neighbour, just go to the council.
  8. ok....I have discovered that .....

    it is not illegal to have a gravel drive (this I already knew)

    the first solution the council offered was to get the street sweeper in...
    all good and well, but what about if there is a car parked outside the house...preventing the street sweeper from having access!

    My response was...ok..thats fine...but what I want to know is..if I have a stack, cos of gravel on your road, who do I sue...you the council...or the house owner that owns the gravel?
    OK...council now have a different opinion...after a few more different departments....Justine from the council has learnt something new :grin: .....the law states......
    its not illegal to have a gravel drive..but it is illegal for anything from your property to cause harm to people or their property!
    So....containment of the gravel is the owners responsibility.

    Ok, now the council see my dilemma(more like covering their own ass), they are filing an official report.

    I'll post a progress report as I get more action :)

    thanks for you help guys

  9. VMAC is already doing this - sealing private driveway entrances to prevent the spread of gravel/dirt onto the roads. And as you say, email VMAC or Vicroads to alert them to the situation.

    Thing is, though, on principle it gets up my goat that we have to subsidise the partial sealing of a private driveway. I would rather see the owner do it, or be exposed to the liability should it cause a crash.

    As for the truck dropping oil, that's an EPA issue. I'd advise the EPA of this. And don't consider it "dobbing". The owner of the truck is allowing a prescribed waste to enter uncontrolled into the environment. It's also causing a road hazard.

    To the OP, Good luck.

    Ps. I thought that a "crescent" was one big bend, hence the name, not lots of bends. Maybe it should be renamed to "Crescents"....

  10. IT's true that containing the gravel is thew owners responsibility, but ensueing the safe condition of the road is council responsibility. It would still be the council that you sue for failing to ensure that residents obey regulations effecting the condition of the road and failing to maintain the road adequately. :)
  11. Try the VicRoads reporting line

    You should ALWAYS report things like that - even if you're not sure - if it's a Council issue they'll refer it on.

  12. Great thread.

    Useful info thats relivant to all bikers I reckon.
  13. After further discussions with Justine from the council (city of hume)
    it has become evident that although crossovers are meant to be concreted, my local council has taken the soft approach and decided not to enforce this law :shock:
    I went for a walk this afternoon..for a closer look...as opposed to a quick zoom past..cant really check it out while Im concentrating on the road ahead....it is clear that they have a concrete drive..but not a concrete crossover...and I thought that you are not allowed to drive a car over a crossover that has not been concreted or reinforced..cos of water pipes etc.
    I rang the council back and gave them precise details..address etc, and they told me that they do not enforce the crossover law.
    I told them that I will continue to press on with this issue..not only is it a safety issue now...its a common law issue re property values surrounding this house..it looks awful with the crossover not concreted and its not fair on fellow residents that have paid to concrete their crossovers.

    I then got on my bike and did a survey of my suburb :roll: there are an abundance of unconcreted crossovers in my area, and Im gonna be working my hardest to make sure they all get concreted if they have stones in them....some may say Im taking this to far...but hey...I ride around this area everyday...why shouldnt I try to make it safe for all!

    So, now the council have issued me with a reference number for my complaint and they are looking into it further. They are sending an inspector out tomorrow to look at the crossover, then decide on appropriate action, if any :shock: ...if any? I said...what do you mean if any? If the crossover must be concreted by law for a car to drive over it...then what is the issue...just get it concreted!
    I told the council I will not be backing down on this issue...so they best get the concrete mixer organised while the weather is good...before I have a stack and sue the bloody pants of them.

    Any way...I will wait til I get a response from the inspector tomorrow.
  14. could you clarify what you mean by "crossover"


    oh, and thanks for the update. I love getting on the backs of local governments when they cant be bothered doing their job.
  15. A cross over is the section of drive that is between the house boundary and the road.....the nature strip in most cases...except for the bit we concret to allow us to drive over it and onto our own property...in this case..they have not concreted it...just filled it with stones...and as most drives are on a fall....the gravel just pours down onto the road every time a car exits the property.
  16. Does anyone know if a similar avenue of communication is available to riders within NSW?
  17. thanks caz

    thats what i thought, it had just occured to me that i might have been thinking of things the wrong way round or something. but its all good.

    well it certainly does seem pretty clear cut that the area in question should be concrete. The more difficult question is who is responsible to concrete it.
  18. it is up to the owner of the house to have it concreted...they are the ones that want to drive over it...dont they...or they could just all park in the street.....
    The crossover issue is also about water pipes...its not a good idea to have cars or trucks drive over them unless it has been reinforced....like with new houses they put down them big wooden planks all joined together with steel straps to reinforce the drive so as not to damage the water pipes when the builders trucks are coming and going.

  19. 131700 is a NSW number for Transport Management Centre 24hrs ,i.e ,crashs ,brake downs on blind coners, kids on feeway ,drunks of freeway, trucks lost a load.

    Thats some of the things i have called to inform them off.
  20. Seeings as the fella lives in your street, wouldnt it of been more "neighbourly" to knock on their door and talk to them about your concerns before going through official channels? The fella there might not realise how dangerous it is, and be happy to go out every morning and sweep any excess back onto his driveway. As it is, he will probably get a letter of demand or similar from the council, and wonder what yellabellied neighbour didnt give him the courtesy of voicing their concerns before going straight to official channels. Im not knocking your course of action, its just I would of given him the chance to remedy it himself rather than possibly pissing him off.