In England if a housing developer is required by the local highways authority to carry out a road traffic speed survey on a 30mph road over a 7 day period to determine the speed of vehicles using the road.
If the survey results ultimately were to show an average speed of 37mph or less a 60m safety site line is required, however; if the results show that the average speed is 38mph or higher a 120m safety site line is required.
If a presently unknown person during the survey placed false signs i.e. "slow down-tree felling in progress" at the survey point when no tree felling is scheduled or occurs.
The survey is subsequently submitted by the developer to the highway’s authority showing an average speed of 37mph, the highways authority acknowledges that the ‘slow down etc signs’ affected the results but still accepts 60m safety site lines. N.B. the development could not be built if 120m site lines were required.
If it could be proven the developer was either aware or even involved in the survey probable manipulation could he be considered as acting fraudulently within the Fraud Act 2006.
If the survey results ultimately were to show an average speed of 37mph or less a 60m safety site line is required, however; if the results show that the average speed is 38mph or higher a 120m safety site line is required.
If a presently unknown person during the survey placed false signs i.e. "slow down-tree felling in progress" at the survey point when no tree felling is scheduled or occurs.
The survey is subsequently submitted by the developer to the highway’s authority showing an average speed of 37mph, the highways authority acknowledges that the ‘slow down etc signs’ affected the results but still accepts 60m safety site lines. N.B. the development could not be built if 120m site lines were required.
If it could be proven the developer was either aware or even involved in the survey probable manipulation could he be considered as acting fraudulently within the Fraud Act 2006.
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