I falleded!

**ManDownUnder** · 21st October 2007, 19:23

Bugger man... need me to make a phone call or two while I'm in the US next week? Dunno if I can bring a fairing home with me though...

Is the bike ridable/legal? If not - what's it need?

Edit - not sure if these help, but from a previous thread on a similar subject... wel... the same subject from what I can see.

Find out who the contractor was, ask if the cleanup was part of the contract and have them clarify why it was not done. Write to contractor, register the costs with them and when they say "naff off" contact Disuptes Tribunla (or whatever the hell it's called these days).

Originally Posted by Big Dave

As per Jills Pea-ing problem - there is a precedent that awarded damages to a motorcyclist felled by unsignposted roadworks.

Originally Posted by ManDownUnder

This just in from Tranzit

There are three aspects to this, which should apply to roads irrespective of the road controlling authority; i.e. whether the road is State Highways or a local one looked after by council. The primary issue is that of safety in that loose material does not get onto a road so that markings are obscured, or that materials do not effect vehicles traveling over them.

The first of these aspects is to have measures in place to either lower speed where loose materials might be encountered or give some pre-warning. Such an example is that of a chip sealed road, which at the end of 48 hours after sealing, is swept and pavement marked, then the temporary speed restriction removed. This sort of requirement is usually written into the contract under which the work is being carried out.

If there is construction works then the contract conditions usually requires that no materials are spread off site.

Thirdly if materials are inadvertently dropped from a passing vehicle, then they need to be removed in a timely manner. In some instances this will require emergency action and cleaned up as soon as practical or if within the maintenance contract response times, if there is no imminent danger to passing traffic. If a truck operator spills materials onto the road then they can be prosecuted for an insecure load as well as been held liable for third party damage.

I hope this covers you concern. However, if you are aware of any location on SH's where you believe there is loose metal, please keep us informed. We will have the location inspected and the situation rectified.

===

... so I asked...

What is the best course of action in those situations where a contractor fails to adequately sweep the surface resulting in vehicle damage? My concern stems from a number of incidents (and a good number of "near misses") in the motorcycling community where our safety is compromised by the presence of a relatively small amount of loose chip.

I realise it's impractical to always get 100% of loose material of the road, and freely concede the burden of safety is shared by the motorist needing to drive (or ride) to the conditions. A particularly concerning situation that affects bikes is loose chip present on the apex of a corner - out of sight on approach, greatly reducing traction while leaning through the corner, reducing braking, and reducing manoeuvring capability.

In a situation of unmarked chip, or other residual debris causing a loss of control resulting in loss of control and accident, is Transit or the contractor ultimately responsible for costs incurred?

**Luckylegs** · 21st October 2007, 19:34

Need plastics............. should have gone to that damm tupperware party huh ?

Seriously though, sorry to hear about your off, hope man and machine are OK soon and back on the road

**H00dz** · 21st October 2007, 20:46

thats real shitty Col, up north theres from Kawakawa to Kaitaia there are some REALLY shitty roads...Especially after all the flooding,some roads still messed up....Pity bout your bike

**Nasty** · 21st October 2007, 21:01

Not good Col .. I hope you are ok ... and not too banged up

**riffer** · 21st October 2007, 21:09

Damn Colin.

The bike was just starting to look good again. Hope you're not hurting too much tonight.

**Toaster** · 21st October 2007, 21:12

Damnbugggerblastsodpoo... sorry to hear of your wee unexpected sojourn to the tarmac. I hope you and the bike get fixed up quickly!

**Colapop** · 22nd October 2007, 09:41

The bike aint too bad. Everyone's closed so sourcing stuff will have to wait til tomorrow. Won't take much to get it sorted which is good.

**yungatart** · 22nd October 2007, 16:07

Oh, Col! What a bugger!
If I hadn't been so far up the mW when I got the news, we woulda turned around and given you a hug...all 12 of us!
Thanks for Saturday, it was beaut!!

**madmal64** · 22nd October 2007, 16:39

Fark

Had not been back on the road for long either

At least you can still tell us all about it.

**Colapop** · 22nd October 2007, 17:17

As said, I am lucky. I coulda falleded in front of a bus! BUT I didn't, all I got was a booboo and a semi busted bike... One day it'll be all nice and shiny and new looking again.. then I'll put it in a glass box and only polish it sometimes...

**MSTRS:Me** · 22nd October 2007, 17:35

Originally Posted by Colapop

As said, I am lucky. I coulda falleded in front of a bus! BUT I didn't, all I got was a booboo and a semi busted bike... One day it'll be all nice and shiny and new looking again.. then I'll put it in a glass box and only polish it sometimes...

You sure about that Col? Can I suggest polycarbonate...even you would have trouble breaking that!