Re: [Talk-GB] A431 toll road (going a bit OT)

2014-08-11 Thread Dave F.

On 05/08/2014 15:00, Curon Davies wrote:
On 5 August 2014 14:25, Dave F. dave...@madasafish.com 
mailto:dave...@madasafish.com wrote:


 One reason I haven't added it is because it's illegal (AFAIK. The 
owners of the land  local councillor failed to reply to my tweets)  
definitely has no planning permission.


The development isn't illegal, there is no criminal offence (AFAIK), 
on the other hand it is unlawful.


a) Semantics
b) Isn't there a statute law which says 'you can't build or open a road 
without authorisation'?




 They have produced no proof it's been constructed to DfT/HA standards.

AFAIK roads only need to be constructed to this standard if the road 
is to be adopted, there are numerous developments where the road isn't 
built to standard, yet they are still mapped on OSM.


AFAIK adoption is only the transfer of responsibility for maintenance 
i.e. from the building contractor to the local municipal authority. The 
roads, depending on there usage, have to be constructed to various 
standards. I can't imagine the M6 toll was allowed to get away with 
rolling out just 150mm thick layer of compacted hardcore.




 Insurance (all parties) is unclear  possibly suspect. Another 
reason is I don't map everybody's private drive way.


Although questionable, the road is opperated by KELSTON TOLL ROAD 
LIMITED, and therefore would require public liability insurance.


Getting insurance is dead easy. These companies love being given money 
for old rope, (think of extended warranties for your big screen TV). 
Receiving a payout is another matter. Will _your_ policy compensate if 
you hit another vehicle on an unlawful road?


Dave F.


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Re: [Talk-GB] A431 toll road (going a bit OT)

2014-08-11 Thread david
I would hope so, for anyone who has ever been to a village fete and 
parked in the farmers field.




Getting insurance is dead easy. These companies love being given money
for old rope, (think of extended warranties for your big screen TV).
Receiving a payout is another matter. Will _your_ policy compensate if
you hit another vehicle on an unlawful road?

Dave F.



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Re: [Talk-GB] A431 toll road (going a bit OT)

2014-08-11 Thread David Woolley

On 11/08/14 10:33, Dave F. wrote:

On 05/08/2014 15:00, Curon Davies wrote:

On 5 August 2014 14:25, Dave F. dave...@madasafish.com
mailto:dave...@madasafish.com wrote:

 One reason I haven't added it is because it's illegal (AFAIK. The
owners of the land  local councillor failed to reply to my tweets) 
definitely has no planning permission.

The development isn't illegal, there is no criminal offence (AFAIK),
on the other hand it is unlawful.


a) Semantics
b) Isn't there a statute law which says 'you can't build or open a road
without authorisation'?


It seems to me that this is being driven by one particular application 
of the map, motor vehicle routing.


The road exists.  It is possible to get permission to use it if you are 
under 3.5T.  Therefore I would say that something like this is valid: 
highway=unclassified; motor_vehicles=yes/permissive; hgv=no; fee=yes is 
necessary.


If that results in routing applications using it in a way that voids 
insurance, maybe add something like mib_approved=no.


Buildings certainly should still be mapped, even if they don't have 
planning permission (four years for construction and 10 for use are more 
permanent than most shop tenancies).


Settlements should be mapped, even if some other country disputes their 
legality.


More generally, though, it is dangerous for something like OSM to claim 
authority on the legal status of any object.  Locally, you put yourself 
at risk of being sued when you turn out to be wrong.  Internationally, 
it increases the pressure to ban it from countries involved with border 
disputes.



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